It is found and declared that uniformity or lack of harmony in the exterior design and appearance of buildings erected in the same residential neighborhood for occupancy as single-family dwellings adversely affects the desirability of immediate and neighboring areas for residence purposes and by so doing impairs the benefits of occupancy of existing residential property in such areas, impairs the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate use of such real property, prevents the most appropriate development of such areas, produces degeneration of residential property in such areas with attendant deterioration of conditions affecting the health, safety, and morals of the inhabitants thereof, deprives the municipality of tax revenue which it otherwise could receive and destroys a proper balance in relationship between the taxable value of real property in such areas and the cost of the municipal services provided therefor.

It is the purpose of this article to prevent these and other harmful effects of uniformity or lack of harmony in the exterior design and appearance of buildings erected in the same residential neighborhood for occupancy as single-family dwellings and thus to promote and protect the health, safety, morals and general welfare of the community.

Therefore, in order to regulate uniformity or lack of harmony in the exterior design and appearance of buildings erected in the same residential neighborhood for occupancy as single-family dwellings and to create and define the powers and duties of a board with authority to hear and decide appeals from action relating thereto, the following regulations are adopted.

Except as provided in this article, no building permit shall be issued for the erection of any building for occupancy as a single-family dwelling if it is like or substantially like any neighboring building, as hereinafter defined, then in existence or for which a building permit has been issued in more than three of the following six respects:

Buildings shall be deemed to be like each other in any dimension with respect to which the difference between them is not more than four feet. Buildings between which the only difference in relative location of elements is end-to-end or side-to-side reversal of elements shall be deemed to be like each other in relative location of such elements. In relation to the premises with respect to which the permit is sought, a building shall be deemed to be a neighboring building if the lot upon which it or any part of it has been or will be erected is any one of the following lots, as shown on the Tax Map of the Village:

Buildings shall be deemed out of harmony with neighboring buildings when the design of a new building or alteration to an existing building is without consideration of the harmonious relation of the new or altered building to such buildings as already exist and the environs in which they are set. In reaching such a conclusion, the Building Inspector shall consider such things as proposed style, materials, mass, line, detail or placement upon the property or in relation to the spaces between buildings or the natural character of the landscape or because the plans do not provide for the location and design of structures and open spaces so as to create a balanced and harmonious composition as a whole and in relation to its several parts and features to each other. A neighboring building shall be defined as set forth in Subsection B(1) through (4) above.

On existing structures, no horizontal plane of a front or side facade shall be extended more than 25 feet without a change or break in said plane of at least two feet. A projecting chimney shall be considered a change or break in a plane so long as said chimney is of the full height of the building or structure.

On newly constructed buildings or structures, no horizontal plane shall be more than 50 feet in width without a change or break in said plane of at least two feet with an additional required break in the plane of at least two feet for every 25 feet of additional horizontal feet thereafter.

No more than 75% of a two-story front or side facade shall be made in one vertical plane; the balance of said facade shall follow a vertical plane which is separated from the former plane by at least two feet. A projecting chimney shall be considered a separation, provided the chimney is of the full height of the structure or building.

At least 10% of each and every facade shall be comprised of fenestration (windows and/or doors).

Denial of building permit. In any case in which the Building Inspector of the Village shall deny an application for a building permit solely or partly because of the provisions of §§ 160-59A, 160-60 and 160-61 of this chapter, he shall promptly send to the applicant, by mail addressed to the address of the applicant set forth in the application, a notice of his action which shall specify the ground or grounds upon which the same is based.

Appeal. Any person aggrieved by action of the Building Inspector in denying an application for a building permit solely or partly because of the provision of §§ 160-59A, 160-60 and 160-61 of this chapter and any officer of the Village who claims that the action of the Building Inspector in granting an application for a building permit violates such provisions may take an appeal therefrom to the Zoning Board of Appeals by filing a notice of appeal, which shall specify the grounds thereof, with the Building Inspector and with the Board within 30 days from the date on which such action was taken. Upon receipt of such notice of appeal, the Building Inspector shall forthwith transmit to the Zoning Board of Appeals all of the papers constituting the record upon which the action appealed from was taken.

Stay of proceeding. Unless the Zoning Board of Appeals shall otherwise direct, an appeal duly taken as provided in Subsection B of this section stays all proceedings in furtherance of the action appealed from.

The Zoning Board of Appeals shall fix a reasonable time for the hearing of each appeal duly taken as provided in Subsection B of this section and give due notice thereof to the parties and shall hold said hearings and decide said appeal within a reasonable time. The hearing shall be open to the public. Upon the hearing, any party may appear in person or by agent or by attorney. The Board may reverse or affirm, wholly or partly, or may modify the action appealed from insofar as it relates to the provisions of §§ 160-59A, 160-60 and 160-61 of this chapter and shall make such order, requirement, decision or determination as in its opinion ought to be made in the circumstances; and to that end shall have all the powers of the Building Inspector in connection with the application of the provisions of §§ 160-59A, 160-60 and 160-61 of this chapter. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of said provisions, and in conjunction with other applicable standards, the Board shall have the power, in passing upon appeals, to vary or modify the application of such provisions in harmony with their general purpose and intent so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.