Site plan and building approval by the Planning Board is required for all land use and/or development within the Village of Brockport, including but not limited to expansion, reorientation, reduction and/or alteration of off-street parking areas and driveways in accordance with § 58-22B and Chapter 16, Driveways, § 16-8.

No building, structure or land shall be used or occupied and no building, structure or part thereof shall be erected, moved, altered or placed unless in conformity with the regulations for the district in which it is located and until a permit therefor shall have been issued in accordance with the provisions of this chapter.

No building or structure shall exceed the height, accommodate or house a greater number of families, occupy a greater percent of lot area or have narrower or smaller front, side or rear yards than specified herein for the district in which such building, structure or use is located.

No part of a yard or other open space required about any building or structure for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building or structure. There shall be but one principal use of any one lot.

Unless otherwise regulated, accessory structures and garages which are necessary to a residential use and located in a side yard shall meet the same front and side yard requirements as established for the principal building, and accessory buildings and structures entirely within the rear yard shall be placed not less than three feet from a side lot line or from a rear lot line, except that a structure which is accessory to a dwelling erected and occupied prior to the date of the enactment of this chapter may be placed in the rear 30 feet of the lot, not less than one foot from the side lot line. No accessory building shall exceed 15 feet in height.

When a lot in a B District or in an I District abuts a lot in the O District or in the T District,[1] there shall be provided in such B District or I District lot a yard or open space abutting the residential use district lot of not less than equal to the height of the business or industrial building wall nearest the residential lot line.

Two or more abandoned, disabled, dismantled or partly dismantled vehicles allowed to remain on any premises for a period of more than 30 days; the storage, sale or abandonment of wastepaper, rags, scrap metal, discarded materials; or the collecting, dismantling, storage, salvaging or abandonment of machinery or vehicles not in operating condition shall constitute a junkyard and is a violation of this chapter, except when located in the I District and in compliance with the provisions for the Industrial District.

Used building materials which have been salvaged for use in the construction of another building shall not be stored other than in the I District, except when intended for use in the erection of a building or structure on any premises for which a building permit has been issued.

In any district, it shall be unlawful to occupy, for sleeping purposes or for public assembly purposes, all or any part of a one-story structure, the floor of which is below the required yard elevation.

Where two or more adjacent parcels of land are, at the time of the enactment of this chapter, in the same ownership, they shall for the purposes of this chapter be considered as a single lot.

In any district, whenever a vacant lot in the same ownership as an abutting lot or a lot fronting on the same street opposite from a lot which is occupied at the date of the enactment of this chapter by a legal nonconforming use and there is need for off-street parking area for vehicles of potential clients and employees of said nonconforming use, the Board of Appeals, after public hearing, may authorize the granting of a permit or the issuance of a certificate of occupancy for the use of such vacant lot for off-street parking, in accordance with a plot plan and statement of establishment and maintenance as submitted by the applicant and as may be approved or as may be modified and approved by the Board of Appeals.

In any O District, it shall be unlawful to erect or maintain outdoor advertising signs or billboards, except those business and professional announcement signs as may herein be permitted.

In any O or B District, the placing, location or use of house trailers, mobile homes or other vehicles or of similar structures as dwellings is prohibited. Such vehicles and structures may be established in Industrial Use Districts in conformity with the provisions of the house trailer regulations of the Village of Brockport[2] and pertinent provisions of this chapter.

In any district, it shall be unlawful to establish or maintain a private dump, a waste disposal area or a facility for the depositing, burying or otherwise disposing of or treatment of animal, vegetable, mineral, chemical or radioactive waste materials. Incineration of combustible materials is permitted pursuant to appropriate Village fire regulations and laws. This prohibition shall not apply to the composting of manure from domestic animals or fowls and vegetative plants for the purpose of agricultural soil improvement.

Any parcels of land which are split by two or more different types of zoning within a specific parcel of land (tax account number) as of the effective date of this amendment shall, for the purposes of zoning, carry the zoning classification of whichever type of zoning covers the majority of the area within that parcel.

All work related to a total rehabilitation of any facade on Main Street between the New York State Canal and State Street and Erie Street and on Market Street from Main Street to Water Street shall require continuation of the theme of the 1979 through 1984 Community Development Facade Program and shall require Village Planning Board approval.

A variance is not required wherein a structure complies with all setback regulations on an existing tape location map and discrepancies are shown on a new instrument survey for said structure, provided that the discrepancy does not exceed 12 inches. Any such violation is waived by the Village of Brockport.

At no time shall there be parked or stored at any premises, driveway or yard more than one unlicensed vehicle. Any vehicle remaining on a premises longer than 10 days after the owner has been notified by certified mail to remove such vehicle shall be towed by orders of the Village of Brockport at the owner's expense.

Display of house numbers.

One-family dwellings.

Churches and similar places of worship, convents and parish houses.

Public parks, playgrounds and similar recreational areas.

Public and parochial schools at all educational levels, public libraries and other municipal building and uses.

Home occupations.

Farms and gardens.

Accessory buildings and uses which usually accompany and are a part of a permitted use.

Garages for storage of autos ordinarily used by occupants of the dwelling, not to exceed a two-auto capacity.

Bed-and-breakfast establishments.

There shall be a front yard of not less than 30 feet in depth; however, the front setback in any event shall not be less than the average front setback established by existing residences on the same street, to be determined by an average of the setbacks within 200 feet of said lot.

There shall be a rear yard of not less than 30 feet in depth.

There shall be two side yards, both of which shall be not less than 10 feet in width.

Where a lot has, at the time of the enactment of this chapter, a width of less than 85 feet, the side yard requirements shall be modified in proportion of the lot width to the required lot width, so that one side yard shall have a width of not less than four feet and the other side yard shall have a width of not less than 11 feet.

For corner lots, there shall be a yard of not less than 30 feet in width along the side lot line adjacent to the side street and extending from the front line of the lot to the rear line of the lot.

Where yards have been established to greater or lesser depths or widths than required by this chapter within 200 feet of the premises for which a building permit is filed, the Board of Appeals may vary the yard depth and width requirements so as to be in harmony with the character of the development of the neighborhood.

When at the time of application for a building permit to erect a dwelling it is determined that the size or location of the dwelling on the lot is such that a garage could not be erected on the lot, within the provisions of this chapter, a notation of this fact shall be made on the building permit.

At no time shall there be parked or stored at a dwelling's driveway or yard more than two pickup trucks, one ton or less, or two vans, one ton or less, or one such pickup truck and one such van. No larger commercial or commercially used vehicles are permitted at any time in a dwelling's driveway, yard or garage.

No disabled or partly disabled vehicles are permitted at any time, except when housed within a closed garage or structure.

Dwellings shall have minimum floor areas as follows: one-story ground floor, 1,100 square feet; two- or three-story: ground floor, 700 square feet; split level: 1,100 square feet aboveground; raised ranch: 800 square feet aboveground. The area of porches and auto garages shall not be included.[4]

All installations must comply with National Electrical Code, NFPA 70, Article 625.

All installations must comply with the New York State Existing Building Code, New York State Fire Code, New York State Plumbing Code, New York State Mechanical Code, New York State Fuel Gas Code, and the New York State Energy Conservation Construction Code.

Any person installing a charging station must, prior to installation, notify the utility providing electric power to the property.

Each electric vehicle charging station shall include vehicle impact protection (bollards) or a similar structure.

Components for electric vehicle charging stations may encroach up to 36 inches into a required setback or buffer.

No more than one charging station may be installed on any parcel except for the Business District, where two charging stations may be installed on each parcel.

Notwithstanding any district regulation to the contrary, electric vehicle charging shall be a permitted accessory use in all zoning districts.

Single-family dwelling unit subject to all applicable regulations as defined in § 58-9.

Stores or shops for the conduct of retail or personal service businesses.

Food processing when the products are for sale exclusively on the premises.

Dance halls, theaters, bowling alleys, billiard rooms, clubs, lodges and similar places of recreation and hotels, motels, auto courts and similar places of lodging.

Bus stations, communication centers, banks and offices.

Mortuaries, hand laundries, personal service laundries.

Commercial parking lots, small animal hospitals and animal clinics.

Any use similar in character to those enumerated for which the Board of Appeals may, in appropriate cases and after public hearing, authorize the issuance of a permit.

Accessory buildings and uses which usually accompany and are a part of a permitted use.

A building may be used for a combination of residential and commercial uses, subject to the following:

The Zoning Board of Appeals, after public hearing and subject to conditions essential to the safety, health and general welfare of the people of the Village, may authorize the granting of a special permit for the establishment of membership clubs, lodges, social and recreational centers and for the erection, alteration and use of buildings, such as a hospital, convalescent home, home for the aged, children's nursery, facilities for the developmentally challenged and medical centers for the care and treatment of humans, subject to the regulations of such agencies and departments of the State of New York having jurisdiction relative to the establishment and operation of such facilities and uses. Such structures and uses shall also meet the requirements of any applicable provision of the Multiple Residence Law and such rules and regulations as may be established by the Village Board.

Bed-and-breakfast establishments.

Restaurant, as defined by the Alcoholic Beverage Control Law, Article 1, § 3, Subdivision 27: "Restaurant shall mean a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods, which may be required for ordinary meals, the kitchen of which must, at all times, be in charge of a chef with the necessary help, and kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. 'Meals' shall mean the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. 'Guests' shall mean persons who, during the hours when meals are regularly served therein, come to a restaurant for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein. Nothing in this subdivision contained, however, shall be construed to require that any food be sold or purchased with any beverage."

Bars, taverns, saloons and any other establishment whose primary purpose is the retail sale of alcohol for consumption on the premises.

All uses permitted in I Industrial Use Districts unless specifically permitted in Subsection A of this section.

Mini warehouses, also known as "self-service storage facilities."

The first floor of any building located on Main Street between State Street/Erie Street and the New York State Canal and on Market Street between Main Street and the east boundary line of tax account number 069.045-002.018 shall not be used for residential purposes.

Two-family dwellings and multiple dwellings.

Definition. As used in this subsection, the following terms shall have the meanings indicated:

Permit required; restrictions.

Application for permit. The written request/application may, at the Village Board of Trustees' discretion, contain the following information:

Conditions for issuance of permit.

Cafe regulations. A cafe authorized and operated pursuant to this article shall:

Maintenance of premises and furniture.

Music, lighting and outdoor cooking.

Notice of violation, fines and revocation of permit.

Appeal of denial, revocation or issuance of permit. All appeals of denial, revocation or issuance of permit shall go before the Village Board of Trustees.

Scientific or engineering research and/or experimental development or materials, methods or products.

Engineering design of products.

The manufacture, processing and assembly of previously refined materials in the following industrial categories:

Office buildings for executive, engineering and administrative purposes.

Any other uses similar in character to those listed above, subject to Planning Board approval.

All uses permitted in any other districts are prohibited.

Prototype manufacturing incidental to research and development laboratories and corporate headquarters and offices.

Warehousing and storage, provided that such uses shall not occupy more than 15% of the total building floor area and shall be located within the principal building of the permitted use.

Noncommercial recreational facilities.

Restaurants, provided that such uses are located entirely within the building to which they are accessory.

Day-care centers, provided that such uses are located entirely within the building to which they are accessory.

Research and testing laboratories for biotechnology and genetic or gene research.

Manufacture, storage, handling and use of radiological, chemical or biological warfare agents or of explosives or blasting agents. The use of explosives or blasting agents which may be necessary for construction purposes may be permitted.

Uses which would create, in any manner, noxious or offensive noise, dust, refuse matter, odor, smoke, gas, fumes, vibration or glare.

Uses which would create a menace to neighboring properties by reason of fire, explosion or other physical hazards to any person, building or vegetation.

Uses which would create harmful discharge of waste materials, including both airborne and waterborne wastes and refuse.

If an existing use within a Limited Industrial Use District is proposed to be changed to a separate, different and distinct use, an application must be made for site plan approval to the Planning Board. As part of the review of said application, the Planning Board, after a public hearing, may require changes in the development of the site. These changes may include but shall not be limited to off-street parking, loading areas, landscaping and screening, lighting, signage and access which would be necessary to accommodate the proposed new use.

All uses, including equipment for the handling of processes, shall be conducted in a completely enclosed building. The actual loading and unloading of materials shall not be restricted to indoor locations.

No materials, supplies or equipment shall be permitted to be permanently stored outside any building. Company vehicles may be parked out of doors overnight, provided that they are stored on the property to which they are accessory and adequately screened from public view. A signed permit is required from the Planning Board for the temporary placement of construction trailers.

All waste, scrap, refuse, empty containers, dry bottles and cartons shall be stored and handled in suitable containers inside an accessory structure.

Any building or site that has been abandoned or left vacant shall be maintained or the Village shall take any action to secure the building and maintain landscaping at the owner's expense. This includes, but is not limited to, mowing of lawn, trimming shrubs, etc.

No buildings or parking areas are permitted within 100 feet of a residential district.

No buildings are permitted within 80 feet of any public or private street. No buildings are permitted within 40 feet of rear property lines or within 25 feet of any side yard property line.

No parking areas are permitted within 25 feet of any property line or private street.

The maximum aggregate coverage of any lot by impervious surfaces, including but not limited to buildings, walks, drives, parking and loading areas, etc., shall not exceed 60% of the total area of said lot.

The maximum floor area ratio (FAR) on any lot shall be:

Lot width shall not be less than 150 feet.

Lot area shall not be less than one acre.

No building within a Limited Industrial Use District shall exceed 35 feet in height as measured from the average finished grade at the perimeter of the building. Building appurtenances and/or service facilities located on the roof shall be excluded from the thirty-five-foot height limitation. The maximum height of any structure, including appurtenances, shall be 50 feet.

Features on the roof, such as water tanks, cooling towers, mechanical devices and accessory equipment and bulkheads, shall be enclosed within walls of a material in harmony with that of the main walls of the building of which they are a part. Such material and design shall be subject to approval by the Planning Board.

Radio and television antennas, masts, aerials, horns, parabolic reflectors or similar communication devices located on buildings shall not extend more than six feet above the roof or ridge of such lines of such buildings and shall not, as measured in plane view area, occupy more than 10% of the square footage of the building.

The minimum parking ratio for each lot in a Limited Industrial Use District shall be three parking spaces per 1,000 square feet of gross building floor area. The Planning Board may reduce the actual number of parking spaces to be provided based upon evidence supplied which would support the specific parking needs of individual uses. In granting such a reduction, the Planning Board shall reserve the authority to require additional spaces to meet actual needs.

The maximum parking ratio for each lot in a Limited Industrial Use District shall be four parking spaces per 1,000 square feet of gross building floor area.

All private-street parking areas and driveways shall be curbed and shall be paved with bituminous concrete pavement, concrete or unit pavers.

Retaining or freestanding walls shall be finished with contemporary material compatible with adjacent buildings. Retaining and freestanding walls shall be landscaped as part of the overall site landscaping plan.

Sidewalks shall be constructed of concrete or unit pavers such as brick or stone and shall be a minimum of five feet in width.

Access and services drives shall not be less than 24 feet nor more than 40 feet in width.

No lot shall have more than two access drives from any public or private street.

All exterior service areas shall be located at the side or rear of buildings. Under no circumstances shall such exterior service areas be located between any building and a public or private street except for access drives to individual lots.

All building service areas shall be sufficiently screened with plants to conceal the service area activity from off-lot view.

Dumpsters shall be completely enclosed in an accessory building.

One business sign shall be permitted for each lot in the Limited Industrial Use District. Business signs shall be limited to information which identifies the address of the building and the name of the business.

The limitations on the number of signs shall not apply to parking lot markers, directional signs, entrance and exit signs, and other such signs which are erected on the premises, provided that such signs shall not exceed two square feet in area on one side and do not contain any advertising material. The number and location of such signs shall be approved by the Planning Board as part of the site plan review process.

Business signs shall not exceed 20 square feet.

Directory signs shall not exceed 32 square feet.

No sign or structure support for any sign shall be more than six feet in height or within 20 feet of any public or private street or within 15 feet of any lot line.

Signs may be internally or externally illuminated, provided that no direct light is directed toward or visible from any street or other lot.

A landscaping plan shall be submitted with each site development plan. The landscaping plan shall be designed to achieve the following:

All developed lots which contain unbuilt areas shall be landscaped with a combination of trees, shrubs, perennials and turf grass.

Landscaping along public or private streets in a Limited Industrial Use District should have an organized formal planting scheme. A formal planting scheme with trees lining the street in definite sequence will define the edges of individual properties and the boundaries of functional space. New trees shall be planted 50 feet on center along designated streets. Plantings should be deciduous shade trees approved by the Planning Board.

Plantings for the space between buildings and parking areas and at building entrances should be selected and arranged with the intent of creating human scale outdoor space which recognizes the pedestrian activity in the Limited Industrial Use Districts and the need to identify building entrances. Although the Planning Board shall approve the use of all plantings proposed, a wide range of ground cover, shrubs and trees are encouraged in Limited Industrial Use Districts to create interest and a degree of landscape appropriate to the pedestrian use.

All buildings with exposed foundations shall have foundation plantings. The purpose of foundation plantings is to screen exposed foundations and to provide a soft transition between the walls of a building and the landscape.

All unpaved surfaces not planted with trees, shrubs or ground cover shall be turf grass.

Lighting shall be placed in a logical manner and shall be appropriate in style and intensity to provide illumination and security for each lot. Lighting shall be provided in areas that would be dangerous if unlit, such as ramps, intersections and abrupt changes in grade. A lighting plan shall be developed in a manner that contains and directs lighting into a Limited Industrial Use District and away from adjacent areas.

Production of farm and garden crops.

Manufacturing and processing.

Public utility structures and services.

Terminal facilities for transportation services.

Motor vehicle sales, service, storage, repair and parking.

Animal sales lots and storage barns.

Wholesale trades and businesses.

Commercial greenhouses.

Processing of food products.

Laundries, dry-cleaning and dyeing establishments.

Storage and sale of motor vehicle and domestic fuels, both wholesale and retail, subject to securing a permit under the procedure defined under Subsection A(15) of this section.

Storage and sale of building and construction supplies.

Stores and shops for the conduct of retail or personal service business, dance halls, theaters, bowling alleys, billiard rooms, clubs, lodges and similar places of recreation, hotels, motels, auto courts, restaurants and similar places of lodging and entertainment that do sell alcoholic beverages for on-the-premises consumption.

Accessory buildings and accessory uses which usually accompany and are a part of the above permitted uses.

Any other industrial use when authorized by the Board of Appeals, and subject to securing a permit therefor and to such conditions, restrictions and safeguards as may be deemed necessary by said Board of Appeals, after a public hearing, for the purpose of protecting the health, safety, morals or general welfare of the community, except that such authorization by the Board of Appeals shall not be required for the expansion or extension of present industrial uses in accordance with I District requirements.

Mini warehouses, also known as "self-service storage facilities."

All uses permitted in all other districts are prohibited in the I District unless expressly permitted in the Industrial Use District. When unnecessary hardship is imposed by this regulation prohibiting residence and business uses, the Board of Appeals shall, after public hearing, vary the application of this section so as to permit the use of such lands, structures and uses for residential or business purposes in accordance with the provisions specified for such uses in the Residential Use District or in the Business Use District.

No building, structure or land shall be used, erected or maintained which is arranged or designed to be used for any of the following purposes:

All uses of land, buildings and structures or industrial processes that may be noxious or injurious by the reason of the production or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration or similar substances or conditions; provided, however, that any uses may be permitted if approved by the Board of Appeals, and subject to the securing of a permit therefor and to such conditions, restrictions and safeguards as may be deemed necessary by said Board, after a public hearing, for the purpose of protecting the health, safety, morals or the general welfare of the community.

There shall be provided off-street parking space of at least one parking space for each 400 square feet of gross floor area or for each two workers, as shall be determined by the Board of Appeals.

There shall be provided sufficient additional area for the unloading, loading and storage of motor vehicles used in the conduct of the industrial activities. For uses other than an industrial use granted as a variance by the Board of Appeals, there shall be provided sufficient space for off-street parking or storage of motor vehicles which shall congregate as a result of the use of such land, buildings or structures.

All uses permitted in the B Business District as they are regulated by that district, except for the following:

All uses permitted in the O Residential as they are regulated by that district.

Multiple dwellings, provided that:

The filling shall not adversely affect the distribution of surface water on or off the site.

The type of material used for the fill shall be approved by the Board.

All precautions necessary shall be taken to prevent erosion from the site until the fill is secured.

The enclosure shall be at least four feet in height and have a maximum vertical clearance to grade of two inches.

Where a picket-type fence is provided, horizontal openings between pickets shall not exceed 3 1/2 inches.

Where a chain-link fence is provided, the openings between links shall not exceed 2 3/8 inches.

The enclosure shall be constructed so as not to provide footholds.

Pickets and chain-link twists shall extend above the upper horizontal bar.

Such enclosures shall have railings and posts within the enclosure, which shall be capable of resisting a minimum lateral load of 150 pounds applied midway between the posts and at the top of posts, respectively.

The enclosure, fence material or fabric shall be capable of withstanding a concentrated lateral load of 50 pounds applied anywhere between supports on an area 12 inches square without failure or permanent deformation.

Gates, provided in the enclosure, shall be self-closing and self-latching with the latch handle located within the enclosure and at least 40 inches above grade.

A wall of a dwelling is permitted to serve as part of the enclosure under the following conditions:

Setbacks. Pools located in the side yard shall meet the same front and side yard requirements as established for its principal building. Pools entirely in the rear yard shall be placed not less than three feet from the side or rear lot line.

Aboveground pools with at least 46 inches between the pool decking or the pool top and adjoining grade are exempt from the requirements of § 58-18 of this chapter, provided that their access ladder or steps can be blocked in an approved manner when not intended for use.

A pool less than 24 inches deep is exempt from the requirements of § 58-18 of this chapter.

New York State Fire Underwriters.

Middle Department Inspection Agency, Inc.

New York Atlantic-Inland, Inc.

Any nonconforming use existing at the time of the enactment of this chapter may be continued, and upon application to and approval by the Zoning Board of Appeals, the Zoning Board of Appeals may direct the Building Inspector to issue a certificate of occupancy extending said nonconforming use within the premises as prescribed by the Zoning Board of Appeals to conform as nearly as practical to the requirements for the district in which the building, structure or use is situated.

A nonconforming use, if changed to a permitted use for the district in which it is located, shall not thereafter be changed to a nonconforming use, nor shall one nonconforming use be substituted for another simply because it is generically similar to an existing nonconforming use.

A nonconforming structure, when removed from any premises, shall not be relocated on the premises except in conformity with the provisions of this chapter applicable to the district in which it is located.

Restoration and repairs. Nothing in this chapter shall prevent the restoration or repair of a building destroyed or partly destroyed by fire, explosion, act of God or act of public enemy subsequent to the enactment of this chapter, nor shall this chapter prevent the continuance of such use as existed at the time of the destruction or partial destruction of such building, provided that restoration is commenced within six months after the date of destruction and is completed within nine months of the date of destruction. Any major restoration to the facade of any nonconforming use shall be approved by the Historic Preservation Board.

Whenever a nonconforming use has been discontinued for a period of nine months, such nonconforming use shall not thereafter be reestablished, and future use shall be in conformity with the provisions of this chapter.

No permit for the erection or substantial alteration of a structure or for the development of a land use shall be issued unless off-street automobile parking shall have been planned in accordance with this section.

Required parking facilities for the enlargement or extension of an existing structure or use shall be provided as a condition for the issuance of any building permit for such enlargement or extension in the future. In the case of practical difficulty or unnecessary hardship to such properties arising out of this requirement, appeal may be made to the Zoning Board of Appeals, which shall require that degree of compliance as it may deem reasonable for that part of the structure or use that is legally nonconforming, but shall not waive any part of the requirement for that part of the structure or use that constitutes an enlargement or extension thereof. However, in no event shall consideration be given nor a decision be determined on whether to issue a building permit, certificate of occupancy or the granting of a variance by the Zoning Board of Appeals by the fact that maximum economic benefit from the premises may not be derived because of the requirements of this section.

This section is applicable to the present O Residential Use District, those structures in the B Business Use Districts whereby this section may be reasonably applied to such a structure located in said district, and to all other use districts presently existing or future use districts augmenting or replacing those districts presently in existence whereby this section can be reasonably applied.

Preexisting parking.

General requirements applicable to all districts.

Minimum requirements.

The owner of the property where a violation of this section occurs or who fails to provide parking facilities as per the requirements of this section shall be subject to a penalty in the sum of $50, and in addition, such violators shall pay all costs and expenses incurred by the Village in determining such violation, and when such violation is continuous each day thereof shall constitute a separate and distinct violation.

The owner of any motor vehicle that is parked in disregard of the provisions of this section and in any other way fails to comply with this section shall be subject to a fine of $10, and in addition, such motor vehicle owner shall pay all costs and expenses incurred by the Village in determining such violation, and when such violation is continuous each day thereof shall constitute a separate and distinct violation.

Penalties for such violations shall be collected, and violations of this section shall be prosecuted in the manner prescribed by the Village Law of the State of New York.

Preserve, protect and promote the use of historic landmarks which reflect the Village's cultural, social, economic, political and architectural history.

Safeguard the property rights of owners.

Stabilize and improve property values.

Foster civic pride.

Strengthen the economy.

Protect and enhance the appeal of the Village for residents, tourists and visitors and for use in educational purposes.

Encourage the harmonious, orderly and efficient growth and development of the Village.

For the purpose of effecting and furthering the goals and purpose of this section and the preservation, protection, perpetuation and use of landmarks and historic areas, the Historic Preservation Board shall select:

In identifying any area, place, building, structure or similar object as a landmark, the Historic Preservation Board shall apply one or more of the following criteria:

Identification.

The procedure for application for landmark designation is as follows:

The Village Clerk shall forward notice of each property designated as a landmark and the boundaries of each designated district to the office of the Monroe County Clerk. The Village Clerk shall also send the owner of said property or properties a copy of the ordinance and a copy of said notice.

Appeal. Any person aggrieved by reason of hardship by the decision of the Historic Preservation Board to designate a landmark or by disapproval of an application for designation as a landmark may, within 30 days of receiving such an application or disapproval notice, file a written application with the Village Board for review of said decision. The Village Board shall, after public notice, hold a public hearing to which the Historic Preservation Board, the owners of the property in question and other interested parties shall be invited. Within 30 days after the conclusion of that hearing, the Village Board shall either confirm or disallow the decision of the Historic Preservation Board.

No person shall alter, construct, remove, reconstruct, demolish or otherwise significantly change the exterior of any property designated a landmark or within the historic district without first obtaining a certificate of appropriateness from the Historic Preservation Board. Exterior improvements which need the approval of the Board include:

The following procedures shall apply in regard to such a change in any such property:

Every owner, lessee or occupant of a designated historic property shall keep the same in good repair as follows:

The provisions of this section shall be in addition to all other provisions of law requiring any such improvements.