No compensation, either direct or indirect, is paid for such transient occupancy; or

The dwelling unit is located in a single-family dwelling or a two-family dwelling and such unit is used for a transient occupancy no more frequently than once within any twelve-month period; or

The dwelling unit is located in a multiple dwelling, is owned by a person or entity which owns no more than one dwelling unit in such multiple dwelling, and is used for a transient occupancy no more frequently than once within any twelve-month period; or

The dwelling unit is located in a hotel which has been approved by the Village Board of Trustees as a conditional use in accordance with the provisions of this Code.

The actual use of a residence building as an extended-stay hotel prior to the effective date of this section may be continued, subject to those prohibitions set forth in § 225-127A to E of the Code, provided that, within 60 days after the effective date of this section, an application is filed with the Village Board under Village Code § 225-74A(18) seeking a conditional use permit regarding said use.

Any conditional use permit hereinafter issued by the Village Board to a preexisting extended-stay hotel shall include appropriate and reasonable conditions related to its use for transient occupancies.

Any conditional use permit hereinafter issued by the Village Board to a preexisting extended-stay hotel shall provide, among any other appropriate and reasonable conditions, that the minimum authorized occupancy in said extended-stay hotel shall continue to be at least 30 days; if a dwelling unit is rented or leased in such extended-stay hotel for a minimum thirty-day stay, but is physically vacated before the end of said thirty-day period, then the dwelling unit shall not be rerented or physically reoccupied until the first day after the end of said thirty-day period; the number of units in said extended-stay hotel used for transient occupancies shall not be increased beyond the number used for such occupancies, as of the effective date of this section; and, to the maximum extent feasible as determined by the Village Board, and at least to the extent otherwise mandated by law, such extended-stay hotel shall be required to conform to fire, safety and building construction codes applicable to hotels as defined in the New York State Fire Prevention and Building Code.

No conditional use permit shall hereinafter be issued to a preexisting extended-stay hotel pursuant to Subsection B(3) above in the absence of a finding by the Village Board of good cause or other special circumstances warranting the continuation of such use.

Except as specifically authorized by Subsection B, the use of any dwelling unit or residence building for transient occupancies which did not constitute a legal use prior to the effective date of this section shall continue to be illegal and shall be discontinued immediately.

Except as specifically authorized by Subsections A and B, the Village Board may order the discontinuance of any transient use of a residence building even if such use was legal prior to the effective date of this section. If the Village Board shall make such a determination with respect to a prior legal nonconforming use, then the Board shall direct that such nonconforming use cease within a specified period of time to be determined by the Board after notice and a hearing. In determining said period of time, the Board shall consider all relevant factors, including the nature and extent of the nonconforming use; the length of time during which the nonconforming use has existed; whether such use was legal prior to the effective date of this section; the amount of investment in the nonconforming use; the amount of time needed to amortize the investment in the nonconforming use; and the character of the neighborhood.

The filing of an application pursuant to Subsection B for a conditional use permit authorizing the continued use of a preexisting extended-stay hotel, and the Village Board's consideration of such application, shall not constitute an admission or acknowledgment by either the Village or the applicant as to the prior legality of such use.

Chimneys or flues.

Elevator or stair bulkheads.

Flagpoles or aerials.

Parapet walls not more than four feet high.

Mechanical equipment:

Solar panels, provided that the roof is fully enclosed by a parapet, the solar panels (at their highest point) do not exceed the height of the parapet, and the amount of roof area covered by such solar panels, when combined with the amount of roof area covered by mechanical equipment and by telecommunications-related equipment, does not exceed 80% of the roof area. In the event that a building does not have a parapet which fully encloses the roof, then a special permit, after a hearing, shall be required to establish the amount of roof area that may be covered by such solar panels and the manner of concealing them. In the event that the amount of roof area covered by such solar panels exceeds the percentage authorized under this subsection, then the Board of Trustees, for good cause shown after a hearing, may issue a special permit allowing the roof area to be covered by such panels to exceed said percentage.

Any other structure, equipment or device which promotes energy conservation, or a reduction in carbon emissions, or other environmental benefit, provided that the Village Board, after a hearing, grants a special permit for such structure, equipment or device.

In determining whether to issue a special permit under this section, the Village Board of Trustees shall consider the following factors:

The Village Board may impose any conditions it reasonably deems necessary in connection with the issuance of any such special permit.

Cornices, eaves, gutters, chimneys or flues projecting not more than 18 inches or window sills, belt courses or other ornamental features projecting not more that four inches. Said projection shall be measured from the extreme point of projection to the line of the building.

One-story bay windows projecting not more than five feet.

Balconies (with or without parapet walls and railings) and steps.

One-story open porches which shall project into front or rear yards not more than 10 feet, or which may project into one side yard, but shall not be nearer to the side line of the lot than the minimum side yard requirement.

One-story garage which is attached to and forms a part of the main building, which shall project into one side yard, but shall not be nearer to the side line of the lot than the minimum side yard requirement. Such projection shall begin not less than 10 feet back from the front building line.

Are incidental and subordinate to a permitted principal use.

Will not create a hazard to health, safety, morals or general welfare of the users thereof or the owners or occupants of adjacent, adjoining or nearby properties.

Will be used and maintained in such a manner as not to annoy, disturb or cause discomfort to the owners or occupants of adjacent, adjoining or nearby properties.

Shall be adequately screened, fenced and secured so as to prevent danger or injury to persons and property.

Shall be equipped with suitable equipment for disposal on the premises of the water that may be contained in the pool.

Any swimming pool and all its appurtenances and accessories shall be located entirely in the rear yard of the premises.

The area of the swimming pool shall not occupy more than 35% of the unoccupied area of the rear yard.

No part of the pool shall be located less than 25 feet from any lot line of the premises.

Plot plan, showing existing structures and their respective uses.

Plot, site and building plans of such proposed pool, showing dimensions, design, location and use of all structures, equipment, drainage, sanitary filtration, water supply and disposal facilities, fencing and screening.

Such other information and data as the Board of Trustees may direct.

A fee of $250.

No design unit constituting an auto-oriented facility may be erected, altered or reconstructed (except for normal maintenance without a permit from the Village's Board of Trustees. Such a permit may be granted only after compliance with the requirements applicable to such facility and after receipt of a design report in accordance with the provisions of this section. Application for such a permit shall be made on forms provided by the Village's Board, together with such other information, such as photographs and drawings, as are reasonably necessary to establish compliance with the provisions of this chapter.

The fee for any permit shall be $250.

Referral. Before a permit for a design unit constituting an auto-oriented facility or a variance for work on such a facility may be granted, the application for the permit or variance shall be referred to the Building Inspector for a report.

Review considerations. In responding to applications, the Inspector shall consider whether the materials, textures, colors and details of construction are an appropriate expression of the design concept of the work proposed, whether it is appropriate to and compatible with its surroundings and any design development plan adopted pursuant to Article XIV of this chapter for the design district in which such work is to take place and whether such work would be consistent with the purposes of this chapter; provided, however, that the Building Inspector shall restrict his considerations to a reasonable and professional review.

Report content and procedures.

Conditions applicable to auto-oriented facilities. Except as otherwise provided by a design development plan adopted in accordance with the provisions of Article XIV, all auto-oriented facilities shall meet the following requirements:

All unattended collection receptacles are prohibited on private property in the Village unless such receptacles are accessory to the principal use of the property, which principal use is lawful, active and ongoing during the period that the receptacles are located on the property.

Any unattended collection receptacle which does not comply with this provison as of the effective date of this section shall have 30 days to bring it into compliance, after which it shall be in violation of this section and subject to the penalties and remedies specified herein in § 225-147.

Nothing in this section shall authorize the consruction and/or placement on private property of accessory buildings within the meaning of § 225-2 unless they are authorized by the other provisions of this chapter or of the Village Code.

No security gate shall be erected or maintained in front of doors, windows or other openings facing or fronting on a public road or highway located within the Business and C-2 District and commercial buildings and uses in all districts.

No security gate erected or maintained behind doors, windows or other openings facing or fronting on a public road or highway located within the Business and C-2 District and commercial buildings and uses in all districts, unless first approved by the Board of Trustees at its sole discretion. The area of any such gate, when in the closed position, shall be at least 90% open with the bars and crossmembers comprising no more than 10% of the expanded area of the gate, and the quality and construction of any such gate shall be decorative in nature.

No permit shall be issued until the Board of Trustees has examined and approved, in writing, the proposed security gate as complying with all of the provisions of this chapter.

Permits shall expire three months following the date of issuance if no substantial work is begun and may be renewed upon written application to the Building Inspector.