This chapter shall be in effect immediately upon adoption and publication as provided by New York State Village Law.

Zoning affects every structure and use. Except as hereinafter provided, no building, structure or premises shall be used or occupied and no building or structure shall be erected, moved, reconstructed, extended, enlarged, altered, or demolished except in conformity with the regulations herein.

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, community values, safety or other general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other applicable law, ordinance, regulation or private agreement, the most restrictive, or that imposing the higher standards, shall govern.

The Village does not enforce or maintain a record of private agreements. This zoning law is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this zoning law impose a greater restriction than imposed by a private agreement, the provisions of this zoning law will control.

Applications prior to effective date. Accepted applications that were submitted before the effective date of this chapter will be reviewed wholly under the terms of this chapter.

Permits granted prior to effective date.

Continuance of violations.

Continuing nonconformities. Any nonconformity under the previous zoning law will also be nonconformity under this zoning law, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this zoning law, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.

The zoning districts of this chapter are bounded and defined as shown on a map entitled the "Official Zoning Map of the Village of Pittsford," bearing the date of adoption of this chapter and as revised from time to time. For convenience the Official Zoning Map of the Village may also be referred to as the "Zoning Map."

The Zoning Map is hereby established, adopted, and incorporated into this chapter and shall be as much a part hereof as if fully set forth and described herein.

The Village Clerk shall maintain the Zoning Map and file all amendments thereto with Monroe County and New York State as required by New York State Village Law.

A copy of the Zoning Map indicating the latest amendments shall be kept in the offices of the Village Clerk for the use and benefit of the public.

Where district boundaries are indicated as approximately following the centerlines of streets, highways, waterways or railroad rights-of-way, or such lines extended, such centerlines shall be construed to be such boundaries.

Where such boundaries are indicated as approximately following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries.

In all cases where a district boundary line is located not farther than 10 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.

In all other cases where dimensions are not shown on the map, the location of boundaries shown on the map shall be determined by the Code Enforcement Officer through the application of a graphic scale or other such instrument of measurement.

The Office of Code Enforcement of the Village of Pittsford is hereby established for the purposes of enforcing this chapter, the Village Code, local laws adopted by the Village Board of Trustees, the New York State Uniform Fire Prevention and Building Code, and any other applicable local, county, state, or federal laws and regulations.

The Mayor of the Village of Pittsford may appoint officers and inspectors to the Office of Code Enforcement to assist with the exercise of powers and fulfillment of duties conferred upon the Office by this chapter and New York State law. Such appointments shall be subject to approval by the Village Board of Trustees.

The compensation for the employees of the Office of Code Enforcement shall be set from time to time by the Village Board.

Appointment. The position of Building Inspector shall be subject to appointment by the Mayor and confirmation by the Village Board of Trustees as provided by New York State Village Law.

Certification. The Building Inspector shall possess background experience related to building construction and fire prevention and shall obtain training as required by the State of New York for building code enforcement personnel. The Building Inspector shall also obtain certification from the New York State Department of State pursuant to the Executive Law and the regulations promulgated thereunder.

Powers and duties. The Building Inspector shall be responsible for the administration and enforcement of the New York State Building Code and the regulations contained therein. Powers and duties of the Building Inspector shall include:

Appointment. The position of CEO shall be subject to appointment by the Mayor and confirmation by the Village Board of Trustees as provided by New York State Village Law.

Certification. The CEO shall possess background experience related to building construction and zoning regulation and shall obtain training as required by the State of New York for code enforcement personnel. The CEO shall also obtain certification from the New York State Department of State pursuant to the Executive Law and the regulations promulgated thereunder.

Powers and duties. The CEO shall be responsible for the administration and enforcement of this chapter and the regulations contained herein. Powers and duties of the CEO shall include:

The CEO and Building Inspector are empowered to cause any building, structure, or tract of land to be inspected and examined and to order in writing the remedying of any condition found to exist in violation of any local, county, state, or federal law or regulation.

After any such order has been served, no work shall proceed on any building, structure, or tract of land covered by such order except to correct the violation or to comply with such order.

By-laws. The Village Board may approve by-laws for the conduct of its business consistent with statute and this chapter.

Public hearings. The Village Board shall hold public hearings as required by this chapter and decisions shall be voted upon at public sessions. The Village Board may otherwise hold executive sessions in accordance with the New York State Open Meetings Law.

Recommendations. The Village Board may seek recommendations from the Historic Preservation Board, Planning Board, Zoning Board of Appeals, Village officials or departments, or other agencies as it deems appropriate.

Staff appointments and confirmations. The Village Board may confirm clerks or other employees serving at its pleasure, upon appointment of such by the Mayor. The Village Board may also confirm clerks or other employees to serve at the pleasure of the Historic Preservation Board, Planning Board, or Zoning Board of Appeals upon appointment of such by the Mayor.

The Village Board shall hold public meetings and hearings as required by this chapter and New York State law and decisions shall be voted upon at public sessions. The Village Board may otherwise hold executive sessions in accordance with the New York State Open Meetings Law.

The Village Clerk, or its designee, shall keep minutes of all proceedings before the Village Board.

The Village Board is subject to the New York State Freedom of Information Law and the Open Meetings Law. The vote or failure to vote of each board member shall be recorded. If any board member abstains from voting based on a conflict of interest or otherwise, the member must also state his or her reason(s) or ground(s) for doing so on the record.

Final decision authority. Pursuant to this chapter and New York State Village Law, the Village Board are hereby authorized and empowered with final decision authority to approve, approve with modifications or conditions, or deny applications for the following:

Additional powers. The Village Board shall hold all additional powers and duties provided by the laws, rules, and regulations of New York State and the code and local laws of the Village of Pittsford.

Membership and terms.

Qualifications of members.

Chairperson.

Vacancies. Vacancies occurring other than by expiration of a term of office shall be filled by appointment of the Mayor pursuant to New York State Village Law. Any such appointment shall be for the unexpired portion of the term of the replaced member.

Alternate members.

Each member of the Planning Board shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet this requirement.

Such training shall be approved by the Village Board and may include, but not be limited to, training provided by a municipality, regional or county planning office or board, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including, but not limited to, electronic media, video, distance learning, and traditional classroom training.

To be eligible for reappointment to the Planning Board, a member shall have completed the training approved as set forth above.

The training may be waived or modified by resolution of the Village Board when, in the judgment of the Village Board, it is in the best interest to do so.

No decision of the Planning Board shall be voided or declared invalid because of a failure to comply with the training requirements herein.

By-laws. The Planning Board may approve by-laws that are consistent with the regulations adopted by the Village Board.

Quorum. A simple majority of the Planning Board members shall constitute a quorum for the transaction of business. An affirmative vote of a majority of the full Planning Board is required to approve any resolution, motion, or other matter before the Planning Board.

Meetings. Meetings may be held at any time on the written request of any two Planning Board members or at the call of the Chairperson.

Public meeting and hearings. The Planning Board shall hold public meetings and hearings as required by this chapter and decisions shall be voted upon at public sessions. The Planning Board may otherwise hold executive sessions in accordance with the New York State Open Meetings Law.

Recommendations. The Planning Board may seek recommendations from the Village Board, Historic Preservation Board, Zoning Board of Appeals, Village officials or departments, or other agencies as it deems appropriate.

Attendance. All members are required to attend and take an active part in all scheduled meetings. If a member is unable to attend a meeting, they must notify the secretary so that an alternate member can be called upon to attend.

Secretary and staff. The Village Board shall confirm a secretary to serve at the pleasure of the Planning Board, upon appointment of such by the Mayor. At the time of service, the secretary shall not also serve as member of the Planning Board. The secretary shall keep a record of all resolutions proceedings, and actions of the Planning Board, as well as attendance of Planning Board members.

Voting records. The Planning Board is subject to the New York State Freedom of Information Law and the Open Meetings Law. The vote or failure to vote of each Planning Board member shall be recorded. If any Planning Board member abstains from voting based on a conflict of interest or otherwise, the member must also state his or her reason(s) or ground(s) for doing so on the record.

Minutes. Planning Board meeting minutes, including a record of the Planning Board's decisions and determinations, shall be filed with the Village Clerk as they are completed.

Absence from three consecutive regular or special meetings other than for illness or valid personal reasons substantiated by documented evidence;

Absence from 80% of the regularly scheduled meetings within any twelve-month period other than for illness or valid personal reasons substantiated by documented evidence; or

Failure to obtain and comply with the training requirements as set forth in this chapter.

Final decision authority. Pursuant to this article and New York State Village Law, the Planning Board is hereby authorized and empowered with final decision authority to approve, approve with modifications or conditions, or deny applications for the following:

Advisory authority. Pursuant to this article and New York State Village Law, the Planning Board is hereby authorized and empowered with review and advisory authority for the following actions:

Additional powers. The Planning Board may exercise additional powers as directed by the Village Board, as may be described elsewhere in this chapter, and as permitted by New York State Village Law.

Membership and terms.

Qualifications of members.

Chairperson.

Vacancies. Vacancies occurring other than by expiration of a term of office shall be filled by appointment of the Mayor pursuant to New York State Village Law. Any such appointment shall be for the unexpired portion of the term of the replaced member.

Alternate members.

Each member of the ZBA shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet this requirement.

Such training shall be approved by the Village Board and may include, but not be limited to, training provided by a municipality, regional or county planning office or board, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including, but not limited to, electronic media, video, distance learning, and traditional classroom training.

To be eligible for reappointment to the ZBA, a member shall have completed the training approved as set forth above.

The training may be waived or modified by resolution of the Village Board when, in the judgment of the Village Board, it is in the best interest to do so.

No decision of the ZBA shall be voided or declared invalid because of a failure to comply with the training requirements herein.

By-laws. The ZBA may approve by-laws that are consistent with the regulations adopted by the Village Board.

Quorum. A simple majority of the ZBA members shall constitute a quorum for the transaction of business. An affirmative vote of a majority of the full ZBA is required to approve any resolution, motion, or other matter before the ZBA.

Meetings. Meetings may be held at any time on the written request of any two ZBA members or at the call of the Chairperson.

Public hearings. The ZBA shall hold public hearings as required by this chapter and decisions shall be voted upon at public sessions. The ZBA may otherwise hold executive sessions in accordance with the New York State Open Meetings Law.

Recommendations. The ZBA may seek recommendations from the Village Board, Historic Preservation Board, Planning Board, Village officials or departments, or other agencies as it deems appropriate.

Attendance. All members are required to attend and take an active part in all scheduled meetings. If a member is unable to attend a meeting, they must notify the secretary so that an alternate member can be called upon to attend.

Secretary and staff. The Village Board shall confirm a secretary to serve at the pleasure of the ZBA, upon appointment of such by the Mayor. At the time of service, the secretary shall not also serve as member of the ZBA. The secretary shall keep a record of all resolutions proceedings, and actions of the ZBA, as well as attendance of ZBA members.

Voting records. The ZBA is subject to the New York State Freedom of Information Law and the Open Meetings Law. The vote or failure to vote of each ZBA member shall be recorded. If any ZBA member abstains from voting based on a conflict of interest or otherwise, the member must also state his or her reason(s) or ground(s) for doing so on the record.

Minutes. ZBA meeting minutes, including a record of the ZBA's decisions and determinations, shall be filed with the Village Clerk as they are completed.

Absence from three consecutive regular or special meetings other than for illness or valid personal reasons substantiated by documented evidence;

Absence from 80% of the regularly scheduled meetings within any twelve-month period other than for illness or valid personal reasons substantiated by documented evidence; or

Failure to obtain and comply with the training requirements as set forth in this chapter.

Final decision authority. Pursuant to this article and New York State Village Law, the ZBA is hereby authorized and empowered with final decision authority to approve, approve with modifications or conditions, or deny applications for the following:

Additional powers. The ZBA may exercise additional powers as may be described elsewhere in this chapter and as permitted by New York State Village Law.

A building, structure, lot or use of land existing prior to the adoption of this chapter or any amendment thereto which does not conform to the regulations of the district in which it is situated shall be deemed nonconforming.

A building, structure or use of land existing prior to the adoption of this chapter or any amendment thereto which does not now conform to the regulations of the district in which it is situated may be continued.

A nonconforming use shall not be extended or expanded to any additional portion of an existing building or structure or addition thereto or any new building or structure.

A nonconforming building or structure shall not be extended or altered in any manner than increases the nonconformity.

A building damaged by fire or other causes may be restored, and the use of such building which existed at the time of the damage may be resumed, provided that such restoration is commenced within a reasonable time after the damage is sustained.

Where such restoration will result in a nonconforming use, the Village Board shall determine what provisions of the zoning law are to be complied with, and such determination shall be binding even though it may result in an abatement or elimination of such nonconforming use.

In making such determination, the Village Board shall consider changes in the circumstances involving the property and the surrounding area, the overall good of the Village of Pittsford and the financial burden resulting from the elimination of all or part of the said nonconforming use.

Use of a building, structure or land existing pursuant to a special exception use permit granted prior to any amendment of this chapter which no longer conforms to the regulations of the district in which it is situated may continue for the duration of the special exception use permit.

Modification of such permits shall be permitted pursuant to the provisions of special use permits provided in Article 35 of this chapter.

Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any building or structure or exterior architectural feature that does not involve a change in design, building materials, color, or outward appearance.

Acts of ordinary maintenance or repair shall be considered those which do not include a change in the design, material, form, or outer appearance of a resource, such as repainting. This includes methods of stabilizing and preventing further decay, and may incorporate replacement-in-kind or refurbishment of materials on a building or structure.

Every owner or person in charge of a building or structure in the Village shall keep in good repair all of the exterior and interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvement to deteriorate, decay or become damaged or otherwise to fall into a serious state of disrepair.

Examples of types of prohibited disrepair include, but are not limited to:

In the event that the Historic Preservation Board, Planning Board, Zoning Board of Appeals, Building Inspector, Code Enforcement Officer or Village Clerk determines that any exterior architectural feature of any building or structure located in the Village of Pittsford has deteriorated in violation of the ordinary maintenance and repair requirements of this chapter, then the board or official shall forward such determination to the Village Board for further action.

In the event that the Village Board receives a determination from a board or official as referenced in the preceding subsection, then the Village Board shall direct the Building Inspector to issue a notice and order requiring the owner or any person with an interest in such real property to remediate and repair the deteriorated exterior architectural feature so as to bring it into compliance with this section. Such notice and order shall set forth a deadline for compliance.

In the event that the subject property is not brought into compliance by the established deadline, then the Village, or its duly authorized representative, may enter on such property and correct such violation. The total cost for the correction of such a violation, including any and all attorney's, expert's and consultant's fees, shall be assessed upon the real property where the violation was corrected. Such total cost shall constitute a lien and charge on the real property on which it was levied until paid or otherwise satisfied or discharged and should be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes.

A violation of any provision of this chapter shall be an offense, punishable by a fine of up to $2,000 and imprisonment for up to 15 days, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors.

Each violation that continues over a period of 10 consecutive days shall constitute a separate additional offense. In addition to any penalties imposed under this chapter, continued violations of this chapter shall be punishable in any other manner provided under other local regulations, and state and federal law.

Any owner or person in charge of a property who demolishes, alters, constructs, or permits a designated property to fall into a state of disrepair in violation of this chapter in the absence of the proper approval(s) required herein may be required by the Village Board to restore the property and its site to its appearance prior to the violation.

If, in the judgment of the Historic Preservation Board, Planning Board, Zoning Board, Code Enforcement Officer or Village Clerk, a violation of this chapter exists that will result in a detrimental effect upon the life and character of a building or structure in the Village, the board or official shall notify the Building Inspector.

If, upon investigation, the Building Inspector finds noncompliance with the requirements of the Property Maintenance Code of the New York State Fire Prevention and Building Code, this chapter, or any other applicable Village of Pittsford or New York State law or regulation, the Building Inspector shall order such remedies as are necessary and consistent with this chapter and shall provide written notice thereof to the Village Board.

The Village Board, Zoning Board of Appeals, Planning Board, Historic Preservation Board, Village Clerk, Building Inspector, and Code Enforcement Officer, in the review of applications as provided for in this chapter, may refer any such application presented to them to such engineering, architectural, historical, planning, technical, environmental, or legal consultant, or attorney, as shall be reasonably necessary to enable them to review such application as required by law. The amount of the fee shall be determined by the respective board; in the case of the Village Clerk, such determination should be made by the Village Board and the professional consultant at the time the application is made. Each of the consultants shall estimate their fees based on the services to be rendered on behalf of the Village from a review of the application, including such documents, maps, plans, specifications, drawings and the like as may be a part of the same.

The consultant will be retained pursuant to the Village Procurement Policy. The applicant shall make an escrow deposit with the Village, equal to the amount of the fees so determined. This escrow deposit shall be utilized to pay the cost of the special consultant's fees involved. The applicant's application shall not be deemed complete until such time as said escrow deposit has been made. If during the course of the review the need for further specialist consultation is deemed reasonably necessary by the Board, the same cost estimate and escrow deposit procedure shall be followed.

Upon completion of said review and within a period of 45 days thereafter, the Board shall adopt a resolution specifying whether the escrow deposit amount specified was sufficient, excessive or insufficient. In the event that a respective Board should determine that said amount is excessive, then the balance shall be returned to the applicant within 60 days. In the event that the Board should determine that the escrow deposit was insufficient, it shall so specify and the applicant shall be required to make payment of such additional amount within 60 days.