It is hereby declared as a matter of public policy that the protection,
enhancement and perpetuation of landmarks and historic districts is necessary
to promote the economic, cultural, educational and general welfare of the
public. Inasmuch as the identity of a people is founded on its past, and inasmuch
as LeRoy has many significant historic, architectural and cultural resources
which constitute its heritage, this chapter is intended to:
A. Protect and enhance the landmarks and historic districts
which represent distinctive elements of LeRoy's historic, architectural
and cultural heritage.
B. Foster civic pride in the accomplishments of the past.
C. Protect and enhance LeRoy's attractiveness to visitors
and the support and stimulus to the economy thereby provided.
D. Ensure the harmonious, orderly and efficient growth and
development of the village.
It is hereby declared as a matter of public policy that the property
owners of Village of LeRoy should be given the freedom and choice to decide
on their own whether they desire to commit their property to landmark status
with the accompanying restrictions. It is absolutely essential that if historic
preservation is to be successful in a small community like the Village of
LeRoy that its citizens and homeowners believe that they are not being coerced
into participating in a historic preservation law against their will. There
can be no community-wide support if property owners are relinquishing control
of sacred property rights without their consent.
No person shall carry out any exterior alteration, restoration, reconstruction,
demolition, new construction or moving of a landmark or property which has
been formally approved as a landmark within a historic district, nor shall
any person make any material change in the appearance of such property, its
light fixtures, signs, sidewalks, fences, steps, paving or other exterior
elements visible from a public street or alley which affect the appearance
and cohesiveness of the historic district without first obtaining a certificate
of appropriateness from the Historic Preservation Commission.
All work performed pursuant to a certificate of appropriateness issued
under this chapter shall conform to any requirements included therein. It
shall be the duty of the building code enforcement officer to inspect periodically
any such work to assure compliance. In the event work is found that is not
being performed in accordance with the certificate of appropriateness, or
upon notification of such fact by the Historic Preservation Commission, the
Building Code Enforcement Officer shall issue a stop-work order, and all work
shall immediately cease. No further work shall be undertaken on the project
as long as a stop-work order is in effect.
An owner of a property which has been designated a landmark and/or is
within a historic district who did not opt in to the landmark status by signing
a notarized acknowledgment accepting such status shall not have his or her
property designated a landmark. The owner of this property is therefore not
required to conform to the mandatory provisions of this chapter.
The owner of a property which has been proposed as a landmark and/or is within a historic district and who has not opted in shall have his or her application for a building permit referred to the Historic Preservation Commission. The Commission shall within 30 days issue a written opinion which will make recommendations for the building which are consistent with its historic character. The Commission's recommendations shall be of an advisory nature only. Thereafter, the Zoning Code Enforcement Officer must immediately either issue or deny the building permit based solely upon compliance with Chapter
215, Zoning, of the Code of the Village of LeRoy and not the advisory recommendations of the Commission.
Any person aggrieved by a decision of the Historic Preservation Commission
may, within 30 days, file a written application with the Village Board of
Trustees for review of the decision.