[Adopted 9-14-1970 (Ch. 133, Art. II, of the 1976 Code)]
Where a structure is situate within six inches of a street right-of-way
line, the owner of said structure may apply to the Village Board of
Trustees by the filing of a building permit application for a special
permit to allow said owner to resurface the facade of said structure,
provided the contemplated facade shall not encroach within the street
right-of-way more than six inches from said street right-of-way and
the following additional regulations are complied with:
A.
Affixed to said building permit application shall be a complete set
of plans and specifications covering the contemplated facade project,
which said plans and specifications must be in compliance with the
Exterior Rehabilitation Design Objectives of the Village of Lancaster,
New York, as the same may be modified from time to time and copies
of which are on file in the office of the Superintendent of Public
Works and available for inspection during regular business hours.
B.
The owner of said structure shall submit evidence of liability insurance
coverage naming the Village of Lancaster, New York, as an insured
in such amounts as shall be determined by said Village Board of Trustees,
and shall produce evidence of payment of the premium therefor.
C.
Anything to the contrary herein contained notwithstanding, any building
permit issued pursuant to this section shall contain a statement that
only a revocable license for said encroachment is applied for or to
be granted by said Village Board of Trustees and that no claim of
title, easement or other legal claim in and to said street right-of-way
shall be deemed as having been applied for or granted pursuant to
the provisions hereof. In addition, said building permit shall contain
an affirmative declaration by the owner of said structure that said
owner will, within 30 days of demand by said Village Board of Trustees,
remove said encroachment from said street right-of-way.
Where a structure is so situate that the owner of said structure
is unable to construct a canopy without encroaching upon the said
right-of-way line, the owner of said structure may apply to the Village
Board of Trustees by the filing of a building permit application for
a special permit to allow said owner to erect and maintain a canopy
upon said structure, provided the contemplated canopy shall not encroach
within the street right-of-way less than six feet from the curbline
of said street right-of-way and the following additional regulations
are complied with:
A.
Affixed to said building permit application shall be a complete set
of plans and specifications covering the contemplated canopy project,
which said plans and specifications must be in compliance with the
Exterior Rehabilitation Design Objectives of the Village of Lancaster,
New York, as the same may be modified from time to time, and copies
of which are on file in the office of the Superintendent of Public
Works and available for inspection during regular business hours.
B.
The owner of said structure shall submit evidence of liability insurance
coverage naming the Village of Lancaster, New York, as an insured
in such amounts as shall be determined by said Village Board of Trustees
and produce evidence of payment of the premium therefor.
C.
Anything to the contrary herein contained notwithstanding, any building
permit issued pursuant to this section shall contain a statement that
only a revocable license for said encroachment is applied for or to
be granted by said Village Board of Trustees and that no claim of
title, easement or other legal claim in and to said street right-of-way
shall be deemed as having been applied for or granted pursuant to
the provisions hereof. In addition, said building permit shall contain
an affirmative declaration by the owner of said structure that said
owner will, within 30 days of demand by said Village Board of Trustees,
remove said encroachment from said street right-of-way.
D.
No canopy projection shall be installed or maintained less than nine
feet from the top of the sidewalk over which said canopy projects
or more than 10 1/2 feet above said sidewalk level.
E.
Any such canopy projection hereinabove provided for shall comply
with standards of the National Board of Fire Underwriters as the same
may be, from time to time, amended.
[Amended 6-29-1976 by L.L. No. 11-1976]
Any building permit application filed pursuant to this chapter shall be accompanied by a nonrefundable building permit application fee as provided in Chapter 144, Fees, of the Code of the Village of Lancaster.
