The Village Board of Trustees hereby finds that excessive uniformity,
dissimilarity, inappropriateness or poor quality of design in the
exterior appearance of any buildings erected, altered, remodeled or
extended in any neighborhood adversely affects the desirability of
the immediate area and neighboring areas for residential and business
purposes or other purposes and, by so doing, impairs the benefits
of occupancy of existing property in such areas, impairs the stability
and value of both improved and unimproved real property in such areas,
prevents the most appropriate development and use of such areas, produces
degeneration of property in such areas, with attendant deterioration
of conditions affecting the health, safety and general welfare of
the community, and impairs a proper relationship between the taxable
value of real property in such areas and the cost of municipal services
provided therefor. It is the purpose of this article to prevent these
and other harmful effects of such exterior appearance of buildings
and related exterior improvements erected or altered in any neighborhood
so designated for architectural review and thus to promote the health,
safety and general welfare of the community, conserve the value of
the buildings and encourage the most appropriate use of land within
the Village of Spencerport.
The area in which this article applies shall be known as the
"Architectural Review District" or "ARD." The Architectural Review
District shall consist of the following areas of the Village of Spencerport:
B Districts: commercial
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C Districts: industrial
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The following provisions are applicable for violations of this
article:
A. Criminal remedy. Failure to comply with any of the provisions of
this article shall be deemed a violation, and the violator shall be
liable for a fine of not less than $100 nor more than $250 for each
day the violation continues.
B. Civil remedy. Any person whose violations of this article result
in changes to a property which violate the terms and conditions of
a certificate of appropriateness, or in the absence of a certificate
of appropriateness, shall be required to restore the property and
its site to its appearance prior to the violation. Any action to enforce
this subsection shall be in addition to, and not in lieu of, any criminal
prosecution and penalty.
By authority of Municipal Home Rule Law § 10, Subdivision
1, Paragraph (ii), Subparagraph e, Clause (3), this article shall
supersede any inconsistent provisions of the New York State Village
Law § 7-712-a, Subdivision 4, pertaining to the voting requirements
by the Zoning Board of Appeals. Such supersession shall apply only
to appeals reviewed under this article.