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Village of Perry, NY
Wyoming County
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This chapter shall be known and may be cited as the "Zoning Law of the Village of Perry."
The purpose of this chapter is to promote and protect to the fullest extent permissible the environment of the Village of Perry and its public health, safety, convenience, comfort, and prosperity and the general welfare by regulating the use of buildings, other structures and land, by regulating and restricting the bulk, height, design, lot coverage and location of structures, and by regulating and limiting density and, for the aforesaid purposes, to divide the land within the limits of the Village of Perry into districts of such number and dimensions in accordance with the objectives of the Comprehensive Plan and to provide procedures for the administration and amendment of said chapter.
Objectives. The objectives of this chapter are to:
Plan for the future development and conservation of land within the Village of Perry, in conformance with the objectives of the Comprehensive Plan.
Protect the character and values of agricultural, residential, institutional, public, commercial, industrial and mixed-use land and to ensure orderly and beneficial development within the Village.
Preserve and enhance the health and character of the Village center, residential neighborhoods and surrounding agricultural land.
Provide adequate open spaces for light, air and outdoor uses, including solar access.
Prevent sprawling, uncoordinated development. Assure that the growth of the community is consonant with the efficient and economical use of public funds.
Preserve and protect significant natural features and vegetation, thereby serving to prevent ecological damage and visual blight.
Assure that structure and land use arrangements are harmonious with neighboring areas and structures.
Guide the future development of the Village of Perry so as to bring about the gradual conformity of land and building uses in accordance with the objectives of the Comprehensive Plan.
In their interpretation and application, the provisions of this chapter shall be considered to be minimum requirements to promote and protect public health, safety, comfort, convenience, prosperity and other aspects of the general welfare. Whenever any provision of this chapter is at variance or conflict with any other provisions hereof or any other statute, ordinance or regulation covering any of the same subject matter, the more restrictive provision or the one imposing the higher standard shall govern.
The Village of Perry is hereby divided into the following zoning districts:
Residential District - Low Density
Residential District - Medium Density
Residential Multiple Dwelling District
Central Business District
Commercial District
Manufacturing Light Industry District
Lake Development Special District
Residential Conversion Overlay Zone
Downtown Development District (Overlay)
The location and boundaries of the aforesaid zoning districts are shown on maps titled "Zoning Map, Castile-Perry Planning Area" which with all explanatory matter thereon are hereby incorporated into this chapter.[1] These maps shall be marked "Approved," dated with the approval date and updated as amended by the Zoning Enforcement Officer.
Editor's Note: Said Zoning Map is included as an attachment to this chapter.
Zoning district boundaries are intended to follow property lines or center lines of streets, railroads or streams or to be parallel or perpendicular thereto, unless otherwise located by appropriate reference on the Zoning Map. Where uncertainty exists with respect to the zoning district boundaries as shown on the Zoning Map, the following rules shall apply:
Where district boundaries are indicated so as to approximately follow property lines, such property lines shall be construed to be such boundaries.
Where district boundaries are so indicated that they are approximately parallel to street lines, the location of the district boundary shall be measured from the nearest parallel street line using the graphic scale on the Zoning Map, if no distance is given.
Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map, or in other circumstances not covered above, the Zoning Board of Appeals shall interpret the district boundaries.
Where a district boundary line divides a lot of record at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than 30 feet into the more restricted portion, provided that the lot has frontage on a street in the less restricted district.
Any person aggrieved by any decision of the Zoning Enforcement Officer relative to the provisions of this chapter or the Planning Board may appeal such decision to the Zoning Board of Appeals, as provided in this chapter.
Any person who violates any provision of this chapter or any regulation adopted hereunder is guilty of an offense punishable by a fine not exceeding $350 for the first violation, a minimum of $350 and a maximum of $700 for a second violation within five years, and a minimum of $700 and a maximum of $1,000 for a third or subsequent violation within five years, or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate violation.
Any previously enacted Zoning Regulations of the Village of Perry, and all amendments thereto, are hereby repealed and replaced with this chapter as of the effective date hereof.
This repeal shall not affect or impair any act done, offense committed or right accruing, accrued or acquired or any liability, penalty, forfeiture or punishment incurred prior to the times such repeal took effect, but the same may be enjoined, asserted, enforced, or prosecuted as fully and to the same extent as if such repeal had not been effected.
Should any phrase, clause, or section of this chapter be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other phrase, clause or section of this chapter.
If a court of competent jurisdiction finds the application of any provision of this chapter to any use, land or improvement to be invalid or ineffective in whole, or in part, the effect of such decision shall be limited to the person, property or situation immediately involved in the controversy and the application of any such provision to other persons, property or situations shall not be affected.