This chapter shall be known and may be cited as the "Zoning
Law of the Village of Perry."
A.
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.
B.
Objectives. The objectives of this chapter are to:
(1)
Plan for the future development and conservation of land within the
Village of Perry, in conformance with the objectives of the Comprehensive
Plan.
(2)
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.
(3)
Preserve and enhance the health and character of the Village center,
residential neighborhoods and surrounding agricultural land.
(4)
Provide adequate open spaces for light, air and outdoor uses, including
solar access.
(5)
Prevent sprawling, uncoordinated development. Assure that the growth
of the community is consonant with the efficient and economical use
of public funds.
(6)
Preserve and protect significant natural features and vegetation,
thereby serving to prevent ecological damage and visual blight.
(7)
Assure that structure and land use arrangements are harmonious with
neighboring areas and structures.
(8)
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:
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R-1
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Residential District - Low Density
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R-2
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Residential District - Medium Density
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R-3
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Residential Multiple Dwelling District
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C-1
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Central Business District
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C-2
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Commercial District
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M-1
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Manufacturing Light Industry District
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L-D
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Lake Development Special District
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RCOZ
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Residential Conversion Overlay Zone
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DDD
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Downtown Development District (Overlay)
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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.
[1]
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:
A.
Where district boundaries are indicated so as to approximately follow
property lines, such property lines shall be construed to be such
boundaries.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.
