Village of Perry, NY
Wyoming County
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Table of Contents
Table of Contents
A. 
For the purposes of this chapter, all words used in the present tense include the future tense. All words used in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the word indicates otherwise. The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual. The word "shall" is mandatory and directory. The word "may" is permissive. The word "used" includes "designed, intended or arranged to be used."
B. 
As used in this chapter, the following terms shall have the meaning indicated:
ACCESSORY DWELLING UNIT
A second dwelling unit either in or added to a one-unit dwelling, or in a separate accessory structure on the same lot as the principal structure, for use as a complete, independent living facility with provision within the accessory dwelling unit for cooking, eating, sanitation, and sleeping. Such a dwelling shall be clearly accessory and incidental to the principal dwelling.
ACCESSORY STRUCTURE
A structure customarily incidental and subordinate to the principal use or building and, except as otherwise provided, located on the same lot therewith.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building and, except as otherwise provided, located on the same lot therewith.
ADULT ENTERTAINMENT
An establishment consisting of, including, or having the characteristics of any or all of the following:
(1) 
An establishment devoted to adult entertainment either with or without a liquor license, presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas. A cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators or similar entertainers for observation by patrons.
(2) 
An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
ADULT RETAIL
An establishment having as a substantial or significant portion of its stock-in-trade instruments, devices, materials or paraphernalia, other than prophylactics, that are designed for use in connection with specified sexual activities, books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
AGRICULTURAL USE
The production, keeping or maintenance of plants and animals, including, but not limited to, forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees, forest products and forestry uses; fruits of all kinds, including grapes, nuts, berries and vegetables.
AIRPORT or AIRCRAFT LANDING FIELD
Any landing area, runway or other facility designed, used, or intended to be used either publicly or privately by any person or persons for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage, tie-down areas, hangers, and other necessary and customarily accessory buildings and open spaces.
ALLEY
Private right-of-way dedicated for the use of pedestrians, vehicles or public utilities as a means of access to abutting property.
ALTERATION
Any change, rearrangement, addition or relocation of a building or structure and any modification in construction or building equipment.
APARTMENT BUILDING
A building arranged, intended or designed to be occupied by three or more families living independently of each other.
APPLICANT
Owner of a parcel on which a development is proposed, and the developer of such parcel.
AREA, FLOOR
The horizontal area of a building as outlined by its exterior main walls, not including uninhabitable basements or cellars, built-in or attached garages, porches or terraces.
ASSEMBLY HALL
A structure for groups of people to gather for an event or regularly scheduled program.
AUCTION BARN
A building, area, or areas within a building used for the public sale of goods, wares, merchandise, or equipment to the highest bidder. This definition excludes therefrom an auction, the principal purpose of which is the sale of livestock or motor vehicles.
AUTOMOTIVE CAR WASH
Mechanical facilities for the washing or waxing of automobile, light trucks, and vans.
AUTOMOTIVE GASOLINE SERVICE STATION
Any area of land, including structures thereon, that is used for the sale of gasoline, oil or other motor vehicle fuel, including a convenience store, provided that the store is an integral part of the gasoline station, excluding towing and automobile service.
AUTOMOTIVE SALES AND SERVICE
A structure or lot for the display, sale, rental, or lease of new or used motor vehicles not including recreational vehicles.
AUTOMOTIVE TOWING/SERVICE
Any area of land, including structures thereon, that is used or designed to be used for the maintenance, servicing, repair or painting of vehicles, rebuilding engines or transmissions, bodywork, framework, or welding.
AUTOMOTIVE VEHICLE CHARGING STATION
A location that contains the equipment that supplies electric energy for the recharging of electric vehicles.
BASEMENT
A story partly below grade but having at least 1/2 of its height (measured from floor to ceiling) above the average adjoining grade. (See "cellar.")
BED-AND-BREAKFAST
A building containing a single operator-occupied dwelling unit in which at least one, but not more than five, sleeping rooms are provided by the owner for compensation, for the accommodation of transient guests with no more than one meal served daily and the entire service is to be included in one stated price.
BLANK WALL
A wall without fenestration.
BUFFER
A horizontal, landscaped distance between certain uses intended to preserve vegetation, reduce noise and glare, or maintain privacy. (See "screen.")
BUILD-TO LINE
The front lot line.
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or property.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roots, to the deckline of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING LINE
A line generally parallel to the street line located a sufficient distance therefrom to provide for required yards, and between such line and the street line no building shall be located.
BUILDING MATERIALS SUPPLY
An establishment engaged in selling lumber and a general line of building materials and hardware to the public. This definition includes only those uses in the following NAICS group(s): 4441 Building Materials and Supplies Dealer (Retail).
BUILDING PERMIT
A certificate issued by the County Building Department permitting the construction, reconstruction, remodeling, alteration or repair of a building after review and approval of the submitted plans for said building.
BUILDING, DETACHED
A building surrounded by open space on the same lot.
BUILDING, PRINCIPAL
A building in which the main or principal use of the lot is conducted. On farms, the dwelling shall be considered the principal building.
CAMP
Any area of land on which are located two or more cabins, tents, recreational vehicles, shelters, or other accommodations of a design or character suitable for seasonal or other temporary living purposes.
CAMPING GROUND
A parcel of land used or intended to be used, let, or rented for occupancy by campers or for occupancy by or of recreational vehicles, tents, or movable temporary dwellings, rooms, or sleeping quarters of any kind.
CELLAR
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories. (See "basement.")
CEMETERY
Land used or intended to be used for the burial of deceased human beings and dedicated for cemetery purposes.
CLINIC
An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, other healthcare professionals, or similar professions.
CLUB, PRIVATE
A nonprofit social organization whose premises are restricted to its members and their guests.
CONTRACTOR'S YARD
A building or area of land where a person, firm or corporation engaged in business or a related field stores materials, equipment and supplies used exclusively in business.
CURB LEVEL
The officially established grade of the curb in front of the midpoint of the lot.
DAY-CARE CENTER
Any place, including an occupied residence, used for the supervision and care of preschool children for periods of less than 24 hours per day and in accordance with any appropriate state requirements.
DRIVE-THROUGH USE
Any commercial or business activity which incorporates as a principal or accessory feature a service window, booth or other like arrangement on the exterior of the building or structure designed primarily for drive-through or carry-out service.
DWELLING
A building designated or used exclusively as the living quarters for one or more families.
DWELLING UNIT
A dwelling or portion thereof providing complete living facilities, and which meets the standards of this chapter and the Uniform Fire Prevention and Building Code as may be hereafter amended.
DWELLING, MULTIUNIT
A building containing three or more dwelling units with shared or individual entrances and shared or individual other essential facilities and services.
DWELLING, SINGLE-UNIT
A building containing one dwelling unit.
DWELLING, TWO-UNIT
A building containing two dwelling units.
ENCLOSURE WALL
Wall, gate or door or any combination of these separating private property from public property or easement.
EXPRESSION LINE
Horizontal line or lines, running the length of the facade represented by a materials change or continuous setback no more than 12 inches in depth or six inches in projection.
FAMILY
A household consisting of a single housekeeping unit occupied by one or more persons.
FARM
A single parcel of land 10 acres or more in size on which an owner or tenant carries on agricultural or dairying pursuits or the raising of livestock or poultry or the keeping of bees for gain.
FARM BUILDING
Any building used for the housing of agricultural equipment, produce, livestock, or poultry, or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with, and necessary to the operation of the farm. The term "farm building" shall not include "farm dwelling."
FARM EQUIPMENT SALES AND SERVICE
Establishments selling, renting, or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching.
FENCE
A living hedge or an artificially constructed barrier of wood, masonry, stone, wire, metal, or any other manufactured material or combination of materials erected for the enclosure of yard areas.
FENESTRATION
Windows, doors, openings, openwork gates.
FINANCIAL INSTITUTION
An establishment where the principal businesses is the receipt, disbursement or exchange of funds and currencies.
FLEA MARKET
An occasional or periodic market held in an open area or structure where goods are offered for sale to the general public by individual sellers from open or semi-open facilities or temporary structures. This definition excludes therefrom a market, the principal purpose of which is the sale of livestock or motor vehicles.
FLOODPLAIN
That portion of land lying within an area subject to periodic flooding, as defined by the one-hundred-year flood elevation.
FUNERAL HOME
A building used for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation.
GAME MACHINE
Any amusement machine or device operated by means of the insertion of a coin or token for the purpose of amusement or skill.
GAME ROOM
Any establishment, room or place where more than four game machines are available to the public.
GARAGE, PRIVATE
An enclosed structure accessory to a principal building for the purpose of storing motor vehicles and/or items incidental to the main building.
GARAGE, REPAIR
Any garage, other than a private garage or gasoline service station, which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
GASOLINE STATION
A place where gasoline, oil, grease, batteries, tires, motor vehicle accessories, etc., may be supplied and dispensed at retail and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including painting.
GOVERNMENT FACILITIES
Services traditionally provided by local government, including water and sewer, roads, parks, public utilities, libraries, and police and fire.
GRADE, FINISHED
The completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs related thereto.
GREENHOUSE or NURSERY
An establishment for the growth, display, and/or sale of plants, shrubs, trees, and materials used in indoor or outdoor planting, conducted within or without an enclosed building.
GROUP DEVELOPMENT
A group of two or more (detached) dwellings located on the same lot, having any yard or open space in common, and planned as a single, integrated development.
GROUP HOME
A use, structured as a single housekeeping unit and in accordance with all appropriate state regulations, providing supervision and support in a family-like setting for persons who, by reason of mental or physical disability, addiction to drugs or alcohol, or family and school adjustment problems, require specialized attention and care in order to achieve personal independence.
HABITABLE SPACE
Building space, the use of which involves human presence within view of the public pedestrian space.
HOME OCCUPATION
An accessory use of a dwelling unit or accessory structure for gainful employment involving the manufacture, provision, or sale of goods and/or services.
HOSPITAL
An establishment providing physical or mental health services, inpatient or overnight accommodations, and medical or surgical care of the sick or injured. Includes sanitariums.
HOSPITAL, ANIMAL
An establishment for the medical and/or surgical care of animals.
HOTEL or MOTEL
A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building.
HOUSEKEEPING UNIT
Persons living together and occupying a separate building or dwelling unit in a family-like living arrangement as the functional and factual equivalent of a natural family and who use all rooms and housekeeping facilities in common.
INCIDENTAL, CUSTOMARILY
For purposes of the definitions of "accessory use" and "accessory structure," a structure or use which commonly accompanies or is associated with the type of principal land use that is located on the same property. For purposes of this chapter, the term "incidental" means the accessory use or accessory structure is minor or subordinate to the principal land use.
INDUSTRY, LIGHT
An establishment engaged in the assembly, packaging, storage and, distribution of products from finished products or parts and the small-scale production of artisan and/or custom products.
JUNKYARD
Any place of storage or deposit, whether in connection with another business or not, where two or more unregistered, old or secondhand motor vehicles no longer intended or in condition for legal use on the public highways are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other purpose. Such term shall include any place of storage or deposit for any such purposes of used parts or waste materials from motor vehicles which, taken together, equal in bulk two or more such vehicles; provided, however, that the term "junkyard" shall not be construed to mean an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal produce is scrap iron, steel or nonferrous scrap for sale for remelting purposes only.
KENNEL
Any place in or at which any number of dogs are kept for the purpose of sale or in connection with boarding care or breeding, for which any fee is charged. The facility may be used for overnight boarding.
LAUNDROMAT
A business premises equipped with individual clothes washing and/or drying machines for use by retail customers, which may include provisions to accept clothing for off-site dry cleaning, exclusive of any laundry facilities provided as an accessory use in a multifamily dwelling.
LAUNDRY AND DRYCLEANING PLANTS
A building, portion of a building, or premises used or intended to be used for cleaning fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersion only, in volatile solvents including, but not by way of limitation, solvents of the petroleum distillate type, and/or the chlorinated hydrocarbon type, and the processes incidental thereto.
LIVE-WORK UNIT
A lot that contains a dwelling unit and one or more business or commercial uses in a single building.
LOT
A parcel of land occupied or capable of being occupied by a building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter.
LOT AREA
An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right-of-way shall not be included in calculating lot area.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines.
LOT LINE
Any line dividing one lot from another.
LOT WIDTH
The distance between the side lot lines measured along the required front setback line.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting streets.
LOT, INTERIOR
A lot other than a corner lot.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately parallel streets.
MACHINE OR TOOL SALES, SERVICE OR RENTAL
An establishment that repairs, services, sells or rents machines or tools.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term shall include any structure that meets all of the requirements of Article 21-B of the Executive Law of New York State except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code. The definition of "manufactured home" shall not include self-propelled recreational vehicles, travel trailers, or modular structures. If built prior to 1976, a manufactured home is referred to as a "mobile home." All regulations referring to manufactured homes shall be equally applied to mobile homes.
MANUFACTURING, LIGHT
Industrial uses such as manufacturing, processing and assemblage that are of a nonpolluting nature, particularly in regard to reservoir and groundwater resources, noise and air quality.
MOBILE HOME
A transportable single-family dwelling which may be towed on its own running gear, which is intended for permanent occupancy, which is constructed so that it may be used with or without a permanent foundation, and which is basically complete and ready for occupancy.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned for the placement of mobile homes, appurtenant structures or additions.
NONCONFORMING BUILDING OR USE
A building, structure or use of land lawfully existing at the time of enactment or amendment of this chapter and which does not conform to the regulations of the district or zone in which it is situated.
NONCONFORMING LOT
A lot of record existing at the date of the passage or amendment of this chapter which does not have the minimum width or contain the minimum area for the zone in which it is located.
NURSERY
The land and buildings used for the raising and sale of plants, trees and shrubs.
NURSERY SCHOOL
A school designed to provide daytime care or instruction for two or more children and operated on a regular basis.
NURSING HOME
An establishment which provides full-time convalescent or chronic care for three or more individuals not related to the operator. Care for the acutely ill or surgical or obstetrical services shall not be construed to be included in this definition.
OFF-ROAD VEHICLE
An unlicensed motorized vehicle, including but not necessarily limited to snowmobiles, trail bikes and multiwheeled all-terrain vehicles.
OFFICE PARK
A development that contains a number of separate office buildings, supporting uses, and open space designed, planned, constructed, and managed on an integrated and coordinated basis.
PARKING STRUCTURE
A structure designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. This definition includes parking garages, deck parking, and underground or under-building parking areas.
PERSONAL SERVICE SHOP
An establishment or place of business primarily engaged in the provision of frequent or recurrent needed services of a personal nature.
PET DAYCARE
A facility for the daily observation and care of dogs, cats, or other household pets, but not including farm animals or livestock, which may provide ancillary services such as grooming and training. The facility may be operated for profit and may not offer overnight stays.
PLANNING BOARD
The Planning Board of the Village of Perry.
PRINT SHOP
An establishment in which the principal business consists of duplicating and printing services using photocopy, blueprint, or offset printing equipment, including publishing, binding, and engraving.
QUARRY, SAND PIT or GRAVEL PIT
See § 490-55, Excavations and topsoil removal, of this chapter.
RECREATION, INDOOR
A business and/or club which for compensation and/or dues offers indoor recreational services.
RECREATIONAL VEHICLE
A vehicle or a unit that is mounted on or drawn by another vehicle primarily designed for temporary living. "Recreational vehicle" includes travel trailers, camping trailers, truck campers, and motor homes. Residential use of recreational vehicles shall be limited to campgrounds.
RELIGIOUS ASSEMBLY
A place for public worship, including, but not limited to, a church, synagogue or mosque.
RESIDENTIAL AREA
An area with a density of four or more dwelling units and/or residential buildable lots of record per 1,000 linear feet of street, lying within a circle having a radius of 1,500 feet circumscribed around the center of the proposed use, and including the frontages along all existing streets, including those in filed subdivisions.
RESTAURANT
Any establishment, however designated, at which food is sold for consumption to patrons seated within an enclosed building or otherwise on the premises.
RESTAURANT, FAST FOOD
An establishment where food and/or beverages are sold in a form ready for consumption and where, by design or packaging techniques, all or a significant portion of the consumption can or does take place outside the confines of the building.
RETAIL
A business or commercial use or activity involving primarily the sale or merchandise to the public which may include some fabrication on premises of merchandise/materials that are sold on the premises.
RIDING ACADEMY
Any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.
RIGHT-OF-WAY
Land set aside for use as a street, alley, or other means of travel.
ROADSIDE STAND
A use, with or without a structure, that is accessory to a principal use, not for year-round use and at which agricultural produce is offered for sale to the general public.
SCREEN
A vertical barrier within a buffer designed to block visual or noise impacts. (See "buffer.")
SIGN
See § 490-72, Sign regulations, of this chapter.
SITE PLAN
A plan of a lot on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board.
SOLAR ENERGY SYSTEM
An arrangement or combination of components and structures designed to provide heating, cooling, hot water or electricity through the process of collecting, converting, storing, protecting against unnecessary dissipation and distributing solar energy.
SOLAR SKYSPACE
The space between a solar collector and the sun which must be free of obstructions for a solar energy system's effective operation.
STABLE
A building or part of a building used to house horses or cattle.
STORY
That portion of a building included between the surface or any floor and the ceiling above it.
STREET
A public or private way which affords the principal means of access to abutting properties, as approved by the Village Board.
STREET LINE
A common property line separating a public street from abutting properties.
STREETSCAPE
The area within a street right-of-way that contains sidewalks, street furniture, landscaping or trees.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
SWIMMING POOL, PRIVATE
A swimming pool operated as a secondary use to a residential dwelling unit or units and located on an individual residential lot.
SWIMMING POOL, PUBLIC
A public or privately owned pool open to the general public or on a membership basis and having appropriate dressing room facilities, recreation facilities, and off-street parking area.
THEATER, INDOOR
A building or part of a building devoted to the showing of moving pictures or theatrical productions on a paid admission basis.
THEATER, OUTDOOR DRIVE-IN
An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions on a paid admission basis to patrons seated in automobiles or on outdoor seats.
TOURIST HOME
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation, including bed-and-breakfast establishments.
TRUCK TERMINAL
Any premises used by a motor freight company as a carrier of goods, which is the origin or destination point of goods being transported, for the purpose of storing, transferring loading, and unloading goods.
USE
The specific purpose for which land or a building is designated, arranged or intended or for which it may be occupied or maintained.
USE, ACCESSORY
See "accessory use."
USE, ADULT
See § 490-73 of this chapter.
UTILITY FACILITIES, PUBLIC
The use of land for public utility purposes by an entity providing pipeline, gas, electrical, telephone, telegraph, water, or sewage service. "Public utility" also includes the use of land for utility purposes, whether or not owned, controlled, or operated by a public entity, whose services are performed for or commodities delivered to the public or any portion thereof. Private energy production, transmission relay, repeater, translator, radio and television towers and equipment, and cable television facilities are also considered public utilities. "Public utility" does not include airports or television, radio or community television antenna system administration offices, or other types of administrative offices or maintenance yards.
VILLAGE BOARD
The Board of Trustees of the Village of Perry.
WAREHOUSING AND DISTRIBUTION
A structure or structures or business operation in which materials, goods, or equipment are stored and/or held and transported for distribution, including mini-storage and self-storage facilities, excluding retail sales.
YARD
An open space on the same lot with a building or structure.
YARD, FRONT
An open space on the same lot with a main building, extending the full width of the lot between the street line and the building line.
YARD, LAKESIDE
An open space on the same lot with a main building, extending the full width of the lot between the shoreline and the rear line of the building.
YARD, REAR
An open space on the same lot with a main building, extending the full width of the lot between the rear lot line and the rear line of the building.
YARD, SIDE
An open space on the same lot with the building, situated between the building and the side line of the lot and extending from the front yard to the rear yard.
ZONING BOARD OF APPEALS
The officially established Zoning Board of Appeals of the Village of Perry.
ZONING ENFORCEMENT OFFICER
The officially established Zoning Enforcement Officer for the Village of Perry.
ZONING PERMIT
A permit issued by the Zoning Enforcement Officer stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.