Village of Perry, NY
Wyoming County
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Table of Contents
Table of Contents
Any nonconforming lot, use or structure lawfully existing on the effective date of this chapter or subsequent amendment thereto may be continued so long as it remains lawful, subject to the following provisions:
A. 
Intent. It is the intent of this chapter to permit nonconforming uses to continue until they are removed but to minimize any adverse effect on adjoining properties.
B. 
Enlargement. A nonconforming use or structure shall not be enlarged, changed or extended. Notwithstanding the above, a nonconforming mobile home on an individual lot, under a special permit, may be replaced with a newer, larger mobile home; provided, however, that all (single-family) yard requirements of the particular zoning district are met.
C. 
Unsafe structures. Any nonconforming structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.
D. 
Alterations. A nonconforming structure may not be reconstructed or structurally altered to an extent exceeding in aggregate 25% of the gross floor area of said structure, unless the structure shall be changed to a conforming one.
E. 
Restoration. No nonconforming structure damaged by fire or other causes to the extent of more than 50% of its equalized assessed value, as determined by the Town Assessor, shall be repaired or built except in conformity with this chapter.
F. 
Discontinuance. Whenever a nonconforming use has been discontinued for a period of one year, use shall not thereafter be reestablished and any future use shall be in conformity with this chapter.
G. 
Changes. Once changed to a conforming use, no structure or land so changed shall be permitted to revert to a nonconforming use.
H. 
Displacement. No nonconforming use shall be extended to displace a conforming use.
I. 
Moving. Should any structure be moved for any reason for any distance, it shall thereafter conform to the requirements for the district in which it is located after it is moved.
J. 
Existing undersized lots of record.
(1) 
Any recorded lot held in ownership prior to the adoption of this chapter and whose area and/or width and/or depth is less than minimum requirements specified herein for the district may be considered as complying with this chapter and no variance therefor shall be required, provided that:
(a) 
Such lot does not adjoin any other lot or lots held by the same owner, the aggregate area of which lots is equal to or greater than the minimum lot area required for that district.
(b) 
The minimum yard requirements are met.
(2) 
In any district where residences are permitted, such undersized nonconforming lots shall not be used for more than one single-family dwelling.
(3) 
A lot may be subdivided into undersized, nonconforming lots provided that such lots become part of the adjoining properties for the sole purpose of increasing the size of said properties.
All accessory buildings shall observe the same but not lesser yard setbacks as principal buildings, except for the following:
A. 
In any R District, accessory buildings lying wholly within a rear yard may extend not closer than five feet to the side and rear lot line.
B. 
In C and M Districts, accessory buildings lying wholly within a rear yard shall be a minimum of five feet from the side or rear lot line, except that accessory buildings used for business purposes shall be a minimum of 50 feet from any R District boundary.
C. 
In LD Districts, R, C and M uses shall be considered the same as being in the respective R, C or M District with regard to this section.
D. 
In LD Districts, no accessory buildings shall be allowed in lakeside yards.
E. 
On lakeside lots within the LD Districts, any accessory building proposed between the principal building and any right-of-way may be approved by the Zoning Board of Appeals if all other bulk and setback requirements are met and if in the judgment of the Zoning Board of Appeals such approval does not alter neighborhood character.
F. 
In any district, the distance between the main building and the accessory building shall be a minimum of 10 feet.
A. 
Front yard exceptions.
(1) 
Except for Subsection A(2) below, a required front yard need not exceed the average depth of those front yards within a distance of 500 feet on either side of the lot to be developed.
(2) 
To provide for future street widening and for future protection from increased traffic congestion, required front yards for all uses fronting on any state or county highway shall be a minimum of 66 feet.
B. 
Side yard exception for corner lots. On a corner lot where the rear lot line coincides with a side lot line of an adjoining lot, the required width of the exterior side yard shall not be less than the front yard requirement along the street on which the exterior side yard abuts.
C. 
Rear yard exception for through lots. On a through lot where the rear lot line coincides with a street line, a front yard equivalent shall be provided. The rear yard depth requirements in the district regulations shall not apply on that portion of a through lot where a front yard equivalent is required.
D. 
Notwithstanding the above, and due to undersized lots in the LD District, the Zoning Board of Appeals may vary yard requirements for certain additions to principal buildings which, in its judgment, would not violate the intent of this chapter and which would not constitute a reduction to a nonconforming yard.
No sign, fence, wall, hedge, shrub planting or tree foliage which obstructs vision at elevations between three and seven feet above street level shall be placed or maintained within the triangular area formed by two intersecting street lines and a line connecting points thereon 10 feet distant from their point of intersection.
To the fullest extent feasible, building heights and other obstructions to sunlight shall be regulated (on southerly lots) to provide adjoining northerly lots the following level of access to sunlight: sunlight shall be available to rooftop solar collectors for approximately three hours before and three hours past solar noon on November 1 (the east-west limits of skyspace determined by the hours; the lower limit determined by the month).
The following are exceptions to the height limitations in all zones:
A. 
Chimneys, flues, spires and belfries.
B. 
Flagpoles, radio or television antennas, masts or aerials located on a building and extending not more than 20 feet above the roof of such building.
C. 
Elevator or stair bulkheads, roof water tanks, or cooling towers (including enclosures), provided that such structures, in the aggregate, do not occupy more than 10% of the roof area.
D. 
Solar energy systems.
The following temporary uses are permitted in all zones and subject to the following specific regulations and standards. All such uses shall require a zoning permit.
A. 
Carnival or circus.
(1) 
Maximum length of permit shall be 15 days.
(2) 
No structure or equipment shall be located within 500 feet of any residential property line.
B. 
Christmas tree sales.
(1) 
Maximum length of permit for display and open lot sales shall be 45 days.
C. 
Contractor's office and construction equipment sheds.
(1) 
Permitted when incidental to a construction project. The office or shed shall not contain sleeping or cooking accommodations.
(2) 
Maximum length of permit shall be one year.
(3) 
The office or shed shall be removed upon completion of construction project.
D. 
Events of public interest.
(1) 
Events may include but are not limited to outdoor concerts, auctions, and snowmobile events.
E. 
Real estate sales office.
(1) 
Permitted in any district for any new subdivision approved in accordance with Chapter 475, Subdivision of Land, of the Village Code. The office may not contain sleeping or cooking accommodations. A model home may be used as a temporary sales office.
(2) 
Maximum length of permit shall be one year.
(3) 
The office shall be removed upon completion of the development of the subdivision.
F. 
Religious tent meeting.
(1) 
Maximum length of permit shall be 30 days.
(2) 
No structure or equipment shall be located within 500 feet of any residential property line.
G. 
Temporary shelter. When fire or natural disaster has rendered a single-family residence unfit for human habitation, the temporary use of a mobile home located on the single-family lot during rehabilitation of the original residence or construction of a new residence is permitted subject to the following additional regulations:
(1) 
Required water and sanitary facilities must be provided.
(2) 
Maximum length of permit shall be six months, but the Zoning Enforcement Officer may extend the permit for a period or periods not to exceed 60 days in the event of circumstances beyond the control of the owner. Application for the extension shall be made at least 15 days prior to expiration of the original permit.
(3) 
The mobile home shall be removed from the property upon issuance of any occupancy permit for the new or rehabilitated residence.
H. 
Tent theater.
(1) 
Maximum length of permit shall be five months per calendar year.
I. 
Yard sales. A residential property may undertake a maximum of six events of up to three consecutive days each, per year, for garage sales or yard sales run by the occupants of the property and selling household items. Churches and civic organizations are not residential properties and no limits are set.
J. 
Additional regulations. Carnivals, exhibits, tent meetings and events of public interest shall be subjected to the following:
(1) 
Documentation that adequate arrangement for temporary sanitary facilities has been made must be provided.
(2) 
No permanent or temporary lighting shall be installed without an electrical permit and inspection.
(3) 
All uses shall be confined to the dates specified in the permit.
(4) 
Hours of operation shall be confined to those specified in the permit.
(5) 
The site shall be cleared of all debris at the end of the special event and cleared of all temporary structures within 30 days after the closing event. A cash bond for a minimum of $25 and not to exceed $5,000 shall be posted or a signed contract with a disposal firm shall be required as a part of the application for a zoning permit to insure that the premises will be cleared of all debris during and after the event.
(6) 
Public parking for the exclusive use of the facility shall be provided, and a stabilized drive to the parking area shall be maintained. It shall be the responsibility of the applicant to guide traffic to these areas and to prevent patrons from unlawful parking.
(7) 
A cash bond for a minimum of $25 and not to exceed $5,000 shall be posted with the Village Board to insure the repair of any damage resulting to any public right-of-way as a result of the event.
A. 
Maximum height.
(1) 
Used in any district.
(a) 
Front yards: three feet.
(b) 
Rear and side yards: six feet.
(2) 
Eight feet in any yard, subject to Planning Board review.
(3) 
Commercial and industrial uses, subject to Planning Board review.
B. 
Exceptions.
(1) 
Fencing for tennis courts in any district shall not exceed 12 feet.
(2) 
Residential uses in nonresidential districts shall be governed by regulations pertaining to R Districts.
All individual lots shall be graded in a manner which will avoid surface water runoff on adjacent lots and which will:
A. 
Divert water away from buildings;
B. 
Prevent standing water and soil saturation detrimental to structures and lot use;
C. 
Preserve desirable site features;
D. 
Provide grades for safe and convenient access to and around buildings and lots; and
E. 
Conform to the general storm drainage pattern for the area.
To provide visual protection from the storage of equipment and materials (as opposed to material for sale on display), such storage in any district (except for operational farm equipment) shall be within completely enclosed buildings or, if left open to the sky, shall be effectively screened from public view. Screening shall be of sufficient height and density to completely hide the storage from public view. In certain cases fencing may be necessary to supplement landscaping. All screening (fences, landscaping or combinations of each) shall be maintained in such manner as to present a neat and orderly appearance at all times.
Except for licensed junkyards, no outdoor parking or storage of motor vehicles shall be permitted in any district unless such vehicle is licensed and certified to be operated on public streets and fully operational, including all necessary equipment.
A. 
All vehicle stacking areas shall be clearly identified through the use of pavement markings, signs and/or curbing and landscaping features and shall be designed so they do not interfere with safe pedestrian and vehicle circulation on the site or along the public right-of-way.
B. 
The length of stacking areas shall be determined by the maximum length of stacking required to serve vehicles during the facilities' peak hour of operation.
C. 
All drive-in establishment vehicle stacking areas shall be located a minimum of 30 feet from any lot line adjoining a residential or transitional district.
D. 
Any speaker system installed as part of the drive-in establishment shall be located a minimum of 30 feet from any property line adjoining a residential property.