Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Village of Perry, NY
Wyoming County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
A. 
Purpose. The purpose of this section of this chapter is to provide for both general and specific standards and requirements for site design and development and shall be applicable to all commercial, industrial, mixed-use, multifamily, institutional, and government land uses and development.
B. 
Intent. The aim is to require and encourage the most efficient and effective means of site design and development. These requirements are intended to protect public health, safety, welfare, property values, and natural resources. In addition, these requirements are intended to encourage site design and development that is consistent the general character of the community, neighborhood, and surrounding properties; that will ensure aesthetically pleasing development and site design; and that will enhance and maintain the character of the Village of Perry.
The Planning Board sets forth the following sustainable development objectives to encourage and require environmentally sensitive and sustainable site design and development. These objectives are applicable to all existing properties and proposed site designs and developments subject to the requirements of this section of this chapter.
A. 
Energy-efficient design. The Planning Board encourages all applicants to provide site designs for any development that encourage energy-efficient designs, and patterns of development, including but not limited to:
(1) 
Passive solar energy techniques that maximize solar heat gain and minimize heat loss during the various seasons.
(2) 
Renewable energy sources for heating, cooling, and electrical.
(3) 
Site design techniques, such as building orientation, street and lot layout, vegetation, natural and man-made topographical features, and solar access.
B. 
Low-impact development (and design). In order to minimize the negative impacts of development on the environment, this chapter requires that all proposed developments, including municipal developments, implement low-impact development (LID) practices and techniques as the standard approach to site design and development. Low-impact development is an ecologically friendly approach to site development and stormwater management that integrates site design and planning techniques to mitigate development impacts to land, water, and air. Such practices include conservation measures, reduced impervious coverage, and the use of landscape design and features to reduce and cleanse runoff. If LID practices and techniques cannot be utilized, the burden is on the applicant to demonstrate why LID is not feasible. The Planning Board may approve a site plan that utilizes LID, partially utilizes LID, or does not utilize LID in cases where the application has demonstrated that LID is not feasible.
C. 
Performance standards. All uses shall be operated as to comply with the performance standards described in this section below, and shall also be so constructed, maintained and operated as not to be injurious to the use and/or occupation of the adjacent premises by reason of noise, vibration, radiation, fire and explosive hazard, or glare.
(1) 
Smoke, dust, particulate matter, toxic or noxious waste materials. All uses shall be so operated as to not create a nuisance with off-site emissions of smoke, dust, particulate matter, toxic or noxious materials.
(2) 
Noise. No noise which is objectionable due to intensity, intermittence, beat frequency or shrillness shall be transmitted outside the property where it originates. An exception may be provided for farm implements, farm animals, time signals, fire, police or ambulance sirens, the noise customarily involved in the use of home implements and the construction or demolition of buildings and other structures, and aircraft operations in accordance with federal guidelines.
(3) 
Vibrations. No use shall be operated so as to produce ground vibration, noticeable without instruments, at the lot line of the premises on which the use is located.
(4) 
Electromagnetic interference. No use, activity or process shall be conducted which produces electromagnetic interference with normal radio or television reception in any residential or commercial district.
(5) 
Fire and explosion hazards. Each use shall be operated so as to minimize the danger from fire and explosion and to comply with the regulations contained in the building code, all applicable fire prevention codes and any other ordinance.
(6) 
Humidity, heat, or glare. In the industrial zones any activity producing humidity in the form of steam or moist air, or producing heat or glare, shall be carried on in such a manner that steam, humidity, heat or glare is not perceptible at any lot line.
D. 
Infrastructure and utilities. Roads shall conform to the applicable section of the subdivision regulations of the Village of Perry except that the Planning Board may allow modified width of pavement and curbs when low-impact development techniques are utilized and upon recommendation of a consulting engineer. All utilities shall be located underground.
A. 
Landscape design standards and requirements. These landscaping regulations are adopted for the purpose of protecting public health, safety, welfare, and property values by preserving existing vegetation and planting of new materials; providing privacy from visual intrusion, light, dirt, and noise; preventing the erosion of soil; providing water recharge areas; and improving the quality of the environment and attractiveness of the Village of Perry. This section shall apply to all properties in all districts, but shall not apply to single-family or duplex residential uses.
(1) 
Landscape area requirements.
(a) 
All lots shall provide landscaped areas on the site.
(b) 
A landscape plan shall be submitted with any applications for new construction, or alterations to the size of existing buildings, parking, loading, and driveway areas, or a change in use that will expand the size of the building or parking, loading, and driveway areas.
(c) 
Landscape plans and designs shall include a planting list, with plant names, quantities, size at planting, and size when mature. Typical sections may be shown. Existing planting shall be identified on the plan.
(d) 
All landscape designs shall be sensitive to the character of the surrounding properties and area and shall use native species. Invasive species shall be prohibited as part of any landscape plan.
(e) 
The burden is on the applicant to demonstrate that the landscape design meet both the purpose and minimum requirements of landscape areas.
(2) 
Perimeter landscape area requirements.
(a) 
Front/side/rear yards. Any lot subject to site plan review shall provide an ornamental landscaped area along perimeter of the property. The landscaped area shall be design with, but not limited to, a combination of grass, shrubs, flower, shade trees and other vegetative materials skillfully designed to provide a visual landscaped buffer between adjacent properties, to enhance the aesthetic appeal of the property, and to enhance general characteristics of the district.
[1] 
The landscaped area shall be designed at a minimum of 10 feet to 25 feet in width. The burden is on the applicant to demonstrate the acceptability of the depth, between 10 feet and 25 feet, based on the proposed use, adjacent uses, topography, existing vegetation, or density of planting to provide adequate screening between properties and an aesthetically pleasing design.
(b) 
Landscape buffer requirements. [NOTE: See also § 490-50, Downtown Development District.]
[1] 
Aesthetically pleasing landscaped buffers shall be provided to ensure adequate distance and screening between incompatible zoning districts and/or between conflicting uses, to minimize the negative effects of proximity.
[a] 
Such buffers shall be between 10 feet and 50 feet in depth. The landscaped buffer area shall be designed with due consideration for the character of districts and uses, and for the density and intensity of techniques and materials needed to provide adequate, aesthetically pleasing, year-round screening.
[2] 
The shallower or greater the depth of the buffer area shall be proportionate to both the incompatibility of the districts and uses and the intensity and density of techniques and materials implemented in the design of the landscape buffer. The more incompatible the district and use, the greater the depth and/or intensity and density of landscape buffer design shall be demonstrated.
[3] 
The burden is on the applicant to demonstrate that the landscape buffer is adequately designed and achieves the objectives outlined above, and that due consideration was given to the potential negative impacts of noise, light, dust, vibrations, hours of operation, and aesthetics.
(c) 
Completion of landscaping. All landscaping shown on the approved plan shall be completed before issuance of a certificate of occupancy, or a bond in a form and amount satisfactory to the Planning Board assuring completion within a specific time (not to exceed one year) shall be filed with the Planning Board. Such bond shall be forfeited if the work shall not have been completed within such time limit.
This section is intended to control the number, size, location, and screening of refuse storage areas in order to protect the public health, safety and general welfare.
A. 
Requirements.
(1) 
Refuse storage facilities shall be located in such a manner as be inconspicuous to the general public and neighboring properties.
(2) 
Refuse storage areas shall be designed on an eight-inch-thick concrete pad and shall be enclosed and screened from view with fencing, wall, hedge/shrubs, or other suitable means demonstrated by the applicant.
(3) 
Refuse storage areas shall be easily accessible for service vehicles and building occupants and shall not interfere with required parking spaces or circulation on and of the site.
(4) 
No refuse storage area shall be located in the required front yard or within 10 feet of any property line.
Outdoor storage may be permitted in nonresidential zones under the following conditions:
A. 
Materials.
(1) 
All outdoor bulk storage items, including recyclable materials, shall be fully enclosed within approved storage containers.
(2) 
No outside storage materials shall be permitted that will attract animals or insects.
(3) 
No perishable merchandise shall be stored outdoors.
B. 
Location.
(1) 
The location of all structures to be utilized for outdoor storage shall have been designated on an approved site plan as outdoor storage.
(2) 
No outdoor storage shall be allowed in the required front, side, or rear yard setbacks, or buffer areas and shall be screened so as not to be visible from any street.
(3) 
No outdoor storage shall be allowed such as will reduce the amount of parking required for the site.
(4) 
Maximum height of stored material shall be six feet.
C. 
Industrial zones.
(1) 
All areas for outdoor storage of vehicles or materials shall be located to the rear of the principal building and shall be screened so as not to be visible from any street. Box trailers are permitted.
(2) 
Vehicles (or box trailers) shall not be stacked and storage of materials shall not exceed a maximum height of 25 feet.
A. 
Storage in front or side yards.
(1) 
No required front yard or side yard in any district shall be used for the storage of any vehicles or for the storage of any parts or equipment for making repairs to any kind of vehicles.
(2) 
No required front yard or side yard in any district shall be used for the storage of any travel trailers, recreational vehicles, boats or boat trailers or snowmobiles, ATVs and associated trailers.
(3) 
All vehicle storage shall be within existing driveways and be in compliance with clear vision requirements at all times.
B. 
Storage of unregistered and unlicensed motor vehicles and/or parts. In any district, there shall be no outside storage of any unregistered, unlicensed or uninspected motor vehicles for a time period longer than 15 days in any calendar year.
C. 
Outside storage of materials in the C2 and M1 Districts. Items and material for sale or used in fabrication/processing on any site in the C2 and M1 Districts shall be stored within a secure fence that effectively screens such material from the adjoining public roads and any residential uses.
D. 
Storage of boats and other watercraft. In any district, there shall be no outside storage of boats, vessels, or personal watercraft for a period longer than 15 days in any calendar year except as an accessory use where:
(1) 
A trailerable boat, vessel, or personal watercraft is on a suitable trailer that is currently registered and inspected for highway use in New York State; or
(2) 
A trailerable boat, vessel, or personal watercraft is on a suitable trailer, and the trailer is in a roadworthy condition, and the boat, vessel, or personal watercraft is in a seaworthy condition; and
(3) 
The trailerable boat, vessel, or personal watercraft is owned by the occupant of the property.
A. 
Temporary storage unit. A temporary storage unit shall comply with the following conditions:
(1) 
There shall be only one temporary storage unit per residential lot and no more than three temporary storage units per nonresidential lot.
(2) 
A temporary storage unit shall not exceed eight feet in width, 16 feet in length, and 8.5 feet in height in R1, R2, R3 and LD Districts and shall not exceed eight feet in width, 40 feet in length and 8.5 feet in height in C1, C2 and M1 Districts.
(3) 
All temporary storage units must comply with the setbacks for the district in which they are located.
(4) 
The storage of toxic or hazardous material is prohibited.
(5) 
A temporary storage unit shall be located on a permanent impervious surface.
(6) 
A temporary storage unit shall not be located on a street, right-of-way, or sidewalk, nor in a location that blocks or interferes with vehicular and/or pedestrian circulation, and shall comply with all regulations for the purpose of ensuring safe ingress and egress to dwellings, access to utility shut-off valves, and for fire protection.
(7) 
If a temporary storage unit is located on the lot for a period exceeding 30 days, the owner or developer shall obtain a building permit unless otherwise permitted. The building permit may be issued for a period not exceed three months and may be extended one time for not more than one month.
(8) 
All such temporary storage units shall be removed or discontinued within 10 days after the expiration of the permit.
B. 
Temporary bulk waste container. A temporary bulk waste container shall comply with the following conditions:
(1) 
There shall be no more than one temporary bulk waste container on a residential lot and no more than three temporary bulk waste containers on a nonresidential lot.
(2) 
A temporary bulk waste container shall not be used to dispose of toxic or hazardous material.
(3) 
A temporary bulk waste container shall be located only on the lot on which active construction is taking place.
(4) 
A temporary bulk waste container shall not be located on a street, right-of-way, or sidewalk, or in a location that blocks or interferes with vehicular and/or pedestrian circulation, and shall comply with all regulations for the purpose of ensuring safe ingress and egress to dwellings, access to utility shut-off valves, and for fire protection.
(5) 
A temporary bulk waste container shall have a minimum setback of five feet from any property line.
(6) 
A temporary bulk waste container shall be limited to use for construction of the project at the site of such construction and shall be removed from the site within seven days of the end of active construction.
(7) 
If a temporary bulk waste container is located on the lot for a period exceeding 60 days, the owner or developer shall obtain a building permit unless otherwise permitted.
A. 
Merchandise.
(1) 
No perishable items shall be displayed outside, except for roadside stands.
(2) 
No merchandise shall be displayed outdoors that will attract animals or insects.
(3) 
No leaching or goods with broken packaging shall be displayed.
B. 
Location.
(1) 
Any area used for outdoor merchandise display shall have been designated on an approved site plan.
(2) 
No merchandise display shall be allowed if it will reduce the amount of parking required for the site.
(3) 
Displayed merchandise shall not be stacked higher than six feet. Individual display items that are not stacked may exceed six feet: for example, a kayak leaned against the building of an outdoor recreation store.
(4) 
Outdoor merchandise display shall be partially screened from adjacent residential properties. Landscape design, as required in § 490-64, shall incorporate screening techniques to minimize the visual impact of merchandise display on neighboring properties.
(5) 
No outdoor merchandise display shall be allowed within the front yard setback with the following exceptions:
(a) 
As part of a permitted roadside stand; or
(b) 
At least 25 feet from the established street line providing the total area in square footage is no more than three times the linear feet of principal road frontage.
The purpose of this section is to encourage lighting practices and systems that minimize the degradation of the night-time visual environment thereby maintaining night-time safety and security while preventing glare, light trespass and light pollution. Outdoor lighting shall include all exterior lighting systems except those associated with the following:
A. 
Exempt light. Outdoor lighting shall include all exterior lighting systems except those associated with the following:
(1) 
Airports.
(2) 
Emergency lighting provided such lighting is temporary and is disconnected immediately upon termination of the emergency condition.
(3) 
Fossil fuel lamps.
(4) 
Temporary holiday lighting provided it is illuminated for less than 90 days per year.
B. 
Lighting design requirements.
(1) 
All exterior lighting systems shall be designed, installed and maintained in such a manner as to minimize or substantially reduce glare at any location on or off the property; and to minimize or substantially reduce light trespass beyond the property lot line, minimize sky illumination, and present an overall appearance that is compatible with the Village of Perry's rural character. All searchlights are prohibited except where provided for elsewhere in this chapter.
(2) 
All outdoor lighting on residential lots shall be designed and maintained so as to prevent glare and/or light trespass onto adjacent properties.
(3) 
All outdoor lighting shall be directed to avoid glare outside the property line or boundary, or into the sky.
(4) 
All outdoor lighting which is designed and intended to illuminate buildings or yards shall be arranged so that the lights will not shine into the eyes of any person external to the premises or cause a nuisance or hazard from glare.
(5) 
Poles and standards used for outdoor lighting shall not exceed 20 feet in height. Photometric plans shall be required for all lots providing more than 20 parking spaces, and the Village encourages twelve- to fifteen-foot light poles.
(6) 
Lighting fixtures shall be full cut off with low glare and directed lighting.
(7) 
All nonessential lighting for security purposes shall be turned off after hours.
(8) 
Area illuminators for parking lots, driveways, pedestrian walkways, and yards shall be pole-mounted or building-mounted. Flood lighting shall be avoided except for loading areas. Building-mounted floodlights may be installed where full cut-off luminaires are impractical, provided top and side shields are attached and maintained to prevent light emission above a vertical cut-off angle of 45°.
(9) 
Fixtures shall be designed and mounted such that neither the light source nor the lens are visible from above a height of five feet at the property lot line. Luminaires with sag lens or drop lens shall be shielded.
(10) 
Recessed low-intensity up-lights, well lights, louvered lights, and cone lights may be used for landscaping purposes only.
(11) 
The Planning Board may approve a height greater than 20 feet for sports area luminaires provided the luminaires are designed, located and directed to prevent glare and light trespass.
(12) 
Temporary events shall be exempt from the luminaire height and cut-off requirements of this chapter provided a zoning permit has been granted for the event and the illumination system will be used only during the temporary event.
(13) 
The Zoning Enforcement Officer may approve temporary floodlights higher than 20 feet at a construction site for which a zoning permit has been issued, provided the luminaires are designed, located and directed to prevent glare and light trespass.
(14) 
Externally illuminated signs shall be down-lighted.
A. 
General provisions.
(1) 
Off-street parking, loading and stacking facilities, as hereinafter specified, shall be provided as a condition precedent to the occupancy of all buildings:
(a) 
Whenever a new building is constructed or a new use is established.
(b) 
Whenever an existing building is altered and there is an increase in the number of building units, seating capacity or floor area of the building.
(c) 
Whenever an existing building is changed to more intensive use requiring more off-street parking, loading or stacking facilities.
(2) 
Continuation of facilities. Required off-street parking, loading and stacking facilities in existence on the effective date of this chapter shall be continued and maintained in operation and shall not be reduced below the requirements of this chapter during the period that the principal use is maintained.
(3) 
Units of measurement.
(a) 
Employees. Whenever parking requirements are based on the number of employees, it shall mean the maximum number of employees on duty in the premises at one time or any two successive shifts, whichever is greater.
(b) 
Net floor area. The total floor area less permanent concourses, stair halls, lobbies, elevator shafts, areas permanently devoted to warehousing and rooms housing equipment servicing the entire building.
(c) 
Fractional requirements. When units of measurement used in computing the number of required off-street parking, loading and stacking spaces result in the requirement of a fractional space, the nearest whole number of off-street parking spaces shall be required.
B. 
Minimum parking requirements. The following table is intended as a guideline that the applicants can utilize to propose the appropriate number of parking spaces. The Planning Board will have the ultimate authority to determine the appropriate number after consultation with the applicant.
Use
Parking Spaces
Dwellings
Single-family or two-family dwelling
1 to 2 spaces for each dwelling unit
Multifamily dwelling
1 to 2 spaces for each dwelling unit
Hotel, motel or tourist home
1 space per guest room and conference unit plus 1 space per 5 seats for restaurant bar area
Institutional Uses
Hospital
1.5 spaces for each bed
Places of Assembly
School
1 space for each classroom plus 1 space for each 5 seats in the auditorium or stadium, whichever is greater
Church, principal or accessory auditorium, theater, stadium or sports arena
1 space for each 6 seats
Library, museum or art gallery
1 space for each 500 square feet of gross floor area
Dance hall or studio, skating rink or other place of public amusement not otherwise specified
1 space for each 400 square feet of gross floor area
Eating or drinking establishment, principal or accessory
Drive-in type: 1 spaces for each 100 square feet of gross floor area; other types: 2 spaces for each 5 seats
Mortuary or funeral home
3 spaces for each 400 square feet of assembly area
Permanent Recreational Uses
Ice skating, roller rinks and curling clubs
1 space per 400 square feet of gross floor area devoted to activity
Health and swimming clubs and spas
1 space per 400 square feet of gross floor area devoted to activity
Business or Industrial Uses
Furniture, floor covering or appliance store, custom shop or wholesale business
1 space for each 700 square feet of gross floor area
New or used car sales
1 space for each 700 square feet of sales area within a building, but not fewer than 5 spaces for customer parking and 1 space for each 2 employees; such spaces shall be clearly marked and shall not be used for the parking of unregistered motor vehicles
Gasoline station, public garage or repair garage, principal or accessory
3 spaces for each service bay
Shopping center or stores over 20,000 square feet of gross floor area, except as specifically designated below
5 spaces for each 1,000 square feet of gross floor area
Individual retail stores
6 spaces for each 1,000 square feet of gross floor area
Grocery or supermarket
10 spaces for each 1,000 square feet of gross floor area
Doctor or dentist
1 space per 400 gross floor area
Barber and beauty shops
3 spaces per chair
Other business or professional offices
1 space for each 100 square feet of gross floor area
Manufacturing, storage or other industrial floor area
1 space per 800 gross floor area devoted to manufacturing, 1 space per 1,500 gross floor area devoted to storage, 1 space per 3,000 gross floor area devoted to outside storage, equipment rental. For any industrial use, 1 space per company vehicle
All other principal uses not above enumerated or excepted
1 space for each 500 square feet of gross floor area
C. 
Minimum stacking requirements. In addition to minimum parking requirements established in Subsection B above, the following stacking areas shall be required. The minimum size of each space shall be 20 feet in length and nine feet in width.
(1) 
Coin car wash: five spaces per stall.
(2) 
Drive-in bank, accessory to bank office or not accessory to bank office: five spaces per booth, customer facility or service window.
(3) 
Other drive-in facilities: five spaces per booth, customer facility or service window.
D. 
Minimum loading requirements. Loading and unloading facilities shall be provided and maintained as long as such building is occupied or unless equivalent facilities are provided in conformance with the regulations of this section. Minimum loading space shall be 12 feet by 35 feet with a vertical clearance of a minimum of 14 feet. Off-street loading spaces shall be provided as required herein for the following uses:
Use
Gross Floor Area of Single Enterprise Building or per Enterprise Within a Building
(square feet)
Required Number of Spaces
Retail stores and services, all types
Under 5,000
5,000 to 20,000
20,000 to 50,000
50,000 to 100,000
1
2
4
6
Printing, publishing, warehouses, and storage establishments
Under 40,000
40,000 to 100,000
2
4
Manufacturing and processing of products
Under 20,000
20,000 to 40,000
Each additional 25,000
2
4
1
E. 
General requirements.
(1) 
All off-street parking, loading and stacking facilities are subject to site plan review.
(2) 
Open off-street parking shall not be permitted within 10 feet of a street line.
(3) 
No (nonresidential) off-street parking shall be permitted within 10 feet of a lot in any R District.
F. 
Location.
(1) 
Residential districts and uses.
(a) 
Enclosed or open parking facilities as required shall be provided on the same lot as the dwelling unit served.
(2) 
Business and industrial districts. In all business and industrial districts, off-street parking, loading and stacking facilities shall be provided on the same lot as the principal use or, with Planning Board approval, on another lot zoned commercial or industrial, the nearest point of which shall be no greater than 500 feet from the nearest entrance of the building served.
G. 
Modification of requirements.
(1) 
Parking for single and mixed uses. A building occupied by one use shall provide the off-street parking spaces as required for the specific use. A building, or group of buildings, occupied by two or more uses, operating normally during the same hours, shall provide spaces for not less than the sum of the spaces required for each use. For large multiple developments of 200,000 square feet of gross floor area and over, a maximum reduction of one parking space per every 1,000 square feet of gross floor area or 20% of the total spaces required can be permitted. For the purposes of this subsection, a multiple development shall be defined as commercial, industrial or mixed-use establishments or enterprises, or combination thereof, which are located in a single building or in two or more buildings developed as part of a single integrated development.
(2) 
Joint use of parking facilities.
(a) 
Churches, civic clubs, community centers, auditoriums, lodge halls, gymnasiums and stadiums may make arrangements with business establishments which normally have different hours of operation for sharing up to but not more than 50% of their requirements in nearby parking areas which are accessory to such business uses; provided, however, that where there is a sharing of facilities by different owners or tenants, there shall be an agreement covering a period of time, and provided further that, should any of the uses be changed or the facilities discontinued, then the required spaces for the uses remaining shall be provided elsewhere as a condition precedent to the continued use of said building or buildings.
(b) 
Where churches, civic clubs, community centers, auditoriums, lodge halls, gymnasiums and stadiums share parking facilities with nearby business establishments, such parking facilities shall be located within 500 feet from the property line of said use.
The purpose of this section is to protect the public health, welfare and safety by regulating existing and proposed outdoor advertising and outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, and protect the physical appearance of the community. It is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents and to reduce the adverse effects of signage on natural beauty and on the environment in general. No signs shall be erected, altered, moved or used except in conformance with this chapter and then, except for off-premises signs, only as an accessory use. Signs shall be attached to buildings and structures as described herein by methods consistent with the minimum provisions of the New York State Uniform Fire Prevention and Building Code for all applicable building and wind loads.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FACE AREA OF A SIGN
The surface devoted to the conveying of the message, exclusive of the structure to support it, trim and framing device and any appurtenances required by building codes. In the case of open structures not having a solid surface or a sign not otherwise inscribed in a definitive area, the area of the sign shall be taken as the area required to circumscribe all letters and devices exclusive of supports. For double-faced signs where both faces are parallel to or angled from each other by no more than 45°, only one display face shall be measured in determining total sign area. When the faces are angled from each other by greater than 45°, all faces shall be measured in determining the total sign area.
SIGN
A name, identification, description or illustration containing letters, numbers or symbols which is affixed to or painted, represented or installed on any part of a building, structure, vehicle or parcel of land, in view of the general public, and which directs attention to a person, institution, organization, activity, place, object, product or business. The foregoing definition not include a flag or insignia of a country or government.
SIGN, BILLBOARD
A sign having more than 100 square feet of face area.
SIGN, CANOPY
A pedestrian-oriented sign attached to the underside of a permanent canopy, perpendicular to the building frontage.
SIGN, FREESTANDING
A sign resting upon or attached to the ground by means of an integral base or one or more poles or standards. Freestanding signs include both pole signs and ground signs.
SIGN, OFF-PREMISES
Any freestanding sign, as herein defined, not to exceed three square feet in face area and eight feet in height, attracting attention to an object, product, service, place, activity, institution, organization, business or otherwise anything not available or located on the site where the sign is located.
SIGN, PERPENDICULAR
A pedestrian-oriented sign attached perpendicular to the building face.
SIGN, TEMPORARY
A nonilluminated, portable sign constructed of cloth, canvas, light fabric, cardboard, plastic, plywood, wallboard, or other light materials, with or without frames.
SIGN, WALL
Any sign integral with or attached to and parallel to the face of the outside wall of a building.
SIGN, WINDOW
Any sign placed inside or upon a window facing the outside and which is intended to be seen from the exterior.
B. 
General regulations.
(1) 
No sign shall contain flashing, intermittent, rotating or moving lights. Any illuminated sign or lighting devices shall employ only lights emitting a perceived constant intensity not to exceed 50 lumens. A sign illuminated with neon shall only be allowed within the building it serves and shall not project to the exterior of any building. All signs containing electrical wiring shall be subject to the provisions of the National Electrical Code and the electrical components used shall bear the label of an approved testing agency.
(2) 
All illumination for signage must be shielded or shaded so beams and illumination therefrom shall distribute light over the sign surface and shall not be directed upon the public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may cause a traffic hazard or nuisance.
(3) 
No sign shall attempt (or appear to attempt) to direct the movement of traffic or imitate or resemble an official sign or signal device.
(4) 
No sign shall prevent the driver of a vehicle from having a clear and unobstructed view of any official sign or entrance or exit roadway or intersection or approaching or merging traffic.
(5) 
Off-premises signs shall be limited to business directional signs, as regulated herein. Billboard signs are prohibited in the Village of Perry.
(6) 
No signs, except such devices as may be required by the federal aeronautical authorities, shall be placed, inscribed or supported upon or above the highest part of the roofline.
(7) 
Every sign shall at all times be maintained in a neat, safe and structurally sound condition and maintained by replacement of defective or worn parts, painting, repainting and cleaning.
(8) 
(Reserved)
C. 
Signs permitted in all districts, no permit required.
(1) 
One temporary sign with a face area not exceeding four square feet, with the following minimum setbacks, except in a C1 District: five feet from the street line; 10 feet from the side lot lines; and 10 feet from the back lot line. In a C1 District, temporary signs placed on the ground shall be situated on the sidewalk in such a way that does not unreasonably interfere with pedestrian traffic.
(2) 
Official signs, notices or direction devices erected or maintained by federal, state, county, or local government or agency thereof.
(3) 
One sign on the premises for which a building permit has issued, which sign shall not exceed 32 square feet in face area, and shall be removed upon the expiration of the building permit or an extension thereof.
D. 
Signs requiring a permit.
(1) 
The following signs are permitted in an R District:
(a) 
One wall sign with a total face area that does not exceed four square feet, and does not project more than one foot beyond the outside wall of the building.
(2) 
The following signs are permitted in a C1 District, subject to the limitations set forth in Subsection E:
(a) 
Wall signs, not to exceed 30 square feet in face area, not to cover any portion of any windows; not internally lit; not to project above or beyond the ends of the building or its parapet or the highest point of the roof, whichever is higher; and not to project more than one foot beyond the outside wall of the building.
(b) 
Freestanding signs, not to exceed 25 square feet in face area; not internally lit; not to exceed 18 feet in height, nor shall the lowest member, excluding the pole, be less than eight feet from the finished grade of a paved walk, drive or parking area; to be located not less than 50 feet from an adjacent residential lot line; and not to project over any public right-of-way or encroach upon the property of another.
(c) 
Canopy signs, made of fabric and fixed or retractable; having a triangular or curved profile; not to project more than five feet over, or 50% the width of, the sidewalk (whichever is less); not to exceed nine square feet in face area; not internally lit; not to have any members less than eight feet above the finished grade of a paved walk; and not to have a vertical dimension exceeding 12 inches.
(d) 
Perpendicular signs, which shall be constructed of sign board, fiberglass, wood or metal; and not to exceed nine square feet in face area; not internally lit; not to have any members less than eight feet above the finished grade of a paved walk; and not to project horizontally or vertically beyond the building face more than five feet.
(e) 
Window signs, total area not to exceed 35% of each window. Window signs shall not be counted toward the allowable number of signs per § 490-72E.
(3) 
The following signs are permitted in a C2 District; M District and LD District, subject to the limitations set forth in Subsection E:
(a) 
Wall signs, not to exceed 100 square feet in face area; not to project above or beyond the ends of the building or its parapet or the highest point of the roof, whichever is higher; and not to project more than one foot beyond the outside wall of the building.
(b) 
Freestanding signs, not to exceed 25 square feet in face area; not to exceed 15 feet in height, nor shall the lowest member, excluding the pole, be less than eight feet from the finished grade of a paved walk, drive or parking area; to be located not less than 50 feet from an adjacent residential lot line; and not to project over any public right-of-way or encroach upon the property of another.
(c) 
Canopy signs, not to exceed nine square feet in face area; not to have any members less than eight feet above the finished grade of a paved walk; and not to have a vertical dimension exceeding 12 inches.
(d) 
Perpendicular signs, not to exceed nine square feet in face area; not to have any members less than eight feet or more than 12 feet above the finished grade of a paved walk nor shall project horizontally or vertically beyond the building face more than four feet.
(e) 
Window signs, total area not to exceed 35% of each window. Window signs shall not be counted toward the allowable number of signs per § 490-72E.
(4) 
Multiple developments. In addition to regulations set forth above, signage in such multiple developments as shopping plazas, office parks and industrial parks shall exhibit a degree of uniformity so as to impart a sense of unity and harmony to the development. In industrial parks, no pole signs shall be allowed and ground signs shall not exceed four feet in height. In all multiple developments, a coordinated signage plan shall be part of the site plan review process, although the standards for the location, number and size of signs in multiple developments are basically intended to conform to those standards for individual establishments. No owner, tenant or other user of a multiple development, or part thereof, shall erect, permit to be erected or use any sign deviating from or not included in the approved coordinated signage plan. Any new occupants of individual establishments, whether new or existing, shall also abide by the above, obtaining Planning Board approval for any change in signage.
E. 
Schedule for Signs Requiring a Permit in All Districts.
Individual Establishments
Zoning District
Face Area (a)
Number Allowed
Type Allowed (b)
C 1 Districts
1.0
3
FS, W, PD, C
C 2 Districts
1.5
3
FS, W, PD
M Districts
1.0
2
FS, W, PD
LD Districts
1.0
1
FS, PD
R Districts
(a)
1
W
Multiple Developments
Zoning District
Face Area (a)
Number Allowed
Type Allowed (b)
C Districts
(c)
(d)
C, FS, W
M Districts
(c)
(d)
FS, W
Legend:
C - Canopy sign
FS - Freestanding sign
W - Wall sign
PD - Perpendicular sign
NOTES:
(a)
Total maximum face area for all signs (except temporary signs and window signs) in square feet per linear foot of building frontage. [Where no building is involved, or for sites with a building of 100 square feet or less, the above face area factors shall be applied to the linear feet of street frontage (instead of building frontage), with the minimum face area not to exceed 20 square feet.]
(b)
Freestanding signs shall be limited to one sign per individual establishment. Window signs see § 490-72D(2)(e).
(c)
Sign standards shall be determined during the site plan review process and development of a coordinated signage plan. See § 490-72D(3) above.
(d)
Additional signs identifying the name of the multiple development may be permitted at each major entrance to the area. See § 490-72D(3) above.
(e)
Perpendicular signs shall be limited to one sign per establishment and located at the public entrance side of the building which it is located on.
F. 
Sign permit.
(1) 
Application. Application for a sign permit shall be made to the Zoning Enforcement Officer upon prescribed forms and shall contain the following information:
(a) 
Name, address and telephone number of the applicant.
(b) 
Location of building, structure, or land to which, or upon which, the sign is to be erected.
(c) 
Scale drawings including dimensions, construction detail, position of lighting or other extraneous devices, and a location plan showing the position of the sign on any building and its position in relation to nearby buildings, structures or existing signs and to any private or public street or highway.
(d) 
For multiple developments, a coordinated signage plan must be submitted to the Planning Board in addition to the application procedure.
(2) 
Review.
(a) 
The Zoning Enforcement Officer shall review the completed application and, at the Zoning Enforcement Officer's discretion, may refer it to the Planning Board.
(b) 
For multiple developments, the Planning Board shall review coordinated signage plans and approve the locations, sizes and number of permitted signs.
(3) 
Issuance of permit.
(a) 
Upon application approval, the Zoning Enforcement Officer shall issue a sign permit.
(b) 
For multiple developments, Planning Board approval of the coordinated signage plan must be obtained prior to the issuance of any permits.
(4) 
Fee. Application for a sign permit shall be accompanied by a fee as set by the Village Board.
G. 
Maintenance required.
(1) 
General conditions.
(a) 
All signs shall be kept clean and free from all hazards, including faulty wiring and loose fastenings, and shall be maintained at all times. Any sign found unsafe or insecure or that is a menace to the public shall be suitably repaired or removed by the owner.
(b) 
Any sign no longer performing its original function due to vacancy or other change on the premises on which said sign is located shall be painted over by the owner of said premises within 30 days of said condition and removed within one year of said condition. Said removal shall include foundation and supporting structure.
(2) 
Enforcement. In the event of a violation of any of the foregoing general conditions, the Zoning Enforcement Officer shall give written notice to the named owner of the sign and/or the named owner of the land on which the sign is located either to conform or to remove such sign within 30 days of such notice. Upon failure to comply with such notice, the Zoning Enforcement Officer shall revoke the sign permit and may remove or repair such sign, assessing all incurred costs and expenses against the owner. The Zoning Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice.
H. 
Nonconforming signs.
(1) 
Amortization.
(a) 
To avoid hardship, owners shall be allowed to use nonconforming signs permanently affixed to a structure or foundation which have been in existence prior to the effective date of this section until their value is depreciated or for a period of six years, whichever is shorter. All other nonconforming signs shall be removed within six months of this chapter.
(b) 
The Zoning Enforcement Officer shall review and inspect existing signs for their conformance with this section and shall, by registered letter, notify the owners of nonconforming signs of the character of nonconformance. The Zoning Enforcement Officer shall notify the owners of the date on which conformance must be accomplished.
(c) 
The Zoning Enforcement Officer may require the owner of the sign to submit satisfactory proof of the date of erection of the sign.
(d) 
Except as provided in this section, nonconforming signs shall be made to conform to this section or shall be removed.
(2) 
Replacement. A nonconforming sign which is destroyed or which is damaged to an extent in excess of 50% of its original construction shall not be replaced except by a sign which conforms to this chapter.
(3) 
Alteration. Any nonconforming sign which existed on the effective date of this section shall not be enlarged, structurally altered or relocated except in accordance with the provisions of this section.
I. 
Enforcement and appeals. See Article I, §§ 490-7 through 490-8.
A. 
Intent. Buildings and establishments operated as adult uses characteristically result in creating a "skid row" effect on adjoining properties. Accordingly, in order to prevent deteriorating property values, higher crime rates, traffic congestion and depressed neighborhood conditions in the Village of Perry and to promote the health, safety and welfare of area residents, this chapter is intended to restrict adult uses to nonresidential and nonretail business areas and otherwise regulate their operation. Furthermore, since the deleterious impact on the community increases when such uses are concentrated, this chapter also regulates the concentration of such uses.
B. 
Definitions. As used in this section, the following terms shall have the meaning indicated:
ADULT BOOKSTORE
An establishment which has a substantial or significant portion of its stock-in-trade in books, magazines, newspapers, movie films, devices, slides, or other photographic or written reproductions and which excludes minors by reason of age.
ADULT MOTION-PICTURE THEATER
A building or part of a building devoted to the showing of moving pictures on a paid admission basis if such establishment is customarily not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age.
BOTTOMLESS
Any manner of dress in which a person appears with less than completely and opaquely covered human genitals and/or pubic region.
CABARET
A public or private establishment which is licensed to serve food and/or alcoholic beverages which features topless dances and/or bottomless dances, strippers, male or female impersonators or similar entertainers or employees appearing in a bottomless and/or topless manner of dress.
TOPLESS
Any manner of dress in which a female appears with the breast region exposed below a point immediately above the top of the areola.
C. 
Permitted districts. Adult uses shall be permitted in the M-1 District upon issuance of a special permit by the Planning Board.
D. 
Location.
(1) 
Adult uses shall not be located within 500 feet of any residential zone or use, place of worship, school, park or playground.
(2) 
Adult uses shall not be located closer than 1,000 feet to any other adult use.
E. 
Development standards.
(1) 
Buildings shall meet all applicable safety standards of the New York State Uniform Fire Prevention and Building Code, including but not limited to adequate fireproofing of walls, floors, and ceilings, adequate fire escapes and exits, and adequate fireproofing of all book storage areas.
(2) 
All building openings, entries, windows, etc., for adult motion-picture theaters shall be located, covered, or screened in such a manner as to prevent a view into the interior from any public or semipublic area.
(3) 
Advertisements, displays, or other promotional materials shall not be shown or exhibited so as to be visible to the public, from pedestrian sidewalks or walks, or from any public or semipublic area.
(4) 
Site plan review procedures shall be followed as outlined in § 490-84.