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:
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.
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:
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:
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.
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.
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.
FACE AREA OF A SIGN
SIGN
SIGN, BILLBOARD
SIGN, CANOPY
SIGN, FREESTANDING
SIGN, OFF-PREMISES
SIGN, PERPENDICULAR
SIGN, TEMPORARY
SIGN, WALL
SIGN, WINDOW
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
A sign having more than 100 square feet of face area.
A pedestrian-oriented sign attached to the underside of a
permanent canopy, perpendicular to the building frontage.
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.
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.
A pedestrian-oriented sign attached perpendicular to the
building face.
A nonilluminated, portable sign constructed of cloth, canvas,
light fabric, cardboard, plastic, plywood, wallboard, or other light
materials, with or without frames.
Any sign integral with or attached to and parallel to the
face of the outside wall of a building.
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.
(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.
(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.
[Amended 3-15-2021 by L.L. No. 2-2021]
|
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
|
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.
(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.
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.
ADULT BOOKSTORE
ADULT MOTION-PICTURE THEATER
BOTTOMLESS
CABARET
TOPLESS
Definitions. As used in this section, the following terms shall have
the meaning indicated:
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.
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.
Any manner of dress in which a person appears with less than
completely and opaquely covered human genitals and/or pubic region.
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.
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.
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.
