Perry Village City Zoning Code
ARTICLE III
General Regulations
§ 490-15 Nonconforming lots, uses and structures.
[Amended 10-21-2024 by L.L. No. 5-2024]
Any nonconforming lot, use or structure lawfully existing on the effective date of this chapter or subsequent amendment thereto may be continued so long as it remains lawful, subject to the following provisions:
A.
Intent. It is the intent of this chapter to permit nonconforming uses to continue until they are removed but to minimize any adverse effect on adjoining properties.
B.
Enlargement. A nonconforming use or structure shall not be enlarged, changed or extended. Notwithstanding the above, a nonconforming mobile home on an individual lot, under a special permit, may be replaced with a newer, larger mobile home; provided, however, that all (single-family) yard requirements of the particular zoning district are met.
C.
Unsafe structures. Any nonconforming structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.
D.
Alterations. A nonconforming structure may not be reconstructed or structurally altered to an extent exceeding in aggregate 25% of the gross floor area of said structure, unless the structure shall be changed to a conforming one.
E.
Restoration. No nonconforming structure damaged by fire or other causes to the extent of more than 50% of its equalized assessed value, as determined by the Town Assessor, shall be repaired or built except in conformity with this chapter.
F.
Discontinuance. Whenever a nonconforming use has been discontinued for a period of one year, use shall not thereafter be reestablished and any future use shall be in conformity with this chapter.
G.
Changes. Once changed to a conforming use, no structure or land so changed shall be permitted to revert to a nonconforming use.
H.
Displacement. No nonconforming use shall be extended to displace a conforming use.
I.
Moving. Should any structure be moved for any reason for any distance, it shall thereafter conform to the requirements for the district in which it is located after it is moved.
J.
Existing undersized lots of record.
(1)
Any recorded lot held in ownership prior to the adoption of this chapter and whose area and/or width and/or depth is less than minimum requirements specified herein for the district may be considered as complying with this chapter and no variance therefor shall be required, provided that:
(a)
Such lot does not adjoin any other lot or lots held by the same owner, the aggregate area of which lots is equal to or greater than the minimum lot area required for that district.
(b)
The minimum yard requirements are met.
(2)
In any district where residences are permitted, such undersized nonconforming lots shall not be used for more than one single-family dwelling.
(3)
A lot may be subdivided into undersized, nonconforming lots provided that such lots become part of the adjoining properties for the sole purpose of increasing the size of said properties.
K.
Amortization of nonconforming lots, structures, or uses within the C-1 District.
(1)
Amortization of nonconforming lots, uses and structures within the C-1 District. In order to comply with the long-term planning goals and the Village of Perry Zoning Law and Comprehensive Plan, a nonconforming lot, structure or use existing in the C-1 District as defined in this zoning law may be amortized in accordance with any of the following procedures:
(a)
Termination of timeframe. Except as otherwise provided in New York State Law, the Village Zoning Enforcement Officer (hereinafter the "ZEO") may provide for modification or termination of any type of nonconforming lot, use or structure within the C-1 District within a reasonable timeframe as defined herein.
[1]
"Reasonable timeframe." An amortization timeframe as determined by the ZEO shall be deemed a "reasonable timeframe" for the purposes of this section where such timeframe provides the owner of the nonconforming lot, structure, or use sufficient time to recoup their investments made in the nonconforming portion of the subject property. The reasonable timeframe set forth by the ZEO shall be no less than three years.
[2]
Procedure. In providing for such modification or removal, the ZEO shall provide a written notice of the nature of the nonconforming lot, structure, or use to the property owner by first class mail and certified mail, return receipt requested, and such written notice shall provide a reasonable timeframe for the modification or termination of such nonconforming lot, structure, or use. The nonconforming lot, structure, or use shall be modified or terminated, and the property brought into compliance with the Village Zoning Law within the reasonable timeframe provided by the ZEO.
[3]
Appeal. In the event that the property owner disputes either that the nonconforming lot, structure, or use is nonconforming, or that the property, owner does not believe the reasonable timeframe provided by the ZEO is "reasonable," the property owner shall have a right to appeal such determination to the Village Zoning Board of Appeals (hereinafter "ZBA"). Such appeal shall be filed with the ZBA within 62 days of mailing of the written amortization notice from the ZEO. If an appeal is filed with the ZBA, the ZBA shall hold a public fact-finding hearing into the factual circumstances of the subject property. The property owner shall be provided with notice of the public hearing by both first class and certified mail, return receipt requested, and afforded an opportunity to speak at said hearing. Upon conclusion of the public hearing, within 62 days, the ZBA shall make a written determination as to their factual findings and considerations, and state their determination as to what constitutes a reasonable timeframe for modification or termination of the nonconforming lot, structure or use. After such timeframe is established by the ZBA, the nonconforming lot, structure or use shall be modified or terminated in order to comply with the Village Zoning Ordinance and Comprehensive Plan in accordance with the final determination set forth by the ZBA.
[a]
Public hearing determinations. At the public hearing, the ZBA shall make inquiries into the relevant factual circumstances of the subject property to determine both the improvements and investments associated with the modification or termination of the nonconforming lot, structure or use, as well as the reasonable timeframe to allow for the recoupment of the owner's investment in the nonconforming aspect of the lot, structure, or use.
[b]
Determining investments. In determining the investments made to the nonconforming lot, structure or use, the ZBA may consider, in addition to any other factors which it deems relevant, the following: the purchase price of the nonconforming portion of the lot, structure or use; any capital investments or improvements made to the nonconforming portion of the lot, structure or use subsequent to purchase; the appreciation or depreciation of the nonconforming portion of the lot, structure or use subsequent to purchase; the cost to modify or terminate the nonconforming portion of the lot, structure or use, and any other costs or expenses which have been incurred by the property owner. There shall be an affirmative obligation on behalf of the property owner to provide any proof, documentation, or other sufficient verification of any alleged investments, improvements, and expenditures made into the subject property which would warrant an extension or alteration of the reasonable timeframe provided by the ZEO, and the ZBA shall have a right to request any proof, documentation, or other sufficient verification which it deems necessary in order to make a fully informed decision based on the specific facts and circumstances of the subject property. A failure to provide any such corroborating documentation may be held as an adverse inference against the property owner. See Table 1 of this section[1] for reference.
[1]
Editor's Note: See 490 Attachment 4.
[c]
Determining recoupment period. In determining the reasonable timeframe for amortization, the ZEO, or on appeal, the ZBA may consider, in addition to any other factors deemed relevant, the following: capital investments or improvements required to modify or terminate the nonconforming portion of the lot, structure or use; the anticipated timeframe to allow for modification or termination of the nonconforming portion of the lot, structure, or use; the annual gross revenue generated by the subject property; the resale value of the subject property both with and without the nonconforming portion of the lot, structure or use, and any other factors relevant to the property owner's ability to recoup his investments. See Table 2 of this section for reference.
(b)
Transfer of ownership or death.[2] Upon either the transfer of ownership or death of the owner of any nonconforming lot, use or structure, said nonconforming lot, structure or use must be modified or removed in order to comply with the Village Zoning Ordinance.
[2]
Editor's Note: See 490 Attachment 4.
(c)
Public nuisance. The Village Board may provide for the termination of a nonconforming lot, use or structure upon determination that the nonconforming lot as a public nuisance. Any nonconforming lot, structure, or use which causes an unreasonable interference with a right common to the general public, including but not limited to conditions which are dangerous to health, offensive to community moral standards, or unlawfully obstructing the public in the free use of public property, may be deemed a public nuisance by the Village Board and subject to termination of its use by any methods deemed necessary by the Village Board in the interest of public safety.
§ 490-16 Location of accessory buildings.
All accessory buildings shall observe the same but not lesser yard setbacks as principal buildings, except for the following:
A.
In any R District, accessory buildings lying wholly within a rear yard may extend not closer than five feet to the side and rear lot line.
B.
In C and M Districts, accessory buildings lying wholly within a rear yard shall be a minimum of five feet from the side or rear lot line, except that accessory buildings used for business purposes shall be a minimum of 50 feet from any R District boundary.
C.
In LD Districts, R, C and M uses shall be considered the same as being in the respective R, C or M District with regard to this section.
D.
In LD Districts, no accessory buildings shall be allowed in lakeside yards.
E.
On lakeside lots within the LD Districts, any accessory building proposed between the principal building and any right-of-way may be approved by the Zoning Board of Appeals if all other bulk and setback requirements are met and if in the judgment of the Zoning Board of Appeals such approval does not alter neighborhood character.
F.
In any district, the distance between the main building and the accessory building shall be a minimum of 10 feet.
§ 490-17 Exceptions to yard requirements.
A.
Front yard exceptions.
(1)
Except for Subsection A(2) below, a required front yard need not exceed the average depth of those front yards within a distance of 500 feet on either side of the lot to be developed.
(2)
To provide for future street widening and for future protection from increased traffic congestion, required front yards for all uses fronting on any state or county highway shall be a minimum of 66 feet.
B.
Side yard exception for corner lots. On a corner lot where the rear lot line coincides with a side lot line of an adjoining lot, the required width of the exterior side yard shall not be less than the front yard requirement along the street on which the exterior side yard abuts.
C.
Rear yard exception for through lots. On a through lot where the rear lot line coincides with a street line, a front yard equivalent shall be provided. The rear yard depth requirements in the district regulations shall not apply on that portion of a through lot where a front yard equivalent is required.
D.
Notwithstanding the above, and due to undersized lots in the LD District, the Zoning Board of Appeals may vary yard requirements for certain additions to principal buildings which, in its judgment, would not violate the intent of this chapter and which would not constitute a reduction to a nonconforming yard.
§ 490-18 Visibility at intersections.
No sign, fence, wall, hedge, shrub planting or tree foliage which obstructs vision at elevations between three and seven feet above street level shall be placed or maintained within the triangular area formed by two intersecting street lines and a line connecting points thereon 10 feet distant from their point of intersection.
§ 490-19 Solar access.
To the fullest extent feasible, building heights and other obstructions to sunlight shall be regulated (on southerly lots) to provide adjoining northerly lots the following level of access to sunlight: sunlight shall be available to rooftop solar collectors for approximately three hours before and three hours past solar noon on November 1 (the east-west limits of skyspace determined by the hours; the lower limit determined by the month).
§ 490-20 Exceptions to height limitations.
The following are exceptions to the height limitations in all zones:
A.
Chimneys, flues, spires and belfries.
B.
Flagpoles, radio or television antennas, masts or aerials located on a building and extending not more than 20 feet above the roof of such building.
C.
Elevator or stair bulkheads, roof water tanks, or cooling towers (including enclosures), provided that such structures, in the aggregate, do not occupy more than 10% of the roof area.
D.
Solar energy systems.
§ 490-21 Temporary uses.
The following temporary uses are permitted in all zones and subject to the following specific regulations and standards. All such uses shall require a zoning permit.
A.
Carnival or circus.
(1)
Maximum length of permit shall be 15 days.
(2)
No structure or equipment shall be located within 500 feet of any residential property line.
B.
Christmas tree sales.
(1)
Maximum length of permit for display and open lot sales shall be 45 days.
C.
Contractor's office and construction equipment sheds.
(1)
Permitted when incidental to a construction project. The office or shed shall not contain sleeping or cooking accommodations.
(2)
Maximum length of permit shall be one year.
(3)
The office or shed shall be removed upon completion of construction project.
D.
Events of public interest.
(1)
Events may include but are not limited to outdoor concerts, auctions, and snowmobile events.
E.
Real estate sales office.
(1)
Permitted in any district for any new subdivision approved in accordance with Chapter 475, Subdivision of Land, of the Village Code. The office may not contain sleeping or cooking accommodations. A model home may be used as a temporary sales office.
(2)
Maximum length of permit shall be one year.
(3)
The office shall be removed upon completion of the development of the subdivision.
F.
Religious tent meeting.
(1)
Maximum length of permit shall be 30 days.
(2)
No structure or equipment shall be located within 500 feet of any residential property line.
G.
Temporary shelter. When fire or natural disaster has rendered a single-family residence unfit for human habitation, the temporary use of a mobile home located on the single-family lot during rehabilitation of the original residence or construction of a new residence is permitted subject to the following additional regulations:
(1)
Required water and sanitary facilities must be provided.
(2)
Maximum length of permit shall be six months, but the Zoning Enforcement Officer may extend the permit for a period or periods not to exceed 60 days in the event of circumstances beyond the control of the owner. Application for the extension shall be made at least 15 days prior to expiration of the original permit.
(3)
The mobile home shall be removed from the property upon issuance of any occupancy permit for the new or rehabilitated residence.
H.
Tent theater.
(1)
Maximum length of permit shall be five months per calendar year.
I.
Yard sales. A residential property may undertake a maximum of six events of up to three consecutive days each, per year, for garage sales or yard sales run by the occupants of the property and selling household items. Churches and civic organizations are not residential properties and no limits are set.
J.
Additional regulations. Carnivals, exhibits, tent meetings and events of public interest shall be subjected to the following:
(1)
Documentation that adequate arrangement for temporary sanitary facilities has been made must be provided.
(2)
No permanent or temporary lighting shall be installed without an electrical permit and inspection.
(3)
All uses shall be confined to the dates specified in the permit.
(4)
Hours of operation shall be confined to those specified in the permit.
(5)
The site shall be cleared of all debris at the end of the special event and cleared of all temporary structures within 30 days after the closing event. A cash bond for a minimum of $25 and not to exceed $5,000 shall be posted or a signed contract with a disposal firm shall be required as a part of the application for a zoning permit to insure that the premises will be cleared of all debris during and after the event.
(6)
Public parking for the exclusive use of the facility shall be provided, and a stabilized drive to the parking area shall be maintained. It shall be the responsibility of the applicant to guide traffic to these areas and to prevent patrons from unlawful parking.
(7)
A cash bond for a minimum of $25 and not to exceed $5,000 shall be posted with the Village Board to insure the repair of any damage resulting to any public right-of-way as a result of the event.
§ 490-22 Fences and walls.
A.
Maximum height.
(1)
Used in any district.
(a)
Front yards: three feet.
(b)
Rear and side yards: six feet.
(2)
Eight feet in any yard, subject to Planning Board review.
(3)
Commercial and industrial uses, subject to Planning Board review.
B.
Exceptions.
(1)
Fencing for tennis courts in any district shall not exceed 12 feet.
(2)
Residential uses in nonresidential districts shall be governed by regulations pertaining to R Districts.
§ 490-23 Individual lot grading.
All individual lots shall be graded in a manner which will avoid surface water runoff on adjacent lots and which will:
A.
Divert water away from buildings;
B.
Prevent standing water and soil saturation detrimental to structures and lot use;
C.
Preserve desirable site features;
D.
Provide grades for safe and convenient access to and around buildings and lots; and
E.
Conform to the general storm drainage pattern for the area.
§ 490-24 Storage of equipment and materials.
To provide visual protection from the storage of equipment and materials (as opposed to material for sale on display), such storage in any district (except for operational farm equipment) shall be within completely enclosed buildings or, if left open to the sky, shall be effectively screened from public view. Screening shall be of sufficient height and density to completely hide the storage from public view. In certain cases fencing may be necessary to supplement landscaping. All screening (fences, landscaping or combinations of each) shall be maintained in such manner as to present a neat and orderly appearance at all times.
§ 490-25 Outdoor parking and storage of motor vehicles.
Except for licensed junkyards, no outdoor parking or storage of motor vehicles shall be permitted in any district unless such vehicle is licensed and certified to be operated on public streets and fully operational, including all necessary equipment.
§ 490-26 Vehicle stacking areas.
A.
All vehicle stacking areas shall be clearly identified through the use of pavement markings, signs and/or curbing and landscaping features and shall be designed so they do not interfere with safe pedestrian and vehicle circulation on the site or along the public right-of-way.
B.
The length of stacking areas shall be determined by the maximum length of stacking required to serve vehicles during the facilities' peak hour of operation.
C.
All drive-in establishment vehicle stacking areas shall be located a minimum of 30 feet from any lot line adjoining a residential or transitional district.
D.
Any speaker system installed as part of the drive-in establishment shall be located a minimum of 30 feet from any property line adjoining a residential property.