Perry Village City Zoning Code
ARTICLE IV
Residential Districts
§ 490-30 Residential zoning districts: purpose and intent.
A.
R-1 Residential District. This district is intended to provide areas for low-density single-family detached residential development.
B.
R-2 Residential District. This district is intended to provide areas for medium-density single-family residential development.
C.
R-3 Residential District. This district is intended to provide areas for multifamily residential development.
D.
LD Lake Development Special District. This district provides flexibility in permitted land uses in recognition of the need for limited medium-density residential and certain nonresidential development in the Silver Lake area.
E.
RCOZ Residential Conversion Overlay Zone. The RCOZ provides the Village with a mechanism to regulate the conversion of single-family detached residential dwelling units into two dwelling units.
§ 490-31 Residential permitted uses.
See Attachment 1, "Village of Perry Use Table.[1]"
[1]
Editor's Note: Said Use Table is included as an attachment to this chapter.
§ 490-32 Residential bulk and area requirements.
Residential bulk and area requirements are as follows:
Bulk and Area | R-1 | R-2 | R-3 | L-D | |
|---|---|---|---|---|---|
Minimum Lot Site | |||||
With public sewer | 15,000 square feet | 9,000 square feet | 5,000 square feet | 5,000 square feet | |
Without public sewers | 25,000 square feet | 14,000 square feet | 10,000 square feet | 10,000 square feet | |
Interior lots, width | 100 feet | 80 feet | 60 feet | — | |
Corner lots, width | 135 feet | 100 feet | 80 feet | — | |
Minimum Yards | |||||
Front(1) | 40 feet | 40 feet | 40 feet | 40 feet | |
Side | 10 feet | 10 feet | 10 feet | None(2),(3) | |
Rear | 30 feet | 30 feet | 30 feet | 10 feet(4) | |
Distance from lake | 50 feet(5) | ||||
Building and Structures | |||||
Principal building height | 35 feet | 35 feet | 35 feet | 20 feet(6) | |
Accessory maximum building height | 20 feet | 20 feet | 20 feet | 20 feet | |
Lot coverage, all buildings | 30% | 35% | 40% | 40% | |
NOTES: | |
(1) | Except for § 490-17A(2). |
(2) | The Zoning Board of Appeals may vary yard requirements for certain additions but shall not allow any reductions to nonconforming yards. |
(3) | 1. Where abutting a residential district, 30 feet. 2. Where a side yard is provided, it shall be not less than five feet. 3. Where a side yard is used for either vehicular ingress or egress, 12 feet. 4. Where a side yard is used for both vehicular ingress and egress, 25 feet. |
(4) | Except that where abutting a residential lot, 30 feet. |
(5) | Except as hereinafter provided, no building or structure over three feet in height shall be allowed within 50 feet of the shoreline of Silver Lake at high water level. |
(6) | Twenty feet if on lakefront properties and if built between 50 feet and 150 feet from the lake to maximize scenic views from adjoining properties. |
§ 490-33 General requirements.
A.
Interpretation. Except as hereinafter provided:
(1)
No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved, or altered unless in conformity with the regulations herein specified for the district in which it is located.
(2)
No lot, yard, setback, parking area or other space shall be so reduced in area, dimension or capacity as to make said area, dimension or capacity less than the minimum required under this chapter. If already less than the minimum required under this chapter, said area, dimension or capacity shall not be further reduced.
(3)
No part of a yard or other open space about any building required for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
B.
Lot restrictions.
(1)
Separate lots. Every building used as a dwelling shall be located on a lot, and, except for permitted accessory buildings, accessory dwelling units, or residential group developments, there shall be not more than one such building on a lot.
(2)
Lot frontage. No dwelling shall be erected on any lot which does not have immediate frontage on a street as defined in this chapter.
(3)
Common ownership. In residential group developments, maintenance and preservation of all private drives and parking areas, recreation areas and amenities shall be guaranteed by deed restrictions which run with the land.
C.
Structure measurements.
(1)
Buildings.
(a)
Height of a building shall be determined by the vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
(b)
Horizontal distance separations shall be measured from the furthest projection of the building.
(2)
Other structures. Height of other structures shall be determined by the distance between the highest point of the structure and the average finished grade.
§ 490-34 Residential Conversion Overlay Zone (RCOZ).
A.
Purpose and intent. The Village of Perry Comprehensive Plan recognizes that the core of residential life in the Village of Perry should be oriented around owner-occupancy of single-family detached homes and that preserving the spectacular 1860s to 1930s architecture of single-family detached homes is important to the long-term vibrancy and prosperity of the Village. The Comprehensive Plan also recognizes that the conversion of these historic single-family detached homes has harmed the character of the neighborhoods and blocks and that this harm to character has resulted in the devaluing of residential property. Since the inception of zoning, a foundational tenant of zoning has been to conserve the value of buildings and property. Therefore, based in the findings of the Comprehensive Plan and foundational intent of zoning, the Residential Conversion Overlay Zone (RCOZ) is created to provide the Village of Perry with a mechanism designed to implement the recommendations of the Comprehensive Plan to regulate the conversion of single-family detached residential home into two dwelling units. In doing so, RCOZ is intended to protect and preserve the owner-occupied single-family detached homes, architecture, character, residential life, and property value in the Village of Perry.
B.
Applicability. The RCOZ only applies as an overlay zone to the R-1 and R-2 Residential Zones and cannot be applied for in any other zoning designation. As an overlay zone, the underlying R-1 and R-2 zoning designations and requirements remain intact and apply to all properties within the R-1 and R-2 Zones, including any parcel designated RCOZ.
C.
Permitted uses. The only use permitted in the RCOZ is the conversion of an existing single-family detached home into a two-unit residential dwelling.
D.
General requirements. The following are general requirements for a property requesting the RCOZ to be applied to said property:
(1)
The property (lot) shall be entirely within the R-1 or R-2 Zone and shall comply with minimum lot size requirements of the R-1 or R-2 Zone.
(2)
No single-family detached dwelling with a legal or illegal accessory dwelling unit shall be considered for conversion unless the accessory dwelling unit use is abandoned.
(a)
The applicant shall submit a notarized affidavit stating that the accessory dwelling unit use is abandoned.
(3)
The existing single-family detached dwelling shall be a minimum of 1,500 square feet.
(4)
No dwelling, if approved for conversion, shall be less than 700 square feet.
E.
Submission requirements. The following are submission requirements for properties requesting the RCOZ to be applied to said property:
(1)
The applicant shall submit a petition for a Zoning Map amendment to the Village Board in accordance with § 490-85, Amendments, of this chapter.
(2)
The petition shall include a site plan in accordance with § 490-84, Site plan review.
(3)
The petition shall include an existing and proposed floor plan for the building.
(4)
The petition shall include an explanation (a narrative) as to why the conversion is being requested and how it is consistent with the consideration of Subsection F below. The narrative shall:
(a)
Include supportive materials that support the claim and demonstrate the need for the requested conversion.
(b)
Demonstrate the proposed conversion will maintain the single-family character of the property.
(c)
Demonstrate that the lot has the capacity to accommodate the conversion, including on-site parking.
(d)
Explain how the conversion will improve the overall condition of the property, especially the exterior appearance and maintenance.
F.
Action on petition for amendment. The Village Board shall approve, modify and approve, or disapprove the petition. No permits shall be issued, nor shall any construction activity of any kind commence, for any work depicted on an approved petition until such time as a site plan has been approved by Planning Board. In reviewing a petition for the RCOZ, the Village Board shall consider, and the burden is on the applicant to demonstrate, the following:
(1)
The conversion from a single-family detached dwelling to a two-unit dwelling will not negatively impact the character of the property or neighborhood.
(a)
Consideration has been given to maintaining the single-family residential character of the property.
(2)
The lot has capacity to accommodate the two-dwelling-unit use.
(3)
The proposed use and site design complies with on-site parking requirements for two dwelling units.
(4)
The exterior of the property is well maintained, not suffering from deferred maintenance, or that any exterior deferred maintenance will be addressed as part of the conversion. Exterior property maintenance features for consideration include: roofs, windows, doors, porches, paint or finish, accessory structures, and landscaping.
(5)
The reason(s) for the requested conversion, supportive material, and demonstration by the applicant that feasible and prudent alternatives are limited.
(6)
The proposed conversion can and will comply with all applicable building, health, and safety codes.
G.
Site plan review and approval required. If the petition for the RCOZ is approved by the Village Board, site plan review (§ 490-84) approval is required by the Planning Board. No permits shall be issued, nor shall any construction activity of any kind commence, for any work depicted on an approved petition until such time as a site plan review has been approved by the Planning Board.
§ 490-35 Residential accessory uses.
Those uses that are customary and incidental to a residential use or those permitted and special permitted uses. The parking or storage of automobiles or farm machinery shall be considered an accessory use, and may be located only in the side or rear yard.
Accessory Uses | ||||
|---|---|---|---|---|
Residential Uses | R-1 | R-2 | R-3 | LD |
Private garage | P | P | P | P |
Swimming pools | P | P | P | P |
Private greenhouses(1) | P | P | P | P |
Outdoor storage, recreational vehicles(2) | P | P | P | P |
Outdoor storage, commercial vehicle(3) | P | P | P | P |
Home occupations(4) | P | P | P | P |
Accessory dwelling units(4) | P | P | P | P |
Other customary and incidental accessory uses | P | P | P | P |
Private schools | — | P | P | — |
Yard sales(5) | P | P | P | P |
Off-street parking | P | P | P | P |
NOTES: | |
(1) | Such buildings shall be located at least 20 feet from any lot line and shall not exceed 12 feet in height. |
(2) | Travel trailers, campers, motor homes, utility trailers, boats or other A recreational vehicle may be parked or stored on a residential lot provided it is not used for living, sleeping or housekeeping purposes; if it is parked or stored outside of a garage, it shall be parked or stored to the rear of the front building line, and is owned by the occupant of the premises for his personal use. |
(3) | A single commercial vehicle not exceeding a manufacturer's gross vehicle weight of 10,000 pounds owned by the occupant of the premises for his personal use. |
(4) | See Subsections A and B below. |
(5) | Yard sales, garage sales, tag sales, and the like are permitted in any district provided there are no more than three on the same lot in any calendar year and provided each such sale lasts no longer than three consecutive days. |
A.
Buildings and structures accessory to principal uses permitted in this chapter shall require a zoning permit.
B.
Accessory uses may require a detailed site plan showing the location of all buildings, parking areas, traffic accesses, storm drainage, open space, sanitary disposal facilities, landscaping, and other requirements deemed necessary by the Zoning Enforcement Officer and/or Planning Board.
C.
An accessory structure or use shall comply with the setback requirements of the applicable zoning district, and shall not be closer to the street than the primary structure, unless specifically authorized by this section, or allowed by variance.
§ 490-36 Accessory dwelling units.
In any district where residential uses are permitted, the Planning Board may, by site plan, allow for the construction of one accessory dwelling unit associated with a single-family dwelling provided the following requirements and conditions are met.
A.
The applicant shall provide a site plan, floor plan, and building elevations in sufficient detail to evaluate the request.
B.
The design of the accessory dwelling unit shall maintain the size and scale of a single-family residential dwelling and be consistent with the neighborhood.
C.
The entrance to the accessory dwelling unit shall not be located on any wall facing any street.
D.
Only one accessory dwelling unit is created within, attached to, or above a detached garage.
E.
The accessory dwelling unit shall not exceed 35% of the total floor area of the primary unit. For accessory dwelling units located over detached garages, the total floor area of the garage and accessory dwelling unit shall not exceed 60% of the total aboveground floor area of the primary dwelling unit. No portion of the roof on the detached structure shall exceed or appear to exceed the roof of the primary structure.
F.
The property is and shall remain owner-occupied.
G.
The owner shall provide a notarized affidavit on forms provided by the Village once every two years stating that the property remains owner-occupied.
H.
The accessory dwelling unit shall clearly be secondary and subordinate to the primary dwelling.
I.
The accessory dwelling unit shall have its own independent bathroom and kitchen facilities.
J.
The primary residence and accessory dwelling unit shall have adequate water and sewer/septic systems.
K.
Adequate off-street parking is provided for all dwelling units.
L.
Parking location, design, and access from the public right-of-way serves both dwelling units and are not distinguishable as separate facilities.
§ 490-37 Home occupations.
A.
With changing patterns of employment and the growing number of small businesses, home occupations are a proven means of encouraging economic development. The following regulation provides basic requirements and standards aim at protecting the residential character of the property and neighborhood. The regulation also provides for commercial service home occupations with additional requirements and standards since such uses tend to be the kind of businesses that may become more commercial in nature.
B.
Home occupations are defined as the use of a portion of a dwelling or out-building(s) for business purposes by the resident occupants when clearly incidental and secondary to the residential use of the dwelling. Uses such as hospitality, funeral homes, dancing schools, kennels, and animal hospitals are not considered incidental and accessory to a residential use and shall not be deemed a home occupation. Activity associated with the home occupation shall not result in conditions or impacts inconsistent with or detrimental to the residential character of the premises and the neighborhood.
C.
No permanent dedication of the residential structure to nonresidential uses shall result from such accessory use.
(1)
No more than one nonresident is engaged in the activity (or parked) at the site.
(2)
No more than 20% of the dwelling and/or accessory structures shall be used for a home occupation.
(3)
There shall be no outdoor storage of small equipment, parts or any other material related to the home occupation.
(4)
Large commercial vehicles, in excess of 1.5 tons, or excavation-type equipment shall not be visible from any abutting property line and must be registered and operational.
(5)
Vehicle parking shall comply with the residential parking requirements.
(6)
Home occupation shall require a zoning permit.
D.
Commercial service, off-site (i.e., landscaping and contractors).
(1)
There shall be no more than one nonresident vehicle parked on site.
(2)
No more than six business-related trips shall be generated per day from the site.
(3)
There shall be no more three vehicles in excess of 26,000 pounds of gross vehicle weight.
(4)
All vehicles and equipment, regardless of gross vehicle weight, shall be registered and operational and be stored out of sight from all property lines.
(5)
Commercial service home occupations shall not be permitted on a parcel with a shared driveway.
(6)
Commercial service home occupation shall require a zoning permit and detailed site plan showing the location of vehicle parking and equipment storage.
§ 490-38 Cluster development.
A.
Intent. With the overall goal of encouraging imaginative, well-designed residential developments, these provisions are intended to:
(1)
Enable and encourage flexibility of design and development of the land in such a way as to promote its most appropriate use;
(2)
Preserve the natural and scenic qualities of open lands; and
(3)
Facilitate the adequate and economical provision of streets and utilities.
B.
Approval. Conventional lot and bulk requirements may be modified to provide the flexibility necessary to achieve the above goals. In its review of a proposed cluster development, the Planning Board shall give particular consideration to the following:
(1)
Individual lots, buildings, streets, and parking areas shall be designed and situated to minimize alteration of the natural site features to be preserved.
(2)
Irreplaceable natural features, such as, but not limited to, stream beds, significant stands of trees, individual trees of significant size, rock outcroppings, ravines, etc., are typically included in cluster open space.
(3)
Cluster open space intended for a recreation or public use shall be easily accessible.
(4)
Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationship between development and the land.
(5)
Streets and walks shall be designed to provide for safe and efficient pedestrian and vehicular traffic.
(6)
In general, the proposed cluster development shall not have an undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utilities, or other matters affecting the public health, safety, and general welfare.
C.
Regulations. This chapter applies to both residential subdivisions (the clustering of lots) and residential group developments (the clustering of buildings). In either case, lots or buildings may be grouped or clustered on the cluster site, with no increase in overall density. This is accomplished by density transfer, namely specified reductions in lot and area requirements which are compensated for by an equivalent amount of land in cluster open space.
(1)
General provisions.
(a)
Permitted districts. Cluster developments shall be allowed in any district permitting residential use.
(b)
Permitted uses. Dwelling types, i.e., single-family and multifamily types, shall be restricted to those types of structures permitted in the district in which the cluster development lies.
(c)
Density. Maximum overall density shall not exceed the maximum density permitted in the district in which the cluster development lies.
(d)
Open space.
[1]
All lot and area reductions shall be compensated for by an equivalent amount of land in cluster open space to be forever preserved and maintained for its scenic value, for recreation or conservation purposes, or for schools, community buildings, or related uses.
[2]
At the municipality's option, open space may be accepted by dedication and operated by the municipality as a public recreational facility.
[3]
If open space is not dedicated to the municipality, it shall be protected by legal arrangements, such as homeowners' associations, which are satisfactory to the municipality and sufficient to assure its maintenance and preservation.
(2)
Subdivisions (clustering of lots).
(a)
Lot and yard modifications shall be determined by applying the intent and the performance standards in Subsections A and B above within the following limitations:
[1]
Reduction of lot area shall not exceed 40% of that required by the district.
[2]
Reduction in lot width shall not exceed 30% of that required for the district.
[3]
Reduction of required front yards shall not exceed 20% of that required for the district. Other required yards shall not be reduced.
(b)
Procedures. The proposed cluster subdivision shall be subject to the same review procedures as a conventional subdivision, as set forth under Chapter 475, Subdivision of Land, of the Village Code, and provided further that any and all zoning modifications shall be shown on the cluster plat.
(3)
Group developments (clustering of buildings).
(a)
Yard modifications. Yard modifications shall be determined by applying the intent and the performance standards in Subsections A and B above within the following limitations:
[1]
Reductions in required front yards (setbacks) shall not exceed 20% of that required for the district, except that buildings fronting on private drives shall be set back a minimum of 30 feet from the edge of pavement.
[2]
Yards abutting the boundaries of the entire cluster development site shall be a minimum of 30 feet.
[3]
Other yards shall be determined by the distance between buildings.
[4]
Minimum distances between buildings shall be 30 feet.
(b)
Improvements. All improvements, including streets and utilities, shall be in accordance with municipal specifications.
(c)
Procedures. The same site plan review procedures shall be followed as required for any group development and as regulated under § 490-84.
§ 490-39 Planned unit development.
A.
Intent. The intent of this planned unit development (PUD) section is to provide greater flexibility leading to more imaginative design in the development of areas than is normally possible under conventional zoning districts. It is further intended to promote the most appropriate use of the land, a more efficient and economical arrangement of streets, utilities, buildings and open space, and the utilization of topography and other natural features to the best advantage both in creative design and conservation practices and to integrate all elements into one cohesive and compatible unit or entity.
B.
General.
(1)
The creation of a PUD shall be subject to the approval of the Village Board, based upon the review and recommendation of the Planning Board and upon the results of a public hearing.
(2)
In a PUD, the use and dimensional specifications found elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.
C.
Regulations.
(1)
Location. The PUD District shall be applicable to any area of the Village where the applicant can demonstrate that the characteristics of his development will satisfy the objectives of this section.
(2)
Minimum area. The PUD shall include no less than 20 acres of contiguous land.
(3)
Open space. A minimum of 25% of the site shall be used as open space, including walkways, plazas, landscaped areas and recreation areas. Parking areas and vehicle access facilities shall not be considered in calculating open space.
(4)
Common property.
(a)
Common property in a PUD is a parcel or parcels of land together with improvements thereon the use of which is shared by the owners and occupants of the individual building sites.
(b)
The landowner shall provide for and establish an organization for the ownership and maintenance of any common property. Such organization shall not be dissolved nor shall it dispose of any common property by sale or otherwise.
(5)
Ownership. The tract of land for a project may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.
(6)
Permitted uses. The following permitted uses shall not adversely affect surrounding development and shall be in accordance with the purpose, intent and objectives of this chapter:
(a)
Dwelling units in detached, semidetached, attached, clustered, or multistory structures, or combinations thereof.
(b)
Commercial uses, where such uses are scaled primarily to serve the residents of the PUD, such as retail sales, personal services and professional offices.
(c)
Other commercial and/or light industrial uses permitted only in a PUD of 100 acres or more and only when said uses are in strict accordance with the intent of this chapter and the Village Comprehensive Plan.
(d)
Public and private institutional facilities.
(e)
Recreational facilities.
(7)
Densities. Gross densities for single-family, two-family and multiple-family developments shall not exceed those set forth under R-1, R-2 and R-3 Districts, respectively.
D.
Procedures.
(1)
Preapplication conference. To avoid possible future delays, it is suggested that the applicant confer informally with the Planning Board regarding basic concepts of the proposed PUD, including rough sketches and tabulations, prior to submitting preliminary site plans. The project's status under SEQR will be determined at this time.
(2)
Preliminary site plan. A preliminary site plan shall be prepared and accompanied by the following documentation:
(a)
Evidence of how the developer's particular mix of land uses meets existing community demands, and to include area-wide as well as local considerations.
(b)
Evidence that the proposal is compatible with the goals of local and area-wide planning.
(c)
General statement as to how common open space is to be owned and maintained.
(d)
If the development is to be phased, a general indication of how the phasing is to proceed. Whether or not the development is to be phased, the plan shall show the intended total project.
(e)
Evidence of any sort in the applicant's own behalf to demonstrate his competence to carry out the plan to completion and his awareness of the scope of such a project, both physical and financial.
(3)
Planning Board action.
(a)
The Planning Board shall review the preliminary site plan and related documents and, within 60 days of submission, shall submit to the Village Board its recommendation that the plan be approved, disapproved or modified.
(b)
If, in any such evaluation, the Planning Board finds that any submission requirements, regulations, standards or criteria prescribed by this chapter are inapplicable because of unusual conditions of the PUD or the nature and quality of the proposed design, it may recommend to the Village Board that an adjustment in such regulations, standards or criteria be made.
(4)
Village Board action. Upon a favorable report from the Planning Board, the Village Board shall set a date for a public hearing for the purpose of considering the creation of a PUD. The Village Board shall hold a public hearing and shall render a decision within 60 days following the public hearing.
(5)
County referral. Prior to taking action on the creation of the PUD, Planning Board shall refer the plan to the County Planning Board for advisory review and a report in accordance with §§ 239-l and 239-m of the General Municipal Law.
(6)
Zoning.
(a)
The determination of the Village Board to create a PUD or adjust any regulations or standards shall be based on its review of the preliminary site plan and related documents, the Planning Board's and county's recommendations and matters brought forth at the public hearing. Upon the creation of a PUD, the Zoning Map shall be amended to show the newly created PUD District.
(b)
Amending the Zoning Map to indicate a PUD does not authorize the issuance of building permits. Such action can only be taken upon approval of the final site plan.
(7)
Final site plan. The final site plan shall substantially conform to the preliminary site plan that has been approved, incorporating and revisions or other features recommended by the Planning Board and/or Village Board.
(8)
Phasing. If the development is to be implemented in phases, each phase must have adequate provision for access, parking, open space, recreation areas and stormwater management and other public improvements to serve the development in accordance with the applicable criteria set forth. Where the overall development of an entire PUD site will require more than 24 months to complete, such developments shall be required to be phased. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent damage to completed phases, to future phases, and to adjoining property.
(9)
Planning Board action. Within 60 days of the receipt of the application for final site plan approval, the Planning Board shall act on it and notify the Village Board and applicant of its action. In determining its action, the Planning Board shall seek advice and assistance from such sources as appropriate municipal officials and consultants. The Planning Board's report shall state whether or not the final site plan is recommended and shall include a detailed statement of the basis for any Planning Board determination of noncompliance with any substantive criterion, standard or regulation of this section. In such case, the Planning Board may recommend further study of revised plans.
(10)
Village Board action.
(a)
Within 30 days of receiving a recommendation from the Planning Board, the Village Board shall either approve or disapprove the final site plan. The basis for such a decision shall be the conformance of the final site plan and the objectives of this chapter.
(b)
If the Village Board determines that the final site plan does not comply with the above criteria, standards or regulations, then the record of such determination shall be delivered to the applicant, including a separate statement setting forth in detail the exact nature of such noncompliance and all other factors included in the basis for the Village Board's determination.
E.
Additional regulations.
(1)
Subdivision review. Site plan review, under the provisions of this section, shall suffice for Planning Board review and approval of subdivisions subject to the following conditions:
(a)
The applicant shall prepare sets of subdivision plats suitable for filing with the County Clerk and which satisfy all plat requirements in Chapter 475, Subdivision of Land, in addition to the drawings required above.
(b)
If the PUD is being developed in phases, it may be platted and filed in corresponding components.
(2)
Regulation after initial construction and occupancy. For the purposes of regulating the development and use of property after completion of initial construction and occupancy, any changes shall be processed as a special permit, as outlined under § 490-82 and § 490-81.
(3)
Commencement of construction. No construction or site improvement work may commence until site plan approval has been granted.
(4)
Financial responsibility. No building permits shall be issued for construction within a PUD District until improvements are installed or a performance bond or letter of credit is posted in accordance with the same procedures as provided for in Chapter 475, Subdivision of Land.
§ 490-40 Bed-and-breakfast.
A.
Intent. Bed-and-breakfast establishments are intended to provide lodging, food service, and small-scale special events as a means of encouraging tourism.
B.
Standards.
(1)
Minimum lot size shall be two times that of the underlying zone.
(2)
The owner of the business must reside on the subject property.
(3)
The operation shall not alter the residential nature of the neighborhood and/or the character of the dwelling as a residence.
(4)
No more than five bedrooms shall be used for overnight guests.
(5)
Occupancy by any one guest shall not exceed 10 consecutive nights.
(6)
The dining room may not exceed seating for 12 persons.
(7)
May serve up to one meal a day; is limited to guests.
(8)
Parking for guest rooms shall be provided on site.
(9)
If ownership of the property changes, the original applicant and/or new owner shall notify the Zoning Official within 30 days of transfer of title to the property.
§ 490-41 Multiunit housing.
A.
Intent. To improve housing opportunities in the Village of Perry, this chapter is intended to permit the establishment of multiunit dwellings as a special permit, when appropriate.
B.
Locational criteria.
(1)
The minimum lot area for multiunit dwellings shall be three acres.
(2)
The lot shall be served by adequate public sewage and water supply.
C.
Standards.
(1)
The minimum land area per dwelling unit shall be 2,500 square feet.
(2)
No building shall be closer than 20 feet to any street or lot line.
(3)
The minimum distance between buildings shall be 30 feet.
(4)
No building shall exceed a height of 35 feet above the ground.
(5)
To the maximum extent possible consistent with good planning for the use of the site, parking lots shall be located in areas on the site where they will be the least visible from access roads and adjoining properties, whenever possible.
D.
Landscaping requirements.
(1)
Each lot line shall provide high-quality landscape area designed by the licensed landscape architect.
(2)
Landscaped area shall be designed, whenever possible, to screen neighboring properties and should be planted with a mixture of native evergreen and deciduous trees, shrubs, and flowers, which shall be properly maintained.
(3)
Article VII, Site Design and Development Standards, shall apply to multiunit development.