Perry Village City Zoning Code
ARTICLE V
Commercial Districts
§ 490-45 Commercial zoning districts: purpose and intent.
A.
C-1 Central Business District. This district is to provide areas in which to shop, dine and conduct business, generally within enclosed buildings, providing a focal point for the economic, social and cultural life of the community.
B.
C-2 Commercial District. This district is to provide areas for commercial use which will include various commercial uses conducted out of doors, in addition to those of a C-1 nature. Such commercial uses shall include wholesale or retail sales of goods and/or services, warehousing, distribution, and light manufacturing similar to those uses listed below. Existing uses may continue within limits set by § 490-15. Uses essentially similar to those listed may be permitted as long as structures remain viable for such uses and safety, site plan, and environmental standards are strictly adhered to.
C.
M-1 Manufacturing Light Industry District. This district is intended to provide areas for a planned industrial district, designed to ensure compatibility between industrial operations and the existing character and quality of the community. More specifically, the planning of such elements as streets, parking, architectural features and landscaping shall take into consideration aesthetic appeal and the promotion of an openness and park-like character. Activities shall conform to M-1 industrial performance standards.
§ 490-46 Permitted uses.
[Amended 3-15-2021 by L.L. No. 2-2021]
The table (see Attachment 2, Village of Perry Use Table[1]) identifies those uses permitted, including conditional uses, by zoning district. All business and industrial uses, developments, and new construction, except for minor changes in use, require site plan approval by the Planning Board, unless otherwise permitted. The Planning Board shall have the authority, via a vote, to make a determination of similar use based on the general use categories and specific uses permitted, for uses not specifically noted in the Use Table. In doing so, the Planning Board shall not only determine if the use is similar, but if the use meets the intent of the district and regulations.
[1]
Editor's Note: Said Use Table is included as an attachment to this chapter.
§ 490-47 Commercial bulk and area requirements.
[Amended 3-15-2021 by L.L. No. 2-2021]
Commercial bulk and area requirements are as follows.
C-1 | C-2 | M-1 | ||
|---|---|---|---|---|
Minimum Lot Size | ||||
Multiple dwellings | (1) | (1) | (1) | |
Other | (2) | (2) | ||
Front | None | 40 feet(5) | 50 feet(5) | |
Side | None(3) | (6) | 10 feet(7) | |
Rear | None(4) | 10 feet(4) | 10 feet(7) | |
Building and Structures | ||||
Principal building height | 30 feet | 30 feet | 40 feet | |
Accessory maximum building height | 30 feet | 30 feet | 30 feet | |
NOTES: | |
|---|---|
(1) | As required in the R-3 District. |
(2) | As required to provide a site adequate for the principal and accessory buildings, all required off-street parking, loading and stacking, landscaping, yards and open spaces. |
(3) | 1. Where a side yard is provided, it shall be not less than five feet. |
2. Where a side yard is used for either vehicular ingress or egress, 12 feet. | |
3. Where a side yard is used for both vehicular ingress and egress, 25 feet. | |
(4) | Except that where abutting an R District, 30 feet. |
(5) | Except as provided under § 490-17A(2). |
(6) | 1. Where a side yard is provided, it shall be not less than five feet. 2. Where a side yard abuts a lot in an R District, 30 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. |
(7) | Except where abutting an R District, 50 feet. |
(8) | It shall be impermissible to convert first floor for residential purposes. Must be/stay commercial. |
§ 490-48 Accessory uses.
Those uses customary and incidental to the principal use are permitted.
§ 490-49 Country inn.
A.
Intent. To provide for the short-term rental of not more than 20 guest rooms, with the serving of meals. It is the intent of this section to allow for these rentals while still keeping the small town and rural character of the community intact. The adaptive re-use of buildings with unique structural or historical characteristics, and/or site characteristics that lend themselves to a country inn setting, are encouraged. Country inns are permitted by site plan and access shall only be from Route 39 or Lake Street.
B.
Standards.
(1)
Minimum lot size shall be four times that of, the underlying zone.
(2)
Shall be occupied by the owner or manager.
(3)
Shall consist of no more than 20 guest rooms.
(4)
There shall be a maximum of four guests per room.
(5)
Occupancy by any one guest shall not exceed 14 consecutive nights.
(6)
For new construction, complete bathrooms shall be provided at a rate of one per guest room.
(7)
Access to each guest room shall be via a main entrance or foyer within the residence. Except as provided in this subsection or as may be required by fire or building code, no guest room(s) shall have a separate exterior access. The Planning Board may allow other access points if it finds that such accesses will not detract from the overall character of the structure as a country inn and that the size and appearance of the facility will not impair the character of the neighborhood or the use of nearby properties.
(8)
Adequate on-site parking shall be provided.
(9)
No facilities shall be allowed for cooking in rooms, but meals may be served by the owner to guests.
(10)
The dining room shall not exceed seating for 50 persons. Food service, up to three meals per day, can be offered to both guests and the general public as an accessory use.
(11)
Review shall include but not be limited to appropriateness to the neighborhood, architectural character, and historic preservation. The proposed site plan shall, to the extent practicable, incorporate any structural, historical, or natural features that will enhance the unique characteristics of the site.
(12)
Special events, in excess of 30 guests and not to exceed 75 guests, shall require an additional zoning permit. Any zoning permit issued for such events shall specify, and may limit and restrict, the date(s) and time(s) during which the event shall be permitted, as well as the specific locations and areas of the property to be used for such events.
(13)
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.
§ 490-50 Downtown Development District.
A.
Intent. The intent of the Downtown Development District (DDD) is to create a flexible zoning mechanism that will encourage and enable the Downtown Area to develop in a responsible yet efficient manner. The DDD is an overlay zone designed to reinforce and further the compact, walkable, and traditional neighborhood design in the Downtown. The aim of the DDD Overlay Zone is to create economic investment through flexible bulk and area requirements and high standards of design.
B.
Permitted uses.
(1)
Uses permitted for applications under the DDD overlay zone are shown in § 490-46, Permitted uses.
(2)
Uses permitted in the underlying zone are still permitted, but only applications and uses for the provisions of the DDD can take advantage of the flexible development standards.
C.
General requirements.
(1)
The following are general requirements for development applications in the DDD Zone.
(a)
A site plan application in accordance with § 490-81 is required for any proposed use that involves demolition of an existing structure, new construction, or remodeling of 40% or more the existing structure.
(b)
A change in use to an existing space in DDD shall not be required to comply with parking requirements for the new use as stated in § 490-71.
(c)
Bulk and area requirements are as follows:
[1]
No minimum lot sizes.
[2]
Front, rear, and side-yard setbacks as stated in § 490-47 do not apply in DDD provided the use, accessory uses, and requirements of the building code and other life safety codes can be satisfied.
[3]
Building height shall not exceed 40 feet or 3 1/2 stories.
[4]
No maximum building and/or impervious coverage shall apply.
[5]
Placement of new buildings on lots shall respect the existing front setbacks established the other/existing properties on the block.
(d)
Parking requirements are as follows:
[1]
Providing for on-site parking, whenever possible, is encouraged but not required.
[2]
When on-site parking is not provided, the applicant is required to provide a parking study. The parking study shall analyze existing public parking (on- and off-street) within the DDD Zone and demonstrate that adequate parking exists for the proposed use. Such analysis shall include all uses being proposed and the time of day (peak and off-peak) that each use will utilize parking. The aim of the study shall be to demonstrate that sufficient off-site parking exists within a five-hundred-foot radius of the proposed development and/or provide plan for off-site parking within two blocks to accommodate the proposed development.
(e)
Site design. [Note: See also § 490-64, Landscape design.]
[1]
The proposed use, density and intensity of development and design are compatible with the existing size and massing of the area and adjacent properties (see Appendix I, TND Standards[1]).
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
[2]
All development exhibits a high standard of quality in construction detail, materials, design, and appearance. The development reflects accepted professional standards of design, site and building.
[3]
Whenever possible, the perimeter of on-site parking areas, the rear property lines and side property lines shall be planted with a five-foot-wide vegetative strip to the satisfaction of the Planning Board.
(f)
Utilities.
[1]
All developments and uses shall be served by public water and sanitary sewer facilities.
[2]
All new utilities shall be installed underground, unless demonstrated as not feasible by the applicant, and so may be waived by the Planning Board due to physical constraints or other special circumstances. Utilities that are not customarily installed underground, such as transformer boxes, are not required to be installed underground.
D.
Site plan requirements.
(1)
No building shall be demolished, constructed, or substantially renovated prior to approval of a site plan in accordance with § 490-81. Site plans in the DDD shall include the following:
(a)
Architectural renderings and perspectives of all proposed structures and their interaction with existing on-site structures.
(b)
Proposed use categories of all proposed buildings. When multiple uses are proposed, percentages of floor area for each use shall be shown.
(c)
Concept building plans, including schematic floor plans and exterior elevations.
(d)
Location of proposed off-street parking areas with dimensions, including location, size and number of parking spaces, access routes, and walkways.
(e)
Proposed pedestrian walkways, malls, and other paths, public and private.
(f)
Landscaping (including the number, sizes and species of proposed trees and/or shrubs, lawn and other groundcover, and other landscape features and natural terrain not to be disturbed). Existing tree growth shall be shown on the plan and preserved to the maximum extent possible.