This chapter shall be known and may be cited as the "Zoning
Law of the Village of Perry."
In their interpretation and application, the provisions of this
chapter shall be considered to be minimum requirements to promote
and protect public health, safety, comfort, convenience, prosperity
and other aspects of the general welfare. Whenever any provision of
this chapter is at variance or conflict with any other provisions
hereof or any other statute, ordinance or regulation covering any
of the same subject matter, the more restrictive provision or the
one imposing the higher standard shall govern.
The Village of Perry is hereby divided into the following zoning
districts:
R-1
|
Residential District - Low Density
|
R-2
|
Residential District - Medium Density
|
R-3
|
Residential Multiple Dwelling District
|
C-1
|
Central Business District
|
C-2
|
Commercial District
|
M-1
|
Manufacturing Light Industry District
|
L-D
|
Lake Development Special District
|
RCOZ
|
Residential Conversion Overlay Zone
|
DDD
|
Downtown Development District (Overlay)
|
The location and boundaries of the aforesaid zoning districts
are shown on maps titled "Zoning Map, Castile-Perry Planning Area"
which with all explanatory matter thereon are hereby incorporated
into this chapter. These maps shall be marked "Approved," dated with the
approval date and updated as amended by the Zoning Enforcement Officer.
Zoning district boundaries are intended to follow property lines
or center lines of streets, railroads or streams or to be parallel
or perpendicular thereto, unless otherwise located by appropriate
reference on the Zoning Map. Where uncertainty exists with respect
to the zoning district boundaries as shown on the Zoning Map, the
following rules shall apply:
A. Where district boundaries are indicated so as to approximately follow
property lines, such property lines shall be construed to be such
boundaries.
B. Where district boundaries are so indicated that they are approximately
parallel to street lines, the location of the district boundary shall
be measured from the nearest parallel street line using the graphic
scale on the Zoning Map, if no distance is given.
C. Where physical or cultural features existing on the ground are at
variance with those shown on the Zoning Map, or in other circumstances
not covered above, the Zoning Board of Appeals shall interpret the
district boundaries.
D. Where a district boundary line divides a lot of record at the time
such line is adopted, the regulations for the less restricted portion
of such lot shall extend not more than 30 feet into the more restricted
portion, provided that the lot has frontage on a street in the less
restricted district.
Any person aggrieved by any decision of the Zoning Enforcement
Officer relative to the provisions of this chapter or the Planning
Board may appeal such decision to the Zoning Board of Appeals, as
provided in this chapter.
Any person who violates any provision of this chapter or any
regulation adopted hereunder is guilty of an offense punishable by
a fine not exceeding $350 for the first violation, a minimum of $350
and a maximum of $700 for a second violation within five years, and
a minimum of $700 and a maximum of $1,000 for a third or subsequent
violation within five years, or imprisonment for a period not to exceed
six months, or both. Each week's continued violation shall constitute
a separate violation.