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.
See Attachment 1, "Village of Perry Use Table.[1]"
[1]
Editor's Note: Said Use Table is included as an attachment
to this chapter.
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.
|
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.
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.
(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.
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.
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.
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.
A.
Intent. With the overall goal of encouraging imaginative, well-designed
residential developments, these provisions are intended to:
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.
(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.
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.
(3)
Commencement of construction. No construction or site improvement
work may commence until site plan approval has been granted.
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.
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.
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.
