[Amended 9-6-1993 by L.L. No. 4-1993]
A.
Intent. The intent of this district shall be to delineate
those areas where predominantly single-family detached, low-density
residential development and limited two-family residential development
has occurred or is likely to occur and to protect the integrity of
these residential areas by prohibiting the intrusion of any use which
is not compatible with this predominant type and intensity of use.
A.
Intent. The intent of this district shall be to delineate
those areas where predominantly detached single-family, moderate-density
residential development and some two-family residential development
has occurred or is likely to occur, to allow in special instances,
in accordance with site plan review, multiple-family dwellings and
dwelling groups and to protect the integrity of these residential
areas by controlling the type and intensity of uses so that the overall
character and density is preserved.
[Added 5-16-2023 by L.L. No. 5-2023]
A.
The
parcels located in the Village of Penn Yan presently identified as
Tax Map Parcels Nos. 49.36-1-3, 49.36-1-4, 49.36-1-5, 49.36-1-6, 49.36-1-7,
49.44-1-10, 49.44-1-11, 49.44-1-12, and 49.44-1-13 are hereby classified
as General Residential-Limited (R-2L).
B.
Permitted
uses therein are clustered senior citizen housing development or other
senior citizen housing with a maximum total of 32 senior citizen dwelling
units in said parcels, with associated permitted accessory use. The
R-2 Density Control Schedule of 202 Attachment 2 of the Zoning Chapter
of the Village Code shall be applicable to this use district.
A.
Intent. The intent of this district shall be to delineate
those areas adjacent to the central commercial and business districts
which currently contain a mixture of residential and business uses,
to allow in specific instances in accordance with site plan review
multiple-family dwellings and clustering (dwelling groups), and to
promote the continuation of these compatible mixtures of uses as buffers
between intensive commercial and residential use districts.
A.
Intent. The intent of this district shall be to delineate
the Village center area, which is primarily utilized and is appropriate
for retail, business and personal service, financial, institutional,
office, cultural, residential and governmental uses, and to provide
and promote a full range of central business uses that cater to the
needs of the population and to ensure that any use is compatible with
the character of the district and its permitted types and intensities
of use.
[Added 10-15-2013 by L.L. No. 3-2014]
A.
Purpose of the district: to promote tourist interest and pedestrian
traffic and unite this area with the outlet trail by encouraging mixed
uses such as restaurants/office/retail. Additions or new construction
in this district shall be compatible with the scale and architectural
features of the historic structures along Main Street but shall be
visibly differentiated from those facades by use of varied construction
materials. The use of brick and masonry facades shall be encouraged.
The architecture shall promote harmony between man-made structures
and the natural world through design approaches, including decorative
pavers, green space and streetscape well integrated with the site
in order that structures become assimilated with their surroundings.
B.
District boundary. The district shall be comprised of the VC-zoned
triangle of properties bounded by Liberty Street/Water Street/Wagner
Street as well as VC-zoned properties on the north side of Keuka Street.
C.
Permitted uses. Permitted uses are specified in § 202-19 of this article, Use Regulation Table. Any change in use shall be subject to site plan review.
D.
Bulk regulations. The dimensional requirements specified in § 202-22, Density Control Schedule, shall be observed for all uses permitted in this district. In addition, the following standards shall apply to site plan review within this use district:
E.
Design standards.
(1)
Lighting. A lighting plan shall be submitted as part of the
site plan review application. Streetlighting style shall be consistent
with the existing historic district lighting.
(2)
Utilities. Utility service line connections to buildings shall
be underground.
(4)
Landscaping. Ten percent of the lot shall be landscaped with
vegetation. In the event that the applicant does not adhere to the
ten-percent landscaping requirement, the alternative will be to submit
a direct payment to the Village Landscaping Fund in an amount to be
calculated during the Village Planning Board's site plan review. Said
sum shall be an annual fee computed at $10 per square foot of the
area that should have been landscaped with vegetation.
F.
Exterior features. The architectural style, general design and general
arrangement of the exterior of a building or other structure, including
the kind and texture of the building material, the size and scale
of the building, and the type and style of all windows, doors, light
fixtures, signs and other appurtenant fixtures, shall be subject to
approval of the Village Planning Board as part of site plan review,
in accordance with applicable regulations and guidelines.
A.
Intent. The intent of this district shall be to delineate
areas in the Village which are currently used or are appropriate for
commercial or business uses which provide a range of retail and personal
services in order to fulfill recurring needs of residents and visitors
which, by the nature or scale of the operations permitted, are compatible
with adjoining commercial and residential areas.
[Added 10-15-2013 by L.L. No. 3-2014]
A.
Purpose of the district. Additions, renovations and/or new construction
in this district shall be compatible with the massing, size, scale
and architectural features, such as dormers, gable-ends, porches,
divided light windows and street-side masonry/wood facades, so as
to blend in with and complement the existing residential structures.
Streetscape design, landscaping uniformity and patio or outdoor seating
shall be encouraged.
B.
District boundary. The district shall be comprised of the GC-zoned
section of Lake Street between Brown Street and East Main Street as
well as the GC-zoned properties on the east side of Main Street.
C.
Permitted uses. Permitted uses are specified in § 202-19 of this article, Use Regulation Table. Any change in use shall be subject to site plan review.
D.
Bulk regulations. The dimensional requirements set forth in § 202-22, Density Control Schedule, shall be observed for all uses permitted in this district. In addition, the following standards shall apply to site plan review within this use district:
E.
Design standards.
(1)
Lighting. Streetlighting style shall be consistent with the
existing historic district lighting.
(2)
Facades. All types/styles/variations of vinyl and aluminum siding
are prohibited.
(3)
Utilities. Utility service connection lines to buildings shall
be underground.
(4)
Landscaping.
(a)
Twenty-five percent of the lot shall be landscaped with vegetation.
In the event that the applicant does not adhere to the twenty-five-percent
landscaping requirement, the alternative will be to submit a direct
payment to the Village Landscaping Fund in an amount to be calculated
during the Village Planning Board's site plan review. Said sum shall
be an annual fee computed at $10 per square foot of the area that
should have been landscaped with vegetation. In no event shall the
landscaped area be less than 15%.
(b)
Street trees may be required and shall be approved by the Director
of Public Works. (Trees with opaque canopies must be prevented from
blocking line-of-sight and street lamp illumination.)
(5)
Parking. Shared driveways shall be encouraged. All parking areas
shall be located to the rear of buildings.
F.
General provisions.
(1)
Exterior features. The architectural style, general design,
and general arrangement of the exterior of a building or other structure,
including the kind and texture of the building material, the size
and scale of the building, and the type and style of all windows,
doors, light fixtures, signs and other appurtenant fixtures shall
be subject to approval of the Village Planning Board as part of the
site plan review, in accordance with applicable regulations and guidelines.
[Added 10-15-2013 by L.L. No. 3-2014]
A.
Purpose of the district: to encourage commercial development to be
compatible with and enhance the uses in the Waterfront Development
and Conservation District.
B.
District boundary. The district shall be comprised of the GC-zoned
section on the north side of Lake Street between Liberty Street and
Mace Street.
C.
Permitted uses. Permitted uses are specified in § 202-19 of this article, Use Regulation Table. Any change in use shall be subject to site plan review.
D.
Bulk regulations. The dimensional requirements as set forth in § 202-22, Density Control Schedule, shall be observed for all uses permitted in this district.
E.
Exterior features. The architectural style, general design, and general
arrangement of the exterior of a building or other structure, including
the kind and texture of the building material, the size and scale
of the building, and the type and style of all windows, doors, light
fixtures, signs and other appurtenant fixtures shall be subject to
approval of the Village Planning Board as part of the site plan review,
in accordance with applicable regulations and guidelines.
[Added 10-15-2013 by L.L. No. 3-2014]
A.
Purpose of the district: to encourage commercial development diversity
with a wide range of services to stimulate tourism and accommodate
local resident needs.
B.
District boundary. The district shall be comprised of the GC-zoned
section on the south side of Lake Street from Brown Street west to
the Village limits.
C.
Permitted uses. Permitted uses are specified in § 202-19 of this article, Use Regulation Table. Any change in use shall be subject to site plan review.
D.
Bulk regulations. The dimensional requirements as set forth in § 202-22, Density Control Schedule, shall be observed for all uses permitted in this district.
E.
Exterior features. The architectural style, general design, and general
arrangement of the exterior of a building or other structure, including
the kind and texture of the building material, the size and scale
of the building, and the type and style of all windows, doors, light
fixtures, signs and other appurtenant fixtures shall be subject to
approval of the Village Planning Board as part of the site plan review,
in accordance with applicable regulations and guidelines.
[Amended 7-16-1996 by L.L. No. 4-1996; 4-19-2011 by L.L. No.
9-2011]
A.
Purpose of the District.
(1)
To preserve and enhance the waterfront areas in the Village of Penn
Yan through architectural and site design that is representative in
scale and character of the goals and reflects the vision of the community
as set forth in the Waterfront Revitalization Plan (January 2008);
(2)
To encourage land development activities that, while creating economic
growth in the community, provides opportunity for permanent public
access through pedestrian connections and permanent open space;
(3)
To provide for a compatible mixture of waterfront-related uses, such
as marine and boating uses, and waterfront-enhanced uses, such as
waterfront-related commercial, industrial and residential uses;
(4)
To encourage appropriate land development, including the utilization
of vacant land and buildings and the adaptive reuse of existing structures,
which is in harmony with the maintenance of the district's recreational
and open space areas and the conservation of the historic environmental
areas adjacent to the Keuka Outlet and Keuka Lakefront;
(5)
To recognize the sensitivity of the unique waterfront environment
in this area and to institute appropriate safeguards to protect the
area from periodic flooding, soil erosion, sedimentation and slope
failure due to unregulated construction, removal of vegetation, dredging,
filling, damming or channelization;
(6)
To preserve valuable wetlands;
(7)
To protect scenic views and the natural character of the outlet and
lakefront areas;
(8)
To provide for a mix of land uses and developments as well as active
and passive recreational areas and opportunities that take advantage
of the unique location and characteristics of the waterfront area;
(9)
To encourage the maintenance and/or development of public access
to the waterfront wherever feasible and where such access is compatible
with the character of the proposed development; and
(10)
To provide for a variety of activities in a planned, controlled
environment in a manner blending all uses into a functionally and
aesthetically complementary whole.
C.
Permitted uses. Permitted uses shall be as specified in § 202-19 of this article, Use regulation table, subject to site plan approval.
D.
Bulk regulations. Dimensional requirements as set forth in § 202-22, Density control schedule (area and bulk schedule), shall be observed for all uses permitted in this district. In addition, the following standards shall apply to site plan review within this use district:
(1)
A maximum of 40% of the gross land area in the proposed development
parcel may be devoted to a specific use or combination of uses permitted.
Said maximum shall include all principal and accessory structures
but shall exclude any required yards and open space and recreation
uses, as defined in the regulations for this district, and the space
devoted to streets and required off-street parking lots within the
parcel.
(2)
A minimum of 30% of the gross land area shall be devoted to open
space, as defined in this chapter. This open space area shall not
include area devoted to streets, roads, or required parking spaces
within the development parcel.
(3)
Setbacks from shoreline:
(a)
Twenty-foot setback on both sides of the Outlet from the Main
Street Bridge to Monell Street.
(b)
Thirty-foot setback on both sides of the Outlet from Monell
Street to a point 884 feet west (the end of Village of Penn Yan parcel).
(c)
Fifty-foot setback from the point 884 feet west of Monell Street
to the far end of Red Jacket Park.
(d)
Thirty-foot setback on the north side of Indian Pines Park from
the wetlands to the lake.
(4)
Height limitations. No buildings shall exceed a maximum height of
40 feet in this district.
(5)
All construction shall conform with the provisions of Chapter 98, Flood Damage Prevention, of the Code of the Village of Penn Yan.
(6)
The Village of Penn Yan Planning Board may consider alternatives to the requirements set forth in Subsection D(1) through (5) based on review of a plan submitted by the Applicant that meets the purpose of the WDC District, detailed in Subsection A(1) through (10). If it is determined by the Planning Board that alternatives will be considered, a public hearing will be required.
E.
Design standards. The following standards shall comply with all construction
in the WDC District:
(1)
Permanent pedestrian pathways. As a condition of the issuance of
a permit for any subdivision or work requiring an application for
a site plan review pursuant to § 162-5, an easement shall
be granted across the subject property for a permanent pedestrian
pathway that connects existing pedestrian pathways or provides the
ability to connect to planned future pedestrian pathways on adjacent
properties, when deemed necessary by the Planning Board for furtherance
of the pedestrian pathway contemplated in the Village Comprehensive
Plan. Any such easement shall comply with the following:
(a)
Pathways shall be at least four feet wide and constructed of
a permeable surface.
(b)
Pathways shall be sited as close to the waterfront as the site
development permits.
(c)
Upon completion of the pathway it must be dedicated to the Village
of Penn Yan with a minimum twenty-foot easement for the purpose of
construction, repair or maintenance.
(d)
The applicant/developer is responsible for the maintenance of
all permanent pedestrian pathways until the pathways are dedicated
to the Village of Penn Yan.
(2)
Lighting. A lighting plan will be submitted as part of the site development
application:
(a)
All free-standing light fixtures as well as those attached to
the building shall be architecturally compatible with the style, materials,
colors and details of the building.
(b)
Locations of all proposed outdoor luminaires shall be shown
on the lighting plan (including site, parking lot, walkways/sidewalks,
building-mounted, landscape, external signage lighting, and so on).
(c)
Luminaires shall be sited to prevent spill-over onto adjacent
properties or to the waterfront.
(3)
Utilities.
(a)
Utility lines shall be located underground, where possible,
to minimize visual impacts.
(b)
Air-conditioning units, HVAC systems, exhaust pipes or stacks,
elevator housing and satellite dishes and other telecommunications
receive devices shall be thoroughly screened from view from a public
right-of-way and from adjacent properties.
(4)
Buffering.
(a)
Trash and/or dumpster areas shall be screened.
(b)
Buffer plantings or landscaping or opaque fences (preferably
wood) shall be provided between commercial businesses and adjoining
residential uses.
(c)
Screening shall be architecturally compatible with the style,
materials, colors and details of the building.
(5)
Parking.
(a)
Off-street parking shall not be permitted in the front yard.
Parking facilities shall be sited to the rear or side of structures,
away from street frontage(s) when possible, with appropriate landscaping,
attractive fencing no greater than five feet in height or stone/brick
wall no greater than three feet in height.
(b)
The number of required parking spaces shall be consistent with the parking standards set forth in § 202-43. Where credible evidence is provided by traffic counts or data by a licensed traffic engineer, up to a twenty-percent reduction in off-street parking may be permitted for shared parking, where the peak parking in two or more uses occurs at different times.
(c)
In order to soften the appearance of parking areas, they shall be designed with landscaping and vegetative islands separating parking isles. Ten percent of the parking area shall be landscaped per § 202-43H.
(d)
Shared parking agreements for cross-access between property
owners are encouraged.
(e)
In order to provide groundwater recharge and minimized runoff
into the Lake, at least one of the following stormwater management
techniques shall be used in parking lots where underlying soils support
infiltration of precipitation to the groundwater:
[1]
Comply with the Department of Environmental Conservation's State
Pollutant Discharge Elimination System (DEC SPDES) General Permit
for Stormwater Discharges.
[2]
Landscaped areas of the parking lot shall be sited, planted,
and graded in a manner to provide infiltration and detention of runoff
from paved areas.
(6)
Landscaping. A landscape plan will be submitted as part of the site
development application:
(a)
The landscape plan shall be prepared by a landscape architect.
The plan shall be submitted with a list of vegetative species to be
planted.
(b)
Landscaping shall be in keeping with community character and
be free from noxious plant materials. Emphasis shall be placed on
retaining and enhancing existing vegetation.
(c)
The landowner/developer shall be responsible for maintaining
all landscaped areas and replacing any damaged or dead materials in-kind
with the originally approved list of materials within a reasonable
time frame.
(7)
Architectural review.
(a)
In order to preserve and enhance the unique aesthetic character
of Keuka Lake and the Outlet, the developer is required to submit
the following for review and approval:
(b)
Architectural review will be completed by a registered architect
selected by the Village of Penn Yan. Fees for services to be paid
by the developer.
[Added 4-19-2011 by L.L. No. 9-2011]
The following shall be special uses within the WDC subject to
the criteria hereinafter provided:
A.
Amusement game center: accessory use only.
B.
Artist's loft: Each must be less than 800 square feet. Each shall
have separate and independent entrance for the living quarters and
artist studio. When a proposed site plan results in one building containing
three or more artist lofts, a common fire-rated entrance for living
spaces may be used. Living space shall not contain any production
or manufacturing activities. Living spaces in artist lofts shall only
be occupied by artists and their direct family. Units cannot be independently
rented as apartments.
C.
Cultural facility: must have a relation to waterfront. A library
is not permitted.
D.
Day-care center: accessory use only.
E.
Manufacture, fabrication, extraction, assembly and other handling
of materials including offices and showrooms. Showrooms may be included
as an accessory use to a primary manufacturing use provided that site
plan requirements for off-street parking and signage are met. Such
facility shall not exceed 800 square feet. The use shall be subject
to architectural review and shall be water-related.
F.
Parking lot, private: The aggregate number shall not exceed two parking
spaces per dwelling unit. Driveways, roads and parking areas are prohibited
between structures and the shoreline. Boats, motor homes, trailers
recreational vehicles are prohibited.
G.
Parking structure: accessory use only.
H.
Research laboratories: business function must be associated with
waterfront.
I.
Retail businesses and commercial uses otherwise provided for in this
section: all commercial uses, other than listed above, shall be subject
to a case-by-case review by the Planning Board, including a public
hearing, to weigh the public benefit and need against the impact and
effects as follows:
(1)
General conformance with the Comprehensive Master Plan of the
Village of Penn Yan;
(2)
Harmony with other uses in the zoning district in which it would
be located to ensure that the proposed use is to be conducted in a
manner compatible with the surrounding neighborhood and will not constitute
a threat to the public health, safety, welfare or convenience;
(3)
Does not tend to depreciate the fair market value of the adjacent
properties and takes into account any possible need for screening
or other protective measures;
(4)
Will not create a hazard to health, safety or the general welfare;
(5)
Will not be detrimental to the flow of traffic in the vicinity;
(6)
Will be served adequately by essential public facilities and
services, such as highways, streets, parking spaces, police and fire
protection, drainage structures, refuse disposal, water and sewer
and schools; or that the persons or agencies responsible for the establishment
of the proposed use will provide adequately for such additional services
as the Planning Board deems appropriate.
J.
Solar collector or reflector: shall be attached to structure; shall
not exceed square footage of roof, nor overhang the roof in any direction.
K.
Vehicle sales: only watercraft sales and repair shall be permitted
in the WDC district. Storage of watercrafts is prohibited between
May 1 and November 1 of each year.
The following shall apply to any structures placed, built, constructed
or otherwise located in, on or over the Keuka Lake Outlet:
A.
Construction shall not impact water quality, cause harm to fish spawning
grounds, destroy the natural beauty of the shoreline, reduce the stability
of steep slope areas, cause erosion or sedimentation problems along
the shoreline, create hazards for navigation, interfere with the public
use and enjoyment of the water surface or shoreline, infringe upon
the riparian rights of other littoral parcels or threaten the public
health and safety.
B.
The amount of grading, dredging, earthmoving and disturbance of land
above water during the construction of such structures shall be minimized
as much as possible and shall be consistent with the permit requirements
of the New York State DEC or Army corps of Engineers regulating such
activities.
C.
The structure shall not impinge upon free circulation of water in
such a way as to reduce the effects of fluctuating water levels or
create adverse modifications of the shoreline.
D.
All docked/moored watercraft shall have a minimum of 18 inches of
water depth beneath the vessel's bow, and 36 inches of water depth
beneath the vessel's stern.
E.
The minimum width for a docking structure join to land shall be 36
inches.
F.
The length of all dock, piers, wharfs, or any other permanent, temporary mooring, are limited by the depth of the water (see Subsection D) and are not permitted in the navigable channel, as marked by buoys or at a distance of 20 feet from the mean high water line, whichever is less.
G.
In the event that the water depth at the end of a proposed pier,
dock, wharf is less than five feet when the Outlet is at mean high
water level, the Code Enforcement Officer may issue a building permit
to extend the proposed structure no longer than an additional 10 feet.
Such permit shall be issued for the minimum additional length necessary,
in the judgment of the Code Enforcement Officer, to reach the depth
of five feet but in no case shall exceed the additional 10 feet.
H.
Construction shall have a minimum setback of 20 feet from the adjacent
property lines, as extended from the shoreline, to allow adequate
vessel access to neighboring waterfront parcels. In the event parcels
are too narrow for such waterfront structures to meet this setback
requirement, such structures shall be centered between the adjacent
property lines.
I.
The minimum distance between adjacent docking structures shall be
12 feet.
J.
Dual boat slips are prohibited.
K.
Any lighting which produces an offensive glare when viewed from any
direction is prohibited.
L.
Docks shall not be rented independently from the primary use unless
approved by the Planning Board at site plan review and, accommodations
have been made for parking, access, trash and any other requirements
deemed necessary by the Planning Board.
M.
Where site plan approval is required for a development or activity,
these proposed structures shall be reviewed for adequacy, location,
arrangement, size, design and general site compatibility.
N.
Permanent dock, pier, or similar protuberance shall be permitted
from Liberty Street to the lake and prohibited from Liberty Street
downstream.
O.
Nonpermanent dock, pier or similar protuberance must be removed in
its entirety between the months of December 1 and March 31.
P.
No property owner shall claim ownership of any portion of waterway.
Q.
No dock, pier or similar protuberance shall be permitted where the
channel is routinely dredged.
R.
Wharves only are permitted from a line 100 feet westerly from the
Keuka Lake Dam system at Main Street to the pedestrian bridge which
sits immediately to the west of Liberty Street.
S.
Docks are permitted on the south side of the outlet from the Liberty
Street pedestrian bridge west to a point 450 feet upstream.
T.
Docks or other moorings are prohibited on the south side of the outlet
from a point 450 feet west of the Liberty Street pedestrian bridge
to a straight line extension of Monell Street across the Keuka Lake
Outlet.
U.
Wharves are the only structures permitted on the south side of the
outlet from a straight line extension of Monell Street, across the
Keuka Lake Outlet, west to a point 950 feet upstream.
V.
No docks are permitted from a point situate 950 feet upstream from
a straight line extension of the centerline Monell Street across Keuka
Lake outlet to a point 100 feet south of Kimball's Gully.
W.
Wharves are the only structure permitted from the point 100 feet
South of Kimball's Gully to the centerline of Mace Street, as extended
in a straight line across Keuka Lake Outlet.
X.
Moorings
of any kind are prohibited on the south side of the Keuka Lake Outlet
from Mace Street to the Keuka Lake.
Y.
Any structure along the north side of the outlet from the public
boat launch to the lake shall be special use.
Z.
All structures in, on or over the Keuka Lake Outlet are prohibited
between the Main Street Dam system to a line parallel to such dam
and a distance of 100 feet westerly therefrom.
Chapter 120, Keuka Lake uniform docking and mooring, of this Code shall be applicable to development of any portion of the Keuka Lake shoreline contained within the Waterfront Development and Conservation District (WDC).
A.
Intent. The intent of this district is to delineate
areas within the Village which are now used for and are appropriately
suited to manufacturing, distribution, major wholesaling, warehousing,
processing or industrial uses, to preserve these areas for industrial
and related uses of such a nature that they do not create serious
problems of compatibility with other land uses and to regulate such
industrial development so that it will not be detrimental or hazardous
to the Village and citizens thereof.
See the Use Regulation Table at the end of this
chapter.
A.
No effluent or matter of any kind shall be discharged
into any stream or body of water which violates established stream
standards of the New York State Department of Environmental Conservation
or otherwise causes objectionable odors or fumes or which is poisonous
or injurious to human, plant or animal life.
B.
The practice of soil stripping shall be limited to
incidental filling of areas within the Village to bring them up to
grade, except insofar as is necessary or incidental to excavations
for cellars and other structures.
C.
No use shall be permitted which will produce corrosive,
toxic or noxious fumes, glare, fire, explosion, electromagnetic disturbance,
radiation, smoke, cinders, odors, obnoxious dust or waste, undue noise
or vibration or other objectionable features so as to be detrimental
to the public health, safety or general welfare unless conducted under
proper and adequate standards.
D.
Dumping or storage of material in a manner that facilitates
the breeding of vermin or endangers health in any way shall not be
permitted.
