Village of Penn Yan, NY
Yates County
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Table of Contents
Table of Contents
No building or land shall hereafter be used or occupied and no building or structure 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, except as hereinafter provided.
A. 
No building or structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of dwelling units, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards or side yards than are specified herein for the district in which such building or structure is located.
B. 
No part of a required yard or other open space about any building required for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space similarly required for another building.
C. 
No lot shall be so reduced in size that its area or any of its dimensions or open spaces shall be smaller than those required by this chapter.
D. 
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare.
E. 
Any uses not specifically permitted shall be deemed to be prohibited.
F. 
Regardless of any other provisions of this chapter, any use that is noxious or offensive by reason of emission of odor, dust, noise, vibration, smoke, gas, fumes or radiation or which presents a hazard to public health safety, is prohibited.
[Amended 9-6-1993 by L.L. No. 4-1993]
In order to fulfill the purpose of this chapter, the Village of Penn Yan establishes the following districts:
A. 
Single-Family Residential (R-1).
B. 
General Residential (R-2).
C. 
Residential Transition (RT).
D. 
Village Center (VC).
E. 
General Commercial (GC).
F. 
Waterfront Development and Conservation (WDC).
G. 
Industrial (I).
H. 
Planned Residential (PR).
I. 
Planned Business (PB).
J. 
Water Street Corridor Overlay District (WSC).
[Added 10-15-2013 by L.L. No. 3-2014]
K. 
Lake Street Corridor Overlay District (LSC).
[Added 10-15-2013 by L.L. No. 3-2014]
L. 
Waterfront Side of Lake Street Overlay District (WLS).
[Added 10-15-2013 by L.L. No. 3-2014]
M. 
South Side of Lake Street Overlay District (SLS).
[Added 10-15-2013 by L.L. No. 3-2014]
The location and boundaries of said zoning districts are hereby established on a scaled map designated "Zoning Map of the Village of Penn Yan," which is kept on file and will be available for public viewing in the office of the Village Clerk, and such map is hereby declared to be part of this chapter.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:
A. 
Center lines and right-of-way lines. Where district boundaries are indicated as approximately following the center lines or right-of-way lines of streets, highways, public utility easements or watercourses, said boundaries shall be constructed to be coincident with such lines. Such boundaries shall be deemed to be automatically moved if a center line or right-of-way of such street, highway, public utility or watercourse is moved not more than 20 feet.
B. 
Lot or boundary lines. Where district boundaries are indicated as approximately following the Village boundary line, property lines, lot lines or projections thereof, said boundaries shall be construed to be coincident with such lines or projections thereof.
C. 
Parallel to lot or boundary lines. Where district boundaries are so indicated that they are approximately parallel to the Village boundary line, property lines, lot lines, right-of-way lines or projections thereof, said boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the Zoning Map or as shall be determined by the use of the scale shown on the Zoning Map.
D. 
District boundaries shall be determined by use of an accurate scale which shall be shown on the Zoning Map. In no instance shall a district boundary be set at less than the minimum lot depth required in the Density Control Schedule.[1]
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
E. 
In the event of a questionable district boundary, the questionable boundary shall be referred to the Board of Zoning Appeals, and it shall, to the best of its ability, establish the exact boundary.
F. 
The copy of the Zoning Map showing any such determinations under this section shall be on file at the office of the Village Clerk.
G. 
Precise zone boundary determinations made by the Zoning Board of Appeals in accordance with the above rules shall be considered final and conclusive and may only be altered by amendment of the Zoning Map by the Village Board of Trustees.
H. 
Lots divided by zoning district lines. Where a lot is divided by a district boundary line, the regulations for each respective district shall apply, except:
(1) 
In all cases where a lot in one ownership, other than a through lot, is divided by a district boundary so that 50% or more of such lot lies in the less restricted district, the regulations prescribed for such less restricted district shall apply to the more restricted portion of said lot for a distance of 30 feet from the zoning district boundary. For purposes of this chapter, the more restricted district shall be deemed that district which is subject to regulations which prohibit the particular use intended to be made of said lot or which regulations set higher standards with respect to setback, coverage, yards, screening, landscaping and similar requirements.
(2) 
In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, the regulations applicable to the greater part of the lot shall be deemed to apply to the entire lot.
I. 
Buildings divided by zoning district lines. Where a district boundary line divides a building existing on the effective date of this chapter so that 50% or more of such building lies within the less restricted district, the regulations prescribed by this chapter for such less restricted district (as defined in Subsection H above) shall apply to the entire building. Such provisions shall apply only if and as long as the building is in single ownership and its structural characteristics prevent its use in conformity with the requirements of each district.