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.
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).
F. Waterfront Development and Conservation (WDC).
H. Planned Residential (PR).
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.
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.