[Amended 9-6-1993 by L.L. No. 4-1993; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Intent. The intent of this district shall be to delineate those areas where predominantly one-family and 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 intensity of use.
B. 
Permitted uses. Permitted uses shall be as specified in § 202-19 of this article, Use Regulation Table.
C. 
Dimensional requirements. 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Intent. The intent of this district shall be to delineate those areas where predominantly one-family and two-family, moderate-density 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.
B. 
Permitted uses. Permitted uses shall be as specified in § 202-19 of this article, Use Regulation Table.
C. 
Dimensional requirements. 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.
[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.
[Added 9-17-2024 by L.L. No. 7-2024]
It is the intent of this section that use regulations and density controls be established for low-density single-family residential districts which may be added to the Village through annexation. The Planned Residential District provides for somewhat lower density residential single-family development than the R-1 or R-2 Districts, in keeping with the environmental characteristics of the hillside areas or other topographical type areas most likely to be annexed as development occurs in further years. It is the intent of this section that developments in areas where these regulations are applicable respect the preservation of unique views which are integral to the natural heritage of the Village and the character and density of surrounding areas. The PR designation is a rezoning subject to site plan review and Village Board of Trustees approval. It is applicable to any area which may be annexed to the Village where lower density residential development will meet the objectives of this section.
A. 
Permitted uses shall be as identified in § 202-19 of this chapter, entitled "Use Regulation Table."
B. 
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.
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.
B. 
Permitted uses. Permitted uses shall be as specified in § 202-19 of this article, Use Regulation Table.
C. 
Dimensional requirements. 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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.
B. 
Permitted uses. Permitted uses shall be as specified in § 202-19 of this article, Use Regulation Table.
C. 
Professional offices shall be restricted to upper floors only, in multiple-story buildings.
D. 
Dimensional requirements. 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.
[1]
Editor's Note: Former § 202-15.1, Water Street Corridor Overlay District (WSC), added 10-15-2013 by L.L. No. 3-2014, was repealed 9-17-2024 by L.L. No. 7-2024.
[Amended 9-17-2024 by L.L. No. 7-2024]
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. It is further intended that the categories of residential uses itemized in the "GC" column of the "Use Regulation Table"[1] established pursuant to § 202-19 of the Zoning Chapter be permitted uses in the General Commercial (GC) District.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
[Added 10-15-2023 by L.L. No. 3-2014; amended 9-17-2024 by L.L. No. 7-2024]
It is the intent of this section that use regulations and density controls be established for planned business/industrial park districts which may be added to the Village through annexation. The Planned Business/Industrial District provides for mixed-use business/industrial park developments along regional arterial roads in keeping with the environmental characteristics of areas most likely to be annexed as development occurs in further years. It is the intent of this section that development in areas where these regulations are applicable respect the character and density of surrounding areas. The PB designation is a rezoning subject to site plan review and Village Board of Trustees approval. It is applicable to any area which may be annexed to the Village where business/industrial development will meet the objectives of the section.
A. 
Permitted uses shall be as identified in § 202-19 of this chapter, entitled "Use Regulations Table."
B. 
Dimensional requirements as set forth in § 202-22, Density Control Schedule (area and bulk schedule), shall be observed for all uses permitted in this direct.
[1]
Editor's Note: Former § 202-16.2, Waterfront Side of Lake Street Overlay District (WLS), added 10-15-2013 by L.L. No. 3-2014, was repealed 9-17-2024 by L.L. No. 7-2024.
[1]
Editor's Note: Former § 202-16.3, South Side of Lake Street Overlay District (SLS), added 10-15-2013 by L.L. No. 3-2014, was repealed 9-17-2024 by L.L. No. 7-2024.
[Amended 7-16-1996 by L.L. No. 4-1996; 4-19-2011 by L.L. No. 9-2011; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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.
B. 
District boundary. The boundary for the WDC district is detailed on the Zoning Map for the Village of Penn Yan (dated and approved May 15, 2007).[1]
[1]
Editor's Note: The Zoning Map is on file in the Village offices.
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 Article VIII, 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:
[1] 
All proposed elevations with material selection at 1/4 inch equals one foot.
[2] 
Architectural details of elements of the building.
[3] 
A complete construction plan, when the project includes new construction or addition to an existing structure.
(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; Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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. 
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.
F. 
Parking structure: accessory use only.
G. 
Research laboratories: business function must be associated with waterfront.
H. 
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.
I. 
Solar collector or reflector: shall be attached to structure; shall not exceed square footage of roof, nor overhang the roof in any direction.
J. 
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.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
WHARF
Any structure permitting access to the shoreline, which extends out, into, over or along the shoreline, whose purpose is to provide riparian access as well as securing watercraft, and which is built parallel with the shoreline and supported in the water by some mechanism.
DOCK
Any structure or platform extending from the shoreline, generally extending into the water perpendicular to such shoreline, whose purpose is providing riparian access and/or securing of watercraft, shall be defined as a dock.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 be permitted to 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. 
Grading, dredging, earthmoving and disturbance of land above water during any construction shall be minimized as much as possible and shall be consistent with the permit requirements of the New York State DEC and/or Army corps of Engineers regulating such activities.
C. 
No structure shall interfere with 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 throughout its length.
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.
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 a total dock length of 30 feet from mean high water level at the dock/shoreline intersection.
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 December 1 and March 31.
P. 
No property owner may claim any ownership rights in the Outlet waterway bed or any portion of the waterway or the Outlet.
Q. 
No dock, pier or similar protuberance shall be permitted in any area of the outlet 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 the center line of Monell Street across the Outlet to the northerly shore thereof.
U. 
Wharves are the only structures permitted on the south side of the outlet from a straight-line extension of the center line 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 center line of 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 a straight-line extension of Mace Street to the Keuka Lake.
Y. 
All structures in, on or over the Outlet are prohibited between the Main Street Dam system to a line parallel to such dam and a distance of 100 feet westerly therefrom extending from the northerly shoreline of the Outlet to the southerly shoreline of the Outlet.
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.
B. 
Permitted uses. Permitted uses shall be as specified in § 202-19 of this Article, Use Regulation Table.
C. 
Dimensional requirements. 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.
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.