Penn Yan City Zoning Code
ARTICLE V
Area and Bulk Regulations; Density Control
§ 202-21 Purpose.
In order to provide adequate open spaces for access to light and air, to facilitate the prevention of fire, to prevent undue concentration of population and to lessen congestion in the streets, no building or premises shall be erected, altered or used except in accordance with the standards set forth in this article.
§ 202-22 Density Control Schedule (area and bulk schedule).
The attached schedule of density controls is hereby adopted and declared to be part of this chapter. It is hereinafter referred to as the "Village of Penn Yan Density Control Schedule."[1]
[1]
Editor's Note: The Density Control Schedule is included as an attachment to this chapter.
§ 202-23 Corner lots.
Wherever a side or rear yard is adjacent to a street, the standards for front yards shall apply.
§ 202-24 Projections into required yards.
B.
Equipment needed for the operation of active or passive solar energy systems may be approved within required yard setbacks subject to site plan approval.
C.
Any open or enclosed porch or attached carport or garage shall be considered a part of the building in the determination of the size of the required yard or lot coverage. Paved terraces which are not covered shall not be considered a part of the building.
§ 202-25 Compliance with maximum residential density.
A.
In all districts where residences are permitted, a lot held in single ownership may be improved for residential use according to the minimum lot size per dwelling unit and bulk regulations for the district as set forth in the Density Control Schedule,[1] provided that there shall be no more than one principal building and use on each lot except as provided herein. If two or more residential structures are proposed to be located on the same lot, the maximum average density requirement must be complied with and the lot shall be subdivided so as to provide adequate width and yards.
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
B.
A building permit shall not be issued for any residential lot of required or larger than required size as set forth in this chapter that has been reduced in size for transfer of ownership if such lot so subdivided will form one or more lots which shall not be in compliance with the density requirement.
§ 202-26 Side yard for multifamily dwelling units.
Side yards for semidetached, townhouse or multifamily dwelling units, where permitted, shall be required at the ends of the total structure only.
§ 202-27 Building separations.
The requirements for minimum distance separations between principal buildings, whether on the same or on different lots, shall be those shown in § 202-22, Density Control Schedule (area and bulk schedule).
§ 202-28 Exceptions to front yard requirements.
A.
If there are principal structures on both abutting lots with front yards of less than the required depth for the district, the front yard for the proposed lot need not exceed the average front yard of the abutting structures. If there is a principal structure on one abutting lot with a front yard of less than the required depth for the district, the front yard of the proposed lot need not exceed a depth 1/2 the way between the depth of the abutting lot and the required front yard depth.
B.
If there are principal structures on both abutting lots with front yards greater than the required depth for the district or if there is a principal structure on one abutting lot with a front yard greater than the required depth for the district, the front yard for the lot shall be determined by averages as specified above.
§ 202-29 General exception to height regulations.
Projections such as chimneys, silos, spires, domes, elevator shaft housings, towers, aerials, flagpoles, solar energy collectors and equipment used for the mounting and operation of such collectors and other similar objects not used for human occupancy shall be subject to site plan approval prior to issuance of a building permit.
§ 202-30 Exceptions to side yard requirements.
Where the side wall of a building is not parallel to the side lot line or where the side lot line is irregular, the width of the side yard may be varied. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such yard shall not be narrower at any point than 1/2 of the normally required width.
§ 202-31 Through lots.
In the case of a lot running through from one street to another street or alley, the frontage on which the majority of the buildings in the block front shall be considered the primary frontage for the purposes of this chapter. In cases where there is no clearly defined frontage, the owner, when applying for a building permit, shall specify which lot line is considered the primary frontage. The rear portion of such a lot shall, however, be treated as a lot front for the purposes of determining required setbacks and locations of permitted structures and uses.
§ 202-32 Transition yard requirements.
A.
Where a residential district abuts a nonresidential district on a street line, there shall be provided in the nonresidential district, for a distance of 35 feet from the district boundary line, a front yard at least equal in depth to that required in the residential district.
B.
Where a property in a nonresidential district abuts the side or rear yard of a property in a residential district, there shall be provided within the nonresidential district property a side or rear yard at least equal in depth to that required within the adjacent residential district. In no case, however, shall the abutting rear yard be less than 25 feet in depth.