A.
The following rules of construction of language shall
apply to the text of this chapter:
(1)
Words used in the present tense include the future
tense.
(2)
Words used in the singular include the plural, and
words used in the plural include the singular.
(3)
Words used in the masculine form shall also include
the feminine.
(4)
The word "lot" includes the word "plot" or "parcel."
(5)
The word "person" includes any person, firm, partnership,
association, corporation, company, institution or organization of
any kind.
[Amended 7-16-1996 by L.L. No. 4-1996]
(6)
The word "shall" is always mandatory; the word "may"
is always permissive.
(7)
The words "used" or "occupied" as applied to any land
or building shall be construed to include the words "intended, arranged
or designed to be used or occupied."
(8)
A "building" or "structure" includes any part thereof.
(9)
The phrases "to erect," "to construct" and "to build"
a building each have the same meaning and include to excavate for
a building and to relocate a building by moving it from one location
to another.
B.
Wherever possible, this chapter shall be interpreted
in such a way that the meanings of the words and phrases and sections
herein shall make them valid and legal in their effect.
C.
This chapter is not intended to abrogate or annul
any easement, covenant or any other private agreement. Such private
agreements shall not allow what the law prohibits.
D.
Whenever the requirements of this chapter are at variance
with the requirements of other lawfully adopted rules, regulations
or ordinances, the ordinance or law with the most restrictive provisions
or that imposing the higher standards shall govern.
[Amended 9-6-1993 by L.L. No. 4-1993; 7-16-1996 by L.L. No.
4-1996; 6-24-2003 by L.L. No. 3-2003; 3-9-2004 by L.L. No. 2-2004; 9-28-2004 by L.L. No. 4-2004; 12-13-2005 by L.L. No. 7-2005; 11-18-2008 by L.L. No. 5-2008]
The following words or phrases as used in this
chapter are defined as follows:
A structure subordinate to a principal structure on the same
lot and used for purposes customarily incidental to those of the principal
structure. Accessory structures include but are not limited to portable,
demountable or permanent enclosures, shade structures, carports, swimming
pools, garages and storage sheds.
A use customarily incidental and subordinate to the principal
use or occupancy of a building and located on the same lot with such
principal use or building.
An extension or increase in floor area or height of a building
or structure.
Any place to which the public is permitted or invited wherein
electrically or mechanically controlled still or motion-picture machines,
projectors, computers, or other image-producing devices are maintained
to show images to five or fewer persons per machine at any one time
and where the images so displayed are distinguished or characterized
by the depicting or describing of a specified sexual activity or specified
anatomical areas.
A commercial establishment that, as one of its
principal business purposes, offers for sale, rental or for any form
of consideration any of the following:
Books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, videocassettes, DVD
or video reproductions, slides or other visual representations, or
other technology which depicts or describes specified sexual activities
or specified anatomical areas; or
Instruments, devices, or paraphernalia that
are designed for use in connection with specified sexual activities.
A commercial establishment may have other principal
business purposes that do not involve the offering for sale or rental
of material depicting or describing specified sexual activities or
specified anatomical areas and still be categorized as an adult bookstore
or adult video store. Such other business purposes will not serve
to exempt such a commercial establishment from being categorized as
an adult bookstore or adult video store so long as one of its principal
business purposes is offering for sale or rental, for compensation,
the specified materials that depict or describe specified sexual activities
or specified anatomical areas. A "principal business purpose" shall
mean that more than 1/4 of the business is devoted to the sale, rental,
or display of such materials as determined by any of the following:
The number of different titles of printed, visual
or audio materials of any kind that are characterized by their emphasis
on the description or depiction of specified anatomical areas or specified
sexual activities;
The number of copies of printed, visual or audio
materials of any kind that are characterized by their emphasis on
the description or depiction of specified anatomical areas or specified
sexual activities;
The amount of floor space devoted to the sale
and display of printed, visual or audio materials of any kind that
are characterized by their emphasis on the description or depiction
of specified anatomical areas or specified sexual activities;
The dollar amount of sales of printed, visual
or audio materials of any kind that are characterized by their emphasis
on the description or depiction of specified anatomical areas or specified
sexual activities; and/or
The amount of on-site advertising that can be
viewed by passersby, or the amount or cost of advertising in print
or broadcast media devoted to printed, visual or audio materials of
any kind that are characterized by their emphasis on the description
or depiction of specified anatomical areas or specified sexual activities.
A public or private establishment that serves food and/or
alcoholic or nonalcoholic beverages, which features:
Persons who appear in a state of nudity or seminudity;
or
Live performances that are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
Films, motion pictures, videocassettes, DVDs,
slides or other photographic reproductions that are characterized
by the depiction or description of specified anatomical areas or specified
sexual activities.
A public or private establishment that is used for the provision
of the service of stroking, kneading, tapping or vibrating the human
body with the hands or other devices, with or without the aid of oils
or other lubricants, except by those licensed to perform said activity
under Education Law § 7802.
A hotel, motel or similar commercial establishment that:
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, videocassettes, DVDs, slides
or other photographic reproductions that are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas; and has signs visible from the public right-of-way
that advertise the availability of such closed-circuit television
transmissions, films, motion pictures, videocassettes, DVDs, slides
or other photographic reproductions that are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas, this adult type of photographic reproductions; or
Offers sleeping rooms for rent for a period
of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, DVDs, slides or reproductions
are shown that are characterized by the depiction or description of
specified anatomical areas or by specified sexual activities.
A theater, concert hall, auditorium, or similar commercial
establishment that regularly features persons who appear in a state
of nudity or seminudity or live performances that are characterized
by the exposure of specified anatomical areas or by specified sexual
activities.
Adult arcades, adult bookstores, adult cabarets, adult motels,
adult motion-picture theaters, adult theaters, adult video stores,
escort agencies, nude model studios, sexual encounter centers and
other sexually oriented uses.
The raising of agricultural products, including livestock,
poultry, dairy products, farm crops, fruit, vegetables and nursery
stock, whether for gain or otherwise. This term does not include livery
or boarding stables or the manufacturing or processing of agricultural
products as the principal use.
A narrow supplementary thoroughfare for the public use of
vehicles affording access to abutting property.
As applied to a building or structure, a change or rearrangement
in the structural parts or in exit facilities of such building or
structure or any enlargement thereof, whether by extension on any
side or by any increase in height or the moving of such building or
structure from one location to another.
An individual appointed, as provided herein, to serve on
the Planning Board when required to obtain or maintain a quorum.
[Added 3-20-2018 by L.L.
No. 3-2018]
A continuous commercial use in which four or more mechanical,
electrical or electronic machines or devices are used or designed
to be operated for entertainment or as a game and either activated
by the insertion of a coin, token, etc., or a use for which a charge
is made.
An establishment primarily engaged in the sale of old or
handmade articles.
See "dwelling unit."
Approved by the Village Code Enforcement Officer under the
regulations of this chapter or approved by an authority designated
by this chapter.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of terraces and uncovered steps. All dimensions shall be
measured between the exterior faces of walls.
The total area within the lot boundary lines, excluding any
area included in a public street right-of-way.
A structure or building utilized for the display of artwork,
including, but not limited to, paintings, sculptures, pottery and
paints for sale to the public.
An individual who practices one of the fine, design, graphic,
musical, literary, computer or performing arts or an individual whose
profession relies on the application of the above-mentioned skills
to produce creative product; i.e., architect, craftsperson, photographer,
etc.
[Added 4-19-2011 by L.L. No. 9-2011]
The work space of an artist that includes an accessory residential
space intended only for the artist utilizing the work space.
[Added 4-19-2011 by L.L. No. 9-2011]
The workspace of an artist in which art is produced. Artwork
that is produced within an artist studio may be sold at that artist
studio.
[Added 4-19-2011 by L.L. No. 9-2011]
That space of a building which is between the top of the
uppermost floor construction immediately below and wholly or partly
within the roof framing and which is not finished as habitable space.
(See "story, half.")
The general repair, rebuilding or reconditioning of engines,
motor vehicles or trailers, such as, but not limited to, collision
services, body repair, frame straightening, painting, upholstering,
vehicle steam cleaning and/or undercoating.
Minor repairs, incidental replacement of parts and motor
services to passenger automobiles and trucks not to exceed a capacity
of 1 1/2 tons, but not to include any operation included in the
definition of "automobile repair, major," as defined above.
A building or place of business where gasoline or other motor
vehicle fuels, oil, grease, batteries, tires and/or automotive accessories
are supplied and dispensed directly to the motor vehicle retail trade
and where minor automobile repairs are performed.
A commercial bank, savings bank, savings-and-loan association
or credit union chartered under the laws of the United Sates or any
state thereof. Automatic teller machines, point-of-sale terminals
and similar facilities located as incidental services in other kinds
of retail facilities shall not be deemed to be a bank.
A temporary sign, constructed of canvas or other fabric,
designed to be suspended across or between the face or faces of a
permanent building or structure.
A business establishment licensed by the State of New York
to serve alcoholic beverages and which establishment is designed primarily
for the consumption of such alcoholic beverages on the premises, irrespective
of whether or not food and/or entertainment are also provided as accessory
uses.
Any space of a building which is partly below finished grade,
but having more than 1/2 of its height measured from floor to ceiling
above average finished grade. (See also "cellar.")
An establishment primarily engaged in the practice of cutting
hair, hairdressing, facials and manicures.
An owner-occupied residence resulting from a conversion of
a one-family dwelling, used for providing overnight accommodations
and a morning meal for not more than 10 transient lodgers and containing
at least three, but not more than five, bedrooms for such lodgers.
A building, other than a hotel, containing a general kitchen
and a general dining room, in which sleeping rooms are offered for
rent, with or without meals, to nontransient guests. A lodging house
or rooming house shall be deemed a "boardinghouse."
The Board of Trustees of the Village of Penn Yan.
[Added 3-20-2018 by L.L.
No. 3-2018]
An area of land forming a visual and/or physical separation
or barrier between two uses. In the case of a visual barrier, the
land shall be covered with natural plantings or man-made material
to provide a continuous physical screen preventing visual access and
reducing noise.
Any structure that is wholly or partially enclosed within
exterior walls, is permanently affixed to the land, has one or more
floors and a roof and is intended for the shelter, housing or enclosure
of persons, animals or chattel.
See "accessory structure."
A building surrounded by open space on the same lot.
A group of two or more principal buildings, and any buildings
accessory thereto, occupying a lot in one ownership and having any
yard in common.
The vertical distance measured from the average elevation
of the proposed or existing finished grade to the highest point of
the roof for flat roofs, to the deck of mansard roofs and to the mean
height between eaves and ridge for gable, hip and gambrel roofs.
The line, established by statute, local law or ordinance,
beyond which the exterior surface of a building on any side shall
not extend, as specifically provided by law. In the instance of a
cantilevered section of a building or projected roof or porch, said
line shall coincide with the most projected surface.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A building attached by a party wall to another building normally
of the same type on another lot, but having one side yard.
The wholesale or retail sales of materials and supplies used
in the construction, maintenance, repair or improvement of real property.
The repair of electronic equipment such as, but not limited
to, televisions, VCRs, radios, communications equipment, office equipment,
computers, etc.
A building, premises or portions thereof where automobiles
are washed either by the patron or others using machinery and mechanical
devices specifically designed for this purpose.
Any space in a building the structural ceiling level of which
is less than four feet above average finished grade where such grade
meets the exterior walls of the building. (See also "basement.")
A certificate issued by the Code Enforcement Officer upon
completion of construction, alteration or change in occupancy or use
of a building. Said certificate shall acknowledge compliance with
all the requirements of this chapter and such adjustments thereto
granted by the Board of Appeals.
A change in occupancy, including type or intensity, of all
or a portion of a building, structure or lot.
CHILD-CARE CENTERA building or structure certified pursuant to New York State law where care, protection and supervision are provided on a regular schedule to more than 12 children.
CHILD-CARE FACILITY, GROUPA private residence, certified pursuant to New York State law, where care, protection and supervision are provided on a regular schedule to at least seven and no more than 12 children, including children of the adult provider.
CHILD-CARE HOME, FAMILYA private residence, certified pursuant to New York State law, where care, protection and supervision are provided on a regular schedule to no more than six children, including the children of the adult provider.
A building or premises used for regular public worship by
members or representatives of a religious sect or organization as
defined by state statute.
An organization catering exclusively to members and their
guests or premises and buildings for recreational or athletic purposes
that are not conducted primarily for gain, provided that there are
not conducted any vending stands, merchandising or commercial activities
except as operated primarily for the members and guests of such club.
Projects or dwelling groups carried out pursuant to the authority
granted to the Village by Article 7, § 7-738, of the Village
Law of the State of New York, whereby the Village of Penn Yan Planning
Board is authorized to encourage or require the modification of certain
density requirements of this chapter. The modifications must occur
at the same time that the plat or plats are approved in accordance
with the requirements of the Subdivision Regulations of the Village
of Penn Yan.[1] Such modifications to the density standards of this chapter
are subject to reasonable conditions set forth by the Village Board
of Trustees. The purposes of such authorization shall be to enable
and encourage flexibility of design and development of land in order
to promote the most appropriate use of land, to facilitate the adequate
and economical provision of streets and utilities and to preserve
the natural and scenic qualities of open lands.
A motor vehicle with commercial license plates or combination
license plates used for business or commercial purposes, including
any trailers and semitrailers and tractors when used in combination
with trailers and semitrailers, and:
A facility under the direct supervision and control of a
charitable, religious, service, public or other organization, including
not-for-profit corporations, which facility provides a place for congregation
or meeting purposes, for education, training, counseling, active or
passive recreation or similar pursuits, including social facilities
incidental thereto. This term shall not include schools or retail
business activities.
A sign owned and maintained by the Village, by a group of
businesspeople or by a group of organizations, as approved by the
Board of Trustees of the Village, which contains several directional
signs for the purpose of directing persons to business and community
establishments.
A building or group of buildings in which residential, commercial
or industrial units are owned individually while the structure, common
areas and facilities are owned jointly by all the owners on a proportional
basis.
A tract of land under the control of the applicant or his
agent that is not divided by any natural or man-made barriers, such
as existing streets and highways or public rights-of-way identified
on the Official Map, and is not bisected by water bodies.
Persons or businesses engaged in the construction of buildings
and structures; remodeling and repairs to existing buildings and structures;
electrical services; plumbing services; heating, ventilation and air
conditioning (HVAC); excavation and grading services; roofing and
siding services; masonry services; paving services; well drilling;
sewage disposal system installation and services; and other similar
services.
Any space, whether inside or outside a building, used for
the storage or keeping of construction equipment, machinery or vehicles
or parts thereof which are in active use by a contractor or contractor
business.
See "nursing home."
A commercial retail use which combines the sale of nonalcoholic
beverages, dairy and baked goods, snack foods, prepackaged grocery
items and daily household items, and which may also be accompanied
by the sale of motor vehicle fuel and accessory substances for automobiles
and which has a gross floor area of less than 5,000 square feet.
That lot area or percentage of lot area covered by buildings
or structures, including accessory buildings and structures.
Libraries, museums, art galleries, theaters and performing
arts facilities, etc.
Any licensed building or structure operated for the purpose
of providing daytime care and instruction for two or more children
on a regular schedule and also known as a "child-care facility."
An exterior floor system supported on at least two opposing
sides by an adjoining structure and/or posts, piers or other independent
supports.
A building or structure, or a portion thereof, for the display
and sale of merchandise, through a stock of goods on the premises,
accessible to the public, at retail or wholesale prices, consisting
of at least 5,000 square feet gross area of the premises.
That portion of the Village within which specific uses are permitted according to the designation applied thereto in Article III and in conformity with the provisions of this chapter.
Any water-dependent structure or fixed platform built on
floats, columns, open timbers, metal, piles or similarly openwork
supports or cantilevered structures extending to the shore, including
piers and wharfs, whose purpose is providing riparian access and/or
securing of watercraft. All such structures as above described which
are placed waterside of the mean high-water mark shall be defined
as a dock.
[Added 4-19-2011 by L.L. No. 9-2011]
Any commercial or business activity that incorporates as
a principal or accessory feature a service window, booth or other
like arrangement on the exterior of the building or structure designed
primarily for drive-through or carryout service.
Premises on which one or more dry-cleaning machines are installed
and operated for the purposes of cleaning textiles, fabrics, garments
or other such articles by the use of any solvent other than water,
whether or not in conjunction with laundry or other equipment.
A lot or land used primarily for the disposal, by abandonment,
burial, burning or any other means and for whatever purpose, of garbage,
sewage, trash, refuse, junk, discarded machinery, vehicles or parts
thereof or waste materials of any kind.
A building designed or used principally as the living quarters
for one or more families in one or more dwelling units.
See "clustered projects."
A building containing three or more dwelling units with shared
or individual entrances and/or other essential facilities and services.
This term shall not be deemed to include a motel, hotel, rooming house
or other accommodations used for more or less transient occupancy.
A building containing one dwelling unit only. This term shall
not be deemed to include a motel, hotel, rooming house or other accommodations
used for more or less transient occupancy.
A building containing one dwelling unit and having two side
yards. This term shall not be deemed to include a motel, hotel, rooming
house or other accommodations used for more or less transient occupancy.
A building containing one dwelling unit and having one party
wall and one side yard. This term shall not be deemed to include a
motel, hotel, rooming house or other accommodations used for more
or less transient occupancy.
A building containing two dwelling units. This term shall
not be deemed to include a motel, hotel, rooming house or other accommodations
used for more or less transient occupancy.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A person who, for consideration, agrees or offers to act
as a companion or date for another person or who agrees or offers
to privately model lingerie or to privately perform a striptease for
another person.
Any of the following:
One or more persons living together as a single housekeeping
unit.
A structure that prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and a property, or to enclose a lot or a part of a lot. Fences may be constructed of wood, metal, plastic or other materials as outlined in § 202-48 of this chapter. Densely planted shrubbery or hedges that inhibit travel may also be considered to be a fence.
The elevation at which the finished surface of the surrounding
lot intersects the walls or supports of a building or other structure.
If the line of intersection is not reasonably horizontal, the finished
grade, in computing the height of buildings and other structures or
for other purposes, shall be the average elevation of all finished
grade elevations around the periphery of the building.
Wood, untreated lumber or any product that is suitable for
use with woodburning heating equipment, exclusive of any product containing
petroleum derivative, chemicals, preservatives, stain, paint, toxic
substances and/or rubbish.
The aggregate sum of the gross horizontal area of the several
floors of the building or buildings, measured from the exterior walls
or from the center lines of walls separating the buildings.
In particular, the floor area of a building
or buildings shall include:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment, with structural
headroom of seven feet six inches or more.
Penthouses.
Attic space (whether or not a floor has actually
been laid), provided that there is structural headroom of not less
than seven feet six inches over a minimum area of 80 square feet where
no area dimension is less than seven feet.
Interior balconies and mezzanines.
Enclosed porches.
Accessory uses, not including space for accessory
off-street parking.
The floor area of a building shall, however,
not include:
Cellar space, except that cellar space used
for retailing shall be included for the purposes of calculating requirements
for accessory off-street parking spaces and accessory off-street loading
berths.
Elevator and stair bulkheads, accessory water
tanks and cooling towers.
Floor space used for mechanical equipment, with
structural headroom of less than seven feet six inches.
Attic space, whether or not a floor has actually
been laid, providing structural headroom of less than seven feet six
inches for 50% of the area.
Uncovered steps and/or exterior fire escapes.
Terraces, breezeways, open porches and outside
balconies and open spaces.
Accessory off-street parking areas.
Accessory off-street loading berths.
A structure used by a professionally licensed mortician for
burial preparation and funeral services.
A building or premises used for the repair of motor vehicles,
including the painting and the sale of related parts and accessories.
A junkyard or auto salvage yard is not to be construed to mean or
be the same as a garage.
An area of land, including structures thereon, or any building
or part thereof that is used primarily for the sale and direct delivery
to the motor vehicle of gasoline or any other motor vehicle fuel or
oil and other lubricating substances, which may include as accessory
uses the sale of motor vehicle accessories and which may or may not
include facilities for lubricating, washing (which does not require
mechanical equipment) or otherwise servicing motor vehicles, but not
including auto bodywork, welding or painting.
A commercial retail use that combines the sale of motor vehicle
fuel and accessory substances, as well as the sale of beverages, dairy
and baked goods, snack foods and similar grocery stuffs.
A nonretail, service-oriented office or agency such as insurance
brokers, travel agents, computer programming, consulting organizations
or similar uses.
A building shared by four or more handicapped persons or
persons receiving professional treatment, including resident staff,
who live together as a single housekeeping unit and in a long-term
family-like environment in which staff persons provide care, education
and participation in community activities for the residents with the
primary goal of enabling the resident to live as independently as
possible in order to reach his or her maximum potential.
An establishment that offers primarily, on a membership basis,
facilities, equipment and programs for exercise, weight loss and body
development; food items may be offered to members only; and not open
to the general public.
The Penn Yan Historic District, as delineated on a map that is on file in the Yates County Clerk's office, and within which apply the provisions of Chapter 110, Preservation of Historic Areas, of the Code of the Village of Penn Yan.
An accessory use which is clearly incidental to or secondary
to the residential use of a dwelling unit and does not change the
character thereof and is carried on wholly within the enclosed walls
of a dwelling unit or accessory building by the proprietor of such
use and other occupants of such dwelling unit and in which not more
than one person not residing in such dwelling is employed.
An institution for the care and treatment of the sick and
injured, equipped with technical facilities and medical, nursing and
other professional and technical personnel necessary for the diagnosis
and treatment of persons suffering from sickness or injury who require
bed care. (Source: Public Health Law § 206-a.)
A building or any part thereof that contains living and sleeping
accommodations for transient occupancy, has a common exterior entrance
or entrances and may or may not include dining facilities. This term
shall not be deemed to include an inn, bed-and-breakfast, boardinghouse
or other such accommodations.
Any completely enclosed recreational use, such as a bowling
alley, billiards parlor, slot-car racing, indoor rock climbing, etc.
Any activity conducted in connection with the manufacture,
assembly, disassembly, fabrication, resource recovery, storage or
processing of materials or products, all or any part of which is marketed
off the premises or marketed to other than the ultimate consumer.
A building containing a single dwelling unit in which more
than four and fewer than 15 sleeping rooms are provided by the owner/occupant
for compensation, for the accommodation of transient guests, with
or without meals.
Any motor vehicle that is without a current registration
of the State of New York, or any other state, and license plates of
the State of New York or any other state attached, or without insurance
and/or current inspection; is old, wrecked, discarded, abandoned,
dismantled or partially dismantled and is in such deteriorated condition
that it cannot be legally operated upon the public highway without
substantial repairs. With respect to any motor vehicle not required
to be licensed or motor vehicles not usually used on public highways,
the fact that such motor vehicle has remained unused for more than
seven days and is not in condition to be moved under its own power
shall be presumptive evidence that such motor vehicle is a junk motor
vehicle.
An area of land with or without buildings used for or occupied
by the storage, keeping, abandonment or salvage of junk material,
including processing, such as sorting, baling, packing, disassembly,
exchange and/or purchase and sale of materials, and including scrap
metals or other scrap and used or salvaged building materials, or
the dismantling, demolition or abandonment of automobiles or other
vehicles, machinery or parts thereof. A lot on which any motor vehicle
that is not licensed and/or is incapable of meeting minimum New York
State motor vehicle inspection standards is stored for a period of
30 days or more shall be considered to meet this definition.
Any use where, on a lot or in a premises for monetary or
other compensation, four or more domestic animals more than four months
of age are kept, housed, harbored, groomed, bred, trained or offered
for sale.
[Amended 1-21-2020 by L.L. No. 1-2020]
Deemed to be separated by a straight line connecting points
situated by the following coordinates pursuant to the 1983 New York
State Plan Central plotting system:
[Added 4-19-2011 by L.L. No. 9-2011]
Any construction or other activity that changes the use or
appearance of land or a structure or the intensity of use of land
or a structure. "Land use activity" shall explicitly include but not
be limited to the following: new structures, expansions to existing
structures, new uses, changes in or expansions of existing uses, roads,
driveways and excavations for the purpose of extracting soil or mineral
deposits.
See "boardinghouse."
A contiguous parcel of land considered as a unit, devoted
to a specific use or occupied by a building or a group of buildings
that are united by a common interest, use or ownership and the customary
accessories and open spaces belonging to the same, and which abuts
and is accessible from a private or public street.
A lot situated at the junction of and adjacent to two or
more intersecting streets when the interior angle of intersection
does not exceed 135°.
See "coverage."
The mean distance from the front street line of a lot to
its rear line.
A lot line which is coincident with the right-of-way line
of a public road or which is measured 20 feet from the center line
of a private road.
The lines bounding a lot, as defined herein.
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
The width of a lot measured along the rear line of the required
front yard.
A structure, transportable in one or more sections, which,
in traveling mode, is eight feet or more in width or 40 feet or more
in length or, when erected on site, is 320 square feet or more in
area and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air-conditioning
and electrical systems contained within.
A parcel of land that has been planned and improved primarily
for the placement of manufactured homes.
Any person, corporation, partnership, association or other
legal entity to which the property is deeded. The contact for the
legal owner shall be as listed on the application for the special
use permit.
A factory-built single-family structure that is manufactured
under the authority of 42 U.S.C. § 5401, the National Manufactured
Housing Construction and Safety Standards Act of 1974, is transportable
in one or more sections, is built on a permanent chassis and is used
as a place of human habitation, but which is not constructed with
a permanent hitch or other device allowing transport of the unit other
than for the purpose of delivery to a permanent site and which does
not have wheels or axles permanently attached to its body or frame.
The Mayor of the Village of Penn Yan.
[Added 3-20-2018 by L.L.
No. 3-2018]
A place where medical or dental care is furnished to persons
on an outpatient basis by five or more physicians who have common
offices in a building that shall also offer laboratory and diagnostic
facilities to patients on an outpatient basis and not just in conjunction
with normal professional services.
A dwelling unit constructed off site, consisting of one or
more segments and designed to be permanently anchored to and supported
by a foundation to become a fixed part of the real estate. Such dwelling
unit shall bear an insignia of approval issued by the State of New
York.
A waterside structure where vessels can be stored, including,
but not limited to, dockage, boat slips, boat stations, boathouses,
boat hoists, marine rail systems and buoys.
[Added 4-19-2011 by L.L. No. 9-2011]
A building or group of buildings containing individual living
and sleeping accommodations for hire, each of which is provided with
a separate exterior entrance and a parking space and is offered for
rental and use principally by motor vehicle travelers. The term "motel"
includes but is not limited to every type of similar establishment
known variously as an "auto court," "motor hotel," "motor court,"
"motor inn," "motor lodge," "tourist court," "tourist cabins" or "roadside
hotel."
One or more commercial uses proposed as a unit or one or more industrial uses proposed as a unit, in pursuant to Article VII of this chapter.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by another person who pays money or any other form of consideration.
The appearance of a human bare buttocks, anus, genitals or
full female breast.
Any place, however designated, operated for the purpose of
providing both daytime care and instruction for two or more children
from two to five years of age, inclusive, and operated on a regular
basis, including kindergartens, day nurseries and day-care centers.
A building containing accommodations for persons where nursing
and convalescent services, including meals, are furnished.
Any space used in a primarily clerical or professional nature,
such as but not limited to insurance, government, real estate, legal,
accounting, tax form preparation, medical or architect business.
An area which is not developed with principal or accessory
structures and which is intended to provide light and air and is designed
for either environmental, scenic or recreational purposes. "Open space"
may include but is not limited to lawns, decorative planting, preservation
of existing natural areas, walkways, active and passive recreation
areas and playgrounds. "Open space" shall not be deemed to include
driveways, roadways or parking areas.
Any equipment, device, unit or apparatus, or part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of providing heat for any interior building space, by combustion of
fuel to produce heat or energy used as a component of a system providing
heat and/or hot water for any such interior building space.
Any tract of privately owned land that is used for the storage
of motor vehicles and is not accessory to any other use on the same
or any other lot and contains parking space rented to the general
public or reserved for a group of individuals by the hour, day, week,
month or year.
Any tract of privately owned land that is used for storage
of motor vehicles and is accessory to a use on another parcel or lot
and contains parking spaces reserved or leased in some manner for
that principal use and not available to the general public.
An off-street space available for the parking of one motor
vehicle and having an area of not less than 162 square feet, exclusive
of passageways and driveways appurtenant thereto and giving access
thereto, and having direct access to a street or alley.
Any privately owned structure in which motor vehicles may
be parked or stored that is not accessory to any other use on the
same lot and contains parking spaces rented to the general public
or reserved for a group of individuals by the hour, day, week, month
or year.
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
A commercial operation, office, store or other place of business
catering to the personal needs of a customer, such as is normally
conducted by a beautician, tailor or dressmaker.
An establishment primarily engaged in the processing of photographic
film.
An establishment primarily engaged in the process or art
of producing images of people or objects through photography.
Land areas for planned business park development allowing for a mix of business, industrial and community facility uses in conformance with Article VII. Residential use is not permitted in a Planned Business Zone.
Land areas that provide for lower-density single-family residential development for hillside and other environmentally sensitive areas in conformance with Article VI.
The Planning Board of the Village of Penn Yan.
[Added 3-20-2018 by L.L.
No. 3-2018]
A roofed structure, attached to and projecting out from the
wall or walls of a building, which may or may not be opened to the
weather.
Any lawfully existing lot, building, structure or use of
a premises which, at the time of enactment of this chapter or any
subsequent amendment thereof, does not conform to the provisions hereof
or the Use Regulation Table after such enactment for the district
in which such use is located.
A lot, together with all the buildings and uses thereon.
An office principally occupied by a licensed professional
such as a physician, dentist, lawyer, engineer, architect, accountant,
insurance or real estate agent or similar occupation.
A facility other than a personal wireless service facility
for the provision of public utility service, including facilities
constructed, altered or maintained by utility corporations, either
publicly or privately owned, or government agencies, necessary for
the provision of electricity, gas, steam, heat, communications, water,
sewage collection and/or treatment or other such service to the general
public. Such facilities shall include poles, mains, drains, sewers,
pipes, conduits, cable, alarms and call boxes and other similar equipment
but shall not include office or administration buildings. For the
purposes of this chapter, personal wireless service facilities, defined
separately in this chapter, shall not be governed by the zoning regulations
that apply to the broader definition of public utility facilities
but shall be governed by the regulation of the Personal Wireless Service
Facilities Overlay District which specifically regulates this category
of public utilities.
RECREATION, COMMERCIALRecreation facilities operated as a business and open to the general public for a fee.
RECREATION, PRIVATEClubs or recreation facilities operated by a nonprofit or private organization and open only to members and their guests.
RECREATION, PUBLICRecreation facilities operated by a governmental entity or any nonprofit organization and open to the general public.
A device for which the sole purpose is to increase the solar
radiation received by a solar collector.
A store or other place of business at which is conducted
the repair of personal customer items, such as shoes, clothing, jewelry,
etc.
A building for experimentation in pure or applied research,
design, development, and/or production of prototype machines or devices
or of new products, and uses accessory thereto, wherein products are
not manufactured primarily for wholesale or retail sale, further wherein
commercial servicing or repair of commercial products is not performed,
and where there is no display of any materials or products.
A building or any part of a building that contains dwelling
units for permanent occupancy. "Residence," therefore, includes all
one-family and multifamily boarding, fraternity and sorority houses.
However, "residence" shall not include the following:
Any establishment that primarily prepares and serves meals
for consumption on the premises or to take away in exchange for a
fee.
An establishment where food and/or beverages are sold in
a form ready for consumption and where, by design or packaging techniques,
all or a significant portion of the consumption can or does take place
outside the confines of the building.
Any establishment, however designated, whose primary use
is the preparation and sale of food for consumption to patrons seated
within an enclosed building or on the premises. However, a snack bar
or refreshment stand at a public or quasi-public community swimming
pool, playground, playfield or park that is operated by an approved
sponsoring group, agency or vendor for the convenience of the patrons
of the facility shall not be deemed to be a restaurant.
A commercial activity characterized by the direct on-premises
sale of goods and/or services within a building to the ultimate consumer,
generally involving stock-in-trade such as is normally associated
with department stores, food markets, boutiques and similar establishments.
Business or commercial use or activity involving primarily
the sale of merchandise or stock-in-trade to the public.
The property under public ownership or easement normally
used for the movement of vehicles and/or persons, including but not
restricted to any pavement area.
A light structure with a roof, either attached to the ground
or movable, not for year-round use, and at which produce is offered
for sale to the general public.
See "boardinghouse."
An antenna the purpose of which is to receive television
and/or radio signals from orbiting satellites.
A public, private or church-affiliated establishment for
the education of children up to and including grade 12 pursuant to
the education laws of the State of New York.
The use of landscape plantings, fences or other structures
to obscure the vision of incompatible land use or to prevent outdoor
lighting and noise from intruding on neighboring property or to create
privacy.
A business used by the general public for the purpose of
washing and/or drying clothing or other fabrics.
For the purposes of any cannabis product or derivative thereof,
"sell" shall mean to provide for compensation, exchange for other
goods or services, give, gift, to dispose of to another, or to offer
or agree to do the same. Further, for the purposes hereof gifting
of any cannabis product or derivative thereof as part of a sale of
any other product or service shall also constitute to "sell."
[Added 11-15-2022 by L.L. No. 12-2022]
A state of dress in which clothing covers no more than the
genitals, pubic region, and/or areolas of the female breast, as well
as portions of the body covered by any supporting straps or devices.[2]
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
A building or group of buildings containing a combination
of three or more separate shops, stores or offices on a single lot,
providing primarily retail services with supporting service and office
establishments.
The mean high-water mark of any lake, pond, river or permanent
stream.
[Added 3-20-2018 by L.L.
No. 3-2018]
Any material, structure or device, or part thereof, composed
of or lettered with pictorial matter or upon which lettered or pictorial
matter is placed when used or located out of doors or outside or on
the exterior of any building, including interior window display area,
for display or advertisement, announcement, notice, directional matter
or name, and includes sign frames, billboards, signboards, painted
wall signs, hanging signs, illuminated signs, pennants, fluttering
devices, projecting signs or ground signs and painted wall surfaces,
and shall also include any announcement, declaration, demonstration,
display, illustration or insignia used to advertise or promote the
interests of any person or business. The term "sign" shall include
but not be limited to an accessory sign, changeable copy sign, illuminated
sign, movable or portable sign, nonaccessory sign, projecting sign
and temporary sign as hereinafter defined.
ACCESSORY SIGNAny sign related to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
CHANGEABLE COPY SIGNA sign with letters or illustrations that can be changed without altering the face or the surface of the sign. Time and temperature or other messages that change more than eight times per day are not considered to be "changeable copy signs."
ERECT A SIGNTo build, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix or maintain any sign or exterior wall painting.
FREESTANDING SIGNAny sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
ILLUMINATED SIGNAny sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light.
MOVABLE OR PORTABLE SIGNA sign capable of being moved or relocated, not permanently attached to the ground or other permanent structure, including portable signs mounted on a chassis and wheels or supported by legs, signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; and signs attached to or painted on vehicles parked and visible from the public right-of-way.
NONACCESSORY SIGNAny sign unrelated to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
PROJECTING SIGNAny sign that projects from the exterior of any building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
SIZE OF SIGNThe square footage of the smallest rectangle that will enclose all elements which form the sign and any integral backing material to which it is attached, including any irregular-shaped and open spaces. The area of one side of a two-sided sign will be the area considered for size limitations.
TEMPORARY SIGNA sign intended to be used for a period of no more than 30 days and not permanently mounted.
Possession of land under single or unified control, whether
by sole. joint, common or other ownership or by a lease having a term
of not less than 10 years, regardless of any division of such land
into parcels for the purpose of financing.
Maps and supporting information required under Article VIII of this chapter.
A device or combination of devices, structure or part of
a device or structure that transforms direct solar energy into thermal,
chemical or electrical energy and that contributes to a structure's
energy supply, together with any components for containing and supporting
such device.
A solar collector, as defined herein, physically detached
from the structure for which solar energy is to be supplied.
A complete design or assembly consisting of a solar energy
collector (herein called a "solar collector"), an energy storage facility
(where used) and components for the distribution of transformed energy
(to the extent that they cannot be used jointly with a conventional
energy system). Passive solar energy systems are included in this
definition, but not to the extent that they fulfill other functions
such as structural and recreational.
A use or activity, that because of its characteristics, is
not permitted as a matter of right in a zoning district but may be
considered on an individual, case-by-case basis by the Planning Board.
In accordance with the provisions of this chapter, the Planning Board
may recommend certain conditions and safeguards, including but not
limited to hours of operation, before such a use is permitted.
A permit, issued by the Planning Board, authorizing a particular
land use, in a particular zoning district, subject to conditions imposed
herein to assure that such use is in harmony with and will not adversely
affect the neighborhood in which it is located.
The male genitals and/or the vulva or more intimate parts
of the female genitals, the male or female anus or the areola and/or
nipple of the female breast.
Activities or depictions that imply or suggest sexual conduct,
including but not limited to:
The human genitals in a state of sexual stimulation
or arousal;
The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus or female breasts;
Sex acts, normal or perverted, actual or simulated,
including but not limited to intercourse, oral copulation or sodomy;
Masturbation, actual or simulated;
Masochism, erotic or sexually oriented torture
or flagellation, beating or infliction of pain;
Erotic touching, fondling or other such contact
between an animal and a human being; or
A structure or building and/or space consisting of 10,000
square feet in area or less, operated and owned by a private or nonprofit
entity, used primarily for playing or practicing one or more sports,
including, but not limited to, skating activities, swimming, gymnasium
activities, baseball, golf, tennis, racquetball, or lacrosse. Accessory
uses within sports facilities may include locker rooms, changing rooms,
training rooms, vending machines and nonalcoholic juice bars. Use
of sports facilities shall be limited to participants or trainees,
coaches, owners and employees of the sport facility.
The part of a building comprised between a floor and the
floor or roof next above it. A basement shall be considered a story.
A cellar shall not be considered a story.
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping roof
at a level not higher above the floor than a distance equal to 1/2
the floor-to-ceiling height of the story below. An attic with a finished
floor shall be considered a half story.
An existing public or private way that affords the principal
means of access to abutting properties and is suitably improved, or
a proposed way shown on the Official Map and recorded in the office
of the County Clerk. (See "alley.")
A street or road designed primarily to provide access to
abutting properties.
Those streets which are parallel to and adjacent to arterial
streets and highways and which provide access to abutting properties
and protection from through traffic.
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic areas.
A drive that services or is designed to serve no more than
two principal uses and is built to Village specifications, that remains
in the ownership of and is maintained by the developer or development
association and is not dedicated to the Village.
A road or street that serves three or more principal uses,
is built to Village specifications and is dedicated to the Village
for maintenance.
A public street that serves or is designed to serve as a
trafficway for a neighborhood or as a feeder to a primary street.
Any change to a structure that is not merely a repair or
replacement of an existing part, or any change that would:
Enlarge or diminish the livable floor area of
the structure or any part thereof;
Change the number of dwelling units contained
in any structure;
Cause a change in the location or height of
the exterior walls or roof of the structure;
Move the structure from one position to another;
Change any exit or entry facilities;
Change or rearrange the structural elements
including bearing walls, beams, girders and/or columns and foundations.
Any object constructed, installed or placed on land to facilitate
land use and development or subdivision of land, such as buildings,
sheds signs and tanks, as well as any fixtures, additions and alternations
thereto.
[Amended 3-20-2018 by L.L. No. 3-2018]
Any structure designed to accommodate an accessory use but
detached from the principal structure, such as a freestanding garage
for vehicles accessory to the principal use, a storage shed, a garden
house or a similar structure.
[Added 3-20-2018 by L.L.
No. 3-2018]
An artificial body of water capable of having a depth at
any point of more than 24 inches, designed or capable for the purpose
of bathing, swimming and/or other uses by humans and including all
associated equipment and/or accoutrements, patios, decks and sidewalks
adjacent or related thereto.
[Amended 12-15-2020 by L.L. No. 3-2021]
A swimming pool operated as an accessory use to a residential
dwelling unit or units and located on an individual residential lot
or site.
A public or privately owned pool open to the general public
or to individuals on a membership basis and having appropriate dressing
room facilities and recreation and off-street parking areas.
A structure or part of a structure used for the viewing of
motion pictures, stage productions or other performing arts, usually
with fixed seating.
A building consisting of three or more attached single-family
dwelling units, each having separate entrances and common vertical
party walls. (See also "building, semidetached.")
A change affecting a lot, building or use which includes
any of the following:
The sale, lease or sublease of a lot, building,
any portion thereof or the use thereof; or
The transfer of securities that constitute a
controlling interest in a lot, building, portion thereof or the use
thereof, whether by sale, exchange or similar means; or
The establishment of a trust, gift or other
similar legal device, that transfers the ownership or control of a
lot, building, portion thereof or the use thereof.
A registered vehicle which is used or designed to be used
for seasonal and/or temporary living or sleeping purposes and which
is customarily standing on wheels or rigid supports. A recreational
vehicle (RV) is also considered a travel trailer.
A building or part of a building or premises for the storage
and/or transfer of goods, wares and merchandise for the owner or others
by truck transport.
Wood that has been milled and kiln dried but which has not
been treated or combined with any petroleum product, chemical preservatives,
glue, adhesive, stain, paint or other substance.
This term is employed in referring to:
The main or primary purpose for which a building, other structure
and/or lot is designed, arranged or intended or for which it may be
used, occupied or maintained under this chapter.
A premises, including open areas other than a street or way,
and enclosed showrooms for the display and sale of new or used automobiles,
trucks, trailers, motorcycles, boats and/or recreational vehicles.
A building for the treatment of animal illness, including
facilities for boarding animals receiving treatment.
The Village of Penn Yan, an incorporated Village in the County
of Yates and State of New York.
A building or premises for the storing of goods, wares and
merchandise, whether for the owner or for others, whether publicly
or privately owned or used.
Facilities for the hauling, launching, dry storage and dry
sailing of boats; facilities for building, repairing and maintaining
boats, marine engines and other marine equipment up to 150 tons; and
recreation facilities that depend on access to water (e.g., beach
and/or yacht clubs).
Uses which are not directly dependent upon access to a water
body but which provide goods or services that are directly associated
with water-dependent land or waterway use, and which, if not located
adjacent to water, would result in a public loss of quality in the
goods or services offered and prevent the business's economic viability.
[Added 4-19-2011 by L.L. No. 9-2011]
A thoroughfare, however designated, permanently established
for the passage of persons or vehicles.
Any structure extending to the shoreline which is out into,
over, or along the immediate edge of water, whose purpose is providing
riparian access, and which is built parallel with the shoreline.
[Added 4-19-2011 by L.L. No. 9-2011]
A business establishment engaged in selling to retailers
or jobbers rather than directly to consumers.
Any mechanical device designed for the purpose of converting
wind energy into electrical or mechanical power.
An open area extending the full width of the lot between
the street right-of-way and the building line projected to the side
lot lines.
[Amended 4-19-2011 by L.L. No. 9-2011]
An open area extending the full width of the rear lot line
situated between the rear lot line and the building line projected
to the side lot lines.
[Amended 4-19-2011 by L.L. No. 9-2011]
That portion of the open area of a lot extending open and
unobstructed from the ground upward, along a lot line for a setback
depth or width as specified by the bulk regulations of the district
in which the lot is located. No part of such yard shall be included
as part of a yard or other open space similarly required for buildings
on another lot.
An open area extending between the building line and the
side line of a lot and extending from the front yard rear line (or
from the front lot line, if there is no required front yard) to the
rear yard front line (or to the rear lot line if there is no required
rear yard).
An open area extending the full width of the lot between
the mean high water line or public walking trail and the building
line projected to the side lot lines.
[Added 4-19-2011 by L.L. No. 9-2011]
An open area extending the full width of the rear lot between
the rear lot line and the building line projected to the side lot
lines.
[Added 4-19-2011 by L.L. No. 9-2011]
