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.
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.
Wherever a side or rear yard is adjacent to
a street, the standards for front yards shall apply.
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.
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.
Side yards for semidetached, townhouse or multifamily
dwelling units, where permitted, shall be required at the ends of
the total structure only.
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).
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.
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.
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.
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.
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.
