Pursuant to the authority and power granted
under § 20 of the General City Law and § 10 of
the Municipal Home Rule law of the State of New York, and all amendments
thereto, the City Council of the City of Jamestown, County of Chautauqua,
State of New York, hereby ordains, enacts and publishes the following
law which establishes a Comprehensive Zoning Ordinance for the City
of Jamestown by dividing the territory thereof into certain zoning
use districts and prescribing regulations and standards for buildings
and other structures and the use of land therein.
This chapter shall be known and cited as the
"Zoning Ordinance of the City of Jamestown, New York."
A.Â
It is the purpose and intent of this chapter to require
that all future public and private development within the City of
Jamestown be required to conform to the regulations of this chapter
for the purpose of promoting public health, safety and general welfare
and prescribing the most desirable use for the land in each district
while conserving the value of land throughout the City. The following
are hereby restricted and regulated as hereinafter provided: the height,
bulk and location of buildings and other structures; the area of yards,
courts, setbacks and other open spaces; the density of population
and intensity of use of buildings and land; the use, conservation
and development of unique waterfront areas; the use of structures
and land for residential, recreational, industrial, commercial, institutional
or other purposes.
B.Â
Such regulations have been designed to preserve open
space; lessen congestion in the streets; secure safety from fire,
flood and other dangers; provide adequate light, air and convenience
of access; and facilitate the adequate provision of transportation,
water, sewage, schools, parks and other public services. Such regulations
have been made with reasonable regard, among other things, to the
character of each district and its suitability for particular uses
as well as the value of buildings, land and uses to promote the most
appropriate use of land throughout the City of Jamestown.
C.Â
The regulations contained in this chapter have been
made in accordance with the City of Jamestown Comprehensive Plan as
adopted and certified as being the Official Comprehensive Plan of
the City by resolution of the Jamestown City Council dated April 13,
1998.
If any section, subsection, phrase, sentence
or other portion of this chapter is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions
of this chapter.
The following rules of language construction
shall apply to the text of this chapter:
A.Â
Words used in the present tense include the future
tense.
B.Â
Words used in the singular include the plural, and
words used in the plural include the singular.
C.Â
The word "lot" includes the word "plot" or "parcel."
D.Â
The word "person" includes an individual, firm or
corporation.
E.Â
The word "shall" is always mandatory.
F.Â
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."
G.Â
Any reference to an "R District" shall be interpreted
to mean any district with the prefix letter "R."
H.Â
A "building" or "structure" includes any part thereof.
I.Â
Any reference to a "C District" shall be interpreted
to mean any district with the prefix letter "C."
J.Â
Any reference to an "M District" shall be interpreted
to mean the "L-M" and "M" Districts.
K.Â
"And" indicates that all connected items, conditions,
provisions or events shall apply.
L.Â
"Or" indicates that the connected items, conditions,
provisions or events may apply singly or in any combination.
M.Â
"Either ... or" indicates that the connected items,
conditions, provisions or events may apply singly but not in any combination.
For the purpose of this chapter, certain terms
or words used herein shall be interpreted or defined as follows:
A use or structure customarily incidental and subordinate
to the principal use or building and (except as otherwise provided)
located on the same lot with such principal use or building.
Any establishment or use which meets any of the following
definitions:
ADULT ENTERTAINMENT ESTABLISHMENTSAn establishment which presents topless or bottomless performers or similar types of entertainment which excludes any minor by reason of age.
ADULT BOOK OR VIDEO STORESAn establishment which as its primary function includes the sale or rental of materials which can not be viewed, purchased or rented by any minor by reason of age.
ADULT THEATER OR PEEP SHOWAn establishment which presents material in the form of films, videotapes or live shows which cannot be viewed by any minor by reason of age.
ADULT MASSAGE PARLORAn establishment where massages are administered for pay. This definition shall not be construed to include any licensed physical therapist, duly licensed massage therapist, hospital, physician, medical clinic, chiropractor, nursing homes or barber shops or beauty salons of which massages are administered only to the scalp, face, neck or shoulders. This definition shall also exclude health clubs which have facilities for physical exercise as their primary function.
ADULT MOTELA hotel or motel which excludes minors by reason of age.
A use which has as its primary function the cultivation and
harvesting of crops, the grazing of livestock or other farm animals
and/or the breeding of undomesticated animals.
Any change, rearrangement or addition to or any relocation
of a building or structure.
Any area under a roof, with or without a finished floor,
which does not meet other requirements for livable floor area.
Any area which facilitates vehicular traffic by means of
parking, ingress, egress, access, loading space, driveways, maneuvering
space or drive-through areas.
A billboard consisting of two sign facings oriented in opposite
directions.
[Added 2-28-2005]
A temporary sign intended to be hung either with or without
a frame, possessing characters, letters, illustrations, or ornamentations
applied to paper, plastic or fabric of any kind.
[Added 2-28-2005]
An owner-occupied, single-family dwelling used for providing
overnight accommodations and a morning meal to not more than 10 transient
lodgers, containing at least three but not more than five bedrooms
for such lodgers. The maximum length of stay for the transient lodgers
is 14 days. All requirements of the New York State Uniform Fire Prevention
and Building Code must be complied with.
[Added 12-16-2002]
A sign which advertises a business, product or service which
is not located on premises. Also referred to as an "off-premises outdoor
advertising sign."
[Amended 2-28-2005; 12-23-2008]
Any business, including, but not limited to, those providing
tattoo art and piercing services, at which the public can be provided
the service of obtaining expressive body modification.
[Amended 6-15-2020]
A combination of any materials, whether portable or fixed,
having a roof to form a structure affording shelter for persons, animals
or property, but not a trailer.
A building separated on all sides from the adjacent open
area or from other buildings or other structures by a permanent roof
and by exterior walls or party walls pierced only by windows or normal
entrance or exit doors.
The vertical distance measured from the average elevation
of the proposed finished grade of the building to the highest point
of the roof for flat roofs and to the mean height between the leaves
and the ridge of gable, hip, mansard, pitch or gambrel roofs. For
the purpose of determining the maximum permitted height for principal
buildings, such measurement shall be made from the average finished
grade at the front setback. For the purpose of side yard or rear yard
determination, such measurement shall be made from the average finished
grade of the wall extending along said side yard or rear yard.
Any tower which serves as a conduit for transmitting cellular
phone signals.
Privately or publicly owned land used for the cultivation
of fruits, vegetables, plants, flowers, or herbs by multiple users.
Community gardens may be divided into separate plots for cultivation
by one or more individuals or may be farmed collectively by members
of the group and may include common areas maintained or used by group
members. A source of water must be provided. A community garden must
have liability insurance by the property owner or community garden
operator.
[Added 6-24-2013]
A business of photocopying and duplication. Such business
shall not include, as its primary means of reproduction, the utilization
of industrial printing presses.
Any use which has as its primary function the temporary daytime
care of persons.
Banners designed for long-term use that are not intended
to act as signage to advertise a specific business or the sale of
a specific product. Decorative banners may, however, contain sponsor
tags, if they are part of a formally approved program by the City
Council.
[Added 2-28-2005]
A billboard with two adjacent faces oriented in the same
direction and not more than 10 feet apart at the nearest point between
the two faces.
[Added 2-28-2005]
An external customer service area which can be attached or
standing alone in any commercial or manufacturing zone. A drive-through
facility is composed of two parts: the stacking lane and the service
area. The stacking lane is the space occupied by vehicles queuing
for service to be provided. The service area is the space where the
service is provided.
An automotive use area which serves as a means of ingress
or egress to any use.
A building used as the living quarters for one or more families,
but not including a building of mixed occupancy. (See definition of
"mixed occupancy" below.)
SINGLE-FAMILY DWELLINGA building containing one dwelling unit and designed or used exclusively for occupancy by one family.
TWO-FAMILY DWELLINGA building containing two dwelling units and designed or used exclusively for occupancy by two families living independently of each other, or two one-family dwellings having a party wall in common.
MULTIFAMILY DWELLINGA building containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
A group of two or more dwellings located on the same lot
and having any yard or open space in common.
One or more rooms designed for occupancy by one family for
cooking, living and sleeping purposes.
Any antenna the purpose of which is to receive communication
or other signals from orbiting satellites or other extraterrestrial
sources, or from other earth stations or dish antennas, along with
associated equipment to receive, magnify, interpret and transfer such
signals.
An increase in floor area of an existing building or an increase
in the area of land used for an existing open use.
An increase in the amount of existing floor area used for
an existing use in an existing building.
The principle face of a building fronting the street(s) of
direct access, not including the roofline or roof area.
One or more persons living together in one dwelling unit
and maintaining a common household, including domestic servants and
gratuitous guests, together with boarders, roomers or lodgers not
in excess of the number allowed by this Code as an accessory use.
That portion of a lot extending between the side property
lines and situated on the front yard property line.
A private garage which is structurally attached to a principal
building and which has livable floor area adjoining one or more walls
thereof.
An accessory building or portion of a main building used
for the storage of self-propelled vehicles used by the occupants of
the premises and which may include space for not more than one passenger
vehicle used by others.
Any garage, other than a private garage or gasoline service
station, which is used for the storage, repair, rental, greasing,
washing, servicing, adjusting or equipping of automobiles or other
motor vehicles.
Any area of land, including structures thereon, that is used
primarily for the sale of gasoline or other motor vehicle fuel. Accessory
uses may include the sale of oil, other lubricating substances or
motor vehicle accessories or facilities for lubricating, for washing,
the incidental replacement of parts or for motor service to passenger
automobiles or trucks not exceeding 1Â 1/2 tons' rated capacity,
but shall not include general repair, the rebuilding or reconditioning
of engines, motor vehicles or trailers or collision service, body
repair, frame straightening, painting, undercoating, vehicle steam
cleaning or upholstering.
The property of a single-family or multifamily residence
used for the cultivation of fruits, vegetables, plants, flowers, or
herbs by the residents of the property, or a gardening business hired
by the property owner.
[Added 6-24-2013]
Any use customarily conducted entirely within a dwelling
and carried on only by the residents thereof and which is clearly
incidental and secondary to the use of the dwelling for living purposes
and does not change the character thereof, provided that:
Only customary home appliances are used;
There is no exterior evidence of such home occupation
other than a permitted identification sign;
Said home occupation shall not have customer
clientele visiting the premises on a regular basis;
No article is sold or offered for sale except
such as may be produced by members of the family residing on the premises;
and
Any use first permitted in the C District or
M District shall not be interpreted as being a home occupation.
A building containing sleeping rooms, which lodging is provided
primarily for transient guests for compensation and which may include
public dining facilities.
The maintenance of a place where junk, waste or discarded
or salvaged materials are bought, sold, exchanged, sorted, stored,
baled, packed, disassembled, handled or abandoned, but not including
pawnshops, antique shops or establishments for the sale, purchase
or storage of used furniture, household equipment, clothing, used
motor vehicles capable of being registered or machinery to be reused
for the purpose for which originally manufactured.
The keeping of more than two dogs that are more than six
months old for the purpose of grooming, breeding, boarding, training
or sales.
A parcel of land occupied or capable of being occupied by
a principal building or use or a group of principal buildings or uses
that are united by a common interest or customary accessory buildings
or uses, and including such open spaces to be used in connection with
such buildings or uses. A "lot" may or may not be a lot of record.
A lot at the junction of and fronting on two or more intersecting
streets.
The mean horizontal distance between the front and rear lot
lines.
A lot other than a corner lot.
Where a lot abuts upon only one street, the lot line along
such street shall be the front lot line. Where a lot line abuts upon
more than one street, the assessment roll of the municipality shall
determine the front lot line.
Any lot line which is opposite and more or less parallel
with the front lot line. In the case of a lot which comes to a point
at the rear, the rear lot line shall be an imaginary line, 10 feet
in length, entirely within the lot, parallel to and most distant from
the front lot line.
The property lines bounding the lot. Where a lot abuts a
street or is partly contained in a street, the lot line shall be deemed
to be a line drawn parallel to the center line of the street and 30
feet distance therefrom measured at right angles thereto.
Any lot line which is not a front lot line or a rear lot
line.
A lot in which the front lot line and rear lot line abut
a street.
The least horizontal distance across the lot between side
lot lines, measured at the front setback of a main building erected
or to be erected on such lot or at a distance from the front lot line
equal to the required depth of the front yard.
Any manufacturing use which is wholly contained within an
enclosed building and will not produce odors, chemicals, dust, smoke,
gases, noises or vibrations beyond the limits of the walls of an enclosed
building. Such use shall not have an adverse impact on the surrounding
area or environment nor be a menace to public health or safety.
Occupancy of a building in part as the living quarters for
one or more families and in part for some other use not accessory
thereto. For the purpose of determining off-street parking requirements,
that part of such building used as living quarters shall be considered
as dwellings.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing accessory
off-street parking facilities. The term "motel" includes buildings
designated as motor lodges, auto courts and similar appellations.
A picture, design or decorative treatment painted on or otherwise
adhered to and covering a large portion of a wall surface, including
sculpture and sculptural treatments of solid elements for the purpose
of this definition.
[Added 2-28-2005]
A building having public significance by reason of its architecture
or former use or occupancy and/or a building serving as a repository
for natural, scientific, historical, artistic, cultural or literary
collections or objects of interest, or works of art, and arranged,
intended and designed to be used by members of the public for viewing
which may include as accessory uses, theaters, restaurants and/or
the sale of goods to the public as gifts or for their own use.
[Added 4-27-2015]
Any lawful building or structure or any lawful use of land,
premises, buildings or structures which does not conform to the regulations
of this chapter for the district in which such building, structure
or use is located either on the effective date of this chapter or
as a result of subsequent amendments hereto.
Any building where persons are housed or lodged and furnished
with meals and nursing care for hire.
An off-premises advertising sign is an identification, description
or illustration which directs attention to a product, person, business,
or service not offered or sold as the primary use, business, or activity
on the premises where it is located.
[Added 12-23-2008]
A business of commercial printing, where the primary instrument
of printing is an industrial printing press.
Any property line which abuts a street, private drive or
cul-de-sac.
Any property line which does not abut a street, private drive
or cul-de-sac.
The replacement or renewal, excluding additions, of any part
of a building, structure, device or equipment with like or similar
materials or parts for the purpose of maintenance of such building,
structure, device or equipment.
A temporary storage space, exclusive of street area or required
parking spaces, for a vehicle waiting for service or admission.
An eating establishment whose customers are normally provided
with quick food and drink service and may retire outside of the principal
building to consume their purchase.
An eating establishment where the products sold are consumed
within a completely enclosed building, the taking out of food or drink
from said building is purely incidental and the consumption of food
and/or drink in vehicles on the premises on which said building is
located is prohibited.
The least distance from any existing or proposed building
or structure to the nearest point in an indicated property line.
Any structure or part thereof, or any device which is attached
to, painted on or represented on a building or other structure which
includes any representation used for the purpose of announcing, directing,
advertising or directing attention to any business, product, service
or opinion. However, a "sign" shall not include any flag, pennant
or insignia representing noncommercial copy.
A moving or animated sign or any illuminated sign on which
the artificial or reflected light is not maintained stationary and
constant in intensity or color at all times when in use. Any revolving
illuminated sign shall be considered a flashing sign.
Any sign designed to give forth any artificial light or designed
to reflect light from one or more sources, natural or artificial.
An authorization of a particular land use which is permitted
by specific reference in this chapter subject to requirements or conditions
which assure that the proposed use is in harmony with the intent of
this chapter and will not adversely affect the surrounding neighborhood.
That portion of a building between the surface of any finished
floor and the surface of the finished floor next above it or, if there
is no floor above it, then the space between any floor and the ceiling
next above it.
Any road, avenue, land, alley or other way which is an existing
public way or which is shown on an approved plat, or any private right-of-way
or easement approved by the City Council.
Any street from which a property can be accessed by vehicular
traffic.
Any change in the supporting members of a building or other
structure, such as bearing walls, columns, beams or girders.
Anything constructed or erected which requires permanent
location on the ground or attachment to something having such location,
but not including a trailer.
A vehicle used for living or sleeping purposes, standing
on wheels or on rigid supports.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
A billboard, which consists of two separate facings placed
at angles to each other oriented in different directions at an angle
not to exceed 45°.
[Added 2-28-2005]
That portion of a lot extending open and unobstructed from
the ground upward.
A yard extending between the side lot lines and situated
between the property line and the front line of the principal building
or use projected to the side line of the lot.
That portion of a rear yard of a through lot extending along
an exterior property line for a depth equal to a required front yard.
Any front yard equivalent shall be subject to the regulations of this
chapter which apply to front yards.
A yard extending between the side lot lines and situated
between the rear lot line and the rear line of the principal building
or use projected to the side lot lines; on a corner lot, a yard extending
between the interior side lot line and the exterior side yard and
situated between the rear lot line and the rear line of the principal
building or use projected to such interior side lot line and exterior
side yard.
A yard having a depth or width set forth in the applicable
district regulations. Such width or depth shall be measured perpendicular
to lot lines.
A yard extending between the front yard and the rear yard
and situated between the side lot line and the adjacent side line
of the principal building or use; on a corner lot where a side lot
line abuts a street, a yard extending between the front yard and the
rear lot line and situated between the side lot line and the side
line of the principal building or use projected to the rear lot line.
EXTERIOR SIDE YARDA side yard abutting a street.
INTERIOR SIDE YARDA side yard abutting on a lot line of an adjoining lot.
