A.
The City of Jamestown is hereby divided into the following
zoning districts:
L-C
|
Land Conservation
| |
R-1
|
Single-Family Residential
| |
R-2
|
Two-Family Residential
| |
R-C
|
Multiple-Family Residential and Professional
Office
| |
C-1
|
Neighborhood Commercial
| |
C-2
|
Community Commercial
| |
C-3
|
Central Business - Downtown
| |
C-4
|
Central Commercial
| |
C-M
|
Service and Highway Commercial
| |
L-M
|
Light Manufacturing
| |
M
|
Manufacturing
|
B.
Wherever districts are referred to as "more restrictive"
or "less restrictive," the designation shall refer to the order in
which the districts are named above with the first being the most
restrictive.
The boundaries of districts set forth in this
article are hereby established as shown on the Zoning Map, which with
all explanatory matter thereon is hereby declared to be a part of
this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file and
available for inspection in the office of the City Clerk/Treasurer.
Where uncertainty exists with respect to the
boundaries of any of the aforesaid districts as shown on the Zoning
Map of the City of Jamestown, the following rules shall apply:
A.
Where district boundaries are indicated as approximately
following the center line of streets, such center lines shall be construed
to be such boundaries.
B.
Where district boundaries are so indicated that they
approximately follow lot lines, such lot lines shall be construed
to be said boundaries.
C.
Where district boundaries are so indicated that they
are approximately parallel to center lines of streets, such boundaries
shall be construed as being parallel thereto and at such distance
as indicated on the Zoning Map. If no distance is given, such dimension
shall be determined by the use of the scale shown on said Zoning Map.
The purpose of the Land Conservation District
is to preserve and protect those areas where the substantial development
of land in the form of buildings or structures is not desirable because
of special or unique conditions of the topography and/or the environment.
Use regulations are as follows:
A.
Permitted principal uses or structures:
Use regulations in the R-1 District are as follows:
A.
Permitted principal uses or structures:
(1)
Single-family dwellings.
(2)
Churches or similar places of worship, parish
houses, convents, rectories or parsonages.
(3)
Public or private nonprofit, elementary or secondary
schools accredited by the New York State Department of Education.
(4)
Parks, playgrounds, athletic fields, marinas,
game preserves and other similar uses (including usual accessory buildings).
(5)
Any educational and/or charitable not-for-profit
institute or corporation chartered or otherwise accredited by the
University of the State of New York Education Department for the purpose
of research, teaching or study of natural history, wildlife, ecology
and related subject areas.
(6)
Continuation of agricultural operations in existence
at the time of the passage of this chapter, provided that no odor
or dust-producing operations be conducted within 100 feet of any adjacent
property line. New agricultural operations other than the cultivation
of crops shall be prohibited as shall the housing of barn animals,
including but not limited to cows, horses, pigs, goats, sheep, chickens,
ostriches and other similar livestock.
B.
Permitted accessory uses or structures (except as noted in § 300-0317):
(1)
Private garages for the use of residents of
the premises, including the leasing of space to a nonresident of the
premises for not more than one noncommercial vehicle.
(3)
One commercial vehicle driven by the residents
may be stored on the premises only within a completely enclosed building.
(4)
Private family swimming pools pursuant to the
New York State Uniform Fire Prevention and Building Code.
(6)
Storage of one camp trailer (not including mobile
homes); or one utility trailer; or one boat owned by the occupant
of the premises for personal use, provided that:
(7)
Dog runs, provided that they are not located
in a front yard.
C.
Bulk and setback regulations (except as noted in § 300-0315):
R-1 Single-Family Residential District
| |||
---|---|---|---|
Description
|
Use Regulation
| ||
Minimum lot area
| |||
Single-family dwellings
|
8,000 square feet
| ||
All other buildings
|
10,000 square feet
| ||
Minimum lot width
|
70 feet
| ||
Minimum front yard
|
25 feet
| ||
Minimum side yards
| |||
Dwellings and accessory structures
|
10% of the lot width (but no less than 5 feet)
for each side yard
| ||
All other buildings
|
30 feet for each side yard
| ||
Minimum rear yard
|
25% of the lot depth, but no less than 25 feet
| ||
Maximum height of buildings
|
35 feet
|
Use regulations in the R-2 District shall be
as follows:
C.
Bulk and setback regulations (except as noted in § 300-0315):
R-2 Two-Family Residential District
| |||
---|---|---|---|
Description
|
Use Regulation
| ||
Minimum lot area
| |||
Single-family dwellings
|
8,000 square feet
| ||
Two-family dwellings
|
10,000 square feet
| ||
All other buildings
|
10,000 square feet
| ||
Minimum lot width
|
70 feet
| ||
Minimum front yard
|
25 feet
| ||
Minimum side yards
| |||
Dwellings and accessory structures
|
10% of the lot width (but no less than 5 feet)
for each side yard
| ||
All other buildings
|
30 feet for each side yard
| ||
Minimum rear yard
|
25% of the lot depth, but no less than 25 feet
| ||
Maximum height of buildings
|
35 feet
|
Use regulations in the R-C District shall be
as follows:
A.
Permitted principal uses and structures:
(1)
As permitted and regulated in R-2 Districts.
(2)
Multifamily dwellings.
(3)
Boardinghouses or rooming houses, only after
obtaining a special use permit from the Zoning Board of Appeals.
(4)
Nursing or convalescent homes, only after obtaining
a special use permit from the Zoning Board of Appeals.
(5)
Mortuaries.
(6)
Medical or professional office buildings.
(7)
Barbers and beauty salons.
(8)
Telephone exchanges.
(9)
Art, dance, music, photography and health studios.
(10)
Opticians and optometrists.
(11)
Travel bureau.
(12)
Day-care center.
(13)
Nonretail computer information business.
(14)
Meeting rooms for private clubs and fraternal
organizations.
(15)
Nonprofit institutions for charitable, cultural
or community social purposes.
(16)
Hospitals, provided that the minimum lot area
is at least one acre and that no such use is conducted within 50 feet
of any street or lot line.
(17)
New York State licensed massage therapist.
(18)
Public parking lots.
(20)
Body art facilities.
[Added 6-15-2020]
C.
Bulk and setback regulations (except as noted in § 300-0315):
R-C Multifamily Residential District and
Professional Office District
| |||
---|---|---|---|
Description
|
Use Regulation
| ||
Minimum lot area
| |||
Single-family dwellings
|
6,000 square feet
| ||
Two-family dwellings
|
8,000 square feet
| ||
Multifamily dwellings
|
8,000 square feet for the first two dwelling
units and 1,500 square feet for each additional dwelling unit
| ||
All other buildings
|
8,000 square feet
| ||
Minimum lot width
|
60 feet
| ||
Minimum front yard
|
25 feet
| ||
Minimum side yards
| |||
Dwellings and accessory structures
|
10% of the lot width (but no less than 5 feet)
for each side yard
| ||
All other buildings
|
15 feet for each side yard
| ||
Minimum rear yard
|
25% of the lot depth, but no less than 25 feet
| ||
Maximum height of buildings
|
35 feet
|
A.
Permitted principal uses and structures:
(1)
As permitted and regulated in the R-C District.
(2)
General business offices.
(3)
Personal service establishments, including but
not limited to shoe repair, laundromats and dry-cleaning.
(4)
Retail uses when conducted within a completely
enclosed building, but not included by general reference uses specifically
listed in C-2, C-3, C-4 and C-M Districts.
(5)
Computer, radio or television sales or repair
shops.
(6)
Banks or credit unions.
(7)
Copy centers.
(8)
Commercial swimming pools pursuant to Chapter 265 of the City Code and the New York State Uniform Fire Prevention and Building Code.
(9)
Bed-and-breakfast establishments.
[Added-12-16-2002]
B.
Permitted accessory uses or structures (except as noted in § 300-0317):
(1)
As permitted and regulated in R-C Districts.
(2)
Coffee or snack bars in conjunction with retail
sales.
(3)
Manufacturing and processing of articles incidental
to the conduct of retail businesses lawfully conducted on the premises,
provided that:
(a)
All such articles are sold on the premises;
(b)
Not more than four persons are engaged in such
manufacturing or processing at any one time in any one establishment;
and
(c)
Such activity shall not produce offensive fumes,
odors, noise, vibration, heat, glare or dust outside the walls of
the building.
C.
Bulk and setback regulations (except as noted in § 300-0315):
C-1 Neighborhood Commercial District
| |||
---|---|---|---|
Description
|
Use Regulation
| ||
Minimum lot area
| |||
Single-family dwellings
|
6,000 square feet
| ||
Two-family dwellings
|
8,000 square feet
| ||
Multifamily dwellings
|
8,000 square feet for the first two dwelling
units and 1,500 square feet for each additional dwelling unit
| ||
All other buildings
|
As regulated by setback, open space and off-street
parking requirements
| ||
Minimum lot width
|
As regulated by setback, open space and off-street
parking requirements
| ||
Minimum front yard
|
25 feet
| ||
Minimum side yards
| |||
Dwellings and accessory structures
|
10% of the lot width (but no less than 5 feet)
for each side yard
| ||
All other buildings
|
6 feet for each side yard
| ||
Minimum rear yard
| |||
Dwellings and accessory structures
|
25 feet
| ||
All other buildings
|
10 feet except that where a rear yard abuts
a lot in an R District, it shall be at least 30 feet
| ||
Maximum height of buildings
|
40 feet
|
Use regulations in the C-2 District shall be
as follows:
A.
Permitted principal uses or structures:
(1)
Uses as permitted and regulated in C-1 Districts.
(3)
Restaurants.
(4)
Printing establishments.
(5)
Hotels and motels.
(6)
Nonpublic schools operated for a profit.
(7)
Bowling alleys.
(8)
Theaters.
(9)
Unrestricted retail sales, but not including
by general reference use specifically listed in the C-M District.
C.
Bulk and setback regulations (except as noted in § 300-0315):
C-2 Community Commercial District
| |||
---|---|---|---|
Description
|
Use Regulation
| ||
Minimum lot area
| |||
Single-family dwellings
|
6,000 square feet
| ||
Two-family dwellings
|
8,000 square feet
| ||
Multifamily dwellings
|
8,000 square feet for the first two dwelling
units and 1,500 square feet for each additional dwelling unit
| ||
All other buildings
|
As regulated by setback, open space and off-street
parking requirements
| ||
Minimum lot width
|
As regulated by setback, open space and off-street
parking requirements
| ||
Minimum front yard
|
15 feet
| ||
Minimum side yards
| |||
Dwellings and accessory structures
|
10% of the lot width (but no less than 5 feet)
for each side yard
| ||
All other buildings
|
6 feet for each side yard except that where
a side yard abuts a lot in an R District, it shall be at least 30
feet
| ||
Minimum rear yard
| |||
Dwellings and accessory structures
|
25 feet
| ||
All other buildings
|
10 feet except that where a rear yard abuts
a lot in an R District, it shall be at least 30 feet
| ||
Maximum height of buildings
|
40 feet
|
Use regulations in the C-3 District shall be
as follows:
A.
Permitted principal uses and structures:
(1)
As permitted and regulated in C-2 Districts.
(2)
Computer and data processing establishments.
(3)
Television and radio stations.
(4)
Bus or railroad passenger terminals.
(5)
Newspaper plants.
(6)
Sports arenas.
(7)
Auditoriums.
(8)
Convention centers.
(9)
Museums.
(10)
Art galleries.
(11)
Libraries.
(12)
All other public assembly places.
(13)
Light manufacturing and warehousing only after
obtaining a special use permit from the Zoning Board of Appeals.
(14)
Residential uses shall not be permitted on the first floor of
any mixed occupancy structure.
[Added 1-30-2017]
C.
Bulk and setback regulations (except as noted in § 300-0315):
C-3 Central Business District - Downtown
| ||
---|---|---|
Description
|
Use Regulation
| |
Minimum lot area
|
None
| |
Minimum lot width
|
None
| |
Minimum front yard
|
None
| |
Minimum side yards
|
None, except that where there is one it shall
be six feet, and where a side yard abuts a lot in an R District, it
shall be 30 feet for each side yard
| |
Minimum rear yard
|
None
| |
Maximum height of buildings
|
100 feet
|
Use regulations in the C-4 District shall be
as follows:
A.
Permitted principal uses and structures:
C.
Bulk and setback regulations (except as noted in § 300-0315):
C-4 Central Commercial District
| |||
---|---|---|---|
Description
|
Use Regulation
| ||
Minimum lot area
| |||
Single-family dwellings
|
6,000 square feet
| ||
Two-family dwellings
|
8,000 square feet
| ||
Multifamily dwellings
|
8,000 square feet for the first two dwelling
units and 1,500 square feet for each additional dwelling unit
| ||
All other buildings
|
10,000 square feet
| ||
Minimum lot width
|
As regulated by setback, open space and off-street
parking requirements
| ||
Minimum front yard
|
15 feet
| ||
Minimum side yards
| |||
Dwellings and accessory structures
|
10% of the lot width (but no less than 5 feet)
for each side yard
| ||
All other buildings
|
6 feet for each side yard except that where
a side yard abuts a lot in an R District, it shall be at least 30
feet
| ||
Minimum rear yard
|
10 feet except that where a rear yard abuts
a lot in an R District, it shall be at least 30 feet
| ||
Maximum height of buildings
|
None, except that buildings over 50 feet in
height shall include a front yard, ground-level open space of 10%
of the lot area. Such space may be paved or landscaped and contain
decorative structures such as benches, fountains, etc.
|
A.
Permitted principal uses or structures:
(1)
Uses as permitted and regulated in C-4 Districts,
provided that all nonresidential uses have their primary orientation
toward a major street or highway, and in no case shall such uses have
their orientation solely on a side street. Furthermore, light manufacturing
and warehousing uses are permitted only after obtaining a special
use permit from the Zoning Board of Appeals.
(2)
The following principal uses, provided that
their primary orientation is toward a major street or highway, and
in no case shall such principal uses have their orientation solely
on a side street:
(a)
Motor vehicle sales and service.
(b)
Boat and marine sales and service.
(c)
Custom shops for electrical, heating, plumbing
and woodworking.
(d)
Amusement enterprises not conducted within a
completely enclosed building.
(e)
Commercial greenhouses or nurseries.
(f)
Bottling works for milk or soft drinks.
(g)
Wholesale bakery plants.
(h)
Dry-cleaning plants.
(i)
Laundry plants, as distinguished from pickup
stations.
(j)
Car washes, provided that a minimum of five
usable reservoir spaces are furnished for each rack or lane.
(k)
Implement and tool rental, sales, storage and
service; provided, however, that abandoned, wrecked or unusable implements
or tools shall be considered junk and shall be stored in a completely
enclosed building or come under junkyard regulations in the M Manufacturing
District.
C.
Bulk and setback regulations (except as noted in § 300-0315):
C-M Service and Highway Commercial District
| |||
---|---|---|---|
Description
|
Use Regulation
| ||
Minimum lot area
| |||
Single-family dwellings
|
6,000 square feet
| ||
Two-family dwellings
|
8,000 square feet
| ||
Multifamily dwellings
|
8,000 square feet for the first two dwelling
units and 1,500 square feet for each additional dwelling unit
| ||
All other buildings
|
As regulated by setback, open space and off-street
parking requirements
| ||
Minimum lot width
|
As regulated by setback, open space and off-street
parking requirements
| ||
Minimum front yard
|
6 feet
| ||
Minimum side yards
| |||
Dwellings and accessory structures
|
10% of the lot width (but no less than 5 feet)
for each side yard
| ||
All other buildings
|
10 feet for each side yard except that where
a side yard abuts a lot in an R District, it shall be at least 30
feet
| ||
Minimum rear yard
| |||
Dwellings and accessory structures
|
10 feet
| ||
All other buildings:
|
10 feet except that where a rear yard abuts
a lot in an R District, its width shall be at least 30 feet
| ||
Maximum height of buildings
|
40 feet
|
A.
Permitted principal uses or structures are as follows, provided that the Planning Commission conducts a site plan review pursuant to Article IX of this chapter and an environmental review pursuant to 6 NYCRR 617 (State Environmental Quality Review Act) for all light manufacturing uses:
(1)
Principal uses or structures, except dwellings,
as permitted in CM Districts.
(2)
Research and development facilities.
(3)
Warehouse for enclosed storage of goods and
materials.
(4)
Laboratories.
(5)
Electronic assembly plants.
(6)
Distribution plants.
C.
Bulk and setback regulations (except as noted in § 300-0315):
L-M Light Manufacturing District
| ||
---|---|---|
Description
|
Use Regulation
| |
Minimum lot area
|
As regulated by setback, open space and off-street
parking requirements
| |
Minimum lot width
|
As regulated by setback, open space and off-street
parking requirements
| |
Minimum front yard
|
25 feet
| |
Minimum side yards
|
10 feet for each side yard except that where
a side yard abuts a lot in an R District, it shall be at least 50
feet
| |
Minimum rear yard
|
10 feet except that where a rear yard abuts
a lot in an R District, its width shall be at least 50 feet
| |
Maximum height of buildings
|
None
|
A.
Permitted principal uses or structures are as follows, provided that the Planning Commission conducts a site plan review pursuant to Article IX of this chapter and an environmental review pursuant to 6 NYCRR 617 (State Environmental Quality Review Act) for all light manufacturing and manufacturing uses:
(1)
Principle uses or structures as permitted in
L-M Districts.
(2)
Concrete products manufacturing or batching
plants.
(3)
Incinerators (public or privately operated).
(4)
Open storage of lumber, asphalt, coal or contractors'
equipment and materials.
(5)
Railroad freight and classification yards.
(6)
Welding shops.
(7)
Foundries.
(8)
Truck terminals, including any premises where
any vehicles used in long-distance freight hauling or where any tractor-trailer
combinations or automobile conveyors are parked, loaded or unloaded.
(9)
Storage, sorting or baling wastepaper or rags.
(10)
Boilermaking.
(11)
Metal-plating works, electrolytic or hot-dip
processes.
(12)
Adult uses as defined in Article XIII and provided
that:
(13)
Auto wrecking yards, salvage yards or junkyards,
provided that:
(b)
The operation will not involve the burning of
automobiles or other burning which creates noxious odors or smoke;
(c)
The operation or any part thereof is not located
in a regulated wetland as such is defined by the New York State Department
of Environmental Conservation nor within 500 feet of a church, school,
hospital, public building, Chadakoin River, public park or place of
public assembly nor within any one-hundred-year floodplain boundary
as such is defined by the United States Department of Housing and
Urban Development Federal Insurance Administration; and
(d)
A special use permit is obtained from the Zoning
Board of Appeals.
(14)
All other manufacturing or industrial operations.
C.
Bulk and setback regulations (except as noted in § 300-0315):
M Manufacturing District
| ||
---|---|---|
Description
|
Use Regulation
| |
Minimum lot area
|
As regulated by setback, open space and off-street
parking requirements
| |
Minimum lot width
|
As regulated by setback, open space and off-street
parking requirements
| |
Minimum front yard
|
10 feet
| |
Minimum side yards
|
10 feet for each side yard except that where
a side yard abuts a lot in an R District, it shall be at least 50
feet
| |
Minimum rear yard
|
10 feet except that where a rear yard abuts
a lot in an R District, its width shall be at least 50 feet
| |
Maximum height of buildings
|
None
|
A.
Lot area and lot width exceptions. The lot width or
area requirements of this chapter shall be automatically waived to
permit the erection of a single-family dwelling or the restoration,
enlargement (but not the creation of additional dwelling units), moving,
repair or alteration of an existing dwelling on any lot of record
which was owned separately and individually from all other contiguous
tracts of land on the effective date of this chapter or on the effective
date of any subsequent amendment increasing area or width requirements,
provided that dwellings are a permitted use in the district in which
such lot is located. This provision shall immediately apply to all
subdivisions for which maps have been filed in the County Clerk's
office.
B.
Front yard exceptions. A proposed building may have
a front yard setback equal to the average front yard setback of the
existing buildings within 150 feet of the proposed building.
C.
Side yard exceptions. For corner lots where a rear
lot line coincides with a side lot line of an adjoining lot, the required
width of the exterior side yard shall be the same as the front yard
requirement along the street on which the exterior side yard abuts.
D.
Rear yard exceptions. For through lots, where the
rear lot line abuts a street, a front yard equivalent shall be provided.
The rear yard depth requirements in the district regulations shall
not apply on that portion of a through lot where a front yard equivalent
is required.
If in any instance a lot is determined to lie
in more than one different zoning district, the district which has
street frontage shall govern. Should a lot have street frontage within
two separate zoning districts, the district which comprises the most
gross feet of street frontage shall govern. Should the amount of street
frontage be equally split between districts, the most restrictive
zoning district shall apply.
A.
No accessory structure in an R District shall be located
in a front yard or a required side yard.
B.
In a C or M District, no processing, storage or accessory
structure shall be permitted in any required yard except for gasoline
pumps. However, dwellings shall be governed by R District regulations.
C.
In any R District, no roofline or projection off of
an accessory structure shall encroach more than two feet into any
required yard.
D.
In any R District, a detached accessory building shall
not be located so that any part thereof is closer than 10 feet to
any other building.
E.
In any R District, no part of an accessory structure
shall be nearer than five feet to a side lot line or a rear lot line.
[Added 6-14-1999]
F.
In any R District, no accessory building shall exceed 720 square
feet in area and have a dimension that exceeds 36 feet.
[Added 8-27-2012]
G.
In any R District, no accessory building shall exceed 18 feet in
height, nor shall it be taller in height than the height of the principal
use building of the property.
[Added 8-27-2012]
A.
In any district with more than one principal building
on a single lot, there shall be 30 feet of open space between the
buildings.
B.
In the case of a building of mixed occupancy, 400
square feet of open space for each dwelling unit contained in such
building shall be provided on the lot exclusively for recreation activities.