Unless the context requires differently, the
following definitions shall be used in the interpretation and construction
of the chapter. Words used in the present tense include the future;
the singular number shall include the plural and the plural the singular;
the word "structure" shall include the word "building," and the word
"used" shall include "arranged," "designed," "constructed," "altered,"
"converted," "rental," "leased" or "intended to be used." The word
"shall" is mandatory and not optional.
[Amended 2-17-1977; 5-11-1987; 6-26-1991 by L.L. No. 1-1991; 3-10-1993 by L.L. No.
2-1993; 8-12-1998 by L.L. No. 1-1998; 10-10-2001 by L.L. No.
5-2001; 1-8-2003 by L.L. No. 1-2003; 9-24-2003 by L.L. No.
5-2003; 4-18-2007 by L.L. No. 2-2007; 9-17-2008 by L.L. No.
4-2008; 12-17-2008 by L.L. No. 6-2008; 2-15-2012 by L.L. No.
1-2012]
Except where specifically defined herein, all words used in this chapter shall carry their customary dictionary meanings. For purposes hereof, the following terms shall have the meanings respectively indicated below. Additionally, see Article XXIII of this chapter which prohibits the therein-defined explicitly prohibited uses in each and every zoning district within the Town.
A building detached from and subordinate to a main building,
on the same lot and used for purposes customarily incidental to those
of a main building.
A structure detached from and subordinate to a main structure
or building on the same lot and used for purposes customarily incidental
to those of the main structure or building.
A use customarily incidental to the principal use of a building.
In buildings restricted to a residential use, the office of a professional
person, customary family occupations and workshops not conducted for
compensation shall be deemed "accessory uses."
[Amended 3-16-2016 by L.L. No. 2-2016]
The production of crops, and/or livestock and livestock products,
as those terms are defined at § 301 of the New York State
Agriculture and Markets Law.
[Amended 3-16-2016 by L.L. No. 2-2016]
A narrow service way providing a secondary public means of
access to abutting properties.
As applied to a building or structure, any change or rearrangement
in the structural parts or in the exit facilities or any enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
The keeping, grazing, feeding and care of animals other than
household pets.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
The total area within the property lines excluding the external
street.
The total of areas taken on a horizontal plane at the main
grade level of the principal building, exclusive of all accessory
buildings and exclusive of uncovered porches, terraces and steps.
All dimensions shall be measured between the exterior faces of walls.
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 "auto court" includes buildings
designated as tourist courts, motor lodges, motels and similar structures.
Any area of land, including structures thereon, that is used
for the retail sale of gasoline or any other motor fuel and oil and
other lubricating substances, including any sale of motor vehicle
accessories, and which may or may not include facilities for lubrication,
washing or otherwise servicing motor vehicles.
A story partly below the average level of the adjoining ground,
but having at least 1/2 of its height (measured from floor to ceiling)
above the average level of the adjoining ground.
An accessory building used for the sole purpose of storing
miscellaneous items and beach furniture and accessories. It shall
not be used for living quarters.
A single-family dwelling which is occupied by the owner and
meets all of the following criteria:
A sign or structure which directs attention to an idea, product,
business activity, service or entertainment which is conducted, sold
or offered elsewhere than upon the lot on which the sign is located.
Any dwelling in which more than three persons, either individually
or as families, are housed or lodged for hire with or without meals.
A rooming house or a furnished rooming house shall be deemed a "boardinghouse."
A one-story structure with no living quarters, open-sided
or enclosed, which provides direct or indirect access to the water.
No business, occupation or service is conducted for profit therein
nor space herein leased to a nonresident of the premises.
Any structure or buoy which is used for the purpose of parking
a boat at or in the water, to include boat lifts.
Shall have the definition as set forth in the New York State
Alcoholic Beverage Control Law, as amended.
[Added 3-16-2016 by L.L.
No. 2-2016]
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
A building surrounded by open space on the same lot.
The vertical distance measured from the average elevation
of the proposed finished grade at the building’s lowest side
elevation to the highest point of the rooftop.
A building in which is conducted the main or principal use
of the lot on which said building is situated. In any residential
district, any dwelling shall be deemed to be the "principal building"
on the use lot on which the same is located.
A small-scale limited retail business that manufactures or
assembles products for sale off the premises or provides a service
by electronic or other means that do not require the customer to come
to the premises. In operation and appearance, it blends well with
its surrounding neighbors.
Those businesses of a retail nature which provide a localized service to the public. Such businesses shall be small in nature and shall not be considered to be of a manufacturing or wholesale character. These businesses shall meet the special use conditions established in § 160-26.
A parcel of land used or intended to be used, let or rented
for transient and vacational and/or recreational occupancy by travel
trailers, campers, tents, motor homes and the motor vehicles propelling
or carrying the same, but excluding mobile homes designed for permanent
occupancy or used as a place of residence.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A "cellar"
shall not be considered in determining the permissible number of stories.
An organization catering exclusively to members and their
guests, including premises and buildings for recreational or athletic
purposes, which are not conducted primarily for gain, provided that
there are not conducted any vending stands, merchandising or commercial
activities except as required generally for the convenience of the
membership and purposes of such "club."
The duly appointed official of the Town of Jerusalem charged
with the duty of enforcing the provision of this chapter.
A land use intended for the purpose of providing a product
or service for a fee.
The Comprehensive Plan adopted by the Town Board of the Town
of Jerusalem for the future preservation and development of the Town
pursuant to § 272-a of the New York State Town Law, as the
same may from time to time be amended, updated, and supplemented,
including without limitation by planning policy statements, goals,
and standards adopted by the Town Board.
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street, driveway, alley or yard.
That percentage of the plot or lot area covered by the buildings
or structures, including accessory buildings and structures. All buildings
and structures will count towards coverage and all portions of each
building and structure shall be taken into consideration, including
the open porches, decks and steps.
[Amended 3-16-2016 by L.L. No. 2-2016]
See "home occupation."
The number of living units permitted per gross acre of land,
exclusive of lands lying within the boundary of any public highway.
Shall have the definition as set forth in the New York State
Alcoholic Beverage Control Law, as amended.
[Added 3-16-2016 by L.L.
No. 2-2016]
Any one of the areas shown on the Zoning Map of the Town
of Jerusalem,[2] into which the Town has been divided for the purposes
of this chapter.
Any land or structure where any number of dogs is kept for
the purpose of sale or for boarding, care or breeding for which a
fee is charged or paid.
Any eating or drinking establishment which is designed for
the consumption of food or beverages outside of an enclosed dining
room.
A lot of land or part thereof used primarily for the disposal,
by abandonment, dumping, burial, burning or any other means and for
whatever purpose, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
A building having two dwelling units.
Two or more dwellings located on one parcel of land.
A building containing more than one dwelling unit.
One building consisting of a series of noncommunicating dwelling
units.
A detached dwelling not used for permanent residence and
not occupied for more than six months in each year.
A building containing one dwelling unit.
A building or portion thereof providing complete housekeeping
facilities for one family.
A plan setting forth measures to protect slopes and unstable
terrain from erosion and to prevent the accumulation of silt and sediment
in drainage systems, streams, water bodies and on downstream properties.
The erection, construction, alteration or maintenance by public utilities or Town or other government agencies of underground or overhead gas, electrical or water transmission or distribution systems, communication systems, including poles, wires, mains, drains, sewer pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment, and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or Town or other government agencies or for the public health, safety or general welfare, but not including buildings; provided, however, that “essential services” shall not mean or include natural gas compression facilities or natural gas processing facilities (as those terms are defined at § 160-141 of this chapter).
The explicitly prohibited uses defined and described in § 160-141 of this chapter.
One or more persons occupying the premises and living as
a single housekeeping unit, as distinguished from a group occupying
a boardinghouse, lodging house, club, fraternity or hotel.
The land, buildings and farm residential buildings used for
the production of agricultural products as defined at § 301
of the New York State Agriculture and Markets Law.
[Amended 3-16-2016 by L.L. No. 2-2016]
The sum of the gross horizontal area of the several floors
of a building, excluding attic, cellar and unfinished basement floor
areas not devoted to residential use and the area of roofed porches
and roofed terraces.
The highest level of flood that, on the average, is likely
to occur once every 100 years (i.e., that has a one-percent chance
of occurring each year).
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers or other inland areas of water or abnormally high tidal water
or rising lake waters resulting from severe storms, hurricanes or
tidal waves.
That maximum area of the floodplain that, on the average,
is likely to be flooded once every 100 years (i.e., that has a one-percent
chance of being flooded each year).
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including, but not limited to,
emergency preparedness plans, flood control works and land use and
control measures.
A land area adjoining a river, stream, watercourse, ocean,
bay or lake which is likely to be flooded.
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduce or
eliminate flood damage to lands, water and sanitary facilities, structures
and contents of buildings.
The one-hundred-year flood elevation.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of a given magnitude.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein and that space therein for not more than one car is
leased to a nonresident of the premises.
Any garage, other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
The elevation of the center line of the streets as officially
established by the Town authorities.
The elevation of the completed surfaces of lawns, walks and
roads brought to grades as shown on the plot plan filed with the building
permit application.
The floor area of the building measured three feet above
the average grade level.
Elevation above sea level of 715.15 feet.
Any state highway, county road or Town highway and, unless
the context indicates otherwise, any street laid out on a filed subdivision
map, which connects with a state highway, county road or Town highway.
Unless the boundary of a highway is established at a width other than
three rods or is defined by a legal description of record or by a
wall, fence or other monument, the boundary of the same shall be presumed
to be 24 3/4 feet from the center line of the traveled way.
An accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the building for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than one small sign on the premises in conformance with § 160-14B(1)(b). The office of a physician, surgeon, dentist or other professional person, including an instructor in violin, piano or other individual musical instrument limited to a single pupil at a time, who offers skilled services to clients and is not professionally engaged in the purchase or sale of economic goods shall be deemed "home occupations," and the occupation of dressmaker, milliner, seamstress, cosmetologist or real estate broker or salesman, each with not more than one paid employee, shall be deemed to be "home occupations." Dancing instruction, tearooms, tourist homes, convalescent homes, mortuary establishments and stores, trades or businesses of any kind not herein excepted shall not be deemed to be "home occupations."
Unless otherwise specified, includes sanatorium, preventorium,
clinic, rest home, nursing home, convalescent home and any other place
for the diagnosis, treatment or other care of human ailments and shall
be deemed to be limited to places for the diagnosis, treatment or
other care of human ailments.
Any structure where animals or pets are given medical or
surgical treatment and where outside kennel runs or pastures are used
incidentally to the principal use. This is differentiated from an
animal clinic which is any structure where animals or pets are given
medical or surgical treatment and where animals may be boarded or
kenneled if incidental to clinical use. All kennels and runs must
be part of the principal structure, enclosed and soundproofed.
A building containing rooms intended or designed to be used
or which are used, rented, hired out to be occupied or which are occupied
for sleeping purposes by guests and where only a central kitchen and
dining room are provided within the building or in an accessory building.
A lot, land or structure or part thereof used for the purpose
of collection, storage and sale of wastepaper, rags, scrap metal or
discarded material or for the collection, dismantling, storage and
salvaging of machinery or vehicles not in running condition and for
the sale of parts thereof.
That portion of the waters of Keuka Lake that is located
within the jurisdiction of the Town of Jerusalem.
A business premises equipped with individual clothes washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment or an apartment hotel.
The manufacture or assembly of finished products or parts predominately from previously processed or prepared materials (including fabrication, treatment, packaging, and incidental storage, and sale and distribution of such products or parts); provided that all operations are conducted entirely within an enclosed building, and provided, further, that such use does not produce or generate or otherwise involve on-site use or storage of natural gas and/or petroleum extraction, exploration or production wastes (as that term is defined in § 160-141 of this chapter); and does not involve high frequency, high–impact truck traffic, or any other explicitly prohibited use set forth in § 160-141 of this chapter.
The dividing line between the street, road or right-of-way
and the lot. Where the "street line" is not readily determinable or
has not yet been established, this line shall be made from the center
of the existing traveled portion of the pavement or way for the purpose
of this chapter. The three-rod right-of-way shall be used for computing
the width of the street unless a different width has been established.
A suite of one or more rooms designed for living and sleeping
purposes and having a kitchen and bathroom for use of one family only.
A building in which three or more rooms are rented and in
which no table board is furnished.
A parcel of land occupied or capable of being occupied by
one building and the accessory buildings or uses customarily incident
to it, including any open spaces as required by this chapter. A "lot"
may be interrupted by a street or road. The area of the "lot," as
computed for the purpose of this chapter, shall not include the area
of the interrupting street or road.
A parcel of land at the junction of and fronting on two or
more intersecting streets or bounded on at least two sides by streets
or highways. All corner lots shall be deemed to have two front yards,
two side yards and no rear yard.
[Amended 1-16-2019 by L.L. No. 1-2019]
That shortest distance between the front and rear lot lines
as measured perpendicular to the street or highway or proposed street
or highway shown on a subdivision map approved by the Planning Board,
upon which said lot fronts. If the front line is not a straight line,
the aforesaid measurement shall be perpendicular to the chord distance
line of the front lot line.
The line separating the lot from the boundary of the highway
or right-of-way upon which the lot abuts, except for all lots that
border Keuka Lake, the "front lot line" will be the mean high water
line of Keuka Lake.
[Added 1-16-2019 by L.L.
No. 1-2019]
The lot line opposite and most distant from the front lot
line. On lots that border Keuka Lake where a highway or right-of-way
forms the rear lot line, the rear lot line shall be the boundary of
the highway or right-of-way upon which the lot abuts.
[Added 1-16-2019 by L.L.
No. 1-2019]
The lot line(s) other than a front and/or rear lot line.
[Added 1-16-2019 by L.L.
No. 1-2019]
A building designed or used for the storage of personal belongings,
as distinct from merchandise or commodities held for sale.
See Chapter 104, Mobile Homes and Mobile Home Parks.
See Chapter 104, Mobile Homes and Mobile Home Parks.
See "auto court."
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles for profit.
A museum having a provisional or permanent charter from the
New York State Board of Regents as an Education Corporation.
[Added 5-16-2012 by L.L. No. 4-2012]
A building or structure or use of land existing at the time
of enactment of this chapter and which does not conform to the regulations
for the use district in which it is situated.
A school designed to provide daytime care or instruction
for four or more children from two to five years of age, inclusive,
and operated on a regular basis.
Any dwelling with sleeping rooms where persons are housed
or lodged and furnished with meals and nursing care for hire.
The storage for hire or rental of inside storage space for
boats in which any given boat is put into and removed from storage
only once per year.
Any unoccupied space exclusive of required yards, driveways
and parking areas.
The area required for parking one automobile. For purposes
of this chapter, it shall be an area 10 feet wide and 20 feet long,
not including passageways.
The Planning Board of the Town of Jerusalem.
A lot that existed prior to the 1974 enactment of the Town
of Jerusalem Zoning Ordinance.
A facility that provides electricity, gas, steam, telephone
service, water or sewerage directly to the general public. For purposes
hereof, a public utility is an entity which operates as a monopoly,
and whose rates charged to customers are established by a utility
commission.
Four one-story single-family residences, privately owned,
leased or rented that have at least one common wall and occupying
the same lot.
A lot of land or part thereof used for the purpose of extracting stone, sand, gravel or topsoil for sale, exclusive of the process of grading a lot preparatory to the construction of a building for which a building permit has been issued. In no event shall "quarry, sand pit, gravel pit, topsoil stripping" be construed to mean, be, or include natural gas and/or petroleum exploration activities or natural gas and/or petroleum extraction activities (as those terms are defined at § 160-141 of this chapter).
A business where food is prepared for, served to, sold to
and consumed by patrons seated within an enclosed building or on the
premises.
[Added 3-16-2016 by L.L.
No. 2-2016]
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
See "line, street."
A stall or booth for business which shall be limited to the
sale of agricultural products and incidental gift items.
A building consisting of a series of noncommunicating one-family
sections having a common wall between each two adjacent sections with
a straight unbroken front elevation and roof line. (Not allowed.)
The distance from the street line to the front wall or that
part of the structure nearest the street line, measured at right angles
or radially from the street line, not including steps or open porches.
On corner lots, the "front setback" includes the distance from the
street line to the wall of that part of the structure nearest each
street line measured as above.
The distance from the rear lot line to the nearest part of
the structure, measured at right angles or radially from the rear
lot line.
[Added 1-16-2019 by L.L.
No. 1-2019]
The distance from the side lot line to the nearest part of
the structure, measured at right angles or radially from the side
lot line.
Any structure or part thereof attached thereto or painted
or represented thereon which shall display or include any letter,
word, model, banner, flag, pennant, insignia, device or representation
used as or which is in the nature of an announcement, direction or
advertisement. The word "sign" includes the word "billboard," but
does not include the flag, pennant or insignia of any nation, state,
city or other political, educational, charitable, philanthropic, civic,
professional, religious or like organization or campaign, drive, movement
or event.
A sign having an artificial lighting device in connection
therewith to attract attention or increase its visibility.
A use which because of its unique characteristics requires
individual consideration through a procedure of review by the Board
of Zoning Appeals, in order to determine whether a special use permit
should be granted, conditionally granted, or denied.
An accessory building in which any horses are kept for hire,
remuneration or sale.
That portion of a building between the surface of the floor
and the ceiling next above it, having a vertical distance of at least
seven feet six inches along the studs forming each of the exterior
walls. Each "story" above the first "story" must have an area equal
to at least two-thirds (2/3) that of the first "story." The first
"story" is the lowest "story" which is 75% or more above the average
level of the ground adjacent to said building.
That portion of a building next under a gable, hip or gambrel
roof having a vertical distance between floor and horizontal ceiling
of at least seven feet six inches, except that, for habitable space
under a sloping roof, the minimum height above at least 50% of such
floor area shall be seven feet six inches, and the area where the
height is less than five feet shall not be considered in computing
required floor area.
A public way or proposed public way shown on a subdivision
map approved by the Town Planning Board.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as "street grade."
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground, including, but not limited to, retaining walls over
four feet in height.
[Amended 3-16-2016 by L.L. No. 2-2016]
Any structure, except a farm pond, above or below ground
designed for capacity of more than 18 inches of water depth.
Any structure greater than 35 feet in height, which is capable
of receiving or transmitting wireless signals for the purpose of communicating
information.
An open lot or part thereof, with its appurtenant facilities,
devoted primarily to the showing of moving pictures or theatrical
productions on a paid admission basis to patrons seated in automobiles
or on outdoor seats.
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
The governing board of the Town of Jerusalem.
A building consisting of a series of two or more noncommunicating
one-family dwellings having a common fireproof wall between each two
dwellings. The number of adjacent living units, the front elevations
of which are in the same vertical plane, shall not exceed two and
shall be set off at least 18 inches from the adjoining front. The
"townhouse" shall have no more than six living units per structure.
The specific purpose for which the land or buildings is designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
See "nonconforming use."
See "special use."
An area variance or a use variance, as the context may admit.
The authorization by the Zoning Board of Appeals for the
use of land in a manner that is not otherwise allowed by the dimensional
or physical requirements of the applicable zoning regulations.
The authorization by the Board of Zoning Appeals for the
use of land for a purpose that is otherwise not otherwise allowed
or is prohibited by the applicable zoning regulations.
A street or alley or other thoroughfare or public easement
permanently established for passage of persons or vehicles.
Shall have the definition as set forth in the New York State
Alcoholic Beverage Control Law, as amended.
[Added 3-16-2016 by L.L.
No. 2-2016]
An unoccupied space open to the sky on the same lot with
a building or structure.
[Amended 1-16-2019 by L.L. No. 1-2019]
Except as otherwise defined, the area between the part of an
existing structure nearest the street line and the street line bounded
on each side by the side lines of the lot.
On corner lots, those areas between that part of each exterior
wall of an existing structure nearest each street line abutting said
lot and said street line bounded by the other street, and the side
line most closely parallel to said other street line shall be the
"front yard."
For all lots that border Keuka Lake, the "front yard" will be
the area between the part of an existing structure nearest Keuka Lake
and mean high water line of Keuka Lake, bounded on each side by the
side lines of the lot.
[Added 1-16-2019 by L.L. No. 1-2019]
That area between that part of an existing structure nearest
the rear lot line and the rear lot line of each lot.
For all properties that border Keuka Lake, the "front yard"
will be the area between the part of an existing structure nearest
Keuka Lake and the mean high water line of Keuka Lake, bounded on
each side by the side lines of the lot.
That area between that part of an existing structure nearest
the side line and the side line of each lot, provided that such side
line is not also a street line.[3]
The Board of Appeals of the Town of Jerusalem.
[2]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk and may be examined there during regular
business hours.
[3]
Editor's Note: The definition of "Zoning Inspector,"
which immediately followed this definition, was amended 1-8-2003 by
L.L. No. 1-2003. See now the definition of "Code Enforcement Officer."
