Town of Jerusalem, NY Provisions Applicable to All Districts

It is the purpose of this chapter to allow flexibility of land use, subject always to the restrictions, prohibitions, and requirements contained herein. Any use not specifically set forth as a permitted use in any district is hereby expressly prohibited in that district. A use specifically set forth as a permitted use in one district shall not be permitted in another district unless it is specifically set forth as a permitted use in said other district. Except as otherwise provided herein, no land shall be cleared, excavated, or graded, no building, structure, or land shall hereafter be used or occupied, and no building, structure, or part thereof shall be erected, moved or altered, unless in conformity with the regulations herein specified for the district in which it is located; and no building or structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards, or side yards, than is specified herein for the district in which such building or structure is located.

Within each use district, the regulations established by this chapter shall be minimum regulations and shall be applied uniformly to each class or kind of structure or land.

Refer to Article XXIII of this chapter for definitions and descriptions of specified explicitly prohibited uses that are prohibited in each and every zoning district within the Town.

§ 160-12 Preservation of natural features.

Existing natural features, such as trees, brooks, drainage channels and view, should be retained. Whenever such features interfere with the proposed use of the property, retention of the maximum amount of such features consistent with the use of the property shall be required.

No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or use other than on the premises from which taken except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto or except as hereinafter specified in § 160-23.

§ 160-13 General lot and use regulations.

Except as may be permitted pursuant to § 160-27 (Off-season boat, vehicle and camper storage), Article XII (Large Scale Multiple Dwelling Developments) and Article XXII (Townhouses), no lot shall have erected upon it more than one principal building. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.

[Amended 3-16-2016 by L.L. No. 2-2016]

Detached accessory buildings shall conform to the area coverage and set back requirements of the schedule.

[Amended 1-10-2001 by L.L. No. 1-2001]

Every principal building shall be built upon a lot which complies with the lot frontage and width requirements of this chapter. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.

[Amended 2-14-1983]

At the intersection of two or more streets, no hedge, fence or wall nor more than a single post or tree which is higher than three feet above street level nor any obstruction to vision shall be permitted in the triangular area formed by the intersecting street lines and a line joining each 30 feet distant from said intersection along said street line.

Where a building has frontage on a street which is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.

All yards, open space, off-street parking and required landscaping must be contained within the use district in which the use is permitted.

For the purpose of regulating the locations of accessory buildings on corner lots and on through lots extending between parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the use district in which said corner lot or through lot is located.

For the purpose of establishing front or side yards and building setbacks, the boundary of all highways shall be presumed to be not less than 24 3/4 feet from the center line of the traveled way and may be located at a substantially greater distance from such center line.

When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter, either with respect to any existing structures or use and/or proposed structures or use. No parcel of land shall be divided to create a nonconforming lot or use.

The provisions of this chapter shall not apply to customary local distribution or collection lines for water, sewer, telephone, or electric service. Further, nothing in this chapter shall prohibit the transmission of natural gas through otherwise legal utility pipes, lines, or related appurtenances for the limited purpose of supplying natural gas utility services to residents of or buildings located in the Town. All facilities, such as pumping stations, repeater stations and electric substations which require a structure above grade, shall be subject to the requirements of this chapter as herein provided.

[Amended 2-15-2012 by L.L. No. 1-2012]

Residential structures shall have the lowest habitable floor elevated to at least 722 feet above sea level.

§ 160-14 Signs.

Signs may be erected and maintained only when in compliance with the following provisions:

Prohibited signs. The following signs are prohibited:

(1)

Signs which are structurally unsafe or in disrepair.

(2)

Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal or device.

Sign restrictions. Signs shall be permitted with restrictions in all use districts, subject to the following regulations:

(1)

Size.

(a)

No sign shall exceed the following limits:

[1]

Maximum area: 150 square feet.

[2]

Maximum height: 15 feet.

[3]

Maximum length: 20 feet.

(b)

Signs for home occupations and bed-and-breakfasts shall not exceed nine square feet.

[Added 3-10-1993 by L.L. No. 2-1993]

(2)

Lighted signs; signs with moving parts.

(a)

Signs which contain moving parts or which are illuminated by any flashing, intermittent or moving lights are prohibited, except those giving public service information, such as time, date, temperature, weather or similar information.

(b)

Signs which are not effectively shielded to prevent beams or rays of light from being directed at any portion of the traveled way of an interstate or primary highway and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

(c)

No sign shall be illuminated so as to interfere with the effectiveness of or to obscure an official traffic sign, device or signal.

§ 160-15 Height regulations.

No building or structure shall have a greater number of stories nor have an aggregate height of a greater number of feet than is permitted in the use district in which such a building or structure is located, except as noted elsewhere in this chapter.

Permitted exceptions to height regulations. The following are permitted exceptions to height regulations: chimneys, cooling towers, silos, elevators, fire towers, gas tanks, grain elevators, steeples, water towers or spires, communications, radio or television towers or necessary mechanical appurtenances which may be erected, as to their height, in accordance with existing or hereafter adopted ordinances of the Town of Jerusalem, provided that no tower shall be used as a place of habitation or for tenant purposes. No sign, nameplate, display or advertising device of any kind whatsoever shall be inscribed upon or attached to any chimney, tower, tank or other structure which extends above the height limitations.

§ 160-16 Off-street parking.

No motor vehicle shall be parked or stored on the traveled portion of the highway in any residential use district.

Provision of permanent parking or storage space.

(1)

Permanent off-street automobile storage, parking or standing space shall be provided, as set forth in the off-street parking schedule included in this chapter, at the time of the erection of any building or structure, at the time any building or structure is enlarged or increased in capacity by adding boat slips, mooring buoys, dwelling units, guest rooms, seats or floor area or before conversion from one zoning use or occupancy to another. Such space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

[Amended 5-11-1987]

(2)

If the vehicle storage space or standing space required by this chapter cannot be reasonably provided on the same lot on which the principal use is conducted, the Zoning Board of Appeals may permit such open space to be provided on other off-street property, provided that such space lies within 400 feet of the main entrance to such principal use. Such vehicle parking space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

Parking and storage space. Convenient and adequate off-street parking spaces shall be provided and satisfactorily maintained by the owner of the premises or be conveniently connected therewith. Spaces measuring not less than nine feet by 18 feet and designed with a travel lane adequate to accommodate emergency vehicles, i.e., fire, ambulance, shall be deemed sufficient.

[Amended 4-14-2004 by L.L. No. 1-2004]

The off-street parking schedule shall be as follows:

Off-Street Parking Schedule
Uses	Required Number of Parking Spaces
Bed-and-breakfast [Added 3-10-1993 by L.L. No. 2-1993]	1 for each sleeping room plus 1 for each employee
Boat slips and mooring buoys [Added 5-11-1987]	1 for each slip or mooring. Exception: parking spaces allocated for residential use may be counted toward this requirement.
Churches or synagogues	1 for each 3.5 seats
Community buildings and social halls	1 for each 200 square feet of gross floor area or 1 for each 3.5 seats, whichever is greater
Doctor or dentist office	5 for each doctor
Home occupation	Minimum of 3
Manufacturing plants, research or testing laboratories	1 for each employee in the maximum working shift
Motel, hotels, boarding- and rooming houses	1 for each sleeping room or dwelling unit
Offices, general	1 for each 200 square feet of first floor area and each 300 square feet of floor area on the second floor and above
Residences	Minimum of 1.5 for each living unit on the premises
Restaurants, bars and night clubs	1 for each 50 square feet of patron space
Retail stores, store groups, shops, etc.	1 for each 200 square feet of floor space, plus 1 for each employee
Roadside stands	2
Wholesale establishments or warehouses	1 for each employee in the maximum shift