[Amended 2-15-2012 by L.L. No. 1-2012]
A.
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.
B.
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.
A.
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.
B.
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.
A.
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]
B.
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]
C.
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]
D.
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.
E.
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.
F.
All yards, open space, off-street parking and required
landscaping must be contained within the use district in which the
use is permitted.
G.
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.
H.
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.
I.
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.
J.
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]
K.
Residential structures shall have the lowest habitable
floor elevated to at least 722 feet above sea level.
Signs may be erected and maintained only when
in compliance with the following provisions:
B.
Sign restrictions. Signs shall be permitted with restrictions
in all use districts, subject to the following regulations:
(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.
A.
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.
B.
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.
A.
No motor vehicle shall be parked or stored on the
traveled portion of the highway in any residential use district.
B.
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.
C.
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]
D.
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
|
