[Added 1-16-2013 by L.L. No. 1-2013]
Sometimes motorists drive for the inherent pleasure and experience
of driving a scenic road. When a road passes through an attractive
landscape, a considerable portion of a motorist's perceptual activity
is directed to the roadside environment. The visual character of a
road corridor depends on a number of factors, some of which cannot
be significantly modified, such as physiographic features, while others,
such as land use, are more readily subject to change. It is the intent
of the Route 54A Scenic Overlay District to protect the viewshed from
the road, to regulate land uses and building/site design so that they
will complement rather than detract from a scenic experience, and
ensure that the development of the community reflects the vision as
set forth in the Town of Jerusalem Comprehensive Plan.
A.
The boundary of the Route 54A Scenic Overlay District shall be as
follows: Beginning at the intersection of the center line of New York
State Route 54A (hereafter "Route 54A") and the extension southeasterly
of the southwesterly line of lands of Gregory and Sheila Disbrow (Liber
463 of Deeds, page 12; all deed references are to the Yates County
Land Records); and running thence northwesterly along said line to
a point in the line that is parallel to Route 54A and 500 feet from
the center line of Route 54A measured perpendicularly to said center
line; thence southwesterly and keeping 500 feet from Route 54A to
the center of Williams Hill Road; thence westerly in the center of
Williams Hill Road to a point in the line that is parallel to Route
54A and 1,000 feet from the center line of Route 54A measured perpendicularly
to said center line; thence southwesterly and keeping 1,000 feet from
Route 54A to the southerly line of lands of Douglas and Susan Quade
(Liber 575 of Deeds, page 131); thence southeasterly along the southerly
boundary of said lands of Quade and along the extension easterly of
that line to a point in the line that is parallel to Route 54A and
500 feet from the center line of Route 54A measured perpendicularly
to said center line; thence southwesterly, westerly, northwesterly,
westerly, and southwesterly and keeping 500 feet from Route 54A to
the center of Sugar Creek; thence southeasterly in the center of Sugar
Creek to the center of Route 54A; thence northeasterly, easterly,
southeasterly, easterly, and northeasterly in the center of Route
54A to the center of Pepper Road; thence southeasterly in the center
of Pepper Road to a point in the line that is parallel to Route 54A
and 500 feet from the center line of Route 54A measured perpendicularly
to said center line; thence northeasterly and keeping 500 feet from
Route 54A to the southwesterly line of lands of Joseph E. Klehamer
(Liber 541 of Deeds, page 147); and running thence southeasterly along
said line to a point in the line that is parallel to Route 54A and
1,000 feet from the center line of Route 54A measured perpendicularly
to said center line; thence northeasterly and keeping 1000 feet from
Route 54A to the center line of Central Avenue; thence northwesterly
in the center of Central Avenue to its intersection with the center
line of Route 54A; thence northeasterly in the center of Route 54A
to the point of beginning. Said boundary line is depicted on three
aerial maps to be filed in the Town Clerk's office with this article.
B.
The Town of Jerusalem Zoning Map is amended to add the location of
this district.
Unless specifically defined below or in § 160-5, words or phrases used in this article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this article its most reasonable application.
Any establishment operated for profit wherein the facilities
are leased on a temporary basis for private wedding receptions, meetings,
banquets, and other similar events. Such establishments shall not
be open to the general public and may include food preparation facilities
and areas for dancing, dining and other entertainment activities customarily
found in association with banquets or receptions.
All structures, uses or other alterations or modifications
of the natural landscape occurring above or below ground or water
on a particular lot.
An area of natural or new vegetation or man-made construction,
which provides a visual and dimensional separation between dissimilar
land uses.
Legacies of the past that are distinctly associated with
physical elements of the landscape, whether natural or man-made, that
are of such historic significance that they educate the viewer and
stir appreciation of the past.
Those features of the visual environment, such as geological
formations, fossils, landforms, water bodies, vegetation and wildlife
that are in a relatively undisturbed state. There may be evidence
of human activity but the natural features reveal minimal disturbances.
The area of natural vegetation or landscaping, which is intended
to provide a visual and dimensional separation between development
and the closest right-of-way of Route 54A.
Relating to, or characteristic of, the traditional building
style or landscape of the countryside.
A roadway and its accompanying right-of-way that offers motorists
the unobstructed opportunity to view scenic views and scenic sites
in one or more directions, and which usually has a high percentage
of open landscape within and alongside it.
Those landscape patterns and features that are visually or
aesthetically pleasing and that, therefore, contribute affirmatively
to the definition of a distinct community or region, including, but
not limited to, trees, rock outcroppings, and historic buildings.
In case of a dispute as to whether a particular thing is a scenic
resource within the meaning of this definition, the decision of the
Planning Board shall govern.
A building, structure, field, resource, natural condition
or other feature that has scenic qualities and which has been specifically
identified by the Town in the natural and historic resources element
of its comprehensive plan or other inventory and assessment as worthy
of protection because of its scenic qualities.
Scenic resources that can be seen from Route 54A and that
lie more than 1/4 mile from Route 54A.
Natural vegetation or a decorative structure that creates
an opaque visual block or obscures an unattractive view. Screening
may consist of any combination of the following, as approved by the
Planning Board:
The minimum distance by which any building or improvement
must be separated from the right-of-way of Route 54A.
The surface area that can be seen from a specific viewpoint
along Route 54A.
All new development within the Scenic Overlay District shall
comply with the provisions of this article, except for the following
exempt structures and uses:
A.
Farm or farm-related structures. Such structures within the roadway
buffer are encouraged to comply with rules for the roadway buffer.
B.
Structures and uses existing on the effective date of this overlay
district, provided that expansions or additions to existing development
on or after the effective date of this article shall comply with these
regulations.
A.
All nonexempt development shall be subject to Article XIX, Site Plan Review, of this chapter. The development shall not be approved until the applicant therefor has submitted an existing conditions map, a site plan, and a landscape plan showing all existing and proposed features of the proposed development. When a preliminary plat is required to be filed for a subdivision in accordance with this Zoning Code, this article shall be administered and enforced at the time a preliminary plat is filed as part of the subdivision review process by the Planning Board. In other cases, such as, but not limited to, a building permit, this article shall be administered and enforced by the Code Enforcement Officer in connection with said permitting process.
B.
The Code Enforcement Officer has the administrative power to waive
the site plan review requirement for the development of a single-family
home or a hiking trail that does not require subdivision if he determines
through his application review that the proposed development meets
the provisions set forth in this Scenic Overlay District.
Except where specifically modified by the standards in this
article, all uses in the Scenic Overlay District must comply with
the requirements of the underlying zoning district. In situations
where the requirements of the Scenic Overlay District are in conflict
with the requirements of the underlying district, the more restrictive
standards govern.
A.
Permitted: The use is allowed by right in the Scenic Overlay District.
Such uses are subject to all other applicable requirements of this
article, including the general standards of the underlying zoning
district.
(1)
Single-family dwellings.
(2)
Hiking trails.
(3)
Farms and related farm structures.
(4)
Cemeteries.
(5)
Demonstration farms.
(6)
Parks (noncommercial).
(7)
Museums chartered by the New York State Board of Regents.
(8)
Churches and other similar places of worship, convents, cemeteries
and related facilities of religious organizations recognized by the
laws of the State of New York.
B.
Permitted subject to site plan review. The following uses, which are likely to draw significant numbers of patrons, are permitted, provided that they shall undergo site plan review under the provisions of Article XIX of this chapter:
(1)
Breweries operated as part of a farm located in a county-adopted
New York State-certified agricultural district.
(2)
Distilleries operated as part of a farm located in a county-adopted
New York State-certified agricultural district.
(3)
Wineries operated as part of a farm located in a county-adopted
New York State-certified agricultural district.
C.
Permitted accessory uses and structures. Permitted accessory uses
and structures are as follows:
(1)
Customary farm buildings and structures for the storage of farm
products and farm equipment.
(2)
Private garages, attached or detached.
(3)
Home occupations.
(4)
Signs.
(5)
Swimming pools.
(6)
Roadside stands.
(7)
Any other accessory buildings or uses customarily incidental
to the permitted use or structure.
D.
Specially permitted: The use is only allowed if reviewed and approved in accordance with the special permit procedures contained in Article X, Special Use Permits.
(1)
Hotels.
(2)
Small business retail: small retail service businesses having one or more buildings occupying in total less than 2,000 square feet of land, such as beauty parlors, barber shops, antique shops, ceramics/pottery shops, neighborhood grocery stores, catering, spas, etc., that meet the requirements of Article IV, Article X and § 160-26 of Article V.
(3)
Bed-and-breakfast.
(4)
Assisted-living facilities.
(5)
Nursing homes.
(6)
Banquet facilities.
(7)
Business offices.
(8)
Daycares.
(9)
Breweries not operated as part of a farm located in a county-adopted
New York State-certified agricultural district.
(10)
Distilleries not operated as part of a farm located in a county-adopted
New York State-certified agricultural district.
(11)
Wineries not operated as part of a farm located in a county-adopted
New York State-certified agricultural district.
(12)
Health care offices.
(13)
Plant nurseries.
(14)
Restaurants.
(15)
Municipal buildings.
(16)
Golf courses.
(17)
Senior housing.
(18)
Libraries.
E.
Expressly prohibited: The use is expressly prohibited. These uses
include but are not limited to:
(1)
Agricultural business establishments to service and supply farm
equipment and supplies.
(2)
Theaters.
(3)
Motor vehicle service stations.
(4)
Stations dispensing gasoline and/or electricity to automobiles.
(5)
Sale, lease or rental of motor vehicles.
(6)
Outdoor storage or display of motor vehicles.
(7)
Outdoor storage of unlicensed or dismantled vehicles.
(8)
Private airfields, landing strips or related facilities.
(9)
Animal hospitals and kennels.
(10)
Excavation operations.
(11)
Migrant labor camps.
(12)
Mini storage/self storage.
(13)
Campgrounds.
(14)
Race tracks.
(15)
Amusement parks.
(16)
Boat Storage (including off-season boat storage).
(17)
Large business: any commercial use not constituting a small business retail, § 160-37.9D(2), above.
(18)
Mobil home parks.
(19)
Hospitals.
(20)
Educational institutions chartered by the New York State Regents.
A.
Building character.
(1)
Architectural design shall avoid long unbroken planes of building
frontage.
(2)
Architectural design should reflect the rural vernacular character
of the Town of Jerusalem.
(3)
No awnings or canopy fascias shall be internally lit.
(4)
Building and roof colors shall consist of earth tones, white,
black, or shades of gray. Bright colors shall be limited to trim and
signage. Day-glow or neon colors shall be avoided.
(5)
Building color schemes and shapes shall blend in with surroundings.
Specifically, garish colors and unusual patterns or geometric shapes
shall be avoided.
(6)
Applicants are required to submit color renderings, color elevation
drawings, or color photographs with the site plan or to place a note
on the site plan indicating that compliance with this section shall
be achieved and approved by the Code Enforcement Officer prior to
installation.
(7)
Appropriate devices shall be provided to obscure as much as
reasonably possible all roof-mounted equipment, roof vents, or other
unsightly building appurtenances from view from Route 54A.
A.
Development setback.
(1)
All developments on lots greater than 180 feet deep shall maintain
a minimum front yard setback of 60 feet for all buildings, structures
and property improvements such as parking lots, except for approved
road, driveway and utility crossings.
(2)
All developments on lots having a depth of 180 feet or less
shall maintain a minimum front yard setback of 1/3 of the lot depth
for all buildings, structures and property improvements such as parking
lots, except for approved road, driveway and utility crossings.
(3)
All developments shall maintain a minimum side yard setback
of 20 feet for all buildings, structures and property improvements
such as parking lots, except for approved road, driveway and utility
crossings.
B.
Development buffers.
(1)
All development adjacent to a less intensive use or containing
a special use shall have a buffer unless waived by the Planning Board.
(2)
Man-made vegetative buffers shall include a combination of deciduous
and coniferous overstory and understory plants at an appropriate density
to effectively form a screen.
(3)
Fences and freestanding walls shall present a finished and decorative
appearance to the abutting property, and shall be located no closer
to the property line than two feet.
(4)
Buffers are required to be created at the time development is
constructed.
(5)
Every buffer shall be maintained by the owner of the property
where the buffer is located, so as to provide an opaque visual screen.
(6)
Buffers shall be located on the site to best achieve the screening
required between dissimilar uses.
C.
Clustering. In order to minimize visual impacts, preserve green space,
and protect important scenic resources, the Planning Board may require
subdivisions within the overlay district to be clustered.
D.
Development location and placement.
(1)
Development shall be located in a manner that maintains the
natural topography to the greatest extent feasible.
(2)
Development shall be sited in a manner to carefully integrate
the development into the vernacular landscape while minimizing the
adverse visual and environmental impacts.
(3)
To the extent practicable, development shall be placed as to
retain existing vegetation patterns such as wooded hills, open fields,
wood lots, and hedgerows.
(4)
The highest point of any structure shall not visually interrupt
a ridgeline or hilltop.
E.
Roadway buffer.
(1)
A roadway buffer of the lesser of 40 feet or 1/3 of the depth
of the lot shall be provided within the required development setback,
abutting the right-of-way of Route 54A. The Planning Board may permit
a modification of this provision due to unusual site conditions or
circumstances.
(2)
Where existing trees and significant vegetation exist within
the roadway buffer, they shall be retained as determined appropriate
and directed by the Planning Board.
(3)
Where such existing trees and significant vegetation are sparse,
the Planning Board may require revegetation.
(4)
To the greatest extent practicable, vegetation within a roadway
buffer shall remain within a roadway buffer. It may be pruned and/or
removed only if necessary to ensure proper visibility of oncoming
traffic, remove safety hazards or dying or diseased vegetation, or
for other good cause as approved by the Planning Board.
F.
Uses within roadway buffer.
(1)
Signage and other minor accessory features of the development
may be included within the roadway buffer if compatible with the purpose
of the roadway buffer or essential to the identification of the development,
subject to the approval of the Planning Board.
(2)
The construction of a driveway for access to a lot is permitted.
Such driveway shall be designed to minimize the clearing of vegetation.
G.
Exceptions to roadway buffer for scenic viewshed protection. When
the application of the roadway buffer requirement of this district
would have the practical effect of screening from view important scenic
sites, natural qualities or historic qualities, the Planning Board
may permit a modification of these provisions so that views of such
sites or qualities are retained. The intent of this provision is to
preserve lines of sight to view distant scenery from the 54A corridor.
H.
Exceptions for product viewing. For developments containing commercial
uses and which require the display of goods in view from the road,
the Planning Board may, upon application, permit a modification of
the development setback, roadway buffer and screening requirements
of this district to allow for reasonable but limited view of commercial
products from the road, provided that no such product view area shall
extend more than 20% of the total length of the property frontage
along the scenic corridor.
I.
Landscaping plan. A landscaping plan showing all existing and proposed
features, including trees, roadway buffer and other relevant features
of the landscape within the development setback, shall be required
to be approved by the Planning Board. Landscaping shall be installed
by the development applicant in accordance with the approved landscape
plan. Native plant materials are particularly encouraged.
J.
Utilities.
(1)
Utility rights-of-way shall be shared with other utility and/or
transportation rights-of-way where feasible, and shall be located
to minimize site disturbance, and any adverse impacts to natural,
cultural or scenic resources, and to public health.
(2)
Utility corridors shall follow natural contours.
(3)
All utility lines serving uses proposed or developed within
the scenic district, including electricity, telephone, data and cable
television, should be installed underground within the roadway buffer
and development setback area.
(4)
Underground utility trenches must be revegetated.
(5)
Utility boxes and cabinets that are now or must, by necessity,
be located above ground must be shielded from view from the scenic
corridor with existing vegetation and/or revegetation. Any aboveground
boxes that cannot be buried shall, in addition to being screened by
vegetation, be painted a neutral or earth-tone color or otherwise
made to blend in with their surroundings.
K.
Roads, driveways and paths.
(1)
A road pattern, or characteristics of any road pattern, proposed
as part of a development shall be designed and constructed to contribute
to the scenic character of the landscape in view.
(2)
Roads and driveways should follow natural contours in order
to fit into a scenic landscape and, to the extent practical, follow
existing linear features such as tree lines, stone walls or hedge
rows.
(3)
New roads and driveways constructed within the scenic district
shall not be dominant visually and there should be only a minimal
amount of road in view within the roadway buffer.
(4)
All roads, driveways and paths within the roadway buffer and
within the development setback area shall be stabilized and surfaced
with gravel, stone, asphalt or other materials approved by the Planning
Board.
(5)
Shared driveways and curb cuts are encouraged.
L.
Walls and fences.
(1)
Walls within or along the roadway buffer shall not be allowed,
except for low-lying decorative stone walls for enhancement of the
scenic corridor, or walls that are needed for slope stabilization.
Privacy fences shall not be permitted within the roadway buffer or
development setback area. Where permitted, walls shall be located
so that scenic views are maintained. Walls must consist of natural
materials and shall only be of those colors that blend with the vegetation
or abutting landscape features.
(2)
Existing stone walls and fences that are part of the historic
quality of the corridor shall not be removed.
M.
Parking.
(1)
Unless specifically waived by the Planning Board due to unusual
site conditions, parking shall be prohibited in the area between the
structure and State Route 54A.
(2)
All nonresidential parking areas between the structure and State
Route 54A shall be screened from view along State Route 54A. Parking
areas to the side or in the rear of the structure are not required
to be screened.
