A.
Except as herein provided, the regulations of this
chapter shall not be so construed as to limit or interfere with the
dedication, development or use of any land or building for public
parks, playgrounds or public schools required for compulsory education
or with the use of land or buildings owned by the United States government,
the State of New York or any agency or municipality thereof, the County
of Chautauqua or the City of Jamestown and used for governmental purposes
or with the construction, installation, operation and maintenance
for public utility purposes of water or gas mains or conduits, electric
light or electric power transmission lines or distribution lines,
or distribution facilities, telephone or telegraph lines, cable television
lines, steam or district heating transmission lines, sewers, sewer
mains or railroad rights-of-way existing or hereafter authorized by
the City of Jamestown.
B.
These exemptions, however, shall not be interpreted
to permit yards, garages or other buildings for the storage of materials
or equipment which are otherwise permitted by this chapter as specific
permitted uses in appropriate districts.
C.
These exemptions, however, shall not be interpreted
to exclude or exempt any public school or governmental entity or agency
from the site plan review regulations of this chapter.
D.
These exemptions, however, shall not be interpreted
to exclude any public school or governmental entity or agency from
the regulations of this chapter in the performance of a proprietary
function.
Nothing contained in this chapter shall prevent
the construction of a building or other structure which is made nonconforming
by this chapter or subsequent amendment hereto for which a building
permit has been lawfully issued, provided that either construction
of the foundation shall have commenced prior to the nonconforming
date, and construction thereafter is diligently prosecuted; or the
Board of Appeals makes a finding that substantial expenditures have
been made or substantial financial obligations have been incurred
for such nonconforming building or structure prior to the nonconforming
date.
Whenever any provision of this chapter is at
variance or conflicts with any other provision of this chapter or
of any other statute, local ordinance, local law or regulation covering
any of the same subject matter, the most restrictive provision or
the one imposing the higher standard shall govern.
If any use could be construed to be incorporated
within a more general use listing, the more specific listing, if any,
shall control. Where a use is first listed in a less restricted district,
such use shall not be construed to be permitted in a more restricted
district. No use shall be permitted in any zoning district unless
stated to be permitted in a specific or general permitted use listing
for such zoning district.
For every corner lot, no sign, fence, wall,
shrub planting or tree foliage which obstructs vision or is three
to seven feet above the street level shall be placed or maintained
within the triangular area formed by the intersecting property lines
and a straight line joining such property line at points which are
30 feet distant from the point of intersection measured along such
property line. Authority to enforce this regulation shall lie with
the Department of Public Works.
A.
Except as otherwise regulated under corner visibility
provisions and required screening, ornamental fences not over 3.5
feet may be located in any required open space, and a fence not over
six feet in height may be located in any rear or side yard except
an exterior side yard. The installation or maintenance, however, of
any wire fence with exposed sharp points, barbs or electric charges
in any R District is hereby prohibited.
B.
No fence, wall, shrub planting, tree foliage or other
permanent structure within five feet of the side of any driveway,
which obstructs vision or is three feet or higher above sidewalk level,
shall be placed or maintained within eight feet of the point at which
said driveway intersects a sidewalk.
No person shall strip, evacuate or otherwise
remove topsoil for sale or for use other than on the premises from
which the same shall be taken, except in connection with the construction
or alteration of a building on such premises or evacuation or grading
incidental thereto. In the manufacturing districts, removal of topsoil
and surface dirt shall be permitted insofar as adjoining street grades
are adhered to.
Provided that said excavation complies with
all State of New York regulations for mining, there may be permitted
in any noncommercial district, on approval by the Board of Appeals
as provided for in this chapter, the excavation and sale of sand,
gravel, clay, shale or other natural mineral deposit, except topsoil,
and there may be permitted the quarrying of any kind of rock formation
subject to the following conditions:
A.
In the case of any open excavation, there shall be
a substantial fence with suitable gates completely enclosing the portion
of the property in which the excavation is located, and such fence
shall be located at all points 40 feet or more distance from the edge
of such excavation.
B.
The slope of the material and such sand, gravel or
other pit shall not exceed the normal angle of repose of such material,
and the plane of such angle or repose shall not come closer than 40
feet to any property line.
C.
In the case of a quarry or other excavation in rock,
there shall be a substantial fence with suitable gates at all points
a distance of 40 feet or more from the base of any quarry wall.
D.
No rockcrusher, cement plant or other crushing, grinding,
polishing or cutting machinery or other physical or chemical processes
for treating the product of such a quarry shall be permitted.
E.
No such quarry wall shall be closer than 40 feet to
any property line.
F.
The product of such quarry shall be removed in the
form in which it is quarried.
Within all flood-prone areas (as defined by
Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, Community
Panel Numbers 360141 0001-0006), the following guidelines shall apply:
A.
Any development within a floodplain shall comply with all pertinent state and federal regulations and with chapter 145 of the City Code.
B.
This law prohibits any person, firm or corporation
from erecting, constructing, enlarging, altering, repairing, improving,
moving or demolishing any building or structure without first obtaining
a separate building permit for each building or structure from the
Building Inspector. A floodplain development permit shall also be
required.
C.
The Building Inspector shall examine all plans and
specifications for proposed construction when application is made
for a building permit.
D.
The Building Inspector shall review all building permit
applications for new construction or substantial improvements to determine
whether proposed building sites will be reasonably safe from flooding.
If a proposed building site is in a location that has a flooding hazard,
any proposed new construction or substantial improvement shall:
E.
The Department of Public Works shall review subdivision
proposals and other proposed new developments to assure that:
(1)
All such proposals are consistent with the need
to minimize flood damage;
(2)
All public utilities and facilities, such as
sewer, gas, electrical and water systems, are located, elevated and
constructed to minimize or eliminate flood damage; and
(3)
Adequate drainage is provided so as to reduce
exposure to flood hazards.
F.
The Department of Public Works shall require new or
replacement water supply systems and/or sanitary sewage systems to
be designed to minimize or eliminate infiltration of floodwaters,
and require on-site waste disposal systems to be located so as to
avoid impairment of them or contamination from them during flooding.
The following temporary structures shall be
deemed to be permitted uses in all zoning districts:
A.
Temporary structures or uses incidental to construction
work shall be permitted for the duration required for the completion
of said work. Any such structure shall be removed forthwith upon the
completion or abandonment of the construction work.
B.
The temporary use of a dwelling as a model home for
a period of time not to exceed three months.
In all districts, with respect to all uses,
every lot shall have at least 50 feet of frontage on a public or private
street or cul-de-sac.
A.
No part of any building used as a gasoline service
station and no filling pump, lift or other service appliance shall
be erected within 25 feet of an R District boundary.
B.
No gasoline or oil pump, no oiling or greasing mechanism
and no other service appliance shall be installed in connection with
any gasoline service station within 20 feet of any property line.
C.
Storage of gasoline shall be in underground tanks
approved by the Chief of the Fire Department, in accordance with the
standards specified by the National Fire Protection Association.
D.
Storage of gasoline shall be in underground tanks
approved by the Fire Inspector in accordance with the standards specified
by the National Fire Protection Association.
[Amended 2-24-2003]
E.
Gasoline service stations and repair garages are prohibited from
locating these facilities within 200 feet (from the top of bank) of
the Chadakoin River.
[Added 6-24-2013]
The Uniform Fire Prevention and Building Code,
as amended from time to time, shall form part of this chapter. Where
there is a conflict between the Uniform Fire Prevention and Building
Code and this chapter, the more restrictive shall prevail. All ordinances
or parts thereof in conflict with this chapter are hereby repealed.
[Amended 2-23-2009]
A.
The keeping and maintenance of a large number of dogs on residential
premises is detrimental, or liable to be detrimental, to the good
order, health and general welfare of the inhabitants of the City of
Jamestown.
B.
The keeping of a large number of dogs on residential property has
an adverse impact on the value of neighboring properties.
C.
The maximum allowable number of dogs on a premises that is classified
as a one- or two-family residence or any commercial property shall
be three for the entire premises.
D.
For premises that are classified as multiple dwellings, those properties
containing three or more units, the maximum allowable number of dogs
on the premises shall be one per household.
E.
No owner of a dog shall keep or harbor a dog in an unclean or unsanitary
manner.
F.
No owner of a dog shall fail to provide adequate food, water or space
for such dog. "Adequate" shall mean sufficient for the age and size
of each dog on the premises per veterinary standards.
G.
It shall be the duty of every dog owner or person having possession,
custody or control of a dog to remove any feces left by said dog on
any property within the corporate boundaries of the City of Jamestown
and deposit the feces in a sealed container lawfully used for the
disposal of refuse.
H.
Individuals who currently 1) own more than three dogs in a one- or two-family residence or commercial property or 2) own more than one dog per household in a multiple dwelling (three or more units) shall have 180 days to comply with the provisions of this section. If, after 180 days, individuals continue to be in violation of this section, they may be subject to the penalties outlined in § 1-1 of the Jamestown City Code.
Earth stations and dish antennas are permitted
in any district, provided that:
A.
A building permit shall be obtained from the Department
of Public Works with plans and specifications.
B.
There shall be no more than one antenna or station
per structure in any L-C or residential district; nor shall there
be more than four antennas or stations in any commercial or manufacturing
district.
C.
Said antenna or station shall not be located in any
front yard.
E.
Said antenna or station shall not stand at a height
greater than the highest point of the principal structure on the same
lot or parcel.
F.
Should the station or antenna be situated on the ground,
it shall be sufficiently screened through the use of landscaping or
architectural features which harmonize with the elements and the characteristics
of the property and adjacent properties per the approval of the Department
of Public Works.
G.
Should the station or antenna be situated on the ground,
it shall be set back at least 10 feet from the adjacent property lines.
H.
The owner of an earth station or dish antenna shall
assume complete liability in case of personal injury, death or property
damage which may result from the installation, maintenance, use or
operation of such earth station or dish antenna, and the City of Jamestown
shall in no event have any liability therefor.
I.
Earth stations and dish antennas shall meet all manufacturers'
specifications and shall be capable of withstanding a maximum wind
load of 100 miles per hour.
J.
All earth stations and dish antennas shall be maintained
in good condition and in accordance with the requirements of this
section. No additions, changes or modifications shall be made to an
earth station or dish antenna unless the addition, change or modification
is in conformity with the provisions of this section and such addition,
change or modification is approved by the Building Inspector by the
issuance of an amended building permit.
K.
No earth station or dish antenna shall bear any commercial
or noncommercial copy other than that of the manufacturer of said
antenna or station.
Cellular phone towers shall only be permitted
in C and M Districts, provided that:
A.
A building permit shall be obtained from the Department
of Public Works with plans and specifications;
B.
Said tower shall not exceed 60 feet in height from
the ground;
C.
An effort shall be made to blend the tower with the
existing architecture or infrastructure in the area;
D.
Said tower shall be capable of withstanding a maximum
wind load of 100 miles per hour;
E.
Said tower shall be maintained in good condition and
in accordance with the requirements of this section. No additions,
changes or modifications shall be made to a tower unless the addition,
change or modification is in conformity with the provisions of this
section and such addition, change or modification is approved by the
Building Inspector by the issuance of an amended building permit;
F.
No tower shall bear any commercial or noncommercial
copy; and
G.
A special use permit is obtained from the Zoning Board
of Appeals.
[Added 6-24-2013]
Community and home gardens shall only be permitted in an R-1,
R-2 and R-C Districts provided that:
A.
Community gardens shall be less than one acre in size. Cultivated
space shall occupy no more than 60% of the lot.
B.
Home gardens are a permitted use in all residential districts.
C.
All community gardens and their uses must comply with all federal,
state, and local laws and regulations relating to the operation, use,
and enjoyment of the garden premises. Site users may not introduce
heavy metals or other harmful contaminants to garden or farm sites.
Site users may NOT use pesticides.
D.
Prior to establishment, site users shall inquire into historical
use of the property and undertake soil testing to measure nutrients,
heavy metals, and any other harmful contaminants that may be present.
The soil testing results and proposed remediation methodology (if
needed) shall be provided to and kept on file with the City. Construction
of raised bed(s), which are then filled with clean soil, will obviate
the need to test soil.
E.
Site users must have an established set of operating rules addressing
the governance structure of the garden, hours of operation, maintenance,
and security requirements; must have a gardening coordinator to perform
the coordinating role for the management of the community gardens
and to liaise with the City; and must assign garden plots in a fair
and impartial manner according to the operating rules established
for that garden. The name and telephone number of the garden coordinator
(or those of the leadership team members) and a copy of the operating
rules shall be kept on file with the City Department of Development
(or the lead community garden nonprofit organization, as appropriate).
(1)
The land shall be served by a water supply sufficient to support
the cultivation practices used on the site
(2)
The site must be designed and maintained so that water will
not drain into adjacent property
(3)
All seed shall be stored in a sealed, rodent-proof container
and housed within an enclosed structure.
(4)
To the extent permitted under federal and state law, site users
must use organic and sustainable growing practices.
F.
In a community garden, compost materials from the garden or gardeners
shall be stored at least 10 feet from adjacent property and in a manner
that is not visible from adjacent property (shielded from view by
shrubbery or an enclosure), controls odor, prevents infestation, and
minimizes runoff into waterways and onto adjacent properties. Waste
shall be collected regularly by the municipality. Gardeners shall
ensure that containers are placed in specified location to assist
municipality in waste removal.
G.
Setbacks in community gardens and urban farms shall be consistent
with setback standards of the underlying zoning districts. Grass shall
be maintained in a manner consistent with the City's Housing Maintenance
Code.
H.
Fences are permitted as regulated in the underlying zoning district.
I.
Fences shall not exceed four feet in height, and shall be constructed
of wood, chain link or ornamental metal. For any garden that is 15,000
square feet in area or greater and is in a location that is subject
to a staff-level site plan review and approval by City staff, on behalf
of the Planning Commission, best efforts shall be taken to ensure
that the fence is compatible in appearance and placement with the
character of nearby properties.
J.
Any signs shall comply with applicable City ordinances.
K.
At community gardens, produce shall be grown primarily for personal
or shared use or donation.
