City of Jamestown, NY Overlay Districts

Editor's Note: The title of this article was changed from "Historic Overlay District" to "Overlay Districts" 1-29-2018.

§ 300-0401 H-O Historic Overlay District.

§ 300-0402 Waterfront Development Overlay District.

§ 300-0401 H-O Historic Overlay District.

The Historic Overlay District shall serve as a supplement to the underlying zoning districts and shall not supplant the regulations of the underlying zoning districts. Permitted uses or structures within the overlay district shall be the same as those within the underlying district. The intent of this district is to promote and enhance the architectural heritage of the historically significant sectors of the City; and to encourage the preservation and enhancement of facades, signage and aesthetics of the existing buildings; and to permit new construction in a manner which complements the existing urban form of the district.

Applicability. All projects within this overlay district which require a building permit for exterior work shall be subject to preservation and enhancement review to be performed by the staff at the Department of Development and the Department of Public Works. However, should a project within this overlay district require Planning Commission review (pursuant to Article IX), then the Planning Commission shall perform the preservation and enhancement review.

Procedure for review. All projects within this district shall be reviewed within 45 days of submitting the building or site plan. All plans for exterior work within this district shall require the following:

Elevation drawings to include the existing and proposed facade design;

Building plan showing location and dimensions of all existing structure(s) and proposed improvements on site; and

Description of color, style and construction materials in place on all existing structure(s) and proposed improvements on site.

Review criteria. In accordance with the preservation and enhancement review, the following components shall be examined and a determination shall be made as to whether the project complies with the intent of this chapter:

The project shall be in harmony with all historically significant use(s) within the district;

The project shall be in harmony with the general character of the neighborhood; and

The project shall be in harmony with the architectural integrity and style of any effected structure(s).

Exception to review. Nothing in this article shall be construed to prevent the construction, reconstruction, alteration, restoration or demolition of any unsafe or dangerous feature which is determined to be a threat to public safety by the Building Inspector.

Appeal procedure. Should the applicant choose to appeal the determinations of staff, the Planning Commission shall review the proposed work at its next scheduled meeting. In the event that the applicant chooses to appeal the decision of the Planning Commission, said applicant shall have 30 days from the date of filing said decision with the City Clerk/Treasurer in which to commence special proceedings pursuant to the provisions of Article 78 of the Civil Practice Law and Rules.

[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]

§ 300-0402 Waterfront Development Overlay District.

[Added 1-29-2018]

Purpose and intent. This Waterfront Development Overlay District (WDOD) is being set forth to foster development within the district in accordance with the vision described in the City of Jamestown Local Waterfront Revitalization Program (LWRP), the intent of which is to promote and enhance the development and recreational use of the City's waterfront; to encourage the aesthetics of the existing buildings and waterfront area; to provide an integrated, cooperative approach to the protection of wetlands, riparian areas, and watercourses, including but not limited to wetlands, riparian areas, and the Chadakoin River; to preserve and enhance the natural and scenic values of the waterfront; increase the potential for public access to the waterfront; and to permit new construction in a manner that complements and enhances the existing form of the district. The proposed enhancement and redevelopment of each of the sub-districts has been described in the LWRP, and the proposed characteristics of each sub-district include:

The Chadakoin Outlet Sub-District will continue to contain a variety of land use patterns, including:

Industrial uses adjacent to the railroad, with redevelopment of a number of the currently vacant and underutilized properties within the area.

Green space proximal to the river and associated with Chadakoin Park, enhanced access to the river, an improved trail network, ecological preservation and enhancement, and new educational opportunities through the creation of a nature and educational center.

Commercial uses along Washington Street and Fluvanna Avenue, with infill development of underutilized and vacant properties.

Land use within the Downtown Sub-District will undergo the most significant change, as many of the current uses are not compatible with the vision for a vibrant waterfront with exceptional access, amenities, and programming that draw significant numbers of people. In some cases, uses are compatible and should be encouraged to be expanded upon. Where existing development is inconsistent, market forces will gradually encourage the inconsistent development to relocate to other, more appropriate areas of the City. Additional focus will be placed on development of the medical corridor concept, and the results will include the conversion of underutilized sites to medical office space and other related uses.

Land uses in the Industrial Heritage Corridor Sub-District will be modified slightly from existing conditions, where currently vacant and underutilized properties will be put back into productive use, primarily for commercial or industrial uses. Additionally, access to the river will be enhanced where appropriate to provide workers and residents alike the ability to enjoy the riverfront.

The East End Industrial Corridor Sub-District primarily consists of manufacturing facilities that are more modern and fully utilized. Future plans for the area call for continued use of this area for primarily industrial purposes. The few properties that are underutilized can be easily retrofitted for reuse and remain as industrial uses. Enhancements to the commercial and residential areas within this sub-district could include improved access to the waterfront and ecological preservation and enhancement along the river corridor.

Applicability. The Waterfront Development Overlay District shall be considered as overlaying other zoning districts as shown on the Zoning Map for the City of Jamestown. Review procedures are outlined in Subsection G of these overlay district regulations. These Waterfront Revitalization Standards are not intended to be substituted for other general zoning district provisions, but should be considered as additional requirements to be met by the applicant or developer prior to project approval. In those instances where the Waterfront Development Overlay District contains additional or greater restrictions or regulations, such uses shall not be allowed until such restrictions and/or regulations are complied with. In any cases where conflicts arise between these regulations and any other existing regulations, the more restrictive regulations shall apply.

Waterfront development sub-districts. Specifically, the Waterfront Development Overlay District should be considered as segmented into four primary sub-districts, each of which has its own existing and planned characteristics. The design and intent of any future development in the Waterfront Development Overlay District should be in concert with the plans for each of these sub-districts, which are shown on the Zoning Map and include:

Chadakoin Outlet Sub-District. This area stretches from the western City boundary to the edge of McCrea Point Park, from Fluvanna Avenue/Washington Street to the railroad tracks, and includes the Chadakoin River and associated wetlands complex in the western portion of the City.

Downtown Sub-District. This area stretches from McCrea Point Park to Winsor Street, from 4th Street to Allen Street/Glasgow Avenue/Hall Avenue, and includes the City's downtown core and Brooklyn Square.

Industrial Heritage Corridor Sub-District. This area stretches from Winsor Street to the east side of the Dahlstrom Complex, from 2nd Street to Allen Street, and includes many historic manufacturing facilities that are currently either vacant or underutilized.

East End Industrial Corridor Sub-District. This area stretches from the east side of the Dahlstrom Complex to Tiffany Avenue (the eastern City boundary), from 2nd Street to Buffalo Street, and includes many modern manufacturing facilities that are currently underutilized or fully active.

Permitted uses; prohibited uses

Permitted principal uses and structures, permitted accessory uses, and special permit uses will conform to the requirements for the underlying zoning districts; however, the following uses are specifically prohibited within the Waterfront Development Overlay District:

Junkyards and solid waste disposal or processing facilities.

Mineral extraction or surface mining.

Bulk fuel storage.

(d)

Bulk industrial chemical storage or processing.

Should any of the above-mentioned prohibited uses already exist within the Waterfront Development Overlay District, they are subject to the nonconforming use regulations found in Article VI.

Development standards. Development in the Waterfront Development Overlay District shall be consistent with the vision, goals and objectives of the City's Local Waterfront Revitalization Plan and the City's Urban Design Plan, and will also be reviewed using the following criteria:

Land use and development pattern. New development and redevelopment in the corridor is encouraged to be mixed-use, compact development and should include, if possible, infill development.

Sustainable building and site design. Development and redevelopment of sites and buildings in the Waterfront Development Overlay District should be encouraged to incorporate energy efficiency and stormwater green infrastructure elements consistent with the most current Leadership in Energy Efficiency and Design (LEED) standards for buildings, sites and neighborhoods.

Natural resource protection. In addition to the wetlands and waterfront transition criteria in this section, development and redevelopment within the WDOD shall, wherever practicable, preserve, protect and enhance water, plant and animal habitats, open spaces, scenic areas and historic/archeological resources.

Multimodal transportation. Development and redevelopment of properties within the Waterfront Development Overlay District shall enhance and provide opportunities for multimodal transportation and circulation for all users, including, but not limited to, sidewalks, trails, bicycle lanes, transit stops and traffic-calming measures.

(5)

Wetlands. Development and redevelopment of property within the WDOD shall provide appropriate protection of the City's wetland resources in order to protect wetland functions and values related to surface and ground water protection, wildlife habitat, and flood control. Development and redevelopment of property within the WDOD shall comply with Chapter 149, Freshwater Wetlands, of the City of Jamestown's Code, as well as any applicable state and federal wetland regulations.

(6)

Stormwater. All land development activity within the WDOD must manage construction and postconstruction stormwater runoff in accordance with the following regulations.

Any land development activity within the WDOD must comply with applicable state and federal stormwater regulations, requirements and guidelines. Depending on the specific land development activity (as outlined in state and federal law), this may include the preparation, submission, and approval of a stormwater pollution prevention plan (SWPPP).

Where feasible and when not in conflict with the SWPPP and other state or federal standards/requirements, the performance standards must be met through green infrastructure best management practices in the following order of preference:

Infiltration on site through such practices, including, but not limited to, bioretention cells/rain gardens, constructed wetlands, filter strips, porous pavement, retentive grading, swales, and subsurface infiltration.

Capture and reuse of runoff through low-impact practices, including, but not limited to, green roofs, blue roofs, and rain barrels or cisterns.

Waterfront Transition Areas. Areas immediately surrounding the Chadakoin River represent opportunities to reconnect the community with the river; contain wildlife that is a natural resource of local and statewide significance; and have the potential to improve visual aesthetics and water quality. The Waterfront Transition Areas are within the WDOD and provide special controls over vegetation, land use and development in areas adjacent to the river in order to provide improved waterfront access, riverbank stabilization, and habitat enhancements, and to protect the valuable and limited water resources in the City of Jamestown.

Intent and limits of Waterfront Transition Areas.

West Side Naturalized Transition Area. This area stretches along the Chadakoin River from the western City boundary to the Fairmount Avenue Bridge. The intent of this subarea is to develop a riparian buffer with a naturalized stream bank and a mixed plant community. Vegetation would include canopy trees, understory trees, shrubs, and herbaceous perennials.

West Side Pastoral Transition Area. This area stretches along the Chadakoin River from the Fairmount Avenue Bridge to the Sprague Street bridge. The intent of this subarea is to develop a riparian buffer with a more pastoral and naturalized feeling. Vegetation would include native/adaptive plant species, woody shrubs, and herbaceous perennials.

Main Street River Transition Area. This area stretches along the Chadakoin River from the Sprague Street bridge to the Harrison Street bridge (near Institute Street). The intent of this subarea is to develop the urban fabric and pedestrian connections to the river. This would be accomplished by encouraging the use of native plantings, developing access to the river, and encouraging a variety in use, look, and feel of the waterfront land.

(d)

East Side Pastoral Transition Area. This area stretches along the Chadakoin River from the Harrison Street Bridge (near Institute Street) to the Harrison Street Bridge (near Winsor Street). The intent of this subarea is to develop a riparian buffer with a more pastoral and naturalized feeling. Vegetation would include native/adaptive plant species, woody shrubs, and herbaceous perennials.

(e)

East Side Naturalized Transition Area. This area stretches along the Chadakoin River from the Harrison Street Bridge (near Winsor Street) to Tiffany Avenue (the eastern City boundary). The intent of this subarea is to develop a riparian buffer with a naturalized stream bank and a mixed plant community. Vegetation would include canopy trees, understory trees, shrubs, and herbaceous perennials.

Waterfront Transition Area setback distances. The width of the Waterfront Transition Areas will vary depending on the river's width and waterfront setback distances as described below. These waterfront setbacks shall be a minimum distance from the top of bank, which is defined as the break in slope between the bank and the surrounding terrain. In the event of a conflict between a Waterfront Transition Area setback and that in the underlying district zoning, the more restrictive setback shall prevail with respect to all buildings, structures, and parking areas.

In R-2 and R-C Districts, the minimum waterfront setback shall be no less than 25 feet from the top of bank; however, if 25 feet is more than 25% of the lot depth, then the waterfront setback shall be 25% of the lot depth.

In L-C, C-2, C-4, C-M, L-M, and M Districts, the minimum waterfront setback shall be no less than 30 feet from the top of bank.

The following conditions shall apply to all Waterfront Transition Areas:

No building, structure or parking area shall be constructed within the Waterfront Transition Areas, except for structures used exclusively for water-dependent uses as defined in the LWRP Section II 2.2 or that are designed and built specifically for the purpose of providing pedestrian access and travel along the bank (e.g., Riverwalk), for improving the safety of such access and travel, or for facilitating boat access to the river without disturbing pedestrian access.

Snow storage areas designated pursuant to site plan shall not be located within the Waterfront Transition Areas unless the applicant can demonstrate that there is no reasonable alternative location for snow storage on the same property and measures such as infiltration areas or enhanced buffer vegetation have been incorporated into the site plan and/or stormwater treatment system to reduce the potential for erosion and contaminated runoff entering the associated watercourse as a result of snow melt.

Encroachments necessary to rectify a natural catastrophe for the protection of the public health, safety and welfare are allowed. Such encroachments shall be undertaken so as to minimize the impact and every reasonable effort shall be made to restore the site after the activity is completed.

(d)

Encroachments are allowed as necessary for providing for or improving public facilities in those cases where there is no reasonable alternative to impacting the waterfront setback area.

(e)

Utility lines, including power, telephone, cable, fiber, sewer and water, to the extent necessary to cross or encroach into the Waterfront Transition Area where there is no feasible alternative for providing or extending utility services, will be allowed.

The following are specific conditions for each Waterfront Transition Area:

The West Side Naturalized Transition Area and East Side Naturalized Transition Area will consist partly or wholly of heavily vegetated areas of native vegetation and trees in order to restabilize the riverbank, reduce the impact of stormwater runoff, reduce sedimentation, and increase infiltration and base flows in the Chadakoin River. The two subareas will include a naturalized stream bank and a riparian buffer with mixed plant community, canopy trees, understory trees, shrubs, and herbaceous perennials. The specific standards for the vegetation and maintenance of these areas are as follows:

All lands not already developed within these two subareas shall be left in an undisturbed, naturally vegetated condition, unless said development is one of the exceptions listed in Subsection F(3)(a) (e.g., a water-dependent use, Riverwalk, or boat access). Any areas within these two subareas that are not vegetated, otherwise covered, or that are disturbed during construction shall be revegetated with a mixed plant community, including canopy trees, understory trees, shrubs, and herbaceous perennials. If the construction-related disturbance impacts tree or shrub species, the disturbed area shall be restored using the same species of trees and shrubs. Supplemental planting and landscaping with appropriate species of vegetation to restabilize the riverbank, reduce the impact of stormwater runoff, reduce sedimentation, and increase infiltration and base flows in the river shall be permitted.

The clearing of trees within these two subareas that are not dead, diseased, or heavily damaged by ice storms or other natural events, and the clearing of any other vegetation other than invasive species, is not permitted, unless the clearing is required for the development of a water-dependent use, Riverwalk, or boat access.

[3]

Areas within these two subareas shall not be mowed more than one time per calendar year after the effective date of these regulations. Mowing shall not be undertaken until after August 15 of each year in order to prevent impacts to ground nesting species. Mowing of existing lawn areas or for agricultural activities is exempt from this requirement.

[4]

The creation of lawn areas within these two subareas is not permitted after the effective date of these regulations.

The West Side Pastoral Transition Area and East Side Pastoral Transition Area will consist partly or wholly of pastoral areas of native and adaptive plant species in order to balance environmental and public waterfront access needs. The two subareas will balance the environmental needs to restabilize the riverbank, reduce the impact of stormwater runoff, reduce sedimentation, and increase infiltration and base flows in the Chadakoin River with the need to provide both physical and visible access to the waterfront. The two subareas will include a combination of naturalized and pastoral stream banks and a riparian buffer with native/adaptive plant species, woody shrubs, and herbaceous perennials. The specific standards for the vegetation and maintenance of these areas are as follows:

All lands not already developed within these two subareas shall be left in an undisturbed, naturally vegetated condition, unless said development is one of the exceptions listed in Subsection F(3)(a) (e.g., a water-dependent use, Riverwalk, or boat access). Any areas within these two subareas that are not vegetated, otherwise covered, or that are disturbed during construction shall be revegetated with native/adaptive plant species, woody shrubs, and herbaceous perennials. Supplemental planting and landscaping with appropriate species of vegetation to restabilize the riverbank, reduce the impact of stormwater runoff, reduce sedimentation, and increase infiltration and base flows in the river shall be permitted.

The clearing of trees and woody shrubs within these two subareas shall be allowed in order to improve public access (both physical and visual) to the waterfront; however, it is encouraged to refrain from removing trees and woody shrubs that are not dead, diseased, or heavily damaged by ice storms or other natural events. The clearing of any other vegetation other than invasive species, is not permitted, unless the clearing is required for the development of a water-dependent use, Riverwalk, or boat access.

[3]

Areas within these two subareas between the water's edge and the top of bank shall not be mowed more than one time per calendar year after the effective date of these regulations. In these areas, mowing shall not be undertaken until after August 15 of each year in order to prevent impacts to ground nesting species. Areas within these two subareas between the top of bank and the minimum setback shall not be mowed more than two times per calendar year after the effective date of these regulations. Mowing of existing lawn areas or for agricultural activities is exempt from this requirement.

[4]

The creation of lawn areas within these two subareas is not permitted after the effective date of these regulations.

The Main Street River Transition Area will consist partly or wholly of manicured landscaping and paved/stoned surfaces to facilitate public access to the waterfront. The subarea will include a combination of paved/stoned, manicured, pastoral, and naturalized stream banks and a riparian buffer that is, for the most part, highly manicured and vegetated with lawn grass, bushes, and trees. The specific standards for the vegetation and maintenance of this area are as follows:

Lands within this subarea shall have a manicured park-like feel with vegetation, including trees, bushes, grasses and other habitat. The use of native vegetation is encouraged.

Lands within this subarea may be developed with water-dependent uses, riverwalk (including occasional trail spurs to the river's edge and meeting the specifications of the City's Riverfront Trail system), or boat access.

[3]

Paving with concrete, asphalt, stone or other material for all other water enhanced uses (such as a patio or other outdoor seating or use) is permitted; however, such impervious surfaces will be located a minimum of 15 feet from the river.

Procedure for review.

Any proposed principal building or any proposed or expanded paved area larger than 5,000 square feet that would be partially or entirely located within the WDOD shall be submitted for review by the Planning Board. Site plan review shall be conducted in accordance with the procedures established in the zoning code. In the event of a conflict between the regulations of the WDOD and those of the site plan review process at Ch. 300, Article IX, of the City of Jamestown Zoning Ordinance, the regulations of the WDOD shall apply. All projects within this district shall be reviewed within 45 days of submitting the building or site plan.

All plans for exterior work within the WDOD shall require the following:

Elevation drawings to include the existing and proposed design;

Site plans showing location and dimensions of all existing structure(s), state and federal wetlands and associated proposed impacts, proposed improvements on site, and proposed stormwater management and treatment design; and

Description of (if any) waterfront amenities; public waterfront access; riparian buffers, and wetland mitigation.

Review criteria. In accordance with the Local Waterfront Revitalization Program Consistency Review Law, codified at Chapter 400 of the City of Jamestown Code, the Planning Board shall examine the following criteria in determining whether the project complies with the intent of this chapter. The Planning Board shall not approve a project unless it satisfies each of the following criteria:

The project shall be consistent with all water-dependent and water-enhanced use(s) within the WDOD and the specific subdistrict in which the project is located;

The project shall be consistent with the general character of the waterfront, the WDOD, and the specific subdistrict in which the project is located;

The project shall be consistent with the LWRP;