Jamestown City Zoning Code

ARTICLE III

Zoning District Regulations

§ 300-0301 Establishment of zoning districts.

The City of Jamestown is hereby divided into the following zoning districts:

	L-C	Land Conservation
	R-1	Single-Family Residential
	R-2	Two-Family Residential
	R-C	Multiple-Family Residential and Professional Office
	C-1	Neighborhood Commercial
	C-2	Community Commercial
	C-3	Central Business - Downtown
	C-4	Central Commercial
	C-M	Service and Highway Commercial
	L-M	Light Manufacturing
	M	Manufacturing

Wherever districts are referred to as "more restrictive" or "less restrictive," the designation shall refer to the order in which the districts are named above with the first being the most restrictive.

§ 300-0302 Zoning Map.

The boundaries of districts set forth in this article are hereby established as shown on the Zoning Map, which with all explanatory matter thereon is hereby declared to be a part of this chapter.[1]

[1]

Editor's Note: The Zoning Map is on file and available for inspection in the office of the City Clerk/Treasurer.

§ 300-0303 Interpretation of boundaries.

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map of the City of Jamestown, the following rules shall apply:

Where district boundaries are indicated as approximately following the center line of streets, such center lines shall be construed to be such boundaries.

Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries.

Where district boundaries are so indicated that they are approximately parallel to center lines of streets, such boundaries shall be construed as being parallel thereto and at such distance as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Map.

§ 300-0304 L-C Land Conservation District.

The purpose of the Land Conservation District is to preserve and protect those areas where the substantial development of land in the form of buildings or structures is not desirable because of special or unique conditions of the topography and/or the environment. Use regulations are as follows:

Permitted principal uses or structures:

(1)

Noncommercial agricultural operations, including farms, gardens, nurseries and greenhouses (excluding dwellings).

(2)

Parks, playgrounds, athletic fields, marinas, game preserves and other similar uses (including associated accessory buildings).

(3)

Fire stations.

(4)

Police substations.

Permitted accessory uses: Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

	L-C: Land Conservation District
	Description	Use Regulation (feet)
	Minimum lot area	None
	Minimum lot width	200
	Minimum front yard	40
	Minimum side yards	20 for each side yard
	Minimum rear yard	50
	Maximum height of building	35

§ 300-0305 R-1 Single-family residential district.

Use regulations in the R-1 District are as follows:

Permitted principal uses or structures:

(1)

Single-family dwellings.

(2)

Churches or similar places of worship, parish houses, convents, rectories or parsonages.

(3)

Public or private nonprofit, elementary or secondary schools accredited by the New York State Department of Education.

(4)

Parks, playgrounds, athletic fields, marinas, game preserves and other similar uses (including usual accessory buildings).

(5)

Any educational and/or charitable not-for-profit institute or corporation chartered or otherwise accredited by the University of the State of New York Education Department for the purpose of research, teaching or study of natural history, wildlife, ecology and related subject areas.

(6)

Continuation of agricultural operations in existence at the time of the passage of this chapter, provided that no odor or dust-producing operations be conducted within 100 feet of any adjacent property line. New agricultural operations other than the cultivation of crops shall be prohibited as shall the housing of barn animals, including but not limited to cows, horses, pigs, goats, sheep, chickens, ostriches and other similar livestock.

(7)

Planned unit residential developments, as regulated in Article VIII.

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

Private garages for the use of residents of the premises, including the leasing of space to a nonresident of the premises for not more than one noncommercial vehicle.

(2)

Off-street parking area (not including driveways) for noncommercial vehicles, provided that:

(a)

Said area is not located in a front or side yard; and

(b)

Said area is surfaced with a durable and dustless material.

(3)

One commercial vehicle driven by the residents may be stored on the premises only within a completely enclosed building.

(4)

Private family swimming pools pursuant to the New York State Uniform Fire Prevention and Building Code.

(5)

Home occupations as defined in Article I.

(6)

Storage of one camp trailer (not including mobile homes); or one utility trailer; or one boat owned by the occupant of the premises for personal use, provided that:

(a)

Said trailer or boat is not located in a front yard or side yard; and

(b)

Said trailer or boat is under a roof if its registration is not current.

(7)

Dog runs, provided that they are not located in a front yard.

(8)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

R-1 Single-Family Residential District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	8,000 square feet
	All other buildings	10,000 square feet
Minimum lot width		70 feet
Minimum front yard		25 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	30 feet for each side yard
Minimum rear yard		25% of the lot depth, but no less than 25 feet
Maximum height of buildings		35 feet

§ 300-0306 R-2 Two-Family Residential District.

Use regulations in the R-2 District shall be as follows:

Permitted principal uses or structures:

(1)

As permitted and regulated in R-1 Districts.

(2)

Two-family dwellings.

(3)

Single-chair, owner-occupied beauty parlors or barber shops, only after obtaining a special use permit from the Zoning Board of Appeals.

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

As permitted and regulated in R-1 Districts.

(2)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

R-2 Two-Family Residential District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	8,000 square feet
	Two-family dwellings	10,000 square feet
	All other buildings	10,000 square feet
Minimum lot width		70 feet
Minimum front yard		25 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	30 feet for each side yard
Minimum rear yard		25% of the lot depth, but no less than 25 feet
Maximum height of buildings		35 feet

§ 300-0307 R-C: Multiple-Family Residential and Professional Office District.

Use regulations in the R-C District shall be as follows:

Permitted principal uses and structures:

(1)

As permitted and regulated in R-2 Districts.

(2)

Multifamily dwellings.

(3)

Boardinghouses or rooming houses, only after obtaining a special use permit from the Zoning Board of Appeals.

(4)

Nursing or convalescent homes, only after obtaining a special use permit from the Zoning Board of Appeals.

(5)

Mortuaries.

(6)

Medical or professional office buildings.

(7)

Barbers and beauty salons.

(8)

Telephone exchanges.

(9)

Art, dance, music, photography and health studios.

(10)

Opticians and optometrists.

(11)

Travel bureau.

(12)

Day-care center.

(13)

Nonretail computer information business.

(14)

Meeting rooms for private clubs and fraternal organizations.

(15)

Nonprofit institutions for charitable, cultural or community social purposes.

(16)

Hospitals, provided that the minimum lot area is at least one acre and that no such use is conducted within 50 feet of any street or lot line.

(17)

New York State licensed massage therapist.

(18)

Public parking lots.

(19)

Bed-and-breakfast establishments, by special use permit and site plan approval, provided that all required off-street parking (per §§ 300-0506 and 300-0507) are provided on site, that all setback requirements are met and that signage requirements (per § 300-0709A) are met.

[Added 12-16-2002]

(20)

Body art facilities.

[Added 6-15-2020]

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

As permitted and regulated in R-2 Districts.

(2)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

R-C Multifamily Residential District and Professional Office District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	6,000 square feet
	Two-family dwellings	8,000 square feet
	Multifamily dwellings	8,000 square feet for the first two dwelling units and 1,500 square feet for each additional dwelling unit
	All other buildings	8,000 square feet
Minimum lot width		60 feet
Minimum front yard		25 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	15 feet for each side yard
Minimum rear yard		25% of the lot depth, but no less than 25 feet
Maximum height of buildings		35 feet

§ 300-0308 C-1 Neighborhood Commercial District.

Permitted principal uses and structures:

(1)

As permitted and regulated in the R-C District.

(2)

General business offices.

(3)

Personal service establishments, including but not limited to shoe repair, laundromats and dry-cleaning.

(4)

Retail uses when conducted within a completely enclosed building, but not included by general reference uses specifically listed in C-2, C-3, C-4 and C-M Districts.

(5)

Computer, radio or television sales or repair shops.

(6)

Banks or credit unions.

(7)

Copy centers.

(8)

Commercial swimming pools pursuant to Chapter 265 of the City Code and the New York State Uniform Fire Prevention and Building Code.

(9)

Bed-and-breakfast establishments.

[Added-12-16-2002]

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

As permitted and regulated in R-C Districts.

(2)

Coffee or snack bars in conjunction with retail sales.

(3)

Manufacturing and processing of articles incidental to the conduct of retail businesses lawfully conducted on the premises, provided that:

(a)

All such articles are sold on the premises;

(b)

Not more than four persons are engaged in such manufacturing or processing at any one time in any one establishment; and

(c)

Such activity shall not produce offensive fumes, odors, noise, vibration, heat, glare or dust outside the walls of the building.

(4)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

C-1 Neighborhood Commercial District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	6,000 square feet
	Two-family dwellings	8,000 square feet
	Multifamily dwellings	8,000 square feet for the first two dwelling units and 1,500 square feet for each additional dwelling unit
	All other buildings	As regulated by setback, open space and off-street parking requirements
Minimum lot width		As regulated by setback, open space and off-street parking requirements
Minimum front yard		25 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	6 feet for each side yard
Minimum rear yard
	Dwellings and accessory structures	25 feet
	All other buildings	10 feet except that where a rear yard abuts a lot in an R District, it shall be at least 30 feet
Maximum height of buildings		40 feet

§ 300-0309 C-2 Community Commercial District.

Use regulations in the C-2 District shall be as follows:

Permitted principal uses or structures:

(1)

Uses as permitted and regulated in C-1 Districts.

(2)

Gasoline service stations and repair garages, subject to the limitations of § 300-0212.

(3)

Restaurants.

(4)

Printing establishments.

(5)

Hotels and motels.

(6)

Nonpublic schools operated for a profit.

(7)

Bowling alleys.

(8)

Theaters.

(9)

Unrestricted retail sales, but not including by general reference use specifically listed in the C-M District.

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

As permitted and regulated in C-1 Districts.

(2)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

C-2 Community Commercial District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	6,000 square feet
	Two-family dwellings	8,000 square feet
	Multifamily dwellings	8,000 square feet for the first two dwelling units and 1,500 square feet for each additional dwelling unit
	All other buildings	As regulated by setback, open space and off-street parking requirements
Minimum lot width		As regulated by setback, open space and off-street parking requirements
Minimum front yard		15 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	6 feet for each side yard except that where a side yard abuts a lot in an R District, it shall be at least 30 feet
Minimum rear yard
	Dwellings and accessory structures	25 feet
	All other buildings	10 feet except that where a rear yard abuts a lot in an R District, it shall be at least 30 feet
Maximum height of buildings		40 feet

§ 300-0310 C-3 Central Business District - Downtown.

Use regulations in the C-3 District shall be as follows:

Permitted principal uses and structures:

(1)

As permitted and regulated in C-2 Districts.

(2)

Computer and data processing establishments.

(3)

Television and radio stations.

(4)

Bus or railroad passenger terminals.

Newspaper plants.

Sports arenas.

Auditoriums.

Convention centers.

Museums.

Art galleries.

Libraries.

All other public assembly places.

(13)

Light manufacturing and warehousing only after obtaining a special use permit from the Zoning Board of Appeals.

(14)

Residential uses shall not be permitted on the first floor of any mixed occupancy structure.

[Added 1-30-2017]

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

As permitted in C-2 Districts.

(2)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

	C-3 Central Business District - Downtown
	Description	Use Regulation
	Minimum lot area	None
	Minimum lot width	None
	Minimum front yard	None
	Minimum side yards	None, except that where there is one it shall be six feet, and where a side yard abuts a lot in an R District, it shall be 30 feet for each side yard
	Minimum rear yard	None
	Maximum height of buildings	100 feet

§ 300-0311 C-4 Central Commercial District.

Use regulations in the C-4 District shall be as follows:

Permitted principal uses and structures:

(1)

As permitted and regulated in C-3 Districts.

(2)

Light manufacturing and warehousing only after obtaining a special use permit from the Zoning Board of Appeals.

(3)

Residential uses shall not be permitted on the first floor of any mixed occupancy structure.

[Added 1-30-2017]

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

As permitted in C-3 Districts.

(2)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

C-4 Central Commercial District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	6,000 square feet
	Two-family dwellings	8,000 square feet
	Multifamily dwellings	8,000 square feet for the first two dwelling units and 1,500 square feet for each additional dwelling unit
	All other buildings	10,000 square feet
Minimum lot width		As regulated by setback, open space and off-street parking requirements
Minimum front yard		15 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	6 feet for each side yard except that where a side yard abuts a lot in an R District, it shall be at least 30 feet
Minimum rear yard		10 feet except that where a rear yard abuts a lot in an R District, it shall be at least 30 feet
Maximum height of buildings		None, except that buildings over 50 feet in height shall include a front yard, ground-level open space of 10% of the lot area. Such space may be paved or landscaped and contain decorative structures such as benches, fountains, etc.

§ 300-0312 C-M Service and Highway Commercial District.

Permitted principal uses or structures:

(1)

Uses as permitted and regulated in C-4 Districts, provided that all nonresidential uses have their primary orientation toward a major street or highway, and in no case shall such uses have their orientation solely on a side street. Furthermore, light manufacturing and warehousing uses are permitted only after obtaining a special use permit from the Zoning Board of Appeals.

(2)

The following principal uses, provided that their primary orientation is toward a major street or highway, and in no case shall such principal uses have their orientation solely on a side street:

(a)

Motor vehicle sales and service.

(b)

Boat and marine sales and service.

(c)

Custom shops for electrical, heating, plumbing and woodworking.

(d)

Amusement enterprises not conducted within a completely enclosed building.

(e)

Commercial greenhouses or nurseries.

(f)

Bottling works for milk or soft drinks.

(g)

Wholesale bakery plants.

(h)

Dry-cleaning plants.

(i)

Laundry plants, as distinguished from pickup stations.

(j)

Car washes, provided that a minimum of five usable reservoir spaces are furnished for each rack or lane.

(k)

Implement and tool rental, sales, storage and service; provided, however, that abandoned, wrecked or unusable implements or tools shall be considered junk and shall be stored in a completely enclosed building or come under junkyard regulations in the M Manufacturing District.

(l)

Small animal hospitals and boarding kennels within a completely enclosed building and located at least 100 feet from any residential district.[1]

[1]

Editor's Note: Former Subsection A(2)(m), Tattoo parlors, which immediately followed this subsection, was repealed 6-15-2020.

Permitted accessory uses and structures (except as noted in § 300-0317):

(1)

As permitted in C-4 Districts.

(2)

Signs pursuant to Article VII.

(3)

Normal accessory uses, provided that such uses are not of a type listed as permitted uses in M Districts.

Bulk and setback regulations (except as noted in § 300-0315):

C-M Service and Highway Commercial District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	6,000 square feet
	Two-family dwellings	8,000 square feet
	Multifamily dwellings	8,000 square feet for the first two dwelling units and 1,500 square feet for each additional dwelling unit
	All other buildings	As regulated by setback, open space and off-street parking requirements
Minimum lot width		As regulated by setback, open space and off-street parking requirements
Minimum front yard		6 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	10 feet for each side yard except that where a side yard abuts a lot in an R District, it shall be at least 30 feet
Minimum rear yard
	Dwellings and accessory structures	10 feet
	All other buildings:	10 feet except that where a rear yard abuts a lot in an R District, its width shall be at least 30 feet
Maximum height of buildings		40 feet

§ 300-0313 L-M Light Manufacturing District.

Permitted principal uses or structures are as follows, provided that the Planning Commission conducts a site plan review pursuant to Article IX of this chapter and an environmental review pursuant to 6 NYCRR 617 (State Environmental Quality Review Act) for all light manufacturing uses:

(1)

Principal uses or structures, except dwellings, as permitted in CM Districts.

(2)

Research and development facilities.

(3)

Warehouse for enclosed storage of goods and materials.

(4)

Laboratories.

(5)

Electronic assembly plants.

(6)

Distribution plants.

(7)

All publicly and privately owned storage facilities and vehicle garages, except as provided in § 300-0305.

(8)

All other light manufacturing or clean industrial operations, provided that the Planning Commission reviews and approves such light manufacturing use pursuant to § 300-0909.

Permitted accessory uses (except as noted in § 300-0317) shall be as follows:

(1)

As permitted in C-M Districts.

(2)

Normal accessory uses, as long as such uses are not of a type listed as permitted uses in M Districts.

(3)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

	L-M Light Manufacturing District
	Description	Use Regulation
	Minimum lot area	As regulated by setback, open space and off-street parking requirements
	Minimum lot width	As regulated by setback, open space and off-street parking requirements
	Minimum front yard	25 feet
	Minimum side yards	10 feet for each side yard except that where a side yard abuts a lot in an R District, it shall be at least 50 feet
	Minimum rear yard	10 feet except that where a rear yard abuts a lot in an R District, its width shall be at least 50 feet
	Maximum height of buildings	None

§ 300-0314 M Manufacturing District.

(1)

Principle uses or structures as permitted in L-M Districts.

(2)

Concrete products manufacturing or batching plants.

(3)

Incinerators (public or privately operated).

(4)

Open storage of lumber, asphalt, coal or contractors' equipment and materials.

(5)

Railroad freight and classification yards.

(6)

Welding shops.

(7)

Foundries.

(8)

Truck terminals, including any premises where any vehicles used in long-distance freight hauling or where any tractor-trailer combinations or automobile conveyors are parked, loaded or unloaded.

(9)

Storage, sorting or baling wastepaper or rags.

(10)

Boilermaking.

(11)

Metal-plating works, electrolytic or hot-dip processes.

(12)

Adult uses as defined in Article XIII and provided that:

(a)

Said use shall not be permitted within 500 feet of any school, park, playground or place of worship;

(b)

Said use shall not be permitted within 500 feet of any other existing adult use;

(c)

Said use shall not be permitted within 500 feet of any residential district; and

(d)

Said use shall be required to obtain a special use permit pursuant to Article XI of this chapter.

(13)

Auto wrecking yards, salvage yards or junkyards, provided that:

(a)

An environmental review is conducted pursuant to Chapter 135 of the City Code;

(b)

The operation will not involve the burning of automobiles or other burning which creates noxious odors or smoke;

(c)

The operation or any part thereof is not located in a regulated wetland as such is defined by the New York State Department of Environmental Conservation nor within 500 feet of a church, school, hospital, public building, Chadakoin River, public park or place of public assembly nor within any one-hundred-year floodplain boundary as such is defined by the United States Department of Housing and Urban Development Federal Insurance Administration; and

(d)

A special use permit is obtained from the Zoning Board of Appeals.

(14)

All other manufacturing or industrial operations.

Permitted accessory uses or structures (except as noted in § 300-0317) shall be as follows:

(1)

As permitted in L-M Districts.

(2)

Any normal accessory uses, in accordance with § 300-0909.

(3)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

	M Manufacturing District
	Description	Use Regulation
	Minimum lot area	As regulated by setback, open space and off-street parking requirements
	Minimum lot width	As regulated by setback, open space and off-street parking requirements
	Minimum front yard	10 feet
	Minimum side yards	10 feet for each side yard except that where a side yard abuts a lot in an R District, it shall be at least 50 feet
	Minimum rear yard	10 feet except that where a rear yard abuts a lot in an R District, its width shall be at least 50 feet
	Maximum height of buildings	None

§ 300-0315 Exceptions to bulk regulations.

Lot area and lot width exceptions. The lot width or area requirements of this chapter shall be automatically waived to permit the erection of a single-family dwelling or the restoration, enlargement (but not the creation of additional dwelling units), moving, repair or alteration of an existing dwelling on any lot of record which was owned separately and individually from all other contiguous tracts of land on the effective date of this chapter or on the effective date of any subsequent amendment increasing area or width requirements, provided that dwellings are a permitted use in the district in which such lot is located. This provision shall immediately apply to all subdivisions for which maps have been filed in the County Clerk's office.

Front yard exceptions. A proposed building may have a front yard setback equal to the average front yard setback of the existing buildings within 150 feet of the proposed building.

Side yard exceptions. For corner lots where a rear lot line coincides with a side lot line of an adjoining lot, the required width of the exterior side yard shall be the same as the front yard requirement along the street on which the exterior side yard abuts.

Rear yard exceptions. For through lots, where the rear lot line abuts a street, a front yard equivalent shall be provided. The rear yard depth requirements in the district regulations shall not apply on that portion of a through lot where a front yard equivalent is required.

§ 300-0316 Determination of district.

If in any instance a lot is determined to lie in more than one different zoning district, the district which has street frontage shall govern. Should a lot have street frontage within two separate zoning districts, the district which comprises the most gross feet of street frontage shall govern. Should the amount of street frontage be equally split between districts, the most restrictive zoning district shall apply.

§ 300-0317 Accessory structures.

No accessory structure in an R District shall be located in a front yard or a required side yard.

In a C or M District, no processing, storage or accessory structure shall be permitted in any required yard except for gasoline pumps. However, dwellings shall be governed by R District regulations.

In any R District, no roofline or projection off of an accessory structure shall encroach more than two feet into any required yard.

In any R District, a detached accessory building shall not be located so that any part thereof is closer than 10 feet to any other building.

In any R District, no part of an accessory structure shall be nearer than five feet to a side lot line or a rear lot line.

[Added 6-14-1999]

In any R District, no accessory building shall exceed 720 square feet in area and have a dimension that exceeds 36 feet.

[Added 8-27-2012]

In any R District, no accessory building shall exceed 18 feet in height, nor shall it be taller in height than the height of the principal use building of the property.

[Added 8-27-2012]

§ 300-0318 Open space.

In any district with more than one principal building on a single lot, there shall be 30 feet of open space between the buildings.

In the case of a building of mixed occupancy, 400 square feet of open space for each dwelling unit contained in such building shall be provided on the lot exclusively for recreation activities.

Except for corner visibility provisions in § 300-0205, access drives or walks and unenclosed steps or terraces not extending more than one foot above the adjoining finished grade may be located in any required open area, notwithstanding any of the above provisions.

Jamestown City Zoning Code

ARTICLE III

Zoning District Regulations

§ 300-0301 Establishment of zoning districts.

The City of Jamestown is hereby divided into the following zoning districts:

	L-C	Land Conservation
	R-1	Single-Family Residential
	R-2	Two-Family Residential
	R-C	Multiple-Family Residential and Professional Office
	C-1	Neighborhood Commercial
	C-2	Community Commercial
	C-3	Central Business - Downtown
	C-4	Central Commercial
	C-M	Service and Highway Commercial
	L-M	Light Manufacturing
	M	Manufacturing

§ 300-0302 Zoning Map.

The boundaries of districts set forth in this article are hereby established as shown on the Zoning Map, which with all explanatory matter thereon is hereby declared to be a part of this chapter.[1]

[1]

Editor's Note: The Zoning Map is on file and available for inspection in the office of the City Clerk/Treasurer.

§ 300-0303 Interpretation of boundaries.

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map of the City of Jamestown, the following rules shall apply:

Where district boundaries are indicated as approximately following the center line of streets, such center lines shall be construed to be such boundaries.

Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries.

§ 300-0304 L-C Land Conservation District.

Permitted principal uses or structures:

(1)

Noncommercial agricultural operations, including farms, gardens, nurseries and greenhouses (excluding dwellings).

(2)

Parks, playgrounds, athletic fields, marinas, game preserves and other similar uses (including associated accessory buildings).

(3)

Fire stations.

(4)

Police substations.

Permitted accessory uses: Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

	L-C: Land Conservation District
	Description	Use Regulation (feet)
	Minimum lot area	None
	Minimum lot width	200
	Minimum front yard	40
	Minimum side yards	20 for each side yard
	Minimum rear yard	50
	Maximum height of building	35

§ 300-0305 R-1 Single-family residential district.

Use regulations in the R-1 District are as follows:

Permitted principal uses or structures:

(1)

Single-family dwellings.

(2)

Churches or similar places of worship, parish houses, convents, rectories or parsonages.

(3)

Public or private nonprofit, elementary or secondary schools accredited by the New York State Department of Education.

(4)

Parks, playgrounds, athletic fields, marinas, game preserves and other similar uses (including usual accessory buildings).

(5)

(6)

(7)

Planned unit residential developments, as regulated in Article VIII.

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

Private garages for the use of residents of the premises, including the leasing of space to a nonresident of the premises for not more than one noncommercial vehicle.

(2)

Off-street parking area (not including driveways) for noncommercial vehicles, provided that:

(a)

Said area is not located in a front or side yard; and

(b)

Said area is surfaced with a durable and dustless material.

(3)

One commercial vehicle driven by the residents may be stored on the premises only within a completely enclosed building.

(4)

Private family swimming pools pursuant to the New York State Uniform Fire Prevention and Building Code.

(5)

Home occupations as defined in Article I.

(6)

Storage of one camp trailer (not including mobile homes); or one utility trailer; or one boat owned by the occupant of the premises for personal use, provided that:

(a)

Said trailer or boat is not located in a front yard or side yard; and

(b)

Said trailer or boat is under a roof if its registration is not current.

(7)

Dog runs, provided that they are not located in a front yard.

(8)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

R-1 Single-Family Residential District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	8,000 square feet
	All other buildings	10,000 square feet
Minimum lot width		70 feet
Minimum front yard		25 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	30 feet for each side yard
Minimum rear yard		25% of the lot depth, but no less than 25 feet
Maximum height of buildings		35 feet

§ 300-0306 R-2 Two-Family Residential District.

Use regulations in the R-2 District shall be as follows:

Permitted principal uses or structures:

(1)

As permitted and regulated in R-1 Districts.

(2)

Two-family dwellings.

(3)

Single-chair, owner-occupied beauty parlors or barber shops, only after obtaining a special use permit from the Zoning Board of Appeals.

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

As permitted and regulated in R-1 Districts.

(2)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

R-2 Two-Family Residential District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	8,000 square feet
	Two-family dwellings	10,000 square feet
	All other buildings	10,000 square feet
Minimum lot width		70 feet
Minimum front yard		25 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	30 feet for each side yard
Minimum rear yard		25% of the lot depth, but no less than 25 feet
Maximum height of buildings		35 feet

§ 300-0307 R-C: Multiple-Family Residential and Professional Office District.

Use regulations in the R-C District shall be as follows:

Permitted principal uses and structures:

(1)

As permitted and regulated in R-2 Districts.

(2)

Multifamily dwellings.

(3)

Boardinghouses or rooming houses, only after obtaining a special use permit from the Zoning Board of Appeals.

(4)

Nursing or convalescent homes, only after obtaining a special use permit from the Zoning Board of Appeals.

(5)

Mortuaries.

(6)

Medical or professional office buildings.

(7)

Barbers and beauty salons.

(8)

Telephone exchanges.

(9)

Art, dance, music, photography and health studios.

(10)

Opticians and optometrists.

(11)

Travel bureau.

(12)

Day-care center.

(13)

Nonretail computer information business.

(14)

Meeting rooms for private clubs and fraternal organizations.

(15)

Nonprofit institutions for charitable, cultural or community social purposes.

(16)

Hospitals, provided that the minimum lot area is at least one acre and that no such use is conducted within 50 feet of any street or lot line.

(17)

New York State licensed massage therapist.

(18)

Public parking lots.

(19)

[Added 12-16-2002]

(20)

Body art facilities.

[Added 6-15-2020]

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

As permitted and regulated in R-2 Districts.

(2)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

R-C Multifamily Residential District and Professional Office District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	6,000 square feet
	Two-family dwellings	8,000 square feet
	Multifamily dwellings	8,000 square feet for the first two dwelling units and 1,500 square feet for each additional dwelling unit
	All other buildings	8,000 square feet
Minimum lot width		60 feet
Minimum front yard		25 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	15 feet for each side yard
Minimum rear yard		25% of the lot depth, but no less than 25 feet
Maximum height of buildings		35 feet

§ 300-0308 C-1 Neighborhood Commercial District.

Permitted principal uses and structures:

(1)

As permitted and regulated in the R-C District.

(2)

General business offices.

(3)

Personal service establishments, including but not limited to shoe repair, laundromats and dry-cleaning.

(4)

Retail uses when conducted within a completely enclosed building, but not included by general reference uses specifically listed in C-2, C-3, C-4 and C-M Districts.

(5)

Computer, radio or television sales or repair shops.

(6)

Banks or credit unions.

(7)

Copy centers.

(8)

Commercial swimming pools pursuant to Chapter 265 of the City Code and the New York State Uniform Fire Prevention and Building Code.

(9)

Bed-and-breakfast establishments.

[Added-12-16-2002]

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

As permitted and regulated in R-C Districts.

(2)

Coffee or snack bars in conjunction with retail sales.

(3)

Manufacturing and processing of articles incidental to the conduct of retail businesses lawfully conducted on the premises, provided that:

(a)

All such articles are sold on the premises;

(b)

Not more than four persons are engaged in such manufacturing or processing at any one time in any one establishment; and

(c)

Such activity shall not produce offensive fumes, odors, noise, vibration, heat, glare or dust outside the walls of the building.

(4)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

C-1 Neighborhood Commercial District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	6,000 square feet
	Two-family dwellings	8,000 square feet
	Multifamily dwellings	8,000 square feet for the first two dwelling units and 1,500 square feet for each additional dwelling unit
	All other buildings	As regulated by setback, open space and off-street parking requirements
Minimum lot width		As regulated by setback, open space and off-street parking requirements
Minimum front yard		25 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	6 feet for each side yard
Minimum rear yard
	Dwellings and accessory structures	25 feet
	All other buildings	10 feet except that where a rear yard abuts a lot in an R District, it shall be at least 30 feet
Maximum height of buildings		40 feet

§ 300-0309 C-2 Community Commercial District.

Use regulations in the C-2 District shall be as follows:

Permitted principal uses or structures:

(1)

Uses as permitted and regulated in C-1 Districts.

(2)

Gasoline service stations and repair garages, subject to the limitations of § 300-0212.

(3)

Restaurants.

(4)

Printing establishments.

(5)

Hotels and motels.

(6)

Nonpublic schools operated for a profit.

(7)

Bowling alleys.

(8)

Theaters.

(9)

Unrestricted retail sales, but not including by general reference use specifically listed in the C-M District.

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

As permitted and regulated in C-1 Districts.

(2)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

C-2 Community Commercial District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	6,000 square feet
	Two-family dwellings	8,000 square feet
	Multifamily dwellings	8,000 square feet for the first two dwelling units and 1,500 square feet for each additional dwelling unit
	All other buildings	As regulated by setback, open space and off-street parking requirements
Minimum lot width		As regulated by setback, open space and off-street parking requirements
Minimum front yard		15 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	6 feet for each side yard except that where a side yard abuts a lot in an R District, it shall be at least 30 feet
Minimum rear yard
	Dwellings and accessory structures	25 feet
	All other buildings	10 feet except that where a rear yard abuts a lot in an R District, it shall be at least 30 feet
Maximum height of buildings		40 feet

§ 300-0310 C-3 Central Business District - Downtown.

Use regulations in the C-3 District shall be as follows:

Permitted principal uses and structures:

(1)

As permitted and regulated in C-2 Districts.

(2)

Computer and data processing establishments.

(3)

Television and radio stations.

(4)

Bus or railroad passenger terminals.

Newspaper plants.

Sports arenas.

Auditoriums.

Convention centers.

Museums.

Art galleries.

Libraries.

All other public assembly places.

(13)

Light manufacturing and warehousing only after obtaining a special use permit from the Zoning Board of Appeals.

(14)

Residential uses shall not be permitted on the first floor of any mixed occupancy structure.

[Added 1-30-2017]

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

As permitted in C-2 Districts.

(2)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

	C-3 Central Business District - Downtown
	Description	Use Regulation
	Minimum lot area	None
	Minimum lot width	None
	Minimum front yard	None
	Minimum side yards	None, except that where there is one it shall be six feet, and where a side yard abuts a lot in an R District, it shall be 30 feet for each side yard
	Minimum rear yard	None
	Maximum height of buildings	100 feet

§ 300-0311 C-4 Central Commercial District.

Use regulations in the C-4 District shall be as follows:

Permitted principal uses and structures:

(1)

As permitted and regulated in C-3 Districts.

(2)

Light manufacturing and warehousing only after obtaining a special use permit from the Zoning Board of Appeals.

(3)

Residential uses shall not be permitted on the first floor of any mixed occupancy structure.

[Added 1-30-2017]

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

As permitted in C-3 Districts.

(2)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

C-4 Central Commercial District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	6,000 square feet
	Two-family dwellings	8,000 square feet
	Multifamily dwellings	8,000 square feet for the first two dwelling units and 1,500 square feet for each additional dwelling unit
	All other buildings	10,000 square feet
Minimum lot width		As regulated by setback, open space and off-street parking requirements
Minimum front yard		15 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	6 feet for each side yard except that where a side yard abuts a lot in an R District, it shall be at least 30 feet
Minimum rear yard		10 feet except that where a rear yard abuts a lot in an R District, it shall be at least 30 feet
Maximum height of buildings		None, except that buildings over 50 feet in height shall include a front yard, ground-level open space of 10% of the lot area. Such space may be paved or landscaped and contain decorative structures such as benches, fountains, etc.

§ 300-0312 C-M Service and Highway Commercial District.

Permitted principal uses or structures:

(1)

(2)

The following principal uses, provided that their primary orientation is toward a major street or highway, and in no case shall such principal uses have their orientation solely on a side street:

(a)

Motor vehicle sales and service.

(b)

Boat and marine sales and service.

(c)

Custom shops for electrical, heating, plumbing and woodworking.

(d)

Amusement enterprises not conducted within a completely enclosed building.

(e)

Commercial greenhouses or nurseries.

(f)

Bottling works for milk or soft drinks.

(g)

Wholesale bakery plants.

(h)

Dry-cleaning plants.

(i)

Laundry plants, as distinguished from pickup stations.

(j)

Car washes, provided that a minimum of five usable reservoir spaces are furnished for each rack or lane.

(k)

(l)

Small animal hospitals and boarding kennels within a completely enclosed building and located at least 100 feet from any residential district.[1]

[1]

Editor's Note: Former Subsection A(2)(m), Tattoo parlors, which immediately followed this subsection, was repealed 6-15-2020.

Permitted accessory uses and structures (except as noted in § 300-0317):

(1)

As permitted in C-4 Districts.

(2)

Signs pursuant to Article VII.

(3)

Normal accessory uses, provided that such uses are not of a type listed as permitted uses in M Districts.

Bulk and setback regulations (except as noted in § 300-0315):

C-M Service and Highway Commercial District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	6,000 square feet
	Two-family dwellings	8,000 square feet
	Multifamily dwellings	8,000 square feet for the first two dwelling units and 1,500 square feet for each additional dwelling unit
	All other buildings	As regulated by setback, open space and off-street parking requirements
Minimum lot width		As regulated by setback, open space and off-street parking requirements
Minimum front yard		6 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	10 feet for each side yard except that where a side yard abuts a lot in an R District, it shall be at least 30 feet
Minimum rear yard
	Dwellings and accessory structures	10 feet
	All other buildings:	10 feet except that where a rear yard abuts a lot in an R District, its width shall be at least 30 feet
Maximum height of buildings		40 feet

§ 300-0313 L-M Light Manufacturing District.

(1)

Principal uses or structures, except dwellings, as permitted in CM Districts.

(2)

Research and development facilities.

(3)

Warehouse for enclosed storage of goods and materials.

(4)

Laboratories.

(5)

Electronic assembly plants.

(6)

Distribution plants.

(7)

All publicly and privately owned storage facilities and vehicle garages, except as provided in § 300-0305.

(8)

All other light manufacturing or clean industrial operations, provided that the Planning Commission reviews and approves such light manufacturing use pursuant to § 300-0909.

Permitted accessory uses (except as noted in § 300-0317) shall be as follows:

(1)

As permitted in C-M Districts.

(2)

Normal accessory uses, as long as such uses are not of a type listed as permitted uses in M Districts.

(3)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

	L-M Light Manufacturing District
	Description	Use Regulation
	Minimum lot area	As regulated by setback, open space and off-street parking requirements
	Minimum lot width	As regulated by setback, open space and off-street parking requirements
	Minimum front yard	25 feet
	Minimum side yards	10 feet for each side yard except that where a side yard abuts a lot in an R District, it shall be at least 50 feet
	Minimum rear yard	10 feet except that where a rear yard abuts a lot in an R District, its width shall be at least 50 feet
	Maximum height of buildings	None

§ 300-0314 M Manufacturing District.

(1)

Principle uses or structures as permitted in L-M Districts.

(2)

Concrete products manufacturing or batching plants.

(3)

Incinerators (public or privately operated).

(4)

Open storage of lumber, asphalt, coal or contractors' equipment and materials.

(5)

Railroad freight and classification yards.

(6)

Welding shops.

(7)

Foundries.

(8)

Truck terminals, including any premises where any vehicles used in long-distance freight hauling or where any tractor-trailer combinations or automobile conveyors are parked, loaded or unloaded.

(9)

Storage, sorting or baling wastepaper or rags.

(10)

Boilermaking.

(11)

Metal-plating works, electrolytic or hot-dip processes.

(12)

Adult uses as defined in Article XIII and provided that:

(a)

Said use shall not be permitted within 500 feet of any school, park, playground or place of worship;

(b)

Said use shall not be permitted within 500 feet of any other existing adult use;

(c)

Said use shall not be permitted within 500 feet of any residential district; and

(d)

Said use shall be required to obtain a special use permit pursuant to Article XI of this chapter.

(13)

Auto wrecking yards, salvage yards or junkyards, provided that:

(a)

An environmental review is conducted pursuant to Chapter 135 of the City Code;

(b)

The operation will not involve the burning of automobiles or other burning which creates noxious odors or smoke;

(c)

(d)

A special use permit is obtained from the Zoning Board of Appeals.

(14)

All other manufacturing or industrial operations.

Permitted accessory uses or structures (except as noted in § 300-0317) shall be as follows:

(1)

As permitted in L-M Districts.

(2)

Any normal accessory uses, in accordance with § 300-0909.

(3)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

	M Manufacturing District
	Description	Use Regulation
	Minimum lot area	As regulated by setback, open space and off-street parking requirements
	Minimum lot width	As regulated by setback, open space and off-street parking requirements
	Minimum front yard	10 feet
	Minimum side yards	10 feet for each side yard except that where a side yard abuts a lot in an R District, it shall be at least 50 feet
	Minimum rear yard	10 feet except that where a rear yard abuts a lot in an R District, its width shall be at least 50 feet
	Maximum height of buildings	None

§ 300-0315 Exceptions to bulk regulations.

Front yard exceptions. A proposed building may have a front yard setback equal to the average front yard setback of the existing buildings within 150 feet of the proposed building.

§ 300-0316 Determination of district.

§ 300-0317 Accessory structures.

No accessory structure in an R District shall be located in a front yard or a required side yard.

In a C or M District, no processing, storage or accessory structure shall be permitted in any required yard except for gasoline pumps. However, dwellings shall be governed by R District regulations.

In any R District, no roofline or projection off of an accessory structure shall encroach more than two feet into any required yard.

In any R District, a detached accessory building shall not be located so that any part thereof is closer than 10 feet to any other building.

In any R District, no part of an accessory structure shall be nearer than five feet to a side lot line or a rear lot line.

[Added 6-14-1999]

In any R District, no accessory building shall exceed 720 square feet in area and have a dimension that exceeds 36 feet.

[Added 8-27-2012]

In any R District, no accessory building shall exceed 18 feet in height, nor shall it be taller in height than the height of the principal use building of the property.

[Added 8-27-2012]

§ 300-0318 Open space.

In any district with more than one principal building on a single lot, there shall be 30 feet of open space between the buildings.

In the case of a building of mixed occupancy, 400 square feet of open space for each dwelling unit contained in such building shall be provided on the lot exclusively for recreation activities.

Jamestown City Zoning Code

ARTICLE III

Zoning District Regulations

§ 300-0301 Establishment of zoning districts.

The City of Jamestown is hereby divided into the following zoning districts:

	L-C	Land Conservation
	R-1	Single-Family Residential
	R-2	Two-Family Residential
	R-C	Multiple-Family Residential and Professional Office
	C-1	Neighborhood Commercial
	C-2	Community Commercial
	C-3	Central Business - Downtown
	C-4	Central Commercial
	C-M	Service and Highway Commercial
	L-M	Light Manufacturing
	M	Manufacturing

§ 300-0302 Zoning Map.

The boundaries of districts set forth in this article are hereby established as shown on the Zoning Map, which with all explanatory matter thereon is hereby declared to be a part of this chapter.[1]

[1]

Editor's Note: The Zoning Map is on file and available for inspection in the office of the City Clerk/Treasurer.

§ 300-0303 Interpretation of boundaries.

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map of the City of Jamestown, the following rules shall apply:

Where district boundaries are indicated as approximately following the center line of streets, such center lines shall be construed to be such boundaries.

Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries.

§ 300-0304 L-C Land Conservation District.

Permitted principal uses or structures:

(1)

Noncommercial agricultural operations, including farms, gardens, nurseries and greenhouses (excluding dwellings).

(2)

Parks, playgrounds, athletic fields, marinas, game preserves and other similar uses (including associated accessory buildings).

(3)

Fire stations.

(4)

Police substations.

Permitted accessory uses: Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

	L-C: Land Conservation District
	Description	Use Regulation (feet)
	Minimum lot area	None
	Minimum lot width	200
	Minimum front yard	40
	Minimum side yards	20 for each side yard
	Minimum rear yard	50
	Maximum height of building	35

§ 300-0305 R-1 Single-family residential district.

Use regulations in the R-1 District are as follows:

Permitted principal uses or structures:

(1)

Single-family dwellings.

(2)

Churches or similar places of worship, parish houses, convents, rectories or parsonages.

(3)

Public or private nonprofit, elementary or secondary schools accredited by the New York State Department of Education.

(4)

Parks, playgrounds, athletic fields, marinas, game preserves and other similar uses (including usual accessory buildings).

(5)

(6)

(7)

Planned unit residential developments, as regulated in Article VIII.

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

Private garages for the use of residents of the premises, including the leasing of space to a nonresident of the premises for not more than one noncommercial vehicle.

(2)

Off-street parking area (not including driveways) for noncommercial vehicles, provided that:

(a)

Said area is not located in a front or side yard; and

(b)

Said area is surfaced with a durable and dustless material.

(3)

One commercial vehicle driven by the residents may be stored on the premises only within a completely enclosed building.

(4)

Private family swimming pools pursuant to the New York State Uniform Fire Prevention and Building Code.

(5)

Home occupations as defined in Article I.

(6)

Storage of one camp trailer (not including mobile homes); or one utility trailer; or one boat owned by the occupant of the premises for personal use, provided that:

(a)

Said trailer or boat is not located in a front yard or side yard; and

(b)

Said trailer or boat is under a roof if its registration is not current.

(7)

Dog runs, provided that they are not located in a front yard.

(8)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

R-1 Single-Family Residential District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	8,000 square feet
	All other buildings	10,000 square feet
Minimum lot width		70 feet
Minimum front yard		25 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	30 feet for each side yard
Minimum rear yard		25% of the lot depth, but no less than 25 feet
Maximum height of buildings		35 feet

§ 300-0306 R-2 Two-Family Residential District.

Use regulations in the R-2 District shall be as follows:

Permitted principal uses or structures:

(1)

As permitted and regulated in R-1 Districts.

(2)

Two-family dwellings.

(3)

Single-chair, owner-occupied beauty parlors or barber shops, only after obtaining a special use permit from the Zoning Board of Appeals.

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

As permitted and regulated in R-1 Districts.

(2)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

R-2 Two-Family Residential District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	8,000 square feet
	Two-family dwellings	10,000 square feet
	All other buildings	10,000 square feet
Minimum lot width		70 feet
Minimum front yard		25 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	30 feet for each side yard
Minimum rear yard		25% of the lot depth, but no less than 25 feet
Maximum height of buildings		35 feet

§ 300-0307 R-C: Multiple-Family Residential and Professional Office District.

Use regulations in the R-C District shall be as follows:

Permitted principal uses and structures:

(1)

As permitted and regulated in R-2 Districts.

(2)

Multifamily dwellings.

(3)

Boardinghouses or rooming houses, only after obtaining a special use permit from the Zoning Board of Appeals.

(4)

Nursing or convalescent homes, only after obtaining a special use permit from the Zoning Board of Appeals.

(5)

Mortuaries.

(6)

Medical or professional office buildings.

(7)

Barbers and beauty salons.

(8)

Telephone exchanges.

(9)

Art, dance, music, photography and health studios.

(10)

Opticians and optometrists.

(11)

Travel bureau.

(12)

Day-care center.

(13)

Nonretail computer information business.

(14)

Meeting rooms for private clubs and fraternal organizations.

(15)

Nonprofit institutions for charitable, cultural or community social purposes.

(16)

Hospitals, provided that the minimum lot area is at least one acre and that no such use is conducted within 50 feet of any street or lot line.

(17)

New York State licensed massage therapist.

(18)

Public parking lots.

(19)

[Added 12-16-2002]

(20)

Body art facilities.

[Added 6-15-2020]

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

As permitted and regulated in R-2 Districts.

(2)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

R-C Multifamily Residential District and Professional Office District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	6,000 square feet
	Two-family dwellings	8,000 square feet
	Multifamily dwellings	8,000 square feet for the first two dwelling units and 1,500 square feet for each additional dwelling unit
	All other buildings	8,000 square feet
Minimum lot width		60 feet
Minimum front yard		25 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	15 feet for each side yard
Minimum rear yard		25% of the lot depth, but no less than 25 feet
Maximum height of buildings		35 feet

§ 300-0308 C-1 Neighborhood Commercial District.

Permitted principal uses and structures:

(1)

As permitted and regulated in the R-C District.

(2)

General business offices.

(3)

Personal service establishments, including but not limited to shoe repair, laundromats and dry-cleaning.

(4)

Retail uses when conducted within a completely enclosed building, but not included by general reference uses specifically listed in C-2, C-3, C-4 and C-M Districts.

(5)

Computer, radio or television sales or repair shops.

(6)

Banks or credit unions.

(7)

Copy centers.

(8)

Commercial swimming pools pursuant to Chapter 265 of the City Code and the New York State Uniform Fire Prevention and Building Code.

(9)

Bed-and-breakfast establishments.

[Added-12-16-2002]

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

As permitted and regulated in R-C Districts.

(2)

Coffee or snack bars in conjunction with retail sales.

(3)

Manufacturing and processing of articles incidental to the conduct of retail businesses lawfully conducted on the premises, provided that:

(a)

All such articles are sold on the premises;

(b)

Not more than four persons are engaged in such manufacturing or processing at any one time in any one establishment; and

(c)

Such activity shall not produce offensive fumes, odors, noise, vibration, heat, glare or dust outside the walls of the building.

(4)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

C-1 Neighborhood Commercial District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	6,000 square feet
	Two-family dwellings	8,000 square feet
	Multifamily dwellings	8,000 square feet for the first two dwelling units and 1,500 square feet for each additional dwelling unit
	All other buildings	As regulated by setback, open space and off-street parking requirements
Minimum lot width		As regulated by setback, open space and off-street parking requirements
Minimum front yard		25 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	6 feet for each side yard
Minimum rear yard
	Dwellings and accessory structures	25 feet
	All other buildings	10 feet except that where a rear yard abuts a lot in an R District, it shall be at least 30 feet
Maximum height of buildings		40 feet

§ 300-0309 C-2 Community Commercial District.

Use regulations in the C-2 District shall be as follows:

Permitted principal uses or structures:

(1)

Uses as permitted and regulated in C-1 Districts.

(2)

Gasoline service stations and repair garages, subject to the limitations of § 300-0212.

(3)

Restaurants.

(4)

Printing establishments.

(5)

Hotels and motels.

(6)

Nonpublic schools operated for a profit.

(7)

Bowling alleys.

(8)

Theaters.

(9)

Unrestricted retail sales, but not including by general reference use specifically listed in the C-M District.

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

As permitted and regulated in C-1 Districts.

(2)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

C-2 Community Commercial District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	6,000 square feet
	Two-family dwellings	8,000 square feet
	Multifamily dwellings	8,000 square feet for the first two dwelling units and 1,500 square feet for each additional dwelling unit
	All other buildings	As regulated by setback, open space and off-street parking requirements
Minimum lot width		As regulated by setback, open space and off-street parking requirements
Minimum front yard		15 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	6 feet for each side yard except that where a side yard abuts a lot in an R District, it shall be at least 30 feet
Minimum rear yard
	Dwellings and accessory structures	25 feet
	All other buildings	10 feet except that where a rear yard abuts a lot in an R District, it shall be at least 30 feet
Maximum height of buildings		40 feet

§ 300-0310 C-3 Central Business District - Downtown.

Use regulations in the C-3 District shall be as follows:

Permitted principal uses and structures:

(1)

As permitted and regulated in C-2 Districts.

(2)

Computer and data processing establishments.

(3)

Television and radio stations.

(4)

Bus or railroad passenger terminals.

Newspaper plants.

Sports arenas.

Auditoriums.

Convention centers.

Museums.

Art galleries.

Libraries.

All other public assembly places.

(13)

Light manufacturing and warehousing only after obtaining a special use permit from the Zoning Board of Appeals.

(14)

Residential uses shall not be permitted on the first floor of any mixed occupancy structure.

[Added 1-30-2017]

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

As permitted in C-2 Districts.

(2)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

	C-3 Central Business District - Downtown
	Description	Use Regulation
	Minimum lot area	None
	Minimum lot width	None
	Minimum front yard	None
	Minimum side yards	None, except that where there is one it shall be six feet, and where a side yard abuts a lot in an R District, it shall be 30 feet for each side yard
	Minimum rear yard	None
	Maximum height of buildings	100 feet

§ 300-0311 C-4 Central Commercial District.

Use regulations in the C-4 District shall be as follows:

Permitted principal uses and structures:

(1)

As permitted and regulated in C-3 Districts.

(2)

Light manufacturing and warehousing only after obtaining a special use permit from the Zoning Board of Appeals.

(3)

Residential uses shall not be permitted on the first floor of any mixed occupancy structure.

[Added 1-30-2017]

Permitted accessory uses or structures (except as noted in § 300-0317):

(1)

As permitted in C-3 Districts.

(2)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

C-4 Central Commercial District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	6,000 square feet
	Two-family dwellings	8,000 square feet
	Multifamily dwellings	8,000 square feet for the first two dwelling units and 1,500 square feet for each additional dwelling unit
	All other buildings	10,000 square feet
Minimum lot width		As regulated by setback, open space and off-street parking requirements
Minimum front yard		15 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	6 feet for each side yard except that where a side yard abuts a lot in an R District, it shall be at least 30 feet
Minimum rear yard		10 feet except that where a rear yard abuts a lot in an R District, it shall be at least 30 feet
Maximum height of buildings		None, except that buildings over 50 feet in height shall include a front yard, ground-level open space of 10% of the lot area. Such space may be paved or landscaped and contain decorative structures such as benches, fountains, etc.

§ 300-0312 C-M Service and Highway Commercial District.

Permitted principal uses or structures:

(1)

(2)

The following principal uses, provided that their primary orientation is toward a major street or highway, and in no case shall such principal uses have their orientation solely on a side street:

(a)

Motor vehicle sales and service.

(b)

Boat and marine sales and service.

(c)

Custom shops for electrical, heating, plumbing and woodworking.

(d)

Amusement enterprises not conducted within a completely enclosed building.

(e)

Commercial greenhouses or nurseries.

(f)

Bottling works for milk or soft drinks.

(g)

Wholesale bakery plants.

(h)

Dry-cleaning plants.

(i)

Laundry plants, as distinguished from pickup stations.

(j)

Car washes, provided that a minimum of five usable reservoir spaces are furnished for each rack or lane.

(k)

(l)

Small animal hospitals and boarding kennels within a completely enclosed building and located at least 100 feet from any residential district.[1]

[1]

Editor's Note: Former Subsection A(2)(m), Tattoo parlors, which immediately followed this subsection, was repealed 6-15-2020.

Permitted accessory uses and structures (except as noted in § 300-0317):

(1)

As permitted in C-4 Districts.

(2)

Signs pursuant to Article VII.

(3)

Normal accessory uses, provided that such uses are not of a type listed as permitted uses in M Districts.

Bulk and setback regulations (except as noted in § 300-0315):

C-M Service and Highway Commercial District
Description		Use Regulation
Minimum lot area
	Single-family dwellings	6,000 square feet
	Two-family dwellings	8,000 square feet
	Multifamily dwellings	8,000 square feet for the first two dwelling units and 1,500 square feet for each additional dwelling unit
	All other buildings	As regulated by setback, open space and off-street parking requirements
Minimum lot width		As regulated by setback, open space and off-street parking requirements
Minimum front yard		6 feet
Minimum side yards
	Dwellings and accessory structures	10% of the lot width (but no less than 5 feet) for each side yard
	All other buildings	10 feet for each side yard except that where a side yard abuts a lot in an R District, it shall be at least 30 feet
Minimum rear yard
	Dwellings and accessory structures	10 feet
	All other buildings:	10 feet except that where a rear yard abuts a lot in an R District, its width shall be at least 30 feet
Maximum height of buildings		40 feet

§ 300-0313 L-M Light Manufacturing District.

(1)

Principal uses or structures, except dwellings, as permitted in CM Districts.

(2)

Research and development facilities.

(3)

Warehouse for enclosed storage of goods and materials.

(4)

Laboratories.

(5)

Electronic assembly plants.

(6)

Distribution plants.

(7)

All publicly and privately owned storage facilities and vehicle garages, except as provided in § 300-0305.

(8)

All other light manufacturing or clean industrial operations, provided that the Planning Commission reviews and approves such light manufacturing use pursuant to § 300-0909.

Permitted accessory uses (except as noted in § 300-0317) shall be as follows:

(1)

As permitted in C-M Districts.

(2)

Normal accessory uses, as long as such uses are not of a type listed as permitted uses in M Districts.

(3)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

	L-M Light Manufacturing District
	Description	Use Regulation
	Minimum lot area	As regulated by setback, open space and off-street parking requirements
	Minimum lot width	As regulated by setback, open space and off-street parking requirements
	Minimum front yard	25 feet
	Minimum side yards	10 feet for each side yard except that where a side yard abuts a lot in an R District, it shall be at least 50 feet
	Minimum rear yard	10 feet except that where a rear yard abuts a lot in an R District, its width shall be at least 50 feet
	Maximum height of buildings	None

§ 300-0314 M Manufacturing District.

(1)

Principle uses or structures as permitted in L-M Districts.

(2)

Concrete products manufacturing or batching plants.

(3)

Incinerators (public or privately operated).

(4)

Open storage of lumber, asphalt, coal or contractors' equipment and materials.

(5)

Railroad freight and classification yards.

(6)

Welding shops.

(7)

Foundries.

(8)

Truck terminals, including any premises where any vehicles used in long-distance freight hauling or where any tractor-trailer combinations or automobile conveyors are parked, loaded or unloaded.

(9)

Storage, sorting or baling wastepaper or rags.

(10)

Boilermaking.

(11)

Metal-plating works, electrolytic or hot-dip processes.

(12)

Adult uses as defined in Article XIII and provided that:

(a)

Said use shall not be permitted within 500 feet of any school, park, playground or place of worship;

(b)

Said use shall not be permitted within 500 feet of any other existing adult use;

(c)

Said use shall not be permitted within 500 feet of any residential district; and

(d)

Said use shall be required to obtain a special use permit pursuant to Article XI of this chapter.

(13)

Auto wrecking yards, salvage yards or junkyards, provided that:

(a)

An environmental review is conducted pursuant to Chapter 135 of the City Code;

(b)

The operation will not involve the burning of automobiles or other burning which creates noxious odors or smoke;

(c)

(d)

A special use permit is obtained from the Zoning Board of Appeals.

(14)

All other manufacturing or industrial operations.

Permitted accessory uses or structures (except as noted in § 300-0317) shall be as follows:

(1)

As permitted in L-M Districts.

(2)

Any normal accessory uses, in accordance with § 300-0909.

(3)

Signs pursuant to Article VII.

Bulk and setback regulations (except as noted in § 300-0315):

	M Manufacturing District
	Description	Use Regulation
	Minimum lot area	As regulated by setback, open space and off-street parking requirements
	Minimum lot width	As regulated by setback, open space and off-street parking requirements
	Minimum front yard	10 feet
	Minimum side yards	10 feet for each side yard except that where a side yard abuts a lot in an R District, it shall be at least 50 feet
	Minimum rear yard	10 feet except that where a rear yard abuts a lot in an R District, its width shall be at least 50 feet
	Maximum height of buildings	None

§ 300-0315 Exceptions to bulk regulations.

Front yard exceptions. A proposed building may have a front yard setback equal to the average front yard setback of the existing buildings within 150 feet of the proposed building.

§ 300-0316 Determination of district.

§ 300-0317 Accessory structures.

No accessory structure in an R District shall be located in a front yard or a required side yard.

In a C or M District, no processing, storage or accessory structure shall be permitted in any required yard except for gasoline pumps. However, dwellings shall be governed by R District regulations.

In any R District, no roofline or projection off of an accessory structure shall encroach more than two feet into any required yard.

In any R District, a detached accessory building shall not be located so that any part thereof is closer than 10 feet to any other building.

In any R District, no part of an accessory structure shall be nearer than five feet to a side lot line or a rear lot line.

[Added 6-14-1999]

In any R District, no accessory building shall exceed 720 square feet in area and have a dimension that exceeds 36 feet.

[Added 8-27-2012]

In any R District, no accessory building shall exceed 18 feet in height, nor shall it be taller in height than the height of the principal use building of the property.

[Added 8-27-2012]

§ 300-0318 Open space.

In any district with more than one principal building on a single lot, there shall be 30 feet of open space between the buildings.

In the case of a building of mixed occupancy, 400 square feet of open space for each dwelling unit contained in such building shall be provided on the lot exclusively for recreation activities.