The following shall apply to the floor area of all accessory structures:

In addition, the following shall apply to all accessory structures:

A.

In no case shall any accessory structure have a gross floor area which is greater than 50 percent of the above grade gross floor area of the principal building. In the case of accessory dwelling units, see [section] 82-1201.2 A. for maximum size requirements.

B.

The following height standards will apply, depending on the height of the principal building on the lot in keeping with Table 6-2:

• Where the principal building is no higher than one story, the height of an accessory structure shall not exceed the height of the principal building.

• Where the principal building is higher than one story, the height of an accessory structure shall not exceed a point five feet lower than the height of the principle building.

C.

Agricultural structures within the RR-80 and RR-200 are exempt from these provisions.

D.

Accessory structures are permitted in front yards but must meet the principal building setback and receive approval by the TRC. In cases where the primary setback cannot be achieved in the Jamestown Village Special Development District, the secondary front setback may be utilized only after review and recommendation by the TRC and a dimensional variance received by the zoning board. In cases where the primary setback cannot be achieved in the R-40, R-80, RR-200 zoning districts, approval by the TRC is required. In addition to the considerations of the zoning board found in section 82-300, the TRC and Zoning Board will consider the standards of the Jamestown Pattern Book and Design Guidelines for Building in the Village, including, but not limited to, the guidance for garages and ancillary structures, and whether efforts will be made to screen the accessory structure from any public ways or neighboring residential uses.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Whenever a nonresidential use, including a parking area for a non-residential use, is located within, across the street from, or adjacent to a residential zoning district or use, it shall be effectively screened on all sides which adjoin any property used for residential purposes by a solid wall, opaque fence, or compact planting screen not less than five feet in height and no more than eight feet in height.

Vegetative buffering is greatly encouraged. In the event that terrain or other natural features are such that the erection of said screen will not serve the intended purpose, the zoning enforcement officer may allow the parking without said screen. In no case shall such screening impede site distance from or to the property or across if necessary, for vehicular safety.

Where an open storage or off-street loading area is located within, across the street from, or adjacent to a residential zoning district, the above screening requirements shall also be met.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

Purposes. The Town of Jamestown has enacted this chapter to regulate the installation of exterior lighting in order to achieve the following purposes:

1)

To protect the residents and surrounding environment of Jamestown, including light sensitive plants and animals, from the effects of light pollution;

2)

To promote energy efficient and sustainable lighting practices and luminaires;

3)

To minimize adverse off-site impacts from new and existing lighting installations; and

4)

To permit reasonable uses of exterior lighting for safety, security, productivity, commerce and enjoyment.

B.

Applicability.

1)

New installations. All exterior lighting installed after the effective date of this chapter shall conform to the standards set forth herein.

2)

Existing installations. All exterior lighting installed prior to the effective date of the ordinance from which this chapter is derived shall be exempt from the provisions of this chapter until a light and/or light fixture must be repaired, modified, refurbished and/or replaced. At the occurrence of any of these several events, any light and/or light fixture, with the exception of lighting and/or light fixtures installed on a structure and/or property devoted exclusively to single family residential use, shall conform to the standards set forth herein.

3)

Exceptions. The following instances shall be exempt from the requirements of this section:

a)

Where federal or state laws, rules or regulations preempt local regulations.

b)

Where fire, police, rescue or repair personnel need light for temporary emergencies or road repair work.

c)

Where there are special requirements, such as sports facilities, historic decorative considerations or flag lighting. All such lighting shall be selected and installed to shield the lamp or lamps from direct view to the greatest extent possible and to minimize upward lighting and light pollution.

d)

Where it has been determined that a reasonable safety and security interest exists that cannot be addressed by another method without increasing the cost or reducing the effectiveness of the lighting.

4)

Voluntary actions. As a voluntary measure to further the goals and objectives of the ordinance from which this chapter is derived, the town council urges that the following actions be considered and taken to bring all existing lights and/or light fixtures into compliance with the standards and provisions of this chapter:

a)

Install a replacement lamp that directs light away from the sky.

b)

Consider light and light fixture aiming or glare control devices such as light shields to prevent and/or reduce light trespass and light pollution.

c)

All government-owned and operated properties and facilities are urged to immediately conform to the provisions of this chapter.

d)

Lighting for site security should be configured for motion or infrared sensor operation, except in the case of lighting required by state or federal safety standards, property insurance coverage requirements or site safety standards.

C.

General standards. All new, retrofitted, refurbished and/or modified exterior lighting that is installed in the Town of Jamestown, shall be the minimum necessary, in both number of luminaires and intensity of light, to achieve the intended purpose of the lighting, and shall meet the following standards, as relevant:

1)

All exterior lights and sign illumination shall be designed, located, installed, and directed in such a manner as to:

a)

Prevent glare, light trespass or light pollution; and

b)

Be shielded to the extent possible so as to confine the light within the target area.

2)

In all areas adjacent to residential property, no externally mounted, direct light source directed towards the property line shall be visible at the property line at ground level or above.

3)

To reduce off-site glare, lighting fixtures for all parking and pedestrian areas shall be:

a)

Full cut-off type fixtures, or

b)

Fully shielded/recessed fixtures where the lens is recessed or flush with the bottom surface.

4)

Lighting fixtures for building security or aesthetics and any display purposes shall be:

a)

Top downward (not upward or sideways), and

b)

Full cut off or fully shielded/recessed.

5)

Where outdoor playing fields or other special outdoor activity areas are to be illuminated, lighting fixtures shall be specified, mounted, and aimed so that:

a)

The lighting fixture's beams fall within the primary playing area and immediate surroundings, and

b)

No direct lighting trespass or light pollution.

6)

The height of luminaires, except streetlights in public rights-of-way, shall be the minimum necessary to provide adequate illumination, but shall not exceed a height of 15 feet when pole mounted unless a properly credentialed illuminating engineer hired for the benefit of the town finds that a height of any luminaire structure up to 20 feet will result in no greater light trespass and no greater light pollution than a luminaire structure at 15 feet in height or unless the luminaires must overhang vehicle travel lanes. Luminaires attached to the building shall be limited to the height necessary for illumination of entrances or locations not served by pole lighting. In no case shall a building fixture be mounted on the roof.

D.

Waterfront lighting. Exterior lighting in and around the ponds, lakes, rivers, and other waters of the town, with the exception of lighting located below the mean high water mark of coastal areas, shall not be installed or maintained so as to create a hazard or nuisance to other property owners and shall comply with the following:

1)

Lights on docks shall be no more than three feet above the dock, shall be directed downward and be full cut off fixtures.

2)

Lights illuminating paths, stairs, decks, etc., shall not be directed towards the water and shall not direct light upwards.

3)

All exterior lighting shall be located, mounted, and shielded, so that direct illumination is not focused towards the water surface more than 20 feet from shore.

E.

Architectural and landscape lighting.

1)

All fixtures shall be aimed and/or shielded to illuminate only the target area such that no stray light from the luminaire passes above the horizontal plane.

2)

Upward aimed façade and building lighting shall be fully shielded and fully confined from projecting into the sky by the building eaves, roofs, overhangs or structures and shall be mounted as flush with the illuminated wall as possible.

F.

Canopy and service lighting. Outdoor sales and gas station service canopy lighting shall be aimed downward and installed such that the center of the fixture's luminous opening is flush with or recessed into the canopy ceiling. All lighting from the canopy must be substantially confined to the ground area directly beneath the perimeter of the canopy. All exterior lighting for canopies and/or service areas shall be of an indirect nature, emanating only from fixtures located under canopies, under eaves on the principal building or at ground level in the landscaping. Exterior lighting shall be arranged and shielded so there shall be no glare or reflections onto adjacent properties or street rights-of-way.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

Swimming pools and any other in-ground man-made water feature with an impervious bottom (measured at the water edge), including impervious decks and patios associated with swimming pools, tennis or other permanent ball courts, including the outer fence of tennis or other permanent ball courts shall meet setbacks for accessory structures and shall be included as part of the lot coverage calculation. Driveways used for court activities shall not be regulated under this section.

B.

All swimming pools and any other in-ground man-made water feature more than two feet deep with an impervious bottom shall be provided with a safety enclosure which shall comply with the following:

1)

The top of the safety enclosure shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool or water feature. The maximum vertical clearance between grade and the bottom of the barrier shall be to inches measured on the side of the barrier which faces away from the swimming pool or water feature.

2)

Openings in the barriers shall not allow passage of a four-inch diameter sphere.

C.

Lighting of private tennis courts or other permanent ball courts is permitted only by special use permit per articles 2 and 3 of this chapter.

D.

Decks and patios 12 inches above proposed grade shall be included as part of the lot coverage calculation.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

General. Portable and seasonal newsracks serve a legitimate public purpose by providing convenient access to printed news publications. The Town of Jamestown recognizes that news dealers must be permitted to affix newsracks at intersections and places of high pedestrian traffic. Because they are generally placed on public property, the following regulations apply to all newsracks in Jamestown.

B.

Permit required. No newsrack shall be placed in Jamestown, either on public or private property, unless the owner or agent has secured a permit for the newsrack from the town council.

The application for a permit shall include the location, size, and description of the newsrack and shall be approved by the zoning enforcement officer prior to approval by the town council. A permit is valid for one year.

The cost of a permit shall be $30.00. This amount may be amended from time to time, such as is sufficient to cover the cost of removing hardware and repairing the sidewalk to its original condition.

C.

Permissible locations. The town council shall have discretion over the location of newsracks placed on public streets or sidewalks. Newsracks shall only be placed in such locations and in such a manner so as not to obstruct pedestrian or vehicular traffic or create a similar nuisance. On sidewalks, sufficient space shall be maintained to permit safe passage of pedestrians, including disabled people.

A dealer may place no more than one newsrack at any one location. Each location is considered to have a circulation radius of 400 feet. No newsrack may be placed within three feet of a street crosswalk or sidewalk ramp, or within ten feet of a fire hydrant or fire/police callbox.

D.

Size requirements. Newsracks shall be of reasonable size and shall not be so large as to permit more than one stack of published material at a time. All newsracks shall be less than 48 inches tall.

E.

Fixed newsracks. All newsracks shall be fixed in place by an approved means. A dealer may secure the fixture by means of bolts in the sidewalk, provided the method may be easily corrected by the town when the permit has expired.

F.

Discontinued use. If no application has been received to continue an expired permit, the newsrack shall be presumed to be abandoned. An abandoned newsrack may be removed by the town at the expense of the owner.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

Definition. Any container used for the storage of personal property that is typically rented to owners or occupants of real property, but may be owned by such, for their temporary use and which customarily is delivered and removed by truck. Containers and/or trailers used for the purpose of storing construction equipment on an active construction site shall be exempt from this section.

B.

Permit. No person shall place a container on private property without first obtaining a permit from the building official.

C.

Size. There shall be no more than one container allowed per dwelling unit and/or property. The maximum size of said container shall not be larger than eight feet wide, 20 feet long and eight feet high.

D.

Duration. No container shall remain on a property with a primary use in excess of 120 consecutive days or in excess of 180 days in any calendar year. Provided however, that the building official shall have the authority to grant a one-time extension of up to 60 days.

E.

Location. Containers shall be located, where practical, within driveways and not in required parking spaces, fire lanes, loading zones or public rights-of-way. Discretion on location of containers shall be given to the building official.

F.

Use. No hazardous materials of any kind including flammable shall be stored in the storage container.

G.

Other. All other temporary and mobile facilities for residential, commercial or industrial use are prohibited in all districts, except as allowed in this section 82-705.

H.

Signage on temporary/portable storage containers shall not exceed two square feet.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Requirements for parking or storage of commercial and major recreational equipment are as follows:

A.

On any residentially developed lot, parking lot, driveway, or garage located in a residential district, no more than one commercial vehicle may be stored overnight. Such vehicle or bus shall be no more than 10,000 pounds gross vehicle weight. In an RR-200 or RR-80 district, registered farm vehicles and trucks may be stored provided they are 30 feet from any lot line.

B.

The parking or storing of major recreational equipment must comply with the following regulations:

1)

Not more than one registered major recreational equipment, as defined in section 82-104 (Definitions), may be parked or stored per dwelling unit on any one lot.

2)

No major recreational equipment, while parked or stored, shall be used for living, sleeping, or housekeeping purposes.

3)

No major recreational equipment not owned or operated by a person residing on the premises shall be parked or stored on a lot in a residential district for a period longer than 14 days in a calendar year.

4)

Any equipment parked or store shall be set back at least ten feet from any public or private right-of-way.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Not more than one unregistered motor vehicle may be stored outside on any lot in a residential district.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Basements and/or the bottom of any structure's slab, not including pilings/footings for any proposed new construction, or 50 percent or greater reconstruction or renovation of a structure, shall be located 12 inches above the seasonal high groundwater table. For every application which involves a basement and/or any structure's slab, not including pilings/footings, determination of groundwater elevation shall be presented to the zoning enforcement officer to ensure compliance with this requirement.

A.

Variance for prohibited use: Any proposal where a basement and/or the bottom of any structure's slab, not including pilings/footings is located less than 12 inches above the seasonal high groundwater table, is prohibited and such proposal shall be reviewed under the standards required to obtain a use variance pursuant to article 3 hereof. In addition to the standards contained in article 3, all applicants shall demonstrate evidence to the zoning enforcement officer of the high groundwater table elevation, which shall include all of the results of examination or testing conducted on the lot. This evidence shall be accompanied by a written representation by the owner/applicant or project representative that no additional results are being withheld. All applicants shall demonstrate that the proposal meets, to the greatest extent possible, performance standards contained in [section] 82-800 subsections I and J, 2 and 4 hereof.

B.

Groundwater table verification: In determining the groundwater elevation, one field verified soil evaluation within the basement and/or any structure's slab area subgrade (below ground level), or within five feet of the area proposed for building, is required by a RIDEM Class IV soil evaluator. Where a property owner or the town can produce records of a previous determination made by the town, that determination may be used provided there is a record of the field observations used to make that determination.

(Ord. of 2-3-2025(1), § 1(Exh. A))