Jerusalem Town City Zoning Code
ARTICLE VIIIB
Route 54A Scenic Overlay District
[Added 1-16-2013 by L.L. No. 1-2013]
§ 160-37.4 Purpose.
Sometimes motorists drive for the inherent pleasure and experience of driving a scenic road. When a road passes through an attractive landscape, a considerable portion of a motorist's perceptual activity is directed to the roadside environment. The visual character of a road corridor depends on a number of factors, some of which cannot be significantly modified, such as physiographic features, while others, such as land use, are more readily subject to change. It is the intent of the Route 54A Scenic Overlay District to protect the viewshed from the road, to regulate land uses and building/site design so that they will complement rather than detract from a scenic experience, and ensure that the development of the community reflects the vision as set forth in the Town of Jerusalem Comprehensive Plan.
§ 160-37.5 District boundary.
A.
The boundary of the Route 54A Scenic Overlay District shall be as follows: Beginning at the intersection of the center line of New York State Route 54A (hereafter "Route 54A") and the extension southeasterly of the southwesterly line of lands of Gregory and Sheila Disbrow (Liber 463 of Deeds, page 12; all deed references are to the Yates County Land Records); and running thence northwesterly along said line to a point in the line that is parallel to Route 54A and 500 feet from the center line of Route 54A measured perpendicularly to said center line; thence southwesterly and keeping 500 feet from Route 54A to the center of Williams Hill Road; thence westerly in the center of Williams Hill Road to a point in the line that is parallel to Route 54A and 1,000 feet from the center line of Route 54A measured perpendicularly to said center line; thence southwesterly and keeping 1,000 feet from Route 54A to the southerly line of lands of Douglas and Susan Quade (Liber 575 of Deeds, page 131); thence southeasterly along the southerly boundary of said lands of Quade and along the extension easterly of that line to a point in the line that is parallel to Route 54A and 500 feet from the center line of Route 54A measured perpendicularly to said center line; thence southwesterly, westerly, northwesterly, westerly, and southwesterly and keeping 500 feet from Route 54A to the center of Sugar Creek; thence southeasterly in the center of Sugar Creek to the center of Route 54A; thence northeasterly, easterly, southeasterly, easterly, and northeasterly in the center of Route 54A to the center of Pepper Road; thence southeasterly in the center of Pepper Road to a point in the line that is parallel to Route 54A and 500 feet from the center line of Route 54A measured perpendicularly to said center line; thence northeasterly and keeping 500 feet from Route 54A to the southwesterly line of lands of Joseph E. Klehamer (Liber 541 of Deeds, page 147); and running thence southeasterly along said line to a point in the line that is parallel to Route 54A and 1,000 feet from the center line of Route 54A measured perpendicularly to said center line; thence northeasterly and keeping 1000 feet from Route 54A to the center line of Central Avenue; thence northwesterly in the center of Central Avenue to its intersection with the center line of Route 54A; thence northeasterly in the center of Route 54A to the point of beginning. Said boundary line is depicted on three aerial maps to be filed in the Town Clerk's office with this article.
B.
The Town of Jerusalem Zoning Map is amended to add the location of this district.
§ 160-37.6 Definitions.
Unless specifically defined below or in § 160-5, words or phrases used in this article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this article its most reasonable application.
BANQUET FACILITIES
Any establishment operated for profit wherein the facilities are leased on a temporary basis for private wedding receptions, meetings, banquets, and other similar events. Such establishments shall not be open to the general public and may include food preparation facilities and areas for dancing, dining and other entertainment activities customarily found in association with banquets or receptions.
DEVELOPMENT
All structures, uses or other alterations or modifications of the natural landscape occurring above or below ground or water on a particular lot.
DEVELOPMENT BUFFER
An area of natural or new vegetation or man-made construction, which provides a visual and dimensional separation between dissimilar land uses.
HISTORIC QUALITY
Legacies of the past that are distinctly associated with physical elements of the landscape, whether natural or man-made, that are of such historic significance that they educate the viewer and stir appreciation of the past.
NATURAL QUALITY
Those features of the visual environment, such as geological formations, fossils, landforms, water bodies, vegetation and wildlife that are in a relatively undisturbed state. There may be evidence of human activity but the natural features reveal minimal disturbances.
ROADWAY BUFFER
The area of natural vegetation or landscaping, which is intended to provide a visual and dimensional separation between development and the closest right-of-way of Route 54A.
RURAL VERNACULAR
Relating to, or characteristic of, the traditional building style or landscape of the countryside.
SCENIC CORRIDOR
A roadway and its accompanying right-of-way that offers motorists the unobstructed opportunity to view scenic views and scenic sites in one or more directions, and which usually has a high percentage of open landscape within and alongside it.
SCENIC RESOURCES
Those landscape patterns and features that are visually or aesthetically pleasing and that, therefore, contribute affirmatively to the definition of a distinct community or region, including, but not limited to, trees, rock outcroppings, and historic buildings. In case of a dispute as to whether a particular thing is a scenic resource within the meaning of this definition, the decision of the Planning Board shall govern.
SCENIC SITE
A building, structure, field, resource, natural condition or other feature that has scenic qualities and which has been specifically identified by the Town in the natural and historic resources element of its comprehensive plan or other inventory and assessment as worthy of protection because of its scenic qualities.
SCENIC VIEW
Scenic resources that can be seen from Route 54A and that lie more than 1/4 mile from Route 54A.
SCREEN
Natural vegetation or a decorative structure that creates an opaque visual block or obscures an unattractive view. Screening may consist of any combination of the following, as approved by the Planning Board:
A.
Fencing constructed of cedar, redwood, treated wood, or other suitable all-weather material.
B.
Masonry or stone walls.
C.
Plant materials or natural vegetation.
D.
Earthen berms.
SETBACK
The minimum distance by which any building or improvement must be separated from the right-of-way of Route 54A.
VIEWSHED
The surface area that can be seen from a specific viewpoint along Route 54A.
§ 160-37.7 Application and exceptions.
All new development within the Scenic Overlay District shall comply with the provisions of this article, except for the following exempt structures and uses:
A.
Farm or farm-related structures. Such structures within the roadway buffer are encouraged to comply with rules for the roadway buffer.
B.
Structures and uses existing on the effective date of this overlay district, provided that expansions or additions to existing development on or after the effective date of this article shall comply with these regulations.
§ 160-37.8 Existing conditions analysis and site plan required.
A.
All nonexempt development shall be subject to Article XIX, Site Plan Review, of this chapter. The development shall not be approved until the applicant therefor has submitted an existing conditions map, a site plan, and a landscape plan showing all existing and proposed features of the proposed development. When a preliminary plat is required to be filed for a subdivision in accordance with this Zoning Code, this article shall be administered and enforced at the time a preliminary plat is filed as part of the subdivision review process by the Planning Board. In other cases, such as, but not limited to, a building permit, this article shall be administered and enforced by the Code Enforcement Officer in connection with said permitting process.
B.
The Code Enforcement Officer has the administrative power to waive the site plan review requirement for the development of a single-family home or a hiking trail that does not require subdivision if he determines through his application review that the proposed development meets the provisions set forth in this Scenic Overlay District.
§ 160-37.9 Uses.
Except where specifically modified by the standards in this article, all uses in the Scenic Overlay District must comply with the requirements of the underlying zoning district. In situations where the requirements of the Scenic Overlay District are in conflict with the requirements of the underlying district, the more restrictive standards govern.
A.
Permitted: The use is allowed by right in the Scenic Overlay District. Such uses are subject to all other applicable requirements of this article, including the general standards of the underlying zoning district.
(1)
Single-family dwellings.
(2)
Hiking trails.
(3)
Farms and related farm structures.
(4)
Cemeteries.
(5)
Demonstration farms.
(6)
Parks (noncommercial).
(7)
Museums chartered by the New York State Board of Regents.
(8)
Churches and other similar places of worship, convents, cemeteries and related facilities of religious organizations recognized by the laws of the State of New York.
B.
Permitted subject to site plan review. The following uses, which are likely to draw significant numbers of patrons, are permitted, provided that they shall undergo site plan review under the provisions of Article XIX of this chapter:
(1)
Breweries operated as part of a farm located in a county-adopted New York State-certified agricultural district.
(2)
Distilleries operated as part of a farm located in a county-adopted New York State-certified agricultural district.
(3)
Wineries operated as part of a farm located in a county-adopted New York State-certified agricultural district.
C.
Permitted accessory uses and structures. Permitted accessory uses and structures are as follows:
(1)
Customary farm buildings and structures for the storage of farm products and farm equipment.
(2)
Private garages, attached or detached.
(3)
Home occupations.
(4)
Signs.
(5)
Swimming pools.
(6)
Roadside stands.
(7)
Any other accessory buildings or uses customarily incidental to the permitted use or structure.
D.
Specially permitted: The use is only allowed if reviewed and approved in accordance with the special permit procedures contained in Article X, Special Use Permits.
(1)
Hotels.
(2)
Small business retail: small retail service businesses having one or more buildings occupying in total less than 2,000 square feet of land, such as beauty parlors, barber shops, antique shops, ceramics/pottery shops, neighborhood grocery stores, catering, spas, etc., that meet the requirements of Article IV, Article X and § 160-26 of Article V.
(3)
Bed-and-breakfast.
(4)
Assisted-living facilities.
(5)
Nursing homes.
(6)
Banquet facilities.
(7)
Business offices.
(8)
Daycares.
(9)
Breweries not operated as part of a farm located in a county-adopted New York State-certified agricultural district.
(10)
Distilleries not operated as part of a farm located in a county-adopted New York State-certified agricultural district.
(11)
Wineries not operated as part of a farm located in a county-adopted New York State-certified agricultural district.
(12)
Health care offices.
(13)
Plant nurseries.
(14)
Restaurants.
(15)
Municipal buildings.
(16)
Golf courses.
(17)
Senior housing.
(18)
Libraries.
E.
Expressly prohibited: The use is expressly prohibited. These uses include but are not limited to:
(1)
Agricultural business establishments to service and supply farm equipment and supplies.
(2)
Theaters.
(3)
Motor vehicle service stations.
(4)
Stations dispensing gasoline and/or electricity to automobiles.
(5)
Sale, lease or rental of motor vehicles.
(6)
Outdoor storage or display of motor vehicles.
(7)
Outdoor storage of unlicensed or dismantled vehicles.
(8)
Private airfields, landing strips or related facilities.
(9)
Animal hospitals and kennels.
(10)
Excavation operations.
(11)
Migrant labor camps.
(12)
Mini storage/self storage.
(13)
Campgrounds.
(14)
Race tracks.
(15)
Amusement parks.
(16)
Boat Storage (including off-season boat storage).
(17)
Large business: any commercial use not constituting a small business retail, § 160-37.9D(2), above.
(18)
Mobil home parks.
(19)
Hospitals.
(20)
Educational institutions chartered by the New York State Regents.
§ 160-37.10 Provisions regarding buildings and structures.
A.
Building character.
(1)
Architectural design shall avoid long unbroken planes of building frontage.
(2)
Architectural design should reflect the rural vernacular character of the Town of Jerusalem.
(3)
No awnings or canopy fascias shall be internally lit.
(4)
Building and roof colors shall consist of earth tones, white, black, or shades of gray. Bright colors shall be limited to trim and signage. Day-glow or neon colors shall be avoided.
(5)
Building color schemes and shapes shall blend in with surroundings. Specifically, garish colors and unusual patterns or geometric shapes shall be avoided.
(6)
Applicants are required to submit color renderings, color elevation drawings, or color photographs with the site plan or to place a note on the site plan indicating that compliance with this section shall be achieved and approved by the Code Enforcement Officer prior to installation.
(7)
Appropriate devices shall be provided to obscure as much as reasonably possible all roof-mounted equipment, roof vents, or other unsightly building appurtenances from view from Route 54A.
§ 160-37.11 Provisions regarding site development.
A.
Development setback.
(1)
All developments on lots greater than 180 feet deep shall maintain a minimum front yard setback of 60 feet for all buildings, structures and property improvements such as parking lots, except for approved road, driveway and utility crossings.
(2)
All developments on lots having a depth of 180 feet or less shall maintain a minimum front yard setback of 1/3 of the lot depth for all buildings, structures and property improvements such as parking lots, except for approved road, driveway and utility crossings.
(3)
All developments shall maintain a minimum side yard setback of 20 feet for all buildings, structures and property improvements such as parking lots, except for approved road, driveway and utility crossings.
B.
Development buffers.
(1)
All development adjacent to a less intensive use or containing a special use shall have a buffer unless waived by the Planning Board.
(2)
Man-made vegetative buffers shall include a combination of deciduous and coniferous overstory and understory plants at an appropriate density to effectively form a screen.
(3)
Fences and freestanding walls shall present a finished and decorative appearance to the abutting property, and shall be located no closer to the property line than two feet.
(4)
Buffers are required to be created at the time development is constructed.
(5)
Every buffer shall be maintained by the owner of the property where the buffer is located, so as to provide an opaque visual screen.
(6)
Buffers shall be located on the site to best achieve the screening required between dissimilar uses.
C.
Clustering. In order to minimize visual impacts, preserve green space, and protect important scenic resources, the Planning Board may require subdivisions within the overlay district to be clustered.
D.
Development location and placement.
(1)
Development shall be located in a manner that maintains the natural topography to the greatest extent feasible.
(2)
Development shall be sited in a manner to carefully integrate the development into the vernacular landscape while minimizing the adverse visual and environmental impacts.
(3)
To the extent practicable, development shall be placed as to retain existing vegetation patterns such as wooded hills, open fields, wood lots, and hedgerows.
(4)
The highest point of any structure shall not visually interrupt a ridgeline or hilltop.
E.
Roadway buffer.
(1)
A roadway buffer of the lesser of 40 feet or 1/3 of the depth of the lot shall be provided within the required development setback, abutting the right-of-way of Route 54A. The Planning Board may permit a modification of this provision due to unusual site conditions or circumstances.
(2)
Where existing trees and significant vegetation exist within the roadway buffer, they shall be retained as determined appropriate and directed by the Planning Board.
(3)
Where such existing trees and significant vegetation are sparse, the Planning Board may require revegetation.
(4)
To the greatest extent practicable, vegetation within a roadway buffer shall remain within a roadway buffer. It may be pruned and/or removed only if necessary to ensure proper visibility of oncoming traffic, remove safety hazards or dying or diseased vegetation, or for other good cause as approved by the Planning Board.
F.
Uses within roadway buffer.
(1)
Signage and other minor accessory features of the development may be included within the roadway buffer if compatible with the purpose of the roadway buffer or essential to the identification of the development, subject to the approval of the Planning Board.
(2)
The construction of a driveway for access to a lot is permitted. Such driveway shall be designed to minimize the clearing of vegetation.
G.
Exceptions to roadway buffer for scenic viewshed protection. When the application of the roadway buffer requirement of this district would have the practical effect of screening from view important scenic sites, natural qualities or historic qualities, the Planning Board may permit a modification of these provisions so that views of such sites or qualities are retained. The intent of this provision is to preserve lines of sight to view distant scenery from the 54A corridor.
H.
Exceptions for product viewing. For developments containing commercial uses and which require the display of goods in view from the road, the Planning Board may, upon application, permit a modification of the development setback, roadway buffer and screening requirements of this district to allow for reasonable but limited view of commercial products from the road, provided that no such product view area shall extend more than 20% of the total length of the property frontage along the scenic corridor.
I.
Landscaping plan. A landscaping plan showing all existing and proposed features, including trees, roadway buffer and other relevant features of the landscape within the development setback, shall be required to be approved by the Planning Board. Landscaping shall be installed by the development applicant in accordance with the approved landscape plan. Native plant materials are particularly encouraged.
J.
Utilities.
(1)
Utility rights-of-way shall be shared with other utility and/or transportation rights-of-way where feasible, and shall be located to minimize site disturbance, and any adverse impacts to natural, cultural or scenic resources, and to public health.
(2)
Utility corridors shall follow natural contours.
(3)
All utility lines serving uses proposed or developed within the scenic district, including electricity, telephone, data and cable television, should be installed underground within the roadway buffer and development setback area.
(4)
Underground utility trenches must be revegetated.
(5)
Utility boxes and cabinets that are now or must, by necessity, be located above ground must be shielded from view from the scenic corridor with existing vegetation and/or revegetation. Any aboveground boxes that cannot be buried shall, in addition to being screened by vegetation, be painted a neutral or earth-tone color or otherwise made to blend in with their surroundings.
K.
Roads, driveways and paths.
(1)
A road pattern, or characteristics of any road pattern, proposed as part of a development shall be designed and constructed to contribute to the scenic character of the landscape in view.
(2)
Roads and driveways should follow natural contours in order to fit into a scenic landscape and, to the extent practical, follow existing linear features such as tree lines, stone walls or hedge rows.
(3)
New roads and driveways constructed within the scenic district shall not be dominant visually and there should be only a minimal amount of road in view within the roadway buffer.
(4)
All roads, driveways and paths within the roadway buffer and within the development setback area shall be stabilized and surfaced with gravel, stone, asphalt or other materials approved by the Planning Board.
(5)
Shared driveways and curb cuts are encouraged.
L.
Walls and fences.
(1)
Walls within or along the roadway buffer shall not be allowed, except for low-lying decorative stone walls for enhancement of the scenic corridor, or walls that are needed for slope stabilization. Privacy fences shall not be permitted within the roadway buffer or development setback area. Where permitted, walls shall be located so that scenic views are maintained. Walls must consist of natural materials and shall only be of those colors that blend with the vegetation or abutting landscape features.
(2)
Existing stone walls and fences that are part of the historic quality of the corridor shall not be removed.
M.
Parking.
(1)
Unless specifically waived by the Planning Board due to unusual site conditions, parking shall be prohibited in the area between the structure and State Route 54A.
(2)
All nonresidential parking areas between the structure and State Route 54A shall be screened from view along State Route 54A. Parking areas to the side or in the rear of the structure are not required to be screened.