Jerusalem Town City Zoning Code
ARTICLE VI
Residential-Lakeshore Area R1 Use District
§ 160-28 General description and purpose.
[Amended 3-10-1993 by L.L. No. 2-1993]
The R1 Use District is established to provide for the residential development and use of the land along Keuka Lake. This district was created to encourage the preservation of scenic and natural resources of both land and water and to otherwise carry out the objectives of these regulations.
§ 160-29 Permitted uses; accessory uses and buildings.
[Amended 3-10-1993 by L.L. No. 2-1993; 12-17-2008 by L.L. No. 6-2008]
In this district no structure shall be erected or altered and no structure shall be altered or used except for one or more of the following specified uses:
A.
Permitted principal use:
(1)
Single-family dwellings, but not including mobile homes.
(2)
Agriculture, farm and customary agricultural operations as herein defined.
(3)
Roadside stands.
B.
Accessory uses and structures.
(1)
Home occupation.
(2)
The storage of boats and personal watercraft outdoors.
(3)
The storage of no more than one of each of the following when owned by the resident of the premises and either licensed or in satisfactory condition for being licensed by the Department of Motor Vehicles: boat trailer, cargo trailer, unoccupied camper, unoccupied recreational vehicle (RV).
(4)
Bathhouse, boathouse, beachhouse, detached private garage for use by passenger vehicles, boat slips, docks, playhouse, tool house, garden house, private swimming pool.
(5)
One nonpermanent, movable structure, not exceeding 64 square feet in size, which may be set not closer than five feet from the side yard lot lines and road right-of-way, including, but not limited to, a dog house, garden shed, lawnmower storage shed or beach gear storage shed.
(6)
No accessory use structure shall be operated for gain or used for sleeping or living purposes.
C.
Special use:
(1)
Bed-and-breakfast (in conformance with Article X).
§ 160-30 Area, yard and height restrictions; building coverage.
A.
Area per dwelling unit and lot dimensions shall be as follows:
(1)
The minimum width of the lot at the front building line and lakeshore shall be 75 feet. The minimum depth of the lot shall be 100 feet. The minimum lot area shall be 20,000 square feet.
(a)
Preexisting lot. When a person or persons own a lot of less than 20,000 square feet, they may apply for a permit to add to or construct a new structure if the total proposed dwelling and structures do not cover over 20% of the lot, can meet all the setbacks mandated and meet all the wastewater regulations.
[Added 3-10-1993 by L.L. No. 2-1993]
(2)
Front yards. There shall be a front yard of not less than 64.75 feet measured from the center of the traveled way. For a lot between the public highway and the lake, this may be reduced to 15 feet to the high water line. For purposes of this chapter, lakeshore lot line shall be measured at an elevation of 715.15 feet above sea level, which has been established as mean high water level by the New York State Department of Environmental Conservation. In locations where stairs are necessary for practical access to the lakeshore, they may be constructed within the fifteen-foot setback, but the bottom step may not be below the high water mark. The stairs may include one or more landings, if required for safety, provided that each landing is not more than 16 square feet in area and is not enclosed or covered.
[Amended 12-17-2008 by L.L. No. 6-2008]
(3)
Side yards. There shall be two side yards with a total width of not less than 20 feet, and the width of the narrower of the two side yards shall not be less than 10 feet.
(4)
Rear yards.
[Amended 12-17-2008 by L.L. No. 6-2008; 10-21-2009 by L.L. No. 6-2009]
(a)
There shall be a rear yard of not less than 30 feet. For a lot between the public highway and the lake, this may be modified to 44.75 feet measured from the center of the traveled way.
(b)
In locations where stairs are necessary for practical access from the public highway to the usable area of a lot, they may be constructed within the prescribed yard, but the top step may not be closer than 24.75 feet from the center of the highway. The stairs may include one or more landings if required for safety, provided that each landing is not more than 16 square feet in area and is not enclosed or covered.
B.
Height. No principal building shall exceed 35 feet in height, except as provided in Article IV, § 160-15B. No accessory structure located between the public highway and the lake shall exceed one story or 15 feet in height. No accessory structure located on the uphill side of the public highway shall exceed 20 feet in height.
[Amended 12-17-2008 by L.L. No. 6-2008]
C.
The minimum building square footage for a one-story dwelling structure shall be 600 square feet, for a one-and-one-half-story residential building or structure, 1,000 square feet; for a two-story residential building or structure, 1,200 square feet. In calculating the minimum square footage as required herein, open porches, decks and steps shall not be taken into consideration.
[Amended 3-10-1993 by L.L. No. 2-1993]
D.
Maximum lot coverage. No lot coverage shall exceed 20%.
[Amended 3-10-1993 by L.L. No. 2-1993; 3-16-2016 by L.L. No. 2-2016]
E.
No person shall grant, permit, convey or lease a right-of-way to the lakeshore (except for the purpose of drawing water) of less than 50 feet of lake frontage for each dwelling unit served. Such right-of-way or access may be combined with other similar rights-of-way, but in no event shall there be less than 50 feet of lake frontage for each dwelling unit served. [NOTE: Any multiple-dwelling development with lakeshore (land used as a common beach) would have to provide at least 50 feet for each dwelling unit in the development. A twenty-five-unit development, for example, would require 1,250 feet of lakeshore if any lakeshore access were to be provided. The area of a lot as computed for the purpose of this chapter shall not include the area of any easement granted, conveyed or leased.]
F.
Setbacks from the property line shall be measured from the closest point on any structure, which shall include porches, whether open or closed, decks and roof overhang.
[Added 3-10-1993 by L.L. No. 2-1993]