Port Jervis City Zoning Code
ARTICLE III
Zones Established; Zoning Map.
§ 535-5 Districts established.
[Amended 3-28-2022 by L.L. No. 2-2022; 2-26-2024 by L.L. No. 3-2024]
The zoning districts listed below are hereby established and the City of Port Jervis is divided into the districts listed.
Symbol | Title |
|---|---|
R-1 | Low-Density Residence District |
R-2 | Medium-Density Residence District |
MCD | Mountain Conservation District |
CBD | Central Business District |
NMU | Neighborhood Mixed Use District |
WMU | Waterfront Mixed-Use |
LI | Light Industry District |
SCAH | Senior Citizens Affordable Housing |
A.
R-1 Low-Density Residence District.
(1)
Purpose: The purpose of the Low-Density Residence District is to provide areas primarily for single-family residential development in the form of detached dwellings. The purpose is to create neighborhoods where people live and conduct their domestic activities. The Low-Density Residence District is characterized by traditional suburban residential development.
(2)
Map color: light green.
B.
R-2 Medium-Density Residence District.
(1)
Purpose: The purpose of the Residential Medium-Density District is to provide for a wide variety of residential building types to accommodate the lifestyles and housing needs of a diverse population and household types, in a compact, walkable neighborhood, to reduce greenhouse gas emissions and promote an energy-independent and secure community, and to enhance community resilience.
(2)
Map color: tan/beige.
C.
MCD Mountain Conservation District.
(1)
Purpose: to maintain land areas that contain important environmental and natural resources and allow for recreational and entertainment uses as well as correlative lodging uses. Many of the mountain conservation areas are already protected or preserved open space areas.
(2)
Map color: burnt orange.
D.
CBD Central Business District.
(1)
Purpose: to promote new business development in appropriate locations within the City and to foster the redevelopment of commercial properties within the district in a manner that will create a high quality public realm and streetscape and a mix of compatible uses in a variety of building types, reduce greenhouse gas emissions, promote an energy-independent and secure community, and enhance community resilience.
(2)
Map color: red.
E.
NMU Neighborhood Mixed-Use District.
(1)
Purpose: to promote the development of mixed-use, pedestrian-friendly development in neighborhood areas at a scale consistent with small neighborhood uses. This district provides for the intermixing of neighborhood commercial, office, and residential land uses. This neighborhood-scale mixed-use district will help reduce the need for excessive parking and lay the foundation for an increase in pedestrian access. Flexibility is the key to this district, allowing a mix of uses based on the ability of the applicant to be creative.
(2)
Map color: purple.
F.
WMU Waterfront Mixed-Use District.
(1)
Purpose: to encourage the redevelopment of Port Jervis waterfront as a mixture of uses that will contribute to the City's tax base, create jobs and integrate with the natural environment of the Delaware River, the downtown, the adjacent residential neighborhood and City bicycle/pedestrian trail systems. This shall be accomplished by providing zoning classification suitable for application to that portion of the waterfront where mixed uses, including recreation, public green space, entertainment, single-family, multifamily residential, trade shops and retail and service-related commercial activity will be permitted. Permitted commercial uses will be limited to those uses that will not compete with downtown retail activity and will provide goods and services needed by the adjacent residential neighborhood and the employees and customers of businesses located on the waterfront.
(2)
Map color: teal/green.
G.
LI Light Industrial District.
(1)
Purpose: to promote the development of light industry in appropriate locations within the City and to tap into the research and technology innovation generated by regional institutions of higher education to contribute to the local tax base and provide employment while limiting negative impacts on the environment.
(2)
Map color: light grey.
H.
SCAH Senior Citizens Affordable Housing District.
(1)
Purpose: to encourage the development of senior housing that is compatible and complementary to its neighborhood context, is located near essential services and amenities required by seniors, and allows for or encourages neighborhood walkability. The district facilitates the development of senior housing projects which are superior in functional design, quality of construction, appearance, and operational standards and ensures that adequate affordable housing is provided to very-low- and moderate-income senior citizens.
(2)
Map color: magenta.
K.
Tri-State Commerce District (“TSC”).
(1)
Purpose: The Tri-State Commerce District is established in conjunction with the annexation of certain properties from the Town of Deerpark into the City of Port Jervis, as well as the inclusion of certain properties already existing within the boundaries of the City, to promote the development of certain areas known as the “Interchange Site." The Interchange Site is located at the southern part of the City between County Route 16 (Maple Ave) and County Route 15, north of Interstate-84 (I-84). The goal for the district is to encourage projects such as retail, dining, and lodging for the Interchange Site.
(2)
Map color: ___________________
§ 535-6 Zoning Map.
The boundaries of the zones are hereby established as shown on the Zoning Map, City of Port Jervis, adopted March 13, 1989, which accompanies this chapter, and which, with all explanatory matter thereon, is hereby adopted and made a part of this chapter. Said map, indicating the latest amendments, shall be kept up-to-date in the office of the Building Official and the City Clerk-Treasurer for the use and benefit of the public.
§ 535-7 Annexed property.
Any property which may hereafter be annexed to the City of Port Jervis shall automatically be zoned Low-Density Residence District (R-1), unless specifically zoned otherwise by an action of the Common Council.
§ 535-8 Interpretation of district boundaries.
In determining the boundaries of districts on the map, the following rules shall apply:
A.
Center lines. Unless otherwise shown, the zone boundaries shall be construed to coincide with the center lines of street, alleys, parkways, waterways, railroad rights-of-way or such lines extended.
B.
Property lines. Where such boundaries are indicated as approximately following the property lines of parks or other publicly owned land, such lines shall be construed to be such boundaries.
C.
Parallel to streets. Unless otherwise shown, all zone boundaries running parallel to streets shall be construed to be 120 feet from the center line of the street.
D.
Division of a lot. In all cases where a zone boundary divides a lot in one ownership at the time of the adoption of this chapter and more than 50% of the area of such lot lies in the less restricted zone, the regulations prescribed by this chapter of the less restrictive zone shall apply to such portion of the more restricted portion of said lot as lies within 30 feet of such zone boundary. For purposes of this subsection, the more restricted zone shall be deemed that district which is subject to regulations which prohibit the particular use intended to be made of said lot or which require higher standards with respect to setback, coverage, yards, screening, landscaping and similar requirements.
E.
Close to lot line. In all cases where a zone boundary line is located not farther than 15 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.
F.
Use of scale. In all other cases where dimensions are not shown on the map, the location of boundaries shown on the map shall be determined by the use of the scale appearing thereon.
§ 535-9 Effect of establishment of zones.
A.
Conformity. No land, water, building or other structure shall be used and no building or other structure shall be constructed or reconstructed unless it shall conform to this chapter. No lot or land shall be subdivided, sold, encumbered or conveyed so as to:
(1)
Make said lot or land nonconforming or more nonconforming to this chapter;
(2)
Make any use, building or other structure nonconforming or more nonconforming;
(3)
Reduce any setback, open space or off-street parking or loading spaces to less than is required by this chapter.
(4)
Make any nonconformity more nonconforming.
B.
Required yard and open space. No yard or open space required in connection with any structure or use shall be considered as providing a required yard or open space for any other structure on the same or any other lot.
C.
No subdivision unless both lots conforming. No lot shall be formed from a part of a lot already occupied by a structure unless such structure, all setbacks and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No permit shall be issued for the erection of a structure on any new lot thus created unless such structure and lot comply with all provisions of this chapter.
D.
Compliance with previous ordinance. Nothing contained in this chapter shall require any change in the plans, construction or designated use of a structure complying with the existing law, a permit for which shall have been duly issued and the construction of which shall have been started before the date of first publication of notice of the public hearing on this chapter, and the ground-story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire structure shall have been completed in accordance with such filed plans within one year from the date of passage of this chapter.