A. It is the purpose of this chapter to allow flexibility of land use, subject always to the restrictions, prohibitions, and requirements contained herein. Any use not specifically set forth as a permitted use in any district is hereby expressly prohibited in that district. A use specifically set forth as a permitted use in one district shall not be permitted in another district unless it is specifically set forth as a permitted use in said other district. Except as otherwise provided herein, no land shall be cleared, excavated, or graded, no building, structure, or land shall hereafter be used or occupied, and no building, structure, or part thereof shall be erected, moved or altered, unless in conformity with the regulations herein specified for the district in which it is located; and no building or structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards, or side yards, than is specified herein for the district in which such building or structure is located.
B. Within each use district, the regulations established by this chapter shall be minimum regulations and shall be applied uniformly to each class or kind of structure or land.
C. Refer to Article XXIII: Explicitly Prohibited Uses of this chapter for definitions and descriptions of specified explicitly prohibited uses that are prohibited in each and every zoning district within the Town.

A. Except as may be permitted pursuant to § 160-27: Off-season boat, vehicle and camper storage, Article XII: Large-Scale Multiple-Dwelling Developments and Article XXII: Townhouses, no lot shall have erected upon it more than one principal building. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
B. Detached accessory buildings shall conform to the area coverage and set back requirements of the schedule.
C. Every principal building shall be built upon a lot which complies with the lot frontage and width requirements of this chapter. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
D. At the intersection of two or more streets, no hedge, fence or wall nor more than a single post or tree which is higher than three feet above street level nor any obstruction to vision shall be permitted in the triangular area formed by the intersecting street lines and a line joining each 30 feet distant from said intersection along said street line.
E. Where a building has frontage on a street which is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.
F. All yards, open space, off-street parking and required landscaping must be contained within the use district in which the use is permitted.
G. For the purpose of regulating the locations of accessory buildings on corner lots and on through lots extending between parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the use district in which said corner lot or through lot is located.
H. For the purpose of establishing front or side yards and building setbacks, the boundary of all highways shall be presumed to be not less than 24 3/4 feet from the center line of the traveled way and may be located at a substantially greater distance from such center line.
I. When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter, either with respect to any existing structures or use and/or proposed structures or use. No parcel of land shall be divided to create a nonconforming lot or use.
J. The provisions of this chapter shall not apply to customary local distribution or collection lines for water, sewer, telephone, or electric service. Further, nothing in this chapter shall prohibit the transmission of natural gas through otherwise legal utility pipes, lines, or related appurtenances for the limited purpose of supplying natural gas utility services to residents of or buildings located in the Town. All facilities, such as pumping stations, repeater stations and electric substations which require a structure above grade, shall be subject to the requirements of this chapter as herein provided.
K. Residential structures shall have the lowest habitable floor elevated to at least 722 feet above sea level.

A. Existing natural features, such as trees, brooks, drainage channels and view, should be retained. Whenever such features interfere with the proposed use of the property, retention of the maximum amount of such features consistent with the use of the property shall be required.
B. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or use other than on the premises from which taken except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto or except as hereinafter specified in § 160-23: Excavation operations.

A. Except as otherwise provided in this article, a nonconforming lot may continue to exist provided that it shall not be reduced in size nor shall it otherwise have its boundaries altered.
B. Except as otherwise provided in this article, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued, although such use or building does not conform to the regulations specified by this chapter, provided that:

(1) The lot, on which such nonconforming use or building is situate, is not reduced in size.
(2) No nonconforming building may be enlarged, extended or increased except as follows:

(a) The height of the nonconforming building may be increased provided such increase is within the height limits required by this chapter, as determined by the Code Enforcement Officer;
(b) Horizontal expansion of the nonconforming building shall be permitted provided such horizontal expansion does not increase the degree of nonconformance and further provided such horizontal expansion conforms with all other regulations of this chapter, as determined by the Code Enforcement Officer.

(3) No nonconforming use may be expanded.

A. Failure to exercise any nonconforming use for a period of one year or more shall terminate such nonconforming use of the structure or premises, and thereafter such structure or premises shall be used only in conformity with the provisions of this chapter. Upon application, the Zoning Board of Appeals, for good cause shown, may extend the termination date of any nonconforming use to such date as will not exceed two years in total from the date of failure to exercise a nonconforming use commenced. Such extension shall be granted by the Zoning Board of Appeals only in such cases where the purposes of this chapter will not be offended.
B. A nonconforming use shall be considered abandoned when there occurs a cessation of any use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance.

A. Any building or structure which exists on a nonconforming lot may be restored, reconstructed or replaced. It may be expanded, provided that said structure does not exceed twenty-percent coverage of the square footage of the lot and meets all the setbacks and height requirements set forth in this chapter.
B. Any nonconforming building or structure may be restored, reconstructed or replaced as follows:

(1) The height of the restored, reconstructed or replaced building or structure may be increased provided such increase is within the height limits required by this chapter;
(2) Horizontal expansion of the restored, reconstructed or replaced building or structure shall be permitted provided such horizontal expansion does not increase the degree of nonconformance and further provided such horizontal expansion conforms with all other regulations of this chapter.
(3) The restored, reconstructed or replaced building or structure shall otherwise be sited as before on the same outline or footprint of the original, nonconforming building or structure.

C. The applicant shall submit an application for a building permit in full compliance with Article XIV: Administration and Enforcement, § 160-65: Building permits, and, in addition, shall submit specifications and a dimensioned plan to scale indicating the shape, size, height and location of the building or structure as it exists or existed before demolition or damage.

See Forms and Applications for more detailed information on Building Permits.

D. Before any changes are made to such building or structure, the Code Enforcement Officer must inspect the building footprint and an exact location of the building or structure shall be established.
E. The applicant shall provide as much documentation as possible, including a survey map showing the location of the present and proposed structure as described in § 160-65C(1).
F. Such restoration must be completed within two years of the issuance of the building permit or the use of such building or structure as a legal nonconforming building or structure shall thereafter be terminated.

No nonconforming use shall, if once changed into a conforming use, be changed back to a nonconforming use.

When the boundaries of a use district shall be changed so as to transfer an area from one use district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.

Nothing herein contained shall require any change in plans, construction or designated use of a building, structure or sign for which a building permit or certificate has heretofore been issued, and the construction of which shall have been diligently prosecuted within three months of the date of such permit or certificate, the 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 or certificate, and which the entire building shall be completed according to such plans as filed within two years from the date of the adoption of this chapter.

At any time after the effective date of this chapter, upon written request of the user of any building or premises or at the insistence of the Code Enforcement Officer, an examination by the Code Enforcement Officer of any existing use shall be made. A report of the findings made upon such examination shall thereafter be filed with the Zoning Board of Appeals, together with the proposed certificate of existing use, which shall clearly describe the premises and structure, if any, referred to and shall specify the nature and extent of such existing use. Such certificate shall be prepared in triplicate, one copy of which shall be filed with the Town Clerk, one copy of which shall be furnished to the Zoning Board of Appeals and one copy of which shall be furnished to the owner or tenant. The Zoning Board of Appeals shall have 30 days from the date it receives such proposed certificate in which to affirm or deny such proposed certificate. If the Zoning Board of Appeals approves the proposed certificate, the Code Enforcement Officer shall deliver by mail, or otherwise, a copy of the certificate to the owner or user. The Zoning Board of Appeals shall have the power to examine into the facts upon its own motion and amend such proposed certificate in accordance with its findings. If the Zoning Board of Appeals takes no action within 30 days from the date of its receipt of the proposed certificate, and the Code Enforcement Officer shall deliver by mail, or otherwise, the certificate to the owner or user.

A. Explicitly prohibited uses.

(1) The following uses and activities (being respectively defined in Subsection C below of this section) are hereby expressly and explicitly prohibited in each and every zoning district within the Town, and no building or structure shall be created, altered or erected, and no body of water, land or building thereon shall be used, for any of such uses or activities:

(a) Disposal of radioactive material.
(b) Injection well.
(c) Land application facility.
(d) Large-scale water use.
(e) Natural gas and/or petroleum exploration activities.
(f) Natural gas and/or petroleum extraction activities.
(g) Natural gas and/or petroleum extraction, exploration or production wastes disposal/storage facility.
(h) Natural gas and/or petroleum extraction, exploration or production wastes dump.
(i) Natural gas compression facility.
(j) Natural gas processing facility.
(k) Nonregulated pipelines.
(l) Underground injection.
(m) Underground natural gas storage.

(2) Any condition caused or permitted to exist in violation of this Subsection A, above, is a threat to public health, safety and welfare, and is hereby declared and deemed to be a nuisance. Collectively, the above expressly prohibited uses may be referred to in this chapter as "explicitly prohibited uses;" any one of the above expressly prohibited uses may be referred to in this chapter as an "explicitly prohibited use;" and any combination of more than one such use may also be referred to as "explicitly prohibited uses."

B. Prohibition against natural gas and/or petroleum extraction, exploration or production wastes. The Town of Jerusalem hereby exercises its authority and right under NY ECL § 27-0711 to adopt a local law that is consistent with the Environmental Conservation Law Article 27, such consistency demonstrated by the fact that this Local Law complies with at least the minimum applicable requirements set forth in such statute, and the rules and regulations promulgated pursuant to said Article 27. It shall be unlawful for any person to produce, store, inject, discard, discharge, dispose release, or maintain, or to suffer, cause or permit to be produced, stored, injected, discarded, discharged, disposed, released, or maintained, anywhere within the Town, any natural gas and/or petroleum extraction, exploration or production wastes.
C. Defined terms. See § 160-141C for a list of associated definitions.

(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.

Provisions regarding site development. 

(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.

(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.

(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.

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.
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.
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.
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.

(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.

(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.

For complete information including Specifically Prohibited Uses see Article VIIIB: Route 54A Scenic Overlay District