Encroachment Type
Zoning District
Permanent/Non-Permanent Encroachment
Encroachment Description
If Other, Please Explain
Encroachment Information
CITY OF JAMESTOWN, NEW YORK
Encroachment Guidelines (C-3 Central Business District)
Permanent and Non-Permanent Encroachments
Intent
The intent of these guidelines is to create a safe and business friendly atmosphere throughout the central business district of the City of Jamestown, encouraging a vibrant and lively downtown area. Pedestrian activity and interest generated by sidewalk cafes and storefront displays will attract people to the central business district, encouraging them to patronize businesses throughout the downtown.
Location
These guidelines will apply in the C-3 Central Business District, as defined by the official Zoning Map of the City of Jamestown adopted on October 18, 1998. This area is presently considered the central business district of the city.
Allowed encroachments
Encroachments will be defined as non-permanent and permanent.
- Non-Permanent Encroachments:
A non-permanent encroachment is an object that is not permanent in nature, not fixed or secured to the ground. The following are examples of non-permanent encroachments: tables; seating; signboards; planters; etc. (This list is not comprehensive) Although retractable awnings are attached to the buildings, for purposes of this Encroachment Application, retractable awnings will be considered non-permanent.
- Placement of Non-Permanent Encroachments: A five-foot wide strip to be determined on a case-by-case basis at staff level must be maintained on the sidewalk at all times to allow for pedestrian traffic, and a two-foot strip against the curb shall be designated for vehicular traffic.
- Any non-permanent encroachment is subject to the existing sign ordinance. If used for signage, it must be calculated in the total allowed signage area.
- Any non-permanent encroachment that overhangs any part of the sidewalk area, a vertical space of seven-and-a-half feet from the existing sidewalk level to a point above must remain clear of any fixed or attached portions of the encroachment. This area shall be free of any overhanging objects so as not to create a hazard to any pedestrian
- Permanent Encroachments:
A permanent encroachment is defined as an object that is permanently left in place, anchored to the ground or building. The following are examples of permanent encroachments: Stairs and stairwells, fire escapes, canopies or any object that projects into the right-of-way that is permanently attached or fixed in-place.
- No permanent encroachments that project more than one foot into the right-of-way will be allowed on the front face of any structure.
Liability
All applicants with encroachments will provide liability insurance and hold harmless clause excluding the City of Jamestown from any liabilities regarding the encroachment(s). Liability insurance for $300,000.00 will be required for non-permanent encroachments. Liability insurance for $ 1,000,000.00 will be required for permanent encroachments.
Process
- A formal Encroachment Application will be submitted to the Building/Zoning Code Enforcement Officer declaring that the ground floor business wishes to use a portion of the sidewalk area for business purposes.
- The application must describe the intended use of the encroachment area and include a sketch of the proposed use showing the location of tables, chairs, planters, sales racks, overhanging sign, etc.
- The application must also be accompanied by proof of liability insurance covering the intended use, holding the City of Jamestown harmless. Coverage must be renewed annually, with proof of insurance provided to the Department of Development office by January 1.
- City staff, including the Director of Public Works, the Building/Zoning Code Enforcement Officer and the Principal Planner, will evaluate the intended use and its compliance with these guidelines.
- The staff will approve/disapprove the request.
- Appeals to staff decisions can be made to the City Public Safety Committee, if necessary.
The initial Encroachment Application applies to the business submitting the application. A new application must be made at a change of tenancy. A new application will be required if additional encroachments are to be added to the initial application.
Fees
An Encroachment Application fee of seventy-five dollars ($75.00) per calendar year or any portion thereof payable to the City Treasurer will be assessed to process the application and grant a Certificate of Appropriateness allowing the request. A yearly renewal fee of fifty dollars ($50.00) per parcel payable to the City Treasurer will be assessed to maintain records of liability insurance for all approved and recorded encroachments. Failure to renew by January 31st will require a new application
Maintenance
All applicants will maintain encroachments in good condition or be subject to appearance proceedings and fines.
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