[1]
Editor's Note: This local law also provided
for the repeal of former §§ 215-70, Purpose of Waterfront
District; 215-70.1, Performance standards use permit required in Waterfront
District; 215-70.2, Waiver of the performance standards use permit
in Waterfront District; and 215-70.3, Design standards for Waterfront
District. See now Arts. IXA through IXF for provisions relating to
specific waterfront districts.
The purpose and intent of the W-MU Waterfront
Mixed Use District shall be as follows:
A.
To promote and accommodate the development of a mix
of uses which are designed to recognize the unique and irreplaceable
character of the Niagara River shoreline. The uses should be designed
to promote public access and use of the river shoreline while protecting
and utilizing the unique features and vistas throughout the district.
B.
To provide for appropriate development in this area,
which is to the west of River Road and includes many properties already
being used for or designated for use as parkland or public space.
Permitted development should be sensitive to the size of the properties
and to any environmental conditions that may limit the amount of development
the site can accommodate.
C.
To allow and encourage small commercial uses that
complement the area's recreational, tourism, and parkland facilities
while being sensitive to the physical and environmental limitations,
such as limited space, floodplains and wetlands, characterizing much
of the land within this district.
D.
To encourage flexibility in design and use of sites
within the shoreline area while preserving the unique environmental
features and maintaining or reviving the aesthetic qualities of the
waterfront area. The flexibility of design will be accomplished by
establishing minimal dimensional requirements for principal uses combined
with site plan review and design standards which will ensure development
which is compatible with the goals of the Local Waterfront Revitalization
Program and the Waterfront Land Use Plan and any other relevant planning
documents.
Only the following uses shall be permitted with site plan approval as set forth in Article XXIII:
A.
Public and private parklands, trails, docks, fishing
facilities, boat-launching facilities and picnic areas.
B.
Marinas and yacht dubs.
C.
Boatyard and boat storage facilities.
D.
Commercial excursion and charter fishing boat facilities.
E.
Visitor center, exhibit and interpretive facilities.
F.
A motel, hotel or hotel complex.
G.
Retail stores, restaurants and other water-enhanced
uses, at a scale to be determined by the Town Planning Board, which
are appropriate for the location of the site and surrounding land
uses.
Only the following uses shall be permitted with a special use permit as indicated in Article IXF and with site plan approval as set forth in Article XXIII:
A.
Combinations of permitted uses, based upon the determination of the
Town Planning Board that such combinations are allowed for the waterfront
area.
[Amended 8-29-2016 by L.L. No. 1-2016]
B.
Development of water-dependent facilities, such as
docks or pipelines for the transfer of materials between land and
river, as an accessory to industrial development elsewhere.
C.
Other uses not specifically listed above but which,
based on a determination by the Town Board, in consultation with the
Town Planning Board, are deemed appropriate for the waterfront area,
are similar in nature to the other permitted uses or are compatible
with the purpose and intent of this district.
[Amended 6-17-2013 by L.L. No. 1-2013]
Accessory uses and structures, as defined in this Code, which do not exceed the thresholds set forth in § 215-151, shall be allowed as permitted by the Town Building Department.
A.
Minimum lot size. The required lot size for permitted
uses shall be established by the Town Building Department in consultation
with the Town Planning Board during the site plan review and approval
process. The required minimum lot size shall be based on the amount
of land necessary to adequately accommodate the proposed principal
use as well as all parking, loading, landscaping, open space, setbacks,
public access and traffic access. The required minimum lot size shall
also be based on the relative intensity of the proposed use, the need
to protect or buffer the proposed use and the need to protect or buffer
the use from scenic views or vistas.
B.
Setback requirements. Setbacks from buildings or structures
for all other buildings and structures on the lot and from property
lines for all principal structures and accessory uses shall be determined
by the Town Building Department in consultation with the Town Planning
Board during site plan review and approval and shall be based on the
following guidelines:
(1)
Principal buildings, parking areas and accessory
structures, excluding such facilities as docks, piers, wharves, boat
ramps and other water-dependent related structures, shall be set back
a minimum of 50 feet from the adjacent high-water mark of the Niagara
River.
(2)
Principal buildings, parking areas and accessory
structures shall be set back a minimum of 35 feet from any property
line, public pathway (closest edge) or road right-of-way, except for
River Road where a fifty-foot setback must be maintained.
(3)
Setbacks shall be established with due consideration
of provisions of fire protection services and adequate access for
emergency equipment within and around the site and abutting sites.
(4)
Setbacks shall be established with due consideration
of the protection and preservation of the unique nature and character
of the shoreline area, scenic views and vistas and the specific goals
of this district.
C.
Maximum building and other structure heights.
(1)
Maximum building heights for all permitted principal uses shall
not exceed 35 feet. The Town Planning Board shall also have the power
to establish maximum principal structure heights of less than 35 feet
in such cases where a visual analysis of the site prepared and submitted
by the applicant and reviewed by the Town Planning Board demonstrates
that such height limitation is required to protect the scenic view
or vistas or to maintain the overall aesthetic quality of the waterfront
area.
[Amended 8-29-2016 by L.L. No. 1-2016]
(2)
Accessory structures shall not exceed a maximum
height of 20 feet unless otherwise specified or regulated in this
chapter. These structures may be limited in their height dependent
on a visual analysis as discussed above.
D.
Maximum lot coverage. The total overall ground coverage
of all principal and accessory buildings and structures, parking areas
and other impervious surfaces on any lot shall not exceed 65% of the
total lot area. The remainder shall be open green space and/or landscaped
areas.
The following additional design standards and requirements shall apply throughout the district. In addition, all development shall also conform to the requirements of the River Road Overlay (§ 215-70.26). Where a conflict may exist between these requirements and the Overlay requirements, the Overlay requirements shall be used.
A.
Landscaping, screening and buffering.
(1)
Landscaping shall be provided and maintained
to enhance the general appearance of the development, supply a visual
break of the built environment and give relief to otherwise developed
interior portions of the site to harmonize with the proposed buildings
and the surrounding areas. Appropriate shrubs, trees and plant materials
shall be arranged in beds, rows, islands, berms and clusters as foundation
and area plantings and shall give definition to street edges and provide
screening. They shall not, however, impede public views of the river.
(2)
Significant existing vegetation shall be preserved,
where practical, in any required waterfront or public access setback
or buffer area. The applicant shall incorporate existing trees and
other significant vegetation into the overall site plan to the extent
feasible.
(3)
The applicant shall submit a landscape plan
with the site plan. The landscape plan shall be prepared by a landscape
architect or arborist and describe the plant species, their locations
and size at planting and maturity. Landscape materials selected shall
be appropriate to the growing conditions of this climatic zone.
(4)
The landscape plan shall provide adequate landscaping
or screening for all utility buildings, loading docks, refuse collection
areas, cooling systems, storage areas and all other similar structures,
installations and features.
B.
Fencing. The use of fencing is discouraged within
this district. Where used, the fencing shall be limited to four feet
in height and shall be designed to not visually screen views of the
river. For purposes of outside storage of materials directly associated
with the commercial enterprise on said lot, fencing of a limited area
is permitted.
C.
View protection.
(1)
The site shall be developed in such a way as
to maximize view opportunities at the river's edge and view corridors
throughout the development. Site layout and design shall consider
view corridors from the Riverwalk and any adjacent public open space.
Important views should be protected and enhanced to the maximum extent
practicable. To ensure visual access to the water, at least 25% of
the shoreline shall be contained within view corridors. The total
width of the view corridor shall be measured by dividing the total
width of the view corridors by the total shoreline in a single development
parcel.
(2)
The Town Planning Board may require the applicant to provide
information which will allow an adequate review of the potential impact
of the development on the scenic resources of the area. Information
that may be requested may include:
[Amended 8-29-2016 by L.L. No. 1-2016]
(a)
Photographs of all existing scenic vistas at the site.
(b)
Schematic plans and sections showing clearly the impact that
development will have on the scenic vistas.
(c)
Elevations or perspective sketches showing the proposed development
and its impact on views to the river from surrounding public open
space and/or public rights-of-way.
(d)
Based on the findings of the visual assessment, the Town Planning
Board may limit the height or length of any proposed structure and
may recommend changes in the arrangements of buildings if in its determination
the proposed limitations or changes will protect or enhance the visual
character.
D.
Parking.
(1)
(2)
To encourage pedestrian activity and accessibility, the Town
Planning Board may reduce minimum off-street parking requirements,
taking into account the proposed use, pedestrian accessibility and
other reasonable indications that the amount of parking is adequate
to meet estimated parking needs.
[Amended 8-29-2016 by L.L. No. 1-2016]
(3)
Employee parking facilities shall not be located
within any setback areas. Parking areas for visitors, customers or
clients may be located within a setback area, provided that at least
50% of the area is landscaped. A landscaped buffer of at least five
feet shall be provided between any parking area within the setback
area and the property boundary.
(4)
All parking areas shall be paved with concrete
or blacktop paving, paving brick or other comparable hard surface
approved by the Town Building Department and shall be properly drained.
(5)
Parking areas shall not exceed 10,000 square
feet of uninterrupted paving. Landscaped islands or medians or divider
strips shall be placed within rows of parking spaces so that no row
of parking exceeds 15 spaces without being interrupted by landscaping.
E.
Utilities and communication facilities. It is the
strong intent that all utility and communication facilities shall
be installed underground where feasible, unless extenuating circumstances
are found. Installation shall be in the manner prescribed by the regulations
of the government agency or utility company having jurisdiction. Where
facilities are provided, they shall be planned to anticipate future
utility needs and shall be sited to reduce future capital costs.
F.
Signage. All signage proposed for permitted uses within this district shall comply with the signage regulations of Article XXII of this chapter and the following conditions:
(1)
All graphics and signs shall be designed as
an integral part of the whole for the entire development proposed
for a given property within the district.
(2)
Billboards, freestanding pole signs, portable
ground signs and roof signs are not permitted.
(3)
A single ground identification sign or directory
sign may be constructed a minimum of 10 feet from the front lot line;
it shall not exceed eight feet in height and have up to two faces
with a maximum area of each face of 60 square feet. The combined total
face area for ground and wall-mounted signs shall not exceed 300 square
feet on a single property.
(4)
All signs visible from River Road shall be compatible
with any public signage established by the Town for the waterfront
region.
(5)
Signs shall have the minimum of information
necessary in order to avoid clutter and confusion. Whenever feasible,
signs should be combined into a single sign in order to minimize clutter.
G.
Docking facility and marina design standards shall
be governed by all applicable federal and state standards and regulations.
H.
Storage of materials.
(1)
Required service areas, required loading areas
and outdoor storage areas shall be located so as to not be visible
from public streets, public pedestrianways or public open space. Service,
loading and storage facilities should be architecturally incorporated
into the building or architecturally treated with walks, fencing and
landscaping. Where these facilities are visible from public or private
pedestrian areas or public open space, they shall be completely screened
with opaque materials.
(2)
Outside storage that is located within 150 feet of the district boundary shall not exceed eight feet in height. Elsewhere in the district, outside storage shall be limited to 12 feet in height. These height limits shall not apply to external boat storage, as allowed under Subsection H(3), below.
(3)
External boat storage of a single boat on a
cradle shall be allowed at the discretion of the Building Department.
I.
Lighting.
(1)
All lighting shall be located and designed as
an integral part of the entire project of which it is a part and shall
consider the architectural and landscape context of the site.
(2)
Lighting shall be provided for visibility, security
and as an accent to architectural and/or landscape features.
(3)
Pedestrian-scale lighting shall be provided
along major pedestrian paths and along the Niagara River edge.
(4)
Lighting fixtures shall be used that appear
and function as a compatible whole, including the designs of building-mounted
lighting.
(5)
Lighting shall be located and designed to minimize
glare and reflection on adjacent properties and shall not interfere
with the use of neighboring premises.
(6)
Lighting fixtures shall be used that direct
light downwards in order to minimize interference with roadways and
public use.
(7)
All wiring for lighting shall be installed underground.
J.
Circulation. On-site circulation shall be designed
to minimize conflicts between vehicles and pedestrians.
(1)
Common driveways and interconnection of parking
areas should be provided where practical in order to efficiently serve
adjacent related or complementary uses, to minimize the number of
road cuts and to concentrate and control turning movements onto River
Road and internal feeder roads and trail crossings.
(2)
All bike and walking paths shall be clearly
identified with striping and/or signage as necessary within parking
areas, driveway crossings and public roadway crossings.
(3)
Sidewalks or paths shall be placed parallel
to all major roadways or driveways or shall form an interconnected
network within a property or group of properties. Whenever practicable,
pathways shall be connected to the existing local or regional pathway
system.
