A.
Purpose. The purpose of the Residential/Hamlet District is to recognize
that the crossroads community is a unique area where residential and
commercial business uses exist in harmony, providing necessary basic
services for the residences and businesses in and around the surrounding
community.
[Amended 9-17-2013 by L.L. No. 1-2013]
C.
Conditional uses requiring a special permit issued by the Planning Board (subject to special permit regulations, Article VII).[1]
[Amended 9-17-2013 by L.L. No. 1-2013]
(1)
Bed-and-breakfast.
(2)
Drive-in business.
(3)
Retail fuel outlet.
(4)
Multiple-family dwelling.
(5)
Clubs.
(6)
Home business.
(7)
Essential services.
(8)
Public and semi-public buildings and grounds.
(9)
Motor vehicle repair shop.
(10)
Accessory building used for animal housing.
(11)
Day-care center (commercial).
(12)
Farm market.
E.
Specifications:
(1)
Minimum setback requirements:
(a)
Front:[2]
[2]
Note: Front setbacks are to be measured either from the right-of-way
or measured from the center of the public roadway in existence at
the time of the application. If measured from the center of the roadway,
add 24.5 feet for Town roads, 33 feet for county highways and 33 feet
for state highways.
(b)
Side: 15 feet.
(c)
Rear: 20 feet (principal and accessory structures).
(d)
Lot width: 100 feet.
(e)
Road frontage: 100 feet.
(f)
Minimum lot size: 20,000 square feet with public sewer, or a
lot size sufficient to provide Health Department specifications for
adequate sewage/septic disposal.
(g)
Building height: 35 feet (except agricultural storage facilities).
F.
Other provisions and requirements.
(1)
Buffer strip. Commercial structures shall provide a natural buffer
strip to be perpetually maintained so as to provide visual screening
and separation between commercial and residential uses.
(2)
Refuse containers. Commercial structures shall provide a commercial-type
refuse container on site. Such containers shall be placed on concrete
or/stone areas and visually screened, and shall provide rodent control.
(3)
All accessory structures must be located at or behind the front main
foundation on the same parcel as the principal building.
(4)
One private detached garage, carport or barn for the parking of vehicles
or storage of property belonging to residents on the premises shall
be allowed. The maximum allowed ground floor footage of an accessory
building shall be determined by calculating the rate of 5% of the
lot area in square feet, excluding all rights-of-way, and shall not
exceed a total of 1,200 square feet in size.
(5)
Sheds used for the storage of personal property shall be allowed.
[Amended 9-17-2013 by L.L. No. 1-2013]
A.
Purpose. The purpose of the Residential/Agricultural District is
to protect agricultural lands and uses from incompatible uses and
development, and to promote development in areas best suited by reason
of the availability of public services.
B.
D.
Conditional uses requiring a special permit issued by the Planning Board (subject to special permit regulations, Article VII).
(1)
Home business.
(2)
Airports.
(3)
Campgrounds.
(4)
Day-care center (commercial).
(5)
Commercial wind energy systems.
(6)
Excavation and mining.
(7)
Farm labor housing lying outside a New York State certified Agricultural
District.
(8)
Kennels.
(9)
Essential services.
(10)
Bed-and-breakfast.
(11)
Mobile/manufactured home park.
(12)
Motor vehicle repair shop.
(13)
Residential wind energy systems.
(14)
Farm market.
E.
Specifications.
(1)
Areas not served by public water and/or public sewer or lots served
by public water and/or public sewer with dwellings/dwelling units
not hooked into public water and/or public sewer systems:
(2)
Areas served by public water and/or public sewer.
(b)
Additional requirements.
[1]
All dwellings/dwelling units located on a lot must be hooked
into public water and/or public sewer systems.
[2]
Minimum lot width: 140 feet.
[3]
Road frontage: 140 feet.
[4]
Maximum building height: 35 feet.
[5]
Minimum lot size: 20,000 square feet with public sewer; 28,000
square feet with private septic tank system.
[Amended 9-17-2013 by L.L. No. 1-2013]
A.
Purpose. The purpose of the Rural Residential District is to provide
a stable environment for rural residential development, free from
incompatible uses. Uses in this district are either served by public
water and/or sewer or have land densities high enough to support such
facilities if growth occurs.
D.
Conditional uses requiring a special permit issued by the Planning Board (subject to special permit regulations, Article VII).
(1)
Commercial wind energy systems.
(2)
Home business.
(3)
Motor vehicle repair shop.
(4)
Day-care centers (commercial).
(5)
Multiple-family dwellings.
(6)
Essential services.
(7)
Bed-and-breakfast.
(8)
Public and semipublic buildings and grounds.
(9)
Residential wind energy systems.
(10)
Farm market.
E.
Specifications.
(1)
Areas served by public water and/or public sewer.
(b)
Additional requirements.
[1]
All dwellings/dwelling units located on a lot must be hooked
into public water and/or public sewer systems.
[2]
Minimum lot width: 140 feet.
[3]
Road frontage: 140 feet.
[4]
Maximum building height: 35 feet.
[5]
Minimum lot size: 20,000 square feet with public sewer; 28,000
square feet with private septic tank system.
[Amended 9-17-2013 by L.L. No. 1-2013]
A.
Purpose. The purpose of the General Business District is to provide
for business establishments serving the needs of area residents, especially
retail and service businesses. Permitted uses are intended to create
a business district free from conflicting land uses.
B.
D.
Conditional uses requiring a special permit issued by the Planning Board (subject to special use regulations, Article VII).
(1)
Motels and hotels.
(2)
Motor vehicle repair shop.
(3)
Essential services.
(4)
Automobile sales/rental.
(5)
Home business.
(6)
Day-care centers (commercial).
(7)
Multiple-family dwelling.
(8)
Bed-and-breakfast.
(9)
Public and semipublic building and grounds.
(10)
Residential wind energy system.
(11)
Farm market.
E.
Other provisions and requirements.
(1)
Buffer strip. Commercial structures shall provide a natural buffer
strip to be perpetually maintained so as to provide visual screening
and separation between commercial and residential uses.
(2)
Refuse containers. Commercial structures shall provide a commercial-type
refuse container on site. Such containers shall be placed on concrete
or stone areas and visually screened, and shall provide rodent control.
(3)
Residential lot line. No commercial structure shall be permitted
within 50 feet of the nearest lot line of any residential district.
(4)
Off-street parking, loading and unloading facilities subject to the provisions of Article VI of this chapter.
(5)
One sign shall be permitted per business for each street and parking
area upon which said use fronts. Said sign shall not exceed 32 square
feet.
F.
Specifications.
A.
Purpose. The purpose of the Light Industrial District is to provide
for light manufacturing, assembly and storage-type facilities.
[Amended 9-17-2013 by L.L. No. 1-2013]
B.
Permitted uses.
[Amended 9-17-2013 by L.L. No. 1-2013]
(2)
Scientific research or experimental development of materials, methods
or products, including engineering and laboratory research.
(3)
Administrative, educational and other related activities and facilities
in conjunction with a permitted use.
(4)
Manufacture or assembly of electric, electronic or optical instruments
or devices.
(5)
Light manufacturing, assembling, fabricating or packaging of products
from previously prepared materials such as cloth, plastic, paper,
leather, precious or semiprecious metals or stone.
(6)
Manufacturing of food products, pharmaceuticals and the like, but
not including the production of fish, meat or dairy products, or fermented
foods such as sauerkraut, vinegar, or the like, the rendering of fats
and oils.
(7)
Precision machining, tool and die work.
(8)
Other uses which, in the opinion of the Zoning Board of Appeals,
are similar in nature and scale to those permitted above.
D.
Provisions and requirements.
(1)
All assembly, research, engineering, administration, storage and
other related activities shall be conducted wholly within enclosed
buildings.
(2)
At no time shall any use result in or cause dissemination of dust,
smoke, smog, observable gas, fumes, odors, radiation or other atmospheric
pollution, objectionable noise, glare or vibrations or hazard of fire
or explosive or any other physical hazard to any adjacent buildings
or to any plant growth or any land adjacent to the site.
(3)
The architectural treatment and general appearance of all buildings
and grounds shall be in keeping with the purpose of this district
and shall be of such quality and design as to be a visual asset to
the area in which they are located as well as to adjacent development.
(5)
Industrial structures shall be located so as to be a minimum of 75
feet from any nonindustrial district. A natural buffer strip shall
be placed and maintained so as to provide visual screening and separation
between industrial and nonindustrial uses.
(6)
Signs shall be permitted for advertising industrial activities on
the premises which shall not exceed, in aggregate, 5% of the area
of the front facade of the building. Such signs may be illuminated
but shall not be of the flashing type.
A.
Purpose. The purpose of the Conservation District is to protect the
unique and irreplaceable wetlands, wildlife habitats, geological formations,
lakeshores, and stream banks of the Town of Kendall.
B.
Applicability.
(1)
The Conservation District is an overlay zone designated on the Zoning
Map of the Town of Kendall. The district includes all freshwater wetlands
over 12.4 acres, and those of smaller areas which have been determined
to be of unusual local importance as defined and protected by Article
24 and Title 23 of Article 71 of the Environmental Conservation Law,
the Freshwater Wetlands Act.
(2)
The provisions of this district take precedence over any other zoning
district.
(3)
The Town of Kendall hereby adopts and incorporates by reference (unless
contrary to Town ordinances) the provisions of the Freshwater Wetlands
Act that are in effect as of the adoption date of this chapter.
A.
The purpose of the Historic District is to preserve certain areas
of historical or cultural significance in the Town of Kendall. Development
in these areas should be consistent with the architectural, cultural,
historic character of the area.
B.
Applicability. The Historic District is designated on the Zoning
Map of the Town of Kendall. The provisions of this district take precedence
over any other zoning district (except Flood Hazard and Conservation)
to the extent that the provisions of this zone are inconsistent with
such other provisions.
C.
Other provisions and requirements.
(1)
All building permits, including residential exterior alteration resulting
in an essential change in the building shall require site plan approval.
(2)
All demolition or substantial exterior alteration resulting in an
essential change in the building shall require site plan approval.
(3)
Site plan review as conducted by the Town Planning Board must demonstrate
the following additional requirements in its findings:
(a)
The building or use is consistent with the architecture and
historic significance of the area.
(b)
The building or use does not encroach, diminish or otherwise
lessen the significance of other structures of uses within the district.
(c)
The demolition permits evidence of overwhelming construction
or structural problems must be shown to preclude any reasonable effort
at rehabilitation, restoration, or preservation. Evidence must be
in the form of a written contractor's estimate.
A.
Purpose.
(1)
The purpose of the Waterfront Residential District is to recognize
the Lake Ontario shoreline and its tributaries, as a unique resource
and to control future growth in a manner which respects the environmental
limitations of the waterfront and affords maximum public enjoyment
of the area.
(2)
The Town of Kendall recognizes the changing needs of the residents
along the Lake Ontario shoreline with cottages turning into larger
year-round homes and a need for ever larger accessory structures.
Property located along the lake shall be classified as:
(a)
Lakeshore property. Property that adjoins the Lake Ontario shoreline
and is provided access by a private or Town road that runs parallel
to the shoreline.
(b)
Lakeview property. Property whose front adjoins the private
or Town road that is shared and common with lakeshore property.
(c)
Combined lakeshore and lakeview property. Lakeshore property
that is combined with lakeview property to increase the size of a
lakeshore lot. A private or Town road generally goes through the middle
of the combined lots and provides access to the property.
(3)
The Town of Kendall recognizes and wishes to preserve and protect
the unique scenic character of the Lake Ontario shoreline. The Town
of Kendall also recognizes the importance of maintaining view lines
to the lake from lakeshore residences by ensuring that future development
may not obstruct view lines.
(4)
Shoreline vistas. In order to establish the importance of maintaining
the view lines and vistas of residences with lakeshore property, the
following requirements shall be used to maintain shoreline vistas:
(a)
During a site plan review of a building permit application,
the Zoning Enforcement Officer shall determine vista site lines. A
vista site line shall be based on the setbacks of the front main foundations
of principal structures, limited to three lot widths on each side
of the new construction, and shall be used as a "shoreline three-lot-width
vista."
(b)
The placing of a principal structure, accessory structure, or
building addition closer than the setback of neighboring properties
that has the effect of reducing a three-lot-width vista site line
shall not be allowed.
(c)
Adding additions to existing primary or accessory structures
must not affect nor obstruct the existing vistas as observed from
the front main foundation of primary residence within the shoreline
three-lot-width vista.
(d)
If setbacks required to comply with the lot front setback, New
York State Coastal Erosion Hazard Area Act,[1] New York State Building Codes, or Orleans County Health
Department are met and allow a structure to be placed closer to the
shoreline than the shoreline three-lot-width vista, the shoreline
vista site line shall govern and become the minimum setback requirement.
[1]
Editor's Note: See Environmental Conservation Law § 34-0101
et seq.
(e)
If setbacks required to comply with front lot setbacks, New
York State Coastal Erosion Hazard Area Act, New York State Building
Codes or the Orleans County Health Department, require that the front
setback be placed closer to the shoreline than the neighboring front
foundations or shoreline three-lot-width vista, the mandated setbacks
shall govern the vista requirements.
D.
Conditional uses requiring a special permit issued by the Planning Board (subject to special permit regulations, Article VII).
E.
Specifications.
[Amended 9-17-2013 by L.L. No. 1-2013]
(1)
For the purpose of this section:
(a)
"Lakeshore property" shall be defined as property with:
[1]
Lot line, front: the linear distance along a lot line that adjoins
the Lake Ontario shoreline.
[2]
Lot line, rear: the lot line opposite and most distant from
the front line and adjoins a private or Town road which provides access
to the lot.
[3]
Lot line, side: Any lot line other than a front or rear lot
line.
(b)
"Lakeview property (Non-lakeshore property)" shall be defined
as property with:
[1]
Lot line, front: the linear distance along a lot line which
adjoins a private or Town road that is shared and common with lakeshore
property and provides access to the lot.
[2]
Lot line, rear: The lot line opposite and most distant from
the front lot line.
[3]
Lot line, side: Any lot line other than a front or rear lot
line.
(c)
"Combined lakeshore and lakeview property" shall be defined
as property with:
(2)
Specifications. Minimum setback requirements.
(a)
Lakeshore property (not combined with lakeview property).
[1]
Front setback from mean high water mark.
[a]
Principal structure: 60 feet, plus any setback
required to comply with the New York State Coastal Erosion Hazard
Area Act[3] with the exception of flood and erosion protection structures. See also § 265-28A(4), Shoreline.
[3]
Editor's Note: See ECL § 34-0101 et seq.
[3]
Rear setback:[4] 20 feet (principal and accessory structures) from private
or Town road.
[4]
Note: Front or roadside setbacks are to be measured either
from the right-of-way or measured from the center of the public or
private roadway in existence at the time of the application. If measured
from the center of the roadway, add one-half the width of the right-of-way
for a private road, Town road, county highway or state highway.
[4]
Minimum lot width: 100 feet.
[5]
Road frontage: 100 feet.
(b)
Lakeview property (non-lakeshore property).
[1]
Front setback (roadside):[5] 35 feet (principal and accessory structures) from private or Town road. Ninety feet from the center of a state or county road. See Subsection F(8).
[5]
Note: Front or roadside setbacks are to be measured either
from the right-of-way or measured from the center of the public or
private roadway in existence at the time of the application. If measured
from the center of the roadway, add one-half the width of the right-of-way
for a private road, Town road, county highway or state highway.
[2]
Side setback: five feet (principal and accessory structures).
[3]
Rear setback: 20 feet (principal and accessory structures).
[4]
Minimum lot width: 100 feet.
[5]
Road frontage: 100 feet.
(c)
Combined lakeshore and lakeview property.
[1]
Front setback from mean high water mark.
[a]
Principal structure: 60 feet, plus any setback
required to comply with the New York State Coastal Erosion Hazard
Area Act[6] with the exception of flood and erosion protection structures. See also § 265-29A(4), Shoreline vistas.
[6]
Editor's Note: See ECL § 34-0101 et seq.
[2]
Side setback: five feet (principal and accessory structures). If an accessory structure is located on the lakeview side: See § 265-29F(3).
[3]
Rear setback: 20 feet (principal and accessory structures) from
rear lot line.
[4]
Minimum lot width: 100 feet.
[5]
Road frontage: 100 feet.
[6]
Distance from private or Town road:[7] 20 feet (principal and accessory structures) from the
lakeshore side of the right-of-way of a private or Town road. Thirty-five
feet (principal and accessory structures) from the lake view side
of the right-of-way of a private or Town road.
[7]
Note: Front or roadside setbacks are to be measured either
from the right-of-way or measured from the center of the public or
private roadway in existence at the time of the application. If measured
from the center of the roadway, add one-half the width of the right-of-way
for a private road, Town road, county highway or state highway.
(d)
All other properties.
[1]
Minimum front setback (non-lakeshore and lakeview property):
90 feet.
[2]
Side setback (non-lakeshore and lakeview property): 25 feet.
[3]
Rear setback: 25 feet.
[4]
Minimum road frontage: 140 feet.
[5]
Maximum building height: 35 feet.
[6]
Minimum lot size: 20,000 square feet with public sewer; 28,000
square feet with septic tank system or larger if necessary to meet
Health Department specifications for adequate sewage/septic tank disposal.
F.
Other provisions and requirements.
(1)
Where applicable, the provisions of the Conservation Overlay District specified in § 265-26 shall be maintained.
(2)
Site plans for development in this district shall be designed to
preserve the scenic qualities of the shoreline and vistas.
(3)
The use of common easements and cluster development is encouraged
to maximize public access to and enjoyment of the lakeshore.
(4)
Roadways shall be planned to provide the most effective access to
individual parcels and lots and the land area devoted to roadways
should utilize the minimum land area required to provide such access.
(5)
No new roadway or an extension of an existing roadway shall be permitted
within 300 feet of Lake Ontario, except to allow for a private road
to be dedicated to the Town or where extreme need is shown or as permitted
by law.
(6)
Requirements for lakeshore property (not combined with lakeview property):
(a)
All accessory structures must be located at or behind the front
main foundation on the same parcel as the principal building. For
the purpose of this section, an attached deck is not considered an
accessory structure.
(b)
In order to allow construction-type vehicles access to the Lake
Ontario shoreline for erosion control or repair and alteration of
a structure, the following standard shall apply:
[1]
Where a lot has a width of 60 or more feet at the time of the
enactment of this section, the side yard requirements shall be modified
so that one side yard shall have a setback of not less than five feet
and the other side yard shall have a continuous setback of not less
than 12 feet. Where a lot has a width of less than 60 feet at the
time of the enactment of this chapter, the side yard requirements
shall have a setback of not less than five feet. A minimum of 10 feet
clearance must be maintained between structures located on the same
lot and between structures located on adjoining properties.
(c)
One private detached garage, carport or barn for the parking
of vehicles or storage of property belonging to residents on the premises
shall be allowed. The maximum allowed ground floor footage of an accessory
building shall be determined by calculating the rate of 5% of the
lot area in square feet, excluding all rights-of-way. The ground floor
footage shall not exceed a total of 1,200 square feet in size.
(d)
An attached private garage may provide living space on the second
floor subject to all New York State building codes. A detached garage
or other accessory building may not provide living space nor shall
be used as a dwelling.
(e)
Sheds and similar structures. Sheds, cabanas, gazebos and similar
or other accessory structures are permitted, provided that such structures
are incidental to the principal or primary residential use on the
property and are subject to the following restrictions:
[1]
Sheds, cabanas, gazebos or similar accessory structure must
be erected behind the front main foundation line of the principal
dwelling on any lot. All roadside and side setback requirements shall
be maintained.
(7)
Requirements for accessory structures added to combined lakeshore
and lakeview property.
(a)
One private detached garage, carport or barn for the parking
of vehicles or storage of property belonging to residents on the premises
sited on the lakeview side of a private or Town road shall be allowed.
The accessory structure shall:
[1]
Have the maximum ground floor footage of the accessory building
be determined by calculating the rate of 5% of the combined lot area
in square feet excluding all rights-of-way. The ground floor footage
shall be limited in size to no more than 1,200 square feet.
[2]
Not be placed closer than 35 feet to the right-of-way of the
private or Town road.
[3]
Not be placed closer to a side property line than 15 feet. For
each additional foot the height of such building exceeds 15 feet,
the offset from the rear and side property line shall be increased
by one foot. Where a lot has a width of less than 60 feet at the time
of the enactment of this chapter, the side yard requirements shall
have a setback of not less than five feet. A minimum clearance of
10 feet must be maintained between structures located on the same
lot and between structures located on adjoining properties.
[4]
Not be placed closer than 20 feet to the rear property line.
[5]
Not be placed closer to a side street center line than 55 feet
or 1/2 the width of the lot, whichever is less.
(b)
Sheds and similar structures. Sheds and similar or other accessory
structures are permitted, provided that such structures are incidental
to the principal or primary residential use on the property and subject
to the following restrictions:
[1]
Sheds, cabanas, gazebos or similar accessory structure must
be erected behind the front main foundation line of the principal
dwelling on any lot. All roadside and side setback requirements shall
be maintained.
(8)
Requirements for lakeview property (not combined with lakeshore property).
(a)
All accessory structures must be located at or behind the front
main foundation on the same parcel as the principal building. For
the purpose of this section, an attached deck is not considered a
structure.
(b)
One private detached garage, carport or barn for the parking
of vehicles or storage of property belonging to residents on the premises
shall be allowed. Maximum ground floor footage of the accessory building
will be determined by calculating the rate of 5% of the square feet
of the lot size, excluding all rights-of-way. Maximum ground floor
footage shall not exceed a total of 1,200 square feet in size.
(c)
An attached private garage may provide living space on the second
floor subject to all New York State building codes. A detached garage
or other accessory building may not provide living space nor shall
be used as a dwelling.
(d)
Sheds and similar structures. Sheds, cabanas, gazebos and similar
or other accessory structures are permitted, provided that such structures
are incidental to the principal or primary residential use on the
property and subject to the following restrictions:
[1]
All roadside setback requirements shall be maintained.
A.
Purpose.
(1)
The purpose in establishing a Waterfront Development (WD) District
is to provide for mixed residential, recreational and commercial uses
that relate directly to and complement water-dependent and water-enhanced
uses, and to accommodate the planned uses of the Town's Local
Waterfront Revitalization Program (LWRP).
(2)
The Town of Kendall recognizes the changing needs of the residents
along the Lake Ontario Shoreline with cottages turning into larger
year-round homes and a need for ever larger accessory structures.
Property located along the lake shall be classified as:
(a)
Lakeshore property. Property that adjoins the Lake Ontario shoreline
and is provided access by a private or Town road that runs parallel
to the shoreline.
(b)
Lakeview property. Property whose front adjoins the private
or Town road that is shared and common with lakeshore property.
(c)
Combined lakeshore and lakeview property. Lakeshore property
that is combined with lakeview property to increase the size of a
lakeshore lot. A private or Town road generally goes through the middle
of the combined lots and provides access to the property.
(3)
The Town of Kendall recognizes and wishes to preserve and protect
the unique scenic character of the Lake Ontario shoreline. The Town
of Kendall also recognizes the importance of maintaining view lines
to the lake from lakeshore residences by ensuring that future development
may not obstruct view lines.
(4)
Shoreline vistas. In order to establish the importance of maintaining
the view lines and vistas of residences with lakeshore property the
following requirements shall be used to maintain shoreline vistas:
(a)
During a site plan review of a building permit application,
the Zoning Enforcement Officer shall determine vista site lines. A
vista site line shall be based on the setbacks of the front main foundations
of principal structures, limited to three lot widths on each side
of the new construction, and shall be used as a shoreline three-lot-width
vista.
(b)
The placing of a principle structure, accessory structure, or
building addition closer than the setback of neighboring properties
that has the effect of reducing a three-lot-width vista site line
shall not be allowed.
(c)
Adding additions to existing primary or accessory structures
must not affect nor obstruct the existing vistas as observed from
the front main foundation of primary residence within the "shoreline
three-lot-width vista."
(d)
If setbacks, required to comply with the lot front setback,
New York State Coastal Erosion Hazard Area Act,[1] New York State Building Codes or Orleans County Health
Department are met and allow a structure to be placed closer to the
shoreline than the shoreline three-lot-width vista, the shoreline
vista site line shall govern and become the minimum setback requirement.
[1]
Editor's Note: See Environmental Conservation Law § 34-0101
et seq.
(e)
If setbacks, required to comply with the lot front setback,
New York State Coastal Erosion Hazard Area Act, New York State Building
Codes or Orleans County Health Department, require that the front
setback be placed closer to the shoreline than the neighboring front
foundations or shoreline three-lot-width vista, the mandated setbacks
shall govern the vista requirements.
B.
Permitted uses.
(1)
Uses which depend on proximity, access and/or utilization of the
water including, but not limited to, the following:
(2)
Uses which are enhanced by a waterfront location and proximity to
water-dependent uses including, but not limited to, the following:
(a)
One- and two-family dwellings.
(b)
Restaurants and eating establishments.
(c)
Tourist facilities such as rest rooms, snack bars, information
area, public cultural and recreation facilities, and places of public
assembly.
(d)
Retail and service facilities and professional offices that
are complementary to the above uses, provided that no manufacturing
or processing shall take place anywhere on the premises.
(e)
Mixed uses and facilities that are consistent with the above
uses, and which are approved by the Planning Board as being consistent
with the Local Waterfront Revitalization Program (LWRP).
D.
Conditional uses requiring a special permit issued by the Planning Board (subject to special permit regulations, Article VII).
(1)
Campgrounds.
(2)
Essential services and public utilities.
[Amended 12-15-2015 by L.L. No. 1-2015]
(3)
Multiple-family dwellings.
(4)
Bed-and-breakfast.
(5)
[2]Public and semipublic buildings and grounds, excluding
clubs whose activities include the maintenance, storage, takeoff or
landing of aircraft.
[2]
Editor’s Note: Former Subsection D(5), Charter boat
service, was repealed 8-15-2017 by L.L. No. 2-2017. This local law
also provided for the renumbering of former Subsection D(6) as Subsection
D(5).
E.
Specifications.
[Amended 9-17-2013 by L.L. No. 1-2013]
(1)
For the purpose of this section:
(a)
"Lakeshore property" shall be defined as property with:
[1]
Lot line, front: the linear distance along a lot line that adjoins
the Lake Ontario shoreline.
[2]
Lot line, rear: the lot line opposite and most distant from
the front line and adjoins a private or Town road which provides access
to the lot.
[3]
Lot line, side: any lot line other than a front or rear lot
line.
(b)
"Lakeview property (non-lakeshore property)" shall be defined
as property with:
[1]
Lot line, front: the linear distance along a lot line which
adjoins a private or Town road that is shared and common with lakeshore
property and provides access to the lot.
[2]
Lot line, rear: the lot line opposite and most distant from
the front lot line.
[3]
Lot line, side: any lot line other than a front or rear lot
line.
(c)
"Combined lakeshore and lakeview" property shall be defined
as property with:
(2)
Specifications. Minimum setback requirements (for residential buildings
only).
(a)
Lakeshore property (not combined with lakeview property).
[1]
Front setback from mean high water mark.
[a]
Principal structure: 60 feet, plus any setback
required to comply with the New York State Coastal Erosion Hazard
Area Act[3] with the exception of flood and erosion protection structures. See also § 265-29A(4), Shoreline vistas.
[3]
Editor's Note: See ECL § 34-0101 et seq.
[3]
Rear setback:[4] 20 feet (principal and accessory structures) from private
or Town road.
[4]
Note: Front or roadside setbacks are to be measured either
from the right-of-way or measured from the center of the public or
private roadway in existence at the time of the application. If measured
from the center of the roadway, add one half the width of the right-of-way
for a private road, Town road, county highway or state highway.
[4]
Minimum lot width: 100 feet.
[5]
Road frontage: 100 feet.
(b)
Lakeview property (non-lakeshore property).
[1]
Front setback (roadside):[5] 35 feet (principal and accessory structures) from private or Town road. Ninety feet from the center of a state or county road. See Subsection F(2).
[5]
Note: Front or roadside setbacks are to be measured either
from the right-of-way or measured from the center of the public or
private roadway in existence at the time of the application. If measured
from the center of the roadway, add one half the width of the right-of-way
for a private road, Town road, county highway or state highway.
[2]
Side setback: five feet (principal and accessory structures).
[3]
Rear setback: 20 feet (principal and accessory structures).
[4]
Minimum lot width: 100 feet.
[5]
Road frontage: 100 feet.
(c)
Combined lakeshore and lakeview property.
[1]
Front setback from mean high water mark.
[a]
Principal structure: 60 feet, plus any setback required to comply
with the New York State Coastal Erosion Hazard Area Act[6] with the exception of flood and erosion protection structures. See also § 265-29A(4), Shoreline vistas.
[6]
Editor’s Note: See ECL § 34-0101 et seq.
[2]
Side setback: five feet (principal and accessory structures). If an accessory structure is located on the lakeview side: See § 265-29F(3).
[3]
Rear setback: 20 feet (principal and accessory structures) from
rear lot line.
[4]
Minimum lot width: 100 feet.
[5]
Road frontage: 100 feet.
[6]
Distance from private or Town road:[7] 20 feet (principal and accessory structures) from the
lakeshore side of the right-of-way of a private or Town road. Thirty-five
feet (principal and accessory structures) from the lake view side
of the right-of-way of a private or Town road.
[7]
Note: Front or roadside setbacks are to be measured either
from the right-of-way or measured from the center of the public or
private roadway in existence at the time of the application. If measured
from the center of the roadway, add one-half the width of the right-of-way
for a private road, Town road, county highway or state highway.
(d)
All other properties.
[1]
Minimum front setback (non-lakeshore and lakeview property):
90 feet.
[2]
Side setback (non-lakeshore and lakeview property): 25 feet.
[3]
Rear setback: 25 feet.
[4]
Minimum road frontage: 140 feet.
[5]
Maximum building height: 35 feet.
[6]
Minimum lot size: 20,000 square feet with public sewer; 28,000
square feet with septic tank system or larger if necessary to meet
Health Department specifications for adequate sewage/septic tank disposal.
F.
Other provisions and requirements.
(1)
Requirements for lakeshore property (not combined with lakeview property).
(a)
All accessory structures must be located at or behind the front
main foundation on the same parcel as the principal building. For
the purpose of this section, an attached deck is not considered an
accessory structure.
(b)
In order to allow construction-type vehicles access to the Lake
Ontario shoreline for erosion control or repair and alteration of
a structure, the following standard shall apply:
[1]
Where a lot has a width of 60 or more feet at the time of the
enactment of this section, the side yard requirements shall be modified
so that one side yard shall have a setback of not less than five feet
and the other side yard shall have a continuous setback of not less
than 12 feet. Where a lot has a width of less than 60 feet at the
time of the enactment of this chapter, the side yard requirements
shall have a setback of not less than five feet. A minimum of 10 feet
clearance must be maintained between structures located on the same
lot and between structures located on adjoining properties.
(c)
One private detached garage, carport or barn for the parking
of vehicles or storage of property belonging to residents on the premises
shall be allowed. The maximum allowed ground floor footage of an accessory
building shall be determined by calculating the rate of 5% of the
lot area in square feet, excluding all rights-of-way, and shall be
limited in size to no more than 1,200 square feet.
(d)
An attached private garage may provide living space on the second
floor subject to all New York State building codes. A detached garage
or other accessory building may not provide living space nor shall
be used as a dwelling.
(e)
Sheds and similar structures. Sheds, cabanas, gazebos and similar
or other accessory structures are permitted, provided that such structures
are incidental to the principal or primary residential use on the
property and are subject to the following restrictions:
[1]
Sheds, cabanas, gazebos or similar accessory structures must
be erected behind the front main foundation line of the principal
dwelling on any lot. All roadside and side setback requirements shall
be maintained.
(2)
Requirements for accessory structures added to combined lakeshore
and lakeview property.
(a)
One private detached garage, carport or barn for the parking
of vehicles or storage of property belonging to residents on the premises
sited on the lakeshore side of a private or Town road shall be allowed.
The accessory structure shall:
[1]
Have the maximum ground floor footage of an accessory building
be determined by calculating the rate of 5% of the lakeshore side
of the lot area in square feet, excluding all rights-of-way. The ground
floor footage shall not exceed a total of 1,200 square feet in size.
(b)
One private detached garage, carport or barn for the parking
of vehicles or storage of property belonging to residents on the premises
sited on the lakeview side of a private or Town road shall be allowed.
The accessory structure shall:
[1]
Have the maximum ground floor footage of the accessory building
be determined by calculating the rate of 5% of the combined lot area
in square feet excluding all rights-of-way. The ground floor footage
shall be limited in size to no more than 1,200 square feet.
[2]
Not be placed closer than 35 feet to the right-of-way of the
private or Town road.
[3]
Not be placed closer to a side property line than 15 feet. For
each additional foot the height of such building exceeds 15 feet,
the offset from the rear and side property line shall be increased
by one foot. Where a lot has a width of less than 60 feet at the time
of the enactment of this chapter, the side yard requirements shall
have a setback of not less than five feet. A minimum clearance of
10 feet must be maintained between structures located on the same
lot and between structures located on adjoining properties.
[4]
Not be placed closer than 20 feet from the rear property line.
[5]
Not be placed closer to a side street center line than 55 feet
or half the width of the lot, whichever is less.
(c)
Sheds and similar structures. Sheds and similar or other accessory
structures are permitted, provided that such structures are incidental
to the principal or primary residential use on the property and subject
to the following restrictions:
[1]
Sheds, cabanas, gazebos or similar accessory structures must
be erected behind the front main foundation line of the principal
dwelling on any lot. All roadside and side setback requirements shall
be maintained.
(3)
Requirements for lakeview property (not combined with lakeshore property).
(a)
All accessory structures must be located at or behind the front
main foundation on the same parcel as the principal building. For
the purpose of this section, an attached deck is not considered a
structure.
(b)
One private detached garage, carport or barn for the parking
of vehicles or storage of property belonging to residents on the premises
shall be allowed. Maximum ground floor footage of the accessory building
will be determined by calculating the rate of 5% of the square feet
of the lot size excluding all rights-of-way. The ground floor footage
shall not exceed a total of 1,200 square feet in size.
(c)
An attached private garage may provide living space on the second
floor subject to all New York State building codes. A detached garage
or other accessory building may not provide living space nor shall
be used as a dwelling.
(d)
Sheds and similar structures. Sheds, cabanas, gazebos and similar
or other accessory structures are permitted, provided that such structures
are incidental to the principal or primary residential use on the
property and subject to the following restrictions:
[1]
All roadside setback requirements shall be maintained.
(4)
Conservation Overlay District. Where applicable, the provisions of the Conservation Overlay District specified in § 265-26 shall be maintained.
(5)
Site plans. Notwithstanding any other provisions of this chapter, development within the Waterfront Development (WD) District shall be prohibited except as provided for, and in accordance with Article IX, Special Permits. All applications for development within the WD District must be accompanied by a Coastal Assessment Form and a site plan indicating, in addition to the requirements of Article X, Site Plan Review, that development will not create erosion or flooding or damage or reduction of the aesthetic quality of the waterfront, and will preserve the scenic qualities and vistas of the shorelines within the adopted LWRP area. The application for a special permit to establish a use or reuse in the WD District shall be accompanied with three copies of the site plan, drawn to scale and showing property lines, the location of the proposed building or buildings, entrances and exits, parking, landscaping, signs and other improvements, and indicating the relationship to the waterfront and adjacent uses and a completed Coastal Assessment Form evaluating the plan's consistency with the Local Waterfront Revitalization Program. The site plan, as approved and/or modified by conditions, shall become part of the record.
(6)
Cluster development. The use of common easements and cluster development
shall be encouraged to maximize public access to and enjoyment of
the lakeshore.
(7)
Access. Roadways shall be planned to provide the most effective access
to individual parcels and lots and the land area devoted to roadways
should utilize the minimum land area required to provide such access.
(8)
New roadways. No new roadway or an extension of an existing roadway
shall be permitted within 300 feet of Lake Ontario, except to allow
for a private road to be dedicated to the Town or where extreme need
is shown.
(9)
Buffer strip. Commercial structures shall provide a natural buffer
strip to be perpetually maintained so as to provide visual screening
and separation between commercial and residential uses.
(10)
Refuse containers. Commercial structures shall provide a commercial
type refuse container on site. Such container shall be placed on concrete
or stone areas and visually screened, and shall provide rodent control.
(11)
Residential lot line. No commercial structure shall be permitted
within 50 feet of the nearest lot line of any resident or residential
district.
(12)
Water's edge. All permanent structures, except docks, boathouses,
and similar structures, shall be located at least 50 feet from the
water's edge.
(13)
Signs. All signs shall conform to the standards given in this chapter, § 265-31. In addition, all signs shall meet the following standard(s):
(14)
Storage of boats at a marina. Storage of boats at a marina is
allowed and boats may be dry-docked when repairs are needed. All repairs
shall be completed in a timely manner. All stored and dry-docked boats
shall be located in areas as may be imposed by the Planning Board
in accordance with the approved plans and programs for the Local Waterfront
Revitalization Program (LWRP), and as approved through special permit
and site development review procedures and shall be screened from
neighboring views as much as practical.