The Waterfront Overlay District is a supplementary zoning district
which applies to designated lands, as shown on the Zoning Map, simultaneously
with one of the other zoning districts established in this chapter,
hereinafter referred to as the "underlying" zoning district. Lands
included in the Waterfront Overlay District are characterized by uses
which are strongly oriented toward recreational experience and enjoyment
of the waterways and shorelines of the Village. It is the intent of
the Waterfront Overlay District to provide regulations in addition
to those contained in the underlying zoning district pertaining to
lands located in the resort waterfront areas of the Village. The purpose
of these regulations is to recognize the unique physical, economic,
and social attributes of resort waterfront properties and to ensure
that structures and uses in this zoning district are compatible with
and protect these unique attributes.
Land, structures and buildings in this zoning district may be
used only for those uses listed as either a permitted use or special
land use in the underlying zoning district in which the land is located.
All waterfront developments shall be designed and constructed
in conformance with the following requirements:
A. Waterfront developments shall maintain, to a reasonable extent, open
and unobstructed views to the waterfront from adjacent properties,
roadways, and pedestrian ways.
B. Waterfront developments shall be designed to provide uninterrupted
public pedestrian access to and/or along the shoreline of the property
at locations as required by the Planning Commission. The waterfront
development shall provide a duly recorded, public pedestrian access
easement to accomplish such access, and shall include construction
of improved pedestrian pathways or walkways in accordance with standards
established by the Village for such purpose.
C. When construction of the pedestrian pathways required in Subsection
B, above, would not result in a functional or useful pedestrian circulation route, because of the lack of completion of planned facilities on adjacent property(ies), the construction of such pathways may be deferred, provided that such construction shall be secured by a performance guarantee in accordance with §
390-153 of this chapter.
D. The design of waterfront developments shall take into account environmental
factors that affect the shoreline, in particular, erosion, pollution,
and protection of wildlife. Applicants shall present evidence which
demonstrates that these factors have been considered and adequately
addressed.
E. Waterfront developments shall be designed in accordance with the site plan review standards contained in Article
XVII.