[Added 6-18-1987 by L.L. No. 1-1987;
amended 7-2-1987 by L.L. No. 4-1987]
A.
Statement of purpose.
(1)
The purpose
of the Environmental Protection Overlay Districts (EPOD) established
in this section is to provide special controls over land development
located in sensitive environmental areas within the Town of Webster.
These districts and the regulations associated within them are designed
to preserve and protect unique environmental features, including the
steep slopes and woodlots along Irondequoit Bay and floodplains town-wide.
They are also intended to prevent the irreversible loss of natural
resources and the loss of property values.
(2)
The regulations
contained in each Environmental Protection Overlay District (EPOD)
are not intended to be substituted for other general zoning district
provisions and should be considered as additional requirements to
be met by the applicant or developer prior to project approval. The
purpose of the overlay districts is to provide the Town with an additional
level of review and regulation that controls how land development
permitted by the Town's primary zoning districts should occur in sensitive
or unique environmental areas.
B.
General regulations.
(1)
Establishment of districts. In order to address the specific goals listed in Subsection A of this section, the Town of Webster is hereby divided into the following Environmental Protection Overlay Districts:
[Amended 8-7-2008 by L.L. No. 3-2008]
|
EPOD(1) (Reserved)[1]
|
|
EPOD(2) Steep Slopes Protection District
|
|
EPOD(3) Woodlot Protection District
|
(2)
Permit application
procedures.
(a)
EPOD Development
permit.
[1]
An EPOD
development permit shall be required subject to the provisions of
this section and prior to the commencement of any regulated activity
or the issuance of any building permit for regulated development in
a designated Environmental Protection Overlay District within the
Town of Webster.
[2]
The
following activities are exempt from the permit procedures of this
section and shall, in all cases, involve necessary normal maintenance
and upkeep of property and/or are clearly incidental to the primary
use of the property and/or involve public health, safety or emergency
situations:
[a]
Lawn
care and maintenance.
[b]
Gardening
activities and single-family residential landscaping activities.
[c]
Tree
and shrub care and maintenance.
[d]
Removal
of dead or deteriorating vegetation.
[e]
Removal
of structures.
[f]
Removal
of trees in woodlots that are not also designated steep slopes for
firewood for personal use and removal of trees for landscape activities
in connection with property used for residential purposes, provided
that such removal does not violate the provisions of this Code relating
to drainage and/or erosion control.
[g]
Repair
and maintenance of structures.
[h]
Repair
and maintenance of faulty or deteriorating sewage facilities or utility
lines.
[i]
Agricultural
activities, except woodlot management activities.
[j]
Public
health activities, orders and regulations of the New York State Department
of Health, Monroe County Department of Health or other agency, undertaken
in compliance with § 24-0701, Subdivision 5, of the New
York State Environmental Conservation Law.
[k]
Activities subject to the review jurisdiction of the New York State Public Service Commission or the New York State Board on Electric Generation Siting and the Environment, under the provisions of Article VII of the New York State Public Service Law, respectively.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[l]
Any
actual or ongoing emergency activity which is immediately necessary
for the protection and preservation of life, property or natural resource
values.
(b)
Application
for permit.
[1]
Applications
for EPOD development permits shall be made, in writing, to the Commissioner
of Public Works or his/her division head, agent or designee or the
Town Planning Board on the forms available in the Town Department
of Public Works. Such an application shall be made by the property
owner or his/her agent and shall be accompanied by any materials or
information deemed appropriate by the Town Engineer, including but
not limited to a scaled site plan prepared and certified by a licensed
engineer or land surveyor that contains the following minimum information:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[a]
A
location plan and boundary line survey of the property.
[b]
The
identification of all Environmental Protection Overlay District boundaries;
designated Town open space; Town, county or state parkland; or other
similar areas within and/or contiguous to the property as defined
by this section.
[c]
The
location of all existing and proposed buildings, structures, utility
lines, sewers, water and storm drains and septic systems on the property.
[d]
The
location of all existing and proposed impervious surfaces, such as
driveways, sidewalks, etc., on the property.
[e]
Existing
and proposed contour levels at five-foot intervals for the property.
[f]
The
location and types of all existing and proposed vegetation and shrub
masses within and/or contiguous to the property.
[g]
The
location of all existing and proposed drainage patterns, drainageways,
swales, etc., within and/or contiguous to the property.
[h]
The Town Planning Board shall determine at the sketch plan conference, as described in § 269-5 of this Code, the information which shall be required of the applicant for property within 200 feet of the proposed work site and shall specify the level of detailed information to be provided on site vegetation and trees with a diameter greater than six inches.
[i]
A
description of soil type on the site as available in the Monroe County
Soils Survey.
[2]
Each
application for an EPOD development permit to be reviewed by the Planning
Board shall be accompanied by an application fee in an amount as set
by the Town Board by resolution. Each application for an EPOD development
permit to be reviewed by the Commissioner of Public Works or his/her
division head, agent or designee shall be accompanied by an application
fee in an amount as set by the Town Board by resolution. These fees
shall be in addition to any other fees required for the development
under the Town Zoning Ordinance and/or Municipal Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
Permit
review.
[2]
The
Town Planning Board shall also review all applications requiring subdivision
approval from the Town Planning Board. A public hearing shall also
be required for such applications in accordance with the Subdivision
Ordinance of the Town of Webster.[2] The Commissioner of Public Works or his/her division head,
agent or designee shall review all other applications.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[3]
All
applications shall be referred to the Town Conservation Board by the
Commissioner of Public Works or his/her division head, agent or designee
for its review and recommendation. The Town Conservation Board shall
have 30 days from the date of its receipt of a completed application
in which to review such application and report its recommendations
to the Commissioner of Public Works or his/her division head, agent
or designee. Should the Town Conservation Board fail to report or
make a recommendation to the Commissioner of Public Works or his/her
division head, agent or designee or to the Planning Board regarding
applications within the thirty-day time period, the Commissioner of
Public Works or his/her division head, agent or designee or the Planning
Board may take action on the permit application without such report.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[4]
The
Commissioner of Public Works or his/her division head, agent or designee
or the Town Planning Board shall have the authority to grant or deny
an EPOD development permit subject to the standards, criteria and
other regulations contained in this section. The Commissioner of Public
Works or his/her division head, agent or designee shall notify the
applicant of his/her decision within five days of receipt of the recommendation
of the Conservation Board. Any denial shall be issued in writing and
shall include a statement of the reasons for denial. The Commissioner
of Public Works or his/her division head, agent or designee or the
Town Planning Board shall consider the comments of the Town Conservation
Board and may also request a report from the Town Engineer or other
appropriate department or agency in acting on such permit application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[5]
Any
permit denial issued by either the Commissioner of Public Works or
his/her division head, agent or designee or the Town Planning Board
shall be accompanied by a written statement enumerating the reasons
for denial within 10 days of the action.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[6]
Appeals
from decisions of the Commissioner of Public Works or his/her division
head, agent or designee or the Town Planning Board regarding the granting
or denying of any EPOD development permit or the conditions for approval
of such a permit shall be made to the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[7]
Any
development permit issued by the Commissioner of Public Works or his/her
division head, agent or designee or the Town Planning Board in accordance
with the provisions of this section may be issued with conditions.
Such conditions may be imposed as are deemed necessary by the Commissioner
of Public Works or the Board to ensure the preservation and protection
of environmentally sensitive areas and to ensure compliance with the
policies and provisions of this section. Every permit issued pursuant
to this section shall contain the following conditions:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[a]
The
Town Building Inspector, Town Engineer and/or other appropriate Town
official shall have the right to inspect the project from time to
time.
[b]
The
permit shall expire on a particular date.
[c]
The
permit holder shall notify the Town Building Inspector or other appropriate
Town official of the date on which project construction is to begin
at least five days in advance of such date.
[Amended 3-7-1991 by L.L.
No. 1-1991]
[d]
The
EPOD development permit shall be prominently displayed at the project
site during the undertaking of the activities authorized by the permit.
(3)
Requirement
for letter of credit. At the time of approval of an application for
an EPOD development permit and prior to the issuance of any building
or other Town permit for projects requiring site plan approval or
subdivision approval from the Town Planning Board, the Town Planning
Board may require a letter of credit, if recommended by the Town Engineer,
to protect the public interest and/or adjoining landowners. If so
required, the applicant shall furnish the Town Building Inspector
with an irrevocable letter of credit or performance bond, in an amount
to be established by the Town Engineer, which shall be sufficient
to cover the anticipated costs of compliance with the various specifications
and conditions of the development permit. The purpose of the letter
of credit shall be to ensure that all items, activities or structures
specified in the plans approved by the Town Planning Board are constructed
or carried out in accordance with such specifications and conditions
related to such approved plans and to fulfill any and other appropriate
requirements of the Town of Webster. The irrevocable letter of credit
or performance bond shall continue in full force and effect until
such time as the Building Inspector has certified, in writing, to
the Town Planning Board that, based upon an inspection of the site,
all specifications, requirements and permit conditions have been completed
and/or complied with, whereupon the letter of credit shall be released
to the applicant. The Town Building Inspector, upon the recommendation
of the Town Engineer, Town Planning Board or other appropriate department
or official, may draw upon the letter of credit in any amount necessary
to cover the cost of noncompliance with any requirements, specifications
or permit conditions and/or to release the Town from any liability
resulting from such noncompliance.
[Amended 3-7-1991 by L.L. No. 1-1991]
(4)
Suspension
or revocation of permits. The Town Building Inspector shall be empowered
to temporarily suspend a permit until such time as the Planning Board
reviews the suspension. The Town Planning Board, upon recommendation
of the Town Building Inspector or other appropriate Town official
and subject to a majority vote of its members, may suspend or revoke
a development permit issued in accordance with the provisions of this
section where it has determined that the applicant has not complied
with any or all terms or conditions of such permit, has exceeded the
activity authorized in the permit or has failed to undertake the project
in the manner set forth in the permit application. The Town Planning
Board shall set forth, in writing, its findings and the grounds for
revoking or suspending a permit issued pursuant to this section and
shall forward a copy of said findings to the applicant.
[Amended 3-7-1991 by L.L. No. 1-1991]
D.
EPOD(2) Steep
Slopes Protection District.
(1)
Purpose. The
purpose of the Steep Slopes Protection District is to minimize the
impacts of development activities on steep slopes around Irondequoit
Bay in the Town of Webster by regulating activities in such areas
and by requiring review and permit approval prior to project commencement.
The potential developmental impacts within the Steep Slopes Protection
District include soil erosion and sedimentation, destruction of vegetation,
increased runoff rates and slope failure. The regulations contained
in this district are designed to minimize the disturbance or removal
of existing vegetation, prevent increased erosion and runoff, maintain
established drainage systems, locate development where it is less
likely to cause future slope failures and retain as much as possible
the natural character of these areas.
(2)
Delineation
of district boundaries.
(a)
The Steep
Slopes Protection District shall be delineated on the Official Town
of Webster EPOD Maps and shall include all areas with a fifteen-percent
or greater slope and which are located within that sector of the Town
described on the Boundary Map attached as Appendix I. The Commissioner
of Public Works or his/her division head, agent or designee, and/or
the Town Engineer may consult other information, including but not
limited to soil survey reports prepared by the Natural Resources Conservation
Service, topographic maps provided by the United States Geological
Survey, field surveys and other appropriate sources, in order to more
accurately locate and delineate Steep Slopes Protection District boundaries
within said defined sector of the Town.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
The following
additional areas shall also be considered to be included within the
definition of a "steep slope":
[1]
A transition
zone at the top of the slope, defined as that area containing soil
classes, as defined in the Monroe County Soil Survey, with moderate
to severe limitations for development and recreational use as determined
in a site-specific high-intensity soil survey.
(3)
Interpretation
of district boundaries.
(a)
The Commissioner of Public Works or his/her division head, agent or designee, subject to the provisions of this Code, shall be responsible for interpreting Environmental Protection Overlay District boundaries based on an interpretation of the Official Town of Webster EPOD Maps as well as the use of various criteria set forth in this section for determining such district boundaries. The Commissioner of Public Works or his/her division head, agent or designee may request the assistance of the Town Engineer or other appropriate department or agency in making such a determination. Reviews of a determination of the Commissioner of Public Works or his/her division head, agent or designee regarding boundaries of overlay districts shall be made, at the applicant's request, by the Town Planning Board in accordance with the public hearing procedures of § 269-8A of this Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
Where Environmental
Protection Districts overlay any primary zoning district delineated
on the Official Zoning Map of the Town of Webster, the requirements
of the overlay district shall be met in addition to any requirements
specified for development in the respective primary zoning district.
(4)
Regulated
activities. No person shall conduct any of the following activities
within any Steep Slopes Protection District in the Town of Webster
unless such person has first applied for and obtained an EPOD development
permit pursuant to the requirements of this section.
(a)
Construction
of new buildings or structures or additions to or modifications of
existing buildings or structures.
(b)
Clearing of or constructing on any land area within the district, except for those activities exempted from the permit requirements of this section as indicated in Subsection B(2)(a).
(c)
The construction
or placement of any sewage disposal system, including individual sewage
disposal systems.
(d)
Filling,
cutting or excavating operations.
(e)
Discharge
of stormwater and/or construction and placement of stormwater runoff
system.
(5)
Development
standards/permit conditions.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
In granting,
denying or conditionally approving any application for an EPOD development
permit, the Town Planning Board or Commissioner of Public Works or
his/her division head, agent or designee shall consider the effect
that the proposed regulated activity will have on the public health,
safety and welfare and the protection or enhancement of the fragile
and environmentally sensitive steep slope areas within the Town. The
Commissioner of Public Works or his/her division head, agent or designee
or the Planning Board may request that the applicant provide an intensive
soils survey.
(b)
The Planning
Board or the Commissioner of Public Works or his/her division head,
agent or designee will consider the following standards in reaching
a decision:
[1]
That
the stable angle of repose of the soil classes found on the site has
been used to determine the proper placement of structures and other
development-related facilities within the plateau area. Site-specific
calculations of the stable angle of repose for the site are to be
determined by a professional soil scientist or engineer using the
soil classes and nomenclature contained in the Monroe County soil
surveys and obtained for the site by borings as welt as high-intensity
soil survey data provided by the applicant.
[2]
That
the stability of soils will be maintained or increased to adequately
support any construction thereon or to support any landscaping, agricultural
or related activities. This shall be documented by soil bearing data
provided by a qualified testing laboratory or engineer at the expense
of the developer.
[3]
That
no proposed activity will cause uncontrolled erosion or slipping of
soil or cause sediment to be discharged into Irondequoit Bay or its
wetlands or tributaries.
[4]
That
discharge of stormwater shall be controlled so as not to cause or
increase erosion and sedimentation problems downstream or to cause
any damage to or flooding of any facilities or property.
[5]
That
plant life located on the slopes outside of the minimum area that
needs to be disturbed for carrying on approved activities shall not
be destroyed. Plants or other acceptable ground cover shall be reestablished
in disturbed areas immediately upon completion of development activity
so as to prevent any of the harmful effects set forth above, to maintain
the natural scenic characteristics of the Irondequoit Bay or other
scenic areas.
[6]
That
access down slopes shall be provided with ramp slopes no greater than
1:6 and side slopes no greater than 1:3 if not terraced or otherwise
structurally stabilized. Disturbed nonroadway areas shall be stabilized
with vegetation or other approved physical means. Completed roadways
shall be stabilized and adequately drained.
[7]
That
construction of erosion-protection structures, particularly along
the water side of eroding bluffs, shall be permitted to provide protection
of bluff features according to the following standards:
[a]
All
erosion-protection structures shall be designed and constructed according
to generally accepted engineering principles which have demonstrated
success or a likelihood of success in controlling long-term erosion.
Such engineering principles are contained in publications of the United
States Natural Resources Conservation Service. The protective measures
proposed must have a reasonable probability of controlling erosion
on the immediate site for at least 30 years.
[b]
A
long-term maintenance program shall be included in any application
for construction, modification or restoration of an erosion-protection
structure. Such programs shall include specifications for normal maintenance
of degradable materials and the periodic replacement of removable
materials.
[c]
All
material used in such structures shall be durable and capable of withstanding
inundation, wave impacts, weathering and other effects of storm conditions.
Individual component materials may have a working life of less than
30 years only when a maintenance program ensures that they will be
regularly maintained and replaced as necessary to attain the required
30 years of erosion protection.
[d]
The
construction, modification or restoration of erosion-protection structures
shall not be likely to cause any measurable increase in erosion at
the development site or other locations and prevent adverse effects
to natural protective features, existing erosion-protection structures
and natural resources such as significant fish and wildlife habitats.
[8]
Drainage
of stormwater shall not cause erosion or siltation, contribute to
slope failures, pollute groundwater or cause damage to or flooding
of property. Drainage systems shall be designed and located to ensure
slope stability.
[9]
Any
grading, excavating or other soil disturbance conducted on a steep
slope shall not direct surface water runoff over the receding edge
of the slope during construction.
E.
EPOD(3) Woodlot
Protection District.
(1)
Purpose. The
purpose of the Woodlot Protection District is to preserve and protect
woodlots located along Irondequoit Bay in the Town of Webster by regulating
or controlling development in those areas and by requiring review
and permit approval prior to project commencement.
(2)
Delineation
of district boundaries. The Woodlot Protection District shall be delineated
on the Official Town of Webster EPOD Maps and shall include those
areas in the Town of Webster of five or more contiguous acres of woodlands
with a minimum of 350 trees of commercial value and six inches in
width at four feet in height which fall within the sector of the Town
illustrated on the Boundary Map attached as Exhibit I. Areas that
involve active orchards and single-family residential lots which are
not in a Steep Slopes EPOD and which are not subject to further subdivision
under the general zoning district provisions of the Town Code shall
not be included in the Woodlot Protection District.
(3)
Interpretation
of district boundaries.
(a)
The Commissioner of Public Works or his/her division head, agent or designee, subject to the provisions of this Code, shall be responsible for interpreting Environmental Protection Overlay District boundaries based on an interpretation of the Official Town of Webster EPOD Maps as well as the use of various criteria set forth in this section for determining such district boundaries. The Commissioner of Public Works or his/her division head, agent or designee may request the assistance of the Town Engineer or other appropriate department or agency in making such a determination. Reviews of a determination of the Commissioner of Public Works or his/her division head, agent or designee regarding boundaries of overlay districts shall be made, at the applicant's request, by the Town Planning Board in accordance with the public hearing procedures of § 269-8A of this Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
Where Environmental
Protection Districts overlay any primary zoning district delineated
on the Official Zoning Map of the Town of Webster, the requirements
of the overlay district shall be met in addition to any requirements
specified for development in the respective primary zoning district.
(4)
Regulated
activities. No person shall conduct any of the following activities
within any Woodlot Protection District in the Town of Webster unless
such person has first applied for and obtained an EPOD development
permit pursuant to the requirements of this section:
(6)
Development
standards/permit conditions.
(a)
In granting,
denying or conditionally approving any application for an EPOD development
permit, the Commissioner of Public Works or his/her division head
or agent or designee or the Town Planning Board shall consider the
effect of the proposed regulated activity upon the public health,
safety and welfare and the protection and enhancement of the woodland
areas within the Woodlot EPOD.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
in planning
development sites, applicants shall preserve as much mature vegetation
as possible. Use of clustering of buildings to avoid mature wooded
areas is encouraged, as well as planting of replacement vegetation
to mitigate the unavoidable uses of woodlots.
(c)
The Planning
Board or the Commissioner of Public Works or his/her division head
or agent or designee will consider the following standards in reaching
a decision:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(7)
Other standards/conditions.
(a)
Any activity
within a woodlot area involving the cutting of trees with the intent
to manage the woodlot or harvest timber for commercial use shall be
subject to an EPOD(3) development permit. Applications involving woodlot
management activities, except those management activities occurring
on actively farmed lands, shall be initially submitted by the applicant
to the New York State Department of Environmental Conservation for
review and issuance of an advisory opinion. Applicants for such activity
must submit a management plan prepared by a qualified consulting forester
or a forest management recommendation prepared by a New York State
Department of Environmental Conservation forester, which shall include
the following information:
[1]
A site
plan with maps, tables and text showing the boundaries and size of
the woodlot.
[2]
The
types and sizes of trees present and the basal area (density of trees
calculated per acre by trunk size) of the site before and after the
proposed management activity.
[3]
The
actions proposed to produce and harvest the forest crop.
[4]
The
schedule for a commercial harvest.
[5]
Any
noncommercial thinning of the woodlot.
[6]
Proposed
road construction.
[7]
Proposed
erosion and sedimentation control measures, including revegetation
and timing, designed in accordance with Woodlands of the Northeast,
Erosion and Sediment Control Guidelines, prepared by the United States
Department of Agriculture, 1977.
(b)
Timber
sale contracts shall be required and shall conform to the following:
[1]
The
posting of a bond to pay for completion of remedial measures upon
failure of the applicant to meet the specification of the plan, in
an amount necessary to complete the anticipated work.
[2]
The
recording of timber sale contracts (dollar amount deleted) with the
Town Clerk of the municipality in which the work will be occurring.
(c)
The following
specific practices shall be used to minimize soil erosion and sedimentation
during woodlot management activities:
[1]
No skidding
shall take place during wet months.
[2]
Stream
crossing shall be kept to a minimum.
[3]
Stream
banks shall be protected by controlling skidding and felling close
to the stream.
[4]
Slopes
exceeding 15% shall require additional protection measures.
[5]
All
roads and skid trails shall be reviewed for appropriate location,
design and construction.
[6]
Landing
locations that avoid erosion problems shall be selected.
[7]
Applications
for woodlot management shall comply with all applicable New York State
and local fire laws.
[8]
When
woodlot management techniques are employed along major travel corridors
or the bay shoreline in locations that aren't screened by a hill,
high bank or other topography, the applicant shall maintain in its
natural vegetative state a buffer strip along the roadway or bayshore
in which a basal area of 60 square feet of stems six inches in diameter
at breast height and larger is maintained.
[9]
Whenever
possible, landings shall be kept out of sight. Landings and access
roads shall be restored after use.
The following shall apply in the R-1 District:
A.
Permitted uses
shall be as follows:
(1)
Single-family
detached dwellings.
(2)
Religious
uses.
(3)
Fire stations
and emergency medical services.
[Amended 5-1-2014 by L.L.
No. 4-2014]
(4)
Public parks
not conducted for profit and public playgrounds not conducted for
profit, including field houses.
(5)
Public and
parochial schools.
(6)
Agricultural
uses.
(7)
Accessory
uses.
(8)
Communications
towers upon the issuance of a special use permit by the Town Board.
[Added 12-21-1996 by L.L. No. 8-1996]
(9)
Bed-and-breakfasts
upon the issuance of a special use permit by the Planning Board.
[Added 8-2-2001 by L.L. No. 5-2001]
B.
Dimensional regulations
shall be as follows:
The following shall apply in the R-2 District:
A.
Permitted uses
shall be as follows:
(1)
Single-family
detached dwellings.
(2)
Religious
uses.
(3)
Fire stations
and emergency medical services.
[Amended 5-1-2014 by L.L.
No. 4-2014]
(4)
Public parks
or public playgrounds not conducted for profit, including field houses.
(5)
Public schools,
parochial schools and nursery schools operated by nonprofit corporations
under the education laws of the State of New York as they apply to
elementary or high schools.
(6)
Agricultural
uses.
(7)
Accessory
uses.
(8)
Communications
towers upon the issuance of a special use permit by the Town Board.
[Added 12-21-1996 by L.L. No. 8-1996]
(9)
Bed-and-breakfasts
upon the issuance of a special use permit by the Planning Board.
[Added 8-2-2001 by L.L. No. 5-2001]
B.
Dimensional regulations
shall be as follows:
The following shall apply in the R-3 District:
A.
Permitted uses
shall be as follows
[Amended 8-24-1972]:
(1)
Single-family
detached dwellings.
(2)
Religious
uses.
(3)
Fire stations
and emergency medical services.
[Amended 5-1-2014 by L.L.
No. 4-2014]
(4)
Public parks
or public playgrounds not conducted for profit, including field houses.
(5)
Public, parochial
and nursery schools.
(7)
Accessory
uses.
(8)
Communications
towers upon the issuance of a special use permit by the Town Board.
[Added 12-21-1996 by L.L. No. 8-1996]
(9)
Bed-and-breakfasts
upon the issuance of a special use permit by the Planning Board.
[Added 8-2-2001 by L.L. No. 5-2001]
B.
Dimensional regulations
shall be as follows:
The intent of this district will be to encourage
large-lot residential development in areas where conditions of the
environment, availability of utilities and surrounding land use patterns
dictate that residential densities and the amount of land covered
by impervious surface remain low. The following shall apply in the
LL District:
A.
Permitted uses
shall be as follows:
(1)
Single-family
detached dwellings.
(2)
Religious
uses.
(3)
Fire stations
and emergency medical services.
[Amended 5-1-2014 by L.L.
No. 4-2014]
(4)
Public parks
or public playgrounds not conducted for profit, including field houses.
(5)
Public schools,
parochial schools and nursery schools operated by nonprofit corporations
under the education laws of the State of New York as they apply to
elementary or high schools.
(6)
Agricultural
uses.
(7)
Accessory
uses.
(8)
Communications
towers upon the issuance of a special use permit by the Town Board.
(9)
Bed-and-breakfasts
upon the issuance of a special use permit by the Planning Board.
[1]
Editor's Note: This ordinance also repealed
former § 225-12, R-A Mixed Residential District.
[Added 6-17-1993[1]]
The intent in creating this district is to accommodate
existing residential uses and satisfy the need for diverse housing
in the community. The following shall apply in the MHR District:
A.
Permitted uses:
(1)
Single-family
detached and semidetached dwellings.
(2)
Two-family
dwellings.
(3)
Multiple-family
dwellings.
(4)
Townhouses.
(5)
Communications
towers upon the issuance of a special use permit by the Town Board.
[Added 12-21-1996 by L.L. No. 8-1996]
(6)
Garden homes.
[Added 9-5-2013 by L.L. No. 5-2013]
(7)
Emergency
medical services.
[Added 5-1-2014 by L.L.
No. 4-2014]
B.
Dimensional regulations:
(1)
(2)
(3)
Multiple-family
dwellings:
(a)
Minimum
buffer area: 50 feet, except where such multiple-family dwelling abuts
a single-family district, and in such case it shall be 100 feet.
(b)
Maximum
building heights: three stories measured at the front elevation.
(c)
Five-acre
minimum lot size.
(d)
Maximum building length: 165 feet, except where the applicant provides paved accessibility to all sides of the building, then the maximum building length may be increased to 250 feet. The accessibility may be provided by parking areas or fire lanes. Fire lanes must be clearly marked in accordance with § 165-12A and be a minimum width of 25 feet. Fire service access roads (fire lanes) shall be constructed, maintained and kept clear in accordance with Chapter F503 of the Fire Code of New York State.
[Amended 6-17-2010 by L.L. No. 5-2010]
(e)
The maximum
density shall be eight units per acre.
(f)
The minimum
distance between the closest points of any two structures shall be
40 feet.
(g)
Minimum
setback, front: 75 feet.
(4)
Townhouses:
(a)
Minimum
buffer area: 50 feet, except where such multiple-family dwelling abuts
a single-family district, and in such case it shall be 100 feet.
(b)
Minimum
width of dwelling unit: 20 feet.
(c)
Five-acre
minimum lot size.
(d)
Maximum
building height: 30 feet.
(e)
Maximum
building length: 165 feet.
(f)
Minimum
habitable floor area: 1,000 square feet per dwelling unit.
(g)
The maximum
density shall be eight units per acre.
(h)
The minimum
distance between the closest points of any two structures shall be
40 feet.
(i)
Driveway: five feet, except
in the case of a flag lot or a common driveway.
[Added 9-3-2009 by L.L. No. 2-2009]
(5)
Garden homes:
[Added 9-5-2013 by L.L. No. 5-2013]
(a)
Minimum buffer area: 50
feet, except where such development abuts a single-family district,
and in such case it shall be 100 feet.
(b)
Minimum width of dwelling
unit: 20 feet.
(c)
Ten-acre minimum lot size.
(d)
Maximum building height:
30 feet.
(e)
Maximum building group
length will be 165 feet for groups up to three units and 190 feet
for groups of up to four units. This will be measured from the outside
wall to outside wall of units at the end of the group.
(f)
Minimum habitable floor
area: 1,000 square feet per dwelling unit.
(g)
The maximum density shall
be eight units per acre.
(h)
The minimum separation
between the closest points of any two structures within the group
shall be six feet.
(i)
The minimum separation
between groups shall be 30 feet.
(j)
The minimum front setback
shall be 30 feet from a dedicated road or 35 feet from the center
line of a private drive.
C.
The total impervious
area of the district area may not exceed 75%.
[1]
Editor's Note: This ordinance also repealed
former § 225-13, R-B Multiple-Family Residential District.
[Added 6-17-1993[1]]
The intent in creating this district is to provide
developmental direction for a segment of land that is adjacent to
an R-1, R-2 or R-3 Single-Family Residential District or otherwise
sensitive area. This district, although similar to MHR, allows for
a better transitional zone by further limiting density and structure
dimensions as well as increasing buffers. If reasonably possible,
naturally occurring aesthetic buffers should be maintained, together
with the addition of aesthetic buffers such as plantings and berms.
The following shall apply in the LMR District:
A.
Permitted uses
shall include a combination of two or more of the following:
B.
Dimensional regulations:
(1)
(2)
(3)
[3]Townhouses:
(a)
Minimum
buffer area: 50 feet, except where such dwelling abuts a single-family
residential district, and in such case it shall be 150 feet.
(b)
Minimum
width of dwelling unit: 20 feet.
(c)
Five-acre
minimum lot size.
(d)
Maximum
building height: 30 feet.
(e)
Maximum
building length: 165 feet.
(f)
Minimum
habitable floor area: 1,000 square feet per dwelling unit.
(g)
The maximum
density shall be six units per acre.
(h)
The minimum
distance between the closest points of any two structures shall be
40 feet.
(i)
Driveway: five feet, except
in the case of a flag lot or a common driveway.
[Added 9-3-2009 by L.L. No. 2-2009]
[3]
Editor's Note: Former Subsection B(3), multiple-family dwellings,
as amended, was repealed 1-7-2010 by L.L. No. 1-2010. This local law
also redesignated former Subsection A(4) as Subsection A(3).
C.
The total impervious
area of the district area may not exceed 75%.
[1]
Editor's Note: This ordinance also repealed
former § 225-14, R-C Multiple-Family Residential District.
[Added 6-17-1993[1]]
The intent in creating this district is to encourage
the location of smaller-scale business establishments in this district.
Typical low-intensity commercial uses offer administrative and professional
services, personal services and retail shopping, which have minimal
detrimental impact on adjacent uses. Such uses are located primarily
in single-purpose buildings or multi-use buildings of less than 5,000
square feet. These uses are also characterized by low vehicular traffic
generation, limited nighttime operation and heavy pedestrian traffic.
A limited range of low-intensity commercial uses are also appropriate
for lots which cannot meet standards for conversion to commercial
use in medium-intensity commercial areas. Such lots would be required
to maximize compliance with landscaping, parking and setback requirements
of this district and limit the scale of operation and the number of
employees. The following shall apply in the LC-I District:
A.
Permitted uses
shall include and be illustrated as follows:
(1)
Accountant
office.
(2)
Antique and
secondhand store.
(3)
Appliance
repair and rental store.
(4)
Architectural
office.
(5)
Art supplies.
(6)
Arts and
crafts studio.
(7)
Attorney
office.
(8)
Bakery.
(9)
Barbershop,
beauty shop.
(10)
Bookstore.
(11)
Contractor's
office, no accessory or outside storage.
(12)
Candy store.
(13)
Catering
establishment.
(14)
Clothing
and dry good store.
(15)
Commercial
art gallery.
(16)
Dressmaker/tailor.
(17)
Dry cleaner.
(18)
Florist.
(19)
Hardware,
paint and wallpaper store.
(20)
Insurance
agency.
(21)
Jewelry,
leather goods and luggage stores.
(22)
Laundromat.
(23)
Liquor
store.
(24)
Locksmith.
(25)
Management
consultant office.
(26)
Manufacturer's
agent office.
(27)
Music store.
(28)
Musical
instrument repair shop.
(29)
Collateral
loan broker.
(30)
Photographer
studio.
(31)
Photographic
equipment store.
(32)
Real estate
office.
(33)
Restaurant-cafe.
(34)
Retail
print shop.
(35)
Shoe repair
shop.
(36)
Sign-painting
facility.
(37)
Sporting
good store.
(38)
Taxidermy
shop.
(39)
Tobacco
store.
(40)
Toy store.
(41)
Travel
agency.
(42)
Upholstery
shop.
(43)
Parcel
pickup/dropoff.
(44)
Video tape
store.
(45)
Watch repair
shop.
(47)
Other similar
uses which are not permitted in any other commercial district upon
a finding by the Planning Board that such uses are of the same general
character as those permitted in the district and that such uses will
not be detrimental to the other uses within the district or to the
adjoining land uses.
B.
C.
District buffer
area: The minimum district buffer area to any residential district
shall be 50 feet. Upon a finding of the Planning Board that additional
buffering is desirable because of the variation in levels of intensity
of use between the districts, the buffer may be increased to 100 feet.
[Amended 2-18-2010 by L.L. No. 3-2010]
[1]
Editor's Note: This ordinance also repealed
former § 225-15, R-O Multiple-Family Business Office District,
as amended.
[Added 6-17-1993;[1] amended 12-21-1996 by L.L. No. 8-1996; 9-3-2009 by L.L. No.
2-2009; 2-18-2010 by L.L. No. 3-2010; 10-7-2010 by L.L. No.
9-2010]
The intent in creating this district is to accommodate
existing residential uses. Appropriate uses in this category include
existing attached and detached single-family dwellings and multiple-family
dwellings. New commercial development shall employ architectural styling
and detail that is consistent with the residential nature of the surrounding
area. New residential development with access from Ridge Road should
be discouraged. However, conversion of existing residential structures
to more-intensive residential uses is appropriate for lots which do
not meet standards for conversion to commercial use. Multiple-family
dwellings are also appropriate in conjunction with a limited range
of first-floor commercial uses on lots which do not meet development
standards for low- or medium-intensity commercial uses. The following
shall apply in the LC-II District:
A.
Permitted uses
shall include and be illustrated as follows:
[Amended 3-3-2016 by L.L. No. 1-2016]
(1)
All those permitted in the
LC-I Neighborhood Commercial District.
(2)
Bank, credit union.
(3)
Restaurants, take-out, excepting
those with drive-through facilities.
(4)
Communications towers.
(5)
"Mini storage" or self-storage
facility or facilities.
(6)
Other similar uses which
are not permitted in any other commercial district upon a finding
by the Planning Board that such uses are of the same general character
as those permitted in the district and that such uses will not be
detrimental to the other uses within the district or to the adjoining
land uses.
(7)
Uses requiring a special use permit by the Town Board, pursuant to Chapter 269, shall be as follows:
B.
C.
District buffer
area: The minimum district buffer area to any residential district
shall be 50 feet. Upon a finding of the Planning Board that additional
buffering is desirable because of the variation in levels of intensity
of use between the district, the buffer may be increased to 100 feet.
[1]
Editor's Note: This ordinance also repealed
former § 225-16, R-R Residential Recreation District.
[Added 6-17-1993 [1]]
The intent in creating this district is to provide
a choice of business locations for commercial uses furnishing a wide
range of goods and services to individuals and other businesses. Such
establishments should be scaled to meet Town-wide needs. Such uses
are located primarily in single-purpose buildings or small shopping
plazas. Medium-intensity uses should be allowed only on parcels with
adequate size to provide landscaped open space, parking and building
setbacks. Conversion of residential buildings to medium-intensity
commercial use should not be allowed on undersized lots. The Town
intends to encourage owners of small parcels to work together to provide
shared access and adequate parking and landscaping. If a landowner
cannot combine parcels or work with adjacent property owners to provide
landscaped open space and shared parking and access, such lots will
be considered for a limited range of low-intensity commercial uses.
The following shall apply in the MC District:
A.
Permitted uses
shall include and be illustrated as follows:
[Amended 12-21-1996 by L.L. No. 8-1996; 5-7-2004 by L.L. No. 1-2004; 5-19-2011 by L.L. No. 2-2011; 3-3-2016 by L.L. No. 1-2016; 8-15-2019 by L.L. No. 2-2019]
(1)
All those permitted in LC-I
Neighborhood Commercial and LC-II Low-Intensity Commercial Districts.
(2)
Appliance sales.
(3)
Bar, tavern and cocktail
lounge.
(4)
Child and elder care facility.
(5)
Commercial print shop.
(6)
Commercial recreational facility.
(7)
Convenience store, without
gasoline sales.
(8)
Drugstore.
(9)
Employment agency.
(10)
Floor coverings.
(11)
Funeral home.
(12)
Furniture sales.
(13)
Grocery store.
(14)
Indoor amusement center.
(15)
Lawn and garden supply
store.
(16)
Medical and dental clinic.
(17)
Medical and dental laboratory.
(18)
Office machine sales and
service.
(19)
Printing and publishing
establishment.
(20)
Restaurant.
(21)
Storage facility-interior
access/climate-controlled: defined as a facility that is designed
for internal access to storage space by the various renters or lessees
who individually have personal access to the secure section of the
facility so leased for the purpose of storing and removing personal
items from the interior access storage space.
(22)
Variety store.
(23)
Communications towers.
(25)
Other similar uses which
are not permitted in any other commercial district upon a finding
by the Planning Board that such uses are of the same general character
as those permitted in the district and that such uses will not be
detrimental to the other uses within the district or to the adjoining
land uses.
(26)
(a)
Kennels, subject to the
following additional requirements:
[1]
Minimum lot size:
50,000 square feet.
[2]
Shelters for animals
within kennels must be behind the rear building line of the principal
structure and shall be no closer than 50 feet to all lot lines. This
shall include all outdoor areas enclosed by fences.
[3]
A noise and visual
barrier consisting of suitable fence or dense vegetative planting
shall be provided, fully encircling all kennel areas not enclosed
in a building.
[4]
All animals must be
confined to an individual crate or cage within a building between
11:00 p.m. and 6:30 a.m.
[5]
All dogs must be licensed
where required by state law.
[6]
No offensive odors
shall be emitted by the site.
[7]
No storage, composting,
or incineration of waste shall be allowed on the site.
B.
C.
District buffer
area:
[Amended 2-18-2010 by L.L. No. 3-2010]
(1)
The minimum district buffer area between any proposed
nonresidential use and an adjoining residential single-family residential
district shall be 100 feet.
(2)
The minimum district buffer area between any proposed
nonresidential district and an adjoining different nonresidential
or multiple-family residential district shall be 75 feet upon a finding
of the Planning Board that buffering is desirable because of the variation
in levels of intensity of use between the districts.
[1]
Editor's Note: This ordinance also repealed
former § 225-17, C-A Commercial Automotive District.
A.
Purpose and intent.
The intent in creating this district is to provide business locations
for retail and commercial service which are developed at a larger
scale. Such uses generally place higher demands on municipal services
and infrastructure, and appropriate locations have good accessibility
and can accommodate large traffic volumes. The Town shall encourage
development as single-purpose buildings or community shopping centers.
Additionally, the intent of this district is to provide space for
senior housing in close proximity to the retail and commercial services
provided in this district. Permitted uses shall be as follows:
(1)
All those commercial uses
permitted in the LC-I, LC-II, and MC Districts, with the exception
of "mini storage" or self-storage facilities.
[Amended 3-3-2016 by L.L.
No. 1-2016]
(2)
Business
school or commercial school.
(3)
Building
supplies, indoor sales.
(4)
Credit bureau.
(5)
Data processing.
(6)
Department
store.
(7)
Gasoline
station, with or without motor vehicle repair facilities and convenience
stores.
(8)
Hospital
equipment and supplies.
(9)
Hotel.
(10)
Medical
and dental clinic.
(11)
Motor vehicle
parts and accessories sales.
(12)
Outdoor
amusement.
(13)
Printing
and publishing establishment.
(14)
Shopping
plaza.
(15)
Supermarket.
(16)
Technical
school.
(17)
Theater.
(18)
Communications
towers.
(19)
Senior housing, subject to the establishment of a Progressive Development Overlay District (PDD). Senior housing shall be subject to the dimensional requirements of § 350-14, supra. The Town Board may modify the overall density requirements, to accommodate assisted living facilities, when establishing the PDD.
[Amended 3-18-2010 by L.L. No. 4-2010]
(20)
Other similar
uses upon a finding of the Planning Board that such uses are of the
same general character as those permitted and will not be detrimental
to the other uses within the district or to adjourning land uses and
will comply with the requirements of this chapter.
B.
Dimensional requirements
shall be as follows:
(1)
Minimum lot
area: two acres.
(2)
Maximum lot
coverage: 20%.
(3)
The total
overall ground coverage of all principal and accessory buildings,
parking areas and other impervious surfaces on any lot shall not exceed
67% of the total lot area. The remainder of the lot shall be for open
space and/or landscaped area.
(4)
Minimum lot
width: 200 feet.
(5)
Maximum building
height: 50 feet.
C.
District buffer
area:
[Amended 2-18-2010 by L.L. No. 3-2010]
(1)
The minimum
district buffer area between any proposed nonresidential use and an
adjoining single-family residential district shall be 100 feet.
(2)
The minimum
district buffer area between any proposed nonresidential use and an
adjoining different nonresidential or multiple-family residential
district shall be 75 feet upon a finding of the Planning Board that
buffering is desirable because of the variation in levels of intensity
of use between the districts.
(3)
The minimum
district buffer area for any proposed senior housing use is established
in the PDD process.
D.
Referral to Conservation
Board. All proposed development which has a direct impact on open
space, buffers, or linkages or involves changes to site landscaping
shall be referred to the Conservation Board for an advisory report
prior to final site plan approval by the Planning Board.
E.
Special requirements.
(1)
Sidewalks
and trails. The Planning Board may require sidewalks and trails.
(2)
Retail and
office uses are encouraged to be located along the Ridge Road edge
of the project.
(3)
Landscaping
plans should incorporate the street tree/landscaping program in the
404 Corridor Study by the Genesee Transportation Council.
F.
Referral required.
(1)
Town Board.
Any proposed development in the HC District must be reviewed by the
Town Board prior to the sketch plan conference with the Planning Board.
The Town Board will review said plan and shall refer the plan to the
Planning Board only after making a determination that the development
is designed to achieve the following objectives:
[1]
Editor's Note: This ordinance also repealed
former § 225-18, C-H Commercial Highway District.
[Added 6-17-1993[1]]
The intent in providing this district is to
confine automotive uses, outdoor recreational uses and other uses
with outdoor storage to areas where they are currently located and
will not impact negatively on adjacent uses. While such uses are similar
in scale to other medium- and high-intensity commercial uses, their
impact on surrounding uses requires special review to determine the
appropriateness of their location. Such uses are required to provide
appropriate screening, setbacks, landscaped open space and parking.
Commercial-with-outdoor-storage uses should not be allowed in other
land use areas. The following shall apply in the CO District:
A.
Permitted uses
shall include and be illustrated as follows:
(1)
New or used
motor vehicle, recreational vehicle, trailer, boat, farm implement
and contractors' equipment sales, service, repair or rental.
(3)
Motor vehicle
parts and accessories sales.
(4)
Car wash.
(5)
Truck garden,
nursery and florist.
(7)
Other similar
uses which are not permitted in any other commercial district upon
a finding by the Planning Board that such uses are of the same general
character as those permitted in the district and that such uses will
not be detrimental to the other uses within the district or to the
adjoining land uses.
B.
C.
District buffer
area:
[Amended 2-18-2010 by L.L. No. 3-2010]
(1)
The minimum
district buffer area between any proposed nonresidential use and an
adjoining residential district shall be 100 feet.
(2)
The minimum
district buffer area between any proposed nonresidential district
and an adjoining different nonresidential district use shall be 75
feet upon a finding of the Planning Board that buffering is desirable
because of the variation in levels of intensity of use between the
districts.
[1]
Editor's Note: This ordinance also repealed
former § 225-19, C-S Commercial Shopping Center District.
[Added 11-21-2002 by L.L. No. 6-2002]
A.
Purpose and intent.
In accordance with the recommendations and policies in the Town Comprehensive
Plan, this district is created to provide offices and office parks
with needed support services to reinforce the primary uses. It is
intended to be consistent with the existing sports, park, and education
uses, with high-quality architecture, required landscaping, and increased
amenities.
B.
Permitted uses
shall be as follows:
(1)
Indoor sports
area facilities having a minimum of 30,000 square feet, excluding
any fabric-type structure, whether inflated or supported by a frame
structure.
(2)
Outdoor sports
facilities, which shall be allowed as accessory uses, and which shall
include soccer fields, baseball and softball fields, basketball courts,
volleyball courts, bocce courts, horseshoe courts, shuffleboard courts,
tennis courts and general fields for sports, and other similar uses
not permitted in this district, upon a finding of the Planning Board
that such uses are of the same general character as those enumerated
herein and permitted in the district and will not be detrimental to
the other uses within the district or to adjourning land uses.
(3)
Hotels.
(4)
Office buildings
for business, professional and medical use, such as attorneys, accountants,
architects, engineers, dentists and doctors, including all medical
specialists, psychiatrists, psychologists, chiropractors, insurance
agents and real estate brokers.
(5)
Governmental
offices.
(6)
Other similar
uses upon a finding of the Planning Board that such uses are of the
same general character as those permitted and will not be detrimental
to the other uses within the district or to adjoining land uses and
will comply with the requirements of this chapter.
(7)
Communications
towers.
C.
Special uses requiring a permit under Chapter 269 shall be as follows:
[Amended 7-17-2003]
(1)
Light manufacturing,
enclosed warehouse or wholesale use, public utility, enclosed industrial
process and service. The maximum building size is 45,000 square feet;
other similar uses upon a finding of the Planning Board that such
uses are of the same general character as those permitted and will
not be detrimental to the other uses within the district or to adjoining
land uses and will comply with the requirements of this chapter.
(2)
Senior housing,
subject to the establishment of a Progressive Development Overlay
District (PDD). The following applies to senior housing construction:
[Amended 3-18-2010 by L.L. No. 4-2010; 5-16-2013 by L.L. No.
3-2013]
(b)
Dimensional regulations:
[1]
[2]
[3]
Multiple-family dwellings:
[a]
Minimum buffer area:
50 feet, except where such multiple-family dwelling abuts a single-family
district, and in such case it shall be 100 feet.
[b]
Maximum building
heights: two stories measured at the front elevation.
[c]
Five-acre minimum
lot size.
[d]
Maximum building length: 165 feet, except where the applicant provides paved accessibility to all sides of the building, then the maximum building length may be increased to 250 feet. The accessibility may be provided by parking areas or fire lanes. Fire lanes must be clearly marked in accordance with § 165-12A and be a minimum width of 25 feet. Fire service access roads (fire lanes) shall be constructed, maintained and kept clear in accordance with Chapter F503 of the Fire Code of New York State.
[e]
The maximum density
shall be set by the Town Board when considering the special use permit.
[f]
The minimum distance
between the closest points of any two structures shall be 40 feet.
[g]
Minimum setback,
front: 75 feet.
[h]
There shall be no
more than one large multifamily dwelling of more than 10 units.
[i]
Upon a finding of
the Planning Board, the parking requirements may be modified to accommodate
senior housing facilities.
[4]
Townhouses:
[a]
Minimum buffer area:
50 feet, except where such multiple-family dwelling abuts a single-family
district, and in such case it shall be 100 feet.
[b]
Minimum width of
dwelling unit: 20 feet.
[c]
Five-acre minimum
lot size.
[d]
Maximum building
height: 30 feet.
[e]
Maximum building
length: 165 feet.
[f]
Minimum habitable
floor area: 1,000 square feet per dwelling unit.
[g]
The maximum density
shall be shall be set by the Town Board when considering the special
use permit.
[h]
The minimum distance
between the closest points of any two structures shall be 40 feet.
[i]
Driveway: five feet,
except in the case of a flag lot or a common driveway.
(c)
The Town Board may modify
any dimensional requirements, to accommodate senior housing facilities,
when issuing the special use permit.
(d)
Any applications for senior
housing presented before the Town Board prior to May 16, 2013, will
be grandfathered in.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Uses prohibited
in the Core Area North include but are not limited to the following:
(1)
Junkyards.
(2)
Mini storage
facilities.
(4)
Residential, except senior housing as permitted in § 350-19A(19) of this chapter.
(5)
Motor vehicle
service station with or without gasoline sales by the pump, motor
vehicle parts and accessory sales.
(6)
Outdoor storage.
(7)
Motel.
(8)
Any use which
does not comply with the Town of Webster Industrial Pretreatment Program.
(9)
Any use which
creates any dangerous, injurious, noxious or otherwise objectionable
fire, explosion or other hazard; noise or vibration; smoke, dust,
odor or other form of air pollution, heat, cold, dampness, electromagnetic
or other disturbances; glare; liquid or solid refuse or waste; or
any other substance, condition or element, in such manner or in such
amount as to, in the opinion of the Planning Board, adversely affect
the use of the surrounding area or adjoining premises.
E.
Dimensional requirements
shall be as follows:
(1)
Minimum lot
area: 62,500 square feet.
(2)
Maximum lot
coverage: 30%.
(3)
The total
overall ground coverage of all principal and accessory buildings,
parking areas and other impervious surfaces on any lot shall not exceed
67% of the total lot area. The remainder of the lot shall be for open
space and/or landscaped area.
(4)
Minimum lot
width: 250 feet.
F.
District buffer
area:
[Amended 2-18-2010 by L.L. No. 3-2010]
(1)
The minimum
district buffer area between any proposed nonresidential use and an
adjoining single-family residential district shall be 100 feet.
(2)
The minimum
district buffer area between any proposed nonresidential use and an
adjoining different nonresidential or multiple-family residential
district shall be 75 feet upon a finding of the Planning Board that
buffering is desirable because of the variation in levels of intensity
of use between the districts.
G.
Referral to Conservation
Board. All proposed development which has a direct impact on open
space, buffers, or linkages or involves changes to site landscaping
shall be referred to the Conservation Board for an advisory report
prior to final site plan approval by the Planning Board.
H.
Referral required.
(1)
Town Board.
Any proposed development in the OP District must be reviewed by the
Town Board prior to the sketch plan conference with the Planning Board.
The Town Board will review said plan and shall refer the plan to the
Planning Board only after making a determination that the development
is designed to achieve the following objectives:
The following shall apply in the I-N District:
A.
Permitted uses
shall be as follows:
[Amended 6-17-1993]
(2)
Enclosed
manufacturing industries.
(3)
Enclosed
warehouses or wholesale uses.
(4)
Public utilities.
(5)
Enclosed
service and repair.
(6)
Enclosed
industrial processes and service.
(7)
Freight or
trucking terminals.
(8)
Contractors'
yards.
(9)
Junkyards,
which must comply with § 136 of the General Municipal Law.
(10)
Parking.
(11)
Accessory
buildings.
(12)
Radio studio
and television studio.
(13)
Office
park.
(14)
Parking.
(15)
Hotels
and motels.
(18)
Outdoor
sports facilities, which shall be allowed as accessory uses, and which
shall include soccer fields, baseball and softball fields, basketball
courts, volleyball courts, bocce courts, horseshoe courts, shuffleboard
courts, tennis courts and general fields for sports, and other similar
uses not permitted in this district, upon a finding by the Planning
Board that such uses are of the same general character as those enumerated
herein and permitted in the district and will not be detrimental to
the other uses within the district or to the adjoining land uses.
[Added 10-7-1999[4]]
[4]
Editor's Note: This ordinance also renumbered
former Subsection A(18) as A(19).
(19)
Other industrial,
or similar and incidental, uses as determined by the Planning Board
to be of the same general character as those permitted and which will
not be detrimental to the other uses within the district to the adjoining
land uses and shall comply with the requirements of this chapter.
[Amended 7-17-2003]
(20)
Uses requiring a special use permit by the Town Board under Chapter 269, Article III:
[Added 5-19-2011 by L.L. No. 2-2011]
(a)
Kennels, subject to the
following additional requirements:
[1]
Minimum lot size:
63,000 square feet.
[2]
Shelters for animals
within kennels must be behind the rear building line of the principal
structure and shall be no closer than 80 feet to all lot lines. This
shall include all outdoor areas enclosed by fences.
[3]
A noise and visual
barrier consisting of suitable fence or dense vegetative planting
shall be provided, fully encircling all kennel areas not enclosed
in a building.
[4]
All animals must be
confined to an individual crate or cage within a building between
11:00 p.m. and 6:30 a.m.
[5]
All dogs must be licensed
where required by state law.
[6]
No offensive odors
shall be emitted by the site.
[7]
No storage, composting,
or incineration of waste shall be allowed on the site.
B.
C.
District buffer
area.
[Added 6-17-1993;[5] amended 2-18-2010 by L.L. No. 3-2010]
(1)
The minimum
district buffer area between any proposed nonresidential use and an
adjoining residential district shall be 100 feet.
(2)
The minimum
district buffer area between any proposed nonresidential district
and an adjoining different nonresidential district or use shall be
75 feet upon a finding of the Planning Board that buffering is desirable
because of the variation in levels of intensity of use between the
districts.
D.
Use permits required;
plans and data; reviews; permit revocations.
(1)
Before the
commencement of any use in an industrial district or the construction
of a building in an industrial district, the Town Board must authorize
the Building Inspector to issue a permit therefor.
[Amended 8-10-1978; 5-16-1996]
(2)
Such permit shall be obtained as follows: The owner shall submit to the Town Board a site plan under the provisions of Chapter 269 of this Code. Upon receipt of such application, the Town Board may refer such application, together with all supporting documents, to the Planning Board for its review and recommendations. Such site plan, in addition to the information required by Chapter 269, shall show that the following standards and requirements will be met:
[Amended 10-7-1999]
(a)
The proposed
sewerage facilities shall be adequate for the proposed use, and any
proposed tie-in with the Town or village systems shall be fully outlined.
(b)
Any grading
or changes of the basic contour of the land may be done, provided
that it does not interfere with the natural drainage of the land or
an existing watercourse.
(c)
There
must be an adequate available source of water for the proposed industrial
use.
(e)
There
shall be no pollution into any watercourse, open ditch or land surface.
(f)
There
must be adequate screening of all unhoused storage of equipment, loading
and unloading docks, materials, products, machinery and any and all
other similar items so stored.
(g)
There shall be evidence of compliance with the performance standards of § 350-80.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(h)
There
shall be one-hundred-foot buffer strips when property adjoins other
than an industrial district.
(3)
The Planning
Board shall review the proposed site plan and accompanying documents
and shall ascertain in each instance whether the proposed use meets
the requirements and standards as set forth. The Planning Board shall
then submit a report of its findings with its recommendations of approval,
conditional approval or disapproval to the Town Board.
(4)
The Planning
Board may recommend to the Town Board that the proposed user be required
to furnish performance bonds to guarantee the completion of any one
or more of the foregoing requirements, said performance bonds running
to the benefit of the Town of Webster.
(5)
The Town
Board shall review the findings of the Planning Board, the approved
site plan and all of the plans of the proposed use to ensure that
they are adequate and are consistent with the safety, health and welfare
of the community; it shall direct the Building Inspector to issue
a permit for said proposed use or uses in accordance the building
and site plans approved by the Planning Board. The Town Board, in
the granting of an industrial use permit, shall have the authority
to impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed use of the property.
[Amended 8-10-1978; 5-16-1996]
(6)
From time
to time, the Town Board or the Planning Board, at the Town Board's
direction, may review said industrial use permit to ascertain if the
aforesaid requirements, conditions and restrictions are being substantially
complied with in good faith. In the event that, upon review, the Town
Board finds that the construction is not in accordance with the approved
building and site plans and the requirements, conditions and/or restrictions
of this chapter or of the industrial use permit are not being substantially
complied with, the industrial use permit shall be canceled or terminated
within a specified period of time unless the requirements, conditions
and restrictions are complied with after reasonable notice.
[Amended 5-16-1996]
(7)
Minor changes
in the use, location, siting, height, length and width of structures
may be authorized by the Planning Board without Town Board action
as long as the total changes do not exceed 10% of the final approved
plan.
[Added 6-17-1993]
(8)
Reapplication.
An application for a use permit in an industrial district, or application
for referral to the Planning Board for a use permit in an industrial
district, which application has been denied or otherwise not referred
by the Town Board, may not be resubmitted to the Town Board for a
period of one year from the date of such decision. The Town Board
may, upon the presentation of new facts, entertain a reapplication
before the expiration of the aforesaid one-year period, but only upon
a unanimous vote of all the members of the Town Board then present
at such reapplication. Prior to the hearing of such a reapplication,
all notices required to be given at an original hearing must also
be given.
[Added 4-15-1999]
[Added 6-3-1999; amended 11-21-2002 by L.L. No. 6-2002; 7-17-2003; 2-18-2010 by L.L. No. 3-2010; 7-18-2013 by L.L. No. 4-2013; 8-15-2019 by L.L. No. 2-2019]
A.
Statement of purpose of district.
(1)
The purpose of the PDD Progressive
Development Overlay District is to provide a means of developing those
areas within the Town zoned HC High-Intensity Commercial District,
OP Core Area North - Office Park, I-N Industrial District and MC Medium
Intensity Commercial in an economical manner while encouraging utilization
of innovative planning and design concepts. The PDD is intended to
promote cooperative planning between the Town and property owners/developers.
The PDD does not increase the density for the underlying zoning district
but allows flexibility in the placement of buildings, parking facilities,
etc., to preserve green space, open space and promote beneficial development
by giving the Planning Board authority to approve site plans applying
standards and guidelines not otherwise allowable in the zoning district
in which the parcel or group of parcels is located.
(2)
The PDD recognizes the need
to modify dimensional standards within a parcel or group of parcels
proposed for common, unified development, such as setbacks, lot width,
lot area and buffers, in order to carry out the intent of the underlying
zoning district and further recognizes that such development may occur
in phases over a number of years. Certain developments may require
subdivision of parcels and separate ownership lots or tax account
numbers within the overall development area to facilitate financing
of development. The purpose of the PDD is to allow sufficient flexibility
for such development without regard to underlying setback, lot width,
lot area, and buffer requirements between separate parcels or ownership
lots within the development area when the property is developed in
accordance with a development plan reviewed by the Town Board.
(3)
In addition, PDD recognizes
the growing need for a variety of housing and levels of care specifically
and exclusively for senior citizens. The intent and purpose is to
encourage, where appropriate, senior housing within a PDD located
in the HC District; to allow flexibility in the provision of senior
housing with continuum levels of care specifically designed to satisfy
senior citizens' economic, physical, psychological and social needs
to the maximum extent practicable; to protect the character of the
Town of Webster; and to preserve open space, the property values of
the community, and the health, safety and general welfare of the public
by ensuring that the location, nature, duration and intensity of said
senior housing are as follows:
(a)
Will not affect adversely
the orderly pattern of development in the district.
(b)
Will be in harmony with
nearby uses.
(c)
Will not alter the essential
character of the nearby neighborhood nor be detrimental to the residents
thereof.
(d)
Will not create a hazard
to the health and/or safety of the general welfare.
(e)
Will not be detrimental
to the flow of traffic.
(f)
Will not place an excess
burden on public improvements, facilities, services or utilities.
B.
Minimum district area. The minimum
area of a parcel or combination of parcels necessary to be considered
for PDD designation shall be 10 acres.
C.
Permitted uses. Permitted uses
in a PDD shall be the same as those allowed in the underlying zoning
district. The provisions of this section shall not be deemed to authorize
a change in the permissible uses of such land. The PDD shall be available
in the HC High-Intensity Commercial, MC Medium-Intensity Commercial,
OP Core Area North - Office Park and I-N Industrial Districts of the
Town. In addition, senior housing is a permitted use within a PDD
located in an HC District.
D.
General design requirements.
A development in the PDD shall meet all requirements for the underlying
zoning district with the exception of the minimum required setbacks,
lot width, lot area, and buffers within the development area.
(1)
The minimum district buffer
area between any use within the PDD and an adjoining R-1 Single-Family
Residential District, R-2 Single-Family Residential District, R-3
Single-Family Residential District, LL Large-Lot Single-Family Residential
District, MHR Medium-High Residential District, and LMR Low-Medium
Residential District shall be 100 feet.
(2)
The minimum district buffer
area between any PDD use and an adjoining nonresidential zoning district
shall be up to 75 feet upon a finding of the Town Board that buffering
is desirable because of the variation and levels of intensity of use
between the districts.
(3)
The minimum district buffer
between any senior housing PDD use and an adjoining R-1 Single-Family
Residential District, R-2 Single-Family Residential District, R-3
Single-Family Residential District, LL Large-Lot Single-Family Residential
District, MHR Medium-High Residential District, and LMR Low-Medium
Residential District shall be 50 feet for single-family detached dwellings,
single-family semidetached dwellings, and townhouse buildings. For
all other senior housing units, the minimum buffer shall be 100 feet.
(4)
The minimum district buffer
between any senior housing PDD use and an adjoining nonresidential
zoning district shall be 100 feet.
(5)
A minimum ground area of
not less than 33% of the total development area shall be landscaped
and shall be preserved as green space and shall be the landscaped
area required.
(6)
The arrangement and location
of a landscaped area shall be dispersed through the development area
to prevent unsightliness and to create breaks in paved parking areas.
(7)
Not less than 5% of the interior
of a parking area designated for 250 or more cars shall be devoted
to the required landscaped area.
(8)
The landscaping plan shall
provide internal buffering for land areas within the district, and
privacy and screening for neighboring land areas outside the district,
and shall consider visual, noise and air quality factors.
(9)
Landscape treatments shall
be designated as an integral part of the entire development.
E.
General conditions. Development
as a PDD shall require three steps:
(1)
Review and acceptance by
the Town Board of a development plan or plans
(2)
Approval by the Town Board of the use of the overlay district on the development area pursuant to a favorable review in Subsection E(1) above, thus authorizing the Planning Board to proceed with site plan review pursuant to such development plan(s).
(3)
Site plan approval from the
Planning Board for each phase of the development in accordance with
such development plan(s).
F.
Procedures
shall be as follows: approval of the use of the overlay district on
the development area by the Town Board.
(1)
Application
for the approval of the use of a POD overlay shall be made to the
Town Board on forms adopted by the Town.
(2)
The
applicant shall submit a preliminary development plan or plans at
appropriate scale showing the following:
(a)
Boundaries of the proposed development area.
(b)
The traffic circulation features within the site, including the amount
and location of access to automobile parking and terminal loading
areas and any necessary traffic improvements.
(c)
The provision for pedestrian circulation and open and green spaces
in the development.
(d)
The location of principal and accessory buildings on the site in
relation to one another and to other structures and uses in the vicinity,
including bulk and height.
(e)
Permanent perimeter buffer areas to be maintained with respect to
neighboring properties.
(f)
The application shall indicate the anticipated phasing of the development,
including site improvements and reservations of open development and
green spaces with respect to each phase of development.
(g)
The development plan(s) may contain alternative development options
(e.g., alternative building configurations, alternative parking facilities,
etc.) to be part of the development plan.
(3)
The
Town Board shall hold a public hearing after proper public notice
prior to approval of the use of the PDD overlay. The Town Board shall
make all determinations under the New York State Environmental Quality
Review Act (SEQRA).
(4)
The
Town Board may impose reasonable conditions on the approval of the
PDD overlay and/or the acceptance of the development plan(s), including
the establishment of any necessary improvement districts to insure
compliance with the development plan. The Town Board may impose as
conditions the reservation and maintenance of open and green spaces
and infrastructure improvements tied to each anticipated phase of
development.
(5)
The
Town Board will review said plan and make a determination that the
plan is designed to achieve the following objectives:
G.
Site plan
approval of the PDD.
(1)
Site
plan approval is required from the Planning Board for each phase of
development in accordance with the development plan(s) and conditions
accepted by the Town Board. Such phases may included a portion of
the district.
(2)
The application for site plan approval shall include the data required by Chapter 269 and other data, agreements or information required by the Town Board in its approval of the PDD overlay. The Planning Board shall review such application for conformity with the development plans accepted by the Town Board and the requirements of Chapter 269 of this Code.
(3)
If
the Planning Board determines that an improvement district is needed
in order to satisfy the requirements of SEQRA and/or to protect the
health/safety/general welfare of the residents of the Town of Webster,
then the Planning Board shall recommend to the Town Board that such
improvement district be established. Final approval of the site plan
cannot be given by the Planning Board until the Town Board has established
such district.
(4)
Changes
in the use, location, siting, height, width and length of structures
may be authorized by the Planning Board without Town Board action:
(5)
All
conditions imposed by the Town Board in its approval of the use of
the overlay district on the development area and all subsequent conditions
imposed by the Planning Board during site plan review shall run with
the land and shall not lapse or be waived because of ownership or
tenancy changes in any or all of the designated development area.
The Town Board may require that the conditions imposed be incorporated
into the declaration of covenants, easements and restrictions executed
by the owners of record of all the parcels within the POD to be recorded
in the Monroe County Clerk's office.
(7)
The
conditions imposed with respect to a development plan may be amended,
or the size of the development may be modified, by the Town Board
in accordance with the procedures set forth above.
[1]
Editor's Note: Former § 225-21,
L-I-N Light Industrial District, added 5-24-1979, was repealed 6-17-1993.
[Added 4-17-2003 by L.L. No. 2-2003]
The intent in creating the Open Space Overlay
District is to preserve and enhance the Town of Webster's open space
and recreational areas by protecting these natural amenities and restricting
development that does not respect these environmentally sensitive
areas. The Town of Webster recognizes the value and importance of
the resources for the Town residents and therefore strictly limits
the development of these areas.
A.
Permitted uses
and structures. The following uses are the only uses permitted in
the O-S District:
(1)
Public-owned
parks, including park districts,* squares, recreational areas, natural
wildlife areas, and other open areas.
(2)
Cemeteries,
including associated facilities, such as mausolea, columbaria, crematories,
and chapels, provided that no such structure shall be located within
50 feet of any residential district boundary line.
(3)
Botanical
gardens, arboretums and conservatories.
(4)
Public marinas,
boat launches, boat docks, and fishing docks.
(5)
Outdoor recreational
facilities, such as hiking and bicycle trails, greens and commons,
sitting areas, and picnic areas.
(6)
Public schools.
(7)
Communications installations, freestanding towers, satellite dishes, antennas and poles shall be subject to the requirements of Chapter 130 of this Code.
(8)
Properties where the Town has purchased the development
rights (PDR). The uses in existence at the time the PDR was acquired
shall continue. Expansion of uses on the property shall be subject
to those allowed under the agreement that the PDR was acquired.
[Added 2-18-2010 by L.L. No. 3-2010]
|
*NOTE: The petition to form a park district
must be amended to include language to add the new park district to
the OSOD.
|
B.
Special permit uses. The following uses are allowed as special permit uses in the O-S District subject to the procedures of Article IV of Chapter 269 of this Code:
(1)
Band shells
and outdoor theaters, not including drive-in theaters.
(2)
Commercial
facilities incidental to the operation of public recreational uses,
such as refreshment stands, small concessionaire shops dispensing
sporting goods, miniature golf and similar amusement and recreational
facilities.
(3)
Cultural
facilities, such as museums and observatories.
(4)
Golf courses,
including par three courses and driving ranges.
(5)
Lighting
of all outdoor recreational activity areas for nighttime use.
(6)
Parking lots
of 10 or more spaces.
(7)
Public recreation
centers, including enclosed and semienclosed buildings.
(8)
Public utilities.
(9)
Water collection,
storage and distribution uses, such as reservoirs, tanks, dams, water
treatment plants, pumping stations and drainage channels.
C.
Dimensional requirements.
Dimensional requirements are subject to the underlying zoning district,
except that parcels intended to be left as open space may be of any
size.
[Added 7-2-1987; amended 3-7-1991 by L.L. No. 1-1991; 6-17-1993; 12-21-1996 by L.L. No.
8-1996; 7-5-2001 by L.L. No. 3-2001]
A.
Statement of
purpose of WD Waterfront Development District.
(1)
The WD Waterfront
Development District is designed to provide a suitable character and
stable environment for the establishment and maintenance of water-dependent
and/or water-enhanced uses and activities along the shorelines of
Lake Ontario and Irondequoit Bay. The district is also designed to
protect the unique and sensitive environmental features that exist
along the lake and bay shorelines and to promote the public health,
safety and general welfare.
(2)
The WD Waterfront
Development District permits low-density residential development as
well as certain commercial, recreational and open space uses that
serve the residents of this district as well as of the Town and that
generally benefit from and enhance the unique aesthetic and environmental
qualities of the Town's waterfront areas. The purpose of this district
includes the following specific goals:
(a)
To provide
sufficient space in appropriate waterfront locations for residential
development, recreational activities, certain commercial activities
and other water-dependent and/or water-enhanced uses in order to meet
the various housing and recreational needs of the Town of Webster's
present and future populations.
(b)
To recognize
the sensitivity of waterfront areas as unique environmental and recreational
resources and to protect these areas from environmentally destructive
uses and activities.
(c)
To provide
for a desirable mix of water-oriented commercial uses and active and
passive recreational opportunities that take advantage of the unique
locations and characteristics of the Town's waterfront areas.
(d)
To encourage
development that is appropriately designed and in harmony with its
environment and that does not conflict with the preservation of the
natural beauty of the Town's waterfront areas.
(e)
To promote
the most desirable and appropriate use of land and direction of building
development based upon land and soil types and other natural features,
environmental constraints, neighborhood characteristics and overall
community needs to protect the character of the district and its peculiar
suitability for particular uses; to conserve the value of land and
buildings; and to protect the Town's tax revenue base.
(f)
To permit
development in areas which, by virtue of their location, topography,
accessibility, relationship to surrounding land uses, zoning patterns
and natural features and availability of public services and utilities,
are best suited for a particular purpose and to preserve areas that
are naturally unsuited for development or that have unique historical,
aesthetic or environmental significance.
(g)
To encourage
a flexibility of design, preservation of unique environmental features
and maintenance of the aesthetic quality of waterfront areas by permitting
the Town Planning Board to establish minimum dimensional requirements
for permitted principal uses and to review other pertinent design
aspects of such proposed projects.
(h)
To preserve,
wherever feasible, the existing vegetation and natural features of
waterfront areas and to prevent, as much as possible, significant
problems of erosion, sedimentation and drainage, both during and after
construction.
(i)
To encourage
and facilitate water-dependent and water-enhanced recreational development
within the shore zone as permitted principal uses or as accessory
uses where compatible with the primary purpose of the proposed development.
(j)
To protect
waterfront areas as much as possible against excessive volumes of
vehicular traffic flow and safety problems related to such vehicular
traffic flow.
(k)
To protect
waterfront areas against congestion as much as possible by regulating
the density of population and intensity of land use and by requiring
the provision of open areas for rest and recreation wherever practicable.
(l)
To promote
public visual and physical access to Irondequoit Bay and Lake Ontario,
in a manner which is compatible with the Town of Webster Comprehensive
Plan.
B.
Permitted uses.
No structure shall be erected, structurally altered, reconstructed
or moved and no structure, land or premises shall be used in any district
designated on the Official Zoning Map of the Town of Webster as a
WD Waterfront Development District, except for the following principal
and customarily incidental accessory uses:
(1)
Principal
uses:
(b)
Public parks, playgrounds or similar public recreational uses authorized or operated by a public agency and not operated for gain, subject to site plan review and approval issued by the Town Planning Board in accordance with the provisions of Chapter 269 of this Code.
(c)
Municipally owned and/or operated buildings or structures and other strictly governmental uses and activities, including but not limited to fire stations, public libraries, post offices, governmental offices, sewer lift stations, sewage treatment plants, etc., subject to site plan review and approval issued by the Town Planning Board in accordance with the provisions of Chapter 269 of this Code.
(d)
Buildings or structures erected or used in connection with but not directly associated with a governmental function, agency or activity and not operated for gain, including but not limited to such activities as a community bandstand, Town volunteer fire department and recreational facilities, historic sites, etc., subject to site plan review and approval issued by the Town Planning Board in accordance with the provisions of Chapter 269 of this Code.
(e)
Townhouses
shall be allowed on any parcel which is in excess of 20 acres, and
such use is not to exceed 20% of the total acreage of such parcel.
(f)
Private clubs or camps, private membership clubs, lodges or fraternal organizations, neighborhood or community centers, YMCA or YWCA or other similar uses, subject to special use permit approval issued by the Town Board in accordance with the provisions of Chapter 269 of this Code.
(g)
Sit-down restaurants, subject to special use permit approval issued by the Town Board in accordance with the provisions of Chapter 269 of this Code.
(h)
Bed-and-breakfast, subject to special use permit process to ensure compatibility of this use with adjacent uses issued by the Town Board in accordance with the provisions of Chapter 269 of this Code.
(i)
Yacht clubs or other similar uses, subject to special use permit approval issued by the Town Board in accordance with the provisions of Chapter 269 of this Code.
(j)
Marinas, boat docks, docking basins, boat launching ramps, including related retail sales of pleasure boats, marine and fishing supplies and other similar uses, subject to special use permit approval issued by the Town Board in accordance with the provisions of Article IV of this chapter.
(k)
Boat service, repair, rental and storage facilities or other similar uses, subject to special use permit approval issued by the Town Board in accordance with the provisions of Chapter 269 of this Code.
(l)
Stores, shops and boutiques designated for water-enhanced and water-dependent retail uses and activities, subject to special use permit approval issued by the Town Board in accordance with the provisions of Chapter 269 of this Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(m)
Public utility buildings or structures, subject to special use permit approval issued by the Town Board in accordance with the provisions of Chapter 269 of this Code.
(n)
Combinations of permitted principal uses, appropriate for the waterfront area, upon recommendation from the Planning Board to the Town Board subject to special use permit approval issued by the Town Board in accordance with the provisions of Chapter 269 of this Code.
(o)
Communications
towers upon the issuance of a special use permit by the Town Board.
(p)
Other uses not specifically listed above but which, based on a determination by the Town Board, are deemed appropriate for waterfront areas, are similar in nature to permitted principal uses and are compatible with the purpose and intent of this district, subject to special use permit approval issued by the Town Board in accordance with the provisions of Chapter 269 of this Code.
(2)
Principal
use restrictions and/or additional requirements. All principal uses
permitted within a WD Waterfront Development District shall be subject
to the following restrictions and/or additional requirements:
(a)
Any of the nonresidential uses permitted in this section that require the use of an area other than within an enclosed building may be conducted in whole or in part outside such building, subject to special use permit approval issued by the Town Board in accordance with the provisions of Chapter 269 of this Code.
(3)
Accessory
uses and structures:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
Private
garages and carports.
(e)
Sheds,
cabanas or similar accessory structures.
(f)
Radio, television or citizens' band antennas, subject to the provisions of Chapter 130 of this Code.
(g)
Signage,
subject to the following restrictions:
[1]
All signage, with the exception of real estate signs, temporary political signs and accessory traffic signs, shall be subject to special use permit approval issued by the Town Board in accordance with the provisions of Chapter 269 of this Code. Real estate signs shall be subject to the applicable provisions of Chapter 265 of the Code of the Town of Webster.
[2]
Illuminated signs shall be regulated by the applicable provisions of Chapter 265 of the Code of the Town of Webster.
[3]
Signs
oriented toward the water shall be building-mounted, permitted for
identification purposes only and shall not exceed 25 square feet in
total surface area.
(j)
Tennis courts and other similar outdoor recreational facilities as determined by the Town Building Inspector, provided that such uses are clearly incidental to the primary residential or principal use on the property. The location of such facilities shall be reviewed by the Town Planning Board as part of the site plan review process in accordance with Chapter 269 of this Code. Such facilities, when accessory to a single-family residence, shall not be subject to site plan review.
(k)
Dumpsters and other similar outdoor refuse containers or enclosures. The location of such facilities shall be reviewed by the Town Planning Board as part of the site plan review process in accordance with Chapter 269 of this Code.
C.
Dimensional requirements.
(1)
Required
minimum lot size.
(a)
No new
principal building or structure to be used as a single-family detached
dwelling shall hereafter be erected on any lot in any WD Waterfront
Development District unless such lot shall have a minimum area of
18,000 square feet.
(b)
The required
minimum lot sizes for all other principal uses permitted in the WD
Waterfront Development District shall be established by 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 area necessary
to adequately accommodate the proposed principal use as well as all
parking, loading, landscaping, open space, setback and access areas
and fire lanes for such use. The required minimum lot size shall also
be based on the relative intensity of the proposed land use, the need
to protect or buffer the proposed land use and the need to protect
or buffer the use from sensitive environmental areas or scenic views
or vistas.
(2)
Required
minimum building setbacks (required front, side and rear setbacks).
(a)
In order to establish suitable front, side and rear setbacks, principal buildings and accessory structures for single-family detached dwellings hereafter erected, structurally altered, reconstructed or moved in any WD Waterfront Development District shall be subject to the applicable setback provisions of § 350-11 of this chapter and to a minimum of 25 feet inland from the high water's edge in order to maintain adequate access to the shore zone.
(b)
Setbacks
of buildings and structures from all other buildings and structures
on the lot and from property lines, for all other permitted principal
and accessory uses not already identified in this section, shall be
determined by the Town Planning Board during the site plan review
and approval process upon the recommendations of the Planning Board
and shall be based on the following guidelines:
[1]
Principal
buildings, parking areas and accessory structures, excluding such
facilities as docks, piers, wharves and boat ramps, and accessory
structures to such facilities must be set back a minimum of 25 feet
inland from the high water's edge.
[2]
Principal
buildings, parking areas and accessory structures must be set back
a minimum of 25 feet from any road right-of-way and a minimum of 15
feet from any property line.
[3]
Principal
building and accessory structure setbacks shall be established with
due consideration of provision of fire-protection services and adequate
access for fire and emergency equipment within and around the site.
[4]
Principal
building and accessory structure setbacks shall be established with
due consideration of the protection and preservation of unique and
sensitive environmental features, maintenance of any wooded areas
of the shore zone, scenic views and vistas and the specific goals
established for this district.
(3)
Maximum building
heights.
(a)
Maximum
building heights for single-family detached dwellings shall not exceed
30 feet.
(b)
Maximum
building heights for all other permitted principal uses specified
in this section shall not exceed 30 feet with a maximum of two stories.
The Board shall also have the power to establish maximum principal
building heights of less than 30 feet in such cases where a visual
analysis of the site prepared and submitted by the applicant and reviewed
by the Board demonstrates that such height limitation is required
to protect the scenic views or vistas or the aesthetic character of
waterfront areas in general.
(c)
Accessory
structures shall not exceed a maximum height of 20 feet unless otherwise
specified or regulated in this chapter.
(4)
Maximum density/maximum
percentage of lot occupancy:
(a)
The total
overall ground coverage of all principal and accessory buildings,
parking areas and other impervious surfaces on any lot in any WD Waterfront
Development District shall not exceed 67% of the total lot area. The
remainder of the lot shall be for open space and/or landscaped areas.
(b)
Ground
coverage for impervious surfaces for single-family detached homes
shall not exceed 33%.
(5)
The following
dimensional regulations for townhouses:
(a)
Minimum
buffer of 100 feet;
(b)
Minimum
width of 20 feet;
(c)
Maximum
building length of 165 feet;
(d)
Minimum
habitable floor area of 1,000 square feet per dwelling unit;
(e)
Maximum
density of six units per acre; and
(f)
Minimum
distance between the closest points of any two structures shall be
40 feet.
D.
Off-street parking
and loading requirements in WD Waterfront Development District.
(1)
Off-street parking spaces and loading facilities must be provided for all uses specified in this section, in accordance with the provisions of § 350-74 of this chapter and the following additional requirements:
(a)
All parking
spaces shall be set back a minimum of 15 feet from any right-of-way
or property line to provide for proper landscaping and buffering.
(b)
Parking
for shore zone uses shall be provided according to the following standards:
[1]
Marinas/boat-launching
ramps.
[a]
Six-tenths space per boat slip.
[b]
Twenty-five car-trailer spaces per boat ramp.
[c]
Ten single spaces per ramp.
[d]
Five and five-tenths spaces for 1,000 square feet of retail floor
area.
[e]
Two spaces per boat slip that includes charter fishing.
[f]
Dimensions for a single space: nine feet by 20 feet.
[g]
Dimensions for a double space: nine feet by 40 feet.
[h]
Aisle width: 24 feet.
[i]
Angle/straight: 30 feet.
[j]
Access lanes: standard width.
[k]
Overflow parking should be placed at the ends of the parking areas
in any unusually shaped parcels.
[3]
Yacht
clubs: one space per three persons to the maximum capacity of meeting
rooms or one space per boat berth, whichever is greater.
[4]
Restaurants,
sit-down: one space per three patron seats or one space per 100 square
feet of floor area, whichever is greater, plus one space per 1.5 employees
on the maximum shift.
[5]
Boat
rentals: eight-tenths space per boat.
(2)
A reasonable
reduction in the size and number of parking spaces required for a
given project may be permitted by the Town Planning Board during the
site plan review process where it can be demonstrated that such a
reduction will not create overflow parking problems or traffic congestion
and that the additional space will be used for landscaping or open
space within the site. Such a reduction shall be permitted by the
Town Planning Board on a case-by-case basis.
E.
Additional requirements
and standards. The Town Planning Board shall seek to ensure that there
is adequate public access to the waterfront through the site plan
review process. Specifically:
(1)
The Town Planning Board shall ensure that public visual access to the lake and bay is preserved and enhanced where feasible. The locations and heights of principle and accessory structures and fences shall be determined by the Town Planning Board during site plan review, based on this requirement and the other requirements given in § 350-25 C(2) and (3).
(2)
The Town
Planning Board, as part of the site plan and/or special use permit
review and approval process, shall strongly encourage public physical
access, in the form of walkways, pedestrian trails, paths, or bikeways
adjacent to the shoreline for those development projects where such
access is appropriate and desirable and does not conflict with existing
natural features or the public health, safety, and general welfare.
The Planning Board shall consider the nature of the access to and
from surrounding properties and uses, as well as the relationship
of the access and proposed use to the water.
