Town of Webster, NY Article III District Regulations

§ 350-9 Environmental Protection Overlay Districts.

[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

[1] Editor's Note: See Ch. 170, Flood Damage Prevention, for rules and regulations regarding floodplains.

(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.

[1] The Town Planning Board shall review all applications requiring site plan approval under Chapter 269 of this Code. A public hearing shall also be required for such applications in accordance with Chapter 269 of this Code.

[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)]

[2] Editor's Note: See Ch. 296, Subdivision of Land.

[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]

C. (Reserved)[3]

[3] Editor's Note: Former Subsection C, EPOD(1) Floodplain Protection District, was repealed 8-7-2008 by L.L. No. 3-2008.

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:

(a) 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).

(b) Woodlot management.

(5) Exempt activities. The following activities, in addition to those activities listed in Subsection B(2)(a) of this section, are exempt from the permit procedures for woodlots:

(a) Woodlot management activities on lots with existing single-family detached dwelling units.

(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)]

[1] Soil stability.

[2] Velocity of surface water runoff.

[3] Existing drainage systems.

(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.

§ 350-10 R-1 Single-Family Residential District.

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:

(1) Minimum lot area.

(a) Residential: 35,000 square feet. The dimension of 35,000 square feet applies to the flag portion of any flag lot; for the purposes of this section, the pole portion shall be excluded.

[Amended 8-2-2001 by L.L. No. 5-2001]

(b) Nonresidential: five acres.

(2) Maximum lot coverage: 20%.

(3) Minimum lot width: 125 feet. Lots located on the exterior arc of curves or culs-de-sac shall have a minimum width at the front lot line tangential to such arc of 55 feet.

(4) Maximum building height: 30 feet.

(5) Minimum yards:

(a)

[Amended 10-12-1978] Front: 75 feet, except:

[1] On major highways: 85 feet.

[2] On corner lots: 65 feet, except on major highways, then 75 feet.

(b) Side:

[Amended 9-3-2009 by L.L. No. 2-2009]

[1] Structure: 20 feet.

[2] Driveway: five feet, except in the case of a flag lot or a common driveway.

(c) Rear: 60 feet.

(6) Minimum habitable floor area:

[Amended 8-2-2001 by L.L. No. 5-2001]

(a) One floor: 1,440 square feet.

(b) More than one floor: 2,160 square feet.

§ 350-11 R-2 Single-Family Residential District.

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:

(1) Minimum lot area.

(a) Residential: 28,000 square feet. The dimension of 28,000 square feet applies to the flag portion of any flag lot; for the purposes of this section, the pole portion shall be excluded.

[Amended 8-2-2001 by L.L. No. 5-2001]

(b) Nonresidential: three acres.

(2) Maximum lot coverage: 20%.

(3) Minimum lot width: 100 feet. Lots located on the exterior arc of curves or culs-de-sac shall have a minimum width at the front lot line tangential to such arc of 55 feet.

(4) Maximum building height: 30 feet.

(5) Side:

[Amended 9-3-2009 by L.L. No. 2-2009]

(a) Structure: 15 feet.

(b) Driveway: five feet, except in the case of a flag lot or a common driveway.

(6) Minimum yards:

(a) Front: 60 feet, except:

[Amended 10-12-1978]

[1] On major highways: 70 feet.

[2] On corner lots: 50 feet, except on major highways, then 60 feet.

(b) Side: 15 feet.

(c) Rear: 55 feet.

(7) Minimum habitable floor area:

[Amended 8-2-2001 by L.L. No. 5-2001]

(a) One floor: 1,320 square feet.

(b) More than one floor: 1,800 square feet.

§ 350-12 R-3 Single-Family Residential District.

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.

(6) Agricultural uses.[1]

[1] Editor's Note: Former Subsection A(7), which immediately followed this subsection and which dealt with establishing a PCN District, was repealed 3-7-1991 by L.L. No. 1-1991.

(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:

(1) Minimum lot area:

(a) Residential: 22,000 square feet. The dimension of 22,000 square feet applies to the flag portion of any flag lot; for the purposes of this section, the pole portion shall be excluded.

[Amended 8-2-2001 by L.L. No. 5-2001]

(b) Nonresidential: two acres.

(2) Maximum lot coverage: 20%.

(3) Minimum lot width: 100 feet; lots located on the exterior arc of curves or culs-de-sac shall have a minimum width at the front lot line tangential to such arc of 55 feet.

(4) Maximum building height: 30 feet.

(5) Minimum yards:

(a) Front: 50 feet, except:

[Amended 10-12-1978]

[1] On major highways: 60 feet.

[2] On corner lots, 40 feet, except on major highways, then 50 feet.

(b) Side:

[Amended 9-3-2009 by L.L. No. 2-2009]

[1] Structure: 15 feet.

[2] Driveway: five feet, except in the case of a flag lot or a common driveway.

(c) Rear: 50 feet.

(6) Minimum habitable floor area:

[Amended 6-17-1993; 8-2-2001 by L.L. No. 5-2001]

(a) One story: 1,200 square feet.

(b) Over one story: 1,560 square feet.

§ 350-13 LL Large-Lot Single-Family Residential District.

[Added 6-17-1993; amended 12-21-1996 by L.L. No. 8-1996; 8-2-2001 by L.L. No. 5-2001[1] ]

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.

B. Dimensional regulations:

(1) Minimum lot area:

(a) Residential: three acres.

(b) Nonresidential: five acres.

(2) Minimum lot width: 250 feet; lots located on the exterior arc of curves or culs-de-sac shall have a minimum width at the front lot line tangential to such arc of 75 feet.

(3) Maximum building height: 30 feet.

(4) Minimum setbacks:

(a) Front: 75 feet.

(b) Side:

[Amended 9-3-2009 by L.L. No. 2-2009]

[1] Structure: 15 feet.

[2] Driveway: five feet, except in the case of a flag lot or a common driveway.

(c) Rear: 60 feet.

(5) Minimum habitable floor area:

(a) One story: 1,460 square feet.

(b) Over one story: 2,160 square feet.

[1] Editor's Note: This ordinance also repealed former § 225-12, R-A Mixed Residential District.

§ 350-14 MHR Medium-High 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) Single-family detached and semidetached dwellings:

(a) Minimum lot area: 11,250 square feet.

(b) Maximum lot coverage: 20%.

(c) Minimum lot width: 80 feet.

(d) Maximum building height: 30 feet.

(e) Minimum setback:

[1] Front: 35 feet; 60 feet on a major highway.

[2] Side: 10 feet for detached; 15 total for semidetached.

[3] Rear: 35 feet.

(f) Minimum habitable floor area: one story, 1,000 square feet; over one story, 1,300 square feet.

(2) Two-family dwellings:

(a) Minimum lot area: 15,000 square feet.

(b) Maximum lot coverage: 25%.

(c) Minimum lot width: 80 feet.

(d) Maximum building height: 30 feet.

(e) Minimum setback:

[1] Front: 35 feet; 70 feet on a major highway.

[2] Side: 15 feet.

[3] Rear: 35 feet.

(f) Minimum habitable floor area: 1,500 square feet total.

(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.

(h) [2]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]

[2] Editor's Note: Former Subsection B(3)(h), regarding maximum building length, as amended 6-17-2010 by L.L. No. 5-2010, was deleted at the direction of the Town. See now Subsection B(3)(d).

(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%.

D. Site plan approval is required for multiple-family dwellings, townhouse buildings, and garden homes under Chapter 269 of this Code.

[Amended 9-5-2013 by L.L. No. 5-2013]

[1] Editor's Note: This ordinance also repealed former § 225-13, R-B Multiple-Family Residential District.

§ 350-15 LMR Low-Medium 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:

(1) Single-family detached and semidetached dwellings.

(2) Two-family dwellings.

(3) [2]Townhouses.

[2] Editor's Note: Former Subsection A(3), multiple-family dwellings, was repealed 1-7-2010 by L.L. No. 1-2010. This local law also redesignated former Subsection A(4) and (5) as Subsection A(3) and (4).

(4) Communications towers upon the issuance of a special use permit by the Town Board.

[Added 12-21-1996 by L.L. No. 8-1996]

(5) Emergency medical services.

[Added 5-1-2014 by L.L. No. 4-2014]

B. Dimensional regulations:

(1) Single-family detached and semidetached dwellings:

(a) Minimum lot area: 13,500 square feet.

(b) Maximum lot coverage: 20%.

(c) Minimum lot width: 85 feet.

(d) Maximum building height: 30 feet.

(e) Minimum setback:

[1] Front: 35 feet; 60 feet on a major highway.

[2] Side: 10 feet for detached; 15 feet for semidetached.

[3] Rear: 50 feet.

(f) Minimum habitable floor area: one story, 1,000 square feet; over one story, 1,300 square feet.

(2) Two-family dwellings:

(a) Minimum lot area: 16,500 square feet.

(b) Maximum lot coverage: 25%.

(c) Minimum lot width: 85 feet.

(d) Maximum building height: 30 feet.

(e) Minimum setback:

[1] Front: 35 feet; 70 feet on a major highway.

[2] Side: 15 feet.

[3] Rear: 50 feet.

(f) Minimum habitable floor area: 1,500 square feet total.

(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%.

D. Site plan approval is required for multiple-family dwellings and townhouse buildings under Chapter 269 of this Code.

[1] Editor's Note: This ordinance also repealed former § 225-14, R-C Multiple-Family Residential District.

§ 350-16 LC Class I Neighborhood Commercial 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.

(46) Communications towers upon the issuance of a special use permit by the Town Board.

[Added 12-21-1996 by L.L. No. 8-1996[2]]

[2] Editor's Note: This local law also renumbered former Subsection A(46) as A(47).

(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. Dimensional requirements shall be as follows:

(1) Minimum lot area: 15,000 square feet.

(2) Maximum lot coverage: 20%.

(3) Minimum lot width: 75 feet.

(4) Maximum building height: 35 feet.

(5) Minimum setbacks:

(a) Front: 10 feet.

(b) Side:

[Amended 9-3-2009 by L.L. No. 2-2009]

[1] Structure: 10 feet.

[2] Driveway: five feet, except in the case of a flag lot or a common driveway.

(c) Rear: 25 feet.

(6) Minimum buffer area (except where the district buffer area is applicable):

(a) Front: 10 feet.

(b) Side: 10 feet total.

(c) Rear: 25 feet.

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]

D. Site plan approval under Chapter 269 of this Code is required.

[1] Editor's Note: This ordinance also repealed former § 225-15, R-O Multiple-Family Business Office District, as amended.

§ 350-17 LC Class II Low-Intensity Commercial District.

[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:

(a) Permitted uses greater than 5,000 square feet.

(b) Combinations of permitted uses into larger buildings, providing that the architectural style and detail is consistent with the residential nature of the surrounding areas.

(c) Outdoor sports facilities.

(d) Indoor sports facilities consistent with Subsection A(7)(a) and (c) above.

B. Dimensional requirements shall be as follows:

(1) Minimum lot area: 30,000 square feet.

(2) Maximum lot coverage: 20%.

(3) Minimum lot width: 125 feet.

(4) Maximum building height: 35 feet.

(5) Minimum setbacks:

(a) Front: 75 feet.

(b) Side:

[1] Structure: 20 feet.

[2] Driveway: five feet, except in the case of a flag lot or a common driveway.

(c) Rear: 50 feet.

(6) Minimum buffer area (except where the district buffer area is applicable):

(a) Front: 50 feet.

(b) Side: 20 feet total.

(c) Rear: 25 feet.

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.

D. Site plan approval under Chapter 269 of this Code is required.

[1] Editor's Note: This ordinance also repealed former § 225-16, R-R Residential Recreation District.

§ 350-18 MC Medium-Intensity Commercial 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.

(24) Any accessory use to a permitted use upon the approval and issuance of a special use permit by the Planning Board pursuant to the procedures and standards as set forth in Chapter 269, Article IV, of the Webster Town Code.

(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) Uses requiring a special use permit by the Town Board under Chapter 269, Article III:

(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.

[8] Kennels shall comply with the requirements of Chapter 140, Dogs and Other Animals.

[9] Fences shall comply with § 350-79, Fences.

[10] In reviewing an application for a kennel special use permit, in addition to the criteria in Chapter 269, Article III, the Town Board may also consider:

[a] Provisions for controlling odors and noise.

[b] Waste disposal plan.

[c] Supervision of animals.

[d] Adequacy of outdoor areas.

[e] Visual buffering.

[f] Soundproofing for buildings

[g] Maximum number of animals to be maintained.

[h] Hours of operation.

B. Dimensional requirements shall be as follows:

(1) Minimum lot area: 45,000 square feet.

(2) Maximum lot coverage: 20%.

(3) Minimum lot width: 150 feet.

(4) Maximum building height: 35 feet.

(5) Minimum setbacks:

(a) Front: 50 feet.

(b) Side: 20 feet.

(c) Rear: 75 feet.

(6) Minimum buffer area (except where the district buffer area is applicable):

(a) Front: 50 feet.

(b) Side: 20 feet total.

(c) Rear: 25 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 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.

D. Site plan approval under Chapter 269 of this Code is required.

[1] Editor's Note: This ordinance also repealed former § 225-17, C-A Commercial Automotive District.

§ 350-19 HC High-Intensity Commercial District.

[Added 6-17-1993[1]; amended 12-21-1996 by L.L. No. 8-1996; 11-21-2002 by L.L. No. 6-2002]

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.

(6) Minimum setbacks:

(a) Front: 150 feet.

(b) Side: 75 feet.

(c) Rear: 50 feet.

(7) Minimum buffer area (except where the district buffer area is applicable):

(a) Front: 100 feet.

[Amended 2-18-2010 by L.L. No. 3-2010]

(b) Side: 75 feet.

(c) Rear: 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:

(a) The plan is conceptually sound in that it meets a community need.

(b) The plan encourages sound development in the interest of safety and the general welfare of the public.

(c) The plan shows a development pattern in harmony with the Town Comprehensive Plan.

(2) Site plan approval under Chapter 269 of this Code is required.

[1] Editor's Note: This ordinance also repealed former §  225-18, C-H Commercial Highway District.

§ 350-20 CO Commercial Outdoor Storage 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.

(2) Motor vehicle service station, with or without incidental gasoline sales. (See § 350-70).

(3) Motor vehicle parts and accessories sales.

(4) Car wash.

(5) Truck garden, nursery and florist.

(6) Communications towers.

[Added 12-21-1996 by L.L. No. 8-1996[2]]

[2] Editor's Note: This local law also renumbered former Subsection A(6) as A(7).

(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. Dimensional requirements shall be as follows:

(1) Minimum lot area: 62,500 square feet.

(2) Maximum lot coverage: 20%.

(3) Minimum lot width: 250 feet.

(4) Maximum building height: 35 feet.

(5) Minimum setbacks:

(a) Front: 75 feet.

(b) Side: 25 feet.

(c) Rear: 25 feet.

(6) Minimum buffer area:

(a) Front: 50 feet.

(b) Side: 25 feet.

(c) Rear: 25 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 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.

D. Site plan approval under Chapter 269 of this Code is required.

[1] Editor's Note: This ordinance also repealed former §  225-19, C-S Commercial Shopping Center District.

§ 350-21 OP Core Area North - Office Park.

[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]

(a) Permitted uses:

[1] Single-family detached and semidetached dwellings.

[2] Two-family dwellings.

[3] Multiple-family dwellings.

[4] Townhouses.

(b) Dimensional regulations:

[1] Single-family detached and semidetached dwellings:

[a] Minimum lot area: 11,250 square feet.

[b] Maximum lot coverage: 20%.

[c] Minimum lot width: 80 feet.

[d] Maximum building height: 30 feet.

[e] Minimum setback:

[i] Front: 35 feet; 60 feet on a major highway.

[ii] Side: 10 feet for detached; 15 total for semidetached.

[iii] Rear: 35 feet.

[f] Minimum habitable floor area: one story, 1,000 square feet; over one story, 1,300 square feet.

[2] Two-family dwellings:

[a] Minimum lot area: 15,000 square feet.

[b] Maximum lot coverage: 25%.

[c] Minimum lot width: 80 feet.

[d] Maximum building height: 30 feet.

[e] Minimum setback:

[i] Front: 35 feet; 70 feet on a major highway.

[ii] Side: 15 feet.

[iii] Rear: 35 feet.

[f] Minimum habitable floor area: 1,500 square feet total.

[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.

(3) Adult uses as defined in § 261-2.

(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.

(5) Maximum building height:

(a) Fifty-five feet, unless adjoining a residential district.

(b) Thirty-five feet within 500 feet of a residential district.

(6) Minimum setbacks:

(a) Front: 80 feet.

(b) Side: 40 feet.

(c) Rear: 80 feet.

(7) Minimum buffer area (except where the district buffer area is applicable):

(a) Front: 50 feet.

(b) Side: 20 feet.

(c) Rear: 25 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:

(a) The plan is conceptually sound in that it meets a community need.

(b) The plan encourages sound development in the interest of safety and the general welfare of the public.

(c) The plan shows a development pattern in harmony with the Town Comprehensive Plan.

(2) Site plan approval under Chapter 269 of this Code is required.

I. Special requirements.

[Added 5-7-2004 by L.L. No. 1-2004]

(1) Sidewalks and trails. The Planning Board may require sidewalks and trails.

(2) Landscaping plans should incorporate a street/tree landscaping program similar to that in the 404 Corridor Study by the Genesee Transportation Council.

§ 350-22 I-N Industrial District.

The following shall apply in the I-N District:

A. Permitted uses shall be as follows:

[Amended 6-17-1993]

(1) Adult uses, which must comply with Chapter 261 of the Code of the Town of Webster.

[Added 1-20-1994 by L.L. No. 1-1994[1]]

[1]

(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.

(16) Communications towers.

[Added 12-21-1996 by L.L. No. 8-1996[2]]

[2] Editor's Note: This local law also renumbered former Subsection A(16) as A(17).

(17) Indoor sports arena facilities in excess of 30,000 square feet.

[Added 5-21-1998[3] ]

[3] Editor's Note: This resolution also provided that former Subsection A(17), regarding other industrial uses, be renumbered as Subsection A(18).

(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.

[8] Kennels shall comply with the requirements of Chapter 140, Dogs and Other Animals.

[9] Fences shall comply with § 350-79, Fences.

[10] In reviewing an application for a kennel special use permit, in addition to the criteria in Chapter 269, Article III, the Town Board may also consider:

[a] Provisions for controlling odors and noise.

[b] Waste disposal plan.

[c] Supervision of animals.

[d] Adequacy of outdoor areas.

[e] Visual buffering.

[f] Soundproofing for buildings

[g] Maximum number of animals to be maintained.

[h] Hours of operation.

B. Dimensional requirements shall be as follows:

(1) Minimum lot area: 62,500 square feet.

(2) Maximum lot coverage: 30%.

(3) Minimum lot width: 250 feet.

(4) Minimum lot depth: 250 feet.

(5) Maximum building height: three stories or 50 feet, whichever is less.

(6) Minimum setbacks:

[Amended 6-17-1993]

(a) Front: 80 feet.

(b) Side: 40 feet.

(c) Rear: 80 feet.

(7) Minimum buffer area (except where district buffer is applicable):

[Added 8-4-1994]

(a) Front: 50 feet.

(b) Side: 20 feet.

(c) Rear: 25 feet.

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.

[5] Editor's Note: This ordinance also relettered former Subsection C (Use permits required; plans and data; reviews; permit revocations) as Subsection D.

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.

(d) All signs shall conform to the Sign Law of the Town of Webster.[6]

[6] Editor's Note: See Ch. 178, Signs.

(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]

E. Site plan approval under Chapter 269 of this Code is required.

[Added 6-17-1993]

§ 350-23 PDD Progressive Development Overlay District. [1]

[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:

(a) The plan is conceptually sound in that it meets a community need; and

(b) The plan encourages sound development in the interest of the safety and the general welfare of the public; and

(c) The plan shows a development pattern in harmony with this chapter and the Town Comprehensive Plan.

(6) The Town Board's approval of the use of the overlay district and acceptance of the development plan shall constitute authorization to the Planning Board to conduct site plan review in accordance with such development plan(s) and the provisions of Chapter 269 of this Code.

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:

(a) If such changes arc in accordance with a development option accepted by the Town Board as part of the development plan; or

(b) As long as the total changes do not exceed l 0% of the development plan accepted by the Town Board.

(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.

(6) The Planning Board shall comply with the procedures and schedules set forth in Chapter 269, Article II, of this Code.

(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.

§ 350-24 O-S Open Space Overlay District.

[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.

D. Site plan approval. Site plan approval under Chapter 269 shall be required.

§ 350-25 WD Waterfront Development District.

[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:

(a) Single-family detached dwellings, as defined in § 350-3.

(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)]

(a) Home occupations, as defined in § 350-3 of this chapter.

(b) Private garages and carports.

(c) Swimming pools, subject to the provisions of Chapter 300 of the Code of the Town of Webster and § 350-46 of this chapter.

(d) Fencing, subject to § 350-79 of the Code of the Town of Webster.

(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.

[4] Dimensional and setback requirements for signs oriented toward streets or highways shall be in accordance with the Town's Sign Law.[1] Rooftop signs are expressly prohibited.

[1] Editor's Note: See Ch. 178, Signs.

(h) Parking of trucks, vans and other similar vehicles, subject to the applicable provisions of §§ 350-44 and 350-45 and the provisions of Article VII of this chapter.

(i) Storage of mobile homes, motor homes, house trailers, campers, camping trailers, truck campers, utility campers, boats and boat trailers, subject to the applicable provisions of § 350-45 and Article VII of this chapter.

(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.

(l) Outdoor storage of boats, subject to special use permit approval issued by the Town Board in accordance with the provisions of Chapter 269 of this Code.

(m) Fishing piers, docks and wharves when approved in accordance with Article IV of this chapter.

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.

[2] Residential uses.

[a] Single-family detached, three spaces per dwelling unit.

[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.