[Added 5-1-1986 by L.L. No. 4-1986]
A.
The Open Space (OS) District is designed to provide
a suitable character and stable environment for the establishment
and maintenance of recreational and open space used and activities
conducted within the Town of Irondequoit. The district is designed
to protect publicly owned lands within the Town from development pressures
and to preserve and enhance the unique and sensitive environmental
features that exist in most open space areas within Irondequoit. The
district is also designed to encourage land uses and development patterns
that respect and are consistent with those unique and sensitive environmental
features.
B.
The Open Space (OS) District permits recreational
and open space uses that serve the residents and visitors to the Town
and that generally preserve and enhance the unique aesthetic and environmental
qualities of open space areas. The purpose of this district includes
the following specific goals:
(1)
To ensure that development and land use activity within
open space areas along the shorelines of Lake Ontario and Irondequoit
Bay is consistent with the policies and objectives of the Town of
Irondequoit's Local Waterfront Revitalization Program (LWRP).
(2)
To provide sufficient space in appropriate locations
for recreational activities, landscaped areas and buffers, wildlife
habitats and other public uses in order to meet the various recreational
and quality-of-life needs of the Town of Irondequoit's present and
future populations.
(3)
To recognize the sensitivity of open space areas as
unique environmental and recreational resources and to protect these
areas from environmentally destructive uses and activities.
(4)
To encourage land use and development activity that
is in harmony with its environment and that does not conflict with
the preservation of the natural beauty of the Town's open space areas.
(5)
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 and to protect
the character of the district and its peculiar suitability for particular
uses.
(6)
To preserve areas that are naturally unsuited for
development or that have unique historical, aesthetic or environmental
significance.
(7)
To protect and enhance existing park lands, playgrounds
and other publicly owned areas within the Town, to provide areas for
the development of public service facilities within the Town and to
establish a pattern of open space within the Town that contributes
to the value and attractiveness of property, the maintenance of unique
environmental areas and the general quality of life of the residents
of Irondequoit.
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 Irondequoit as an Open Space (OS) District except for the following principal and customarily incidental accessory uses:
A.
Principal uses.
(1)
Public parks and playgrounds, public indoor and outdoor recreational facilities 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 Article XV of this chapter.
(2)
Municipally owned and/or operated buildings or structures and other strictly governmental uses and activities, including, but not limited to, schools; museums; water collection, storage and distribution systems; 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 Article XV of this chapter.
(3)
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 things 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 Article XV of this chapter.
(4)
Public or private botanical gardens, arboretums, conservatories and other similar uses, subject to site plan review and approval issued by the Town Planning Board in accordance with the provisions of Article XV of this chapter.
(5)
Cemeteries, including associated facilities such as mausoleums, columbariums, crematories and chapels, provided that no such structure or facility constructed after the effective date of this chapter shall be located within 50 feet of any residential district boundary line, and subject to special use permit approval issued by the Town Planning Board in accordance with the provisions of Article XV of this chapter;
(6)
Outdoor commercial recreational facilities limited to golf courses, swimming pools, skating rinks, archery ranges, playgrounds, athletic fields or court games, operated for gain, subject to special use permit approval issued by the Town Planning Board in accordance with the provisions of Article XV of this chapter.
(7)
Private clubs or camps, private membership clubs, lodges or fraternal organizations, neighborhood or community centers, YMCA or YWCA or other similar use, subject to special use permit approval issued by the Town Planning Board in accordance with the provisions of Article XV of this chapter.
(8)
Zoos subject to special use permit approval issued by the Town Planning Board in accordance with the provisions of Article XV of this chapter.
(9)
Plant nurseries subject to special use permit approval issued by the Town Planning Board in accordance with the provisions of Article XV of this chapter.
(10)
Commercial facilities incidental to the operation of public recreational uses, including, but not limited to, such things as refreshment stands, small concessionaire shops dispensing sporting goods, miniature golf and similar amusement and recreational facilities, subject to special use permit approval issued by Town Planning Board in accordance with the provisions of Article XV of this chapter.
(11)
Public utility building or structures, including, but not limited to, electrical substations, subject to special use permit approval issued by the Town Planning Board in accordance with the provisions of Article XV of this chapter.
(12)
Combinations of permitted principle uses based on a determination by the Town Planning Board that such combinations are appropriate for the proposed open space area and are compatible with the purpose and intent of this district, subject to special use permit approval issued by the Town Planning Board in accordance with the provisions of Article XV of this chapter.
(13)
Other uses not specifically listed above but which, based on a determination by the Town Planning Board, are deemed appropriate for open space areas, are similar in nature to permitted principle uses and are compatible with the purpose and intent of this district, subject to special use permit approval issued by the Town Planning Board in accordance with the provisions of Article XV of this chapter.
B.
Accessory uses (located on the same lot with a permitted
principle use):
(2)
Sheds, cabanas or similar accessory structures subject to those dimensional and setback requirements applicable to private garages and carports as noted in Article IV of this chapter.
(3)
Radio, TV or CB antennas subject to the provisions of § 235-72 of this chapter. Those structures that require a permit from the Town Zoning Board of Appeals shall also be subject to special use permit approval issued by the Town Planning Board in accordance with the provisions of Article XV of this chapter.
(4)
Signage, subject to the following restrictions:
(a)
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 Planning Board in accordance with the provisions of Article XV of this chapter. Real estate signs shall be subject to the applicable provisions of § 235-16 of this chapter.
(b)
Signs may be illuminated with a constant source,
but flashing, neon, revolving, animated or similar type signs are
prohibited.
(c)
Dimensional and setback requirements for all
signs oriented towards streets or highways shall be determined.
[Amended 2-4-1997 by L.L. No. 1-1997]
(5)
Parking of trucks, vans and other similar vehicles, subject to the applicable provisions of Article IV of this chapter.
(6)
Dumpsters and other similar outdoor refuse containers or enclosures, provided that such uses are located at least four feet from any lot line, and subject to site plan review and approval issued by the Town Planning Board in accordance with the provisions of Article XV of this chapter.
(7)
Outdoor storage of boats associated with public recreational facilities, subject to special use permit approval issued by the Town Planning Board in accordance with the provisions of Article XV of this chapter.
(8)
Fishing piers, docks, wharves, boat launching ramps and similar waterfront structures and facilities associated with public recreational facilities, subject to all applicable state regulations and approvals and to the applicable provisions of Article IX of this chapter, as well as special use permit approval issued by the Town Planning Board in accordance with the provisions of Article XV of this chapter.
A.
Required minimum lot size. The required minimum lot
sizes for all principle uses permitted in the Open Space (OS) District
shall be established by the Town Planning Board during the site plan
review and approval process or the special use permit approval process.
The required minimum lot size shall be based on the amount of land
area necessary to adequately accommodate the proposed principle 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 requirements regarding the maximum percentage of lot
occupancy contained in this section, the need to protect the proposed
use from surrounding land use development patterns and the need to
protect sensitive environmental areas, significant historic or archaeological
areas or scenic views or vistas.
B.
Required minimum building setbacks (required front,
side and rear yards). Setbacks of buildings and structures from all
other buildings and structures on the lot and from property lines
for all other permitted principle and accessory uses identified in
this section shall be determined by the Town Planning Board during
the site plan review and approval process or the special use permit
process and shall be based on the following requirements and guidelines:
(1)
Principle buildings, parking areas and accessory structures,
excluding such facilities as docks, piers, wharves and boat ramps,
shall be set back a minimum of 25 feet inland from the high water's
edge, in order to maintain adequate access to the shore zone.
(2)
Principal building, parking areas and accessory structures
shall 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)
Principle buildings, parking areas, accessory structures
or areas of concentrated outdoor activity shall be set back a minimum
of 25 feet from any residential lot or district.
(4)
Principle building and accessory structure setbacks
should be established with due consideration for provisions for fire
protection services and adequate access for fire and emergency equipment
within and around the site.
(5)
Principle building and accessory structure setbacks
should be established with due consideration for the protection and
preservation of unique and sensitive environmental features, the maintenance
of wooded areas, wildlife habitats, scenic vistas, stream beds and
slope areas and the requirement to adequately buffer adjacent land
uses from intense outdoor recreational activities.
(6)
Principle building and accessory structure setbacks
should be established with due consideration to the use of clustering
as an appropriate site design technique.
C.
Maximum building heights.
(1)
Maximum building heights for all permitted principle
uses specified in this section shall not exceed 35 feet, except where
it has been determined by the Town Planning Board during the site
plan or special use permit review and approval process that, based
on a visual analysis of the site prepared and submitted by the applicant
and reviewed by the Board, such building height would interfere with
identified scenic views or vistas or destroy the aesthetic integrity
of the waterfront area. In such cases, the Town Planning Board shall
be empowered to establish maximum principle building heights in order
to protect the scenic views and vistas and the aesthetic character
of open space areas in general.
(2)
Accessory structures shall not exceed a maximum height
of 15 feet, unless otherwise specified or regulated in this chapter.
D.
Maximum density/maximum percentage of lot occupancy.
The total overall ground coverage of all principle and accessory buildings,
parking areas and other impervious surfaces on any lot in any Open
Space (OS) District shall not exceed 50% of the total lot area. The
remainder of the lot shall be for open space and/or landscaped areas.
A.
Off-street parking spaces and loading facilities must
be provided for all uses specified in this article, in accordance
with the provisions of this article and the following additional requirements:
(1)
All parking spaces shall be set back a minimum of
15 feet from any street line or property line to provide for proper
landscaping and buffering.
B.
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 or special use permit review and approval
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.
A.
When a use is the first to develop on two adjacent vacant parcels, this first use shall be required to meet minimum setbacks, but shall not be required to provide a buffer yard. The second use to develop shall, at the time it is constructed, provide all additional plant material and/or land necessary to provide the total buffer yard required between the two uses, subject to the appropriate requirements contained in Article IX of this chapter. Existing plant materials and/or land located on the preexisting (first developed) land use which meet the requirements of this section may be counted as contributing to the total buffer yard required between it and the second (adjacent) land use to be developed.
[Amended 2-4-1997 by L.L. No. 1-1997]
B.
Required setbacks for parking areas shall be landscaped
and buffered as much as possible. A reasonable reduction in the size
and number of parking spaces required for a project shall be permitted
by the Town Planning Board where it can be demonstrated by the applicant
that such a reduction will not create overflow parking problems and
that the additional space will be used for landscaping or open space
within the site.
C.
Outdoor storage of boats and equipment, outdoor dumpsters,
sheds, etc., shall be adequately and properly buffered using trees,
berms, etc.
D.
Where practical, trees with a diameter or caliper
of three inches or greater shall be retained on the site.
All lighting shall be located and shielded so
as to prevent the direct glare of beams onto adjacent residential
properties and streets.
All public address systems, loudspeakers or
other similar sound-producing activities shall be designed, located
and operated so as to avoid any undue disturbance or any nuisance
within the surrounding area.
