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 a River Harbor (RH) District, except for the following principal and customarily incidental accessory uses with a special use permit and site plan approval from the Town Planning Board per Articles
XVI and
XV of Chapter
235, Zoning, of the Town of Irondequoit Code and in conformance with the design guidelines pursuant to this chapter.
A. Principal uses:
(1) Single-family dwellings.
[Amended 3-19-2015 by L.L. No. 2-2015]
(2) Multifamily dwellings, apartment buildings or other
similar uses.
(3) Townhouses, single-family attached dwellings, row
houses and other similar uses.
(4) Public parks, playgrounds or similar public recreational
uses authorized or operated by a public agency and not operated for
gain.
(5) Commercial parks, playgrounds, tennis/racquetball
clubs or other similar uses operated for gain.
(6) 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, volunteer fire departments,
ambulance service stations, and recreational facilities, historic
sites, etc.
(7) Private clubs or camps, private membership clubs,
lodges or fraternal organizations, neighborhood or community centers,
YMCA or YWCA or other similar uses.
(8) Restaurants or eating establishments, including takeout
food businesses but excluding drive-thru food or beverage stands.
(9) Motels, hotels or boatels.
(10)
Yacht clubs or other similar uses.
(11)
Marinas, boat docks, docking basins, boat-launching
ramps, including related retail sales of pleasure boats, marine and
fishing supplies.
(12)
Car-top boat and canoe sales, display and launch
areas.
(13)
Boat building and boat construction facilities,
including boat service, repair, rental and storage.
(14)
Stores, shops and boutiques designated for festive
retail uses and activities.
(15)
Employment and travel agencies.
(16)
Personal service shops such as hair/beauty salons,
pharmacies, dry-cleaning and laundry shops (pickup service only).
(17)
Professional offices for attorneys, physicians,
physical therapy, physicians' associates and specialists' assistants,
chiropractic, dentistry and dental hygiene, veterinary medicine, nursing,
podiatry, optometry, ophthalmic dispensing, engineering and land surveying
architecture, landscape architecture, land use planning, accountants,
shorthand reporting, psychology, speech pathologists, audiologists,
occupational therapy and other similar professionals.
(18)
Real estate and insurance offices.
(19)
Banks and related financial services offices.
(20)
Baking, confectionery, dressmaking, tailoring
shops, provided that all goods or products manufactured or processed
shall be sold at retail on the premises and not more than five persons
shall be employed at the site at one time.
(21)
Public utility buildings or structures, including,
but not limited to, electrical telephone and cable substations.
(22)
Combinations of permitted principal uses based
on a determination by the Town Planning Board that such combinations
are appropriate and compatible with the purpose and intent of this
district as well as the goals and policies of the Town's local waterfront
revitalization program (LWRP).
B. Principal use restrictions and/or additional requirements.
All principal uses permitted within a River Harbor (RH) District shall
be subject to the following restrictions and/or additional requirements:
(1) Any of the 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 of such building or absent such building, subject to special use permit and site plan approval issued by the Town Planning Board in accordance with the provisions of Articles
XVI and
XV of this chapter.
C. Accessory uses (located on the same lot with a permitted
principal use):
(1) Home occupations subject to the applicable provisions of Article
IV of this chapter.
(2) Private garages and carports subject to the applicable provisions of Article
IV of this chapter.
(3) Swimming pools subject to the provisions of §
235-71 of this chapter.
(4) Fencing subject to the provisions of §
235-69 of this chapter.
(5) Radio, TV or CB antennas and telecommunication towers subject to the provisions of Article
XXII 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.
(7) Gazebos and other similar outdoor features for the
use and enjoyment of district residents subject to a special use permit
and site plan approval requirements of this chapter.
(8) Parking and storage of commercial and recreational vehicles for residential use are subject to the applicable provisions of Article
XX of this chapter.
(9) Waterfront structures and facilities.
(a)
Fishing piers, docks, wharves, boat-launching ramps and similar waterfront structures and facilities, when such uses are clearly accessory or incidental to the primary, principal use of the property, subject to all applicable state regulations and approvals and subject to special use permit and site plan approval issued by the Town Planning Board in accordance with the provisions of Articles
XV and
XVI of this chapter.
[1]
Similar waterfront structures and facilities
shall include:
[a] Facilities for the pumping out
of marine holding tanks;
[b] Facilities for waste oil collection;
[c] Facilities for the sale and dispensing
of fuel and lubricants for boats and boatyard equipment;
[d] Facilities for the storage of fuel;
and
[e] Facilities for the sale of food
and beverages for off-premises consumption and the sale of fishing
and boating supplies.
[2]
The following additional requirements shall
apply to all such structures and facilities:
[a] The construction of such structures
and facilities shall be undertaken in such a way so as not to impair
water quality, cause harm to fish spawning grounds, destroy the natural
beauty of the riverfront, reduce the stability of steep slope areas,
cause erosion or sedimentation problems along the riverfront, impede
views and vistas, create hazards for navigation, interfere with the
public use and enjoyment of the water surface or riverfront, or otherwise
threaten the public health and safety.
[b] Design standards for piers, docks
and wharves shall be determined based on the information contained
in Plate 1, entitled "Dock, Slip and Boat Basin Standards," at the
end of the Waterfront Development (WD) District.
[c] Such structures and facilities
shall only be constructed of materials which are stable, chemically
inert and insoluble and which will have no adverse effects on water
quality. Such materials shall also be Coast Guard approved.
[d] The amount of grading, dredging,
earthmoving and disturbance of land above and below water during the
construction of such structures and facilities shall be minimized
as much as possible and shall be consistent with the permit requirements
of the New York State Department of Environmental Conservation and
the United States Army Corps of Engineers.
[e] To permit the free circulation
of water, reduce the effects of fluctuating water levels and prevent
adverse modifications of the riverfront, piers, docks and wharves
shall be of floating construction wherever feasible and shall not
be of rock-filled cribbing, sheet piling, closely spaced piling or
such other construction which would significantly impair water circulation.
[f] There shall be no superstructure
permitted above the decks of piers, docks or wharves except those
structures that are accessory to marinas.
[g] No pier, dock or wharf shall be
constructed in a configuration other than straight or T-, L-, U- or
F-shaped.
[h] The width of any pier, dock or
wharf shall not exceed eight feet.
[i] Every pier, dock or wharf that
is constructed shall have a minimum clearance or setback of 10 feet
from adjacent property lines, as extended at a ninety-degree angle
from the riverfront, to allow adequate vessel access to neighboring
riverfront parcels.
[j] Piers, docks or wharves that are
40 feet or longer in length shall, during the hours of darkness, be
lighted in such a manner so as to not constitute a hazard to navigation.
[k] Lighting of the surface of any
pier, dock or wharf shall be provided in such a manner so as not to
produce any offensive glare when viewed from the water or the land.
The use of lowmast lighting fixtures and deflector shields to direct
the light downward shall be required to reduce or eliminate glare.
[l] The number of private piers, docks
or wharves permitted per each waterfront lot used for single-family
residential purposes shall not exceed the following:
[i] One hundred feet or less of water
frontage: a total of one such structure.
[ii] One hundred one feet to 250 feet
of water frontage: a total of two such structures.
[iii] Two hundred fifty-one feet to
500 feet of water frontage: a total of three such structures.
[iv] Each 150 feet of water frontage
in excess of 500 feet: one additional structure shall be allowed.
[m] The number of piers, docks or wharves
permitted per each waterfront lot used for multifamily, townhouse
or condominium purposes shall not exceed one such structure per residential
unit built.
[n] The number of piers, docks or wharves
permitted per each waterfront lot used for commercial purposes shall
not exceed three such structures per lot. The construction of more
than three such structures per commercially used lot shall be subject
to a determination by the Town Planning Board that such additional
structures are needed to accommodate anticipated boat traffic and
can be developed on the site without adversely affecting existing
environmental conditions or natural features.
(b)
Accessory dredging and filling, when clearly incidental to the principal use permitted on the parcel, subject to all applicable state regulations and approvals and to special use permit approval issued by the Town Planning Board in accordance with the provisions of Articles
XV and
XVI of this chapter.
No permits shall be issued pursuant to the foregoing
regulations of this article until and unless a site development plan
for such proposed use has been presented to and approved by the Planning
Board, which shall consider and determine that all requirements of
this chapter have been met; and, further, they shall approve, approve
with modifications, or disapprove the site development plan in accordance
with the following standards:
A. The conditions necessary to restrict, safeguard and
protect property values in the vicinity of the proposed site and to
protect the health, safety, morals, peace and general welfare of the
Town.
B. The effect of the proposed use on the development
and characteristics of the area and upon the development and conduct
of other lawful uses in the vicinity.
C. Whether the proposal and its use will be in harmony
with the character of the area.
D. Whether the proposed use will be consistent with the
purpose and goals of the River Harbor (RH) District.
E. Whether the proposed use will create hazards and dangers
to the general public or to persons in the vicinity from the point
of view of traffic congestion, crowds, fire protection and parking
of automobiles.