[Added 9-25-2001 by L.L. No. 13-2001; amended 1-22-2002 by L.L. No. 2-2002]
A.
The River Harbor (RH) 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 east bank of the Genesee River near the Port
of Rochester. The district is also designed to promote appropriate
residential and economic development and to provide improved public
access to the riverfront. Other goals of the district include the
protection of the unique and sensitive environmental features that
exist along the riverfront and to promote the public health, safety
and general welfare.
B.
The River Harbor (RH) District permits moderate-to-high-density
residential development, as well as certain commercial and recreational
and open space uses that serve the residents of and visitors to this
district and that generally benefit from and enhance the unique aesthetic
and environmental qualities in the vicinity of the Town's riverfront
area. The purpose of this district includes the following specific
goals:
(1)
To ensure that development and land-use activity along
the east bank of the Genesee River near the Port of Rochester is consistent
with the policies and objectives of the Town of Irondequoit's local
waterfront revitalization program (LWRP). and complementary, as much
as possible, to the zoning regulations and LWRP policies of adjacent
areas of the city of Rochester.
(2)
To provide sufficient space in appropriate riverfront
locations for public access, residential development, recreation activities,
certain commercial activities and other water-dependent and/or water-enhanced
uses, in order to meet the various economic, housing and recreation
needs of the Town of Irondequoit's present and future populations.
(3)
To recognize the sensitivity of riverfront area as
a unique environmental and recreational resource and to protect these
areas from environmentally destructive uses and activities.
(4)
To provide for a desirable mix of commercial uses
and active and passive recreational opportunities that take advantage
of the unique locations and characteristics of the Town's riverfront
area.
(5)
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 riverfront area.
(6)
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.
(7)
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.
(8)
To encourage a flexibility of design, preservation
of unique environmental features and maintenance of the aesthetic
quality of riverfront areas by permitting the Town Planning Board
to establish minimum dimensional requirements for permitted principal
and accessory uses and to review other pertinent design aspects of
such proposed projects.
(9)
To preserve, wherever feasible, the existing vegetation
to prevent, as much as possible, significant problems of erosion,
sedimentation and drainage, both during and after construction.
(10)
To encourage and facilitate water-dependent
and water-enhanced recreational development within the riverfront
zone as permitted principal uses or as accessory uses where compatible
with the primary purpose of the proposed development.
(11)
To promote the development, maintenance and/or
extension of public access to the riverfront where practical and feasible
and where such access relates to and is compatible with the primary
purpose of the proposed development or activity.
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[1] 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):
(2)
Private garages and carports subject to the applicable provisions of Article IV 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.
[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.
[1]
Editor's Note: Said map is on file in the
Town offices.
A.
Required minimum lot size.
(1)
No new principal building or structure to be used
as a single-family dwelling shall hereafter be erected on any lot
in a River Harbor (RH) District, unless such lot shall have a minimum
area of 5,000 square feet per dwelling unit.
[Amended 3-19-2015 by L.L. No. 2-2015]
(2)
No new principal building or structure to be used
as a townhouse, single-family attached dwelling, row house or other
similar use shall hereafter be erected on any lot in a River Harbor
(RH) District, unless such lot shall have a minimum area of 4,000
square feet per dwelling unit.
(3)
No new principal building or structure to be used
as a multifamily dwelling, apartment building or other similar use
shall hereafter be erected on any lot in a River Harbor (RH) District,
unless such lot shall have a minimum area of 2,500 square feet per
dwelling unit.
B.
Required minimum building setbacks (required front,
side and rear yards).
(1)
In order to establish suitable front, side and rear yards, principal buildings and accessory structures for single-family dwellings hereafter erected, structurally altered, reconstructed or moved in a (RH) River Harbor District shall be subject to the applicable setback provisions of Article IV of this chapter. Notwithstanding this requirement, the Town Planning Board, in accordance with the provisions of § 278 of New York State Town Law, as amended or changed, shall be empowered to modify the setback requirements and other applicable provisions of this chapter with respect to the approval of a plat or plats. The purpose of this authorization is to enable and encourage a flexibility of design and development of land in such a manner so as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, and to encourage and maintain adequate public access to the riverfront.
[Amended 3-19-2015 by L.L. No. 2-2015]
(2)
No residential building shall be located nearer than
20 feet to a zone district boundary or to any nonresidential use within
the River Harbor (RH) District.
C.
Height restrictions.
(1)
Maximum building heights for single-family dwellings
shall not exceed 35 feet.
[Amended 3-19-2015 by L.L. No. 2-2015]
(2)
Maximum building heights for attached dwellings, townhouses,
row houses, multifamily dwellings, apartment buildings and other similar
uses shall be determined by the Town Planning Board during the site
plan review and approval process and shall be based on a visual analysis
of the site prepared and submitted by the applicant as a part of that
review. The Town Planning Board shall be empowered to establish maximum
principal building heights and locations in order to preserve the
aesthetic integrity of riverfront areas and to protect any scenic
views or vistas identified in the visual analysis.
(3)
Accessory structures shall not exceed a maximum height
of 15 feet unless otherwise specified or regulated in this chapter.
D.
Lot coverage and impervious area ratio.
(1)
Ground coverage for principal and accessory buildings
on any lot with a single-family dwelling shall not exceed 35% of the
total area of such lot measured horizontally.
[Amended 3-19-2015 by L.L. No. 2-2015]
(2)
The maximum impervious area ratio for any lot with
a single-family dwelling shall not exceed 60% of the total area of
such lot measured horizontally.
[Amended 3-19-2015 by L.L. No. 2-2015]
(3)
Ground coverage for principal and accessory buildings
on any lot for residential use, other than single-family attached
dwellings, shall not exceed 30% of the total area of such lot measured
horizontally.
(4)
The maximum impervious area ratio for any lot for
residential use, other than single-family dwellings, shall not exceed
60% of the total area of any lot measured horizontally.
[Amended 3-19-2015 by L.L. No. 2-2015]
E.
Minimum building size.
(1)
No detached single-family residential dwelling shall
contain a total livable floor area of less than 1,100 square feet
and a ground floor area of less than 900 square feet.
(2)
In determining the floor area of a detached single-family
residential dwelling, the measurements shall be made along the exterior
of the main foundation walls of the building and shall exclude any
portion of uncovered porches, breezeways or garages.
(3)
Attached single-family dwellings, townhouses, row
houses or other similar uses shall have a total livable floor area
of at least 1,100 square feet and a ground floor area (exclusive of
garage) of at least 550 square feet.
(4)
Multifamily dwellings, apartment buildings or other
similar uses shall have a total livable floor area at least 480 square
feet for a one-bedroom unit, plus 100 square feet for each additional
bedroom. Notwithstanding the foregoing, studio apartments shall be
permitted with a livable floor area of at least 360 square feet for
each unit.
F.
Private garages. Each detached single-family residential
dwelling shall have an attached private garage with a maximum area
of 900 square feet and having frontage of not more than 30 feet.
A.
The required minimum lot size for all other nonresidential
principal uses permitted in the River Harbor District (RH) shall be
established by the Town Planning Board during the special use permit
and 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 and the need to protect
or buffer the proposed land use from sensitive environmental areas,
significant historic or archaeological areas or scenic views or vistas.
B.
Height restrictions. Maximum building heights for
all permitted nonresidential principal uses specified in this section
shall not exceed 60 feet, except where it has been determined by the
Town Planning Board during the special use permit and site plan review
and approval process that, based on a visual analysis of the site
plan prepared and submitted by the applicant and reviewed by the Board,
such building heights would interfere with identified scenic views
or vistas or destroy the aesthetic integrity of the riverfront area.
In such cases, the Town Planning Board shall be empowered to establish
maximum principal building heights in order to protect the scenic
views and vistas and the aesthetic character of the area.
A.
Off-street parking spaces and loading facilities shall be provided for all uses specified in this article, in accordance with the provisions of Article XIV of this chapter and the following additional requirements:
(1)
All parking spaces shall be set back a minimum of
25 feet from the water's edge and any street line and a minimum of
15 feet from any property line to provide for proper landscaping and
buffering.
(2)
Off-street parking in the River Harbor (RH) District
shall be provided in accord with the following minimum standards:
(a)
Marinas/boat-launching ramps. Single spaces
shall be nine feet by 18 feet. Dimensions for double spaces shall
be nine feet by 36 feet. All parking spaces shall be located within
1,000 feet of berths or ramps. Overflow parking should be placed at
the ends of the parking areas in any unusually shaped parcels. The
required minimum number of spaces shall be as indicated on the following
table:
|
Use
|
Number of Spaces
| |
|---|---|---|
|
Boat slips
|
0.6 per slip
| |
|
Boat slips including charter fishing
|
2
| |
|
Boat ramp
|
30 car trailer spaces, plus 10 single spaces
per ramp
| |
|
Retail
|
5 per 1,000 square feet of gross floor area
| |
|
Nonretail business and office uses
|
4 per 1,000 square feet of gross floor area
| |
|
Medical/dental offices
|
6 per 1,000 square feet of gross floor area
|
(c)
Hotels, motels and boatels: one space per room
or suite; plus one space per three employees on maximum shift; plus
one space per three persons to maximum capacity of public meeting
rooms; plus 50% of the spaces otherwise required for restaurants and
accessory uses.
(d)
Yacht clubs: one space per three persons to
maximum capacity of meeting rooms, plus 1.5 spaces per boat berth.
(e)
Restaurants.
(f)
Boat rentals: one space per boat under 16 feet
and 1.5 spaces per boat over 16 feet.
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 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 spaces 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.
Parking areas shall be landscaped and buffered as
much as possible.
B.
Outdoor storage of boats and equipment shall be adequately
buffered using trees and/or berms to screen the items being stored
from adjacent properties. The adequacy of the buffering shall be determined
by the Town Planning Board as part of the special use permit and site
plan review and approval process.
C.
Where practical, trees with a diameter or caliper
of six inches or greater shall be retained on the site.
D.
As part of the site plan and/or special permit use
review and approval process, the Planning Board shall require public
access in the form of walkways, pedestrian trails or paths or bikeways
to the riverfront for those development projects or proposed uses
adjacent to the riverfront where such access is appropriate and desirable
and would not conflict with existing natural features or be hazardous
to the public health, safety or general welfare. In requiring such
public access, 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 of the water.
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.
A.
Projects constructed within the River Harbor (RH)
District shall reflect a maritime theme utilizing site design elements
common to maritime waterfront areas such as:
(1)
Landscaped pedestrian walkways that provide access
to and along the riverfront.
(2)
Parking areas separated from the riverfront by buildings
and pedestrian walkways and landscaping.
(3)
Distinct carved wood signs and wrought-iron accents
along pedestrian walkways.
(4)
Private and public docks for pleasure boats.
(5)
Docks for commercial boats with bollards for tie-up.
(6)
Building orientation and placement to maximize water
views.
(7)
Distinctive outdoor lighting consistent with the area's
theme.
B.
Buildings and structures constructed within the (RH)
River Harbor District should reflect a maritime theme utilizing such
architectural design elements, materials, details, and colors common
to maritime waterfront areas as:
A.
All signage, with the exception of real estate signs, temporary political signs and accessory traffic signs, shall be subject to special use permit and site plan review and approval process by the Town Planning Board in accordance with the provisions of Articles XV and XVI. All signs shall be subject to the applicable provisions of Article XXI of this chapter.
B.
Signs may be illuminated with a constant source, but
flashing, neon, revolving, animated or similar-type signs are prohibited.
C.
Signs oriented towards the water shall be permitted
for identification purposes only, shall be building-mounted, and shall
not exceed 25 square feet.
D.
Dimensional and setback requirements for signs oriented
towards streets or highways shall be determined by the Planning Board.
