A.
In accordance with the Master Plan, the Waterfront
Development District (WD) is established to provide unique opportunities
for the development and maintenance of water-oriented uses within
certain areas adjacent to the Erie Canal and the Genesee River. This
district is also designed to help protect unique and sensitive environmental
features that exist along the shoreline, to promote and encourage
public access to the shoreline and to encourage appropriate water-oriented
recreational uses and other appropriate water-oriented development
within the shore zone.
B.
The WD District permits certain recreational, open
space, business and residential uses which will generally benefit
from and enhance the unique aesthetic, recreational and environmental
qualities of the waterfront areas.
C.
The specific purposes of this district include the
following:
(1)
To ensure that development and land use activities
along the Erie Canal and Genesee River, in those locations identified
in the Master Plan, will occur in harmony with the environmental and
ecological systems that exist in these waterfront areas.
(2)
To promote the most desirable and appropriate use
of land and building development based upon consideration of land
and soil characteristics and other natural features, environmental
constraints, neighborhood characteristics and overall community needs.
(3)
To protect the character of the district.
(4)
To conserve the value of land and buildings.
(5)
To protect the tax revenue base.
(6)
To provide for a desirable mix of water-dependent
and water-enhanced recreational opportunities, business uses and residential
uses which complement each other and take advantage of the unique
location and characteristics of these waterways.
(7)
To encourage flexibility of design, preservation of
unique environmental features and maintenance of the aesthetic quality
of waterfront areas by establishing appropriate dimensional requirements
for each use, thereby promoting a more creative and imaginative design
for development of waterfront areas than is normally possible under
conventional zoning districts.
(8)
To preserve, to the maximum extent practicable, the
existing vegetation and natural features along the Genesee River and
Erie Canal and to prevent, as much as possible, erosion, sedimentation
and problems with drainage both during and after construction.
(9)
To promote the maintenance and/or extension of public
access to the canal and river, when practical and feasible, where
such access relates to and is compatible with the primary purpose
of the proposed development or activity.
(10)
To encourage coordination with public agencies
and private organizations involved with waterfront planning or waterfront-related
development.
(11)
To promote opportunities for increased tourism.
Conditional uses permitted in the Waterfront
Development District shall be as follows:
B.
Business uses:
(1)
Retail stores, restaurants and other water-enhanced
uses, at a scale to be determined by the Planning Board, which are
appropriate for the location given the nature of the site, surrounding
land uses and the specific purposes established for this district.
(2)
Specialized service shops oriented to and/or supportive
of water-related activities.
(3)
Rental of nonmotorized boats.
(4)
Arts and crafts studios.
(5)
Second floor offices (above ground floor retail uses)
not to exceed 25% of the total floor area of the overall structure.
(6)
Commercial parking lots.
(7)
Snack bars and outdoor cafes.
C.
Residential uses. All residential uses shall not exceed
more than 20% of the total acreage of land within the WD District.
No more than 10% of development along canal/river frontage shall be
devoted to residential uses.
D.
Combinations of the conditional permit uses listed
above, based on a determination by the Planning Board that such combinations
meet the purposes and intent of the Waterfront Development District.
The following accessory uses are permitted in the WD District, provided that they are incidental to a conditional permit use listed in § 203-170 above:
B.
Storage structures for nonresidential uses (i.e.,
rental boat storage), not to exceed a height of 16 feet, shall be
screened from view by neighboring properties and water bodies with
the use of vegetation, fencing or berming, or any combination thereof.
[Added 7-23-1997 by L.L. No. 5-1997]
A.
Minimum lot size.
(1)
Minimum lot size is twice the square footage of the
principal building's first (ground) floor. This allows both small-
and large-lot uses within this district.
(2)
The required lot size shall also be based on the amount
of land area necessary to adequately accommodate the proposed principal
and accessory uses and the relative intensity of the proposed land
use and the need to protect or buffer the use from sensitive environmental
areas, significant historic or archaeological areas, scenic views
or vistas and adjacent uses.
B.
Setback requirements.
(1)
Setback requirements will be set during the site plan
review process. This provides greater flexibility and innovation in
project design than allowed in other zoning districts. Setback requirements
imposed by the Planning Board during the site plan review process
will help to ensure the protection and preservation of unique and
sensitive environmental features, maintenance of the general character
of the shoreline, scenic views and vistas and the specific goals established
for this district.
(2)
Setbacks for individual sites along the Erie Canal
may vary depending upon such factors as:
C.
Maximum building heights:
D.
Maximum lot coverage. All buildings, parking areas
and other impervious surfaces shall not exceed 75% of lot coverage.
A.
The construction of water-dependent facilities shall
be undertaken only if they do not impair water quality, destroy the
natural beauty of the shoreline, reduce the stability of steep slope
areas, cause erosion or sedimentation problems along the shoreline
or otherwise threaten the public health and safety.
B.
In all phases of development (design, construction
and operation), best management practices will be implemented to protect
and safeguard the natural resources and ensure the environmental integrity
of the affected area.
C.
Public services, including sewerage, water, access
from public roads and power supply, are adequate to serve new or expanded
water-dependent or water-enhanced uses.
D.
The location of a docking facility or other water-dependent
or water-enhanced use shall not prevent public access to public lands
and navigable waters or hinder safe navigation.
E.
Buildings located along the state-owned canal pathway
shall be required to have entrances which open onto the pathway.
F.
Landscaping and buffering are subject to the requirements in Chapter 207, Article V, of these regulations, as well as the following: Natural vegetation shall be maintained in any required waterfront setback to help preserve fish and wildlife habitats, reduce erosion and sedimentation and decrease pollutant runoff into surface waters.
Prior to any final action being taken by the
Town on any proposed structures on or adjacent to the Erie Canal and
the Genesee River, plans for development shall be submitted for approval
to the appropriate county, state or federal agencies.
