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.