Irondequoit City Zoning Code
ARTICLE IXA
LaSalle's Landing Development District LLDD
§ 235-35.1 Purpose; goals.
A.
Pursuant to a joint land use plan adopted by the Towns of Irondequoit and Penfield, the LaSalle's Landing Development District (LLDD) is designed to provide a suitable character and stable environment for the establishment and maintenance of water-oriented and/or water-enhanced uses and activities along the shoreline of Irondequoit Bay and its adjacent wetlands. The district is also designed to protect the unique and sensitive environmental features that exist along the Bay shoreline, and to promote the public health, safety and general welfare. The district is also designed to promote and encourage public access to the shore zone and appropriate water-oriented recreational and other appropriate development adjacent to the shore zone.
B.
The LLDD permits moderate-density residential development, as well as certain commercial, recreational and open-space uses that serve the residents of and visitors to this district, as well as 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:
(1)
To ensure that development and land-use activity along the shoreline of Irondequoit Bay is consistent with the policies and objectives of the Towns of Irondequoit's and Penfield's Local Waterfront Revitalization Programs (LWRP).
(2)
To provide sufficient space in appropriate waterfront locations for moderate-density residential development, recreational activities, certain commercial activities and other water-oriented uses, in order to meet the various housing and recreational needs of the Towns of Irondequoit's and Penfield's present and future populations.
(3)
To recognize the sensitivity of waterfront areas as unique environmental and recreational resources and to protect these areas from environmentally destructive uses and activities.
(4)
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 Towns' waterfront areas.
(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 Towns' waterfront areas.
(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.
(7)
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 and enhance the tax revenue bases of the Towns of Irondequoit and Penfield.
(8)
To permit development in areas which, by virtue of their locations, 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.
(9)
To encourage flexibility of design and preservation of unique environmental features through, for example, the use of Town Law § 278 (cluster development) and/or incentive zoning where applicable, and maintenance of the aesthetic quality of waterfront areas by permitting the Town of Irondequoit and the Town of Penfield to establish consistent minimum dimensional requirements for permitted principal uses, and to review other pertinent design aspects of such proposed projects.
(10)
To preserve, wherever feasible, the existing vegetation and natural features of waterfront areas and to prevent, as much as possible, significant erosion, sedimentation and drainage problems, both during and after construction.
(11)
To encourage and facilitate water-oriented recreational development within the shore zone, as permitted principal uses or as accessory uses where compatible with the primary purpose of the proposed development.
(12)
To protect the LaSalle's Landing Development District (LLDD) and its waterfront areas as much as possible against excessive volumes of vehicular traffic flow, and to deal with safety problems related to such vehicular traffic flow.
(13)
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.
(14)
To promote the maintenance and/or extension of public access to the shore zone, where practical and feasible, where such access relates to and is compatible with the primary purpose of the proposed development or activity.
(15)
To minimize impacts upon Irondequoit Bay water quality, such as disturbance of sediment and pollutants, through prohibition of docking and marina-related activities such as channel dredging.
§ 235-35.2 Permitted uses.
No structure shall be erected, structurally altered, reconstructed or moved and no structure, land or premises shall be used in the district designated on the Official Zoning Maps of the Towns of Irondequoit and Penfield as "LaSalle's Landing Development District" (LLDD) except for the following principal and customarily incidental accessory uses, all of which shall be subject to a special use permit and site plan approval issued by the Planning Board in accordance with Articles XVI and XV of this chapter.
A.
Principal uses.
(1)
Public parks, playgrounds or similar public recreational use authorized or operated by a public agency and not operated for gain.
(2)
Multi-family dwellings, apartment buildings or other similar uses.
(3)
Townhouses, row houses and other similar uses.
[Amended 3-19-2015 by L.L. No. 2-2015]
(4)
Commercial parks, playgrounds, beaches, parks, golf courses, tennis/racquetball clubs or other similar recreational uses operated for gain.
(6)
Motels and hotels.
(7)
Stores, shops and boutiques designated for festive retail uses, offices and activities as defined in § 235-4 of this chapter.
(8)
Car-top boat and canoe sales, display and launch areas. Floating piers or piers on pilings shall be used to provide access to canoes, kayaks and other nonmotorized boats.
(9)
Public utility buildings or structures, including but not limited to electrical substations.
(10)
Combinations of permitted principal uses, based on a determination by the Planning Board that such combinations are appropriate for the proposed LLDD and are compatible with the purpose and intent of this district, as well as the goals and policies of the Local Waterfront Revitalization Program (LWRP), subject to special use permit approval issued by the Planning Board in accordance with the provisions of Article XVI of this chapter.
B.
Principal use restrictions and/or additional requirements. All principal uses permitted within the LaSalle's Landing Development District (LLDD) 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 and shall be subject to special use permit approval issued by the Planning Board in accordance with the provisions of Article XVI of this chapter.
C.
Accessory uses (located on the same lot with a permitted principal use).
(1)
Gazebos, boardwalks and community interpretative centers, 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.
(5)
Sheds, cabanas or similar accessory structures subject to those dimensional and setback requirements applicable to private garages and carports as noted above.
(6)
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 Planning Board in accordance with provisions of Article XVI of this chapter.
(7)
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 Planning Board in accordance with the provisions of Article XVI of this chapter. Real estate 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 types of signs shall be prohibited.
(c)
Signs oriented toward the water shall be permitted for identification purposes only, shall be building-mounted, and shall not exceed 20 square feet per face.
(8)
Parking of trucks, vans and other similar vehicles subject to the applicable provisions of Article IV of this chapter.
(9)
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 Article IV of this chapter.
(11)
Tennis courts and other similar outdoor recreational facilities, provided that such uses are clearly incidental to the primary residential or principal use on the property, and provided that such uses are located at a minimum of 10 feet from any property line, subject to site plan review.
(12)
Dumpsters enclosed and located no closer than 10 feet from any lot line and subject to site plan review and approval by the Planning Board in accordance with the provisions of Article XV of this chapter.
(13)
Outdoor storage of boats subject to special use permit approval by the Planning Board in accordance with the provisions of Article XVI of this chapter.
(14)
Fishing piers, wharves, boat launching ramps and similar waterfront structures and facilities, when such uses are clearly accessory or incidental to the primary, principal use on the property, subject to all applicable state regulations and approvals and subject to special use permit approval by the Planning Board in accordance with the provisions of Article XVI of this chapter.
(15)
The following additional requirements shall also 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 shoreline, impede views/vistas of the Bay, reduce the stability of steep slope areas, cause erosion or sedimentation problems along the shoreline, create hazards for navigation, interfere with the public use and enjoyment of the water surface or shoreline, or otherwise threaten the public health and safety.
(b)
Dredging, earth moving and disturbance of land above and below water 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 U.S. Army Corps of Engineers.
(c)
To permit the free circulation of water, reduce the effects of fluctuating water levels and prevent adverse modification of the shoreline, piers and wharves shall be of floating construction wherever feasible and shall not be of rockfilled cribbing, sheet piling, closely spaced piling or such other construction which would significantly impair water circulation.
(d)
The maximum surface area of any pier or wharf shall not exceed 700 square feet.
(e)
The number of piers or wharves permitted per waterfront lot used for commercial purposes shall not exceed one such structure and be subject to a determination by the Planning Board.
(f)
Every pier or wharf that is constructed shall have a minimum clearance or setback of 10 feet from adjacent property lines, as extended at a 90º angle from the shoreline, to allow adequate vessel access to neighboring waterfront parcels.
(g)
Piers or wharves that are 100 feet or longer shall, during the hours of darkness, be required to be lighted in such a manner so as to not constitute a hazard to navigation.
(h)
Lighting of the surface of any pier 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.
§ 235-35.3 Dimensional requirements.
A.
Required minimum lot size.
(1)
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 unless such lot shall have a minimum area of 3,000 square feet per dwelling unit.
(2)
No new principal building or structure to be used as a townhouse dwelling or other similar use shall hereafter be erected on any lot unless such lot shall have a minimum area of 4,000 square feet per dwelling unit.
(3)
The required minimium lot sizes for all other principal uses permitted in the LaSalle's Landing Development District (LLDD) shall be established by the Planning Board during the site plan approval and the special use permit approval process. 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 use from sensitive environmental areas, significant historic or archeological areas, or scenic views or vistas.
B.
Required minimum building setbacks (required front, side and rear yards):
(1)
The Town Planning Board, in accordance with the provisions of § 278 of New York State Town Law, shall be empowered to modify the setback requirements and other applicable provisions of this article 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 provisions of streets and utilities, to encourage and maintain adequate public access to the shoreline and to preserve and protect the natural and scenic qualities of the Town's open lands and shore zone.
(2)
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 Planning Board during the site plan review and approval process and/or the special use permit process and shall be based on the following guidelines:
(a)
Principal buildings, parking areas and accessory structures, excluding such facilities as 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.
(b)
Principal buildings, parking areas, and accessory structures shall be set back a minimum of 60 feet from any road right-of-way, a minimum of 20 feet from any side property line and 30 feet from any rear property line or, in the case of properties fronting Irondequoit Bay, 25 feet from any pedestrian access easement existing or proposed along the waters' edge.
(c)
Principal building and accessory structure setbacks shall be established with due consideration to provisions for fire protection services and adequate access for fire and emergency equipment within and around the site.
(d)
Principal building and accessory structure setbacks shall be established with due consideration to the protection and preservation of unique and sensitive environmental features, scenic views and vistas, the specific goals established for this district and the use of clustering as a site design technique.
C.
Maximum building heights.
(1)
Maximum building heights for all permitted principal uses specified in this section shall not exceed two stories or 35 feet, whichever is less, except where it has been determined by the Planning Board during the special use permit process that, based on a visual analysis of the site prepared and submitted by the applicant and reviewed by the Board, greater building heights would not interfere with identified scenic views or vistas or destroy the aesthetic quality and integrity of the waterfront area. In such cases, the 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 waterfront areas in general.
(2)
Accessory structures shall not exceed a maximum height of 15 feet unless otherwise specified or regulated in this article.
D.
Maximum density/maximum percentage of lot occupancy. The total overall ground coverage of all principal and accessory buildings, parking areas and other impervious surfaces on any lot shall not exceed 70% of the total lot area. The remainder of the lot shall be utilized for pedestrian access, open space and/or landscaped areas.
E.
Hours of operation. Business establishments within the LLDD may be open to the public 24 hours on a daily basis.
§ 235-35.4 Parking; landscaping and buffering; public access.
A.
Adequate off-street parking and loading requirements.
(1)
Off-street parking spaces and loading facilities shall be provided for all uses specified in this section, in accordance with the provisions of Article XIV of this chapter and the following additional requirements:
(a)
All parking spaces shall be set back a minimum of 10 feet from any street line or property line to provide for proper landscaping and buffering, except in cases where shared parking is proposed and approved by the Planning Board during the special use permit and site plan review process.
(b)
Parking for shore zone uses shall be provided according to the following minimum standards:
[3]
Hotels. One space per room or suite; plus one space per three employees on minimum shift, plus one space per three persons based on the maximum capacity of public meeting rooms, plus 50% of the spaces otherwise required for restaurants, accessory uses, etc.
[4]
Restaurants. Sit-down: One space per three patron seats, including any bar stools, or one space per 100 square feet of floor area, whichever is greater, plus one space per employee on maximum shift.
[5]
Retail establishments: five spaces per 1,000 square feet of gross floor area.
[6]
Office. One space per each 100 square feet of office area.
B.
Landscaping and buffering requirements.
(1)
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 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.
(2)
Where practical, trees with a diameter or caliper of six inches or greater shall be retained on the site.
C.
The Planning Board, as part of the site plan and/or special permit review and approval process, shall require public access in the form of walkways, pedestrian trails, paths or bikeways to the shoreline for those development projects or proposed uses adjacent to the shoreline where such access is appropriate and desirable and does not conflict with existing natural features or 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.