Italy Town City Zoning Code
ARTICLE V
Lakeshore Residential District LS
§ 350-21 Purpose.
The purpose of the LS Lakeshore Residential District is to regulate development of lakefront properties located within the Town of Italy, to protect the water quality of Canandaigua Lake, to preserve waterfront uses that exist. Any use not specifically listed in Article V, §§ 350-22, 350-23, 350-24 and 350-25, shall be prohibited.
§ 350-22 Permitted primary uses.
In the LS Lakeshore Residential District, no building or facility or structure shall be erected, altered or extended, and no land or building or facility thereof shall be used for any purpose or purposes other than the following:
A.
Accessory building as permitted by Chapter 333, Waterways, Article I, Canandaigua Lake Uniform Docking and Mooring, of the Code of the Town of Italy.
B.
Bed-and-breakfast.
C.
Cottage industry.
D.
Manufactured homes.
E.
Office of a resident accountant, barber, beautician, doctor, dentist, hairstylist, musician, engineer, teacher, lawyer, architect, landscape architect, artist, real estate broker or person engaged in similar occupation, where:
(1)
Such office is part of the residence building; and
(2)
No more than three persons not residing on the premises are employed.
F.
Public and private parks and recreational facilities.
G.
Single-family residences.
H.
Tradesperson's facility.
§ 350-23 Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses. (See § 350-22.)
A.
Antennas, dish and other, subject to the standards set forth in Articles VIII and IX.
B.
Customary home occupations, conducted solely by residents of the dwelling.
C.
Family adult care.
D.
Family child care.
E.
Residential swimming pool.
§ 350-24 Uses allowed by special use permit.
The following uses are allowed upon approval of a special use permit by the Planning Board/Zoning Board of Appeals pursuant to Article XI, § 350-74, subject to the standards (if applicable) set forth in Article XI:
A.
Electrical substation, subject to the standards set forth in Article X.
§ 350-25 Uses allowed with site plan review.
A.
Church, mosque, synagogue, temple or other place of worship, convent, rectory, parish houses.
B.
Electrical substation, subject to the standards set forth in Article X.
C.
Fire station or other public building necessary for the protection or the servicing of a neighborhood.
D.
Lodge.
E.
Marina.
F.
Restaurant.
§ 350-26 Lot area and yard requirements.
A.
For subdivisions occurring after the adoption of this chapter, the minimum lot area shall be the minimum size as regulated by the Yates County Health Department, the New York State Department of Health, and Appendix 75-A of the New York Public Health Law entitled "Wastewater Treatment Standards — Individual Household Systems" so as to accommodate a suitable on-site wastewater treatment system that will not degrade the land and water resources of the adjacent property owners and the Town as a whole.
B.
Maximum building height for any nonagricultural building or structure shall be 35 feet as measured from the average grade.
C.
Maximum lot coverage by impervious surfaces shall be 40% of the lot area.
D.
Setbacks between buildings, even if said buildings are on separate but adjacent parcels, shall be determined by the building spacing requirements of the New York State Fire Prevention and Building Construction Code or its successors.
E.
Minimum front setbacks shall be 20 feet.
F.
Minimum side setbacks shall be eight feet.
G.
Minimum rear setbacks shall be 20 feet.
§ 350-27 Buffer areas.
No building or facility or other structures or parking areas shall be located within 20 feet horizontal distance from the shoreline of Canandaigua Lake, except for dockings, moorings, and boat-related facilities as regulated by Chapter 333, Waterways, Article I, Canandaigua Lake Uniform Docking and Mooring .