Kendall City Zoning Code
ARTICLE V
District Regulations
§ 265-21 Residential/Hamlet District (RH).
A.
Purpose. The purpose of the Residential/Hamlet District is to recognize that the crossroads community is a unique area where residential and commercial business uses exist in harmony, providing necessary basic services for the residences and businesses in and around the surrounding community.
[Amended 9-17-2013 by L.L. No. 1-2013]
C.
Conditional uses requiring a special permit issued by the Planning Board (subject to special permit regulations, Article VII).[1]
[Amended 9-17-2013 by L.L. No. 1-2013]
(1)
Bed-and-breakfast.
(2)
Drive-in business.
(3)
Retail fuel outlet.
(4)
Multiple-family dwelling.
(5)
Clubs.
(6)
Home business.
(7)
Essential services.
(8)
Public and semi-public buildings and grounds.
(9)
Motor vehicle repair shop.
(10)
Accessory building used for animal housing.
(11)
Day-care center (commercial).
(12)
Farm market.
E.
Specifications:
(1)
Minimum setback requirements:
(a)
Front:[2]
[2]
Note: Front setbacks are to be measured either from the right-of-way or measured from the center of the public roadway in existence at the time of the application. If measured from the center of the roadway, add 24.5 feet for Town roads, 33 feet for county highways and 33 feet for state highways.
(b)
Side: 15 feet.
(c)
Rear: 20 feet (principal and accessory structures).
(d)
Lot width: 100 feet.
(e)
Road frontage: 100 feet.
(f)
Minimum lot size: 20,000 square feet with public sewer, or a lot size sufficient to provide Health Department specifications for adequate sewage/septic disposal.
(g)
Building height: 35 feet (except agricultural storage facilities).
F.
Other provisions and requirements.
(1)
Buffer strip. Commercial structures shall provide a natural buffer strip to be perpetually maintained so as to provide visual screening and separation between commercial and residential uses.
(2)
Refuse containers. Commercial structures shall provide a commercial-type refuse container on site. Such containers shall be placed on concrete or/stone areas and visually screened, and shall provide rodent control.
(3)
All accessory structures must be located at or behind the front main foundation on the same parcel as the principal building.
(4)
One private detached garage, carport or barn for the parking of vehicles or storage of property belonging to residents on the premises shall be allowed. The maximum allowed ground floor footage of an accessory building shall be determined by calculating the rate of 5% of the lot area in square feet, excluding all rights-of-way, and shall not exceed a total of 1,200 square feet in size.
(5)
Sheds used for the storage of personal property shall be allowed.
§ 265-22 Residential/Agricultural District (RA). [1]
[Amended 9-17-2013 by L.L. No. 1-2013]
A.
Purpose. The purpose of the Residential/Agricultural District is to protect agricultural lands and uses from incompatible uses and development, and to promote development in areas best suited by reason of the availability of public services.
B.
D.
Conditional uses requiring a special permit issued by the Planning Board (subject to special permit regulations, Article VII).
(1)
Home business.
(2)
Airports.
(3)
Campgrounds.
(4)
Day-care center (commercial).
(5)
Commercial wind energy systems.
(6)
Excavation and mining.
(7)
Farm labor housing lying outside a New York State certified Agricultural District.
(8)
Kennels.
(9)
Essential services.
(10)
Bed-and-breakfast.
(11)
Mobile/manufactured home park.
(12)
Motor vehicle repair shop.
(13)
Residential wind energy systems.
(14)
Farm market.
E.
Specifications.
(1)
Areas not served by public water and/or public sewer or lots served by public water and/or public sewer with dwellings/dwelling units not hooked into public water and/or public sewer systems:
(2)
Areas served by public water and/or public sewer.
(b)
Additional requirements.
[1]
All dwellings/dwelling units located on a lot must be hooked into public water and/or public sewer systems.
[2]
Minimum lot width: 140 feet.
[3]
Road frontage: 140 feet.
[4]
Maximum building height: 35 feet.
[5]
Minimum lot size: 20,000 square feet with public sewer; 28,000 square feet with private septic tank system.
§ 265-23 Rural Residential District (RR). [1]
[Amended 9-17-2013 by L.L. No. 1-2013]
A.
Purpose. The purpose of the Rural Residential District is to provide a stable environment for rural residential development, free from incompatible uses. Uses in this district are either served by public water and/or sewer or have land densities high enough to support such facilities if growth occurs.
D.
Conditional uses requiring a special permit issued by the Planning Board (subject to special permit regulations, Article VII).
E.
Specifications.
(1)
Areas served by public water and/or public sewer.
(b)
Additional requirements.
[1]
All dwellings/dwelling units located on a lot must be hooked into public water and/or public sewer systems.
[2]
Minimum lot width: 140 feet.
[3]
Road frontage: 140 feet.
[4]
Maximum building height: 35 feet.
[5]
Minimum lot size: 20,000 square feet with public sewer; 28,000 square feet with private septic tank system.
§ 265-24 General Business District (B). [1]
[Amended 9-17-2013 by L.L. No. 1-2013]
A.
Purpose. The purpose of the General Business District is to provide for business establishments serving the needs of area residents, especially retail and service businesses. Permitted uses are intended to create a business district free from conflicting land uses.
B.
Permitted uses.
D.
Conditional uses requiring a special permit issued by the Planning Board (subject to special use regulations, Article VII).
(1)
Motels and hotels.
(2)
Motor vehicle repair shop.
(3)
Essential services.
(4)
Automobile sales/rental.
(5)
Home business.
(6)
Day-care centers (commercial).
(7)
Multiple-family dwelling.
(8)
Bed-and-breakfast.
(9)
Public and semipublic building and grounds.
(10)
Residential wind energy system.
(11)
Farm market.
E.
Other provisions and requirements.
(1)
Buffer strip. Commercial structures shall provide a natural buffer strip to be perpetually maintained so as to provide visual screening and separation between commercial and residential uses.
(2)
Refuse containers. Commercial structures shall provide a commercial-type refuse container on site. Such containers shall be placed on concrete or stone areas and visually screened, and shall provide rodent control.
(3)
Residential lot line. No commercial structure shall be permitted within 50 feet of the nearest lot line of any residential district.
(4)
Off-street parking, loading and unloading facilities subject to the provisions of Article VI of this chapter.
(5)
One sign shall be permitted per business for each street and parking area upon which said use fronts. Said sign shall not exceed 32 square feet.
F.
Specifications.
§ 265-25 Light Industrial District (IL).
A.
Purpose. The purpose of the Light Industrial District is to provide for light manufacturing, assembly and storage-type facilities.
[Amended 9-17-2013 by L.L. No. 1-2013]
B.
Permitted uses.
[Amended 9-17-2013 by L.L. No. 1-2013]
(2)
Scientific research or experimental development of materials, methods or products, including engineering and laboratory research.
(3)
Administrative, educational and other related activities and facilities in conjunction with a permitted use.
(4)
Manufacture or assembly of electric, electronic or optical instruments or devices.
(5)
Light manufacturing, assembling, fabricating or packaging of products from previously prepared materials such as cloth, plastic, paper, leather, precious or semiprecious metals or stone.
(6)
Manufacturing of food products, pharmaceuticals and the like, but not including the production of fish, meat or dairy products, or fermented foods such as sauerkraut, vinegar, or the like, the rendering of fats and oils.
(7)
Precision machining, tool and die work.
(8)
Other uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.
D.
Provisions and requirements.
(1)
All assembly, research, engineering, administration, storage and other related activities shall be conducted wholly within enclosed buildings.
(2)
At no time shall any use result in or cause dissemination of dust, smoke, smog, observable gas, fumes, odors, radiation or other atmospheric pollution, objectionable noise, glare or vibrations or hazard of fire or explosive or any other physical hazard to any adjacent buildings or to any plant growth or any land adjacent to the site.
(3)
The architectural treatment and general appearance of all buildings and grounds shall be in keeping with the purpose of this district and shall be of such quality and design as to be a visual asset to the area in which they are located as well as to adjacent development.
(5)
Industrial structures shall be located so as to be a minimum of 75 feet from any nonindustrial district. A natural buffer strip shall be placed and maintained so as to provide visual screening and separation between industrial and nonindustrial uses.
(6)
Signs shall be permitted for advertising industrial activities on the premises which shall not exceed, in aggregate, 5% of the area of the front facade of the building. Such signs may be illuminated but shall not be of the flashing type.
§ 265-26 Conservation District (C).
A.
Purpose. The purpose of the Conservation District is to protect the unique and irreplaceable wetlands, wildlife habitats, geological formations, lakeshores, and stream banks of the Town of Kendall.
B.
Applicability.
(1)
The Conservation District is an overlay zone designated on the Zoning Map of the Town of Kendall. The district includes all freshwater wetlands over 12.4 acres, and those of smaller areas which have been determined to be of unusual local importance as defined and protected by Article 24 and Title 23 of Article 71 of the Environmental Conservation Law, the Freshwater Wetlands Act.
(2)
The provisions of this district take precedence over any other zoning district.
(3)
The Town of Kendall hereby adopts and incorporates by reference (unless contrary to Town ordinances) the provisions of the Freshwater Wetlands Act that are in effect as of the adoption date of this chapter.
§ 265-27 Historic District (H).
A.
The purpose of the Historic District is to preserve certain areas of historical or cultural significance in the Town of Kendall. Development in these areas should be consistent with the architectural, cultural, historic character of the area.
B.
Applicability. The Historic District is designated on the Zoning Map of the Town of Kendall. The provisions of this district take precedence over any other zoning district (except Flood Hazard and Conservation) to the extent that the provisions of this zone are inconsistent with such other provisions.
C.
Other provisions and requirements.
(1)
All building permits, including residential exterior alteration resulting in an essential change in the building shall require site plan approval.
(2)
All demolition or substantial exterior alteration resulting in an essential change in the building shall require site plan approval.
(3)
Site plan review as conducted by the Town Planning Board must demonstrate the following additional requirements in its findings:
(a)
The building or use is consistent with the architecture and historic significance of the area.
(b)
The building or use does not encroach, diminish or otherwise lessen the significance of other structures of uses within the district.
(c)
The demolition permits evidence of overwhelming construction or structural problems must be shown to preclude any reasonable effort at rehabilitation, restoration, or preservation. Evidence must be in the form of a written contractor's estimate.
§ 265-28 Waterfront Residential District (WR).
A.
Purpose.
(1)
The purpose of the Waterfront Residential District is to recognize the Lake Ontario shoreline and its tributaries, as a unique resource and to control future growth in a manner which respects the environmental limitations of the waterfront and affords maximum public enjoyment of the area.
(2)
The Town of Kendall recognizes the changing needs of the residents along the Lake Ontario shoreline with cottages turning into larger year-round homes and a need for ever larger accessory structures. Property located along the lake shall be classified as:
(a)
Lakeshore property. Property that adjoins the Lake Ontario shoreline and is provided access by a private or Town road that runs parallel to the shoreline.
(b)
Lakeview property. Property whose front adjoins the private or Town road that is shared and common with lakeshore property.
(c)
Combined lakeshore and lakeview property. Lakeshore property that is combined with lakeview property to increase the size of a lakeshore lot. A private or Town road generally goes through the middle of the combined lots and provides access to the property.
(3)
The Town of Kendall recognizes and wishes to preserve and protect the unique scenic character of the Lake Ontario shoreline. The Town of Kendall also recognizes the importance of maintaining view lines to the lake from lakeshore residences by ensuring that future development may not obstruct view lines.
(4)
Shoreline vistas. In order to establish the importance of maintaining the view lines and vistas of residences with lakeshore property, the following requirements shall be used to maintain shoreline vistas:
(a)
During a site plan review of a building permit application, the Zoning Enforcement Officer shall determine vista site lines. A vista site line shall be based on the setbacks of the front main foundations of principal structures, limited to three lot widths on each side of the new construction, and shall be used as a "shoreline three-lot-width vista."
(b)
The placing of a principal structure, accessory structure, or building addition closer than the setback of neighboring properties that has the effect of reducing a three-lot-width vista site line shall not be allowed.
(c)
Adding additions to existing primary or accessory structures must not affect nor obstruct the existing vistas as observed from the front main foundation of primary residence within the shoreline three-lot-width vista.
(d)
If setbacks required to comply with the lot front setback, New York State Coastal Erosion Hazard Area Act,[1] New York State Building Codes, or Orleans County Health Department are met and allow a structure to be placed closer to the shoreline than the shoreline three-lot-width vista, the shoreline vista site line shall govern and become the minimum setback requirement.
[1]
Editor's Note: See Environmental Conservation Law § 34-0101 et seq.
(e)
If setbacks required to comply with front lot setbacks, New York State Coastal Erosion Hazard Area Act, New York State Building Codes or the Orleans County Health Department, require that the front setback be placed closer to the shoreline than the neighboring front foundations or shoreline three-lot-width vista, the mandated setbacks shall govern the vista requirements.
D.
Conditional uses requiring a special permit issued by the Planning Board (subject to special permit regulations, Article VII).
E.
Specifications.
[Amended 9-17-2013 by L.L. No. 1-2013]
(1)
For the purpose of this section:
(a)
"Lakeshore property" shall be defined as property with:
[1]
Lot line, front: the linear distance along a lot line that adjoins the Lake Ontario shoreline.
[2]
Lot line, rear: the lot line opposite and most distant from the front line and adjoins a private or Town road which provides access to the lot.
[3]
Lot line, side: Any lot line other than a front or rear lot line.
(b)
"Lakeview property (Non-lakeshore property)" shall be defined as property with:
[1]
Lot line, front: the linear distance along a lot line which adjoins a private or Town road that is shared and common with lakeshore property and provides access to the lot.
[2]
Lot line, rear: The lot line opposite and most distant from the front lot line.
[3]
Lot line, side: Any lot line other than a front or rear lot line.
(c)
"Combined lakeshore and lakeview property" shall be defined as property with:
(2)
Specifications. Minimum setback requirements.
(a)
Lakeshore property (not combined with lakeview property).
[1]
Front setback from mean high water mark.
[a]
Principal structure: 60 feet, plus any setback required to comply with the New York State Coastal Erosion Hazard Area Act[3] with the exception of flood and erosion protection structures. See also § 265-28A(4), Shoreline.
[3]
Editor's Note: See ECL § 34-0101 et seq.
[3]
Rear setback:[4] 20 feet (principal and accessory structures) from private or Town road.
[4]
Note: Front or roadside setbacks are to be measured either from the right-of-way or measured from the center of the public or private roadway in existence at the time of the application. If measured from the center of the roadway, add one-half the width of the right-of-way for a private road, Town road, county highway or state highway.
[4]
Minimum lot width: 100 feet.
[5]
Road frontage: 100 feet.
(b)
Lakeview property (non-lakeshore property).
[1]
Front setback (roadside):[5] 35 feet (principal and accessory structures) from private or Town road. Ninety feet from the center of a state or county road. See Subsection F(8).
[5]
Note: Front or roadside setbacks are to be measured either from the right-of-way or measured from the center of the public or private roadway in existence at the time of the application. If measured from the center of the roadway, add one-half the width of the right-of-way for a private road, Town road, county highway or state highway.
[2]
Side setback: five feet (principal and accessory structures).
[3]
Rear setback: 20 feet (principal and accessory structures).
[4]
Minimum lot width: 100 feet.
[5]
Road frontage: 100 feet.
(c)
Combined lakeshore and lakeview property.
[1]
Front setback from mean high water mark.
[a]
Principal structure: 60 feet, plus any setback required to comply with the New York State Coastal Erosion Hazard Area Act[6] with the exception of flood and erosion protection structures. See also § 265-29A(4), Shoreline vistas.
[6]
Editor's Note: See ECL § 34-0101 et seq.
[2]
Side setback: five feet (principal and accessory structures). If an accessory structure is located on the lakeview side: See § 265-29F(3).
[3]
Rear setback: 20 feet (principal and accessory structures) from rear lot line.
[4]
Minimum lot width: 100 feet.
[5]
Road frontage: 100 feet.
[6]
Distance from private or Town road:[7] 20 feet (principal and accessory structures) from the lakeshore side of the right-of-way of a private or Town road. Thirty-five feet (principal and accessory structures) from the lake view side of the right-of-way of a private or Town road.
[7]
Note: Front or roadside setbacks are to be measured either from the right-of-way or measured from the center of the public or private roadway in existence at the time of the application. If measured from the center of the roadway, add one-half the width of the right-of-way for a private road, Town road, county highway or state highway.
(d)
All other properties.
[1]
Minimum front setback (non-lakeshore and lakeview property): 90 feet.
[2]
Side setback (non-lakeshore and lakeview property): 25 feet.
[3]
Rear setback: 25 feet.
[4]
Minimum road frontage: 140 feet.
[5]
Maximum building height: 35 feet.
[6]
Minimum lot size: 20,000 square feet with public sewer; 28,000 square feet with septic tank system or larger if necessary to meet Health Department specifications for adequate sewage/septic tank disposal.
F.
Other provisions and requirements.
(1)
Where applicable, the provisions of the Conservation Overlay District specified in § 265-26 shall be maintained.
(2)
Site plans for development in this district shall be designed to preserve the scenic qualities of the shoreline and vistas.
(3)
The use of common easements and cluster development is encouraged to maximize public access to and enjoyment of the lakeshore.
(4)
Roadways shall be planned to provide the most effective access to individual parcels and lots and the land area devoted to roadways should utilize the minimum land area required to provide such access.
(5)
No new roadway or an extension of an existing roadway shall be permitted within 300 feet of Lake Ontario, except to allow for a private road to be dedicated to the Town or where extreme need is shown or as permitted by law.
(6)
Requirements for lakeshore property (not combined with lakeview property):
(a)
All accessory structures must be located at or behind the front main foundation on the same parcel as the principal building. For the purpose of this section, an attached deck is not considered an accessory structure.
(b)
In order to allow construction-type vehicles access to the Lake Ontario shoreline for erosion control or repair and alteration of a structure, the following standard shall apply:
[1]
Where a lot has a width of 60 or more feet at the time of the enactment of this section, the side yard requirements shall be modified so that one side yard shall have a setback of not less than five feet and the other side yard shall have a continuous setback of not less than 12 feet. Where a lot has a width of less than 60 feet at the time of the enactment of this chapter, the side yard requirements shall have a setback of not less than five feet. A minimum of 10 feet clearance must be maintained between structures located on the same lot and between structures located on adjoining properties.
(c)
One private detached garage, carport or barn for the parking of vehicles or storage of property belonging to residents on the premises shall be allowed. The maximum allowed ground floor footage of an accessory building shall be determined by calculating the rate of 5% of the lot area in square feet, excluding all rights-of-way. The ground floor footage shall not exceed a total of 1,200 square feet in size.
(d)
An attached private garage may provide living space on the second floor subject to all New York State building codes. A detached garage or other accessory building may not provide living space nor shall be used as a dwelling.
(e)
Sheds and similar structures. Sheds, cabanas, gazebos and similar or other accessory structures are permitted, provided that such structures are incidental to the principal or primary residential use on the property and are subject to the following restrictions:
[1]
Sheds, cabanas, gazebos or similar accessory structure must be erected behind the front main foundation line of the principal dwelling on any lot. All roadside and side setback requirements shall be maintained.
(7)
Requirements for accessory structures added to combined lakeshore and lakeview property.
(a)
One private detached garage, carport or barn for the parking of vehicles or storage of property belonging to residents on the premises sited on the lakeview side of a private or Town road shall be allowed. The accessory structure shall:
[1]
Have the maximum ground floor footage of the accessory building be determined by calculating the rate of 5% of the combined lot area in square feet excluding all rights-of-way. The ground floor footage shall be limited in size to no more than 1,200 square feet.
[2]
Not be placed closer than 35 feet to the right-of-way of the private or Town road.
[3]
Not be placed closer to a side property line than 15 feet. For each additional foot the height of such building exceeds 15 feet, the offset from the rear and side property line shall be increased by one foot. Where a lot has a width of less than 60 feet at the time of the enactment of this chapter, the side yard requirements shall have a setback of not less than five feet. A minimum clearance of 10 feet must be maintained between structures located on the same lot and between structures located on adjoining properties.
[4]
Not be placed closer than 20 feet to the rear property line.
[5]
Not be placed closer to a side street center line than 55 feet or 1/2 the width of the lot, whichever is less.
(b)
Sheds and similar structures. Sheds and similar or other accessory structures are permitted, provided that such structures are incidental to the principal or primary residential use on the property and subject to the following restrictions:
[1]
Sheds, cabanas, gazebos or similar accessory structure must be erected behind the front main foundation line of the principal dwelling on any lot. All roadside and side setback requirements shall be maintained.
(8)
Requirements for lakeview property (not combined with lakeshore property).
(a)
All accessory structures must be located at or behind the front main foundation on the same parcel as the principal building. For the purpose of this section, an attached deck is not considered a structure.
(b)
One private detached garage, carport or barn for the parking of vehicles or storage of property belonging to residents on the premises shall be allowed. Maximum ground floor footage of the accessory building will be determined by calculating the rate of 5% of the square feet of the lot size, excluding all rights-of-way. Maximum ground floor footage shall not exceed a total of 1,200 square feet in size.
(c)
An attached private garage may provide living space on the second floor subject to all New York State building codes. A detached garage or other accessory building may not provide living space nor shall be used as a dwelling.
(d)
Sheds and similar structures. Sheds, cabanas, gazebos and similar or other accessory structures are permitted, provided that such structures are incidental to the principal or primary residential use on the property and subject to the following restrictions:
[1]
All roadside setback requirements shall be maintained.
§ 265-29 Waterfront Development District (WD).
A.
Purpose.
(1)
The purpose in establishing a Waterfront Development (WD) District is to provide for mixed residential, recreational and commercial uses that relate directly to and complement water-dependent and water-enhanced uses, and to accommodate the planned uses of the Town's Local Waterfront Revitalization Program (LWRP).
(2)
The Town of Kendall recognizes the changing needs of the residents along the Lake Ontario Shoreline with cottages turning into larger year-round homes and a need for ever larger accessory structures. Property located along the lake shall be classified as:
(a)
Lakeshore property. Property that adjoins the Lake Ontario shoreline and is provided access by a private or Town road that runs parallel to the shoreline.
(b)
Lakeview property. Property whose front adjoins the private or Town road that is shared and common with lakeshore property.
(c)
Combined lakeshore and lakeview property. Lakeshore property that is combined with lakeview property to increase the size of a lakeshore lot. A private or Town road generally goes through the middle of the combined lots and provides access to the property.
(3)
The Town of Kendall recognizes and wishes to preserve and protect the unique scenic character of the Lake Ontario shoreline. The Town of Kendall also recognizes the importance of maintaining view lines to the lake from lakeshore residences by ensuring that future development may not obstruct view lines.
(4)
Shoreline vistas. In order to establish the importance of maintaining the view lines and vistas of residences with lakeshore property the following requirements shall be used to maintain shoreline vistas:
(a)
During a site plan review of a building permit application, the Zoning Enforcement Officer shall determine vista site lines. A vista site line shall be based on the setbacks of the front main foundations of principal structures, limited to three lot widths on each side of the new construction, and shall be used as a shoreline three-lot-width vista.
(b)
The placing of a principle structure, accessory structure, or building addition closer than the setback of neighboring properties that has the effect of reducing a three-lot-width vista site line shall not be allowed.
(c)
Adding additions to existing primary or accessory structures must not affect nor obstruct the existing vistas as observed from the front main foundation of primary residence within the "shoreline three-lot-width vista."
(d)
If setbacks, required to comply with the lot front setback, New York State Coastal Erosion Hazard Area Act,[1] New York State Building Codes or Orleans County Health Department are met and allow a structure to be placed closer to the shoreline than the shoreline three-lot-width vista, the shoreline vista site line shall govern and become the minimum setback requirement.
[1]
Editor's Note: See Environmental Conservation Law § 34-0101 et seq.
(e)
If setbacks, required to comply with the lot front setback, New York State Coastal Erosion Hazard Area Act, New York State Building Codes or Orleans County Health Department, require that the front setback be placed closer to the shoreline than the neighboring front foundations or shoreline three-lot-width vista, the mandated setbacks shall govern the vista requirements.
B.
Permitted uses.
(1)
Uses which depend on proximity, access and/or utilization of the water including, but not limited to, the following:
(2)
Uses which are enhanced by a waterfront location and proximity to water-dependent uses including, but not limited to, the following:
(a)
One- and two-family dwellings.
(b)
Restaurants and eating establishments.
(c)
Tourist facilities such as rest rooms, snack bars, information area, public cultural and recreation facilities, and places of public assembly.
(d)
Retail and service facilities and professional offices that are complementary to the above uses, provided that no manufacturing or processing shall take place anywhere on the premises.
(e)
Mixed uses and facilities that are consistent with the above uses, and which are approved by the Planning Board as being consistent with the Local Waterfront Revitalization Program (LWRP).
D.
Conditional uses requiring a special permit issued by the Planning Board (subject to special permit regulations, Article VII).
(1)
Campgrounds.
(2)
Essential services and public utilities.
[Amended 12-15-2015 by L.L. No. 1-2015]
(3)
Multiple-family dwellings.
(4)
Bed-and-breakfast.
(5)
[2]Public and semipublic buildings and grounds, excluding clubs whose activities include the maintenance, storage, takeoff or landing of aircraft.
[2]
Editor’s Note: Former Subsection D(5), Charter boat service, was repealed 8-15-2017 by L.L. No. 2-2017. This local law also provided for the renumbering of former Subsection D(6) as Subsection D(5).
E.
Specifications.
[Amended 9-17-2013 by L.L. No. 1-2013]
(1)
For the purpose of this section:
(a)
"Lakeshore property" shall be defined as property with:
[1]
Lot line, front: the linear distance along a lot line that adjoins the Lake Ontario shoreline.
[2]
Lot line, rear: the lot line opposite and most distant from the front line and adjoins a private or Town road which provides access to the lot.
[3]
Lot line, side: any lot line other than a front or rear lot line.
(b)
"Lakeview property (non-lakeshore property)" shall be defined as property with:
[1]
Lot line, front: the linear distance along a lot line which adjoins a private or Town road that is shared and common with lakeshore property and provides access to the lot.
[2]
Lot line, rear: the lot line opposite and most distant from the front lot line.
[3]
Lot line, side: any lot line other than a front or rear lot line.
(c)
"Combined lakeshore and lakeview" property shall be defined as property with:
(2)
Specifications. Minimum setback requirements (for residential buildings only).
(a)
Lakeshore property (not combined with lakeview property).
[1]
Front setback from mean high water mark.
[a]
Principal structure: 60 feet, plus any setback required to comply with the New York State Coastal Erosion Hazard Area Act[3] with the exception of flood and erosion protection structures. See also § 265-29A(4), Shoreline vistas.
[3]
Editor's Note: See ECL § 34-0101 et seq.
[3]
Rear setback:[4] 20 feet (principal and accessory structures) from private or Town road.
[4]
Note: Front or roadside setbacks are to be measured either from the right-of-way or measured from the center of the public or private roadway in existence at the time of the application. If measured from the center of the roadway, add one half the width of the right-of-way for a private road, Town road, county highway or state highway.
[4]
Minimum lot width: 100 feet.
[5]
Road frontage: 100 feet.
(b)
Lakeview property (non-lakeshore property).
[1]
Front setback (roadside):[5] 35 feet (principal and accessory structures) from private or Town road. Ninety feet from the center of a state or county road. See Subsection F(2).
[5]
Note: Front or roadside setbacks are to be measured either from the right-of-way or measured from the center of the public or private roadway in existence at the time of the application. If measured from the center of the roadway, add one half the width of the right-of-way for a private road, Town road, county highway or state highway.
[2]
Side setback: five feet (principal and accessory structures).
[3]
Rear setback: 20 feet (principal and accessory structures).
[4]
Minimum lot width: 100 feet.
[5]
Road frontage: 100 feet.
(c)
Combined lakeshore and lakeview property.
[1]
Front setback from mean high water mark.
[a]
Principal structure: 60 feet, plus any setback required to comply with the New York State Coastal Erosion Hazard Area Act[6] with the exception of flood and erosion protection structures. See also § 265-29A(4), Shoreline vistas.
[6]
Editor’s Note: See ECL § 34-0101 et seq.
[2]
Side setback: five feet (principal and accessory structures). If an accessory structure is located on the lakeview side: See § 265-29F(3).
[3]
Rear setback: 20 feet (principal and accessory structures) from rear lot line.
[4]
Minimum lot width: 100 feet.
[5]
Road frontage: 100 feet.
[6]
Distance from private or Town road:[7] 20 feet (principal and accessory structures) from the lakeshore side of the right-of-way of a private or Town road. Thirty-five feet (principal and accessory structures) from the lake view side of the right-of-way of a private or Town road.
[7]
Note: Front or roadside setbacks are to be measured either from the right-of-way or measured from the center of the public or private roadway in existence at the time of the application. If measured from the center of the roadway, add one-half the width of the right-of-way for a private road, Town road, county highway or state highway.
(d)
All other properties.
[1]
Minimum front setback (non-lakeshore and lakeview property): 90 feet.
[2]
Side setback (non-lakeshore and lakeview property): 25 feet.
[3]
Rear setback: 25 feet.
[4]
Minimum road frontage: 140 feet.
[5]
Maximum building height: 35 feet.
[6]
Minimum lot size: 20,000 square feet with public sewer; 28,000 square feet with septic tank system or larger if necessary to meet Health Department specifications for adequate sewage/septic tank disposal.
F.
Other provisions and requirements.
(1)
Requirements for lakeshore property (not combined with lakeview property).
(a)
All accessory structures must be located at or behind the front main foundation on the same parcel as the principal building. For the purpose of this section, an attached deck is not considered an accessory structure.
(b)
In order to allow construction-type vehicles access to the Lake Ontario shoreline for erosion control or repair and alteration of a structure, the following standard shall apply:
[1]
Where a lot has a width of 60 or more feet at the time of the enactment of this section, the side yard requirements shall be modified so that one side yard shall have a setback of not less than five feet and the other side yard shall have a continuous setback of not less than 12 feet. Where a lot has a width of less than 60 feet at the time of the enactment of this chapter, the side yard requirements shall have a setback of not less than five feet. A minimum of 10 feet clearance must be maintained between structures located on the same lot and between structures located on adjoining properties.
(c)
One private detached garage, carport or barn for the parking of vehicles or storage of property belonging to residents on the premises shall be allowed. The maximum allowed ground floor footage of an accessory building shall be determined by calculating the rate of 5% of the lot area in square feet, excluding all rights-of-way, and shall be limited in size to no more than 1,200 square feet.
(d)
An attached private garage may provide living space on the second floor subject to all New York State building codes. A detached garage or other accessory building may not provide living space nor shall be used as a dwelling.
(e)
Sheds and similar structures. Sheds, cabanas, gazebos and similar or other accessory structures are permitted, provided that such structures are incidental to the principal or primary residential use on the property and are subject to the following restrictions:
[1]
Sheds, cabanas, gazebos or similar accessory structures must be erected behind the front main foundation line of the principal dwelling on any lot. All roadside and side setback requirements shall be maintained.
(2)
Requirements for accessory structures added to combined lakeshore and lakeview property.
(a)
One private detached garage, carport or barn for the parking of vehicles or storage of property belonging to residents on the premises sited on the lakeshore side of a private or Town road shall be allowed. The accessory structure shall:
[1]
Have the maximum ground floor footage of an accessory building be determined by calculating the rate of 5% of the lakeshore side of the lot area in square feet, excluding all rights-of-way. The ground floor footage shall not exceed a total of 1,200 square feet in size.
(b)
One private detached garage, carport or barn for the parking of vehicles or storage of property belonging to residents on the premises sited on the lakeview side of a private or Town road shall be allowed. The accessory structure shall:
[1]
Have the maximum ground floor footage of the accessory building be determined by calculating the rate of 5% of the combined lot area in square feet excluding all rights-of-way. The ground floor footage shall be limited in size to no more than 1,200 square feet.
[2]
Not be placed closer than 35 feet to the right-of-way of the private or Town road.
[3]
Not be placed closer to a side property line than 15 feet. For each additional foot the height of such building exceeds 15 feet, the offset from the rear and side property line shall be increased by one foot. Where a lot has a width of less than 60 feet at the time of the enactment of this chapter, the side yard requirements shall have a setback of not less than five feet. A minimum clearance of 10 feet must be maintained between structures located on the same lot and between structures located on adjoining properties.
[4]
Not be placed closer than 20 feet from the rear property line.
[5]
Not be placed closer to a side street center line than 55 feet or half the width of the lot, whichever is less.
(c)
Sheds and similar structures. Sheds and similar or other accessory structures are permitted, provided that such structures are incidental to the principal or primary residential use on the property and subject to the following restrictions:
[1]
Sheds, cabanas, gazebos or similar accessory structures must be erected behind the front main foundation line of the principal dwelling on any lot. All roadside and side setback requirements shall be maintained.
(3)
Requirements for lakeview property (not combined with lakeshore property).
(a)
All accessory structures must be located at or behind the front main foundation on the same parcel as the principal building. For the purpose of this section, an attached deck is not considered a structure.
(b)
One private detached garage, carport or barn for the parking of vehicles or storage of property belonging to residents on the premises shall be allowed. Maximum ground floor footage of the accessory building will be determined by calculating the rate of 5% of the square feet of the lot size excluding all rights-of-way. The ground floor footage shall not exceed a total of 1,200 square feet in size.
(c)
An attached private garage may provide living space on the second floor subject to all New York State building codes. A detached garage or other accessory building may not provide living space nor shall be used as a dwelling.
(d)
Sheds and similar structures. Sheds, cabanas, gazebos and similar or other accessory structures are permitted, provided that such structures are incidental to the principal or primary residential use on the property and subject to the following restrictions:
[1]
All roadside setback requirements shall be maintained.
(4)
Conservation Overlay District. Where applicable, the provisions of the Conservation Overlay District specified in § 265-26 shall be maintained.
(5)
Site plans. Notwithstanding any other provisions of this chapter, development within the Waterfront Development (WD) District shall be prohibited except as provided for, and in accordance with Article IX, Special Permits. All applications for development within the WD District must be accompanied by a Coastal Assessment Form and a site plan indicating, in addition to the requirements of Article X, Site Plan Review, that development will not create erosion or flooding or damage or reduction of the aesthetic quality of the waterfront, and will preserve the scenic qualities and vistas of the shorelines within the adopted LWRP area. The application for a special permit to establish a use or reuse in the WD District shall be accompanied with three copies of the site plan, drawn to scale and showing property lines, the location of the proposed building or buildings, entrances and exits, parking, landscaping, signs and other improvements, and indicating the relationship to the waterfront and adjacent uses and a completed Coastal Assessment Form evaluating the plan's consistency with the Local Waterfront Revitalization Program. The site plan, as approved and/or modified by conditions, shall become part of the record.
(6)
Cluster development. The use of common easements and cluster development shall be encouraged to maximize public access to and enjoyment of the lakeshore.
(7)
Access. Roadways shall be planned to provide the most effective access to individual parcels and lots and the land area devoted to roadways should utilize the minimum land area required to provide such access.
(8)
New roadways. No new roadway or an extension of an existing roadway shall be permitted within 300 feet of Lake Ontario, except to allow for a private road to be dedicated to the Town or where extreme need is shown.
(9)
Buffer strip. Commercial structures shall provide a natural buffer strip to be perpetually maintained so as to provide visual screening and separation between commercial and residential uses.
(10)
Refuse containers. Commercial structures shall provide a commercial type refuse container on site. Such container shall be placed on concrete or stone areas and visually screened, and shall provide rodent control.
(11)
Residential lot line. No commercial structure shall be permitted within 50 feet of the nearest lot line of any resident or residential district.
(12)
Water's edge. All permanent structures, except docks, boathouses, and similar structures, shall be located at least 50 feet from the water's edge.
(13)
Signs. All signs shall conform to the standards given in this chapter, § 265-31. In addition, all signs shall meet the following standard(s):
(14)
Storage of boats at a marina. Storage of boats at a marina is allowed and boats may be dry-docked when repairs are needed. All repairs shall be completed in a timely manner. All stored and dry-docked boats shall be located in areas as may be imposed by the Planning Board in accordance with the approved plans and programs for the Local Waterfront Revitalization Program (LWRP), and as approved through special permit and site development review procedures and shall be screened from neighboring views as much as practical.