The Waterfront Overlay District is a supplementary zoning district
which applies to designated lands, as shown on the Zoning Map, simultaneously
with one of the other zoning districts established in this chapter,
hereinafter referred to as the "underlying" zoning district. Lands
included in the Waterfront Overlay District are characterized by uses
which are strongly oriented toward recreational experience and enjoyment
of the waterways and shorelines of the Village. It is the intent of
the Waterfront Overlay District to provide regulations in addition
to those contained in the underlying zoning district pertaining to
lands located in the resort waterfront areas of the Village. The purpose
of these regulations is to recognize the unique physical, economic,
and social attributes of resort waterfront properties and to ensure
that structures and uses in this zoning district are compatible with
and protect these unique attributes.
Land, structures and buildings in this zoning district may be
used only for those uses listed as either a permitted use or special
land use in the underlying zoning district in which the land is located.
All waterfront developments shall be designed and constructed
in conformance with the following requirements:
A.
Waterfront developments shall maintain, to a reasonable extent, open
and unobstructed views to the waterfront from adjacent properties,
roadways, and pedestrian ways.
B.
Waterfront developments shall be designed to provide uninterrupted
public pedestrian access to and/or along the shoreline of the property
at locations as required by the Planning Commission. The waterfront
development shall provide a duly recorded, public pedestrian access
easement to accomplish such access, and shall include construction
of improved pedestrian pathways or walkways in accordance with standards
established by the Village for such purpose.
C.
When construction of the pedestrian pathways required in Subsection B, above, would not result in a functional or useful pedestrian circulation route, because of the lack of completion of planned facilities on adjacent property(ies), the construction of such pathways may be deferred, provided that such construction shall be secured by a performance guarantee in accordance with § 390-153 of this chapter.
D.
The design of waterfront developments shall take into account environmental
factors that affect the shoreline, in particular, erosion, pollution,
and protection of wildlife. Applicants shall present evidence which
demonstrates that these factors have been considered and adequately
addressed.
A.
Regulations pertaining to minimum lot area, minimum lot width, required
yards, and minimum residential floor area shall be as required by
the underlying zoning district.
B.
Maximum building height shall be subject to the following limitations,
unless the requirements of the underlying zoning district are more
restrictive, in which case the limitations of the underlying zoning
district shall be satisfied (Figure 390-88).
(1)
When any part of a building is located less than 50 feet from a shoreline,
the part of the building so located shall be subject to a maximum
building height of 25 feet.
(2)
When any part of a building is located between 50 feet and 100 feet
from a shoreline, the part of the building so located shall be subject
to a maximum building height of 35 feet.
(3)
When any part of a building is located greater than 100 feet from
a shoreline, the part of the building so located shall be subject
to the maximum building height limitations of the underlying zoning
district.
C.
All other applicable district regulations shall be those provided
for in the underlying zoning district, except that, where more than
one limitation applies, the more restrictive of the two limitations
shall apply.
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