(a) Definitions.
(1) AMPIDTHEATER: An outdoor area and/or building, or portion thereof, devoted to live performances.
(2) BOAT LAUNCH/RAMP: A facility to launch and retrieve recreational boats from a trailer. Some are limited to hand launching of canoes. Most ramps have parking lots, a courtesy dock to assist in launching, and refuse containers.
(3) BOAT/JETSKI RENTAL/LEASING: A marine use that allows individuals to rent boats, jet skis, canoes," kayaks, or other watercraft for a specific time period.
(4) BICYCLE RENTAL: A recreational use that allows individuals to rent non-motorized vehicles such as, but not limited to, bicycles for a specific time period.
(5) CHARTER BOAT: A unit with a hired captain, crew and a boat that carries customers or anglers out for a day of fishing for a set period oftime as described in the charter details.
(6) COMMUNITY CENTER: A building for social, educational, and recreational activities of a neighborhood or community provided such building is not operated for commercial gain.
(7) CONFERENCE/BANQUET CENTER: A building or group of rooms which are rented by individuals or groups to accommodate private functions including but not limited to, professional conferences, seminars, banquets, weddings, anniversaries and other similar functions. Such use may or may not include:
A. Kitchen facilities for the preparation of cateriug of food;
B. The sale of alcoholic beverages for on-premises consumption, only during scheduled events and not open to the general public; and
C. Outdoor gardens or reception facilities.
(8) MIRCOBREWERY: A restaurant that prepares handcrafted natural beer as an accessory use intended for the consumption on the premises with limited amount for off premise consumption. Production capacity shall he limited to 5,000 barrels per year. Such accessory use may occupy up to 3 0% of the floor area of the restaurant.
(9) MUSEUM: An establishment for the preserving and exhibiting artistic, historical, scientific, natural, or man-made objects of interest.
(10) MARINA: An establishment providing docking, moorage space, boat storage, and related activities limited to provisioning or minor repair of pleasure boats and yacht. Accessory uses may include, but not limited to showers, toilets, and club house.
(11) OFFICE: A room or group of rooms used for conducting the affairs of business, profession, service industry, or government.
(12) OUTDOOR RECREATION: A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities, provided such facilities are not operated for commercial gain. These shall include, but are not limited to, baseball diamonds, soccer and football fields, and picnic shelters.
(13) PARK: Any public or private land available for recreational, educational, cultural or aesthetic use.
(14) PRIVATE SOCIAL CLUBS: Buildings and facilities, owned or operated by a corporation, association, person or persons, for a civic, social, educational, or recreational purpose, to which membership is required for participation and which are not primarily open to the public.
(15) PERSONAL SERVICES: Any enterprise conducted for gain that primarily offers services to the general public such as shoe repair, watch repair, barbershop, salons, dry cleaners, photography studios or similar activities.
(16) RESTAURANT: A structore in which the principal use is the preparation and sale of food and beverages.
(17) RETAIL ESTABLISHMENT: An establishment engaged in the selling of goods or merchandise within an enclosed building to the general public for personal or household consumption , which is open to the general public during regular business hours and which has display areas that are designed and laid out to attract the general public.
(18) RIVERWALK: A publicly owned or privately owned way, generally open to the sky and unobstructed by buildings, that runs along the river's edge and is open to the public during specified times. It may include, without limitation, any combination of open space, paved areas, landscaped areas, pedestrian paths, and pedestrian furnishings.
(19) THEATER: A building or portion thereof, devoted to showing motion pictures or live performances.
(20) WINERY: A business that produces 5,000 to 10,000 cases per year. The building may include space for bottling, crushing activities, lab, office space, tasting room, storage, an indoor events room, and outdoor event or picnic area A winery shall provide at least two of the following four activities on site: Crushing, fermentation, bulk aging/storage and bottling.
(b) Purpose: The purpose of the Planned Waterfront Overlay District is to promote the development of tourism, marine, retail, recreational uses and enhance public access to the
river and lake to capitalize on Fairport Harbor's location on the Grand River and Lake Erie.
(c) Permitted Uses. All uses within a Planned Waterfront Overlay District (PWD) designated are governed by the provisions of this Code and the approval plan of the project involved. The following are permitted use in the Planned Waterfront Overlay District:
(1) Amphitheater
(2) Bed and breakfast
(3) Boat launch
(4) Boat and jet ski rental
(5) Bicycle rental
(6) Charter boats
(7) Community center
(8) Conference Center
(9) Hotel
(10) Marinas
(11) Microbrewery
(12) Museum
(13) Offices
(14) Outdoor Recreation or Park
(15) Parking Garages
(16) Personal services
(17) Private social clubs
(18) Restaurants
(19) Retail Establishment
(20) Riverwalk
(21) Theater
(22) Winery
(23) Other similar uses approved by the village council
(d) Prohibited Uses: Outdoor storage of boats and boat trailers.
(e) Criteria and Conditions.
(1) Open space requirements: 5% of overlay district shall be in either public access or open space.
(2) Development standards.
A. Grand River/Lake Erie setback: 20 feet (an easement to the village for pedestrian access will be required)
B. Front/side/rear setback from right(s)-of-way and property lines for all buildings: 10 Feet or per development plan.
C. Building separation: per development plan and in accordance with fire department regulations.
D. Maximum Height: 35 feet for buildings within 200 feet of the River or Lake, and top of the bluff or the area beyond more than 200 feet from the lake or river and north of the 3rd Street projection. 45 Feet for buildings between 200 feet and base of the bluff and south of the 3rd Street projection and north of 5th Street projection.
F. Parking: Per the development plan. The Planning Commission may opt to use the standards listed in Section 1129 as a guide.
G. River/Lake Setback Standards: A ten foot wide, hard surface shall be provided adjacent to the river for pedestrian travel. Materials will be approved by the Village through the approval process and shall be suitable to accommodate safety vehicles.
(f) Approval Process.
(2) The Plan may be approved by Planning Commission within 30 working days after submission of the plan at their public meeting after notice has been given and public comment may have been made.
(3) After approved by the Planning Commission, the plan shall be submitted to the Village Council for approval with 14 working days of approval. The Plan may be approved by Council within 30 working days at their public meeting after notice has been given and public comment may have been made.
(Ord. 2011-007. Passed 3-1-11.)
(Ord. 2011-007. Passed 3-1-11.)
(g) Location:
(1) Any land inside Fairport Harbor that is between the west side of High Street and the Grand River and also between Fifth Street, or the projection of Fifth Street, and Lake Erie; and
(2) Any land inside Fairport Harbor that abuts High Street on the East side of High Street between Fourth Street and Lake Erie shall be in the Planned Waterfront Overlay District. (Shown on the official zoning map). (Ord. 2015-032. Passed 6-16-15.)
(h) Establishment of Waterfront Planned District Overlay:
(1) The following shall govern the establishment of the Waterfront Planned District Overlay:
A. The Planned Waterfront District shall be in addition to and shall overlay the existing zoning districts of Marine Industrial (M-1), Community Business (C-2) and Residential (R).
B. Until such time as a property owner applies for and receives approval for the development of a Planned Waterfront District as provided herein, the underlying provisions of the district(s) shall apply.
C. Upon approval by the Village Planning Commission and the Village Council of Planned Waterfront District application and plan, a notation shall be placed on the Village Zoning Map to reflect such approval and that the provisions of the underlying zoning district(s) no longer apply to the land contained within the waterfront district.
D. Each Planned Waterfront District shall be developed in conformance with a development plan which has been reviewed and approved by the Village in accordance with the regulations.
(Ord. 2011-007. Passed 3-1-11.)