All uses permitted by this chapter shall be
subject to such exceptions, additions or modifications as are provided
in the following supplementary regulations.
The height limitations of this chapter shall
not apply to church spires, belfries, cupolas, domes, chimneys, ventilators,
skylights, water tanks and similar features that are necessary mechanical
appurtenances. The Planning Board may request the owner(s) to present
the mechanical/technical information pertinent to support the feature's
height.
In computing yard depths required by this chapter,
the following rules shall be observed:
A.
Patios and decks shall not be considered as part of
a building in the determination of side or rear yard sizes or lot
coverage; provided, however, that such patio or deck is unroofed and
without walls, parapets or other forms of enclosure. Such patio or
deck, however, may have an open guard railing not over 42 inches high
and shall project into any yard to a point not closer than seven feet
to any lot line.
[Amended 1-8-2001 by L.L. No. 2-2001]
B.
Porches. In determining the percentage of building
coverage or the size of yards for the purposes of this chapter, enclosed
porches shall be considered a part of the building. An unenclosed
porch may extend not more than eight feet into a required front yard,
provided that the front line created by this extension shall not exceed
that of the adjoining structure. An unenclosed one-story porch may
project into a required side or rear yard, provided that such porch
shall not be closer than seven feet at any point to any lot line.
[Amended 1-8-2001 by L.L. No. 2-2001]
C.
Projecting architectural features. The space in any
required yard shall be open and unobstructed except for the ordinary
projections of windowsills, cornices, eaves and other architectural
features; provided, however, that such features shall not project
more than two feet into any required yard.
D.
Exterior stairways. Open exterior stairways may extend
into any required yard not more than four feet six inches.
When a district boundary line divides a preexisting
lot in single or joint ownership of record at the time such line is
adopted, the regulations applying to the major portion of the lot
shall apply to the whole lot, and in the case where a lot is divided
exactly in half by the district line, the regulations of the more
restrictive district shall apply to the whole lot. However, if the
back of such lot fronts on a residential street and the effect is
to extend a commercial or industrial use onto the residential street,
the above provisions shall not apply, and each portion of the lot
shall conform to its respective district.
In residential districts where the average front
yard for buildings existing immediately adjacent on either side exceeds
the minimum specified, a front yard shall be provided equal to this
greater average depth, but not exceeding 50 feet. Where such average
front yard is less than the minimum specified, the building may be
built to this lesser depth but shall not be less than 20 feet from
the street line. An adjacent vacant lot shall be considered as having
the minimum front yard as required in the district.
Multiple principal structures are permitted
on all lots in all districts except for uses permitted by right in
the R1 District, provided that all use and bulk requirements are complied
with.
For duplex, multiplex and townhouse structures
located so that each dwelling unit is on an individual lot, the side
or rear yards for the sides that are connecting are reduced to zero.
On every lot in a nonresidential district that
abuts directly a residential district, there shall be provided a landscaped
yard of at least 10 feet on such lot along the line or lines where
it abuts such residential district.
On corner lots the yard facing the street with
the higher classification shall be the front yard. If both streets
have the same classification as determined by the Code Administration
Officer, the owner shall choose which yard is to be the front yard.
This choice shall be binding and can be changed only if the required
setback is provided on the side to be designated as the new front
yard.
B.
Each off-street space shall consist of at least 200
square feet with a minimum width of 10 feet. In addition, space necessary
for aisles, maneuvering and drives shall be provided. Any parking
lot designed for four cars or more bordering any residential district
shall be paved with a crushed-stone base of not less than six inches
in thickness and an asphalt or concrete surface of not less than two
inches in thickness, with material properly drained so as to control
surface water runoff. These boundaries must be landscaped to a minimum
of six feet in width and at least four feet in height of dense shrubbery
or a combination of fence and shrubbery. The parking area must be
kept free from refuse.
C.
In no event shall parking be permitted in any front
yard.
D.
All parking areas or driveways for multifamily dwellings
or commercial or industrial uses shall be constructed to ensure proper
drainage. Ingress and egress points shall be at least 15 feet in width
for one-way lanes and 24 feet in width for two-way lanes.
E.
No parking space shall be permitted that will restrict
any ingress or egress from or access to any loading berth.
F.
Each parking space shall be landscaped and contain
necessary lighting and traffic control signs.
G.
In the CB District, parking spaces may be provided
upon the same lot as the use to which they are accessory or elsewhere
within 1,000 feet of such lot. In all cases such parking spaces shall
conform to all the regulations of the district in which they are located,
and in no event shall such parking spaces for the CB be located in
any R-1 or R-2 District.
H.
Spaces shall be in the same ownership as the property
to which they are accessory or, if under lease for parking purposes,
the term of said lease shall be concurrent with and not less than
the lease of the property to which they are accessory.
A.
Each rebuilt loading berth shall be at least 12 feet
wide, 33 feet long and 14 feet high and may be located either within
a building or in open space but not within required yards, off-street
parking spaces or accessory drives thereto. Unobstructed access, at
least 12 feet wide, to and from a street shall be provided. Such access
may be combined with access to a parking lot. All permitted or required
loading berths shall be on the same lot to which they are accessory.
B.
The number of loading berths required is as follows:
(1)
Community facilities. For public buildings, such as
a museum, art gallery, municipal building or school, with a floor
area of 10,000 square feet, one loading berth is required. For each
additional 25,000 square feet or fraction thereof, one additional
loading berth is needed.
(2)
Retail business uses. For all such uses under 10,000
square feet of gross floor area, no loading berth is required. For
any such uses of 10,000 square feet of gross floor area up to 15,000
square feet, one loading berth is required. For each additional 15,000
square feet of gross floor area or fraction thereof, one additional
loading berth is needed.
[Amended 7-12-1999 by L.L. No. 3-1999]
(3)
Industrial, wholesale business and warehouse uses.
For all such uses over 25,000 square feet up to 40,000 square feet
of gross floor area, two loading berths are required. For each additional
40,000 square feet of gross floor area or fraction thereof over 40,000
square feet, one additional loading berth is required.
[Amended 7-12-1999 by L.L. No. 3-1999]
A.
No front yard shall be used for open storage or parking
of boats, vehicles, travel trailers, snowmobiles and/or snowmobile
trailers, campers, camping trailers, utility trailers, motor homes,
motorcycles or other recreational vehicles except for storage or parking
on clearly defined and recognizable driveways.
[Amended 1-12-2004 by L.L. No. 1-2004]
B.
It shall be unlawful within the limits of the Village
of Waterloo for any person to park any motor home, house trailer or
camper trailer on any street, alley, highway or other public place
between the hours of 9:00 p.m. and 6:00 a.m.
C.
It shall be unlawful within the limits of the Village
of Waterloo in any residential district (R1, R2, R3 or R4), General
Business District (GB), Central Business District (CB) or Service
District (SD) to park or store any commercial vehicles, trailers,
tractors or construction equipment except when such equipment is being
used for construction taking place on the property for which temporary
permits have been issued. Any temporary permits still in use upon
the adoption of this chapter shall expire 30 days after adoption of
this chapter.
The Village prohibits the parking, repair and
storage of motor vehicles, recreational vehicles, boats, campers,
all-terrain vehicles and motorcycles on the Village streets for any
purpose other than temporarily for a period not to exceed 60 hours.
Temporary parking is only permitted where allowed in accordance with
the Village Code.
Overnight parking of commercial vehicles with
a gross vehicle weight over 10,000 pounds is strictly prohibited in
residential districts. Business and industrial districts shall allow
commercial vehicles overnight parking only if off-street parking facilities
for such vehicles are available and associated with the primary land
use.
[Amended 3-10-1997 by L.L. No. 1-1997]
A.
A fence of masonry, wood or other material which creates
a solid (50% or less open space) visual barrier may be located along
any lot line, but not within four inches of such line, when such fence
is not greater than four feet in height. Such fence greater than four
but not more than six feet in height must be located not less than
three feet from the property line. Such fence may be installed within
three feet (but not less than four inches) of the boundary by requesting
special permit review of the Planning Board and the issuance of a
special permit for the installation of such fence by the Planning
Board.
B.
Residential areas.
[Amended 7-12-1999 by L.L. No. 3-1999]
(1)
Except upon order of the Village of Waterloo Zoning
Board of Appeals and the written consent of the property owner(s)
abutting the lot line on or along which a fence is to be built, any
fence built on a lot line or within three feet of such line adjacent
to a dwelling or in a residential district shall not exceed four feet
in height.
(2)
Any fence adjacent to a dwelling or in a residential
district which shall extend toward the street beyond the front line
of either adjoining dwelling or setback line must be either a hedge
type or of open construction and shall not exceed four feet in height.
C.
Natural plantings which are planted so as to form
a continuous, dense hedge and visual screen may be located along any
lot line when such plantings do not obstruct light and air on adjacent
property, are not located between the sidewalk and curb and do not
hang over any lot line, sidewalk, street or alley. The full growth
size shall be taken into consideration when determining planting distance
from the property line to ensure no overhang of property lines. Landscape
plans not in compliance shall be submitted to the Planning Board for
special permit review and approval.
D.
An open fence of chain-link wire, wrought iron, split
rail or similar material which does not screen or obstruct views,
light and air may be located along any lot line not less than four
inches from such line when such open fence is not greater than four
feet in height in any residential district and eight feet in height,
including any barbed top, when allowed, in any nonresidential district
or along any boundary line separating a residential and nonresidential
district.
E.
No shrub or hedge or other obstruction shall be permitted
to grow to a height more than three feet measured perpendicularly
from street grade, if located within 25 feet of the intersection of
two street lines, or so as to interfere with the view of traffic approaching
the intersection within a distance of 75 feet measured along the center
line of each street from the intersection of such center line.
F.
No building, fence or hedge or other obstruction to
a clear view across the corner of a street or road intersection shall
be maintained.
[Added 7-12-1999 by L.L.
No. 3-1999]
G.
No shrub or hedge, fence, post, rails or other obstructions
shall be permitted to grow or to be placed upon any right-of-way of
any Village street or road. The planting of trees in the right-of-way
of Village streets and roads is prohibited except by special permit
review and approval of the Planning Board.
H.
No person shall construct or maintain within the Village
a barbed-wire fence or any fence of which barbed wire is a part, except
that the top of a security fence six feet or more above the ground
in a commercial or industrial district may be of barbed wire.
[Amended 7-12-1999 by L.L. No. 3-1999]
A.
No private swimming pool, in the ground or above,
for incidental use for a single residence shall be constructed or
maintained unless:
(1)
Such pool shall be located in the rear yard no closer
to the lot or property lines than the minimum setback requirements
for a residential structure, except that a pool, including fencing,
shall be no nearer than five feet to the rear ground appurtenances,
excepting walls of the pool itself, ladders and diving boards.
(2)
There shall be erected and maintained a protective
fence extending from the ground to a height of not less than 48 inches
above the ground level, with posts at intervals of not more than eight
feet, enclosing the entire portion of the premises upon which such
pool is constructed or entirely surrounding the area in which such
pool is located, except that such fence may include one or more separate
gates which shall be self-closing and equipped with a locking device
and which such gate or gates shall be constructed so as not to provide
an opening in excess of four feet of width. Aboveground pools with
side walls of not less than 48 inches in height with access by stairs
or deck gate shall not require a fence if access to the pool can be
secured when not attended.
[Amended 7-12-1999 by L.L. No. 3-1999]
(3)
There is sufficient water supply to accommodate such
pool without detriment to normal water consumption requirements and
all proposed water supply connections are proper and adequate.
(4)
The proposed drainage of such pool is adequate and
will not interfere with the public water supply system, with existing
sewage and drainage facilities with the property of others or with
public highways.
(5)
Lighting equipment shall be directed downward and
toward the dwelling on the lot with the pool or be provided with a
shielding device so the light does not shine on adjacent lots.
B.
Such swimming pool shall be deemed a building or structure.
No permit shall be granted for the construction of any such swimming
pool unless and until the construction plans therefor and location
map, in conformity with the above, have been filed with and approved
by the Code Administration Officer.
[Amended 9-14-1998 by L.L. No. 2-1998[1]]
[1]
Editor's Note: This local law also repealed
original § 30.7.16C, which immediately followed this subsection.
In the computation of unit counts, any fractional
or decimal units shall not be counted. Example: A plot of two acres
at a density of 5.8 units per acre would yield 11.6 units, then the
allowable development would be 11 units.
Nothing in this chapter, or any amendment thereto,
shall be construed as changing the plans or use of present buildings
or the construction, use or occupation of any building for which a
building permit has heretofore been issued. All plans heretofore filed
and approved, ratified and confirmed and the rights to construction
thereunder are hereby vested in the holders thereof. All structures
and uses not previously approved will continue to be in violation.
Signs may be erected by special permit and maintained
only when in compliance with the following provisions:
A.
Signs in residential districts. The following types
of nonilluminated signs are permitted in all R1, R2, R3 and R4 Districts
as follows:
[Amended 3-11-2002 by L.L. No. 2-2002]
(1)
No sign shall be larger than 600 square inches in
area, and no sign shall be located nearer to the front line of the
lot than 1/2 the distance between the front line of the lot and the
face of the building nearest the front line of the lot, excluding
sun parlors, enclosed and unenclosed porches and other structures
projecting from the front face of the building. All such signs shall
be located parallel to the front line of the lot.
(2)
Sale or rental signs not larger than four square feet
in area.
(3)
Institutional signs not larger than 20 square feet
in area.
(4)
Development signs shall not exceed 20 square feet
in size and shall not remain up for more than one year unless the
Planning Board issues an extension not to exceed six months.
(5)
Billboards and freestanding advertising signs. Billboards
and freestanding advertising signs are not permitted within the residential
districts.
B.
Signs in Business (CB and GB) and Industrial (LI and
HI) Districts. Business and advertising signs are permitted in business
and industrial districts in accordance with the following regulations:
(1)
Size of signs. No sign shall exceed 100 square feet
in area.
(2)
Projection of signs. No sign in a nonresidential district
shall project more than three feet from the main wall of a building,
nor shall any sign project into a public way.
(3)
Height of signs. No sign shall be higher than the
height limit in the district where such sign is located, nor shall
any sign be located upon the roof of any building.
(4)
Signs shall be permitted only by special permit in
business and industrial districts.
(5)
Signs fronting on a public way shall be no closer
to one another than 100 feet.
C.
No sign shall be permitted within 30 feet of any property
in an R1, R2, R3 or R4 District, nor shall any sign be permitted within
50 feet of a public or parochial school, library, church, hospital
or similar institutional use.
D.
All freestanding signs shall conform to the requirements
of the district in which they are located.
E.
General regulations. The following regulations shall
apply to all permitted uses:
(1)
Signs must be constructed of durable materials, maintained
in good condition and not allowed to become dilapidated. Dilapidated
signs shall be removed by the owner when ordered by the Village Planning
Board.
(2)
Signs, other than an official traffic sign, shall
not be erected within the right-of-way lines of any street or highway.
(3)
Signs shall not project beyond property lines nor
over public sidewalk areas.
(4)
A special permit shall be required for the erection,
alteration or maintenance of any signs permitted in an R1, R2, R3
or R4 Residential District.
(5)
A special permit shall be required for the erection,
alteration or reconstruction of any business or advertising sign.
All temporary signs erected for a special event shall be removed by
the property owner (the person authorizing such placement) when the
circumstances leading to their erection no longer apply or within
30 days, whichever occurs first.
In addition to the primary use districts, certain
uses which are accessory in nature in the primary districts shall
be subject to supplemental regulations as provided in this chapter.
A.
Permitted in the R1, R2 and R3 Districts:
(1)
[1]Private garage of not more than 600 square feet in area;
one storage shed of not more than 200 square feet in area.
[Amended 2-8-1999 by L.L. No. 1-1999]
[1]
Editor's Note: Former Subsection A(2), regarding
storage sheds, which subsection immediately followed this subsection,
was repealed 1-8-2001 by L.L. No. 2-2001.
B.
Special permit in R1, R2, R3, R4, SD and GB Districts;
distance from lot line.
[Amended 1-8-2001 by L.L. No. 2-2001]
(1)
Special permit in R1, R2, R3 and R4 Districts. Accessory
structures and buildings may not occupy any required open spaces other
than rear yard and may not be less than seven feet from any lot line.
Garages built into or attached to dwellings shall not be considered
accessory structures or buildings but as part of the principal building.
Accessory structures and buildings may occupy no more than 40% of
any required rear yard and may not exceed 20 feet in height.
(2)
Special permit in SD and GB Districts. Accessory structures
and buildings may not occupy any required open spaces other than rear
yard and may not be less than three feet from any lot line. Garages
built into or attached to dwellings shall not be considered accessory
structures or buildings but as part of the principal building. Accessory
structures and buildings may occupy no more than 40% of any required
rear yard and may not exceed 20 feet in height.
C.
Permitted in the R2 and R3 Districts: the taking of
not more than two nontransient roomers, provided that no sign is displayed.
D.
Special permit in the R4 District: other customary
accessory uses and buildings, provided that such are incidental to
the principal use and do not include any activity commonly conducted
as business. Any accessory building shall be located on the same lot
with the principal building.
E.
Permitted in the SD and GB Districts: only those accessory
uses customarily incidental to the principal uses and including customary
services within the building, provided that such services are for
the patrons of the principal use of the building and there is no external
evidence of signs advertising the same.
No person or persons being the owner or user
of any recreational vehicle, mobile home, house trailer, camper, trailer
or tent shall park or otherwise locate said equipment or tent upon
any premises within the Village of Waterloo for the purpose of using
the same for living, sleeping, storage or eating quarters in excess
of 14 days, except by permit issued by the Code Administration Officer,
application for which shall state the length of stay and specific
location of placement.
The storage, sale or abandonment of wastepaper,
rags, scrap metal or discarded materials or the collecting, storage,
salvaging or abandonment of machinery or vehicles not in operating
condition in compliance with state motor vehicle laws shall constitute
a junkyard and is in violation of this chapter.
The repair or servicing (not including the inspection and replacing of the resident's vehicle fluids and filters) of any motor vehicle, truck, trailer, tractor, snowmobile, go-cart, all-terrain vehicle or recreational vehicle out of doors, except where such vehicle has stalled on a street or highway, is in violation of this chapter. Repair of a resident's recreational and motor vehicles may be performed in the garage of the resident if doing such repairs does not violate § 245-45 of this chapter.
In any district, it shall be unlawful to use
or to permit to be used any premises within the Village of Waterloo
which use is or may be noxious or offensive by reason of the emission
of odor, stench, dirt, smoke, dust, gas, vibrations or noise which
may be detrimental to the health, safety or general welfare of the
public.
In any district, it shall be unlawful to maintain
a private dump or junkyard.
No person, firm or corporation shall strip,
excavate or otherwise remove soil for sale or for use other than on
the premises from which the same shall be taken, except in connection
with the construction or alteration of a building on such premises
and excavation or grading incidental thereto.
A.
In any district, it shall be unlawful to keep or permit
to be kept any animal or fowl except those normally considered to
be domestic household pets.
B.
Animal harboring, the keeping of more than three dogs,
three cats or any number of other animals or fowl, shall be unlawful.
In the pursuit of a defined terminal educator project or by special
permit a reasonable number of small animals may be maintained, provided
that they do not create a public nuisance.
C.
The installation of auxiliary structures, pens, raceways
or other similar enclosures for the housing of pets shall require
a special use permit.
A.
A home meeting the criteria of a residential-designed
manufactured home shall be allowed in Residential Districts R1, R2,
R3 and R4 by special permit, subject to the provisions and requirements
of such districts, and shall be regulated uniformly with site-built
homes in those districts. Additionally, they must meet the conditions
set forth. They must:
(1)
Provide a fully enclosed foundation with footers below
the frost line constructed of concrete and concrete blocks and provide
anchors capable of securing the stability of the structure.
(2)
Provide that the construction of storage space, additional
rooms or enclosed patios or carports shall have a finished exterior
appearance. No exposed building paper, wallboard or other structural
material will be permitted.
B.
All other mobile homes and modular homes, double-wide
and single-wide, not meeting the standards of a residential-designed
manufactured home shall be permitted in mobile home parks only.
A regulated sexually oriented business shall
be permitted in Districts CB and GB by special permit. Additionally,
it must meet the conditions set forth. It shall be located on any
lot or parcel not within 500 feet of:
A.
Any zoning district within which residential uses
are permitted.
B.
Any other lot or parcel on which a regulated sexually
oriented business or a regulated adult business is located.
C.
Any lot or parcel on which a church or other house
of worship is located.
D.
Any lot or parcel on which a state-licensed day-care
center or school (grades kindergarten through 12) is located.
E.
Any lot or parcel on which a public playground, public
swimming pool or public park is located.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A.
Home occupations and home businesses, where permitted by this chapter,
include but shall not be limited to, the following uses: lawyer, accountant,
author, doctor, engineer, dentist, architect, consultant, realtor,
insurance agent/broker, counselor, artist, teacher, tutor, beautician,
barber, tailor, retail sales, dressmaker, or repairman, excluding
the repair of motor vehicles.
B.
The home occupation or home business shall be carried on wholly within
the principal building and shall not cover more than 10% of the floor
area for a home occupation or 15% of the floor area for a home business.
C.
Not more than one person outside the family shall be employed in
the home business, and no person outside the family shall be employed
by the home occupation.
D.
There shall be no exterior display or storage of materials and no
other exterior indication of the home occupation or home business
or variation from the residential character of the principal building
with the exception of a permitted sign. The sign shall be permitted
only in accordance with the sign regulations of this chapter.
E.
No offensive noise, vibration, smoke, dust, odors, heat, light, or
glare shall be produced.
F.
Use of property as a dropoff point for merchandise not produced by
such home occupation or home businesses is prohibited.
G.
Parking for home occupations and home businesses shall be permitted
in accordance with the parking regulations of this chapter.
H.
The home occupation or home business shall not involve the outdoor
storage of automobiles, motorized construction equipment, recreational
vehicles, or travel trailers.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A.
Site plan review and a special use permit by the Planning
Board, along with a short-term rental permit is required for all vacation
rentals also called "short-term rentals." An owner shall obtain a
revocable short-term rental permit whenever a dwelling unit is to
be used for short- term rental purposes. Site plan review will apply
specific scrutiny to population density on private roads. A preliminary
hearing before the Planning Board is strongly recommended before deciding
to offer your home for vacation rental or purchasing or remodeling
with the intent of short-term renting.
(1)
Both a special use permit and short-term rental
permit shall be obtained prior to using the unit as a short-term rental.
(2)
A short-term rental permit shall expire on its
one-year anniversary, and must be renewed prior to or upon expiration
as long as the unit is used as a short-term rental. Renewal of short-term
rental permit and inspection is to be performed by the Village of
Waterloo Code Enforcement Officer.
(3)
The special use permit and short-term rental
permit is transferable to a new owner, so long as the owner registers
with the Village of Waterloo, updates the short-term rental permit
application, and agrees in writing to comply with the requirements
of the short-term rental permit and the special use permit and these
regulations.
(4)
If the terms of the short-term rental permit
are not kept or these regulations not followed, the short-term rental
permit may be revoked and the owner subject to penalties.
B.
Short-term rental permit application requirements.
An application[1] for (or renewal of) a short-term rental permit shall be
submitted to the Village of Waterloo Enforcement Officer, signed by
all persons and entities that have an ownership interest in the subject
property, shall be accompanied by payment of a permit fee of $500,
shall be accompanied by a copy of the current vesting deed showing
how title to the subject property is then held, shall be completed
on the form provided by the Village of Waterloo and shall provide
the following information:
(1)
A list of all of the property owners of the short-term
rental, including names, addresses, telephone numbers (including mobile
numbers) and e-mail addresses.
(2)
Completion of a signed and notarized affidavit
by the property owners certifying the following:
(a)
There shall be one functioning smoke detector
in each sleeping room and at least one functioning smoke detector
in at least one other room, one functioning fire extinguisher in the
kitchen and at each exit, and at least one carbon monoxide detector.
(b)
Exterior doors shall be operational and all passageways
to exterior doors shall be clear and unobstructed.
(c)
Electrical systems shall be serviceable with
no visual defects or unsafe conditions.
(d)
All fireplaces, fireplace inserts or other fuel-burning
heaters and furnaces shall be vented and properly installed.
(e)
Each sleeping room shall have an exterior exit
that opens directly to the outside, or an emergency escape or rescue
window.
[1]
The number of sleeping rooms within
the short-term rental, as defined in this section.
[2]
The number of parking spaces on
the property that meet the standards set forth below.
[3]
Affidavit certifications shall be
valid during the term of the short-term rental permit, or until modifications
requiring a building permit are made, or until the Village of Waterloo
Code Enforcement Officer has reason to believe an inspection is warranted.
(3)
A site plan, drawn to scale, showing the location
of buildings, required parking and, if not served by a public sewer,
the location of the septic system and leach field. An accurate, suitable
plan need not be prepared by a professional.
(4)
If the property is served by a private septic
system, maximum capacity is limited to the capacity of the septic
system, an engineer's certification as to capacity and compliance
with all aspects of New York State Codes Rules and Regulations Appendix
75-A.[2] Regardless of the capacity of the septic system or public
sewer, maximum number of bedrooms that can be rented is limited to
four and maximum occupancy is 10.
[2]
Editor's Note: See 10 NYCRR App. 75-A.
(5)
Mobile telephone numbers and e-mail address of
a contact person, who shall be responsible, and authorized, to act
on the owner's behalf to promptly remedy any violation of these
standards or the permit. The contact person may be the owner or an
agent designated by the owner to serve as a contact person.
(6)
The maximum occupancy for each short-term rental
unit shall be the lesser of 10 people or the number of people allowed
by bedroom capacity as determined by the International Property Maintenance
Code § 404.4.1 plus two people. For this purpose, every
bedroom shall contain not less than 70 square feet (6.5 m2) and every bedroom occupied by more than one person
shall contain not less than 50 square feet (4.6 m2) of floor area for each occupant thereof. So in other words, 70
square feet for one occupant, 120 square feet for two, 170 square
feet for three, etc.
(7)
Regardless of all other occupancy limitations,
maximum occupancy is limited to 10 people and occupancy limitations
are in effect 24 hours a day.
(8)
The property must have off-street parking spaces
of a minimum of one parking space per bedroom, maximum number of vehicles
(including trailers of all kinds) shall be the number of bedrooms
plus one, provided adequate off-street parking is provided. Parking
on the grass is specifically prohibited. This parking regulation is
in effect 24 hours a day with no exceptions. Maximum number of vehicles
(including trailers of any kind) is limited to five.
(9)
A house number visible from the street or road
shall be maintained.
(10)
The dwelling shall not be altered in a manner
which would cause the premises to differ from its residential appearance
or character.
(11)
Provisions shall be made for weekly garbage
removal during rental periods. Garbage containers shall be secured
with tight-fitting covers at all times to prevent leakage, spilling
or odors, and placed where they are not clearly visible from the street
or road except around pickup time.
(12)
Advertisements for the short-term rental must
conform to what is allowed under these regulations and the short-term
rental permit.
[1]
Editor's Note: A copy of an application is included as an
attachment to this chapter.
C.
Procedure upon filing application.
(1)
Upon the filing with the Village of Waterloo
Code Enforcement Officer of the permit applications, permit fee, and
all documents and information required by this chapter, the Planning
Board and Village of Waterloo Code Enforcement Officer shall have
30 days to review the application and then either issue the permit,
with or without conditions, or notify the applicant in writing that
the application has been denied, along with the reason or reasons
for denial. If a permit is issued, the permit shall bear the signature
of the Village of Waterloo Code Enforcement Officer.
(2)
In reviewing the application, the Village of
Waterloo Code Enforcement Officer will inspect the property and shall
use the results of such inspection in determining whether to issue
the permit, with or without conditions, or to not issue the permit.
The applicant agrees to allow interior and exterior inspections by
the Village of Waterloo Code Enforcement Officer of the property at
application, renewals.
(3)
In issuing a short-term rental permit, the Village
of Waterloo Code Enforcement Officer may impose such reasonable conditions
and restrictions as are directly related to and incidental to the
use of the property for short-term rentals so long as such conditions
and restrictions are consistent with the requirements of the Village
of Waterloo Code Regulations and are imposed for the purpose of minimizing
any adverse impact the issuance of the short-term rental permit may
have on the neighborhood or community.
(4)
The Village of Waterloo Code Enforcement Officer
may decline an application for any of the following reasons:
(a)
If the application is incomplete, the documentation
required by this chapter was not included with the application or
the full permit fee, in payment form acceptable to the Village of
Waterloo Clerk, was not included with the application.
(b)
If the Village of Waterloo issued a short-term
rental permit to any of the owners needing to sign the short-term
rental permit application and any of such owners had a short-term
rental permit revoked within the previous year.
(c)
If the affidavit from the owner or, if conducted,
an inspection conducted by the Village of Waterloo Code Enforcement
Officer as authorized in this section does not evidence that the subject
property is in compliance with this chapter.
(d)
If the site plan is not approved by the Planning
Board in the site plan review process.
(5)
Short-term rental permits issued pursuant to
this section shall state the following:
(a)
The names, addresses and phone numbers and mobile
phone number of every person or entity that has an ownership interest
in the short-term rental property and of a primary contact person
who shall be available during the entire time the short-term rental
property is being rented. If a rental agency is used, an emergency
contact twenty-four-hour phone number is required.
(b)
The maximum occupancy and vehicle (including
trailers) limits for the short-term rental unit;
(c)
Identification of the number of and location
of parking spaces available;
(d)
A statement that littering is illegal;
(e)
A statement that all fires must be attended;
(f)
A statement that the short-term rental permit
may be revoked for violations;
(g)
Any conditions imposed by the Village of Waterloo
Code Enforcement Officer;
(h)
Expiration date of the permit.
D.
Conformity and display of permit.
(1)
The issuance of a short-term rental permit is
subject to continued compliance with the requirements of these regulations.
(2)
Prior to any tenants coming onto the short-term
rental property:
(a)
The current short-term rental permit shall be
prominently displayed inside and near the front entrance of the short-term
rental; and
(b)
A copy of the current short-term rental permit
shall be provided to every adjacent property owner and to every property
owner within 150 feet of the short-term rental property (whether on
the same side of the road, across the street or behind the subject
property). A statement of compliance with this provision, stating
the owners served, and their addresses, and the method of service
(e.g., mail, personal delivery), shall be provided to the Village
of Waterloo Code Enforcement Officer.
(3)
The owners must ensure that current and accurate
information is provided to the Village of Waterloo Code Enforcement
Officer and that they notify the Village of Waterloo Code Enforcement
Officer immediately upon any information contained on the permit changing.
If, based on such changes, the Village of Waterloo Code Enforcement
Officer issues an amended short-term rental permit, the owners must
immediately replace the permit displayed inside and near the front
entrance of the short- term rental with the amended permit and must
immediately provide a copy of the amended permit to every adjacent
property owner and to every property owner within 150 feet of the
short-term rental property (whether on the same side of the road,
across the street or behind the subject property).
E.
Compliance, hearings and penalties. Owners of short-term
rental units shall obey all applicable laws, ordinances and regulations
of the Village of Waterloo, county and the United States of America,
and shall be subject to the enforcement and penalty proceedings contained
in this chapter. The following process shall be followed in the event
of a complaint alleging of a violation of these regulations or a permit
issued under these regulations:
(1)
The complaining party shall first attempt to
contact the contact person designated on the permit, describe the
problem and indicate the desired remedy.
(2)
The contact person shall, within 12 hours of
receiving the complaint, respond to the complaint and remedy as soon
as reasonably possible any situation that is out of compliance with
these regulations or with the permit for the property.
(3)
If the response is not satisfactory to the complaining
party (including the inability to promptly reach the contact person),
the complaining party may file a complaint with the Village of Waterloo
Code Enforcement Officer by submitting a written complaint including
the date, time and nature of the alleged violation as well as a statement
that the complainant either unsuccessfully attempted to contact the
contact person or did contact the contact person but the complaint
was not adequately resolved. A failure to attempt to contact the contact
person will not excuse a violation.
(4)
If the Village of Waterloo Code Enforcement Officer
finds a violation of the permit or of this section, the Village of
Waterloo Code Enforcement Officer may do any of the following depending
on the circumstances:
(5)
Should a permit be revoked, none of the owners
of the short-term rental property may obtain any short-term rental
permit sooner than one year after the date of revocation.
(6)
The Village may initiate enforcement proceedings
under this chapter at any time following receipt of a complaint.
(7)
Decisions of the Village of Waterloo Code Enforcement
Officer will be provided to the parties and may be appealed, within
30 days of receipt of the decision, by the owner or by the complainant
to the Vacation Rental Grievance Board, appointed by the Village of
Waterloo Board, consisting of one Village Board member, one Village
resident who holds a short-term rental permit, and one Planning Board
member who does not hold a short-term rental permit. The appealing
owner or complainant shall make a written request for a hearing to
the Village Clerk, and the Vacation Rental Grievance Board shall hear
the appeal within 15 days of the request, during which time the decision
of the Code Enforcement Officer shall be stayed. At the hearing, the
Vacation Rental Grievance Board shall accept evidence offered by the
property owner, the complaining party, Village of Waterloo Code Enforcement
Officer and any other witness with relevant evidence. The Vacation
Rental Grievance Board shall make its decision within 10 days of the
hearing, and may uphold the Village of Waterloo Code Enforcement Officer's
decision, reject it, or modify it.
(8)
Any property owner found in willful violation
of the provisions of this section shall be required to reimburse the
Village for its reasonable costs of enforcement, including reimbursement
for staff time and reasonable attorney's fees.
(9)
All complaints shall be logged by the Enforcement
Officer and attached to the permit copy at the Village office. They
are for the purpose of review when the application is up for renewal.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A.
Bed-and-breakfast inns shall be permitted in all land
use districts as accessory use in single-family dwellings only.
B.
The operator of the bed-and-breakfast inn shall reside
on the premises.
C.
The dwelling shall not be altered in a manner which
would cause the premises to differ from its residential appearance
or character.
