B.
Additional area and yard regulations.
(1)
Lots of less than required dimensions.
(a)
Any lot with an area or a width less than that required in the
district in which said lot is located may be used for any purpose
permitted in the district, provided that all other regulations prescribed
for the district shall be complied with and, further, provided that
said lot was held under separate ownership at the time of the adoption
of this chapter and the owner thereof owned no adjoining land that
could be combined with said lot to meet the dimension requirements.
(b)
In the event that compliance with the yard and coverage requirements
of the district would result in a residential structure of less width
than 24 feet, the Board of Appeals shall determine and fix yard and
coverage requirements for said lot to permit its reasonable utilization
for a permitted use.
(2)
Reduction of lot area. The minimum yards and open spaces, including
lot area per family, required by this chapter for any building existing
at the time of adoption of this chapter or for any building hereafter
erected or structurally altered shall not be encroached upon or considered
as yard or open space requirements for any other building, nor shall
any lot be reduced below the district requirements of this chapter.
(3)
Corner lots. On a corner lot in any district where a front yard is
required, a yard shall be provided on each street, equal in depth
to the required front yard on such streets. One rear yard shall be
provided on each corner lot, and the owner shall designate the rear
yard on his application for a zoning permit. Nothing in this regulation
shall be so interpreted as to reduce the building width of a corner
lot, facing an intersecting street and of record at the time of the
passage of this chapter, to less than 24 feet.
(4)
Visibility at street corners. On a corner lot in any district where
front yard is required, no fence, wall, hedge or other structure or
planting more than three feet in height shall be erected, placed or
maintained so as to obstruct visibility of vehicular traffic within
the triangular area formed by the intersecting street right-of-way
lines and a straight line joining said lines at points 20 feet distant
from the point of intersection, measured along said lines.
(5)
Front yard exceptions. The front yard of all buildings and structures
hereafter constructed within a residence district shall not be less
than the average front yard of all buildings in the block for a distance
of 300 feet on each side of such building. A vacant lot within the
three-hundred-foot distance shall be considered as having the minimum
front yard required in the district for the purpose of computing such
average front yard.
(6)
Transition yard requirements.
(a)
Where two districts abut the same street between two intersecting
streets and the front yard requirements of one district are less than
those of the other district, there shall be provided for buildings
hereafter constructed or structurally altered within a distance of
50 feet from the district boundary line in the less-restricted district
a front yard equal in depth to the average of the required depth in
the two districts.
(b)
Where the side or rear yard of a lot abuts a side or rear yard
of a lot in a more-restricted district, there shall be provided along
such abutting line or lines a side or rear yard equal in depth to
that required in the more-restricted district.
(7)
Projecting architectural features, terraces, porches and fire escapes.
(a)
The space in any required yard shall be open and unobstructed
except for the ordinary projections of windowsills, belt courses,
cornices, eaves and other architectural features; provided, however,
that such features shall not project more than two feet into any required
yard.
(b)
A paved terrace shall not be considered as part of a building
in the determination of yard sizes or lot coverage, provided that
such terrace is unroofed and without walls, parapets or other forms
of enclosure exceeding six feet in height.
(c)
In determining the percentage of building coverage or the size
of yards for the purpose of this chapter, enclosed porches or porches
open at the side but roofed shall be considered a part of the building.
(d)
An open fire escape may extend into any required yard by more
than six feet, provided that such fire escape shall not be closer
than four feet, at any point, to any lot line.
(e)
Unenclosed entrance steps or stairways providing access to the
first story of a building may extend into any required yard a distance
not to exceed six feet.
(8)
Walls, fences and hedges. The yard requirements of this chapter shall
not prohibit any necessary retaining wall nor any fence, wall or hedge
permitted by town ordinance, provided that, in any residence district,
such fence, wall or hedge shall be no closer to any front lot line
than two feet and shall comply with visibility at street corners as
provided in this article. Fences and hedges shall be a maximum height
of six feet between buildings used as dwellings.
[Amended 8-6-1968; 7-7-1987]
C.
Additional height requirements.
(1)
Chimneys, spires, etc. The height limitations of this chapter shall
not apply to belfries, church spires, cupolas, penthouses and domes
which are not used for human occupancy; nor to chimneys, ventilators,
skylights, water tanks and necessary mechanical appurtenances usually
carried above the roof level; nor to barns, silos, monuments, transmission
towers and cables, radio and television antennas or towers and similar
structures. Such features, however, shall be erected only to such
height as is necessary to accomplish the purpose for which they are
intended. No advertising device of any kind whatsoever shall be inscribed
upon or attached to that part of any chimney, tower, tank or other
structure which extends above the roof limitations.
(2)
On through lots. On through lots 120 feet or less in depth, the height
of a building may be measured from the grade of either street. On
through lots more than 120 feet deep, the height regulations and basis
of height measurement for the street permitting the greater height
shall apply to a depth of not more than 120 feet from that street.
D.
Accessory buildings: number, height and location.
(1)
Height. The maximum height of accessory buildings shall be one story
or 15 feet, except for buildings used for agricultural purposes.
(2)
Location.
(a)
Unattached accessory buildings in residence districts. Accessory
buildings which are not attached to a principal building may be erected
within the rear yard, in accordance with the following requirements:
(3)
Attached accessory buildings in residence districts. When an accessory
building is attached to the principal building, it shall comply, in
all respects, with the requirements of this chapter applicable to
the principal building.
(4)
Accessory buildings in business districts. Nondwelling accessory
buildings shall comply with front and side yard requirements for the
principal building to which they are accessory.
[Added 10-7-1997 by L.L. No. 7-1997]
The following are greenspace requirements for the districts
indicated:
|
District
|
Percentage of Greenspace
|
|---|---|
|
C-1 Commercial District
|
35%
|
|
C-2 Commercial District
|
35%
|
|
C-3 Commercial District
|
35%
|
|
M-1 Manufacturing District
|
35%
|
|
M-2 Manufacturing District
|
35%
|
A.
Off-street parking.
(1)
Off-street parking space shall be required for all buildings constructed or new uses established after the effective date hereof. Each off-street space shall consist of at least 170 square feet with a minimum width of eight feet. In addition, space necessary for aisles, maneuvering and drives shall be provided. Parking requirements are specified in Subsection D, Off-Street Parking Schedule. For uses not specified, the Board of Appeals shall, on appeal and after recommendation of the Planning Board, establish parking requirements in specific cases, consistent with those specified in Subsection D, Off-Street Parking Schedule.
(2)
For any building having more than one use, parking spaces shall be
required as provided for each use.
(3)
Parking spaces required in residence districts shall be located in
the side or rear yard on the same lot or tract as the principal use.
(4)
Floor areas, for the purposes of computing parking requirements,
shall be the sum of the horizontal area within exterior walls of the
several floors of a building, excluding basement, cellar and attic
areas used primarily for storage or service.
B.
Off-street loading.
(1)
At least one off-street loading facility shall be provided for each commercial or industrial establishment hereafter erected or substantially altered to have a gross floor area in excess of 5,000 square feet, computed as described in Subsection A above. Space for off-street loading shall be in addition to space for off-street parking.
(2)
Each facility shall be subject to the following minimum requirements:
(a)
Each berth shall be not less than 12 feet wide, 33 feet long
and 14 feet in height when covered.
(b)
Space for such berth may occupy any part of any required side
or rear yard, except that no such berth shall be located closer than
100 feet to any lot in any residence district unless wholly within
a completely enclosed building.
D.
Off-Street Parking Schedule.
|
Use
|
Spaces Required
|
|---|---|
|
Dwellings
|
1 for each dwelling unit
|
|
Rooming houses, tourist homes, motels, hotels
|
1 for each guest room
|
|
Administrative, professional, eleemosynary, governmental or
utility offices
|
1 for each 600 square feet of floor space
|
|
Funeral homes
|
10, plus space for all employee and resident personnel cars
|
|
Physicians' or surgeons' offices
|
4 for each physician or surgeon who maintains an office in the
building
|
|
Churches or temples
|
1 for each 5 seating spaces in main assembly room
|
|
Schools
|
2 for each elementary classroom
|
|
Theaters or other places of assembly
|
1 for each 5 seating spaces
|
|
Hospitals, sanatoriums, nursing or convalescent homes
|
1 for each 4 beds
|
|
Retail stores or banks
|
1 for each 400 square feet of floor area
|
|
Clubs and restaurants
|
1 for each 50 square feet of floor area
|
|
Bowling alleys
|
5 for each alley
|
|
Wholesale, storage, freight terminal or utility uses
|
1 for each 1,000 square feet of floor area
|
|
Industrial or manufacturing uses
|
1 for each 2 employees on the maximum working shift
|
|
Home occupations
|
1 for each 100 square feet of floor area devoted to such use
|
|
Multiple dwellings
|
1 for each dwelling unit in the building; provided, however,
that no front yard shall be used for the open-air parking or storage
of any motor vehicle
|
|
Office buildings
|
1 for each 300 square feet of office floor area
|
The size, type and location of any sign or advertising device
shall be in accordance with the following regulations:
A.
Signs in R Residence Districts.
(1)
The following signs shall be permitted in R Residence Districts:
(a)
Nameplate, identification signs and professional signs indicating
the name and address of the professional or business person, or the
occupant in a permitted home occupation, in any premises used for
any of the uses permitted in a residence district, provided that such
signs shall not exceed four square feet in area and shall not emit
any flashing or intermittent illumination.
(b)
Institutional signs for schools, churches, hospitals or similar
public or semipublic institutions, provided that such signs shall
not be greater than 15 square feet in area and shall not emit any
flashing or intermittent illumination.
(c)
Business signs pertaining only to a legal nonconforming use
of the premises on which it is located, provided that such signs shall
not exceed 20 square feet in area and shall not emit any flashing
or intermittent illumination.
(d)
Temporary signs advertising the sale, rental, construction or
improvement of the premises on which they are located, provided that
such signs shall not exceed six square feet in area, shall not be
illuminated and shall be promptly removed by the property owner when
the circumstances leading to their erection no longer apply.
(2)
Signs advertising functions, uses, products or services not pertaining
to the premises on which they are located and mobile advertising or
attracting devices shall not be permitted in any R Residence District.
B.
Signs in C Commercial Districts.
(1)
The following signs shall be permitted in C Commercial Districts:
(a)
Signs permitted in R Residence Districts.
(b)
Business signs pertaining only to a permitted use, product or
service on the premises on which they are located, provided that the
aggregate area of all signs on the premises shall not be greater than
three square feet for each foot of frontage actually occupied by such
use, but not exceeding 200 square feet of aggregate sign area.
(c)
Temporary signs advertising the sale or rental or construction
or improvement of the premises on which they are located, provided
that such signs shall not exceed 10 square feet in area and shall
be promptly removed by the agent or owner when the circumstances leading
to their erection no longer apply.
(2)
Signs advertising functions, uses, products or services not pertaining
to the premises on which they are located shall not be permitted in
any C Commercial District.
C.
Signs in M Manufacturing Districts. The following signs shall be
permitted in M Manufacturing Districts:
(1)
Signs permitted in C Commercial Districts.
(2)
Signs pertaining to functions, uses, products or services, whether
or not pertaining to the premises on which they are located, provided
that such signs shall not exceed 300 square feet in area and shall
not direct any source of illumination toward any public street or
adjacent residential property.
(3)
Temporary signs advertising the sale or rental or construction or
improvement of the premises on which they are located, provided that
such signs shall not exceed 100 square feet in area and shall be promptly
removed by the agent or owner when the circumstances leading to their
erection no longer apply.
D.
General regulations.
(1)
The number of signs permitted on any single parcel shall not exceed
the number of lot lines of said parcel which abut a public right-of-way.
(2)
Signs shall be constructed of durable materials and shall be maintained
in a good condition. Signs which are permitted to deteriorate shall
be removed upon direction of the Town Board following notification
to the owner.
(3)
No sign shall project more than four feet beyond property lines over
public sidewalk areas.
(4)
No sign shall be erected which, in the opinion of the Town Board,
may cause hazardous or unsafe conditions. Such signs shall be removed
upon direction of the Town Board following notification to the owner.
(5)
No sign shall be located higher than the building to which it is
attached.
(6)
No sign, other than an official traffic sign, shall be erected within
the right-of-way of any public street.
(7)
No sign shall have a source of illumination directed toward a public
street or adjacent property.
(8)
No billboard or outdoor advertising sign shall be permitted which
faces the front or side lot line of any residential district within
100 feet of such lot line or which visibly faces any public parkway,
public square or entrance to any public park, school, library, church
or similar institution within 300 feet thereof or within 1,000 feet
of any federal, state, county or town existing or proposed limited
access highway.
(9)
A sign or notice on a religious, educational or professional use
type premises which contains material relevant solely to the occupants
of the premises, something to occur on the premises or something connected
with the premises shall not be prohibited by this section. Signs to
be erected by a nonprofit community service organization, which are
intended as a public service for the good of the community, may be
erected upon the granting of a special permit.
A.
The regulations for large-scale planned districts are intended to
provide a means for the development of entirely new residential, commercial
or industrial subdivisions, parks or estates in which certain economies
of scale or creative architectural or planning concepts may be utilized
by the developer without departing from the spirit and intent of the
Zoning Ordinance. In no case shall the regulations of this section
be so interpreted as to circumvent the benefits of this chapter to
the residents or occupants of such development or the residents or
occupants of adjoining properties. Large-scale planned districts as
defined herein may be established only in accordance with the procedure
specified in this section.
(1)
The site for a large-scale planned development shall not be less
than 10 acres for a residential development, three acres for a commercial
development or 10 acres for a planned industrial development. The
calculation of such land area shall not include existing streets,
easements, parks or otherwise dedicated land or water areas in excess
of 5% of the minimum gross acreage, lands officially designated on
the Official Map of the town or county, as they may be prepared for
public purposes, or lands undevelopable by reason of topography, drainage
or adverse subsoil conditions.
(2)
Application for establishment of a planned development shall be made
to the Town Board. The Town Board shall refer the application to the
Town Planning Board within 30 days of the date of application. The
Planning Board shall require the applicant to furnish basic site data
pertaining to the boundaries of the proposed planned development,
existing zoning, the topography and subsoil conditions and such preliminary
plans as may be required for an understanding of the proposed development,
with the petitions for the desired zoning changes.
(3)
Large-scale planned districts shall be considered as a single parcel for the purpose of applying the regulations for yard dimensions as specified in Article III. Individual buildings and structures within such district need not conform to the regulations of Article III, provided that any variation from such regulations shall not be contrary to the intent of this chapter and shall conform to the standards set forth in Subsection B hereof. The requirements for off-street parking, loading and unloading, screening and other transitional measures shall be as specified in this chapter. Such requirements are minimum specifications and may be more restrictive in accordance with the standards set forth in the following subsection.
(4)
The Planning Board may require such changes in said preliminary plans
as are found to be necessary to meet the requirements of this chapter.
The Board may make such additional requirements as are deemed reasonably
necessary to protect the established or permitted uses in the vicinity
and to promote and protect the orderly growth and sound development
of the municipality. In reaching its decision on the proposed development
and changes, if any, in the preliminary plans, the Planning Board
shall consider, among other things, the following:
(a)
The need for the proposed land use in the proposed location.
(b)
The existing character of the neighborhood in which the use
would be located.
(c)
The location of principal and accessory buildings on the site
in relation to one another.
(d)
The pedestrian circulation and open space in relation to structures.
(e)
The traffic circulation features within the site and the amount,
location and access to automobile parking areas.
(f)
The height and bulk of buildings and their relation to other
structures in the vicinity.
(g)
The proposed location, type and size of display signs, driveways,
loading zones and landscaping.
(h)
The safeguards provided to minimize possible detrimental effects
of the proposed use on adjacent properties and the neighborhood in
general.
(5)
The Planning Board shall approve, approve with modifications or disapprove
such application and shall report its findings to the Town Board within
45 days following the date of referral to the Planning Board.
(6)
The Town Board shall hold a public hearing on the proposal with public
notice, as provided by law as in the case of an amendment to this
chapter.
(7)
The Town Board may then amend this chapter so as to define the boundaries
of the planned district. Such action shall have effect only of granting
permission for development of the specific proposed use in accordance
with the preliminary plans filed with the Town Board. Such planned
districts shall be designated R-P, C-P or M-P according to the type
of development. Such amendment of this chapter shall not constitute
or imply a permit for construction or approval of construction plans.
(8)
In the event that the Planning Board has disapproved such proposal,
or approved with modifications which the applicant is unwilling to
make, an affirmative vote of not less than 2/3 of the members of the
Town Board shall be required to establish such planned district.
(9)
If construction work on the proposed development is not begun within
time limits specified by the Town Board or if such work is not completed
within the period of time specified by the Town Board, approval of
the application shall become null and void, and all rights thereunder
shall lapse, and the land shall be deemed subject to the same regulations
and restrictions as were effective before such approval, unless the
Town Board, for good cause, authorizes an extension of either period.
Such extension may be authorized without a public hearing.
(10)
All conditions imposed by the Town Board, including those the
performance of which are conditions precedent to the issuance of any
permit necessary for the development of any part of the entire site,
shall run with the land and shall not lapse or be waived as a result
of any subsequent change in the tenancy or ownership of any or all
of said area. Such conditions shall be a part of any certificate of
occupancy issued for any use or structure in such development.
B.
Use and area, height and bulk regulations for large-scale planned
districts.
(1)
(2)
C-P Planned Commercial Districts. The following uses shall be permitted
and the following regulations shall apply to any C-P Planned Commercial
District:
(a)
Uses permitted in C-1 Commercial Districts.
(3)
M-P Planned Manufacturing Districts. The following uses shall be
permitted and the following regulations shall apply to any M-P Planned
Manufacturing District:
(a)
Laboratories; manufacturing, compounding, assembling or fabricating
plants; warehouses or storage facilities; agricultural product packaging,
processing or storage facilities; and business signs, none of which
may become hazardous, noxious or offensive by reason of the emission
of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse
matter or water-carried wastes or may cause a potentially hazardous,
noxious or offensive condition.
A farm shall be of a minimum size of five acres. It shall not
create a public nuisance or hazard. Custody of poultry or livestock,
except common household pets, shall be approved by the Board of Appeals
upon the filing of application for a special permit with said Board.
The basis on which the Board shall grant such a permit shall be that
such use shall not constitute a public or private nuisance.
A.
It is one of the intentions of this Zoning Ordinance and Map to safeguard
the citizens of Waterford from undue health and sanitation hazards.
For this reason, the boundaries between the R-75 and R-100 Residence
Districts were determined primarily by the location of sewer lines
on the date of establishment of this chapter. The smaller minimum
frontage dimension (R-75) in most, but not necessarily all, cases
represents those areas where sewer lines were previously installed.
B.
Where it can be shown that adequate facilities exist, or will exist
prior to the subdivision of land, for the adequate collection, treatment
and disposal of sewage in areas presently zoned R-100, petitions will
be favorably received for the reclassification of such sewer serviced
areas to R-75 Residence Districts, except where there is intended
frontage upon state and county highways. Lands contiguous with state
and county highways and serviced by adequate sewers may be reclassified
R-75 where access is to a street other than said state or county highways.
In such cases, lot depths on the side facing the county or state highways
shall be at least 40 feet.
