Pursuant to the authority conferred by Article 7 of the Village Law of the State of New York and for each of the purposes specified therein, the Village Board of the Village of Waterford, County of Saratoga and State of New York, has ordained and does hereby enact the following chapter regulating and restricting the location, size and use of buildings and other structures and the use of land in the Village of Waterford.
This chapter shall be known and may be cited as the "Zoning Ordinance of the Village of Waterford, Saratoga County, New York."
For the purpose of promoting the public health, safety, morals, comfort and general welfare; conserving and protecting property and property values; securing the most appropriate use of land; lessening or avoiding congestion in the public streets and highways; and facilitating adequate but economical provision of public improvements, all in accordance with a Comprehensive Plan, the Village Board finds it necessary and advisable to regulate the location, size and use of buildings and other structures; percentages of lot area which may be occupied; setback building lines; sizes of yards, courts and other open spaces; and the use of land for trade, industry, residences, recreation or other purposes and for such purpose divides the incorporated area of the Village into districts or zones.
Said districts are bounded and defined as shown on a map titled "Zoning Map of the Village of Waterford, Saratoga County, New York," adopted May 10, 1965, and certified by the Village Clerk, which accompanies and, with all explanatory matter thereon, is hereby made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the Village Clerk's office.
A. 
Construction. In the construction of this chapter, the rules and definitions contained in Article X shall be observed and applied.
B. 
Minimum requirements. The provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.
C. 
Relationship to other laws. Where the conditions imposed by any provision of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.
D. 
Effect on existing agreements. This chapter is not intended to abrogate any easement, covenant or any other private agreement, provided that where the regulations of this chapter are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this chapter shall govern.
Except as hereinafter provided:
A. 
No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located.
B. 
No building shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards, side yards or inner or outer courts than is specified herein for the district in which such building is located.
C. 
No part of a yard or other open space about any building required for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
D. 
No lot, yard, setback, parking area or other space shall be so reduced in area, dimension or capacity as to make said area, dimension or capacity less than the minimum required under this chapter. If already less than the minimum required under this chapter, said area, dimension or capacity shall not be further reduced.
A. 
Building permit. No building or structure shall be erected, added to or structurally altered, and no fence shall be erected, until a building permit has been issued, as specified in Article VI, signifying that the building or structure and proposed use comply with the provisions of this chapter. This provision shall not apply to any building, structure or fence used for a nonconforming use on the date of enactment of this chapter, so long as the building or structure is continued in use for the same purpose.
[Amended 7-30-1991 by L.L. No. 1-1991]
B. 
Certificate of occupancy. No land shall be changed in use and no building or structure hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy has been issued, as specified in Article VI, signifying that such use or change in use complies with the provisions of this chapter. This provision shall not apply to any land or building used for a nonconforming use on the date of this chapter, so long as the land or building involved is continued in use for the same purpose.
C. 
Responsibility. The final responsibility for the conforming of a building and use to the requirements of this chapter shall rest with the owner or owners of such building or use and the property on which it is located.
D. 
Validity of permit. Any building on which the construction has been lawfully started and diligently prosecuted before the effective date of this chapter may be completed. The entire building shall be completed within two years from the date of this chapter and in accordance with such plans as originally filed.
A. 
Contiguous parcels. When two or more parcels of land lack adequate area and dimension to meet the minimum standards for the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot or, if possible, resubdivided to conform to district standards.
B. 
Lots or parcels of land of record. Any single lot or parcel of land held in one ownership which was of record at the time of adoption of this chapter and does not meet the requirements for minimum lot width and area, and when the owner owns no contiguous parcels of land, may be utilized for a permitted use, provided that yards, courts or usable open spaces are not less than 75% of the minimum required dimensions or areas.
Except as otherwise provided for in this chapter, every building shall be constructed or erected upon a lot or parcel of land which abuts upon an existing or platted street, unless a permanent easement of access to a public street was of record prior to the adoption of this chapter.