The following use regulations shall apply in any residence district, subject to further amplification in this article and in Article
V:
A. Permitted uses:
[Amended 3-13-2013 by L.L. No. 2-2013]
(3) Multifamily dwelling, but not more than four families.
(4) Churches and similar places of worship, parish house, rectory or
convent.
(5) Public or private school accredited by the New York State Department
of Education.
(6) Federal, state or municipal public building or use.
(7) Public park or playground.
(8) Places of business of physicians, dentists, attorneys and undertakers.
(9) Identification sign or nameplate as regulated in Article
V of this chapter.
(10)
Accessory use or structure customarily incidental to a permitted
principal use, including a private garage, private swimming pool or
pond, toolhouse or storage shed, greenhouse, etc.
B. Special permit uses:
[Amended 3-13-2013 by L.L. No. 2-2013]
(3) Rooming and boarding house or tourist home.
(5) Private club or lodge, except those of which the chief activity is
customarily carried on as a business.
C. Uses strictly prohibited:
[Added 4-14-1999 by L.L. No. 2-1999]
(1) Custody of one or more animals which commonly constitute
poultry or livestock, excluding such animals as commonly constitute
household pets but not excluding exotic animals.
[Added 6-17-1983 by L.L. No. 1-1983]
The following use regulations shall apply in any Residence - S District, subject to further amplification in this article and in Article
V, relating to residence districts generally:
A. Permitted uses:
(1) All permitted uses applicable to a residence district as set forth in §
205-13A hereof.
(2) Multifamily dwellings of not more than 50 units in
all for use and occupancy solely as subsidized, nonprofit housing
for senior citizens and handicapped persons.
B. Special permit uses: none.
C. Uses strictly prohibited:
[Added 4-14-1999 by L.L. No. 2-1999]
(1) Custody of one or more animals which commonly constitute
poultry or livestock, excluding such animals as commonly constitute
household pets but not excluding exotic animals.
[Added 7-13-1983 by L.L. No. 2-1983]
The following use regulations shall apply in any Residence - M District, subject to further amplification in this article and in Article
V, relating to residence districts generally:
A. Permitted uses:
(1) All permitted uses applicable to a residence district as set forth in §
205-13A hereof.
B. Special permit uses:
(1) Retail store, business or professional office, bank
or studio.
(2) Restaurant or other place serving food and beverages.
(3) Personal service shop, such as barber, beauty parlor,
tailor or shoe repair.
(4) Social, recreational or fraternal club or lodge.
(6) Automatic or coin-operated laundry or dry cleaner.
(7) A planned unit development, including multifamily
housing of more than four units.
(8) Industrial or manufacturing uses.
(a)
Industrial or manufacturing uses, as listed under the provisions of Subsection
C below, which may include fabrication, processing, converting, altering, assembling or other handling of products, the operation of which is conducted solely within a building or group of buildings and will not cause or result in:
[Amended 2-13-2002 by L.L. No. 1-2002]
[1]
Dissemination of noise, vibration, odor, dust,
smoke, observable gas or fumes or other atmospheric pollutant beyond
the boundaries of the immediate site of the building in which such
use is conducted.
[2]
Hazard of fire or explosion or other physical
hazard to any person, building or vegetation.
[3]
Radiation or interference with radio or television
reception beyond the boundaries of the immediate site of the building
in which such use is conducted or scientific testing of instruments
which requires the flying of aircraft in the vicinity in such manner
as to constitute a public nuisance.
[4]
A harmful discharge of waste materials.
[5]
Unusual traffic hazards or congestion, due to
the type of vehicles required.
(b)
No radio or television towers or radar screens
shall be erected without specific approval of the Zoning Board of
Appeals, which shall give due regard to the effect of any such installation
upon public safety or health and the harmonious relations of such
installation with regard to the surrounding land and buildings.
(9) Signs only as follows:
(a)
A sign hung from an ornamental post set in the
ground behind the property line or sidewalk line so as to be free
of pedestrian traffic. No such sign shall exceed 12 1/2 square
feet in area, be more than five feet long, be more than three inches
in thickness or, measured from the top of the sign, be more than 12
feet above ground level. No dimension of any such sign shall be more
than twice the other dimension. Such sign shall not be illuminated
by exposed tubes, bulbs or similar exposed light sources. There shall
be no exterior spot lighting or other illumination of any such sign
that will cause any glare observable within a residence district.
(b)
Necessary direction signs, none of which shall
exceed five square feet in area, nor shall the highest point of any
such sign be more than eight feet above ground level.
C. Permitted industrial and manufacturing uses. The Village Board, after due notice and public hearing, and only upon recommendation of the Zoning Board of Appeals, shall establish and from time to time revise a list of uses conforming to the standards specified in Subsection
B(8) above, including any conditions to which any such uses shall be subject in order to ensure continued conformity with the requirements of this article.
[Amended 2-13-2002 by L.L. No. 1-2002]
D. Uses strictly prohibited:
[Added 4-14-1999 by L.L. No. 2-1999]
(1) Custody of one or more animals which commonly constitute
poultry or livestock, excluding such animals as commonly constitute
household pets but not excluding exotic animals.
[Added 8-17-2000 by L.L. No. 2-2000]
A. This area is established to include developments,
including multiple housing units, which can provide appropriate housing
for senior citizens.
B. Senior Citizen Housing Districts may be established
or removed from the Zoning Map on the application of the developer
of a proposed project or a property owner or owners or on the initiative
of the Planning Board of the Village of Waterford or the Village Board
in accordance with the procedures set out in this chapter.
C. An initial application for the establishment of a
Senior Citizen Housing District shall be made to the Planning Board
of the Village of Waterford.
D. An application for the establishment of a Senior Citizen
Housing District shall be accompanied by a preliminary development
plan.
(1) The preliminary development plan shall contain the
following information:
(b)
Location of buildings, structures and building
groups.
(c)
Proposed dwelling unit density in residential
areas.
(d)
Floor area ratios and maximum heights of the
proposed buildings.
(e)
Proposed street cross sections.
(f)
Proposed parks and other open spaces and public
areas.
(g)
Location and type of existing and proposed landscaping
and identification of any existing trees to be removed.
(h)
Economic feasibility analysis of proposed commercial
uses.
(i)
Delineation of the major units within the development.
(j)
Relation to future land use in the surrounding
area as proposed in the general plan.
(k)
Public utilities' facilities location and proposed
location of wires and conduits.
(l)
Suitable scale drawings of present area and
of Senior Citizen Housing District as proposed.
(m)
Proposed off-street parking.
(2) The Planning Board of the Village of Waterford may
require further information for the purpose of determining whether
or not the Senior Citizen Housing District as proposed will comply
and conform substantially to the Comprehensive Plan.
E. Pursuant to the determination required of substantial
conformity with the Comprehensive Plan, the Planning Board of the
Village of Waterford shall make the following findings prior to any
zoning or rezoning of the affected area:
(1) The preliminary development plan meets the requirements
of this chapter.
(2) The uses proposed will not be detrimental to present
and potential surrounding uses but will have a beneficial effect which
could not be achieved under other zoning districts.
(3) The streets and thoroughfares proposed are suitable
and adequate to carry anticipated traffic, and the density shall not
generate traffic in such amounts as to overload the street network
outside the Senior Citizen Housing District.
(4) Any proposed commercial development shall be justified
economically at the locations proposed, to provide for adequate commercial
facilities of the types proposed.
(5) The economic impact created by the district shall
be absorbed by the Village (police, fire service, water supply, sewage
disposal, etc.).
(6) The proposed project is in substantial conformance
with the provisions of this chapter establishing requirements for
off-street parking, setback requirements and building heights within
the Village generally.
F. Before approving the establishment of a Senior Citizen
Housing District, the Planning Board shall conduct a public hearing.
Prior to conducting such public hearing the Planning Board shall make
the preliminary development plan available for inspection for members
of the public.
G. After reviewing the preliminary development plan and
such additional information as it deems necessary and after conducting
such public hearing or hearings as it deems necessary, the Planning
Board shall vote whether or not to recommend the approval of the proposed
Senior Citizen Housing District. The applicant shall prepare a final
development plan which shall be approved by the Planning Board. The
final development plan shall reflect any changes made in the course
of Planning Board review.
H. The final development plan shall be transmitted to
the Village Board along with the results of the Planning Board's vote
to approve or disapprove the plan.
I. Upon receipt of the Planning Board's vote and the
final development plan, the Village Board may require additional information
from the applicant as it deems necessary to review the proposed Senior
Citizen Housing District. The Village Board may refer the application
back to the Planning Board as it deems necessary to develop further
information.
J. The Village Board shall vote to accept or reject the
final development plan. If the Village Board votes to accept the final
development plan, the proposed Senior Citizen Housing District shall
become part of the Zoning Map of the Village of Waterford.
K. Senior Citizen Housing District 1.
[Added 7-11-2001 by L.L. No. 1-2001]
(1) Permitted uses: construction and maintenance of one
eight-unit and one four-unit residence in accordance with Local Law
No. 1-2001.
(2) Special permit uses: none.
[Amended 7-9-1986 by L.L. No. 1-1986; 4-14-1999 by L.L. No. 2-1999; 2-13-2002 by L.L. No. 1-2002; 2-12-2003 by L.L. No. 2-2003; 8-7-2012 by L.L. No.
5-2012; 1-9-2013 by L.L. No. 1-2013]
A. Permitted uses:
(1) Retail store, business or professional office, bank or studio.
(2) Theater or motion-picture house.
(3) Restaurant or other place serving food and beverages or cocktail
lounge.
(4) Printing office or newspaper office.
(6) Personal service shop, such as barber, beauty parlor, tailor or shoe
repair.
(7) Automatic or coin-operated laundry or dry cleaner or pickup station.
(8) Social, recreational or fraternal club or lodge.
(9) Martial arts or boxing facility, indoor exercise or fitness facility
or similar use.
(10)
Business sign as regulated in Article
V of this chapter.
(11)
Accessory building or use incidental to a permitted principal
use.
B. Special permit uses:
(2) Commercial recreation not specifically permitted under Subsection
A.
(3) Residential dwellings, but not more than four units per existing
building, such residential use to be restricted to other than the
ground floor of structures along Broad Street east of Fourth Street
in the Commercial Zone.
C. Uses strictly prohibited:
(1) Custody of one or more animals which commonly constitute poultry
or livestock, excluding such animals as commonly constitute household
pets but not excluding exotic animals.
[Added 1-24-2007 by L.L. No. 2-2007]
A. Purpose and intent.
(1)
The Village intends to protect the scenic corridors
along the Erie and Champlain Canal Systems and Hudson and Mohawk Rivers,
in accordance with the Local Waterfront Revitalization Program (LWRP),
the Town and Village of Waterford Comprehensive Plan as well as regional
and state canal and river plans and goals. The purpose of the District
is to maintain the undeveloped areas of the waterfronts and to provide
a consistent level of protection of the visual, environmental and
historic resources within the LWRP boundaries.
(2)
The Waterfront Overlay (WO) District has been
overlaid onto existing zoning districts. All provisions of the underlying
districts remain in full force, except where provisions of the WO
District differ. In such cases, the more restrictive regulations shall
apply. The principal control mechanisms of the WO are construction
setbacks from the waterline, restriction on the removal of natural
vegetation within an established buffer zone adjacent to the waterline,
restrictions on the removal of natural vegetation with an established
buffer zone adjacent to the water, and performance standards governing
land use activities within the District.
(3)
The specific purposes of this District include
the following:
(a)
To preserve the existing community character
and land use pattern;
(b)
To capitalize on opportunities to provide additional
public access to the Hudson and Mohawk Rivers and Erie and Champlain
Canal Systems;
(c)
To pursue funding sources for recreational improvements;
(d)
To maintain and improve the angling potential
and water quality of the Hudson and Mohawk Rivers;
(e)
To minimize potentially adverse land uses, environmental
and economic impacts that would result from proposed development;
and
(f)
To protect stable residential areas.
B. Boundary of the Overlay Zone. The Waterfront Overlay
Zone shall be the boundaries of the Local Waterfront Revitalization
Program. The map entitled "LWRP Boundary" within the LWRP illustrates
the boundary of the LWRP.
C. Permitted uses. The underlying zoning district determines
the permitted uses, accessory uses and special permit uses within
the Waterfront Overlay District. Underlying districts within the WO
include Residence District, Residence-S District, Residence-M, Senior
Citizen Housing, and Commercial District.
D. Development regulations.
(1)
Setback requirements.
(a)
The minimum setback from the Erie and Champlain
Canal wall shall be 25 feet or the average setback of adjacent waterfront
principal and accessory buildings within 150 feet on both sides of
the proposed development, whichever is greater.
(b)
The minimum setback from the high water mark
of the Mohawk and Hudson Rivers shall be 25 feet or the average setback
of other waterfront principle and accessory buildings within 150 feet
of both sides of the projected development, whichever is greater.
(c)
Water-dependent or water-enhanced uses demonstrated
to be directly related to canal and river business/use may be authorized
within the required setback distance; however, the Planning Board
shall have the authority to impose additional conditions as may be
warranted.
(2)
Additional requirements and standards.
(a)
Fences, parking and signs shall not detract from water views and are subject to regulations contained in §§
205-25,
205-26, and
205-27, respectively.
(b)
Development shall not interfere with or in any
way prohibit, hinder or discourage the public use of trails along
the canals and rivers. Opportunities for trail links between recreational
trails and proposed pedestrian walkways in new developments shall
be established to the maximum extent practicable.
(3)
Site plan review.
(a)
Any proposed principal building with greater
than 5,000 square feet of livable space or any proposed or expanded
paved area of greater than 5,000 square feet that would be partially
or entirely located with the boundaries of the Waterfront Overlay
shall be submitted for review by the Planning Board.
(b)
The Planning Board shall review such use to
determine compliance with municipal laws and to determine the compatibility
with the Local Waterfront Revitalization Program and the Comprehensive
Plan.
(c)
The following development guidelines shall be
considered for all proposed development within the Waterfront Overlay
District requiring Planning Board review:
[1]
All new development shall be integrated into
the existing landscape so as to minimize its visual impact and maintain
the natural beauty and environmentally sensitive shoreline areas through
erosion control and the use of vegetative and structural screening,
landscaping and grading.
[2]
Maintenance of a pedestrian-scaled environment
by designing street-side and waterfront building facades oriented
to the pedestrian.
[3]
Ground floors of buildings for commercial use
shall be encouraged for such active uses as restaurants, retail and
indoor recreation, especially when adjacent to public spaces.
[4]
Density pattern of new development shall complement
current adjacent development and the unique historic environment.
[5]
Length of proposed contiguous structures shall
be planned so as to establish and protect view corridors to the waterfront.
[6]
Coverage and building height requirements may
be modified in specific instances so long as the overall development
is consistent with goals and other design standards.
[7]
Development of new buildings should preserve
the character of existing streets and buildings.
[8]
Provide appropriate architecture and design
in keeping with the height, scale, density and character of adjoining
neighborhoods, including continuous street networks and well-designed
pedestrian and gathering spaces.
[9]
The overall facade shall have a simple and complementary
pattern to neighboring or typical buildings and shall be kept consistent
across the building front, but may show deviation at important points
to highlight the center of the building or the entryway(s) to the
building.
[10] Facades shall be designed as to
appear inviting from both the street side and the waterfront side
of the building without creating a "back door”' appearance to
either side.