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]
(1) 
One-family dwelling.
(2) 
Two-family dwelling.
(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]
(1) 
Private nursery school.
(2) 
Hospital.
(3) 
Rooming and boarding house or tourist home.
(4) 
Parking lots.
(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.
(5) 
Commercial recreation.
(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:
(a) 
Proposed land uses.
(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.[1]
[1]
Editor's Note: By resolution adopted 10-26-2005, the construction of two eight-unit buildings was approved by the Village Board, subject to approval by the Planning Board regarding location of parking spaces and certain changes to the buildings.
(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.
(5) 
Bowling alley.
(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:
(1) 
Assembly or dance hall.
(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.[1]
[1]
Editor's Note: Original Sec. 6.5, Manufacturing District, which immediately followed this subsection, was deleted 2-13-2002 by L.L. No. 1-2002.
A. 
Classifications of terms used in this section are as follows:
(1) 
Maximum building coverage includes accessory buildings.
(2) 
Maximum building height 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.
(3) 
Minimum yard dimensions apply to accessory buildings and roofed porches, except for rear yards, where accessory buildings less than 700 square feet in area and 12 feet in height may be placed within six feet of the rear lot line.
B. 
Requirements in residence districts.
(1) 
Column (1) use: one-family and two-family dwellings, parish houses, rectories and convents.
(2) 
Column (2) use: multifamily dwellings, rooming houses and tourist homes.
(3) 
Column (3) use: churches, schools and public buildings.
(4) 
Column (4) use: professional and business offices.
(5) 
Column (5) use: private club or lodge.
(6) 
Column (6) use: private nursery school.
(7) 
Column (7) use: hospital.
(1)
(2)
(3)
(4)
Minimum lot area (sq. ft.)
4,000
6,000
6,000
6,000
Minimum frontage (ft.)
40
60
60
60
Maximum building coverage (% of area)
50
50
50
50
Minimum floor area (sq. ft.)
800
2,400
None
800
Maximum building height (ft.)
50
50
50
50
Minimum yard dimensions (ft.)
Front yard
10
10
10
10
One side yard
5
10
10
10
Total both side yards
10
20
20
20
Rear yard
10
10
10
10
(5)
(6)
(7)
Minimum lot area (sq. ft.)
6,000
6,000
6,000
Minimum frontage (ft.)
60
60
60
Maximum building coverage (% of area)
50
50
50
Minimum floor area (sq. ft.)
800
800
800
Maximum building height (ft.)
50
50
50
Minimum yard dimensions (ft.)
Front yard
10
10
10
One side yard
10
10
10
Total both side yards
20
20
20
Rear yard
10
10
10
C. 
Requirements in commercial districts.
(1) 
Column (1) use: all uses except those otherwise enumerated.
(2) 
Column (2) use: public garage, filling station, automotive repair.
(1)
(2)
Minimum lot area (sq. ft.)
None
None
Minimum frontage (ft.)
None
None
Maximum building coverage (% of area)
None
None
Minimum floor area (sq. ft.)
800
None
Maximum building height (ft.)
50
30
Minimum yard dimensions (ft.)
Front yard
5
201
One side yard
None2
None2
Total both side yards
None
None
Rear yard
10
10
NOTES:
1 To pumps.
2 Ten feet where property abuts the Residence District.
D. 
Requirements in Residence - M District.
[Amended 2-13-2002 by L.L. No. 1-2002]
(1) 
Column (1) use: all uses except those otherwise enumerated.
(1)
Minimum lot area (sq. ft.)
6,000
Minimum frontage (ft.)
60
Maximum building coverage (% of area)
80
Minimum floor area (sq. ft.)
800
Maximum building height (ft.)
50
Minimum yard dimensions (ft.)
Front yard
10
One side yard
10
Total both side yards
20
Rear yard
10
[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.