Regulations governing lot area and lot width, front, side and rear yards, building coverage and building height are as specified in § 205-18. All permitted uses are subject to the regulations appearing in § 205-18 and Article III and additional regulations as follows:
A.
Additional area 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 Zoning 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 lot. 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 a 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 on 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 or any
fence, wall or hedge permitted by Village 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.
B.
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)
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.
C.
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)
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.
Where 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 commercial districts. Non-dwelling
accessory buildings shall comply with front and side yard requirements
for the principal building to which they are accessory.
[Amended 2-13-2002 by L.L. No. 1-2002]
D.
Artificial fences.
[Added 7-30-1991 by L.L. No. 1-1991;
amended 8-14-1996 by L.L. No. 2-1996]
(1)
Height. No fence shall be erected to exceed six feet
in height.
(2)
Nonconforming uses. This section shall not apply to
any fence in excess of six feet in height in existence on the date
this section is enacted.
(3)
Replacement. Fences in existence on the date of the enactment of this section shall be subject to the provisions of Article IV of this chapter. In addition to any applicable provision of Article IV, any fence which is built to replace any nonconforming fence which has been damaged or destroyed shall be of the same type of construction and no higher than the damaged or destroyed fence.
(4)
Construction. All fences constructed shall be constructed
so that the finished or fabric side of the fence faces outwards and
towards the adjoining property.
E.
Shrubs, hedges and other natural fences.
[Added 7-30-1991 by L.L. No. 1-1991;
amended 8-14-1996 by L.L. No. 2-1996]
(1)
Height. A fence consisting of a shrub, hedge or similar
natural boundary shall not be allowed to grow to a height in excess
of six feet.
(2)
Enforcement. The Zoning Inspector of the Village of Waterford shall be empowered to require the reduction in height of shrubs, hedges or other obstructions upon complaint of any persons affected thereby. Persons refusing to remove such obstructions shall be subject to such penalties as are provided in Article IX of this chapter.
(3)
Variances. Any person may apply to the Zoning Board
of Appeals for a variance to allow the maintenance of a shrub, hedge
or other obstruction at a height greater than six feet.
(4)
Stay of enforcement. If any person is directed to reduce in height any obstruction and applies for a variance to allow the continuance of that obstruction within 15 days of being advised to remove the same, any penalties or other enforcement proceeding pursuant to Article IX shall be stayed until 15 days after the Zoning Board of Appeals renders its decision on such variance.
[Amended 2-13-2002 by L.L. No. 1-2002; 3-14-2012 by L.L. No.
3-2012]
A.
Off-street parking. 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 of this section. For uses not specified, the Zoning 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.
(1)
For any building having more than one use, parking space shall be
required as provided for each use.
(2)
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.
(3)
Floor area, for the purpose 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. 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. Each facility shall be subject to the following minimum requirements:
(1)
Each berth shall be not less than 12 feet wide, 33 feet long and
14 feet in height when covered.
(2)
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 requirements.
|
Use
|
Spaces Required
| |
|---|---|---|
|
Dwelling
|
1 for each dwelling unit
| |
|
Rooming house tourist home, motel or hotel
|
1 for each guest room
| |
|
Administrative, professional, governmental or utility office
|
1 for each 600 square feet of floor space
| |
|
Funeral home
|
10, plus space for all employee and resident personnel cars
| |
|
Church or temple
|
1 for each 5 seating spaces in main assembly room
| |
|
School
|
2 for each classroom
| |
|
Theater or other place of assembly
|
1 for each 5 seating spaces
| |
|
Hospital sanitarium or nursing or convalescent home
|
1 for each 4 beds
| |
|
Retail store or bank
|
1 for each 400 square feet of floor area
| |
|
Clubs and restaurants
|
1 for each 50 square feet of floor area
| |
|
Bowling alley
|
5 for each alley
| |
|
Wholesale, storage, freight terminal or utility use
|
1 for each 1,000 square feet of floor area
| |
|
Industrial or manufacturing use
|
1 for each 2 employees on the maximum working shift
| |
|
Home occupation
|
1 for each 100 square feet of floor area devoted to such use
| |
|
Multiple dwelling
|
2 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 building
|
1 for each 300 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 Residence District.
(1)
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 shall be permitted,
provided that such signs shall not exceed four square feet in area
and shall not emit any flashing or intermittent illumination.
(2)
Institutional signs for schools, churches, hospitals
or similar public or semipublic institutions shall be permitted, provided
that such signs shall not be greater than 15 square feet in area and
shall not emit any flashing or intermittent illumination.
(3)
Business signs pertaining only to a legal nonconforming
use of the premises on which they are located shall be permitted,
provided that such signs shall not exceed 20 square feet in area and
shall not emit any flashing or intermittent illumination.
(4)
Temporary signs advertising the sale, rental, construction
or improvement of the premises on which they are located shall be
permitted, 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.
(5)
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 residence
district.
B.
Signs in Commercial District.
(1)
Signs permitted in residence districts shall be permitted.
(2)
Business signs pertaining only to a permitted use,
product or service on the premises on which they are located shall
be permitted, 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.
(3)
Temporary signs advertising the sale or rental or
construction or improvement of the premises on which they are located
shall be permitted, provided 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.
(4)
Signs advertising functions, uses, products or services
not pertaining to the premises on which they are located shall not
be permitted in any commercial district.[1]
[1]
Editor's Note: Original Sec. 8.3c, Signs in
M Manufacturing District, which immediately followed this subsection,
was deleted 2-13-2002 by L.L. No. 1-2002.
C.
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 Village 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 Village Board, may cause hazardous or unsafe conditions. Such
signs shall be removed upon direction of the Village 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 residence
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.
(10)
Any sign displayed which no longer advertises
an existing business shall, upon notification by the Village Board
or its agent, be taken down or removed within 30 days after such notification.
Failure to so comply on the part of the owner, occupant, agent or
person having the beneficial use of any building or premises upon
which such sign may be found shall subject such person to the penalties
provided for violations of this chapter.
[Added 7-9-1986 by L.L. No. 1-1986]
(11)
The removal or alteration of signs which are
an historic part of the architectural fabric or historic character
of the structure, such as a date, name of the building or name of
an historic business once located there, shall be discouraged and
shall be subject to the approval of the Zoning Board of Appeals.
[Added 7-9-1986 by L.L. No. 1-1986]
(12)
No sign shall be placed upon a balcony, porch,
canopy, shed, roof, parapet (or similar appurtenance), door or window,
etc., in any manner whatsoever so as to disfigure or conceal any architectural
feature or detail of any building.
[Added 7-9-1986 by L.L. No. 1-1986]
