For each district established in Article III, the following use regulations and lot development standards shall apply.
A.
No structure or land shall be used except as provided in this article and in Schedule A: Permitted Principal Uses.[1] See Article XVI for definitions of each use category.
(1)
Permitted uses by right. All uses listed shall be permitted by right in the zoning district where the use is listed, provided that all other requirements of this chapter are met. All permitted uses are indicated in Schedule A with a "P."
(2)
Permitted uses with a special use permit. All uses permitted upon issuance of a special use permit by the Board of Appeals. All special permit uses are indicated in Schedule A of this article with a "SP."
(3)
Prohibited uses. Uses of this chapter are deemed prohibited unless such principal or accessory uses are expressly permitted in Schedule A: Permitted Principal Uses or elsewhere by this chapter or a use variance is granted in accordance with the provisions of this chapter. The following uses are expressly prohibited:
(4)
Interpretation: materially similar uses. The Zoning Enforcement Officer and Corporation Counsel shall interpret if a use not mentioned can reasonably fit into a use category where similar uses are described. Interpretations may be appealed to the Zoning Board of Appeals. It is the intent of this chapter to group similar or compatible land uses into a specific zoning district, either as permitted uses or as uses authorized by a special use permit. Uses not listed as a permitted use or special use permit use are presumed to be prohibited from the applicable zoning district. In the event that a particular use is not listed in Schedule A and such use is not listed as a prohibited use and not otherwise prohibited by law, the Zoning Enforcement Officer shall determine whether a materially similar use exists in this section.
(5)
Permitting requirements for changes of use or structure. A change of use is the proposed initiation of a use that is in a different use category, as listed in Schedule A, from the existing use of the site or structure. A change of ownership, tenancy, or occupancy or a change from one use to another within the same category shall not be considered a change of use, unless the change would result in the enlargement or addition of a sign.
(a)
Uses by right. Any change of use of land or existing structures to a use permitted by right without site plan review shall not require approval from the Planning Board. This shall not affect applicable requirements for obtaining building permits for construction or expansion of a structure from the Zoning Enforcement Officer under Article XIII, Administration and Enforcement, of this chapter.
(b)
Uses by right subject to site plan review. Any change of the
use of an existing structure to a use permitted by right subject to
site plan review shall require site plan review only if it involves
the construction or enlargement of a structure, the addition of four
or more parking spaces, or the enlargement or addition of signs.
(c)
Uses by special use permit.
[1]
A special use permit shall be required for any change of use
from a use that does not require a special use permit to a use that
does require a special use permit.
[2]
Once a special use permit has been granted, the permit shall
run with the land and apply to the approved use and to all subsequent
owners, tenants, and occupants engaged in the same use, provided that
they comply in total to the requirements of the special use permit.
The special use permit shall also apply to any subsequent use of the
property in the same use category, provided that such use has no greater
impact on adjoining properties, complies with all terms and conditions
of the special use permit, and does not involve new construction,
enlargement, exterior alteration of existing structures, increased
parking, or other changed use of outdoor areas. Any change to another
use allowed by special use permit shall require the granting of a
new special use permit or a special use permit amendment.
(d)
Rebuilding and replacement of structures. The rebuilding or
replacement on the same footprint of any structure for a use which
requires site plan review and/or a special use permit shall require
site plan review, even if it is a continuation of the same use.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
A.
Applicability. This section applies to any application for development
approval, except as otherwise provided. No development approval shall
be granted unless the proposed development conforms to the regulations
of this section.
B.
Principal uses and structures. The size, height, width, yards and percentage of impervious coverage of lots must comply with the applicable lot development standards of Schedule B for each district and other requirements specified in this section and other sections of this chapter.[1] A definition of each category or term utilized in Schedule B is provided in Article XVI, Definitions, of this chapter.
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
C.
Mixed-use district size exception for nonresidential uses. All nonresidential
uses in the MU-1 and MU-2 Districts shall not exceed 10,000 square
feet of gross floor area.
D.
Lot coverage bonus.
(1)
The City of Watervliet recognizes that under certain circumstances, particularly where development is constrained by size or existing structures, alternatives to open space may be considered when calculating the maximum lot coverage. The use of pervious materials, installation of green roofs, and structured parking are modern alternatives to addressing lot constraints while still achieving many of the positive impacts of open space. In some circumstances it may be the City's desire to provide a lot coverage bonus beyond the maximum percent of lot coverage permitted in Schedule B when pervious materials or "green" site development and building practices are utilized.
(2)
At the discretion of the Planning Board as part of site plan review, or the Zoning Enforcement Officer, as part of a building permit where site plan review is not required, a lot coverage bonus equal to or less than the maximum lot coverage bonus permitted in Schedule B may be granted.
E.
Corner lots. A corner lot should be designated with one front yard
that abuts a street, and all remaining yards shall be considered side
yards.
F.
Flag lots.
(1)
Flag lots may be allowed for the more efficient use of irregularly
shaped parcels of land and where there is evidence that a site has
physical limitations or where the integrated nature of multiple buildings
on a site dictates the need for such lots.
(2)
The minimum frontage at the right-of-way line for any flag lot shall
be 20 feet. The flagpole portion of the lot shall not be considered
in determining the area of the lot for zoning purposes.
G.
Height.
(1)
Height of the structure shall be measured as defined in Article XVI, Definitions, of this chapter.
(2)
The maximum height for principal use structures shall not exceed the regulations of Schedule B: Lot Development Standards with the following exceptions:
(a)
Height limits shall not apply to church spires, belfries, cupolas,
or domes not used for human habitation, nor to chimneys, ventilators,
skylights, parapet walls, cornices, solar energy systems, or necessary
mechanical appurtenances usually located on the roof level, provided
that no such appurtenance, other than a church spire or the tower
of a public building, shall exceed 10 feet in height. No such uses
shall in their aggregate coverage occupy more than 10% of the roof
area on which the use is located.
H.
Number of dwellings on a lot. In the R-1, R-1A, R-2 and R-3 Districts,
no more than one principal building is permitted on a lot.
I.
Projections into required yards.
(1)
Terraces. A paved terrace may be included as part of the yard in
determining yard size; provided, however, that such terrace is unroofed
and without walls or parapets.
(2)
Porches. A porch covered with a roof shall be considered a part of
the building in determining the size of yard or amount of lot coverage.
(3)
Projecting architectural features (horizontal). The space in any
required yard shall be open and unobstructed, except for the ordinary
projection of the windowsills, bay windows, belt courses, chimneys,
cornices, eaves and other such architectural features; provided, however,
that such features shall not project more than two feet into any required
yard, and provided that the sum of such projections on any wall shall
not exceed 1/3 the length of the wall of which the projection is a
part.
(4)
Fire escapes. Open fire escapes may extend into a required side or
rear yard not more than six feet; provided, however, that such fire
escape shall not be closer than four feet at any point to any lot
line.
(5)
Awnings and canopies shall not project more than three feet into
any required yard and must be a minimum of eight feet above grade
at all points.
J.
Reduction of lot area prohibited. Whenever a lot upon which stands
a building or structure is changed in size or shape so that the area
and yard requirements of this chapter are no longer complied with,
such building shall not thereafter be used until it is altered, reconstructed
or relocated so as to comply with these requirements. The provisions
of this section shall not apply when a portion of a lot is taken for
a public purpose.
K.
Street access. Direct access must be provided via a public roadway.
All buildings and structures shall be so located as to provide safe
and convenient access for servicing, fire and police protection and
off-street parking and/or loading.
L.
Through lots. A lot that fronts two streets, other than a corner lot, shall conform to applicable front yard setbacks in Schedule B: Lot Development Standards on both street frontages.
M.
Visibility at intersections. On a corner lot in any district, no
fence, wall, hedge, sign or other structure or planting, more than
36 inches in height, shall be erected, placed or maintained on any
lot within the triangle formed by the street lines of such lot and
a line drawn between points along such street lines 30 feet distant
from their point of intersection. Height shall be measured above the
curb level, if any, or above the existing road level. In no event,
however, shall a hazard to traffic be erected or maintained. The City
may order the removal of any structure or growth which, in its opinion,
does in fact cause a traffic hazard.
 |
A.
Setbacks and other lot development standards.
(1)
All accessory structures attached to the principal building shall
be considered as part of the principal building.
(2)
Lot coverage and accessory uses. All accessory uses shall be included in determining the maximum amount of lot coverage permitted as defined in this chapter and prescribed in Schedule B: Lot Development Standards.[1] Therefore, while more than one accessory structure is
permitted, exceeding the maximum lot coverage may prevent the installation
or construction of accessory structures.
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
(3)
Height. The maximum height of accessory structures shall not exceed
20 feet.
(4)
Setback requirements. All detached accessory structures are subject
to the following minimum yard requirements:
(b)
Side yard. No accessory use or structure, except driveways, garages and carports, is permitted in the side yard. The side yard setback shall be the same for garages and carports as that of a principal use as required in Schedule B.
B.
Permitted accessory uses and structures in all districts. Accessory uses and structures listed in Subsection B(1) through (14) below are permitted in any district in connection with any permitted principal use or lawfully existing use within such district upon meeting all requirements of this section and other requirements of this Zoning Ordinance.
(1)
Air-conditioning systems/mechanical equipment.
(a)
Ground-mounted mechanical equipment shall not be located in
a front yard.
(b)
Ground-mounted and rooftop mechanical equipment shall be concealed
from public view and abutting lots with a structural screen that is
constructed of material compatible with the primary structure and
to a height sufficient to conceal the equipment.
(2)
Basketball courts accessory to a residential dwelling solely for
use by residents and their guests on their property.
(3)
Child's playhouse.
(4)
Dish antennas one meter or less in diameter.
(a)
A parabolic satellite dish antenna less than one meter in diameter
shall be a permitted accessory use in all zoning districts when located
in one of the following places:
(b)
Dishes larger than one meter shall only be permitted as an accessory
use in the LI Zoning District.
(5)
Driveways and off-street parking.
(b)
In the R-1, R-1A, R-2 and R-3 Districts, the following standards
shall apply to the location and development of off-street parking:
[1]
Driveways shall only be permitted when the driveway connects
to a garage or carport.
[2]
Driveways must have a setback of four feet from side or rear
lot lines.
[3]
Driveway widths shall not be less than eight feet nor more than
10 feet in width at the curb but may be extended an additional eight
feet in width and 18 feet in length in front of each additional garage
bay. The first bay shall count toward the original driveway width.
[4]
Driveways shall be pitched so that runoff does not adversely
impact the adjoining property.
(6)
Fences, walls and hedges.
(a)
No person shall erect or substantially alter a fence or wall
in the City of Watervliet without first obtaining a zoning permit.
All walls and fences shall be substantially constructed and shall
meet with the approval of the Zoning Enforcement Officer with respect
to public safety.
(b)
Fences, hedges and walls and all supporting structures must
be entirely on the property of the party erecting the fence and shall
not encroach upon a public right-of-way or adjacent property.
(c)
All fences and walls shall be so installed so that the finished
side shall face outward; all bracing shall be on the inside of the
fence.
(d)
All wood fences shall be treated with water repellent preservative
or sealant such as stain or paint.
(e)
Heights limitations.
[1]
The height of all fences, walls and hedges shall be measured
from the finished grade to the top of the fence.
[2]
Within the front yard, a fence or wall shall not exceed a maximum
of four feet in height.
[3]
Unless otherwise stated or approved, a fence or wall shall not
exceed a maximum of six feet in height.
(g)
Retaining walls should be faced with masonry or other decorative
screening, textures, design, or landscaping to minimize the blank
appearance of walls and ensure compatibility with existing structures.
(h)
Fence and wall design should be compatible with the character
of surrounding development.
(i)
All fences and walls shall be maintained and, when necessary,
repaired or replaced.
(7)
Garages and carports subject to the following additional standards:
(8)
Home occupations.
(a)
Purpose. Some business activities may take place in a home as
part of residential use and are not considered home occupations. Other
activities are considered home occupations which are accessory activities
to uses in residential zones. These regulations recognize that there
are many professions and occupations which may be performed in a home
with no significant effect on the surrounding neighborhood and that
such business activities may create jobs, provide important local
services and reduce the number of work trips thereby conserving energy.
The following regulations are intended to assure that home occupations
will not be a detriment to the character and quality of the surrounding
neighborhood.
(b)
General standards applying to all home occupations.
[1]
The home occupation shall be clearly incidental and secondary
to the use of the lot for residential purposes.
[2]
The home occupation is allowed in a residential setting because
it does not compromise the residential character of an area, does
not generate conspicuous traffic, does not visually call unusual attention
to the home and does not generate noise of a nonresidential level.
[3]
The home occupation shall be conducted entirely within a principal
dwelling.
[4]
Not more than 15% of all habitable space of the principal building
shall be utilized for all home occupation activities.
[5]
Inventory and supplies shall not occupy more than 50% of the
area permitted to be used as a home occupation.
[6]
The home occupation shall be permitted to have one nonresident
employee or associate. An "associate" shall mean a person or persons
joined with others in a business enterprise.
[7]
No residence shall include more than one home occupation.
[8]
No parking or storage of commercial vehicles related to the
home occupation shall be permitted, unless the vehicle is used by
the person(s) residing in the dwelling and unless the vehicle is stored
within a completely enclosed building.
[9]
The home occupation may only sell goods incidental to the service
they provide or product that they make (such as a craft).
[10]
Customers shall only visit between 8:00 a.m. and 7:00 p.m.
[11]
One sign two square feet in size shall be permitted. Such sign
shall only be flush-mounted to the principal building or in a window
and shall not be illuminated, flashing or moving in any way.
[12]
The home occupation shall not involve any operation considered
to be hazardous.
[13]
No generation of noise, vibration, smoke, dust, electrical disturbance,
odors, heat or glare shall be perceptible beyond the property line.
[14]
The New York State Fire Prevention and Building Code shall be
followed.
(c)
Uses prohibited as home occupations. The following activities shall not be permitted as a home occupation in any district and shall be required to be a principally permitted use in Schedule A.[3]
[1]
Adult entertainment.
[2]
Bed-and-breakfasts.
[3]
Construction contractor yards.
[4]
Funeral homes.
[5]
Greenhouses, commercial.
[6]
Kennels.
[7]
Landscaping and tree service establishments.
[8]
Motor vehicle repair.
[9]
Religious institutions.
[10]
Restaurants and bars.
[11]
Retail sales, except those that are incidental to a product
created or service provided on site.
[12]
Rooming or boarding houses.
[13]
Veterinarian, veterinary hospital or clinic.
[3]
Editor's Note: Schedule A is included as an attachment to this chapter.
(9)
Patios and terraces.
(10)
Solar energy systems meeting the following standards:
(a)
Shall only be permitted when mounted on a building.
(11)
Storage structure. In the R-1, R-1A, R-2 and R-3 one structure
per dwelling unit or principal building for storage incidental to
a permitted use, including woodsheds, toolsheds and garden or lawn
equipment storage buildings.
(12)
Swimming pools (private), bathhouses, hot tubs and saunas accessory
to a residential building.
(13)
Tennis courts and similar recreational amenities accessory to
a residential dwelling.
(14)
Vehicle repair of noncommercial vehicles on residential premises
when performed:
C.
Additional accessory uses and structures permitted for nonresidential
uses in the MU-1, MU-2, B, and LI Districts with site plan review
or as otherwise required in this section:
(1)
Concession stands.
(2)
Dumpsters and refuse storage areas.
(a)
The storage of refuse shall be provided inside the principal
building(s) or within an outdoor area enclosed by either walls or
opaque fencing. Any refuse area outside of the building shall be sited
in the following manner:
[1]
Refuse areas including all dumpsters and garbage cans shall
be located behind the principal building, at least 10 feet from the
property line when feasible.
[2]
Refuse areas shall be entirely screened by a fence or enclosure
of at least six feet high on all four sides. A minimum of 25% of the
enclosure shall be screened by landscaping whenever practical.
[3]
Refuse areas shall be designed to be architecturally compatible
with the principal building, including the doorway or entrance of
the enclosure. The enclosure of the refuse area shall be brick, stockade,
wood board fence or materials imitating brick or wood. Enclosures
must remain locked and closed.
(b)
Refuse areas shall be large enough to accommodate the amount
of garbage generated by the use.
(3)
Outdoor seating and eating areas, including decks and patios.
(4)
Recreational uses, including swimming pools, hot tubs, saunas, tennis
courts, basketball courts associated with specific commercial establishments
such as hotels, spas and fitness clubs.
(5)
Storage outdoors.
(a)
When open storage is permitted in a commercial or industrial district as a principal or accessory use, it shall be screened from view by an eight-foot-high opaque fence pursuant to § 272-19, Fences, walls and hedges,[4] or pursuant to § 272-57, Landscaping and screening. In no case shall the stored material exceed the height of the screening.
[4]
Editor's Note: See § 272-19B(6), Fences, walls and hedges.
(b)
No outdoor storage may be permitted within 25 feet of a residential
district boundary.
(c)
Any expansion of outdoor storage areas must be approved by the
Planning Board.
(6)
Walk-up service windows facing any public right-of-way when accessory
to a permitted commercial use when associated with a legal retail
operation.
A.
Applicability. The following temporary uses are permitted in any
zoning district subject to the following standards:
(1)
Contractors' yards, offices, equipment sheds and construction
staging areas.
(a)
Contractors' offices, equipment sheds and construction
staging areas containing no sleeping or cooking accommodations may
be permitted in any district when used in conjunction with a valid
building permit.
(b)
Temporary storage shall be allowed as an accessory use to the
contractors' office or equipment shed.
(c)
Such use shall be limited to a period not to exceed the duration
of the building permit and shall be removed immediately upon expiration
of the building permit.
(2)
Christmas tree and wreath sales lots off-premises from site where
grown. Such use shall be limited to a period not to exceed 45 days
of operation per year in the months of November and December.
(4)
Portable storage containers.
(a)
A portable storage container may be temporarily located on a
lot of record as part of temporary storage solution. Portable storage
containers shall not include dumpsters, tractor trailers or other
vessels with other traditional uses.
(b)
No more than one portable storage container shall be allowed
at any location for more than one time per calendar year and for not
greater than a period of 30 consecutive days. A one-time thirty-day
extension may be granted by the Zoning Enforcement Officer.
(5)
Open-air markets, including farmers markets, flea markets and craft
fairs.
(a)
Parking. Adequate parking shall be provided.
(b)
Signs. One freestanding sign not exceeding six square feet in
area and six feet in height is permitted unless located on a corner
lot where one additional sign is permitted for display on each street.
Placement of signs shall not obstruct drivers' visibility.
