Village of Cooperstown, NY Terminology

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[Amended 8-21-2000 by L.L. No. 4-2000; 4-21-2003 by L.L. No. 4-2003; 2-21-2006 by L.L. No. 1-2006]

For the purposes of this chapter, certain terms or words used herein shall be interpreted as follows:

The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

The word "shall" is mandatory; the word "may" is permissive.

The word "used" or "occupied" includes the words "intended, designed or arranged to be used."

The word "lot" includes the word "plot" or "parcel."

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

§ 300-84 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ABANDONMENT or DISCONTINUANCE: The cessation or vacancy of a nonconformity for a period of one year.

ABUT: To have a common property line or zoning district boundary at one or more points, or being separated from a common property line or zoning district boundary by a street, right-of-way, alley, easement, river or stream.
[Added 11-24-2014 by L.L. No. 16-2014]

ACCESSORY APARTMENT UNIT: A housekeeping facility provided with bathroom, cooking and living facilities accessory to and separate from the housekeeping facilities of the main single-family dwelling and, if rented, is rented for no less than 30 consecutive days. If the accessory apartment unit is rented, an owner must occupy the principal dwelling; however, if desired, an owner may occupy the accessory apartment unit while renting the principal dwelling for no less than 30 consecutive days.

ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.

ADDITION: New construction which increases the height or floor area of an existing building.

ADEQUATE: That which is barely sufficient or suitable; as much as necessary, average or fair.
[Added 7-20-2009 by L.L. No. 4-2009]

ADJACENT PARCELS: Any parcel that abuts or is contiguous with the project site, including parcels across a street, rail line, a right-of-way or a river/stream.
[Added 4-22-2013 by L.L. No. 8-2013]

ADULT ENTERTAINMENT: Entertainment intended exclusively for adults, the viewing of which is normally excluded from minors by reason of age. "Adult entertainment" includes but is not limited to topless dancers, striptease performers and pornographic magazines, books and films on tape, compact disc or digital video disc, or other media.

AGRICULTURE: The raising of fruits, vegetables and plants and the structures incidental thereto.

ALTERATION: Construction in a building which may change the structural parts or location of openings but does not change the overall dimensions of the building. "Altering" is the act of making alterations.

AMUSEMENT ARCADE: A structure or area housing or enclosing more than three amusement devices.

AMUSEMENT DEVICE: A coin- or token-operated device, the use of which results in electronic or mechanical displays and/or operation, or the production of musical entertainment, or which provides rides or simulated rides.

APARTMENT: A room or suite of rooms, separated from and contained in a larger dwelling, or independently in an accessory structure, designed to be lived in and containing housekeeping facilities.

APPLICANT: A person requesting approval under this chapter.
[Added 11-23-2015 by L.L. No. 13-2015]

ARBOR: A light open structure, usually having a lattice framework, intended to support vines, flowers or other vegetation.

ARCHAEOLOGICAL RESOURCE: Human remains and objects, such as tools, bottles, dishes, seeds and bones of prehistoric American Indian and historic American periods. Areas which contain these objects are also archaeological resources and include graves, wells, privies, trash pits, basements and foundations.
[Added 10-20-2008 by L.L. No. 6-2008]

ARCHITECTURAL STYLE: A classification characterizing buildings that share many common attributes, including similarity in general appearance, in the arrangement of major design elements, in ornamentation, in the use of materials and in form, scale and structure.

ARCHITECTURAL VALUE: A sum total of style, integrity or originality, antiquity and craftsmanship as they relate to buildings or other structures.

ARRANGEMENT: The placement of materials into a harmonious order or into a correct or suitable sequence, relationship or adjustment.

AS ESTABLISHED: That which commonly exists or is in use and established in the adjacent or immediately surrounding area.
[Added 7-20-2009 by L.L. No. 4-2009]

AUDITORIUM: That part of a theater, school or public building which is set aside for an audience for listening and viewing.

AUTHORIZED REPRESENTATIVE/AGENT: A person whom an applicant has authorized in a signed writing to act on the applicant's behalf. The authorization can appear on an application or in a separate document filed with the Zoning Enforcement Officer.
[Added 11-23-2015 by L.L. No. 13-2015]

AWNING: A roof-like covering of canvas or similar material over a window, door, porch, deck or patio.

BALCONY: A projecting platform, either cantilevered or supported from below, enclosed with a railing or balustrade.

BALUSTER: One of a number of short vertical members used to support a balustrade or a handrail.

BALUSTRADE: A railing, including a top rail, balusters and usually a bottom rail.

BASEMENT: That portion of a building which is partly underground, but which has at least 50% of its interior height, measured from floor to ceiling, above the average finished grade of the ground adjoining the building.

BUFFER: To provide a natural or landscaped area or screening device designed to mitigate visual and auditory impacts, including car headlights, glare and lighting, between different incompatible uses when those uses are in effect.
[Added 7-20-2009 by L.L. No. 4-2009; amended 11-24-2014 by L.L. No. 16-2014]

BUILDING: An enclosed and permanent structure, as distinguished from mobile structures.

BUILDING PERMIT: A permit granted by the County Codes Enforcement Officer, in compliance with the Building Code of New York State or the Residential Code of New York State, as appropriate.

BULK: The size and shape of building and nonbuilding uses, and the physical relationship of their exterior walls or their locations to lot lines and other buildings or other walls of the same building, and all open spaces required in connection with a building. Bulk regulations deal with all matters relating to requirements for lot width, lot area, yard dimensions and height of structures.

BULKHEAD: A structure on the roof of a building covering a shaft or service equipment.

CANOPY: A covered area which extends from the wall of a building to protect an entrance.

CARPORT: A covered automobile shelter, with one or more sides open to the weather, associated with or attached to a dwelling.

CELLAR: That portion of a building which is partly or wholly underground, but which has at least 50% of its interior height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building.

CERTIFICATE OF APPROPRIATENESS: A document evidencing approval by the Historic Preservation and Architectural Review Board of an application to make a change in the design, material, or outward appearance of a property located within the Historic Preservation and Architectural Overlay District.
[Added 10-20-2008 by L.L. No. 6-2008]

CERTIFICATE OF ZONING COMPLIANCE: Certificate issued by the Zoning Enforcement Officer to confirm conformance of completed work with an approved zoning permit.

CHANGE IN DESIGN, MATERIAL OR OUTWARD APPEARANCE: An alteration that will affect either the exterior architectural or environmental features of a historic property or any building, structure, site, object or landscape feature. Such changes include but are not limited to a reconstruction or alteration of the size, shape or elevation of a historic property, including any of its architectural elements or details; demolition or relocation of a historic structure; commencement of excavation for construction purposes; or the erection, alteration, restoration or removal of any building or other structure, including walls, fences, steps or other appurtenant features, except exterior paint alterations or signage.
[Added 10-20-2008 by L.L. No. 6-2008]

CHARACTER: All those visual aspects and physical features that comprise the appearance of a building, structure, property, neighborhood or district. Character-defining elements of a building include its overall shape, scale and height; the number and placement of openings (doors, windows); roof shape, configuration, and related features (dormers, chimneys); building materials and craftsmanship; architectural style, decorative trim and details and other features, as well as the various aspects of site and environment. Character-defining elements of a neighborhood additionally include building setbacks, rhythm of spacing between buildings, geographic and landscape features, directional orientation of buildings, and presence (or lack) of outbuildings.
[Added 10-20-2008 by L.L. No. 6-2008]

CLUSTER DEVELOPMENT: A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas. Wetlands and land with slopes greater than 15° cannot be used in the calculation to determine the number of clustered dwelling units permitted in the appropriate district regulations.

COMBINATION VEHICLES: An equipment configuration which includes a separate power unit (tractor) and at least one trailer.
[Added 2-28-2011 by L.L. No. 4-2011]

COMMERCIAL PAID PARKING: A privately (i.e., nonmunicipally) owned area devoted to outdoor, off-street parking in approved parking spaces, other than accessory off-street parking spaces, where, for a charge or fee, five or more motor vehicles may be stored for the purpose of temporary or long-term parking. Notwithstanding the foregoing, house trailers, utility trailers, combination vehicles, construction equipment (i.e., dump trucks, backhoes, excavators, etc.), and nonregistered motor vehicles are not included in the definition of motor vehicles permitted to be parked in designated commercial paid parking areas and are therefore prohibited from parking therein.
[Amended 10-20-2008 by L.L. No. 7-2008; 7-20-2009 by L.L. No. 4-2009; 2-28-2011 by L.L. No. 4-2011]

COMPARABLE: More similar characteristics than dissimilar.

COMPATIBILITY: When used in the context of the regulations for the Historic and Architectural Control Overlay District (§ 300-26), materials and designs that can exist in close proximity without affecting each other detrimentally. Compatibility is achieved through careful attention to general design, scale, texture and composition of building materials, proportion, arrangement of openings for windows and doors, roof shape, setbacks, spacing of buildings, and character.
[Amended 10-20-2008 by L.L. No. 6-2008]

COMPENSATORY: That which offsets and/or counterbalances.
[Added 7-20-2009 by L.L. No. 4-2009]

COMPENSATORY DEVICE: Design technique(s) employed to offset potential significant environmental, aesthetic, safety, health or welfare issues for a proposed project, and may include, but are not limited to, plantings, walls, fences, changes in elevation, curved internal roadways, curbing, wheel stops, or entrance/exit placement.
[Added 7-20-2009 by L.L. No. 4-2009]

CONDOMINIUM: A form of real estate ownership of a multiunit residential dwelling, where each occupant has one-hundred-percent ownership of his own apartment and partial ownership of common elements such as hallways, land and garages.

CONSERVATION: The overseeing and maintenance of a structure and/or lot to arrest its decay or destruction, usually by applying a variety of measures.

CONSTRUCTION: All the work performed in building and altering structures. "Constructing" means building and altering structures.

CONTRIBUTING: A building, site, structure or object adding to the historic character of the property, the neighborhood and/or the Village of Cooperstown.
[Amended 10-20-2008 by L.L. No. 6-2008]

CONVERSION: A change in the use of a building to another use which may be subject to different requirements.

COOPERATIVE: A form of real estate ownership of a multiunit residential dwelling by a nonprofit corporation which leases portions of the property to its stockholders.

CORNICE: A molded projection which crowns or finishes the part to which it is affixed.

COURT, OUTER: An open space enclosed on three sides by exterior walls of a building.

COURT, OUTER, DEPTH OF: The average dimension from the open side of the court to the opposite wall.

COURT, OUTER, WIDTH OF: The average dimension between the opposing sides of the court.

COVENANT: An agreement between two or more individuals, incorporated within a deed, which stipulates how land will be used.

DECK: A flat open platform, usually made of wood or wood composites, intended for relaxation and recreation.

DEED: A duly attested written document executed under seal and delivered to effect a transfer and conveyance of real property or interests therein.

DEMOLITION: The systematic destruction of a structure in whole or in part.

DENSITY: The quantity of buildings distributed over an area unit of measure, such as the number of buildings per acre.

DISREPAIR, SERIOUS: A condition which threatens the structural integrity of the building or structure, its weatherproofing, or the health and safety of its occupants. It includes but is not limited to the deterioration of exterior walls or other vertical supports, deterioration of roofs, exterior floors or steps, or other horizontal members, deterioration of exterior chimneys, deterioration or crumbling of exterior stucco or mortar, ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors, or the deterioration of any feature so as to create a hazardous condition, which could lead to the claim that demolition is necessary for the public safety.
[Added 10-20-2008 by L.L. No. 6-2008]

DORMITORY: A building or buildings with group living quarters for six or more unrelated people, occupied by students or another group associated with a school or nonpatient hospital use, in which housekeeping facilities may be shared or absent. Occupation may be short-term (less than 30 consecutive days) or long-term.
[Added 11-24-2014 by L.L. No. 16-2014]

DUSTLESS SURFACE: A driveway or parking area that does not emit airborne dust.

DWELLING: A place of abode, designed for or used as a residence.

DWELLING, MULTIPLE-FAMILY: A residence designed for more than two families, living independently of one another, with separate housekeeping facilities for each. For the purposes of this chapter, apartments, condominiums and cooperatives are considered multiple-family dwellings.

DWELLING, SINGLE-FAMILY: A detached residence designed exclusively for one family. For the purposes of this chapter, townhouses are considered single-family dwellings.

DWELLING, TWO-FAMILY: A detached residence designed exclusively for two families.

EASEMENT: A right of accommodation, for a specific purpose, in land owned by another, such as a right-of-way.

EASEMENT, FACADE: A voluntary legal agreement that protects an exterior elevation or elevations of a property. Under the terms of an easement, a property owner grants a portion of, or interest in, his/her property rights to an organization or municipality whose mission includes historic preservation. Once recorded, an easement becomes part of the property's chain of title, thus binding not only the owner who grants the easement but all future owners as well.
[Added 10-20-2008 by L.L. No. 6-2008]

EAVE: That part of a roof which projects beyond the exterior wall, usually the lower edge of a sloped roof.

ELEMENTS, HISTORIC AND/OR ARCHITECTURAL: See "character."
[Added 10-20-2008 by L.L. No. 6-2008]

ELEVATOR PENTHOUSE: See "bulkhead."

ERECTED: Construction members that have been hoisted, assembled and secured.

EXTERNAL FEATURES: The architectural style and general arrangement of the exterior elements of a structure.

FACADE: A building's vertical surfaces, including all permanent architectural details.

FAMILY: One or more persons occupying a single housekeeping unit and using common cooking facilities, and related by genetics or marriage or by a recognized legal bond, including but not limited to adoption, foster-child/foster-parent relationship, or domestic partnership, and excluding combinations of individuals that include more than four persons unrelated to the remainder of the group.
[Amended 11-24-2014 by L.L. No. 16-2014]

FEATURE: A prominent or distinctive aspect, quality or characteristic of a property that contributes significantly to its physical character. Features include but are not limited to the kind, composition and texture of building materials, including roofing and siding, and the type, style and material of all windows, doors, chimneys, trim, signs and other appurtenant architectural fixtures, details or elements relative to the forgoing.
[Added 10-20-2008 by L.L. No. 6-2008]

FENCE: A fence is considered a structure requiring a zoning permit under the terms of this chapter. See definition of "yard" for limitations of height and location. The height of a fence shall be measured from the average grade for any fence section to the top of the fence, excluding any decorative caps, finials or posts, provided such are no more than 20% higher than the fence.
[Amended 11-24-2014 by L.L. No. 16-2014]

FIELD CHANGE: A minor change or adjustment to an approved application/permit (or certificate of appropriateness), that will not substantially alter the intent, layout or design of the approved plan. Field changes require review by the Planning Board and/or Historic Preservation and Architectural Review Board, whichever is applicable.
[Amended 10-20-2008 by L.L. No. 6-2008]

FILLING STATION: Any premises where gasoline is dispensed from stationary exterior pumps and other petroleum products are sold and/or dispensed.

GARAGE (COMMERCIAL): A structure designed or used for service, maintenance, repair or other commercial activity in relation to automotive vehicles.

GARAGE (PRIVATE): A structure designed and used for the parking of vehicles for the use of the residents of the dwelling to which the garage is accessory.[1]

GROSS SQUARE FEET: The sum of all areas on all floors of a building included within the outside faces of its exterior walls.
[Added 11-24-2014 by L.L. No. 16-2014]

GUEST SLEEPING ROOM: A partitioned part of the interior of a hotel, motel or tourist accommodation which contains a bed or beds, is maintained primarily for sleeping purposes, and is let out by its owner or, in the case of a hotel or motel, any agent of its owner at any time to transient guests for compensation.
[Added 11-24-2014 by L.L. No. 16-2014]

GYMNASIUM: A fitness center, health club and/or indoor athletic facility devoted to physical conditioning, exercise, sports activities or games.
[Amended 5-27-2014 by L.L. No. 8-2014]

HABITABLE SPACE: A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

HARDSHIP: Where an owner of property has established that a property is incapable of earning a reasonable return, as provided in § 300-26F and G of this chapter.
[Added 10-20-2008 by L.L. No. 6-2008]

HARMONY: A pleasing relationship of style, architecture or use of a building to its surroundings.

HAZARDOUS MATERIAL: Any item or agent (biological, chemical, radiological, and/or physical) which has the potential to cause harm to humans, animals, or the environment, either by itself or through interaction with other factors.
[Added 12-22-2016 by L.L. No. 11-2016]

HEIGHT: Vertical distance between the bottom and top points of a building, measured on the side(s) of the building corresponding to the lot frontage. The bottom point shall be the mean elevation at finished grade as measured at the face of the building on the side corresponding to the lot frontage. The top point shall be: a) the highest point of a flat or mansard roof; or b) the average height of the highest pitched, gabled, hip, shed or gambrel roof.
[Amended 11-24-2014 by L.L. No. 16-2014]

HISTORICALLY APPROPRIATE: Changes to a structure that respect its historical character and architecture and are compatible therewith.
[Amended 10-20-2008 by L.L. No. 6-2008]

HISTORIC BUILDING, STRUCTURE OR PROPERTY: Any building, structure or property recognized to have important historical or architectural significance which contributes to the character of the Village of Cooperstown. Such buildings, structures or properties are those that: a) possess special character or specific historic or aesthetic interest or value as part of the political, cultural, economic or social history of the Village; b) are identified with historic personages; c) are the work of a designer whose work has significantly influenced an age; d) are examples of a particular architectural style or mode of construction; or e) are part of a group of structures, buildings or sites that are significant as a single, identifiable entity, although their individual components may lack particular historic or architectural distinction or merit. Such term includes but is not limited to those buildings, structures or properties listed individually on the national or state registers of historic places or as contributing resources within a historic district listed on the national or state registers of historic places.
[Added 10-20-2008 by L.L. No. 6-2008]

HISTORIC CHARACTER: The architectural style of a structure that relate it to its historical significance.

HOME OCCUPATION: An occupation or profession which is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit by a member of the family residing in the dwelling unit and is clearly incidental and secondary to the use of the dwelling unit for residential purposes. Home occupations include but are not limited to art studios, barbershops, beauty parlors, dressmaker shops and professional offices of physicians, dentists, lawyers, engineers, architects, accountants and real estate agents. Home occupations include the renting for long-term occupancy of not more than two rooms with not more than two persons per room. However, commercial stables and kennels, restaurants, funeral homes and mortuaries and tourist accommodations are not considered home occupations.

HOSPITAL: A facility licensed in the State of New York and used for the diagnosis, treatment or other care of human ailments, including a clinic, adult home, nursing home or medical center. A "hospital" may include accessory uses, such as but not limited to offices for hospital administrators and hospital employees; hospital support facilities, such as medical laboratories, diagnostic testing centers, physical therapy and pharmaceutical facilities; storage facilities for medical equipment, supplies and records; hospital operations and maintenance facilities, such as food service and laundry facilities, housekeeping and maintenance storage areas; extended care facilities; overnight accommodations and cafeteria facilities for on-duty hospital employees and medical residents; medical libraries, research and educational facilities; cogeneration, incineration, water, electrical and heating equipment facilities; and off-street parking facilities.
[Amended 11-24-2014 by L.L. No. 16-2014]

HOTEL: A building of two or more stories containing eight or more rooms which are offered to transient guests, where a general kitchen and public dining room may be provided within the building or in an accessory building, and having an owner of the building or an agent thereof in attendance on the premises at all times whenever one or more of said rooms are occupied by guests. Hotels are required to provide adequate off-street parking for guests.

INTEGRITY: The soundness of a building; for the purpose of historic preservation, additionally the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's period of significance.
[Amended 10-20-2008 by L.L. No. 6-2008]

LABORATORY: A place equipped and used for experimental study, research, analysis, testing or preparation in any branch of science.

LANDSCAPE: To improve the appearance of, as by planting trees, shrubs, flowers or grass or by altering contours of the ground.
[Added 7-20-2009 by L.L. No. 4-2009]

LIGHT MANUFACTURING: The processing, fabrication, assembly, disassembly, treatment, packaging of products and the incidental storage of related materials and products where all associated activity is conducted within a building and where there in not a significant increase in ambient light, odor, smoke, noise or traffic.
[Amended 10-22-2012 by L.L. No. 7-2012]

LOADING BERTH: A space within a building or on the same lot providing for the standing, loading or unloading of a commercially operated motor vehicle on a regular basis.
[Added 11-24-2014 by L.L. No. 16-2014]

LONG-TERM OCCUPANCY: Occupancy of a structure for 30 consecutive days or more.

LOT: A parcel of land that is described on a recorded plat or by survey.

LOT FRONTAGE: The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under the definition of "yards" in this section of this chapter below.[3]

LOT OF RECORD: A lot, the legal description of which has been recorded in the office of the Otsego County Clerk.

LOT WIDTH: The maximum distance between the side lot lines of a lot measured by a straight line, parallel (or as nearly parallel as possible) to the front lot line, on or within the required front yard. In cases of properties that front on a cul-de-sac, the lot width shall be measured along the arc of the circle rather than a straight line.
[Added 11-24-2014 by L.L. No. 16-2014]

MAINTENANCE AND REPAIR: Actions involving painting, roof repair or other similar minor repairs, not including structural alterations, changes in architectural details or changes in types of materials.

MEMORIAL: An architectural or sculptural object or a plaque commemorating a person or event.

MIXED OCCUPANCY: Use of a structure for both residential and business purposes. In a Business or Commercial District, single-family, two-family and multiple-family dwellings are permitted, subject to the following criteria:
[Amended 2-25-2013 by L.L. No. 5-2013]

MOBILE HOME: A factory-built dwelling constructed on a chassis to facilitate its transportation to a building site. A travel trailer or recreational vehicle shall not be construed to be a mobile home. Factory-built homes which are permanently placed on foundations, which are commonly known as "modular homes" or "manufactured homes," are also not considered to be mobile homes.

MOBILE HOME PARK OR COURT: A parcel of land which has been planned and improved for the placement of four or more mobile homes for long-term occupancy.

MOBILE HOME SUBDIVISION: An area of land which has been subdivided into separate parcels and improved for the placement on each lot of a mobile home for long-term occupancy.

MONOLITHIC: An appearance of complete uniformity.

MOTEL: A building, part of a building or group of buildings, whether detached or in connecting units, comprising five or more individual sleeping units used primarily for transient guests and providing for accessory off-street parking facilities and having an owner of the building(s) or of the establishment or an agent thereof in attendance on the premises at all times whenever one or more of said sleeping units are occupied by guests.

MUSEUM: A not-for-profit institution chartered by the New York State Education Department and engaged in the acquisition, preservation, study and exhibition of works of artistic, historic or scientific value.

NATIONAL REGISTER OF HISTORIC PLACES: Structures placed on this list comply with the standards of historic significance of the Department of the Interior.

NEIGHBORHOOD: The surrounding area or vicinity; often a district, block or blocks, or locale with distinctive characteristics regarding land use, development and/or architectural styles or features.
[Added 10-20-2008 by L.L. No. 6-2008]

NONCONFORMING LOT: Land that does not now comply with the area or bulk regulations for the zoning district but which did comply with applicable regulations at the time such lot was established.

NONCONFORMING STRUCTURE: Any building that does not now meet the limitations on building size and/or location on a lot in the district in which such building is located, but which did meet existing limitations prior to the adoption, revision or amendment of this chapter.

NONCONFORMING USE: A use or activity which lawfully existed prior to the adoption, revision or amendment of this chapter, but which fails by reason of such adoption, revision or amendment to conform to the district in which it is located.

NONCONTRIBUTING: A building, site, structure or object that does not contribute to the historic significance of the historic district.

OFFICE: A place where a particular kind of business is transacted or a service is supplied, where such use does not involve the keeping of stock or merchandise or the purchase or sale of goods on the premises. A medical, dental or other such office not part of a hospital is included in this definition.
[Amended 11-24-2014 by L.L. No. 16-2014]

OPEN SPACE LAND: The designation given to parks, recreational or natural land or other land not to be occupied by buildings.

ORDINARY MAINTENANCE AND REPAIR: Restoration of an architectural or environmental feature to correct deterioration, decay or damage, or to sustain the existing form, that does not involve a material change in design, material or outer appearance. For purposes of this definition, changes in color are not considered a material change in design, material or outer appearance except where colors of material that cannot be subsequently changed is involved, such as the color of brick or stonework.
[Added 10-20-2008 by L.L. No. 6-2008]

OVERLAY DISTRICT: A mapped zone that imposes a set of requirements in addition to those of the underlying zoning district. In an area where an overlay district is established, property is placed simultaneously in two districts, and the property may be developed only under the conditions and requirements of both districts.

OWNER: The person, persons or organization that appears on the deed recorded in the office of the Otsego County Clerk. In addition, with respect to tourist accommodations, the individual that satisfies the owner-occupancy provision shall have at least twenty-five-percent ownership in the property.

OWNER-OCCUPIED: An owner must be present in a tourist accommodation at all times when guests are present. A tourist accommodation may designate an individual to be the agent of the owner(s) in the case of emergencies; the name of such agent must be provided to the Zoning Enforcement Officer.

OWNER-OPERATED: With respect to tourist accommodations, an owner must be in full control of his operations whenever guests are present. An owner may employ individuals to carry out portions of the operations such as housekeeper, breakfast cook or server, etc., but these individuals must be directly responsible to an owner.

PARAPET: A low guarding wall or any point of sudden drop as at the edge of a terrace, roof or balcony.

PARCEL: A contiguous land area which is considered as a unit, which is subject to single ownership, and which is legally recorded as a single piece.

PARKING SPACE, OFF-STREET: Area designated for the storage of a motor vehicle that is on private property.
[Amended 11-24-2014 by L.L. No. 16-2014]

PARKING STRUCTURE: A building for the parking of motor vehicles having one or more tiers or levels. A parking structure may stand alone or be part of a larger building. It may be below grade or either partially or totally above grade.
[Added 11-24-2014 by L.L. No. 16-2014]

PATIO: Any outdoor living space that is adjacent to a building, usually made of brick, stone or concrete.

PAVING: See "dustless surface."

PERSON: Any individual or individuals, partnership, proprietorship, company, corporation, association, nonprofit or for-profit entity of any kind or type.
[Added 10-20-2008 by L.L. No. 6-2008]

PLAT: A map, plan or chart of a municipality indicating the location and boundaries of individual properties.

PLOT: Parcel of land consisting of one or more lots or portions of lots which are described by reference to a recorded plat or by survey.

PORCH: An exterior structure that shelters a building entrance and/or that extends along the outside of a building, usually roofed and generally open-sided, but may also be partially enclosed, screened or glass-enclosed.

PORTABLE STORAGE CONTAINER: A portable receptacle with at least one dimension (length, width or height) exceeding five feet that can be used, or is used, for the storage of personal property of any kind, and that is not located in a building.
[Added 12-22-2016 by L.L. No. 11-2016]

PRESERVATION

[Amended 10-20-2008 by L.L. No. 6-2008]

With respect to a historic property, the maintenance and repair of existing historic materials and retention of a property's form as it has evolved over time.

With respect to neighborhood character, the retention of the significant features that established a particular character of a neighborhood.

PRINCIPAL: That which is predominant due to size, intensity, use or a combination thereof.
[Added 11-24-2014 by L.L. No. 16-2014]

PROPERTY: A parcel of real property located in the Village of Cooperstown. When not otherwise specifically described or limited, said term includes any buildings, structures and other improvements located thereon.
[Added 10-20-2008 by L.L. No. 6-2008]

PROPORTION: A satisfactory relationship and balance of architectural features as they relate to one another in terms of size, shape and texture.

PUBLIC PARKS AND PLAYGROUNDS: Land and any accessory structures in public ownership or owned or leased and operated by a nonprofit entity [IRC § 501(c)(3)] that is set aside for public use and which may or may not have been developed for recreational facilities, such as playgrounds, tennis courts, horse and bike trails, athletic fields, picnic areas, or swimming areas.
[Amended 7-18-2001 by L.L. No. 6-2011; 11-24-2014 by L.L. No. 16-2014]

PUBLIC UTILITY STRUCTURE: A structure used for, or in connection with, the transmission, distribution or regulation of water, sewer, gas, electric, telephone or other public utility service.

REASONABLE: That which is logical, not excessive, evidences common sense and fairness.
[Added 7-20-2009 by L.L. No. 4-2009]

REASONABLE RETURN: An economic return on an investment which falls within a range that is neither confiscatory nor unduly profitable.
[Added 10-20-2008 by L.L. No. 6-2008]

RECONSTRUCTION: Reproducing by new construction the exact form and detail of a deteriorated or missing part.

REHABILITATION: Returning of a building to a useful state through repair, preservation, alteration or modification.

REMOVAL: The permanent deletion of materials from a structure.

RESIDENCE: A structure, or portion of a structure, that is occupied by its owner or rented to a family for a period of 30 consecutive days or more.

RESTAURANT: Any establishment that provides as a principal use the sale of food or beverages in a state ready for consumption. A "restaurant" shall not be deemed to include a vending conveyance or vending stand on public property that is regulated under the Village Vending Law. Neither shall a restaurant include a use that is accessory to another use, such as a snack bar or refreshment stand that is accessory to a recreational facility or a cafeteria that is accessory to a hospital, school or other institutional use.
[Added 11-24-2014 by L.L. No. 16-2014]

RESTORATION: The accurate reestablishment of the form, materials and details of a building as it appeared at a particular time; may require the removal of later work or reconstruction of earlier work which had been removed.

RETAIL STORES AND SHOPS: Any building or portion thereof in which one or more services or one or more articles of merchandise are sold at retail. Retail outlets in which light manufacturing or processing are incidental to the sale of goods or services on the same premises are included in this definition. Exterior lots for the display and sale of vehicles, heavy equipment or manufactured housing are excluded from this definition.
[Amended 10-20-2008 by L.L. No. 7-2008]

ROADSIDE STAND: See Chapter 277, Vending, Peddling and Soliciting, of the Code of the Village of Cooperstown.

SATELLITE ANTENNA: Any exterior equipment used to receive direct broadcast satellite service, including direct-to-home satellite service to receive or transmit fixed wireless signals via satellite; to receive video-programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services; to receive or transmit fixed wireless signals other than via satellite; or to receive broadcast communications signals. Such term shall include any mount, mast, pole or other elevating device supporting the same or any accessory structure that is associated with its operation.
[Amended 11-24-2014 by L.L. No. 16-2014]

SCALE: Relationship of parts to one another. See "proportion."

SCREEN: To provide a vertical barrier, such as a wall, mound, fence or vegetation, designed to shield or obscure one or more abutting or nearby structures, building components or uses from others.
[Amended 11-24-2014 by L.L. No. 16-2014]

SCREENING: That which shelters, protects or conceals an area or object(s).
[Added 7-20-2009 by L.L. No. 4-2009]

SEQRA: New York State Environmental Quality Review Act.[4]

SETBACK: Same as a required yard or the minimum distance between a structure and a point of reference such as the lot line or street line.

SIGN: See Chapter 227, Signs, of the Code of the Village of Cooperstown.

SITE DEVELOPMENT PLAN: A drawing, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all structures, uses and principal site development features proposed for a specific parcel of land.

SPECIAL PERMIT: A zoning permit that allows a use following individual consideration through an established review procedure. Such a use may require certain conditions before being permitted.

STEEP SLOPE: Gradient of 15% or more.

STREET LINE: The curbline of a public street. Where no curb exists, the outermost edge of the paved surface is considered the street line.

STRUCTURALLY ALTERED: The load-bearing members of a building have been changed.

STRUCTURE: Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, "structures" include buildings, walls, fences, signs and billboards.

STUDIO: The workroom of an artist or artisan.

STYLE: See "architectural style."

SUBDIVISION: The division of any parcel of land into two or more lots, plots, sites or other divisions of land for immediate or future sale or for building development. Refer to Chapter 245, Subdivision of Land, of the Code of the Village of Cooperstown.

TERRACE: An embankment with a level top, often paved or planted for leisure use, or a flat roof or raised space or platform adjoining a building.

TEXTURE: The visual or tactile surface characteristics and appearance of materials.

THEATER: A place of assembly for the showing of motion pictures, films or videos, or for the production of plays and special events.

TOURIST ACCOMMODATION: Any single-family, two-family or multiple-family dwelling within which overnight accommodations are provided for or offered to transient guests for compensation. Meals may be served to overnight guests but not to the general public. Motels and hotels are excluded from this definition.
[Amended 11-24-2014 by L.L. No. 14-2014; 2-23-2015 by L.L. No. 3-2015]

TOWNHOUSE: One of a series of two or more houses constructed in an unbroken row, separated by common or party walls. Land located directly beneath the townhouse is in the same ownership; land around the townhouse may be in the same ownership or in common ownership with other townhouse owners and subject to association care and maintenance.

TRANSIENT GUEST(S): Individuals or families who occupy overnight accommodations for compensation for a period of less than 30 consecutive days. This includes individuals or families who stay for less than 30 days or pay for a rental period of less than 30 days, even if the rental terms provide for a stay of 30 days or more.
[Amended 11-24-2014 by L.L. No. 14-2014; 2-23-2015 by L.L. No. 3-2015]

TRELLIS: Same as "arbor."

TRUNK DIAMETER: The diameter of a tree measured at four feet above the ground.

USE: The specific purpose for which land or a building is used or occupied.

VALUE, TRUE: The value of a property as calculated by applying the official equalization rate to the assessed value.

VARIANCE: A relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the law would result in unnecessary and undue hardship.

VILLAGE BOARD OF TRUSTEES: The governing body of the Village, as detailed in Village Law, Chapter 64 of the Consolidated Laws of New York.

VILLAGE CODES OFFICIAL: Same as "Village Zoning Enforcement Officer."

VILLAGE PLANNING BOARD: The Board created by the Village Board of Trustees and empowered by it to perform the duties of a Planning Board as specified in Article 7 of the Village Law, Chapter 64 of the Consolidated Laws of New York.

VILLAGE ZONING BOARD OF APPEALS: The Board created by the Village Board of Trustees and empowered by it to consider and approve variances and certain special permits and to make interpretations of this chapter and to review challenges to decisions of the Village Zoning Enforcement Officer.

VILLAGE ZONING ENFORCEMENT OFFICER: An individual appointed by the Village Board of Trustees and given the responsibility to oversee and enforce all provisions of this chapter.

WALL: An outside structure, similar to a fence, but usually constructed of stone or brick.

WAREHOUSE: A building, or portion thereof, designed or used for the storage of goods, merchandise, supplies or other commodities.

WETLANDS: Land forms referred to as "swamps," "marshes," "wet meadows," "lakes," "ponds" and "streams" that have specific types of vegetation and soil types associated with them. See New York State Department of Environmental Conservation.

WHOLESALE ESTABLISHMENT: A building or buildings, or portion(s) thereof, used as a distribution center for the sale of goods, in particular to retailers, in large quantities.

YARD: A required open space unoccupied and unobstructed by any structure or portion of a structure from:

YARD, FRONT: A yard extending between side lot lines across the front of a lot. In the case of corner lots with two or more frontages, the Codes Official shall determine the front yard requirements such that at least one front yard shall be provided having the full depth required in the zoning district while the other front yard shall have at least half the full depth required. Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines, which, in the case of rounded property corners at street intersections, shall be presumed to be the point at which the side and front lines would have met without such rounding. Front and rear yard lines shall be parallel.

YARD, SIDE: A yard extending from the rear line of the required front yard to the rear lot line. Width of required side yards shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. The inner side yard line of a required side yard shall be parallel to the straight line so established.

YARD, REAR: A yard extending across the rear of the lot between inner side yard lines. In the case of corner lots with formal frontage, the rear yard shall extend from the inner side yard line of the side adjacent to the interior lot to the rear line of the half depth front yard. Depth of required rear yards shall be measured at right angles to a straight line joining the rearmost points of the side lot lines. The forward rear yard line of a required yard shall be parallel to the straight line so established.

ZONING PERMIT: A permit granted by the Village Planning Board, the Village Zoning Board of Appeals, the Village Historic Preservation and Architectural Review Board and/or the Village Board of Trustees and issued by the Village Zoning Enforcement Officer in compliance with this chapter. Zoning permits may also be referred to as "building permits" in this chapter, but are not to be confused with building permits which are issued by the Otsego County Codes Office in compliance with the New York State Residential and Building Codes.
[Amended 11-24-2014 by L.L. No. 16-2014]

[1]

Editor's Note: The definition of "grotesque," which immediately followed this definition, was repealed 11-24-2014 by L.L. No. 16-2014.

[2]

Editor's Note: The definitions of "historic elements" and "historic significance," which immediately followed this definition, were repealed 10-20-2008 by L.L. No. 6-2008.

[3]

Editor's Note: The definition of "lot measurements," which immediately followed this definition, was repealed 11-24-2014 by L.L. No. 16-2014.

[4]

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.