The regulations set by this chapter within each district shall
be minimum regulations and shall apply uniformly to each class or
kind of structure or land, and particularly, except as hereinafter
provided:
A.
No building, structure or land shall hereinafter be
used or occupied, and no building or structure or part thereof shall
hereafter be erected, constructed, reconstructed, moved or structurally
altered, unless in conformity with all of the regulations for the
district in which it is located, except as herein specified.
B.
No building or other structure shall hereafter be
erected or altered to exceed the height or to accommodate or house
a greater number of families or to occupy a greater percentage of
lot area or to have narrower or smaller rear yards, side yards, front
yards or other open spaces than herein required, or in any other manner
contrary to the provisions of this chapter.
C.
No part of a yard or off-street parking space required
about or in connection with any building for the purpose of complying
with this chapter shall be included as part of a yard or off-street
parking space for any other building.
D.
No yard or lot existing at the time of passage of
this chapter shall be reduced in dimension or area below the minimum
requirements set forth herein. Yards or lots created after the effective
date of this chapter shall meet at least the minimum requirements
established by this chapter.
E.
Any use not permitted by this chapter shall be deemed to be prohibited. The list of prohibited uses contained in § 300-27 of this chapter shall not be deemed to be an exhaustive list but has been included to illustrate, by example, some of the uses frequently proposed that are deemed undesirable and incompatible and are thus prohibited.
F.
Uses identified as special permit uses shall be deemed
prohibited uses unless a valid special permit shall be issued by the
Village Board of Trustees or Board of Appeals therefor. Preexisting
uses identified as special permit uses in this chapter, for which
there exists on the effective date of this chapter or amendment thereof
a valid certificate of zoning compliance, shall not be deemed nonconforming
unless such uses are noncomplying as to the bulk or supplemental regulations
of this chapter.
[Amended 11-23-2015 by L.L. No. 13-2015]
Within the R-1A, R-1, R-2, R-3, B and C Districts, Code §§ 300-10 through 300-15 (Schedule of Regulations) shall apply. For the regulations applying to Planned Development (PD) Districts and amendments of Coordinated Development (CD) Districts, see Article IV of this chapter. For the regulations applying to the Waterfront Development Overlay (WDO) Districts, Flood Hazard Overlay (FHO) Districts, and Historic and Architectural Control Overlay (HACO) Districts, see Article V of this chapter.
B.
Uses permitted on issuance of a special permit by
the Village Board of Trustees or Board of Appeals:
(1)
Hospitals.
(2)
Churches and similar places of worship.
(3)
Public parks and playgrounds.
(4)
Other municipal facilities.
(5)
Accessory uses for the foregoing.
(6)
Satellite antennas.
(7)
Accessory home occupation in a single-family dwelling.
(Special permits considered by the Board of Appeals.)
(8)
Accessory apartment unit in a single-family dwelling.
(Special permits considered by the Board of Appeals.)
(9)
Tourist accommodation (owner-occupied and owner-owned). (Special
permits considered by the Board of Appeals.)
[Added 11-24-2014 by L.L. No. 14-2014; amended 2-23-2015 by L.L. No. 3-2015]
C.
Yard and height requirements.
(1)
Minimum lot width: 50 feet.
(2)
Minimum lot area: 5,000 square feet; or 7,000 square
feet for an accessory apartment unit in a single-family dwelling.
(3)
Minimum yard dimensions.
(a)
Front: 20 feet.
(b)
Side: For any accessory structure and principal
structures with a lot frontage of less than 60 feet, a minimum side
yard setback of five feet is permitted, the combined total of the
two side yards not to be less than 20 feet. Principal structures with
a lot frontage of 60 feet or more shall have a minimum side yard setback
of 10 feet.
[Amended 2-25-2013 by L.L. No. 5-2013; 4-23-2016 by L.L. No. 4-2016]
(c)
Rear: 10 feet.
[Amended 2-25-2013 by L.L. No. 5-2013]
(4)
Maximum height: 2.5 stories; 30 feet.
B.
Uses permitted on issuance of a special permit by
the Village Board of Trustees or Board of Appeals:
(1)
All special permit uses in R-1A, R-1 and R-2.
C.
Yard and height requirements.
(1)
Minimum lot width: 50 feet.
(2)
Minimum lot area: 5,000 square feet; or 3,000 square
feet per family for multiple-family dwellings; or 7,000 square feet
for two-family dwellings.
(3)
Minimum yard dimensions.
(a)
Front: 20 feet.
(b)
Side: For any accessory structure and principal
structures with a lot frontage of less than 60 feet, a minimum side
yard setback of five feet is permitted, the combined total of the
two side yards not to be less than 20 feet. Principal structures with
a lot frontage of 60 feet or more shall have a minimum side yard setback
of 10 feet.
[Amended 2-25-2013 by L.L. No. 5-2013; 4-23-2016 by L.L. No. 4-2016]
(c)
Rear: 10 feet.
[Amended 2-25-2013 by L.L. No. 5-2013]
(4)
Maximum height: 2.5 stories; 30 feet.
B.
Uses permitted on issuance of a special permit by
the Village Board of Trustees or Board of Appeals:
(1)
Public utility structures.
(2)
Multiple-family dwelling.
[Amended 2-25-2013 by L.L. No. 5-2013]
(3)
Museums.
(4)
Satellite antennas.
(5)
Tourist accommodations (owner-occupied and owner-operated).
(Special permits considered by the Board of Appeals.)
(6)
Hotels.
(7)
Motels.
(8)
Commercial paid parking lots. (Special permits considered by the
Village of Cooperstown Planning Board, approved upon a showing of
compliance with all adopted rules and regulations governing the creation
and/or operation of commercial paid parking lots.)
[Added 7-20-2009 by L.L. No. 4-2009; amended 2-28-2011 by L.L. No.
4-2011]
[Amended 2-21-2006 by L.L. No. 1-2006; 10-20-2008 by L.L. No.
7-2008]
A.
Permitted uses:
[Amended 2-25-2013 by L.L. No. 5-2013; 5-27-2014 by L.L. No.
8-2014]
(1)
Multiple-family dwellings.
(2)
Public parks/playgrounds.
(3)
Municipal uses.
(4)
Stores and shops less than 3,000 square feet in footprint.
(5)
Restaurants.
(6)
Personal service shops.
(7)
Banks.
(8)
Offices.
(9)
Artist studios.
(10)
Light manufacturing.
(11)
Gymnasiums less than 3,000 square feet in footprint.
(12)
Mixed occupancy.
(13)
Accessory uses to the foregoing.
B.
Special
permit uses:
[Amended 10-22-2012 by L.L. No. 7-2012; 2-25-2013 by L.L. No.
5-2013; 5-27-2014 by L.L. No. 8-2014]
(1)
Single-family
dwellings.
(2)
Two-family
dwellings.
(3)
Hospitals.
(4)
Museums.
(5)
Gymnasiums
3,000 square feet in footprint or greater.
(6)
Places
of worship.
(7)
Public/private
schools.
(8)
Theaters/auditoriums.
(9)
Accessory
home occupation.
(10)
Accessory apartment unit.
(11)
Satellite antennas.
(12)
Tourist accommodations.
(13)
Hotels and motels.
(14)
Stores and shops 3,000 square feet in footprint or greater.
(15)
Filling stations.
(16)
Warehouses.
(17)
Commercial paid parking.
(18)
Auto service stations.
(19)
Public utility structures.
(20)
Research laboratories.
(21)
Accessory uses to the foregoing.
C.
Special permit uses contingent on the location of said use. The following
land uses are allowed in the Commercial District by special permit,
provided the use is not adjacent to a parcel of land located in a
residential district, and provided the said land use is not directly
across a public street from a parcel located in a residential district:
D.
Yard and height requirements.
(1)
Minimum lot width: 50 feet.
(2)
Minimum lot area: 5,000 square feet; 7,000 square feet for two-family
unit; 3,000 square feet per family for multifamily dwelling.
(3)
Front yard setback: as established, or minimum of 20 feet from designated
street line.
(4)
Side yard setback: as established, or minimum of 20 feet total with
no less than five feet on either side.
(5)
Rear yard setback: as established, or minimum of 10 feet.
(6)
Maximum height: 2.5 stories or 30 feet, except buildings north of
Glen Avenue, which shall have a maximum height of 42 feet or 3.5 stories.
[Amended 2-25-2013 by L.L. No. 5-2013]
[Amended 4-21-2003 by L.L. No. 4-2003; 2-28-2011 by L.L. No.
4-2011]
It is the intention of this chapter to allow certain uses in specified districts as indicated in §§ 300-10 through 300-15 (Schedule of Regulations) only when standards established herein are met and when, in the judgment of the Village Board of Trustees or Board of Appeals or Planning Board, these uses will not be detrimental to the safety, general health, welfare or to the particular character of the neighborhood or to the values of surrounding properties.
A.
Application for a special permit shall be submitted in writing to the Codes Official for transmittal to the Board of Trustees or Board of Appeals or Planning Board, indicating the section of this chapter under which the special permit is sought, and stating the grounds on which it is requested, in accordance with the procedures in Articles I, XI and XII hereof.
B.
A special permit shall not be issued until after a
public hearing relating thereto is held. At such hearing, interested
parties shall have an opportunity to be heard. At least 15 days' notice
of the time, place and subject of said hearing shall be published
by the Village in the official newspaper. The applicant for the special
permit is responsible for providing a list of properties within 400
feet of said property to the Codes Official. The Village Codes Official
will notify each property owner within 400 feet of the subject property
in writing of said hearing at least 15 days prior to the hearing.
C.
When considering an application for a special permit
use, the Village Board of Trustees or Board of Appeals or Planning
Board shall be guided by the following general standards and conditions:
(1)
The proposed use shall be of such location, size and
character that it will be in harmony with its surroundings and with
the appropriate and orderly development of the district in which it
is proposed to be situated. The use shall not be detrimental to its
site or to adjacent properties. The density of the surrounding area,
such as lot size, distances between structures, amount of open space,
street width and parking regulations, shall be carefully considered
so as to maintain the integrity of the district.
(2)
The location and size of such use, the nature and
intensity of operations involved in or conducted in connection therewith,
its site layout, and its relation to access streets shall be such
that both pedestrian and vehicular traffic to and from the use and
the assembly of persons in connection therewith will not be hazardous.
(3)
The location and height of buildings, the location,
nature and height of walls and fences, and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the development and use of adjacent land and buildings.
(4)
The proposed use will not require such additional
public facilities or devices or create such fiscal burdens upon the
Village greater than those which characterize uses permitted by right.
(5)
As a condition of all special permit uses, the Village Codes Official (see § 300-54) has right of entry for inspection to determine compliance with the conditions of said permit. As a condition of a separate agreement between the Village of Cooperstown and Otsego County, the County Codes Official also has right of entry to determine compliance with the Residential Code of New York State. With respect to tourist accommodations uses, inspections shall be performed upon application and annually with reasonable notice. Both Codes Officials have the right to conduct unannounced inspections when investigating a signed complaint.
(6)
As a condition of all special permit use permits,
a time limitation may be imposed.
(7)
In addition to the general standards for special permit
uses as set forth above, the approving board may, as a condition of
approval of any such use, establish any other additional standards,
conditions and requirements, including a limitation on hours of operation,
as it may deem necessary or appropriate to promote the public health,
safety and welfare and to otherwise implement the intent of this chapter.
A.
Tourist accommodations. The purpose of this section
is to preserve the availability of residential housing units and maintain
the essentially residential character of the Village of Cooperstown
while at the same time allowing homeowners to benefit economically
from the seasonal need for periods of short-term transient lodging.
[Amended 4-21-2003 by L.L. No. 4-2003; 8-16-2004 by L.L. No.
2-2004; 4-26-2007 by L.L. No. 3-2007; 11-24-2014 by L.L. No.
14-2014; 2-23-2015 by L.L. No. 3-2015]
(1)
Tourist accommodations will be permitted in all zoning districts
in accordance with the following:
(a)
Tourist accommodations shall be owner-operated and owner-occupied
at all times transient guests are present.
(b)
The total occupancy of the tourist accommodation structure shall
not exceed 10 people per parcel, including the owner, the owner's
family and guests, and any transient guests.
(c)
Comply with all other requirements of the laws (Village, county
or state) governing the operation of a tourist accommodation or residential
rental property.
(d)
Preexisting and currently nonconforming short-term residential housing accommodations (i.e., not currently owner-occupied) that predate the currently existing Zoning Law shall continue to be exempt from compliance with Subsection A(1)(a) and (b) above.[1]
[1]
Editor's Note: Local Law No. 4-2015, adopted 2-23-2015, provides an amortization/sunset provision for the requirements of Subsection A(1) through (10) as adopted by L.L. No. 3-2015: "Preexisting and currently non-conforming short term residential accommodations (i.e., those not currently owner operated or occupied) that predate the existing requirements of the Zoning Law requiring owner-operation and owner-occupation at all times transient guests are present, and also limiting the number of permissible transient guests, shall continue to be exempt from compliance with owner-operation, owner-occupation requirements, and those provisions limiting the maximum occupancy of the short term tourist accommodations to 10 people (including owner, owner's family and guests) of the current law and will be permitted to continue uninterrupted until January 1, 2024, . . . ." Local Law No. 4-2015 also provided for due process to close such homes to transient guests before that date in the event of properties that prove to be nuisances or safety hazards. Local Law No. 4-2015 is on file in the Village office.
(2)
Tourist accommodations existing special permits and preexisting nonconforming
short-term residential units.
(a)
Owner-occupied and owner-operated tourist accommodations currently
operating with a valid special permit, and preexisting nonconforming
short-term residential units (i.e., those not owner-occupied), will
be registered, after receiving favorable inspection reports by the
County Codes Official and the Village Zoning Enforcement Officer.
(b)
Registered accommodations will be placed on the master registration
list of approved tourist accommodations for the Village.
(3)
Tourist accommodation permit: new applications.
(a)
Require a special use permit by the Zoning Board of Appeals.
(b)
Following issuance of a special use permit by the ZBA, the issuance
of a fire safety inspection certificate dated within the past 12 months
from Otsego County Codes Office, and a favorable site inspection by
the Zoning Enforcement Officer, the ZEO will issue a tourist accommodation
permit, which shall constitute the annual registration for the first
year of operation.
(c)
New tourist accommodation residences will be placed on the master
registration list of approved tourist accommodations for the Village.
(4)
Tourist accommodation permit: annual registration.
(a)
The application for annual registration must be made by any
and all tourist accommodations by March 31, 2015, and thereafter by
the first business day of November for every following year. All registrations
will be placed on the master tourist accommodation list for the Village.
(b)
Proof of payment of the Otsego County bed tax, a list of, or
any updates of, emergency contacts where applicable, and a fire safety
inspection certificate dated within the past 12 months for tourist
accommodation use from the Otsego County Codes Office shall be submitted
with all annual registration applications.
(c)
Annual registrations shall be issued by the ZEO only upon inspection
and verification of conditions by the ZEO that show the property is
operating in accordance with this chapter and the original application
and approval, and/or is operating in accordance with its current preexisting
nonconforming use.
(d)
In the case of a violation of this section by any tourist accommodation,
whether preexisting or not, the annual registration shall require,
prior to the issuance of an annual registration permit, a ZBA review,
public hearing, and ZBA approval.
(e)
The Zoning Board of Appeals may terminate a special use permit
for tourist accommodation during the period for which it was issued
and/or the authority to operate a tourist accommodation if it is found
that the tourist accommodation establishment has been in material
breach of the terms of the permit, or the applicable conditions of
any Village law regulating the use of properties, except for those
conditions from which preexisting nonconforming properties are exempt
(i.e., owner occupancy).
(f)
All tourist accommodation permits shall be valid for one calendar
year, January 1 to December 31, except for the calendar year 2015
when such permits shall be valid from March 31, 2015, to December
31, 2015.
(g)
A registration fee for all tourist accommodations shall be in
accordance with the Village Fee Schedule.
(5)
Long-term occupancy.
(a)
Any tourist accommodation may be used for long-term occupancy
without obtaining an additional special use permit from the Village.
(b)
Where long-term rental is provided for part of the year, and
tourist accommodation is provided for part of the year, the property
owner shall remain current with the tourist accommodation annual registration.
Failure to do so will result in the revocation of the tourist accommodation
permit.
(6)
Off-street parking shall be:
(b)
Installed to the side or rear of the front facade of the principal
structure.
(c)
Installed in a manner that minimizes visual impacts to neighboring
properties and streets with regard to light, noise, snow removal,
etc.
(d)
Maintained open and available for parking at all times the tourist
accommodation is in operation.
(7)
A parking and circulation plan shall be submitted with the original special permit application. In addition to the applicable standards in Article VII of this chapter, the following regulations shall also apply.
(a)
Driveways that are already in existence may be used for ingress
and egress, provided they are at least 10 feet in width.
(b)
Shared driveways shall not be used in the circulation plan without
written acquiescence from all involved parties at the time of the
original application. If used, a shared driveway shall be at least
10 feet in width and remain accessible to all parties for the period
of tourist accommodation use.
(9)
Tourist accommodation owners shall post, for tenant use, notification
of emergency contacts during the period of tourist accommodation use.
A copy of this contact information shall also be provided, by the
owner, to the Village ZEO and the Village Police Department.
(10)
Exception: Owners may rent their house to visitors during Hall
of Fame Induction Weekend without an application or payment of a permit
fee to the Village. The total household occupancy must be 10 individuals
or fewer. The total rental period for the weekend must be less than
60 hours.
B.
Home occupations must conform to the following conditions:
(1)
The occupation or profession shall be carried on wholly
within the principal building or within a building or other structure
accessory thereto;
(2)
Not more than one person outside the family shall
be employed in the home occupation;
(3)
There shall be no exterior display, no exterior sign (except as permitted under Chapter 227, Signs, of the Code of the Village of Cooperstown), and no exterior storage of materials.
(4)
The traffic generated by such home occupation shall
not increase the volume of the traffic, pedestrian or vehicular, so
as to create a traffic hazard or disturb the residential character
of the immediate neighborhood;
(5)
No offensive, noxious or injurious noise, vibration,
smoke, dust, odors, heat or glare shall be produced; and
(6)
No retail sales of goods, except those produced on
the premises and those which are clearly incidental to the providing
of service involved in the home occupation, and no other exterior
indication of the home occupation or variation from the residential
character of the principal building are permitted. Part-time activities
may be carried out in the home in a residential district without obtaining
a special permit as a home occupation under this chapter, so long
as the activity is carried out exclusively by a permanent inhabitant
of the residence, the activity brings no clients or customers to the
residence, and no sign of any sort relating to the activity is displayed
on or at the residence. Such activities must, nevertheless, observe
all limitations imposed on home occupations.
C.
Garage and filling stations shall be permitted in
Commercial Districts, provided that:
(1)
No repair work is performed out-of-doors;
(2)
Pumps, lubricating or other devices are located at
least 20 feet from any street line or highway right-of-way;
(3)
All fuel, oil or similar substances are stored within
the safety standards as established by the Village Engineer and all
of such substances stored above ground are at least 35 feet distant
from any street or lot line;
(4)
All automobile parts, dismantled vehicles and similar
articles are stored within a building; and
(5)
Other conditions and safeguards as deemed necessary
by the Board of Trustees shall be carried out.
D.
Off-street parking space shall be provided according to the standards for minimum space requirements established in Article VII of this chapter.
[Amended 4-27-2015 by L.L. No. 9-2015]
E.
Public utility structures and service uses shall be
permitted only when found to be necessary for the public health, convenience
and welfare of the people of Cooperstown.
F.
Accessory apartment units. One accessory apartment
unit per single-family dwelling may be permitted in an R-1, R-2 or
R-3 District, subject to special permit approval of the Board of Appeals,
and subject to the following supplementary requirements:
(1)
An accessory apartment may be located in the principal
dwelling, provided the principal dwelling contains a minimum of 1,500
square feet of habitable space and conforms with all other requirements
of this chapter unless a variance shall have been granted by the Board
of Appeals, or in a garage or accessory structure of the principal
dwelling;
(2)
The owner of the one-family dwelling in which the
additional dwelling unit is to be located shall occupy at least one
of the two dwelling units within the dwelling. When an accessory apartment
is located in a garage or accessory structure, then the owner of the
property must occupy at least one of the two dwelling units;
(3)
There shall be no more than one accessory apartment
unit per dwelling or lot;
(4)
The minimum floor area for an accessory apartment
unit shall be 300 square feet, and the maximum area of the accessory
apartment unit shall be 25% of the habitable area of the principal
dwelling or 750 square feet, whichever is less, unless in the opinion
of the Board of Appeals a greater or lesser amount of floor area is
warranted by the specific circumstances of the particular dwelling;
(5)
For accessory apartments in the R-2 and R-3 Districts,
a minimum lot size of 7,000 square feet shall be required;
(6)
For an existing structure, the entry to the original
structure dwelling and its design shall be such that, to the degree
reasonably feasible, the appearance of the dwelling will remain as
a single-family dwelling;
(7)
No dwelling unit shall be located in a cellar or on
the ground floor of a garage attached to or incorporated in the main
dwelling, or on the ground floor of a detached garage, which space
is intended for vehicular parking;
(8)
In addition to the parking requirements for a single-family
dwelling, two off-street parking spaces shall be provided for each
additional dwelling unit; and
(9)
All dwelling units and the structures in which they
are situated shall be equipped with smoke detectors as required by
the New York State Fire Code.
G.
Satellite antennas shall require a special permit
and may require screening.
[Amended 2-21-2006 by L.L. No. 1-2006; 11-24-2014 by L.L. No.
16-2014]
(1)
Exception:
Satellite antennas 40 inches or less in diameter or diagonal measurement
are exempt from these requirements.
(2)
Exempt
satellite antennas shall be installed in such a manner as to minimize
visual impact and may not be located on the front of buildings or
between the facade and street.
H.
Commercial paid parking lots are permitted by special use in the
Business (B) and Commercial (C) Districts when the following conditions,
limitations and regulations are met:
[Added 7-20-2009 by L.L. No. 4-2009]
(1)
The parking plan for said commercial paid parking lot is approved
by the Village of Cooperstown Planning Board, and said approved plan
provides a minimum of five paid parking spaces in addition to any
parking spaces required for other uses on the property. Parking spaces
of less than the defined minimum size, or with limited maneuvering
space, may be allowed with the approval of the Village of Cooperstown
Planning Board and without the need for a variance from the Village
of Cooperstown Zoning Board of Appeals. A scaled parking and circulation
plan, and an attendant plan, if necessary, must accompany the application.
[Amended 2-28-2011 by L.L. No. 4-2011]
(2)
Commercial paid parking lots are not located adjacent to or across
the street from an area zoned residential. This requirement may, however,
be waived by the Village of Cooperstown Planning Board in the Business
(B) District only, if an adequate buffer or screening is first approved
by the Planning Board.
[Amended 2-28-2011 by L.L. No. 4-2011]
(6)
No exterior alteration or demolition of all or any part of an existing
structure is permitted to facilitate the creation of parking spaces,
unless the applicant has first obtained a certificate of appropriateness
for the alteration or demolition from the Cooperstown Historic Preservation
and Architectural Review Board.
(7)
No vehicle while in commercial paid parking shall be used for camping,
dwelling, sleeping or retail or other business purposes, nor shall
any vehicle in commercial paid parking be used to store personal property
for more than 36 continuous hours if said personal property is visible
from any public street or right-of-way. Recreational vehicles may
not be parked in commercial paid parking areas between the hours of
2:00 a.m. and 6:00 a.m.
[Amended 2-28-2011 by L.L. No. 4-2011]
(8)
Exception
to conditions, limitations and regulations relative to commercial
paid parking. Within the Business and Commercial Districts, trailers,
construction equipment or combination vehicles used at a job site,
or relative to a special event in the Business and/or Commercial District,
may, during the period they are being used, occupy space in commercial
paid parking lots.
[Added 2-28-2011 by L.L. No. 4-2011]
(9)
Notwithstanding
any other provision of this chapter, no boat, trailer or vehicle other
than a motor vehicle as defined herein (see definition of "commercial
paid parking") may remain in a commercial paid parking lot for more
than seven days in any thirty-day period.
[Added 2-28-2011 by L.L. No. 4-2011]
