Village of Cobleskill, NY
Schoharie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Cobleskill 2-20-2007 by L.L. No. 3-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Adult use and entertainment establishments — See Ch. 45.
Building codes administration — See Ch. 58, Art. I.
Unsafe buildings — See Ch. 62.
Flood damage prevention — See Ch. 83.
Historic districts and landmarks — See Ch. 90.
Parks and recreation areas — See Ch. 104.
Subdivision of land — See Ch. 135.
Trees — See Ch. 141.
[1]
Editor's Note: This local law also repealed former Ch. 160, Zoning, adopted 1-29-1987 by L.L. No. 1-1987, as amended.
This chapter shall be known and may be cited as the "Zoning Law of the Village of Cobleskill, New York."
In order to achieve the purposes hereinafter set forth, this chapter divides the Village into zoning districts and, within these districts, regulates the use of land and the location, siting, design, alteration, maintenance and occupancy of structures in the Village of Cobleskill.
This chapter is enacted pursuant to Municipal Home Rule Law § 10, Statute of Local Governments § 10, and the Village Law of the State of New York, Chapter 64 of the Consolidated Laws, Article 7, and in accordance with the Village's Comprehensive Plan, to promote public health and safety and the general welfare and specifically includes the following additional purposes:
A. 
To allow for reasonable growth and development within the physical limitations of the land to assure adequate sites for housing, commercial activity, industry and public uses.
B. 
To facilitate the efficient and adequate provision of public facilities and services.
C. 
To promote pedestrian safety, efficient traffic circulation and adequate parking to support business activities in the Village.
D. 
To promote the design and use of land and buildings to maintain the integrity of existing neighborhoods and a sense of community.
E. 
To promote the retention and creation of local employment opportunities.
F. 
To strengthen the position of Cobleskill as a regional economic center.
G. 
To encourage flexibility in the design and development of land.
H. 
To promote the most appropriate use of land.
I. 
To facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of the land.
J. 
To promote the protection, enhancement and use of land and buildings having special character or special historic or aesthetic interest or value.
K. 
To enhance the appearance of the Village of Cobleskill as a whole.
L. 
To encourage patterns of development which minimize the demand for energy.
[Amended 4-15-2008 by L.L. No. 3-2008; 1-19-2010 by L.L. No. 1-2010]
In order to fulfill the purposes of this chapter, the Village of Cobleskill is divided into the following districts:
RR
Residential - Rural
R-1
Residential - 1
R-2
Residential - 2
R-3
Residential - 3
RMF
Residential - Multifamily
RPUDD-1
Residential Planned Use Development
CB
Central Business
GB
General Business
VG
Village Gateway
MU 1
Mixed Use 1
MU 2
Mixed Use 2
MU 3
Mixed Use 3
LC
Land Conservation
FG
Fairgrounds
RC
Residential Cluster
C-I
Commercial-Industrial
P
Parks
The following statements of purpose define the spirit and intent of each land use district and are used as guides to interpret and apply these regulations:
A. 
Residential districts. The purposes of the residential districts are to maintain and protect residential and neighborhood qualities while recognizing the importance of meeting the changing housing needs of Village residents; to provide for and encourage a mixture of housing types and opportunities; to provide for and encourage open spaces; to encourage the planting of shade trees and gardens; and to encourage and foster safe pedestrian and traffic circulation by establishing options for the provision of off-street parking.
B. 
Central Business (CB). The purposes of the Central Business District are to promote the traditional role of downtown as a focus for residential, commercial, governmental and social activity by providing for a mixture of land uses; to promote pedestrian use of downtown and enhance the use of the downtown area as the center of community activity; to promote the physical and economic revitalization of downtown; to promote retail sales and attract visitors; and to encourage energy conservation by placing residences close to goods and services. The Central Business District encourages and provides for a vertical mix of uses within structures.
C. 
General Business (GB). The purposes of the General Business District are to provide opportunities for commercial growth in the business district, to encourage the preservation of existing structures, and to provide a desirable visual character for the General Business District. The General Business District functions as a transition district between the more intensive Village Gateway and Central Business Districts and residential districts, so that future developments maintain and enhance the traditional village streetscape, planning and development promote the goal of mixed business and residential uses in the business district, developments enhance the pedestrian atmosphere and streetscape of the neighborhood and traffic impacts of new developments are minimized to the maximum extent practicable.
D. 
Village Gateway (VG). The purposes of the Village Gateway District are to provide areas for intensive retail development which require greater land areas than could be provided in other districts and to provide a variety of retail uses to meet the needs of the community in a manner which enhances Village character and the pedestrian and vehicular network.
E. 
Mixed Use (MU 1, MU 2 and MU 3). The purpose of the Mixed Use Districts is to provide for commercial and mixed development locations within the Village while protecting the primarily residential character of the neighborhoods. The Mixed Use District 2, located along MacArthur Avenue, has the same purpose as all other areas designated as Mixed Use District 1, except that this area has different dimensional standards. The Mixed Use District 3, located on the north side of West Main Street, has the same purpose as all other areas designated as Mixed Use District 2, except for different dimensional standards and slight differences in permitted uses.
[Amended 1-20-2009 by L.L. No. 1-2009]
F. 
Land Conservation (LC). The purposes of the Land Conservation District are to preserve and protect sensitive natural areas from inappropriate development which would pose a health and safety hazard; to encourage use of these areas as scenic and recreational resources; and to restrict development within the floodway area of the Village.
G. 
Fairgrounds (FG). The purpose of the Fairgrounds District is to provide the maximum level of flexibility of use and activities within the district independent of regulatory requirements applicable to the rest of the Village.
H. 
Residential cluster (RC). Housing units shall be clustered to allow for the preservation of open space, the protection of ecological habitats and the preservation of agricultural land while meeting the community needs for residential development.
I. 
Commercial-Industrial (C-I). The purposes of the Commercial-Industrial District are to protect the integrity of residential areas and to promote flexibility within the newly created zoning district to allow office use and to provide for the special need of industrial uses for relatively flat land.
J. 
Parks (P). The purpose of the Parks District is to provide for scenic and recreational resources operated by the municipality.
K. 
Residential Planned Use Development District-1 (RPUDD-1). The purpose of the Residential Planned Use Development District-1 is to encourage the development of integrated residential neighborhoods consistent with other residential areas within the Village of Cobleskill while allowing a reasonable level of flexibility in neighborhood design and in the mix of housing stock included in any proposed development. The RPUDD-1 is intended for areas of 10 acres or more that are appropriate for development as a single integrated residential development.
[Added 4-15-2008 by L.L. No. 3-2008]
The boundaries of districts established by §§ 160-2 and 160-3 are shown on the maps entitled "Zoning Map, Village of Cobleskill, Schoharie County, New York," "Historic Overlay District, Village of Cobleskill Zoning Law," "Combined Residential Business Overlay District, Village of Cobleskill Zoning Law" and "Flood Hazard Overlay District, Village of Cobleskill Zoning Law," as adopted by the Village Board. The Zoning Map, Historic Overlay District Map, Combined Residential Business Overlay District Map, and Flood Hazard Overlay District Map, including all explanatory matter and amendments, are adopted as an integral part of this chapter. Regardless of the existence of other printed copies of these maps, which from time to time may be made or published, the official maps, which shall be located in the Village offices, shall be the final authority as to the current zoning status of the land and water areas, buildings and other structures in the Village. The maps shall be available in the Village offices for the use and benefit of the public.
In applying the provisions of this chapter, the following guidelines shall be used to determine the location of district boundaries:
A. 
Where district boundaries are indicated as approximately following the center lines of streets, highways, public utility easements, waterways or railroad rights-of-way or such lines extended, such center lines shall be construed to be district boundaries.
B. 
Where district boundaries are indicated as approximately following the lot line, such lot lines shall be construed to be the district boundary line. In all cases where a district boundary line is located no farther than 15 feet from a lot line, the district boundary shall be construed to coincide with the lot line.
C. 
In all cases where a district boundary line divides a lot in one ownership and more than 50% of the area of the lot lies in the less restrictive district, the regulations prescribed by this chapter for the less restrictive district shall apply to such portion of the more restricted portion of the lot which lies within 30 feet of the district boundary. The regulations for the more restrictive district shall apply to the portion beyond the thirty-foot area. For purposes of this section, the Residential - Rural (RR) District is more restrictive than the Residential - 1 (R-1) District, the Residential - 1 (R-1) District is more restrictive than the Residential - 2 (R-2) District, etc., and residential districts are more restrictive than business or industrial districts.
D. 
In all other cases where dimensions are not shown on the map, the Zoning Board of Appeals, under the provisions of § 160-16, Zoning Board of Appeals, shall determine the location of boundaries.
A. 
With respect to slopes, soils, existing mature trees, wetlands, flood-prone areas and other natural constraints, a site plan showing each lot, yard and structure shall be designed with minimum site disturbances and capable of accommodating those permitted and customary accessory uses meeting the area and bulk regulations required for the district according to § 160-5, Area and Bulk Regulations, in this chapter.
B. 
Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with local laws of the Village of Cobleskill in force prior to the effective date of this chapter, if:
(1) 
A building permit was issued before the date of the first publication of notice of the public hearing on this chapter; and
(2) 
The owner and/or applicant can demonstrate that substantial improvements have been made and/or substantial expense has been incurred prior to the effective date of this chapter.
A. 
The purpose of the Combined Residential Business Overlay District is to allow a mix of uses for new buildings or conversion of existing buildings for a mix of office/service/small retail and residential uses either within a structure or in adjacent and neighboring structures. Mixed uses will be allowed, provided that impacts to surrounding residences and the residential neighborhood are minimal.
B. 
Criteria for new uses or conversions to mixed uses:
(1) 
Where the base district is residential, mixed use structures shall be similar in scale and resemble single-family residential units. When an existing residential building is converted to commercial use, the exterior residential facade shall be maintained.
(2) 
Off-street parking shall be in the rear of the building. If the only feasible alternative to rear yard parking is to place it at the side of the building, the parking lot shall be totally screened from the street. In no case shall parking be permitted in the front yard. All other requirements in this chapter for parking shall be followed.
(3) 
Sidewalks shall be required and shall extend the full length of the frontage of the property.
C. 
Exterior lighting, except for safety lighting for steps, entryways and walkways, shall be turned off from 10:00 p.m., or at close of business, whichever is earlier, to 6:00 a.m. Only fully shielded light fixtures shall be used. Illumination from light fixtures shall not exceed 0.1 footcandle on adjacent properties. No luminaire shall exceed a maximum of 12 feet in height.
D. 
Traffic impacts shall be minimized.
The Planning Board shall not grant final site plan approval on property within the Historic District prior to final approval by the Village Historic District Review Commission, in accordance with Chapter 90 of this Code.
The Planning Board shall not grant final site plan approval on property within the Flood Hazard Overlay District prior to final approval by the Village Floodplain Administrator, in accordance with Chapter 83 of this Code.
A. 
After the effective date of this chapter, no land or structure shall be used, occupied, erected, moved or altered unless in conformance with the regulations and use guidelines specified below.
B. 
The following general performance standards shall apply to all uses:
(1) 
No offensive or objectionable vibration, noise or glare shall be noticeable at or beyond the property line.
(2) 
No activity shall create a physical hazard by reason of fire, explosion, radiation or other such cause to persons or property in the same or in an adjacent district.
(3) 
No material of any nature which may contaminate any water supply shall be discharged into any stream or body of water or any public or private disposal system or into or onto the ground surface.
(4) 
No materials may be stored either indoors or outdoors in such a manner to facilitate the breeding of vermin or to endanger health.
(5) 
No emissions of smoke, fly ash, dust or other airborne material which can cause damage to the health of persons, animals, or plant life or to other forms of property are permitted. This provision is not intended to regulate or prohibit the customary use of residential fireplaces, woodburning stoves, coal-burning stoves or smokehouses.
(6) 
Ventilation equipment. All heating/ventilation/air-conditioning (HVAC) equipment and restaurant ventilation equipment for ovens, grills and dishwashers shall be located and directed in a manner that will not impact upon adjacent properties or the general public. Restaurant ventilation equipment shall be cleaned at regular intervals to eliminate odors and fire hazards.
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
The following uses are prohibited in all districts within the Village of Cobleskill:
A. 
Junkyards or landfills.
B. 
Rendering plants for animal products.
C. 
The manufacture or storage of explosives or fireworks.
D. 
Drive-in theaters.
E. 
Crematoria.
F. 
Construction and operation of outdoor woodburning furnaces.
[Added 3-20-2007 by L.L. No. 6-2007]
A. 
Uses shall be allowed only as described in the Schedule of Use Regulations.[1]
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
B. 
If not expressly "permitted," the use shall be allowed only:
(1) 
Upon compliance, as judged by the CEO, with additional standards; or
(2) 
Upon the issuance of a special use permit (§ 160-6).
(3) 
Upon the approval of the Planning Board, based upon review of a site plan (§ 160-7).
C. 
Accessory uses. Uses customarily incidental to principal uses shown on the Schedule of Use Regulations shall be allowed on the same terms as the principal use, except as indicated in the Schedule of Use Regulations.
D. 
Change in use.
(1) 
A new site plan review and/or new special use permit is required under any of the following circumstances:
(a) 
A change of use from one use category to another use category as described in the Schedule of Use Regulations.
(b) 
A change in the existing use beyond the scope of its original permitted or approved use.
(c) 
An existing use requires a new (not a renewal) permit from any governmental agency.
(d) 
A change in the existing use that requires a building permit for construction or enlargement of a structure exceeding 25% of the use's original square footage.
(e) 
Rebuilding or replacement of more than 25% of the original square footage, on the same footprint of any structure, for an existing use which requires site plan review or a special use permit, in order to bring the new structure into conformance with this chapter.
(f) 
The clearing, excavation or grading of more than 800 square feet of land.
(g) 
The addition of four or more parking spaces.
(2) 
A change solely of ownership or tenancy shall not be considered a change of use.
E. 
A special use permit shall apply only to the use for which it was granted.
For structures in all commercial areas, the second or higher floors, if present, may contain either apartment dwellings or commercial office uses.
A. 
Any use not listed in the Schedule of Use Regulations is prohibited.
B. 
Uses permitted by use variance (§ 160-16).
(1) 
Any use that has been allowed in any district only by use variance shall be subject to the review and standards that are established for any district in which that use is allowed.
(2) 
If a use is prohibited in all districts and allowed only by the granting of a use variance, then it shall be required that a special use permit be obtained and that a site plan review be conducted.
A. 
After the effective date of this chapter, no use shall be commenced nor shall any building or structure or part thereof be erected, structurally altered, enlarged, rebuilt or moved except in conformance with the provisions of the Schedule of Area and Bulk Regulations (§ 160-5.2) for the district in which such use, building or structure is located.
B. 
The area required for compliance with the minimum open space requirements for a principal use or structure, including yards and setback areas, shall not be counted as providing required open space for any other use or structure.
C. 
A new lot or lots may be created through subdivision or combination of an existing lot or lots, provided that all resulting lots comply with the area and bulk regulations established in this chapter and also comply with the Village Subdivision Law.
D. 
The following shall be exempt from the height requirements of this chapter, provided that they do not constitute a public safety hazard:
(1) 
Steeples.
(2) 
Belfries.
(3) 
Radio or television antennas (other than dish antennas) customary to residential uses.
(4) 
Cupolas, towers or similar architectural features.
(5) 
Fire towers.
(6) 
Chimneys.
(7) 
Elevator bulkheads.
(8) 
Flagpoles.
(9) 
Smokestacks.
(10) 
Official police and fire radio antennas.
E. 
Corner lots. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be the rear yard and the other(s), the side yard(s).
F. 
Through lots. On a through lot, front yards are required at all street lines.
[Amended 3-20-2007 by L.L. No. 5-2007]
A. 
Tables of bulk standards.
[Amended 4-15-2008 by L.L. No. 3-2008]
(1) 
Residential uses.
(a) 
RR, RC, R-1, R-2, R-3, RMF, CBD, GB, MU 1, MU 2 and MU 3 Districts.
[Amended 1-19-2010 by L.L. No. 1-2010]
District
Use
Lot Area per Dwelling Unit
(square feet)(1)
Lot Width
(feet)(1)
Front Yard Measured From Curbline
(minimum/ maximum feet)(2)(3)
Side Yard
(feet)
(4)
Rear Yard
(feet)
Maximum Building Height
(minimum/ maximum feet)(5)
RR
Single-family
1 acre
150
50
30
35
30
Manufac- tured housing park
See special use permit
RC
See Subsection B, following these tables
75
24/55
10/30
25
10/30
R-1
Single-family
12,000
90
30/55
10/30
25
10/30
R-2
Single-family
7,500
75
30/55
8/24
25
10/36
Two-family
5,000
90
30/55
8/24
25
10/36
R-3
Single-family
7,500
75
30/55
8/24
25
10/36
Two-family
5,000
90
30/55
8/24
25
10/36
Three- or four-family
3,500
100
30/55
8/24
20
10/36
Rooming/ boarding
3,000
90
30/55
8/24
25
10/36
RMF
Single-family
6,000
60
25/50
8/24
20
10/36
Two-family
4,250
80
25/50
8/24
20
10/36
Multiple- family
3,500
100
25/50
8/24
20
10/36
Rooming/ boarding
3,000
90
25/50
8/24
25
10/36
CBD
Multiple- family
24/50
Rooming/ boarding
24/50
GB
Single-family
7,500
75
24/36
8
8
12/36
Two-family
5,000
80
24/36
8
8
12/36
Rooming/ boarding
2,250
MU 1
Dwelling unit
1/2 acre
70
24/36
10
25
10/24
MU 2
Dwelling unit
1/4 acre
50
15/25
8
25
10/24
MU 3
Any
3,000
90
30/55
8/24
25
10/36
NOTES:
(1)
Construction may be permitted on a lot narrower than called for herein and existing prior to the adoption of this chapter, provided that such lot is not adjoined at the side by other unoccupied land in the same ownership; the lot has a minimum area of 6,000 square feet; and the lot has a width at the building line of not less than 60 feet.
(2)
Where the average setback of the nearest main buildings within 100 feet of each side of the subject building and fronting the same side of the street is less than the minimum specified, the setback shall match the setback of the existing buildings. Such average setback shall be the required minimum setback. Where buildings do not exist within 100 feet of any proposed structure, the minimum specified herein shall apply.
(3)
Porticos, porches, balconies, stoops, open porches, bay windows, raised dooryards or patios may extend into the front yard no more than six feet. There must be a five-foot distance between the curb and the sidewalk, a five-foot-width sidewalk, and the remaining space between the sidewalk and the building structure shall be reserved for landscaping and street furniture. An accessory use located on the same lot shall comply with the standards as specified above, except that detached accessory buildings may be permitted to be placed in excess of the thirty-six-foot maximum front yard setback in order to move the accessory structure to the rear of the lot.
(4)
There shall be two side yards with a minimum width/maximum width as specified.
(5)
Maximum height of building is measured to the highest point of the facade facing the street.
(b) 
RPUDD-1 District.
[Amended 9-20-2011 by L.L. No. 8-2011]
District
Uses
Density(1)
Minimum Lot Size
(square feet)
Minimum Frontage
(feet)
Front Yard Minimum Setback
(feet)
Side Yard Minimum Combined Setback
(feet)
Rear Yard Setback
(feet)
Minimum/ Maximum Height
(feet)
RPUDD-1
Condominium
None - setbacks shall govern
None - no lots; common owned property
25 minimum/50 maximum(2)
24 at end of each building
25
15/36
Multifamily dwelling
None - setbacks shall govern
None - no lots; common owned property
30
24
25
15/503
Single-family dwelling
7,500
75
30
8/24
25
15/36
Townhome
None - sebacks shall govern
24
25/50
24 at end of each building
25
15/36
NOTES:
1The overall average density of the project shall be two dwelling units per acre.
2Planning Board may adjust setback when field conditions dictate variability while maintaining a visual building line.
3No more than three eleven-foot floors of habitable space to the eave line, plus 17 feet for the roof; total maximum height 50 feet measured from the highest point of grade immediately adjacent to the building.
(2) 
Nonresidential and commercial structures.
[Amended 1-19-2010 by L.L. No. 1-2010]
District
Lot Area
(square feet)(1)
Lot Width
(feet)(1)
Front Yard Measured From Curbline
(minimum/ maximum feet)(2)(3)
Side Yard
(feet)(4)
Rear Yard
(feet)
Maximum Building Height
(minimum/ maximum feet)(5)
Maximum Building Frontage/ Maximum Between Facade Breaks
(feet)
RR
1 acre
200
100
100
100
30
R-1
1 acre
150
30/55
50
50
30
80/40
R-2
1 acre
150
30/55
50
50
30
80/40
R-3
1 acre
150
30/55
50
50
30
80/40
RMF
1 acre
150
30/55
50
50
30
80/40
CBD
50
24/50
GB
7,500
75
24/36
8
8
24/36
80/40
VGD
50,000
200
80
30
50
30
80/40
MU 1
1 acre
100
24/36
30
30
30
80/40
MU 2
1/2 acre
50
15/25
15
30
24
50/50
MU 3
1/2 acre
50
15/25
15
30
24
80/20
C-I
50/75
50
15
75
LC
150
75
50
50
35
Agricultural uses in all districts
100,000
Accessory agricultural uses in all districts
NA
NA
50/75
10/30
25
30
All nonresidential uses in all nonresidential districts: lot coverage shall not exceed 70%.
All nonresidential uses in all residential districts: lot coverage shall not exceed 50%.
NOTES:
(1)
Construction may be permitted on a lot narrower than called for herein and existing prior to the adoption of this chapter, provided that such lot is not adjoined at the side by other unoccupied land in the same ownership; the lot has a minimum area of 6,000 square feet; and the lot has a width at the building line of not less than 60 feet.
(2)
Where the average setback of the nearest main buildings within 100 feet of each side of the subject building and fronting the same side of the street is less than the minimum specified, the setback shall match the setback of the existing buildings. Such average setback shall be the required minimum setback. Where buildings do not exist within 100 feet of any proposed structure, the minimum specified herein shall apply.
(3)
Porticos, porches, balconies, stoops, open porches, bay windows, raised dooryards or patios may extend into the front yard no more than six feet. There must be a five-foot distance between the curb and the sidewalk, a five-foot-width sidewalk, and the remaining space between the sidewalk and the building structure shall be reserved for landscaping and street furniture. An accessory use located on the same lot shall comply with the standards as specified above, except that detached accessory buildings may be permitted to be placed in excess of the thirty-six-foot maximum front yard setback in order to move the accessory structure to the rear of the lot.
(4)
There shall be two side yards with a minimum width/maximum width as specified.
(5)
Maximum height of building is measured to the highest point of the facade facing the street.
B. 
Density standards in the Residential Cluster District.
(1) 
The density standard for all uses in the Residential Cluster District shall be two acres per principal dwelling unit, but no individual lot that does not exist prior to enactment of this chapter shall be larger than 0.5 acre.
(2) 
The density standard is the minimum developable land area required per principal dwelling unit within the Residential Cluster District.
(3) 
A new lot or lots may be created through subdivision or combination of an existing lot or lots, provided that all resulting new lots comply with the density standard. The preexisting lot from which new lots are subdivided may exceed the maximum lot size defined herein.
(4) 
For the purpose of calculating the density, the following shall be excluded from the area of the land under consideration:
(a) 
Wetlands, as defined by the standards of the U.S. Army Corps of Engineers, regardless of size.
(b) 
Land within 150 feet of a protected stream as defined by NYSDEC.
(c) 
Land within any floodway, floodplain or flood hazard area, as defined by the federal Flood Insurance Program.
(5) 
The density standard shall be satisfied as follows:
(a) 
The commitment of land to an irrevocable conservation easement or land conservation trust, dedication to and acceptance by the state, county, town or Village as publicly owned or park land, or other legally enforceable mechanism that guarantees permanent and irrevocable removal of sufficient land area otherwise suitable for development purposes from any and all future development, such that the average area per principal dwelling unit is equal to or greater than the density standard.
(b) 
Such irrevocable removal of land from development shall be subject to the approval of the Planning Board in consultation with the Village Attorney as to form and substance of the legal mechanism, conditions on use of such land, and area and location of such land.
(c) 
If the conservation easement, trust, dedication or other legal mechanism subject to Planning Board review and approval involves a subdivision subject to the Village Subdivision Law, said review and approval shall be conducted simultaneously with subdivision review and approval.
(d) 
If the conservation easement, trust, dedication or other legal mechanism subject to Planning Board review and approval involves a use subject to Site Plan Review, said review and approval shall be conducted simultaneously with Site Plan Review.
(e) 
If the conservation easement, trust, dedication or other legal mechanism subject to Planning Board review and approval involves a use subject to neither the Village Subdivision Law nor site plan review, the property owner shall apply directly to the Planning Board for independent review, and approval shall be a condition for issuance of the zoning permit pursuant to this chapter.
(6) 
Land irrevocably removed from any and all future development for purposes of satisfying the density standard may be used for any of the following purposes:
(a) 
Agriculture, farming, pasture, woodlands, or related uses not including new dwelling units or structures.
(b) 
Active or passive outdoor recreation not including new dwelling units or structures.
(c) 
Individual or combined septic systems, leach fields or other subsurface sanitary disposal systems.
(d) 
Unused or vacant land, either maintained or nonmaintained.
(7) 
The area required for complying with setback requirements or the density standard for any principal dwelling unit, as defined herein, shall not be counted as providing required open space, land area, or setback for any other use or structure.
The policy of the Village is to allow for a variety of uses of land to occur in the same neighborhood or zoning district so long as such uses do not adversely affect each other or neighboring properties, the natural environment or the rural, small-scale character of the Village. Accordingly, pursuant to Village Law § 7-725-b, the Board of Trustees hereby authorizes the Planning Board to grant special use permits. The special use permit process helps to ensure that the particular use fits into the neighborhood and is in harmony with the goals of this chapter and the Comprehensive Plan. In all instances where a special use permit is required, a site plan shall also be required to ensure that components of the site and site layout, such as buildings, parking lots and landscaping, conform to requirements of this chapter. The Planning Board shall ensure a coordinated review of the site plan and special use permit review of the application.
A. 
Application.
(1) 
An applicant for a special use permit shall submit:
(a) 
An application form, available from the Code Enforcement Officer.
(b) 
A site plan as described in § 160-7 of the Zoning Law of the Village of Cobleskill.
(c) 
A narrative report describing how the proposed use will fit into the character of the surrounding area.
(d) 
An environmental assessment form (EAF) or draft environmental impact statement (DEIS).
(e) 
The application fee, as established by the Village Board of Trustees.
(f) 
A completed affidavit of mailing Notice stating that notice has been mailed to owners of all properties within 200 feet of the proposed use.
(2) 
Special use permits and site plan review. The Planning Board shall, to the extent practicable, procedurally combine the review processes and prevent a duplication of application requirements. The Planning Board shall prepare a combined site plan review/special use permit application for this purpose.
B. 
Procedure.
(1) 
Application.
(a) 
Applications for a special use permit shall be submitted to the Secretary of the Planning Board, on forms prescribed by the Village, at least seven business days prior to the next regularly scheduled meeting of the Planning Board. If an application is for a parcel or parcels on which more than one use requiring a special use permit is proposed, the applicant is encouraged to submit a single application for all such uses. For purposes of State Environmental Quality Review Act (SEQRA) compliance, all proposed uses on a single parcel or on contiguous parcels shall be considered together. The Planning Board shall accept one set of sketch plans for a coordinated site plan review and special use permit.
(b) 
Applicants for special use permits are encouraged to meet informally with the Planning Board prior to formal application.
(2) 
Determination of complete application. The Planning Board shall determine whether an application for a special use permit is complete in accordance with the provisions of § 160-6.2B(3) below. If the Planning Board determines that an application for a special use permit is incomplete, it shall notify the applicant of the same, in writing, with a list of items that the Planning Board deems necessary for a complete application.
(3) 
SEQRA compliance.
(a) 
Upon receipt of completed application materials, the Planning Board shall initiate the New York State Environmental Quality Review (SEQR) process by either circulating the application and environmental assessment form to all involved agencies (if coordinated review is undertaken) or by issuing its determination of significance within 20 days.
(b) 
Before determining whether an application for a special use permit is complete, the Planning Board shall decide whether [under the State Environmental Quality Review Act (SEQRA), Environmental Conservation Law Article 8 and Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York, or 6 NYCRR Part 617] the application requires the preparation of an environmental impact statement (EIS). No application for a special use permit shall be deemed complete until 1) a "negative declaration" (the Board's determination that the project does not have any potentially significant adverse environmental impacts) has been issued or 2) a draft EIS has been accepted by the Planning Board or the lead agency as satisfactory with respect to scope, content and adequacy. In making a determination of "significance," the Planning Board shall follow the procedures described in 6 NYCRR 617.6 and 617.7. With respect to the preparation of the environmental assessment form (EAF), the applicant shall submit the EAF with Part I completed; the Planning Board shall complete Part II and Part III, if required, prior to making a determination of significance. Where the Planning Board has prepared or caused to be prepared a draft EIS and the draft EIS has been accepted as satisfactory with respect to scope, content and adequacy, the time frames for review of the application and decisionmaking shall be governed by 6 NYCRR 617.9 and 617.11 (or any successor regulations) in place of the time frames specified in this § 160-6.
(4) 
Referral to County Planning and Development Agency.
(a) 
Pursuant to the General Municipal Law § 239-m, the Planning Board shall refer to the Schoharie County Planning and Development Agency, at least 10 days before a hearing is scheduled, any application for a special use permit affecting real property within 500 feet of the boundary of the Village of Cobleskill, the boundary of any existing or proposed county or state park or other recreational area, the boundary of any existing or proposed county or state roadway, the boundary of any existing or proposed right-of-way for a stream or drainage channel owned by the county for which the county has established channel lines, or the boundary of any existing or proposed county- or state-owned land on which a public building or institution is situated.
(b) 
No action shall be taken on applications referred to the County Planning and Development Agency until its recommendation has been received or 30 days have elapsed after its receipt of the complete application, unless the county and the Village agree to an extension beyond the thirty-day requirement for the County Planning and Development Agency's review.
(c) 
If the County Planning and Development Agency recommends modification or disapproval of a proposed action, the Planning Board shall not act contrary to such recommendation except by a vote of a majority plus one vote of all members thereof. Within 30 days after final action on a special use permit application, the Planning Board shall also file a report or its action with the County Planning and Development Agency. If the Planning Board acts contrary to a recommendation or modification or disapproval of a special use permit application, it shall set forth the reasons for the contrary action in the report.
(5) 
Notice and public hearings.
(a) 
The Planning Board shall hold a public hearing within 62 days from the date it determines that the application is complete unless it has issued a positive declaration under the State Environmental Quality Review Act. The hearing on an application that has been the subject of a positive declaration under the State Environmental Quality Review Act shall commence no less than 15 days and no more than 60 days after the filing of the notice of completion of the draft environmental impact statement.
(b) 
Pursuant to Village Law § 7-725-b, Subdivision 7, the Planning Board shall mail notice of the hearing to the applicant and the County Planning and Development Agency at least 10 calendar days before the hearing and shall give public notice of the hearing in a newspaper of general circulation at least 10 days prior to the date of such public hearing. Where the Planning Board has prepared or caused to be prepared a draft EIS, the notice of public hearing shall be published at least 14 calendar days in advance of the public hearing.
(c) 
Pursuant to General Municipal Law § 239-nn, notice of the public hearing shall be given by mail or electronic means to the Clerk of the adjacent municipality at least 10 days prior to the commencement of the hearing.
(6) 
Action on applications.
(a) 
The Planning Board shall grant or deny, or grant subject to conditions, the application for a special use permit within 62 days following the close of the public hearing unless the application has been the subject of a final environmental impact statement. If the application has been the subject of a final environmental impact statement, then the Planning Board shall render its decision within 30 calendar days after the filing of the final environmental impact statement. The decision shall contain written findings explaining the rationale for the decision as described below. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.
(b) 
After reviewing an application for a special use permit, the Planning Board shall make specific written findings that the proposed project will:
[1] 
Comply with the standards for specific uses (§ 160-6) and will be consistent with the purposes of the zoning district in which it is located and the general purposes of this chapter.
[2] 
Not result in excessive off-premises noise, dust, odors, solid waste or glare or create any public or private nuisances.
[3] 
Not cause significant traffic congestion, impair pedestrian safety or overload existing roads, considering their current width, surfacing and condition.
[4] 
Be accessible to fire, police and other emergency vehicles.
[5] 
Not overload public water, drainage or sewer systems or any other municipal facilities.
[6] 
Be suitable for the property on which it is located considering the size of the property, location, topography, vegetation, soils and, if appropriate, its ability to be buffered or screened from neighboring properties and public roads.
[7] 
Be subject to such conditions on appearance, design and layout of structures, provision of buffer areas and operation of use as may be necessary to ensure compatibility with surrounding uses and to protect the natural, historic and visual resources of the Village of Cobleskill.
[8] 
Be consistent with the goals of its respective zoning district.
[9] 
Comply with any applicable site plan review criteria.
(7) 
In order to obtain approval for a special use permit, the applicant must demonstrate that it has met all of the criteria for issuing a special use permit set forth in this § 160-6.
C. 
Amendments. The terms and conditions of any special use permit may be amended only by following the procedures set forth in § 160-18 of the Zoning Law of the Village of Cobleskill.
D. 
Expiration and enforcement. A special use permit shall be deemed to authorize only the particular special use or uses permitted and shall expire if the special use or uses shall cease for more than 12 consecutive months for any reason or if the applicant fails to obtain the necessary building permit or fails to comply with the conditions of the special use permit within 12 months of its issuance.
E. 
Area variances. Where a proposed special use permit contains one or more features that do not comply with the dimensional regulations of the zoning district, the applicant for the special use permit may apply to the Zoning Board of Appeals for an area variance pursuant to § 160-16, Zoning Board of Appeals, of the Village of Cobleskill Zoning Law without the necessity of a decision or determination of the Code Enforcement Officer.
F. 
Waiver. Pursuant to Village Law § 7-725-b, Subdivision 5, the Planning Board is authorized to waive requirements for approval of special use permits, when such waiver would be reasonable. Any such waiver may be exercised in the event any such requirements are found not to be in the interest of the public health, safety or general welfare and inappropriate to a particular special use permit. Without limitation, the authorization to grant waivers does not include authority to waive use or dimensional requirements otherwise required by the Zoning Law or any requirements outside of requirements specific to a special use permit.
A. 
To determine whether a "substantial portion" of a business includes an adult bookstore, adult eating or drinking business, adult theater or other adult commercial establishment or combination thereof, the following factors shall be considered:
(1) 
The amount of floor area and cellar space accessible to customers and allocated to such uses; and
(2) 
The amount of floor area and cellar space accessible to customers and allocated to such uses compared with the total floor area and cellar space accessible to customers in the establishment.
B. 
To determine whether a bookstore has a "substantial portion" of its stock in materials, the following factors shall be considered:
(1) 
The amount of such stock accessible to customers compared with the total stock accessible to customers in the business; and
(2) 
The amount of floor area and cellar space accessible to customers containing such stock; and
(3) 
The amount of floor area and cellar space accessible to customers containing such stock compared with the total floor area and cellar space accessible to customers in the establishment.
C. 
Location of adult use.
(1) 
The structure housing an adult use and any accessory use/structure shall not be allowed:
(a) 
Within 100 feet of the property line of a parcel used for residential purposes in the Village;
(b) 
Within 750 feet of the property line of a parcel containing a church, synagogue, other place of worship, active cemetery, library, school, licensed day-care facility, park, playground, post office, Village office, state/federal/county office, nursing home, adult home, or hospital, whether or not such use is located in the Village or outside the Village's territorial limits;
(c) 
On the same parcel as another adult use and entertainment establishment; or
(d) 
Within 750 feet of the property line of another adult use and entertainment establishment, whether or not such use is located in the Village.
(2) 
The above distances of separation shall be measured from the nearest exterior wall or corner of the structure containing the adult use and entertainment establishment.
D. 
Such use and parking area shall be adequately fenced and/or buffered (landscaping/berms) for screening from any adjacent property, and lighting shall be directed away from adjacent property and public highways.
E. 
Parking shall be located in the side or rear yard, and no parking space may be located less than 50 feet from any property line.
F. 
Any structure containing the adult use and entertainment establishment and any accessory structure shall have a residential appearance similar to existing dwelling units (excluding manufactured homes) in the Village of Cobleskill. Building design shall avoid areas of blank wall sections.
G. 
All adult uses and entertainment establishments shall be conducted in an enclosed building. It shall be a violation to display or exhibit (in the open air, through a window, or by means of a sign depiction or decoration), or to allow to be displayed or exhibited, any specified anatomical area or specified sexual activity.
H. 
Nonconforming adult use and entertainment establishments.
(1) 
In all districts where adult use and entertainment establishments as defined herein are not a permitted use, a nonconforming adult establishment shall terminate within one year from the effective date of this amendment or from such later date that the adult bookstore or entertainment establishment becomes a nonconforming use, except that such establishment may be continued for a limited period of time by the Zoning Board of Appeals as described below.
(2) 
The Zoning Board of Appeals may permit any nonconforming adult bookstore or entertainment establishment or any nonconforming accessory business use to continue for a limited period of time beyond that provided for in this chapter, provided that:
(a) 
The owner of such establishment makes an application to the Zoning Board of Appeals at least 120 days prior to the date on which such establishment must terminate.
(b) 
Board findings.
[1] 
The Board shall find, in connection with such establishment:
[a] 
The applicant had made, prior to the nonconformity, a substantial financial expenditure related to the nonconformity; and
[b] 
The applicant has not recovered substantially all of the financial expenditures related to the nonconformity; and
[c] 
The period for which such establishment may be permitted to continue is the minimum period sufficient for the applicant to recover substantially all of the financial expenditures incurred related to the nonconformity.
[2] 
For the purposes of this section, "financial expenditures" shall mean the capital outlay made by the applicant to establish the adult establishment exclusive of the fair market value of the building in which such use is located and exclusive of any improvements unrelated to the nonconforming adult entertainment establishment.
I. 
Penalties for offenses.
(1) 
Any person, firm, corporation or entity found to be violating any provisions of this section shall be served with a written notice by the Code Enforcement Officer, or his/her designee, stating the nature of the violation and providing for immediate correction thereof. Such notice shall be served by one of the following methods:
(a) 
By personal service;
(b) 
By certified mail, return receipt requested, addressed to his or its last known address as shown on the latest completed assessment roll of the Village of Cobleskill; or
(c) 
By posting of such notice in a conspicuous place upon the premises affected and a copy thereof mailed, addressed to his or its last known address as shown on the latest completed assessment roll of the Village of Cobleskill.
(2) 
Any person, firm, corporation or entity that shall violate any portion of this chapter shall be guilty of a violation and, upon conviction thereof, shall be fined in an amount not to exceed $500 for each violation. The continuation of a violation of the provisions of this chapter shall constitute, for each day the violation is continued, a separate and distinct offense hereunder.
(3) 
The owner and/or any occupant and/or any tenant and/or general agent of a building, premises or part thereof where such a violation has been committed or does exist shall be guilty of such an offense.
(4) 
Any person, firm, corporation or entity violating any of the provisions of this chapter shall become liable to the Village for any expense or loss or damage occasioned the Village by reason of such violation.
(5) 
The imposition of penalties herein prescribed shall not preclude the Village or any person from instituting appropriate legal action or proceedings to prevent a violation of this chapter or to restrain or enjoin the use or occupancy of a building, premises or part thereof in violation of this chapter.
A. 
Permanent mobile home. No permanent mobile home shall be located within the Village of Cobleskill unless located in an approved mobile home park or on a farm.
B. 
Mobile home parks.
(1) 
It shall be unlawful to construct or operate a mobile home park without first securing a special use permit pursuant to this section.
(2) 
Every mobile home park shall contain at least two sites.
(3) 
Any special use permit issued for the construction or operation of a mobile home park shall be issued for a period not to exceed one year. The special use permit shall be eligible for renewal upon expiration, provided that the subject mobile home park has been constructed and operated in compliance with its previous permit.
(4) 
Enlargement of an existing mobile home park shall be subject to the same procedures and requirements as a new mobile home park development.
(5) 
The original application for the special use permit shall be submitted to the Code Enforcement Officer and shall be accompanied by a fee to be determined by the Village Board. Thereafter, each home shall be assessed on the tax rolls of the Village of Cobleskill against the owner of the mobile home park and/or the qualified homeowners applying for either a senior or veterans exemption under the Real Property Tax Law, as appropriate.
(6) 
Purposes of the special use permit process as applied to mobile home parks:
(a) 
To promote the health, safety, protection and general welfare of the residents of the Village of Cobleskill, including those living in mobile homes.
(b) 
To provide for review and approval of the site design of all mobile home parks proposed for the Village of Cobleskill prior to their construction or expansion.
(c) 
To establish appropriate supplemental standards and regulations for the design and operation of mobile home parks.
(d) 
To assure that the standards for operation of the mobile home park are maintained through required annual renewal of the special use permit.
(7) 
Supplemental design standards for mobile home parks.
(a) 
Mobile home park site drainage shall be properly designed to ensure adequate drainage during and following rainfall and snowmelt.
(b) 
The number of home sites shall not exceed six per gross acre of the park.
(c) 
All homes shall be located not less than 30 feet from the right-of-way of any public highway or street and not less than 15 feet from any property line of adjoining parcels.
(d) 
Mobile home parks located adjacent to existing commercial, manufacturing, or residential land uses shall be visually screened from such uses by major evergreen trees, such as Australian pine, spruce, fir or ornamental bushes which must have a minimum average height of three feet measured from the ground to the highest point of the tree at the time of planting and which must be capable of reaching a minimum height of 10 feet at maturity.
(e) 
Mobile homes shall be located a minimum of 15 feet from the edge of any mobile home park street.
(f) 
The layout and design of individual sites, streets and recreation areas shall preserve as much as practical of the existing topography and existing natural features (such as mature trees, rock outcroppings or other significant and beneficial aesthetic features).
(g) 
All home sites shall have an area of not less than 5,000 square feet, of which no more than 25% shall be occupied by the home itself, and shall conform to the following requirements:
[1] 
Each home shall provide a minimum yard space of 15 feet in the rear; the minimum width of any side yard shall be five feet. The total width of both side yards combined shall not be less than 20 feet.
[2] 
There shall be a minimum of 20 feet between homes.
[3] 
All home sites shall have a foundation to accommodate and secure the home structure in accordance with the New York State Uniform Fire Prevention and Building Code.
[4] 
All home sites shall be provided with anchors or tie-downs capable of securing the stability of the home.
[5] 
All home sites shall be suitably graded to provide adequate drainage.
[6] 
The perimeter of each home shall be enclosed with skirting.
(h) 
Parking, roadways and access roads shall meet or exceed the following requirements:
[1] 
A primary access road with a dust control width of at least 30 feet shall be provided for a minimum distance of 100 feet from the public road.
[2] 
Each internal park street shall have a dust control surface width of at least 20 feet and shall be constructed and maintained with a dust control surface on a suitable base according to local requirements.
[3] 
Adequate lighting shall be provided, with the style and location of lighting fixtures in accordance with the site plan as approved by the Planning Board.
[4] 
Two off-street parking spaces shall be provided for each home site. Each parking space must have minimum of 200 square feet and may be grouped with others in a common or in semicommon parking areas, subject to approval of the Planning Board. One additional parking space for guest parking shall be provided for each four home sites.
[5] 
Any area or areas provided solely for the parking and/or storage of recreational vehicles, boats, trailers and other equipment owned by the residents of the park shall be suitably designated, enclosed and screened from view from public roads and adjacent properties.
(i) 
Any mobile home park development shall set aside a minimum of 10% of the total acreage for the provision of park and/or recreational facilities. If the conditions of the proposed site make the provision of such recreation area impossible, the Planning Board may, in its sole discretion, accept a cash contribution to the Village of Cobleskill for the development of recreational facilities in another appropriate location, such contribution to be reserved by the Village solely for such purpose.
(j) 
Utilities shall conform to the following requirements:
[1] 
Every site shall be serviced by a private or public potable water supply approved by the New York State Department of Health.
[2] 
An electrical connection shall be provided at each site. The installation of said connection shall comply with national, state and local electrical codes.
[3] 
All utility distribution lines shall be placed below the ground, including telephone and cable TV. No overhead distribution lines shall be allowed.
(k) 
An adequate system of storm drainage pipes, ditches and appurtenances shall be provided. All runoff shall be conducted to a suitable natural stream or outlet where the park has rights of discharge.
(l) 
Exposed ground surfaces in all parts of the park shall be paved, surfaced with crushed stone or other material approved by the Planning Board, or protected with grass or plant material capable of preventing erosion and eliminating dust and mud.
(m) 
Each home site shall be provided with at least one living tree or shrub, the kind, size and location thereof to be designated on the site plan approved by the Planning Board.
(n) 
All proposed landscaped areas shall be clearly indicated on the site plan, and the type of treatment (grass, shrubs, ground cover, etc.) shall be specified.
(o) 
Storage on each home site shall be limited to an accessory building containing not more than 150 square feet of space.
(p) 
All accessory structures shall be located in the rear or side yard of the individual home site. Minimum setback for an accessory building shall be three feet from rear and side site lines of the individual home site.
(q) 
Home site additions, including but not limited to the increase of living space, erection of a storm shelter, a seasonal enclosure, separate awnings, canopies or unenclosed patios are prohibited unless and until a permit has been secured from the Code Enforcement Officer after prior written approval has been granted by the mobile home park permittee or his designated representative.
(8) 
Supplemental standards for operation and maintenance of mobile home parks.
(a) 
All landscaping features incorporated into the site plan as approved by the Planning Board shall be maintained in a healthy condition. Trees, grass or shrubs that die shall be replaced as promptly as possible, considering seasonal conditions.
(b) 
The permittee or his designated representative shall remove snow and ice from primary access roads and all internal park streets within 24 hours of the cessation of any snowfall and shall maintain all roads and streets in a manner which allows full access to emergency vehicles at all times.
(c) 
The storage, collection and disposal of refuse in the park shall be so managed as to create no health or accident hazards, rodent harborage, insect breeding area or pollution of air or water. All refuse shall be stored in flytight, watertight, rodent-proof containers, which shall be provided in sufficient number and capacity to prevent any refuse from overflowing.
(d) 
Parking on all access roads and internal park streets shall be prohibited, and the permittee or his designated representative shall enforce such prohibition.
(e) 
In every park, there shall be a building in which shall be located the office of the operator or person in charge of the said park. A mobile home may be approved by the Planning Board to serve as said office instead of a separate building, but it must clearly be identified as such.
(f) 
The permittee or his designated operator of the mobile home park shall:
[1] 
Maintain records in accordance with requirements of the New York State Division of Housing and Park Renewal.
[2] 
Maintain the park in a clean, orderly and sanitary condition at all times.
[3] 
Prohibit the permanent use of any home by a greater number of persons than it is designed to accommodate.
[4] 
Inform occupants of their rights and responsibilities regarding any restrictions, rules, regulations, and/or lease covenants and facilitate strict compliance with all such conditions.
[5] 
Assure that essential park services, such as a mail drop and police and fire protection, are provided.
(g) 
Any change to lot locations, additions or tenant changes requires the issuance of two copies of the park lot layout, which shall identify lot locations and the associated 911 addresses. One copy shall be used for Village records and the other shall be provided to the Village of Cobleskill Fire Department.
(h) 
Before an approved mobile home park commences operation, the Code Enforcement Officer shall inspect the site to verify that all requirements and conditions of the special use permit have been satisfied. Operations shall not commence until such inspection has been completed to the satisfaction of the Code Enforcement Officer.
(i) 
Failure to maintain mobile home park; order to remedy; notice.
[1] 
If the Code Enforcement Officer finds that a mobile home park is not being maintained in a clean, orderly and sanitary condition or that such mobile home park is not being operated in accordance with the provisions of this chapter or its special use permit, he shall serve upon the permittee or his agent an order in writing directing that condition(s) therein specified be remedied within 15 working days of service of such order.
[2] 
If, after the expiration of said time period, such conditions are not corrected in accordance with the said order, the Code Enforcement Officer shall serve a notice in writing upon such mobile home park permittee, requiring the permittee to appear before the Planning Board, at a time to be specified in such notice, to show cause why said special use permit should not be revoked.
A. 
The applicant shall demonstrate that the proposed installation in the specific location requested is necessary for the efficiency of the public utility system or for provision of service by the utility to the neighborhood or area in which the use is to be located.
B. 
Adequate and attractive fences and/or landscaping as necessary to protect adjoining properties from noise, light or other nuisance factors will be provided.
A. 
Purpose and intent.
(1) 
The purpose of these standards is to establish predictable and balanced regulations for the placement and screening of personal services antennas, towers, and accessory structures. The regulations that follow are also intended to accommodate the growth of such systems within the Village of Cobleskill (hereinafter referred to as "the Village"). Such regulations will further serve to protect the public against any adverse impacts on aesthetic resources. Additionally, the regulations will eliminate potential damage to adjacent properties from tower failure through structural standards and setback requirements. Finally, the regulations set forth in these standards will reduce the number of towers needed to service the community by maximizing the use of existing towers and structures.
(2) 
These standards are intended to regulate the placement, construction, modification, and removal of towers and telecommunications facilities to protect the health, safety, and welfare of the public while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the Village. Specifically, these standards are intended to:
(a) 
Regulate the location of towers and telecommunications facilities in the Village;
(b) 
Protect residential areas and land uses from potential adverse impacts of towers and telecommunications facilities;
(c) 
Minimize adverse visual impacts of towers and telecommunications facilities through careful design, placement, landscaping, and innovative camouflaging techniques;
(d) 
Promote and encourage shared use/collocation of towers and antenna support structures as a primary option rather than construction of additional single-use towers;
(e) 
Promote and encourage technological designs that will either eliminate or reduce the need to erect new tower structures to support antennas and telecommunications facilities;
(f) 
Secure fair and reasonable compensation to the Village and the residents of the Village for permitting private use of the public ways;
(g) 
Avoid potential damage to property caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or when determined to be structurally unsound; and
(h) 
Ensure that towers and telecommunications facilities are compatible with surrounding land uses.
B. 
Definitions. See § 160-20, Definitions and Word Usage, § 160-20.2, Definitions, "wireless telecommunications towers and facilities."
C. 
Review requirements.
(1) 
No antenna or tower shall hereafter be used, erected, changed or altered except after obtaining a special use permit in conformity with these standards.
(2) 
The Village of Cobleskill Planning Board is hereby authorized to review and approve, approve with modifications, or disapprove special use permits pursuant to these standards. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed antenna, tower, or accessory structures in accordance with the Act.
D. 
A special use permit issued by the Planning Board shall be effective for a period of two years, during which time an applicant will have two years to erect or modify a tower or antenna pursuant to the permit. The Planning Board may renew such permit upon reapplication by the applicant and the payment of any necessary fees.
E. 
Development of towers, antennas, antenna support structures or telecommunications facilities. No person shall build, erect, or construct a tower, antenna, antenna support structure, or telecommunications facility upon any parcel of land within any zoning district within the Village unless the Cobleskill Planning Board issues a special use permit after approving an application in accordance with Subsection C.
(1) 
Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of 150 feet above the ground upon which the antenna is placed.
(2) 
No new tower shall be built, constructed, or erected in the Village unless the tower is capable of supporting another operating telecommunications facility comparable in weight, size, and surface area to the telecommunications facilities installed by the applicant on the tower.
(3) 
An application to develop a tower, antenna, antenna support structure or telecommunications facility shall include:
(a) 
The name, address, and telephone number of the owner and lessee of the parcel of land where the telecommunications structure is to be situated. If the applicant is not the owner of the parcel of land where the structure is to be located, then the written consent of the owner must also be provided as part of the application.
(b) 
The legal description and address of the parcel of land where the structure is to be located.
(c) 
The names, addresses and telephone numbers of all owners of other towers or usable antenna support structures within a one-mile radius of the proposed new tower site, including Village-owned property.
(d) 
A description of the design plan proposed by the applicant in the Village. The applicant must identify the use of the most recent technological design, as part of the design plan. The applicant must demonstrate the need for towers and why design alternatives cannot be used to accomplish the provision of the applicant's telecommunications services.
(e) 
An affidavit stating that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or collocate the applicant's telecommunications facilities on Village-owned towers or usable antenna support structures within a one-mile radius of the proposed tower site.
(f) 
Written technical evidence from a qualified professional engineer acceptable to the Village that the proposed tower or telecommunications facilities cannot be installed or collocated on another person's tower or usable antenna support structures owned by other persons located within a one-mile radius of the proposed tower site.
(g) 
A written statement from a qualified professional engineer acceptable to the Village that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by nearby residential and nonresidential properties.
(h) 
Written technical evidence from a qualified professional engineer acceptable to the Village that the proposed structure meets the standards set forth in Subsection H, Structural requirements, of this section.
(i) 
Written technical evidence from a qualified professional engineer acceptable to the Fire Chief and the Code Enforcement Officer that the proposed site of the tower or telecommunications facility does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas or corrosive or other dangerous chemicals.
(j) 
To assist the Planning Board in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the tower with a photo-realistic representation of the proposed tower or structure as it would appear viewed from the closest residential property and from adjacent roadways.
(k) 
A completed long-form environmental assessment form (EAF), in accordance with SEQRA, including a visual assessment or a draft environmental impact statement in lieu of the long-form EAF.
(l) 
The Act gives the FCC sole jurisdiction to regulate RF emissions and does not allow the Village to condition or deny an applicant based upon the RF impacts that meet FCC standards. Antennas and towers shall be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities. Applicants shall submit information regarding proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards. Applicants shall submit evidence of compliance with FCC standards on a yearly basis to the Village. If new, more restrictive standards are adopted, the antennas shall be made to comply with the FCC standards, or the Planning Board may restrict continued operation. The owner or operator of the telecommunications facility shall bear the cost of verification of compliance.
(4) 
The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams or other means. The design should use an open framework or monopole configuration.
(5) 
The base of the tower shall not occupy more than 500 square feet, and the top of the tower shall not be wider than the base.
(6) 
Minimum spacing between tower locations is 1/2 mile.
(7) 
The Planning Board may require an applicant to supplement any information that the Planning Board considers inadequate or that the applicant has failed to supply. The Planning Board may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this subsection.
(8) 
If outside engineering services are required during site plan review, the applicant shall pay the costs.
F. 
Collocation requirements. All towers erected or located within the Village shall comply with the following requirements:
(1) 
A proposal for a tower shall not be approved unless the Planning Board finds that the antenna planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius (one-half-mile search radius for towers under 120 feet in height; one-quarter-mile search radius for towers under 80 feet in height) of the proposed tower due to one or more of the following reasons:
(a) 
The antenna would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified professional engineer acceptable to the Village, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate the planned or equivalent antenna at a reasonable cost.
(b) 
The antenna would cause interference materially impacting the usability of other existing or planned antennas at the tower or building as documented by a qualified professional engineer acceptable to the Village, and the interference cannot be prevented at a reasonable cost.
(c) 
Existing or approved towers and buildings within the search radius cannot accommodate the antenna at a height necessary to function reasonably, as documented by a qualified professional engineer acceptable to the Village.
(d) 
Other foreseen reasons that make collocation of the antenna upon an existing or approved tower or building infeasible.
(2) 
Any proposed tower shall be designed structurally, electrically, and in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet high or for at least one additional user if the tower is over 60 feet high. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. The applicant shall submit to the Planning Board a letter of intent committing the applicant, and its successors in interest, to negotiate in good faith for shared use of the proposed tower by other personal wireless service providers in the future. The issuance of a special use permit shall commit the new tower owner and its successors in interest to:
(a) 
Respond in a timely and comprehensive manner to a request for information from a potential shared-use applicant.
(b) 
Negotiate in good faith concerning future requests for shared use of the new tower by other personal wireless service providers.
(c) 
Allow shared use of the new tower if another personal wireless service provider agrees in writing to pay charges.
(d) 
Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. The charge may include, but is not limited to, a pro rata share of the cost of the site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, and depreciation and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
(3) 
To keep neighboring municipalities informed and to facilitate the possibility of directing that an existing tall structure or existing tower in a neighboring municipality be considered for shared use, the Planning Board shall require that:
(a) 
An applicant who proposed a new tower shall notify in writing the legislative body of each municipality that borders the Village and the County Planning Commission. Notification shall include the exact location of the proposed tower and a general description of the project, including, but not limited to, the height of the tower and its capacity for future shared use.
(b) 
Documentation of this notification shall be submitted to the Planning Board at the time of application.
G. 
Setbacks. Towers and all accessory structures shall conform to each of the following minimum setback requirements:
(1) 
All towers up to 100 feet high shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of 100 feet in height shall be set back one additional foot per foot of tower exceeding 100 feet.
(2) 
Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel of land on which it is located.
(3) 
Setback requirements may be modified, as provided in the sole discretion of the Planning Board, when placement of a tower in a location that will reduce the visual impact can be accomplished.
(4) 
The minimum setbacks of the underlying zoning district shall be met with the exception of industrial zoning districts, where towers and accessory structures may encroach into the rear setback area, provided that the real property line abuts another industrially zoned property and the tower does not encroach upon any easements.
(5) 
Towers and accessory structures shall be set back from the planned public rights-of-way as shown on the most recently adopted map of the Village showing such rights-of-way, a minimum distance equal to 1/2 the tower height, including all antennas and attachments.
(6) 
Setback requirements may be modified in the sole discretion of the Planning Board to allow the integration of a tower into an existing or proposed structure such as a church steeple, light pole, power line, or similar structure.
H. 
Structural requirements. All towers must be designed and certified by a qualified professional engineer acceptable to the Village to be structurally sound.
I. 
Separation or buffer requirements. For the purpose of these standards, the separation distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the base, pursuant to a proposed site plan, of the proposed tower. Tower separation distances from residentially zoned lands shall be measured from the base of the tower to the closest point of residentially zoned property. The minimum tower separation distances from residentially zoned land and from other towers shall be calculated and applied regardless of Village jurisdictional boundaries.
(1) 
Towers shall be separated from all residentially zoned lands by a minimum of 200 feet or 200% of the height of the proposed tower, whichever is greater.
(2) 
Proposed towers must meet the following minimum separation requirements from existing towers or towers which have a special use permit but are not yet constructed at the time a special use permit is granted pursuant to these standards:
(a) 
Monopole tower structures shall be separated from all other towers, whether monopole or self-supporting lattice, by a minimum of 750 feet.
(b) 
Self-supporting lattice towers shall be separated from all other self-supporting lattice towers by a minimum of 1,500 feet.
(c) 
Self-supporting lattice tower structures shall be separated from all monopole towers by a minimum of 750 feet.
J. 
Method of determining tower height. Measurement of tower height to determine compliance with all requirements of these standards shall include the tower structure itself, the base pad, and any other telecommunications facilities attached thereto. Tower height shall be measured from grade.
K. 
Illumination. Artificial light shall be limited as required by the Federal Aviation Administration or other federal or state authority for a particular tower. Upon the commencement of tower construction, in cases where there are residential uses located within a distance which is 300% of the height of the tower from the tower and when required by federal law, dual-mode lighting shall be requested from the Federal Aviation Administration.
L. 
Design of antennas, towers and accessory structures. Antennas, towers, and accessory structures shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except when the color is indicated by federal or state authorities such as the Federal Aviation Administration. Every antenna, tower, and accessory structure shall be a neutral color to be in harmony with and blend with the natural features, buildings, and structures surrounding the antenna or structure; provided, however, that directional or panel antennas and omnidirectional or whip antennas located on the exterior of a building that will also serve as an antenna tower shall be of colors that match, and cause the antenna to blend with, the exterior of the building. Accessory structures will be designed to be architecturally compatible with principal structures on the site.
M. 
Landscaping and security of structures. All landscaping on a parcel of land containing towers, antenna support structures or telecommunications facilities shall be in accordance with the applicable landscaping requirements in the zoning district where such structures or facilities are located, although the Planning Board may require landscaping in excess of the Village code to enhance the compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing. Existing on-site vegetation shall be preserved to the maximum extent practicable. The base of the tower and any accessory structures shall be landscaped. Towers and accessory structures shall be provided with eight-foot security fencing to prevent unauthorized entry.
N. 
Access. A parcel of land upon which a tower is located must provide access to at least one paved vehicular parking space on site. Maximum use of existing roads, public or private, shall be made.
O. 
Stealth design. All towers shall be of stealth design as defined by these standards.
P. 
Telecommunications facilities on antenna support structures. Any telecommunications facilities not attached to a tower may be permitted on any antenna support structure at least 50 feet tall, regardless of the zoning restrictions applicable to the zoning district where the structure is located. Telecommunications facilities are prohibited on all other structures. The owner of such structure shall, by written certification to the Planning Board, establish the following at the time plans are submitted for a special use permit:
(1) 
The height from grade of the telecommunications facilities shall not exceed the height from grade of the antenna support structure by more than 20 feet.
(2) 
Any telecommunications facilities and appurtenances located above the primary roof of an antenna support structure are set back one foot from the edge of the primary roof for each one foot in height above the primary roof of the telecommunications facilities. This setback shall not apply to telecommunications facilities and their appurtenances located above the primary roof of an antenna support structure if such facilities are appropriately screened from view through the use of panels, walls, fences, or other screening techniques approved by the Village. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the primary roof but which do not protrude more than 18 inches from the side of such an antenna support structure.
Q. 
Certifications and inspections.
(1) 
All towers shall be certified by a qualified professional engineer acceptable to the Village to be structurally sound and in conformance with the requirements of the Building Code and all other construction standards set forth by the Village's Code and federal and state law. For new monopole towers, such certification shall be submitted with an application pursuant to Subsection C of these standards and every five years thereafter. The tower owner may be required by the Village to submit more frequent certifications if the Village believes the structural and/or electrical integrity of the tower is jeopardized.
(2) 
The Village or its agents shall have authority to enter onto the property where a tower is located, between inspections and certifications, to inspect the tower to determine whether it complies with the Village Code and all other construction standards provided by the Village Code and federal and state law.
(3) 
The Village reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner.
R. 
Maintenance.
(1) 
Tower owners shall employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.
(2) 
Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state, and local regulations and in such manner that will not interfere with the use of other property.
(3) 
All towers, telecommunications facilities, and antenna support structures shall at all times be kept and maintained in good condition, order and repair.
(4) 
Licensed maintenance and construction personnel shall perform all maintenance or construction of towers, telecommunications facilities, or antenna support structures.
(5) 
All towers shall be in compliance with current RF emission standards as set by the FCC.
(6) 
If a tower owner discontinues the use of a tower, the tower owner shall provide written notice to the Village of its intent to discontinue and the date when such use will be discontinued.
S. 
Abandonment.
(1) 
If any tower shall cease to be used for a period of 365 consecutive days, the Code Enforcement Officer shall notify the owner, with a copy to the applicant, that the site will be subject to a determination that such site has been abandoned. The owner shall have 30 days from receipt of such notice to show, by a preponderance of the evidence, that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the CEO shall issue a determination of abandonment for the site. Upon issuance of a final determination of abandonment, the owner shall, within 75 days, dismantle and remove the tower.
(2) 
If a tower is not removed within the relevant time period, the Village may remove the tower and associated facilities after proper notice and a hearing, and the costs of removal shall be assessed against the owner.
(3) 
Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new special use permit.
T. 
Severability. If any clause, section, or other part of these standards shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of these standards shall not be affected thereby but shall remain in full force and effect.
U. 
Signs and advertising on towers. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
V. 
Compliance with other laws. The operator of every tower, antenna, and accessory structure shall submit to the Village Clerk copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such tower, antenna and accessory structure and shall maintain such licenses and permits and provide evidence of renewal or extension thereof when granted.
W. 
Assignment of permit. Every special use permit granting approval of an antenna, tower, or accessory structure shall state that any assignment or transfer of the special use permit or of any rights thereunder may be made only with the approval of the Village Board of Trustees.
X. 
Review of special use permit. The special use permit shall be subject to review by the Planning Board at five-year intervals to determine the following:
(1) 
Whether the technology in the provision of personal wireless services has changed such that the necessity for the special use permit at the time of its approval has been eliminated or modified; and
(2) 
Whether the special use permit should be modified or terminated as a result of any such change.
A. 
Violations of the provisions of these standards or any rules or regulations established pursuant thereto shall be subject to all procedures and penalties enumerated in § 160-15, Administration and Enforcement, of this chapter.
A. 
Prior to the issuance of the zoning permit or building permit by the Code Enforcement Officer for any use subject to site plan review as specified in § 160-4, Use Regulations, and any amendments thereto, an original site plan application, along with six copies, shall be submitted to the Secretary for the Planning Board seven business days prior to a meeting for review for completeness and approval in accordance with the standards and procedures outlined below.
B. 
The Planning Board may waive the site plan review for a change from one commercial use to another commercial use in the same building, provided that the existing building will not be expanded and the existing site complies with the applicable sidewalk, landscaping, and lighting requirements of this Code.
C. 
The Planning Board may waive the site plan review for a change from one residential use to another residential use in the same building, provided that the existing building will not be expanded and the existing site complies with the applicable sidewalk, landscaping, and lighting requirements of this Code.
D. 
The Code Enforcement Officer may issue the zoning permit and building permit without site plan review for any use in the Central Business District otherwise permitted, provided that no building demolition, new building construction, or expansion of building footprint is included in the proposed use.
A. 
A sketch plan conference shall be held between the Planning Board and the applicant to review the basic site design concept, to determine the information required for inclusion on the preliminary site plan and to settle certain procedural questions relative to site plan submittal and review.
B. 
The applicant shall provide, for consideration at the sketch plan conference:
(1) 
An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets and easements within 200 feet of the boundaries thereof. Such area map shall be oriented to the nearest highway intersection.
(2) 
The general slope of the parcel under consideration and a notation giving the estimated percentage of slope on the parcel.
(3) 
A written statement and sketch plan describing the proposed development of the site.
(4) 
Such additional information as needed for other reviews or submittals required under state, federal or local laws and regulations.
(5) 
For projects in the MU 1, MU 2, MU 3, and C-I Zoning Districts, a completed affidavit of mailing notice stating that notice has been mailed to owners of all properties within 200 feet of the proposed use.
[Amended 1-19-2010 by L.L. No. 1-2010]
C. 
The Planning Board shall determine, at the sketch plan conference:
(1) 
Whether the requirement for site plan review shall be waived pursuant to § 160-7.1B or C above.
(2) 
The information from the requirement checklist to be included on the preliminary site plan to constitute a complete submittal.
(3) 
The contour interval (if any) to be used on the preliminary site plan.
(4) 
The necessity, based on the following factors, for outside consultant services for review of the preliminary and/or final site plan:
(a) 
The complexity and scope of the proposed project.
(b) 
Unusual or unique conditions on the site and surrounding property.
(c) 
Whether the preliminary and final site plans are to be prepared by a landscape architect, architect, professional engineer or surveyor licensed in the State of New York.
(d) 
Such other factors as the Planning Board considers relevant.
(5) 
If the Planning Board determines that the services of an outside consultant are necessary for review of the preliminary and/or final site plan, the applicant shall be informed, in writing, of such determination and of the ceiling on reimbursable costs for such services.
(6) 
If requested by the applicant, the Planning Board may authorize the Code Enforcement Officer to issue building permits for phases of the project less than the total proposed development for the purpose of permitting a design-build development approach.
(a) 
Such phased building permits shall be authorized only under the following circumstances:
[1] 
Extraordinary and compelling circumstances exist requiring the commencement of construction prior to the completion of detailed plans; and
[2] 
The benefit to the Village of permitting phased building permits clearly and overwhelmingly outweighs the advantages of receipt of fully detailed plans prior to issuance of a building permit for the entire project.
(b) 
Such phased permits shall not be authorized:
[1] 
For the convenience of the applicant; or
[2] 
To avoid or circumvent submittals, reviews, referrals or notifications required under federal, state or local laws or regulations.
(c) 
Interpretation of authorization.
[1] 
The authorization of the Planning Board to allow phased building permits shall not be interpreted to encourage or obligate the Code Enforcement Officer to issue a certificate of zoning compliance or a zoning permit for the first or any subsequent phase of the proposed project.
[2] 
The Planning Board shall specifically inform the applicant that any increased risks associated with phased building permits shall fall upon the applicant and that Planning Board authorization does not constitute or guarantee the issuance of a building permit and that the Code Enforcement Officer is required not to consider costs incurred in the construction of a project phase as a factor in considering the issuance of building permits for subsequent phases.
(7) 
If requested by the applicant, whether the sketch plan as submitted is sufficient to meet the requirements for the preliminary site plan and shall be accepted and/or approved as the preliminary site plan application.
D. 
At the sketch plan conference, the Planning Board shall inform the applicant that additional reviews, referrals, submissions, or notifications may be required pursuant to federal, state or local laws or regulations, including SEQRA, and approvals from the Village of Cobleskill Water and Sewer Departments.
E. 
The Planning Board may recess the sketch plan conference to provide for appropriate site visits by its members or consultants, to determine the necessity and/or cost of reimbursable consultant services or to gather or receive additional information. In such cases, when the Planning Board reconvenes the conference, it shall be considered a continuation of the same sketch plan conference.
A. 
Pursuant to §§ 7209 and 7303 of the New York State Education Law, the preliminary site plan shall be prepared by a landscape architect, architect, professional engineer or land surveyor except as provided in §§ 7209, Subdivision 7, and 7307, Subdivision 5, of the New York State Education Law.
B. 
The preliminary site plan shall include such information from the following checklist as deemed necessary by the Planning Board at the sketch plan conference:
(1) 
The title of the drawing, including the name and address of the applicant and the person responsible for preparation of such drawing.
(2) 
North arrow, date and written and graphic scale.
(3) 
Boundaries of the property plotted to scale.
(4) 
Existing watercourses, flood-prone areas as described by the Federal Emergency Management Administration mapping, and New York State regulated wetlands.
(5) 
A description of existing vegetative cover and the location of all existing trees over 12 inches in diameter.
(6) 
The location of other significant natural or man-made features of historical or cultural interest which exist on the site.
(7) 
The location of existing uses and outlines of structures drawn to scale on the site and within 100 feet of the lot line.
(8) 
The location and description of other existing development on the site, including fences, landscaping and screening.
(9) 
A grading and drainage plan showing existing and proposed contours at an appropriate interval to be specified by the Planning Board and referenced to United States Geological Survey datum elevations.
(10) 
The location, proposed use, height, and architectural consistency with § 160-12, Building Design Standards, of all structures.
(11) 
The location, design and construction materials of all parking and truck-loading areas, with access and egress drives thereto.
(12) 
Provisions for pedestrian access and sidewalks.
(13) 
The location of outdoor storage, if any.
(14) 
The location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(15) 
A description of the method of sewage disposal and location.
(16) 
A description of the method of securing water and location.
(17) 
A description of the method of stormwater treatment and/or control.
(18) 
The location of fire and other emergency zones, including the location of fire hydrants.
(19) 
The location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
(20) 
The location, size, design and construction materials of all proposed signage.
(21) 
A landscape planting plan showing planting areas and specifying plant types.
(22) 
The location, design and specification of outdoor lighting, if any.
(23) 
Illustrations or sketches of proposed street furniture, if any.
(24) 
Traffic study. The Planning Board shall require a traffic study for any new, major proposed use, unless waived at the sole discretion of the Planning Board. The traffic study shall include:
(a) 
The projected number of motor vehicle trips to enter or leave the site estimated for daily and peak-hour traffic levels.
(b) 
The projected traffic flow pattern, including vehicular movements at all major intersections likely to be affected by the proposed use of the site.
(c) 
The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak-hour traffic levels, as well as road capacity levels, shall also be given.
(25) 
Other information as deemed necessary by the Planning Board.
The Planning Board shall review the preliminary site plan and shall determine whether the applicant has met the following criteria for approval:
A. 
Adequacy of layout and design of vehicular access and circulation on the site and surrounding streets, including intersections, road widths, pavement surfaces, and traffic controls.
[Amended 12-18-2007 by L.L. No. 14-2007]
B. 
Adequacy of the layout and design of off-street parking, loading, lighting, signage and general relationship with proposed structures.
C. 
Adequacy of stormwater and drainage facilities, water supply and sewage disposal facilities. No water supply dead ends shall be permitted.
[Amended 4-15-2008 by L.L. No. 3-2008]
D. 
Adequacy of type and use of trees, shrubbery and other landscape elements for aesthetic, screening or buffering purposes and the relationship with existing trees and vegetation, which shall be incorporated to the maximum possible extent.
E. 
Adequacy of protection of adjacent properties from noise, glare, unsightliness or other objectionable features.
F. 
Adequacy of provisions for emergency vehicular zones and fire-fighting access.
G. 
Consistency of architectural features with § 160-12, Building Design Standards.
H. 
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding, slippage and/or erosion.
I. 
For new construction, the layout and location of underground cables, such as electric, telephone, cable television, etc.
J. 
Adequacy of layout and design of pedestrian access and circulation on the site and in relation to the surrounding streets, including sidewalks, crosswalks, walkway structures and overall pedestrian convenience, including:
[Added 12-18-2007 by L.L. No. 14-2007]
(1) 
Sidewalks consistent with § 131-3 of this Code are required along and parallel to each public street.
(2) 
Unless site conditions dictate otherwise, a separation distance of five feet shall be maintained between sidewalks and the curbline of any public street.
(3) 
Crosswalks and walkways across public streets and within parking areas and on-site vehicle areas shall be clearly marked with surface striping.
(4) 
Whenever possible, on-site sidewalks and pedestrian walkways shall interconnect with those of adjacent sites.
The Planning Board may consult with the Code Enforcement Officer, the Fire Chief, the Superintendent of Highways, the Village Board of Trustees, the Village Attorney, other local and county officials and/or the Board's designated private consultants, in addition to representatives of federal and state agencies, including but not limited to the Soil Conservation Service, New York State Department of Transportation, New York State Department of Environmental Conservation and New York State Office of Parks, Recreation and Historic Preservation, to assist in the review of the preliminary site plan.
The Planning Board, if it deems appropriate, may conduct a public hearing on the preliminary site plan.
A. 
Such public hearing shall be conducted within 62 days of receiving the completed preliminary site plan and application for its approval.
B. 
The Board shall mail notice of the hearing to the applicant at least 10 days before such a hearing.
C. 
Notice must be mailed to the Schoharie County Planning Agency at least 10 days before a hearing as required by General Municipal Law § 239-m. If no hearing is held, the proposed action must be referred to the Schoharie County Planning Agency before any final action is taken.
D. 
The notice of the hearing shall be advertised in the official newspaper of the Village at least five days before the public hearing.
E. 
Pursuant to General Municipal Law § 239-nn, notice of the public hearing shall be given by mail or electronic means to the Clerk of the adjacent municipality at least 10 days prior to the commencement of the hearing.
A. 
Within 62 days of the public hearing, if held, or from the date of receipt of the complete preliminary site plan and application for approval, the Planning Board shall approve, approve with modifications or disapprove the preliminary site plan.
B. 
The Planning Board shall have the authority to impose reasonable conditions to its approval to fulfill the purposes of this chapter.
C. 
If no action is taken on the preliminary site plan within the prescribed time period, the completed preliminary site plan shall be considered approved as submitted.
D. 
If the preliminary site plan is disapproved, the Planning Board shall state in writing the reasons for such denial. In such case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after revision or redesign.
E. 
If the preliminary site plan is approved with modifications, the modifications must be shown in the final site plan as a condition of approval.
A. 
After the Planning Board approves the preliminary site plan, the applicant shall submit a final site plan, subject to the following requirements:
(1) 
The final site plan shall be submitted no more than six months after approval of the preliminary site plan. If the prescribed time period has elapsed or conditions have changed substantially in the interim, the Planning Board may, at its sole discretion, require resubmission of the preliminary site plan for further review and revision prior to accepting the final site plan for review.
(2) 
The final site plan shall conform substantially to the preliminary site plan as approved and shall incorporate all modifications that may have been required by the Planning Board as conditions of approval. All such required modifications shall be clearly indicated on the final site plan.
(3) 
The following information, in addition to that included in or as conditions of approval of the preliminary site plan, shall be included in the final site plan submitted for approval:
(a) 
Record of application for and approval status of all necessary permits from state, local, and county officials. Approval of water, sewer, and stormwater systems shall be obtained from the appropriate Village of Cobleskill departments.
(b) 
Detailed sizing and final material specification of all required improvements.
(c) 
An estimated project construction schedule.
B. 
If the preliminary site plan is approved as submitted and if it includes all additional information required for a complete final site plan, the Planning Board may, at its sole discretion, accept the approved preliminary site plan as the final site plan for its review.
C. 
Upon approval of a final site plan, all conditions of approval must be met prior to the issuance of an occupancy permit by the Code Enforcement Officer. The Planning Board shall notify the applicant and the Code Enforcement Officer of its conditioned approval and file same with the Village Clerk.
D. 
Pursuant to Village Law § 7-725-a, Subdivision 5, the Planning Board is authorized to waive any requirements for the approval, approval with modifications or disapproval of site plans submitted for approval when such waiver would be reasonable. Any such waiver may be exercised in the event any such requirements are found not to be in the interest of the public health, safety or general welfare or inappropriate to a particular site plan. Without limitation, the authorization to grant waivers does not include authority to waive use or dimensional requirements otherwise required by the Zoning Law or any requirements outside of requirements specific to a site plan.
A. 
Within 62 days after receiving the complete final site plan and application for approval, the Planning Board shall approve or disapprove the final site plan.
B. 
The prescribed time period for Planning Board action may be extended with the mutual agreement of the Planning Board and the applicant or if other reviews, referrals, submittals or notifications required under federal, state or local laws or regulations have not been completed.
C. 
If no decision is made within the prescribed time period or extensions thereto, the final site plan shall be considered approved as submitted.
D. 
If the final site plan is disapproved, the Planning Board shall present the reasons for disapproval, in writing, to the applicant and for the public record. Such disapproval shall be indicated on a form as prescribed by the Planning Board.
E. 
Upon Planning Board approval of the final site plan and payment by the applicant to the Village of all fees and reimbursable costs, the Planning Board shall forward one copy of the final site plan with its approval to the Code Enforcement Officer. The Planning Board shall indicate its approval in writing.
A. 
Costs or fees incurred by the Planning Board for necessary consultant services or other extraordinary expense in connection with the review of a proposed site plan shall be paid by the applicant, provided that the necessity of such services and a ceiling upon such fees or expense have been determined by the Planning Board at the sketch plan conference and the applicant has been informed of the fee ceiling in writing.
B. 
No zoning permit shall be issued for any proposed construction for which fees or reimbursable costs are lawfully due to the Village and unpaid.
A. 
No certificate of occupancy shall be issued until all improvements shown on the approved site plan are installed or a security in an amount representing 150% of the estimated cost of the improvements to be completed is posted in accordance with New York State Village Law § 7-725-a, Subdivision 7. The form of the security shall be that which is provided in New York State Village Law § 7-730, Subdivision 9, and shall be accompanied by a written irrevocable authorization for access to the subject site for installation of improvements by the Village or its authorized representative.
B. 
In the event that any required improvements have not been installed within the time stated in the security agreement, the Village may declare the applicant in default and collect the sum payable hereunder. Upon receipt of the proceeds of the performance guarantee, the Village shall install or cause to be installed the required improvements at a cost not to exceed the amount of such proceeds.
A. 
Trash dumpsters accessory to multiple-family, commercial and industrial uses shall be enclosed by walls or fences.
B. 
Walls and fences shall be permitted in all districts except where they are of such a height or location as to interfere with sight clearances required for traffic safety.
C. 
No accessory uses or accessory structures, except fences, shall be located in the established front yard.
D. 
No accessory uses or accessory structures shall project nearer to the street on which the principal structure fronts than does the principal structure, except:
(1) 
Fences, walls, berms, or other landscaping devices, provided that they comply with the requirements of this § 160-8.
(2) 
An enclosed residential garage that is structurally and architecturally integrated into the principal structure.
E. 
An accessory structure may be located in any required side or rear yard, provided that:
(1) 
The height does not exceed 15 feet (except fences, berms or landscape plants).
(2) 
It is set back five feet from any lot line (except fences, berms or landscape plants).
F. 
Fences, except living fences:
(1) 
Shall be placed at least six inches back from any property line.
(2) 
Shall have the smooth side or finished side facing to the outside of the property of the owner installing the fence.
(3) 
Shall have fence posts, if any, placed on the inside of the fence.
(4) 
Shall have all entrances or gates opening into the property of the owner installing the fence.
(5) 
If erected in the side and rear yards, shall not exceed eight feet in height.
(6) 
If erected in the front yard:
(a) 
Shall be placed at least one foot back from the sidewalk.
(b) 
If no sidewalks are in place, shall be set back a minimum of six feet from the edge of pavement.
(c) 
Shall not exceed four feet in height.
G. 
Living fences:
(1) 
Shall be placed at least two feet back from any sidewalk in existence, any prospective sidewalk or the property line.
(2) 
Shall be maintained in a neatly trimmed condition.
(3) 
Shall not interfere with the visibility of vehicular and pedestrian traffic.
A. 
No such establishment shall be closer than 500 feet to a school or place of religious worship, measured lot line to lot line.
B. 
No two such establishments shall be located within 500 feet of each other, measured lot line to lot line.
For a car wash, the applicant shall provide, as part of the application, written approval from the appropriate Village of Cobleskill departments of:
A. 
Projected water usage.
B. 
Water-recycling facilities.
C. 
Stormwater and drainage systems.
No residential use shall be permitted on the first floor (street level) of any building in the Central Business District.
A. 
Use of rooms.
(1) 
It shall be prohibited to use any kitchen or nonhabitable space for sleeping purposes.
(2) 
It shall be prohibited to use any cellar space as a dwelling unit or habitable space, except as part of an above-grade dwelling unit, unless at least 80% of the horizontal dimension of one wall of said cellar space is above grade.
(3) 
No room may be occupied for sleeping purposes by more than two adults, considering children of 12 years of age or more as adult and considering two children between the ages of two and 11 inclusive as the equivalent of one adult. Children under two years of age need not be considered as occupants.
(4) 
No room shall have sleeping accommodation for more persons than can be accommodated in conformity with the provisions of this § 160-8.
B. 
Additional parking. Off-street parking spaces shall be provided in accordance with § 160-9.2, Off-street parking and loading requirements common to all districts, of this chapter.
A. 
Where two-family dwellings are permitted, they shall meet the following requirements:
(1) 
Such two-family dwelling shall contain at least 600 square feet of floor area within each dwelling unit.
B. 
Required parking shall be on site and shall not encroach on any yard or setback area.
C. 
Such duplex two-family dwelling shall comply with § 160-8.5, Dwellings: multiple occupancy.
The applicant shall demonstrate that there is adequate off-street parking and stacking room for cars lined up for funeral processions.
It shall be unlawful to operate a games arcade within any of the following restricted locations or premises:
A. 
Any area within a five-hundred-foot radius of any school.
B. 
Any open area, open court or other mandatory open portion on any lot, plot or premises.
C. 
Any area within a two-hundred-fifty-foot radius of any other games arcade, other than a bar or bar-restaurant.
D. 
Within or upon any place, premises or building, other than a bar or restaurant, in which any type of liquor or alcoholic beverage is or may be sold, offered for sale, purchased, dispensed, served or consumed or in which the same is permitted to be brought into or possessed in or upon any part or portion of such place, premises or building.
E. 
Within or upon any place, premises or building any part or portion of which is designed, constructed, altered, intended, used or maintained as or for a residential dwelling or apartment, whether or not the same shall be segregated from the remainder of such premises and whether or not the same shall be located on the same or a different floor of such building or premises as the remaining portion thereof.
A. 
The following standards shall apply to all premises defined as a motor vehicle repair facility or gasoline station:
(1) 
Vehicle lifts, dismantled automobiles, all parts or supplies, goods, materials, refuse, garbage or debris shall be located within a fully enclosed building when the business is not in operation.
(2) 
Gasoline or flammable oils shall be stored fully underground at least 20 feet from any street line or 35 feet from any lot line. Applicable standards and criteria detailed in any New York State or federal law or regulation which requires a greater restriction shall take precedence.
(3) 
Waste oils incidental to automotive service work in amounts of less than 300 gallons may be stored above the ground, provided that the materials are:
(a) 
Stored in enclosed containers consistent with approved New York State and federal regulations, away from all heat, sparks, flame or other sources which may cause the materials to ignite or explode.
(b) 
Stored in an enclosed building.
(c) 
Disposed of at regular intervals in a safe manner, consistent with approved New York State and federal regulations.
B. 
Any premises which include the sale of gasoline or other volatile, flammable or combustible fuel shall comply with the following additional standards:
(1) 
Entrance and exit drives:
(a) 
Shall have an unrestricted width of not less than 12 feet or more than 24 feet.
(b) 
Shall be located not nearer than 10 feet to any lot line.
(2) 
Station layout shall avoid the necessity of any vehicle backing into a public right-of-way.
(3) 
No fuel pump or aboveground storage tank shall be located nearer to any street line than required by New York State Uniform Fire Prevention and Building Code.
(4) 
Those establishments which sell gasoline or other flammable or combustible liquids in combination with a quick-stop retail food outlet shall:
(a) 
Ensure that adequate parking is available on the site for customers making purchases at the store but not buying gasoline. This parking area shall be located in a manner that does not interfere with the safe entry and exit of vehicles purchasing gasoline.
(b) 
Provide an enclosed trash dumpster for disposal of waste materials removed by store employees.
(c) 
Maintain trash receptacles for customer use on the premises.
Home occupations:
A. 
Shall be incidental to and shall not alter the primary use of the premises as a residence.
B. 
Shall not cause the premises to be altered from its residential character in a manner that includes, but is not limited to, the alteration of colors, materials, construction or lighting or the emission of light, noise, sounds, odors or vibration to accommodate such business.
C. 
Shall be conducted in the principal building or in an existing accessory structure by the resident.
D. 
Shall employ no more than two assistants not residing on the premises.
E. 
Shall not display any goods outside the building.
F. 
Shall store no equipment or materials outside the building.
G. 
The retail sale of goods or articles is permitted only if they are necessarily incidental to the service provided by the home occupation.
H. 
In the residential districts, no traffic shall be generated in greater volumes than would normally be expected in a residential neighborhood.
Subject to the provisions of § 160-14 of this Zoning Law, junkyards lawfully in existence prior to the adoption of this Zoning Law and the predecessor Zoning Ordinance may continue only as prior nonconforming uses subject to the following regulations:
A. 
Measurement of distance. Distance from the edge of the right-of-way or of the main traveled way shall be measured horizontally, along a line normal or perpendicular to the center line of the highway or street. Distance from an adjoining property shall be measured horizontally, along a line perpendicular to the property line. Distance from the industrial activity shall be measured horizontally, along a line normal or perpendicular to the nearest edge of the activity.
B. 
Regulated activities. No person, firm or corporation shall establish, operate or allow to exist a junkyard, as defined in § 160-20.2 of this Code, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any interstate or primary highway or street, as defined in § 160-20.2 of this Code, except the following:
(1) 
Those which are screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main traveled way of the interstate, primary highway system or street or from any adjacent property with a structure within 500 feet or otherwise removed from sight.
(2) 
Those which are not visible from the main traveled way of the interstate, primary highway system or street or from any adjacent property with a structure within 500 feet.
C. 
Area and setback requirements. Lot size shall be at least 50,000 square feet. Screening, with the exception of existing buildings, shall be placed a minimum of five feet from the right-of-way line of any interstate, primary highway or street, measured at right angles. Screening shall be placed a minimum of five feet from any adjoining lot line, measured at right angles.
D. 
Installation of screening shall be subject to site plan review limited to the issues of compliance with the provisions of this section.
E. 
Abatement of nonconforming facilities. Any junkyard established or allowed to exist in violation of this section shall be a public nuisance and shall be abated and removed in the manner provided by law.
F. 
Cost recovery. In the event that the Village takes action to abate a nonconforming junkyard as a public nuisance, the Village shall recover its costs of abatement, including litigation costs and attorneys' fees, from the owner of such a junkyard and its operator.
A. 
There shall be no manufacturing of toxic gases or chemicals.
B. 
There shall be no outdoor storage of materials, equipment, crates, or other items needed for the manufacturing process.
C. 
There shall be no noises, measured at any property line, exceeding 60 decibels between the hours of 7:00 a.m. and 9:00 p.m. or exceeding 50 decibels between the hours of 9:00 p.m. and 7:00 a.m.
D. 
No more than 20% of the floor area shall be used for retail sales.
A. 
The following standards shall apply to all premises defined as a livery/taxi service:
(1) 
Vehicle lifts, dismantled or unregistered automobiles, all parts or supplies, goods, materials, refuse, garbage or debris shall be located within a fully enclosed building when the business is not in operation.
(2) 
Gasoline or flammable oils shall be stored fully underground at least 20 feet from any street line or 35 feet from any lot line. Applicable standards and criteria detailed in any New York State or federal law or regulation which requires a greater restriction shall take precedence.
(3) 
Waste oils incidental to automotive service work in amounts of less than 300 gallons may be stored above the ground, provided that the materials are:
(a) 
Stored in enclosed containers consistent with approved New York State and federal regulations, away from all heat, sparks, flame or other sources which may cause the materials to ignite or explode.
(b) 
Stored in an enclosed building.
(c) 
Disposed of at regular intervals in a safe manner, consistent with approved New York State and federal regulations.
B. 
All parking shall be at the rear of the parcel.
C. 
Necessary vehicle maintenance shall be permitted on site.
A. 
A permit issued by the Code Enforcement Officer shall be required for the operator of any lunch wagon or diner not attached to a fixed and permanent foundation, subject to the following requirements:
(1) 
Application for such permit shall specify the location(s) and hours that the facility shall be open for business.
(2) 
The use shall not eliminate existing parking spaces required for other uses on the premises.
(3) 
Evidence of a valid permit issued by the Schoharie County Health Department.
(4) 
If to be operated on public streets, sidewalks or property, evidence of a peddler's permit issued by the Village Clerk.
B. 
Such lunch wagon or movable diner shall operate within the Village no more than six hours per day.
[Added 8-16-2011 by L.L. No. 6-2011[1]]
A. 
Oil changes/oil storage as per New York State law.
B. 
Tire changing.
C. 
All work done inside with doors closed.
D. 
All work to be done within normal business hours, not to exceed nine consecutive hours.
E. 
Annual review of special use permit or if any change in use, operation or facility (scope of repair shop).
F. 
Motorcycles only; no other recreational vehicles.
[1]
Editor’s Note: This local law also provided for the renumbering of former §§ 160-8.15 through 160-8.24 as §§ 160-8.16 through 160-8.25, respectively.
A. 
The facility shall provide evidence to the Village at regular intervals, not to exceed once each year, that it is a duly licensed New York State facility.
B. 
Adequate provision, as determined by the Code Enforcement Official, shall be made for the loading and unloading of children.
A. 
A permit issued by the Code Enforcement Officer shall be required for the establishment or conduct of any outdoor market, subject to the following requirements:
(1) 
The outdoor market shall be permitted to operate either:
(a) 
No more than 10 hours per day for a permit period not to exceed 10 consecutive days; or
(b) 
No more than six hours per day, two days per week, for a permit period not to exceed three consecutive calendar months.
(2) 
The outdoor market shall be seasonal in nature and shall not maintain year-round signs, facilities or structures.
(3) 
Adequate parking shall be available.
B. 
The permit shall be valid only for business hours and a permit period consistent with § 160-8.16A(1) above.
C. 
No more than two such market permits shall be issued for the same location, establishment or person in one calendar year.
D. 
A single temporary sign may be displayed only at the location of the market and only during business hours of the market. The sign shall be professional in appearance, nonilluminated and shall not exceed 30 inches wide by 48 inches high.
E. 
Upon expiration of the permit and on all days on which the outdoor market is closed for business, all signs, structures and facilities shall be removed from public view.
Radio and television antennas, except those customarily associated with residential radio and television reception, shall require that a certificate of compliance and a building permit be issued prior to installation. Dish antennas, whether associated with residential reception or not, shall require a certificate of compliance and a building permit. Furthermore, all antennas and towers shall comply with the following regulations:
A. 
All proposed towers and antennas shall be located a distance from any lot line equal to or greater than its height.
B. 
No dish antenna shall be permitted to be located within any established front or side yard.
C. 
Any guy anchorage or similar device shall be at least 10 feet from any property line.
D. 
Suitable protective anticlimb fencing shall be provided and maintained around any structure greater than 10 feet in height.
E. 
The applicant shall submit documentation of the possession of any required license by any federal, state or local agency with the application for any required permit
F. 
No antenna or antenna tower shall be in excess of a height equal to the distance from the base of the structure to the nearest overhead electrical power line which serves more than one dwelling, place of business or parcel.
G. 
Only one such structure shall exist at any one time on any residentially zoned and used lot.
H. 
The application for the permit must include construction drawings showing the proposed method of installation and a site plan depicting structures on the property and all adjacent properties.
I. 
If any modifications are made to an antenna or tower, the Code Enforcement Officer shall have the authority to require proof that any addition, change or modification is in conformity with the permit, the New York State Uniform Fire Prevention and Building Code and this chapter.
A. 
Two camping trailers, motor homes or boat trailers may be stored on a lot. At least one of such vehicles shall be stored in the rear yard or parking area.
B. 
Recreational vehicles shall not be used as living quarters for more than:
(1) 
Two consecutive weeks.
(2) 
Four weeks during any calendar year.
Residential garage sales shall:
A. 
Be registered with the Planning, Environment and Codes Enforcement Office.
B. 
Operate no more than 10 hours per day.
C. 
Operate for a permit period not to exceed 10 consecutive days.
D. 
Not maintain year-round signs, facilities or structures.
A restaurant or bar/tavern/nightclub fronting on a public sidewalk is permitted to operate a sidewalk cafe on the public sidewalk directly in front of the property of said restaurant or bar/tavern/nightclub only, subject to the following guidelines:
A. 
A sidewalk cafe shall be a sit-down-type dining and drinking facility.
B. 
A rope, chain or similar temporary and removable apparatus must enclose all sidewalk cafes to prevent patrons from interfering with pedestrian traffic.
C. 
No sidewalk cafe shall be permitted to operate earlier than 7:00 a.m. or later than 10:00 p.m.
D. 
During nonoperating hours, all chairs, tables, umbrellas, ropes, etc., shall be removed from the public sidewalk.
E. 
The public sidewalk used as a sidewalk cafe shall be thoroughly cleaned, by sweeping, mopping or otherwise, immediately upon closing the sidewalk cafe on any given day.
F. 
No garbage or trash shall be stored on the public sidewalk, in cans, bags or otherwise.
Outdoor aboveground storage of heating fuel, liquid propane or other flammable or combustible liquids used in the conduct of a commercial business as fuel for on-site consumption or for on-site sale to others shall be permitted only subject to the following requirements:
A. 
No aboveground storage tank for heating fuel, liquid propane or other flammable or combustible liquid shall be located closer than 20 feet to any street line or 10 feet to any lot line.
B. 
Any aboveground storage tank of any size located within 35 feet of any street line shall be protected from vehicle damage by appropriate barriers.
C. 
All such tanks shall be screened and/or landscaped to the extent satisfactory to the Planning Board.
All swimming pools shall comply with the following requirements:
A. 
No pool shall be located in any established front or side yard.
B. 
All pools shall be enclosed by a fence or a wall at least four feet in height, with the following exception: An aboveground pool with walls at least four feet in height and having retractable stairs which can be locked in place or otherwise secured does not require a fence or wall.
C. 
Adequate provisions for filling a pool shall be made, subject to written request to, and approval by, the Village Water Department.
D. 
Provisions shall be made so that draining of said pool shall be accomplished without the use of the Village sanitary sewer system.
A. 
A permit issued by the Code Enforcement Officer shall be required for the establishment or conduct of any outdoor market, subject to the following requirements:
(1) 
Sales shall be temporary and last no more than three days per sale, with no more than two sales per calendar year on the same parcel.
(2) 
The Code Enforcement Official's determination that adequate off-street parking exists on the sale site.
(3) 
Trucks shall not be left idling during sale or nonsale hours.
(4) 
Meets all sign permit requirements.
(5) 
Not less than seven days prior to commencement of the sale, submit to the Code Enforcement Official a complete application, to include:
(a) 
A copy of the vehicle registration.
(b) 
A copy of photo identification of the person responsible for conduct of the sale.
(c) 
Notarized permission from the owner for use of the site.
B. 
No permit shall be issued:
(1) 
For location(s) and hours that would result in two such facilities simultaneously in operation within 600 feet of each other.
(2) 
If such truckload sale will eliminate existing parking spaces required for other uses on the premises.
C. 
A single temporary sign may be displayed only at the location of the sale and only during business hours of the sale. The sign shall be professional in appearance and nonilluminated and shall not exceed 30 inches wide by 48 inches high.
A. 
If premises used as a Village hotel contains more than 10 sleeping rooms for transient guests, off-street parking in accordance with § 160-9.2 of this chapter shall be provided on site or within 400 feet of the entrance of the hotel at another accessible location under ownership or long-term lease.
B. 
All buildings in the aggregate shall not result in lot coverage greater than 60%.
C. 
There shall be no primary site access from a residential street.
D. 
Any outdoor storage and/or trash dumpster(s) shall be fully enclosed and screened.
E. 
There shall be no vending machines located outside of structures.
Due to the visual prominence of parking lots in many developments and commercial establishments, the Village has identified the need to regulate the appearance and design of parking lots. Off-street parking spaces shall be provided for all commercial and community uses and are subject to the requirements of this § 160-9.
A. 
Use and parking guidelines.
(1) 
The number of parking spaces shall be based on the need to protect public safety and convenience while minimizing harm to the character of the community and to environmental, historic and scenic resources. Parking requirements are based on the specific operational characteristics of proposed uses. The Planning Board shall determine the necessary parking for any proposed use, considering the following:
(a) 
The maximum number of persons driving to the use at times of peak usage. Parking spaces shall be sufficient to satisfy 85% of the anticipated peak demand, including patrons and employees.
(b) 
The size of the structure and the site.
(c) 
For reduced numbers of parking spaces, supporting documentation, as described below, provided by the developer:
[Amended 4-20-2010 by L.L. No. 2-2010]
[1] 
A site plan (to scale) which illustrates the entire requested number of spaces, layout, and associated infrastructure.
[2] 
A written narrative detailing the reasons or circumstances that required numbers of spaces are not necessary for the proposed land use.
[3] 
Details and notes of other relevant issues which should be considered when reviewing the reduction request, including but not limited to environmental impacts, proximity to residential uses, impacts to historic areas or other resources and lighting.
[4] 
The recommendation of the Code Enforcement Officer.
(d) 
The use and parking guidelines in the following table.
(2) 
Areas which may be computed as open or enclosed off-street parking spaces include:
(a) 
Any private garage or carport available for parking.
(b) 
A driveway within a front yard for a one- or two-family residence which may count as one parking space.
(c) 
Any parking area under common ownership or lease with the principal use located within 400 feet of the main entrance of such parking area. Such vehicle parking area shall be deemed to be required open space associated with the permitted use and shall not be encroached upon.
Use
Parking Guidelines
Bed-and-breakfast
1 space per guest room
Boardinghouse and rooming house
1 space per guest room
Church or other place of public assembly
1 space per 3 seats or 50-square-foot seating area where fixed
Coin-operated laundry
1 space per 2 machines for customer use
Commercial outside the Central Business District
1 space per 225 square feet of gross floor space
Duplex dwelling
2 spaces per dwelling unit
Dwelling townhome
[Added 4-15-2008 by L.L. No. 3-2008]
1.5 spaces per dwelling unit
Eating and drinking places outside the Central Business District
1 space per 50 square feet available to patrons
Funeral homes
1 space per 20 square feet of public room
Home occupation
1 space per nonresident employee plus sufficient spaces for anticipated client traffic in addition to residential requirements
Industrial uses
1 space per 1.5 employees at the largest shift
Medical clinic
1 space per employee, plus 4 for each doctor, dentist or other primary service provider
Motel
1 space per guest room, plus 1/3 space for each employee
Motor vehicle repair facility or gasoline station
1 space per employee, plus 2 spaces for each service bay
Multiple-family dwelling
1.5 spaces per dwelling unit
Nursing home
1 space per 4-bed capacity, plus 1 for each 1.5 employees on the largest shift
Offices outside the Central Business District
1 space per 400 square feet of gross floor area
Rest home
1 space per 2 residents, plus 1 for each 1.5 employees on the largest shift
Schools
One space per 12 classroom seats or the public assembly requirements above,[1] whichever is greater
Single-family dwelling
2 spaces
Student residence off-street parking
[Added 5-19-2015 by L.L. No. 4-2015]
1 space per person in a student residence
[1]
Editor's Note: See “Church or other place of public assembly” in the Use column.
B. 
Parking lot design common to all districts.
(1) 
All parking areas shall be properly drained and shall be provided with a surface that minimizes dust, such as paving, crushed stone or gravel.
(2) 
Each parking space in a parking lot shall be a minimum of nine feet wide by 19 feet deep and shall be served by an aisle not less than 20 feet wide.
(3) 
Individual spaces shall be designated by striping where the parking area is paved, except for parking spaces accessory to one- or two-family dwellings.
(4) 
For parking areas along lot lines bordering residential uses, the parking lot shall be screened. Refer to § 160-11, Lighting, and § 160-13, Landscaping.
(5) 
Parking lots containing more than six spaces shall be fully screened from all adjacent residential properties.
(6) 
Parking lots containing 16 or more spaces shall be landscaped as follows wherever feasible:
(a) 
Parking lots shall be internally landscaped to provide shade and visual relief.
(b) 
Curbed islands or peninsulas within the perimeter of the parking lot shall be planted.
(7) 
Parking lots containing 32 or more parking spaces shall have interior landscaping of at least one tree per eight spaces.
(8) 
Curb cuts and driveways.
(a) 
Entrance and exit lanes shall not be computed as parking spaces, except for driveways of one- and two-family residences, as in § 160-9.2A(2)(b) above.
(b) 
No curb cut shall be within 50 feet of an intersection.
(c) 
Unobstructed access to and from a street shall be provided.
[1] 
Access drives shall be of sufficient width to permit the free flow of cars both entering and leaving the parking area.
[2] 
Access drives for any off-street parking area with a capacity of more than four spaces shall be located in a manner which ensures traffic safety and shall be subject to site plan review by the Planning Board.
[3] 
Access drives shall not have a grade in excess of 6% within 25 feet of any street line nor 10% at any other point.
(d) 
Access to the parking lot shall be one two-way curb cut or two curb cuts with one cut to provide ingress only and the second cut to provide egress only.
(e) 
In no case shall the curb cut for any commercial use be greater than 14 feet in width for one-way access or 24 feet in width for two-way access, with adjustment for curb radii.
(f) 
Corners.
[1] 
Where sites are located at a corner, access shall be provided by a single curb cut that shall be one-way, and an additional access shall also be provided from the secondary street.
[2] 
To minimize traffic impact, ingress shall be from a rear access street where feasible, rather than from multiple curb cuts.
(g) 
Curb cuts shall be separated by a minimum distance of 50 feet.
(h) 
Where interrupted by curb cuts, the continuity of sidewalk surfaces shall be maintained where the driveway material is interrupted.
(9) 
Except for new or used vehicle sale lots where permitted, no more than one vehicle not in current registration shall be stored outdoors, and all such vehicles shall be screened from neighboring properties.
C. 
Off-street loading guidelines.
(1) 
Off-street loading shall be provided for all uses and shall be in accordance with the following guidelines where feasible:
Gross Floor Area
(square feet)
Off-Street Loading Guidelines
Less than 8,000
None
Between 8,000 and 25,000
1
Each additional 25,000 or fraction thereof up to 100,000
1
Each additional 50,000 or fraction thereof over 100,000
1
(2) 
All permitted or required loading berths shall comply with the following:
(a) 
Shall be on the same lot as the use to which they are accessory, except as provided in Subsection C(2)(c) below.
(b) 
No off-street loading berth shall be located in any established front yard.
(c) 
Joint facilities. Permitted or required loading berths may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the aggregate of those required for participating uses.
A. 
Parking lots shall be provided at the rear of the building unless side parking is the only feasible location. Side parking lots shall be fully screened from public view. Refer to § 160-13, Landscaping.
B. 
No parking shall be allowed in the established front yard of any use in any residential district, except in the driveway of a one- or two-family residence.
Currently existing on-street parking and parking in public or private parking lots within the Central Business District shall count toward satisfying the parking needs for uses in the Central Business District.
A. 
Parking lots shall be provided at the rear of the building unless side parking is the only feasible location. Side parking lots shall be fully screened from public view. Refer to § 160-13, Landscaping.
B. 
Drive-in or drive-through facilities.
(1) 
Street access points and queuing areas shall be sited in a manner which does not create safety hazards to pedestrians or motorists and which does not increase traffic congestion on existing streets.
(2) 
The parking area shall be located between the building and the queuing lane, wherever possible.
(3) 
The drive-through window shall be located such that the maximum anticipated vehicle queue awaiting service shall not extend beyond the front facade of the building.
C. 
Adjacent developments shall have mutual access via internal driveway links, in order to facilitate traffic and control access on the main road. Applicants shall provide, at the time of permitting, cross-access easements for adjacent lots with interconnected parking.
A. 
Adjacent developments shall have mutual access via internal driveway links in order to facilitate traffic and control access on the main road. Applicants shall provide, at the time of permitting, cross-access easements for adjacent lots with interconnected parking.
B. 
Drive-in or drive-through facilities.
(1) 
Street access points and queuing areas shall be sited in a manner that does not create safety hazards to pedestrians or motorists and that does not increase traffic congestion on existing streets.
(2) 
Wherever possible, the parking area shall be located between the building and the queuing lane.
(3) 
The drive-through window shall be located such that the maximum anticipated vehicle queue awaiting service shall not extend beyond the front facade of the building.
A. 
Currently existing on-street parking within the Mixed Use District 1 shall count towards satisfying the parking requirements for uses in this district. However, the total on- and off-street parking for commercial uses within this district shall not exceed one space per 300 square feet of commercial building use. On-street parking in the Mixed Use District 2 (MacArthur Avenue) shall be allowed only on one side of the street.
B. 
Adjacent developments shall have mutual access via internal driveway links in order to facilitate traffic and control access on the main road. Applicants shall provide, at the time of permitting, cross-access easements for adjacent lots with interconnected parking.
C. 
Drive-in or drive-through facilities.
(1) 
Street access points and queuing areas shall be sited in a manner that does not create safety hazards to pedestrians or motorists and that does not increase traffic congestion on existing streets.
(2) 
Wherever possible, the parking area shall be located between the building and the queuing lane.
(3) 
The drive-through window shall be located such that the maximum anticipated vehicle queue awaiting service shall not extend beyond the front facade of the building.
Adjacent developments shall have mutual access via internal driveway links in order to facilitate traffic and control access on the main road. Applicants shall provide, at the time of permitting, cross-access easements for adjacent lots with interconnected parking.
The purpose of this § 160-10 is to regulate existing and proposed signs in order to:
A. 
Direct the public to activities and enterprises.
B. 
Enhance and protect the physical appearance and character of the Village of Cobleskill consistent with the Comprehensive Plan.
C. 
Create and promote an attractive business climate.
D. 
Protect and enhance property values.
E. 
Reduce possible traffic and safety hazards.
A. 
Permits required. Except as otherwise provided in this Code, it shall be unlawful for any person to erect, alter, locate, relocate, move, enlarge, or reconstruct a sign visible from any public street, sidewalk or parking area without first obtaining a sign permit by the Code Enforcement Officer.
(1) 
Each application for a sign permit shall include the following:
(a) 
The name of the sign owner.
(b) 
The party responsible for maintenance of the sign.
(c) 
A scale drawing of the sign showing:
[1] 
Type of sign.
[2] 
Dimensions.
[3] 
Materials.
[4] 
Method and style of illumination.
[5] 
Method of structural support and letter sizes.
[6] 
Colors.
(d) 
A drawing or photograph showing:
[1] 
The sign's location on the land or building in relation to existing buildings, roadways, driveways, sidewalks.
[2] 
Any other signs existing on the parcel.
(e) 
The Village may ask for additional information reasonably related to the application.
(2) 
For signs that will be erected in connection with, and within one year of completion of, a project requiring site plan approval, the Planning Board will provide sign approval according to the site plan review process.
(3) 
If site plan approval is not required for an application:
(a) 
Signs shall be approved and permitted by the CEO in accordance with the provisions of this § 160-10.
(b) 
A completed application for a permanent sign permit shall be acted upon within 30 business days by the CEO and if not denied within such time shall be deemed permitted.
(4) 
If, at any time after a sign application is approved, there is a change in ownership of the property related to the sign, a new sign application must be filed by the owner of the property or other responsible party.
B. 
Fees.
(1) 
Except as may be otherwise provided herein, no sign permit, temporary or permanent, shall be issued until the application fee is paid to the Village Clerk. The amounts of such fees shall be established and revised from time to time by the Village of Cobleskill Board of Trustees.
(2) 
The fee shall be doubled where a sign has been erected or placed upon the premises prior to obtaining the required permit, but the payment of such fee shall not release any person from duly complying with all requirements of this chapter.
C. 
Revocation of permit. The CEO may at any time for a violation of this chapter revoke any sign permit. Notice of such revocation and the reason therefor, in writing, shall be served by the CEO upon the person named in the application by mailing the same to the address given in the application and upon the last known owner of the premises on which the sign is placed by mailing the same to his last known address as shown on the assessment roll of the Village. If a sign is not removed within five days of the service of such revocation, the CEO is authorized to cause the removal of the sign. The cost of the removal shall be borne by the owner of the property on which such sign was erected and shall become a lien upon such property until paid.
D. 
Exemptions. The following signs shall be exempt from the sign area and permit requirements of this § 160-10:
(1) 
Nonilluminated signs not exceeding one square foot in area and bearing only property numbers, postbox numbers, or names of occupants of premises.
(2) 
Legal notices, identification, information or directional signs erected by governmental bodies.
(3) 
Theater marquees.
(4) 
One nonilluminated occupational sign denoting only the name and profession of an occupancy in a commercial building or dwelling and not exceeding one square foot in area and attached directly to the building.
(5) 
Signs prohibiting hunting, fishing or trespassing.
(6) 
Signs not exceeding eight square feet in area displaying only gasoline price information and permanently attached to a building, pump island, freestanding sign or the ground and located at least 15 feet from the curbline or edge of pavement.
(7) 
Commemorative plaques such as those used for memorial signs and historical building name register signs.
(8) 
Signs that appear on the interior of a structure, including but not limited to internal stadium signs.
(9) 
LED signs located in the canopy of a gas station, for gas prices only, that are under 5.5 square feet, limited to one sign.
[Added 9-16-2014 by L.L. No. 3-2014]
A. 
Sign area calculation.
(1) 
The area of a sign shall be determined by the smallest rectangle that encompasses all the letters or symbols which form an integral part of the display.
(2) 
The area of a two-sided sign shall be the smallest rectangle that encompasses all the letters or symbols which form an integral part of the larger of the two displays.
B. 
Sign restrictions.
(1) 
No more than one freestanding sign shall be allowed per parcel.
(2) 
No more than one perpendicular sign shall be allowed per business.
[Amended 12-15-2015 by L.L. No. 7-2015]
(3) 
The total area of all signs shall not exceed the total allowable sign area.
(4) 
The maximum letter height for all freestanding signs within 36 feet of the curbline shall be as follows:
(a) 
Where the legal speed limit is 30 miles per hour or lower, letter height shall be no greater than eight inches.
(b) 
Where the legal speed limit is 40 miles per hour, letter height shall be no greater than 10 inches.
(c) 
Where the legal speed limit is 45 miles per hour or higher, letter height shall be no greater than 12 inches.
(5) 
Where freestanding signs are located beyond 36 feet from the curbline, the maximum letter height may be increased one inch for each additional 10 feet of setback.
(6) 
Internally illuminated signs, logos and graphics are prohibited.
(7) 
External sign illumination shall not shine directly onto residential properties. In addition, reflected light (light trespass) shall not exceed five footcandles at any point beyond the property line.
(8) 
Attached signs shall not extend above the eave line or building face, except in the case of a mansard roof extending down to the top of the first-floor facade.
(9) 
No sign shall create a traffic or pedestrian hazard.
(10) 
No signs shall appear to regulate traffic, to warn, or to resemble official traffic signs, signals or devices.
(11) 
No sign or promotional device, including flags and pennants, shall move or flash or include any device on which the artificial light is not maintained stationary and constant in intensity and color at all times, except one single cloth flag per business establishment.
(12) 
The outlining by direct or internal illumination of all or part of a building, structure, or landscaping element, including but not limited to an awning, gable, roof, wall, side or corner, tree, or shrub, is prohibited.
(13) 
No exterior sign, except for window graphics, shall cover any window, nor shall any sign block any door or fire exit.
(14) 
Portable signs are prohibited in all districts.
(15) 
All signs associated with a business shall be removed within 30 days after cessation of the business.
C. 
Temporary signs. Temporary signs are permitted with the following provisions:
(1) 
Temporary signs, banners or posters may be displayed only if a temporary sign permit has been issued.
(2) 
Temporary signs shall be no larger than 16 square feet in area. Temporary window graphics or signs, such as those advertising sales, special promotions and the like, may occupy no more than 20% of the total window area. Temporary signs, other than political signs, may be displayed a maximum of five days before the event, up to five days during the event, and not more than four days after the event.
(3) 
Not more than three temporary sign permits shall be issued in any calendar year per business.
(4) 
No temporary sign shall exceed 16 square feet nor be located in any manner which creates a public hazard or disturbance.
(5) 
Temporary signs may not be hung in such a manner as to impair or impede sight distances.
(6) 
Temporary signs must be removed within 48 hours after the expiration of the permit. There will be a penalty, as determined by the Village of Cobleskill Board of Trustees, for each day said sign is not removed after expiration of the permit. Alternatively, the Code Enforcement Officer is authorized to cause the removal of the sign. The cost of the removal shall be borne by the owner of the property on which such sign was erected and shall become a lien upon such property until paid.
D. 
Sandwich board signs.
(1) 
These standards are designed to provide an avenue for commercial establishments to effectively communicate with the pedestrian public while maintaining an orderly and attractive streetscape. Sandwich board signs:
(a) 
May be located only in the Central Business District, the General Business District, and the Combined Residential Business Overlay District.
(b) 
May be put out only during "open" hours of the business advertised.
(c) 
Shall not obstruct the free use of the sidewalk for pedestrian traffic or Village maintenance.
(d) 
Shall be a maximum of 30 inches wide by 48 inches high.
(e) 
Shall not be illuminated either directly or indirectly.
(f) 
May be shared by two or more businesses.
(g) 
Shall only be on the same property as the business advertised.
(2) 
No business shall have more than one sandwich board sign.
E. 
Maintenance and safety of signs.
(1) 
It shall be the responsibility of the property owner and/or the person responsible for the sign to ensure that all signs placed on his property:
(a) 
Are installed in compliance with § 160-10.
(b) 
Are maintained in a safe and presentable condition.
(c) 
Representing establishments no longer on the premises shall be removed within 30 days from the date that the establishment ceases to do business on the property, as provided for in § 160-10.3B(15).
(2) 
No sign shall create a public hazard.
(3) 
Unsafe signs. Should a sign be or become insecure or in danger of falling or otherwise unsafe as determined by the Code Enforcement Official, the owner thereof or the person maintaining the same shall, upon receipt of written notice from the Code Enforcement Official and in any case within five days thereafter, secure the same in a manner to be approved by the Code Enforcement Official. If such order is not complied with, the Code Enforcement Official is hereby authorized to cause removal of the unsafe sign, and the owner of the building, structure or premises on which such sign is located shall pay any expense thereby incurred. When any sign is in such dangerous condition as to be immediately dangerous to the safety of the public, the Code Enforcement Official is hereby authorized to take such action as in his opinion shall be necessary to protect the public or property. The owner of the property on which such sign was erected shall bear the cost of the removal, and the cost shall become a lien upon such property until paid.
F. 
Prior existing nonconforming uses. All permanent signs that are located in the Village of Cobleskill and were, at the time of the enactment of this chapter in violation of the Code of the Village of Cobleskill, shall be treated as prior nonconforming uses and shall be permitted to stay without being in violation of this Code. Owners of said signs shall be permitted to repair, reletter, or rename them, so long as the repair or relettering does not expand the area of the sign. Nothing in this section shall be construed so as to allow new construction of a sign that does not conform to the rules and regulations as described in this Code.
[Amended 4-19-2016 by L.L. No. 2-2016]
G. 
Temporary signs used to advertise the fact that an item is on sale shall be exempt from the requirement of obtaining a temporary sign permit, provided that the sign is placed in a window and only visible for one week or less.
[Added 9-16-2014 by L.L. No. 3-2014]
A. 
Signs shall be no larger than three square feet.
B. 
No signs shall be illuminated either externally or internally.
C. 
Signs identifying commercial uses or home occupations located in any residential district shall be subject to all sign requirements, limitations and prohibitions applicable to the Central Business District as described in § 160-10.5, Central Business (CB) District, except as noted in § 160-10.4A and B above.
A. 
Parallel.
(1) 
The maximum sign area shall be 1.2 square feet per linear foot of two highly visible sides of the building, highly visible from the street.
[Amended 12-15-2015 by L.L. No. 7-2015]
(2) 
Individual nameplates, measuring one square foot or less, may be attached in a coordinated manner located on the first floor to identify businesses located on the upper floors.
(3) 
The maximum sign height shall be two feet.
(4) 
Signs shall project a maximum of 12 inches from the face of the building.
B. 
Perpendicular.
(1) 
The maximum sign area shall be 12 square feet.
(2) 
Clearance from ground.
(a) 
Signs shall have a minimum clearance of 8 1/2 feet from the ground or sidewalk and may project out from the building for four feet or 1/3 of the sidewalk width, whichever is less.
(b) 
If the sign can be hung so it is protected by a pedestrian barrier, such as a railing, wall, planter or similar barrier (not erected on the public right-of-way) and will not pose a hazard to pedestrians, it may be hung with a clearance of less than 8 1/2 feet.
C. 
Permanent window graphics.
(1) 
Permanent window graphics:
(a) 
Shall occupy not more than 20% of the total window area if applied on a background color.
(b) 
Shall occupy not more than 50% of the total window area if applied with no background color.
(2) 
In buildings where business or professional offices occupy upper floors, such business or professional offices may display window graphics as allowed under these regulations.
D. 
Freestanding pole-mounted and ground-supported.
(1) 
The maximum sign area shall be 12 square feet.
(2) 
The maximum sign height, measured vertically from ground elevation to the highest point of the sign, shall be:
(a) 
Nine feet for any freestanding pole-mounted sign.
(b) 
Seven feet for any ground-supported sign integrally mounted upon a planter which is not less than two feet in height.
(c) 
Six feet for any other ground-supported sign.
(3) 
All freestanding pole-mounted and ground-supported signs shall be located 10 feet or more from the curbline.
(4) 
Freestanding structures which represent a business or corporate logo, trademark, symbol or other commercial representation other than a company name or product shall be considered freestanding ground-supported or pole-mounted signs and shall be subject to the number, height, area and setback requirements stated herein.
E. 
Retractable awning. Wording or symbols to identify a business may be included on a retractable awning and shall not be included in the calculation of the total sign area allowed to that business, provided that no perpendicular sign is used.
F. 
Sandwich board sign: shall not extend more than 36 inches from the face of the building.
A. 
Parallel.
(1) 
The maximum sign area shall be 1.2 square feet per linear foot of two highly visible sides of the building, highly visible from the street.
[Amended 12-15-2015 by L.L. No. 7-2015]
(2) 
Individual nameplates, measuring one square foot or less, may be attached in a coordinated manner located on the first floor to identify businesses located on the upper floors.
(3) 
Signs shall project no more than 12 inches from the face of the building.
(4) 
The maximum sign height shall be three feet.
[Added 9-16-2014 by L.L. No. 3-2014]
B. 
Perpendicular.
(1) 
The maximum sign area shall be 12 square feet plus an additional four square feet for each additional business on the same parcel and advertised on the same sign, up to a maximum total of 20 square feet.
(2) 
Clearance from ground.
(a) 
Signs shall have a minimum clearance of 8 1/2 feet from the ground or sidewalk and may project out from the building for four feet or 1/3 the sidewalk width, whichever is less.
(b) 
If the sign can be hung so it is protected by a pedestrian barrier, such as a railing, wall, planter or similar barrier (not erected on the public right-of-way) and will not pose a hazard to pedestrians, it may be hung with a clearance of less than 8 1/2 feet.
C. 
Permanent window graphics.
(1) 
Permanent window graphics:
(a) 
Shall occupy not more than 20% of the total window area if applied on a background color.
(b) 
Shall occupy not more than 50% of the total window area if applied with no background color.
(2) 
In buildings where upper floors are occupied by business or professional offices, such business or professional offices may display window graphics as allowed under these regulations.
D. 
Freestanding pole-mounted and ground-supported.
(1) 
The maximum sign area shall be 20 square feet for a single business, plus an additional five square feet for each additional business on the same property advertised on the same sign.
(2) 
The maximum sign height, measured vertically from ground elevation to the highest point of the sign, shall be:
(a) 
Nine feet for any freestanding pole-mounted sign.
(b) 
Seven feet for any ground-supported sign integrally mounted upon a planter which is not less than two feet in height.
(c) 
Six feet for any other ground-supported sign.
(3) 
All freestanding pole-mounted and ground-supported signs shall be located 10 feet or more from the curbline.
(4) 
Freestanding structures which represent a business or corporate logo, trademark, symbol or other commercial representation other than a company name or product shall be considered freestanding ground-supported or pole-mounted signs and shall be subject to the number, height, area and setback requirements stated herein.
E. 
Retractable awning. Wording or symbols to identify a business may be included on a retractable awning and shall not be included in the calculation of the total sign area allowed to that business, provided that no perpendicular sign is used.
F. 
Sandwich board sign: shall be located between the sidewalk and the business it advertises.
A. 
Parallel.
(1) 
The maximum sign area shall be 1.2 square feet per linear foot of two highly visible sides of the building, highly visible from the street.
[Amended 12-15-2015 by L.L. No. 7-2015]
(2) 
Individual nameplates, measuring one square foot or less, may be attached in a coordinated manner located on the first floor to identify businesses located on the upper floors.
(3) 
The maximum sign height shall be three feet.
(4) 
Signs shall project a maximum of 12 inches from the face of the building.
B. 
Perpendicular.
(1) 
The maximum sign area shall be 12 square feet plus an additional four square feet for each additional business on the same parcel and advertised on the same sign, up to a maximum total of 20 square feet.
(2) 
Clearance from ground.
(a) 
Signs shall have a minimum clearance of 8 1/2 feet from the ground or sidewalk and may project out from the building for four feet or 1/3 the sidewalk width, whichever is less.
(b) 
If the sign can be hung so it is protected by a pedestrian barrier, such as a railing, wall, planter or similar barrier (not erected on the public right-of-way) and will not pose a hazard to pedestrians, it may be hung with a clearance of less than 8 1/2 feet.
C. 
Permanent window graphics.
(1) 
Permanent window graphics:
(a) 
Shall occupy not more than 20% of the total window area if applied on a background color.
(b) 
Shall occupy not more than 50% of the total window area if applied with no background color.
(2) 
In buildings where upper floors are occupied by business or professional offices, such business or professional offices may display window graphics as allowed under these regulations.
D. 
Freestanding pole-mounted and ground-supported.
(1) 
Maximum sign area shall be 40 square feet for one business plus an additional 10 square feet for each additional business on the same property advertised on the same sign.
(2) 
The maximum sign height, measured vertically from ground elevation to the highest point of the sign, shall be:
(a) 
Twenty feet for any freestanding pole-mounted sign.
(b) 
Eight feet for any ground-supported sign integrally mounted upon a planter which is not less than two feet in height.
(c) 
Nine feet for any other ground-supported sign.
(3) 
All freestanding pole-mounted and ground-supported signs shall be located 10 feet or more from the curbline.
(4) 
Freestanding structures which represent a business or corporate logo, trademark, symbol or other commercial representation other than a company name or product shall be considered freestanding ground-supported or pole-mounted signs and shall be subject to the number, height, area and setback requirements stated herein.
E. 
Retractable awning. Wording or symbols to identify a business may be included on a retractable awning and shall not be included in the calculation of the total sign area allowed to that business, provided that no perpendicular sign is used.
[Amended 1-19-2010 by L.L. No. 1-2010]
A. 
Parallel.
(1) 
The maximum sign area shall be 1.2 square feet per linear foot of two highly visible sides of the building, highly visible from the street.
[Amended 12-15-2015 by L.L. No. 7-2015]
(2) 
Individual nameplates, measuring one square foot or less, may be attached in a coordinated manner located on the first floor to identify businesses located on the upper floors.
(3) 
Signs shall project no more than 12 inches from the face of the building.
B. 
Perpendicular.
(1) 
The maximum sign area shall be 12 square feet plus an additional four square feet for each additional business on the same parcel and advertised on the same sign, up to a maximum total of 20 square feet.
(2) 
Clearance from ground.
(a) 
Signs shall have a minimum clearance of 8 1/2 feet from the ground or sidewalk and may project out from the building for four feet or 1/3 the sidewalk width, whichever is less.
(b) 
If the sign can be hung so it is protected by a pedestrian barrier, such as a railing, wall, planter or similar barrier (not erected on the public right-of-way) and will not pose a hazard to pedestrians, it may be hung with a clearance of less than 8 1/2 feet.
C. 
Permanent window graphics.
(1) 
Permanent window graphics:
(a) 
Shall occupy not more than 20% of the total window area if applied on a background color.
(b) 
Shall occupy not more than 50% of the total window area if applied with no background color.
(2) 
In buildings where business or professional offices occupy upper floors, such business or professional offices may display window graphics as allowed under these regulations.
D. 
Freestanding pole-mounted and ground-supported.
(1) 
The maximum sign area shall be 20 square feet for a single business, plus an additional five square feet for each additional business on the same property advertised on the same sign.
(2) 
The maximum sign height, measured vertically from ground elevation to the highest point of the sign, shall be:
(a) 
Nine feet for any freestanding pole-mounted sign.
(b) 
Seven feet for any ground-supported sign integrally mounted upon a planter which is not less than two feet in height.
(c) 
Six feet for any other ground-supported sign.
(3) 
All freestanding pole-mounted and ground-supported signs shall be located 10 feet or more from the curbline.
(4) 
Freestanding structures which represent a business or corporate logo, trademark, symbol or other commercial representation other than a company name or product shall be considered freestanding ground-supported or pole-mounted signs and shall be subject to the number, height, area and setback requirements stated herein.
E. 
Retractable awning. Wording or symbols to identify a business may be included on a retractable awning and shall not be included in the calculation of the total sign area allowed to that business, provided that no perpendicular sign is used.
A. 
Parallel.
(1) 
The maximum sign area shall be 1.2 square feet per linear foot of two highly visible sides of the building, highly visible from the street.
[Amended 12-15-2015 by L.L. No. 7-2015]
(2) 
Individual nameplates, measuring one square foot or less, may be attached in a coordinated manner located on the first floor to identify businesses located on the upper floors.
(3) 
The maximum sign height shall be three feet.
(4) 
Signs shall project a maximum of 12 inches from the face of the building.
B. 
Perpendicular.
(1) 
The maximum sign area shall be 12 square feet plus an additional four square feet for each additional business on the same parcel and advertised on the same sign, up to a maximum total of 20 square feet.
(2) 
Clearance from ground.
(a) 
Signs shall have a minimum clearance of 8 1/2 feet from the ground or sidewalk and may project out from the building for four feet or 1/3 the sidewalk width, whichever is less.
(b) 
If the sign can be hung so it is protected by a pedestrian barrier, such as a railing, wall, planter or similar barrier (not erected on the public right-of-way) and will not pose a hazard to pedestrians, it may be hung with a clearance of less than 8 1/2 feet.
C. 
Permanent window graphics.
(1) 
Permanent window graphics:
(a) 
Shall occupy not more than 20% of the total window area if applied on a background color.
(b) 
Shall occupy not more than 50% of the total window area if applied with no background color.
(2) 
In buildings where business or professional offices occupy upper floors, such business or professional offices may display window graphics as allowed under these regulations
D. 
Freestanding pole-mounted and ground-supported.
(1) 
Maximum sign area shall be 40 square feet for one business plus an additional 10 square feet for each additional business on the same property advertised on the same sign.
(2) 
The maximum sign height, measured vertically from ground elevation to the highest point of the sign, shall be:
(a) 
Twenty feet for any freestanding pole-mounted sign.
(b) 
Eight feet for any ground-supported sign integrally mounted upon a planter which is not less than two feet in height.
(c) 
Seven feet for any other ground-supported sign.
(3) 
All freestanding pole-mounted and ground-supported signs shall be located 10 feet or more from the curbline.
(4) 
Freestanding structures which represent a business or corporate logo, trademark, symbol or other commercial representation other than a company name or product shall be considered freestanding ground-supported or pole-mounted signs and shall be subject to the number, height, area and setback requirements stated herein.
E. 
Retractable awning. Wording or symbols to identify a business may be included on a retractable awning and shall not be included in the calculation of the total sign area allowed to that business, provided that no perpendicular sign is used.
A. 
Permanent signs.
(1) 
Parallel.
(a) 
The maximum sign area shall be 1.2 square feet per linear foot of building frontage.
(b) 
Individual nameplates, measuring one square foot or less, may be attached in a coordinated manner located on the first floor to identify businesses located on the upper floors.
(c) 
Signs shall project no more than 12 inches from the face of the building.
(2) 
Perpendicular.
(a) 
The maximum sign area shall be 12 square feet plus an additional four square feet for each additional business on the same parcel and advertised on the same sign, up to a maximum total of 20 square feet.
(b) 
Clearance from ground.
[1] 
Signs shall have a minimum clearance of 8 1/2 feet from the ground or sidewalk and may project out from the building for four feet or 1/3 the sidewalk width, whichever is less.
[2] 
If the sign can be hung so it is protected by a pedestrian barrier, such as a railing, wall, planter or similar barrier (not erected on the public right-of-way) and will not pose a hazard to pedestrians, it may be hung with a clearance of less than 8 1/2 feet.
(3) 
Permanent window graphics.
(a) 
Permanent window graphics:
[1] 
Shall occupy not more than 20% of the total window area if applied on a background color.
[2] 
Shall occupy not more than 50% of the total window area if applied with no background color.
(b) 
In buildings where upper floors are occupied by business or professional offices, such business or professional offices may display window graphics as allowed under these regulations.
(4) 
Freestanding pole-mounted and ground-supported.
(a) 
The maximum sign area shall be 20 square feet for a single business, plus an additional five square feet for each additional business on the same property advertised on the same sign.
(b) 
The maximum sign height, measured vertically from ground elevation to the highest point of the sign, shall be:
[1] 
Nine feet for any freestanding pole-mounted sign.
[2] 
Seven feet for any ground-supported sign integrally mounted upon a planter which is not less than two feet in height.
[3] 
Six feet for any other ground-supported sign.
(c) 
All freestanding pole-mounted and ground-supported signs shall be located 10 feet or more from the curbline.
(d) 
Freestanding structures which represent a business or corporate logo, trademark, symbol or other commercial representation other than a company name or product shall be considered freestanding ground-supported or pole-mounted signs and shall be subject to the number, height, area and setback requirements stated herein.
B. 
Retractable awning. Wording or symbols to identify a business may be included on a retractable awning and shall not be included in the calculation of the total sign area allowed to that business, provided that no perpendicular sign is used.
C. 
Temporary signs. Temporary signs located in the Fairgrounds District and associated with fairgrounds-sponsored events shall be exempt from Village sign regulations.
A. 
Signs shall be no larger than three square feet.
B. 
No signs shall be illuminated either externally or internally.
C. 
Signs identifying commercial uses or home occupations located in the Combined Residential Business Overlay District shall be subject to all sign requirements, limitations and prohibitions applicable to the Central Business District as described in § 160-10.5, except as noted in § 160-10.11A and B above.
D. 
Sandwich board sign: shall be located between the sidewalk and the business it advertises.
This § 160-11 sets criteria for providing lighting in outdoor public places where safety and security are concerns. It also provides for criteria to protect drivers and pedestrians from disabling glare from nonvehicular light sources that might otherwise shine directly into their eyes and thereby impair safe travel and to protect neighbors from nuisance glare from poorly aimed or poorly shielded light sources.
A. 
Illumination.
(1) 
On-site lighting shall be fully shielded and located to avoid harsh glares. All outdoor fixtures installed and thereafter maintained, other than those serving one- or two-family dwellings, shall comply with the criteria as specified below. All outdoor light fixtures using an incandescent lamp of no more than 150 watts are exempt from all requirements of this section.
(2) 
Fully shielded light fixtures shall be used for security purposes or to illuminate walkways, roadways and parking lots. Fully shielded fixtures or full cutoff fixtures are required. For luminaires on poles, the pole height to spacing ratio shall be not more than 1:6 (for example, an eighteen-foot pole height and a pole-to-pole spacing of 108 feet).
(3) 
Light fixtures used to illuminate flags, statues or any other objects mounted on a pole, pedestal or platform shall use a narrow cone beam of light that will not extend beyond the illuminated object.
(4) 
Externally illuminated building identification signs or other signs shall use fully shielded light fixtures.
B. 
Light trespass and glare. All light fixtures shall be designed, installed and maintained to prevent light trespass, as specified below:
(1) 
Outdoor lighting, whether on private, commercial, industrial, municipal or institutional property, shall be designed, installed and maintained to avoid a disabling glare hazard to drivers or pedestrians. All reasonable measures, such as altering pole height, changing bulb type or using full cutoff fixtures, shall be taken to prevent nuisance glare onto neighboring properties.
(2) 
Outdoor light fixtures properly installed and thereafter maintained shall be directed so that there will be no undue direct light emissions.
(3) 
The Planning Board may, as part of site plan review, require that lighting be controlled by automatic timing devices to extinguish offending sources of glare during specified periods to mitigate glare consequences.
(4) 
Glare control shall be accomplished primarily through the proper selection and application of lighting equipment. Only after those means have been exhausted shall vegetation, fences and similar screening methods be considered acceptable for reducing glare.
C. 
Fixture design.
(1) 
Fixtures must be properly designed for the intended purpose. Lamps shall not be directly seen from normal viewing angles. Lamps shall be directed so that most light output is directed toward the surface to be lighted rather than emitted at undesirable angles. Lighting fixtures and lamp color shall be of a type and design appropriate to the application and shall be aesthetically consistent with the character and style of the existing neighborhood.
(2) 
Mercury vapor and quartz halogen lamps are prohibited light sources in the front yard area. Metal halide or color-corrected sodium light sources shall be used.
D. 
Height of poles and installation.
(1) 
Electrical feeds to lighting standards shall be underground.
(2) 
Lighting standards in parking areas shall be placed a minimum of five feet outside the paved lot area or five feet behind perimeter tire-stop locations or mounted on concrete pedestals at least 30 inches above the pavement or protected by other acceptable means.
(3) 
The height of poles within parking lots shall not exceed 16 feet.
E. 
Maintenance. Lighting fixtures used for safety and security lighting shall be maintained in proper working order.
F. 
Plan submission. Lighting plans submitted for review and approval for subdivision and land development and site plan review shall include a layout of proposed fixture locations and a description of the equipment, glare control devices, lamps, mounting heights and means, hours of operation and maintenance methods proposed. Illumination intensities shall be plotted on a ten-foot-by-ten-foot grid.
No additional standards.
No additional standards.
A. 
Illumination.
(1) 
The maximum height of a luminaire may not exceed 16 feet in parking areas and 12 feet along streets.
A. 
Illumination.
(1) 
The maximum height of a luminaire may not exceed 14 feet along streets.
[Amended 1-19-2010 by L.L. No. 1-2010]
A. 
Illumination.
(1) 
The maximum height of a luminaire may not exceed 16 feet in parking areas and 12 feet along streets.
A. 
Illumination.
(1) 
The maximum height of a luminaire may not exceed 14 feet along streets.
[Amended 6-5-2007 by L.L. No. 8-2007]
Standards for new nonresidential uses are designed to help maintain and enhance the traditional streetscape and Village atmosphere of the Village of Cobleskill, while allowing for additional commercial growth. Structures that are visible from a public road shall be in keeping with traditional colonial or Victorian architecture in the Village, design, massing, materials and placement and to harmonize with traditional elements in the architectural fabric of the area.
A. 
Architectural elements permitted:
(1) 
Traditional roof detailing, including but not limited to dormers, belvederes, masonry chimneys, cupolas, clock towers and other similar elements.
(2) 
Siding of traditional-appearing materials such as brick, horizontal wood, simulated clapboard siding or indigenous stone.
(3) 
Architectural design in keeping with the character of the Village of Cobleskill, using elements that include but are not limited to porches, shutters, traditional windows and doors and peaked, shingled roofs. When reviewing architectural design features, the Planning Board will evaluate if the proposed project is in keeping with original or surrounding character of the Village by considering:
[Amended 6-5-2007 by L.L. No. 8-2007]
(a) 
The general design, character and appropriateness to the property.
(b) 
The scale of proposed construction in relation to the property itself, surrounding properties and the general Village ambience.
(c) 
Texture, materials and color and the relation to similar features of other properties in the Village of Cobleskill.
(d) 
Visual compatibility with the general Village ambience, including proportion of the property's front facade, roof shape, spacing of properties on the street and setbacks.
B. 
Architectural elements prohibited:
(1) 
No building shall have large areas of blank wall sections facing any street. [See § 160-5, Area and Bulk Regulations, § 160-5.2, Schedule of Area and Bulk Regulations for Residential Uses and for Nonresidential and Commercial Structures, Subsection A(2), Nonresidential and commercial structures, "Maximum Building Frontage/Maximum Between Facade Breaks (feet)."]
(2) 
Trademarked architecture shall not be permitted unless it is otherwise consistent with this chapter.
[Amended 6-5-2007 by L.L. No. 8-2007]
C. 
Design requirements.
(1) 
Buildings on corner lots shall be treated as if they have two front facades.
(2) 
All air-conditioning units, heating, ventilating and air-conditioning (HVAC) systems, elevator housing and satellite dishes and other telecommunications receiving devices shall be thoroughly screened from view from the sidewalk and/or the public right-of-way.
A. 
Architectural elements prohibited:
(1) 
No poured concrete or concrete block walls, except those constructed of architectural block, shall be exposed to view from a public way.
A. 
Architectural elements prohibited:
(1) 
Mansard roofs are prohibited.
(2) 
No poured concrete or concrete block walls, except those constructed of architectural block, shall be exposed to view from a public way.
A. 
Property owners are encouraged to adapt existing residential buildings for new uses and to design adjacent buildings to complement existing architecture.
B. 
Architectural elements prohibited:
(1) 
Mansard roofs are prohibited.
(2) 
No building shall appear to have a flat roof, i.e., it may achieve this by using a parapet design.
[Amended 9-16-2014 by L.L. No. 3-2014]
(3) 
No poured concrete or concrete block walls, except those constructed of architectural block, shall be exposed to view from a public way.
No additional standards.
[Amended 1-19-2010 by L.L. No. 1-2010]
No additional standards.
No additional standards.
Existing vegetation and new plants help integrate new development into the Village, help maintain visual quality, screen and buffer adjacent uses and soften or mitigate negative impacts of new development. All new commercial, community uses and parking lots are required to meet landscape standards.
A. 
Landscaping shall be an integral part of the entire project and shall buffer the site from and/or integrate the site with the surrounding area and mitigate impacts on adjacent residential properties whenever possible.
B. 
Existing trees shall be maintained, where feasible. Building placement and lot layout should be designed to relate to and incorporate existing trees, especially mature trees.
C. 
Trees.
(1) 
New trees shall have a minimum caliper size of 2 1/2 inches.
(2) 
Spacing of trees shall be determined by the Planning Board during site plan review, not to exceed 30 feet.
(3) 
Planting of trees should be restricted within 15 feet of intersections or driveways.
D. 
All required landscape elements shall be maintained in a healthy condition and shall be replaced with similar materials if they die.
[Amended 4-15-2008 by L.L. No. 3-2008]
In the RPUDD-1, a minimum planting of two new trees, with a minimum caliper size of two inches, per Townhome or multifamily dwelling.
No additional standards.
A. 
The area between the sidewalk and the structure shall be fully dedicated to street amenities and landscaping, such as street trees, shrubs, lawn, patios, porticos, street furniture, entrance sidewalks and related items, except where interrupted by necessary vehicular or pedestrian access.
B. 
The area between the sidewalk and the curb shall be entirely dedicated to landscaping, with emphasis on appropriate street trees, except for necessary interruptions for pedestrian or vehicular access. Sidewalk root guards can be installed to direct root growth away from sidewalks and utility lines.
C. 
Sidewalks of a minimum of five feet in width are required on both sides of the street.
D. 
Four-foot green landscaped edges between the road and the sidewalk are required.
A. 
The area between the sidewalk and the structure shall be fully dedicated to street amenities and landscaping, such as street trees, shrubs, lawn, patios, porticos, street furniture, entrance sidewalks and related items, except where interrupted by necessary vehicular or pedestrian access.
B. 
The area between the sidewalk and the curb shall be entirely dedicated to landscaping, with emphasis on appropriate street trees, except for necessary interruptions for pedestrian or vehicular access. Sidewalk root guards can be installed to direct root growth away from sidewalks and utility lines.
C. 
Sidewalks of a minimum of five feet in width are required on both sides of the street.
D. 
Four-foot green landscaped edges between the road and the sidewalk are required.
[Amended 1-19-2010 by L.L. No. 1-2010]
A. 
The area between the sidewalk and the structure shall be fully dedicated to street amenities and landscaping, such as street trees, shrubs, lawn, patios, porticos, street furniture, entrance sidewalks and related items, except where interrupted by necessary vehicular or pedestrian access.
B. 
The area between the sidewalk and the curb shall be entirely dedicated to landscaping, with emphasis on appropriate street trees, except for necessary interruptions for pedestrian or vehicular access. Sidewalk root guards can be installed to direct root growth away from sidewalks and utility lines.
C. 
Sidewalks of a minimum of five feet in width are required on both sides of the street.
D. 
Four-foot green landscaped edges between the road and the sidewalk are required.
A. 
The area between the sidewalk and the structure shall be fully dedicated to street amenities and landscaping, such as street trees, shrubs, lawn, patios, porticos, street furniture, entrance sidewalks and related items, except where interrupted by necessary vehicular or pedestrian access.
B. 
The area between the sidewalk and the curb shall be entirely dedicated to landscaping, with emphasis on appropriate street trees, except for necessary interruptions for pedestrian or vehicular access. Sidewalk root guards can be installed to direct root growth away from sidewalks and utility lines.
C. 
Sidewalks of a minimum of five feet in width are required on both sides of the street.
D. 
Four-foot green landscaped edges between the road and the sidewalk are required.
A. 
All uses, buildings, and structures must conform to all requirements of this chapter, except the following:
(1) 
Any nonconforming use, building or structure, other than signs, existing lawfully on the effective date of this chapter; or
(2) 
Any lawful use, building or structure, other than signs, which becomes nonconforming because of subsequent amendment of this chapter.
B. 
Certain nonconforming uses, buildings, and structures are subject to additional standards and limitations as specified in § 160-14.
C. 
All lighting shall be modified to conform to the standards of this chapter, or such lighting shall be removed when the pole, base or fixture is replaced.
A. 
If a nonconforming use has been discontinued for 12 months, the nonconforming use status will cease and shall not be replaced or reestablished with another nonconforming use.
B. 
Any nonconforming use which is discontinued because of fire, flood, wind, earthquake or other natural disaster shall not be reoccupied, reused and/or repaired or reconstructed except in conformity with this chapter unless such repair or reconstruction is completed within 12 months of the damage. Failure to repair or reconstruct within 12 months of the damage shall cause a lawful nonconforming use to be automatically terminated.
C. 
No nonconforming use shall be changed except to a conforming use. Thus, one nonconforming use may not be substituted for another.
A. 
Alterations. A nonconforming building or structure shall not be enlarged or extended or have exterior alterations beyond the limits of the original building or structure, unless such enlargement, extension or alteration shall be in accordance with § 160-5, Area and Bulk Regulations, for the district in which the building or structure is located.
B. 
Reconstruction. A nonconforming building may be reconstructed to its original dimensions, subject to site plan review pursuant to § 160-7 of this chapter. The purpose of site plan review is so the Planning Board can reduce the level of nonconformance of the building. In no case shall the level of nonconformance be increased, nor does this section imply any modification of this § 160-14 as to discontinuance, removal, modification or extension of a nonconforming use.
Signs that are not permitted, or those signs that exceed the height or area requirements of this chapter, shall be modified to conform to this chapter or removed if:
A. 
The property changes use and the original use was advertised by the sign; or
B. 
The business advertised by the nonconforming sign has moved; or
C. 
The nonconforming sign is replaced.
A. 
The Code Enforcement Officer, in consultation with the Planning Board, shall locate, inventory and compile a registry of all nonconformances in the Village of Cobleskill.
B. 
Such registry shall include the street address and Tax Map parcel number, owner of record and reason for nonconformance for each nonconforming use.
C. 
Within 90 days of completion of the registry, the Code Enforcement Officer shall notify all owners and/or operators of all nonconformances of inclusion in said registry.
D. 
Upon completion of said registry, the Code Enforcement Officer shall keep the same current.
E. 
At any time that a use is added to or removed from the registry of nonconforming uses, the owner and/or operator of such use, building or structure shall be notified, in writing, within 60 days of such addition or removal.
F. 
Said registry shall be maintained in the office of the Code Enforcement Officer and shall be available for public inspection on request.
Notwithstanding any of the foregoing regulations, nothing in this section shall be deemed to prevent normal maintenance and repair of any use or building or the issuance of a building permit for major structural alterations or demolitions necessary in the interest of public safety and pursuant to other applicable sections of this chapter.
A. 
The position of Code Enforcement Officer is hereby created. The Mayor shall appoint the Code Enforcement Officer, with the approval of the Board of Trustees, to administer and enforce the provisions of this chapter.
B. 
Advisory and incidental powers. The Code Enforcement Officer shall have the following powers and duties:
(1) 
The Code Enforcement Officer shall have the authority to advise the Board of Trustees on the adoption of local laws related to the enforcement and administration of this chapter and other powers that are incidental and necessary to the enforcement and administration of this chapter.
(2) 
Issuance of permits. The Code Enforcement Officer shall have the primary responsibility for the administration and enforcement of this chapter and for the New York State Uniform Fire Prevention and Building Code and shall also have authority to issue the following certificates and permits upon fulfillment of the requirements of this chapter and of applicable federal, state or other local laws:
(a) 
Zoning permits pursuant to this § 160-15.
(b) 
Building permits (including demolition permits) pursuant to Chapter 58.
(c) 
Certificate of zoning compliance pursuant to this § 160-15.
(d) 
Certificates of occupancy pursuant to Chapter 58.
(e) 
Sign permits.
(f) 
Market permits.[1]
[1]
Editor's Note: See § 160-8.16.
(g) 
Such other permits as may be established by amendment to this chapter.
(3) 
Inspections. The Code Enforcement Officer, or his or her duly authorized assistant(s), may enter any building or upon any land in the execution of his or her official duties with the permission of the owner or a tenant in possession; the Code Enforcement Officer may also enter any building or upon any space where the public is otherwise invited where the landowner or tenant in possession does not grant such permission or pursuant to a warrant issued by a court of competent jurisdiction.
A. 
Zoning permit. Each zoning permit issued shall state that the proposed structure and land use comply with all provisions of this chapter.
(1) 
In all districts, a zoning permit is required whenever:
(a) 
Any structure coming under the provisions of this chapter is erected, reconstructed, structurally altered, moved or demolished.
(b) 
Any change in use occurs in an existing building.
(c) 
Any change in use occurs in a nonconforming building.
(d) 
Any use is established on vacant land.
(2) 
All applications for a zoning permit shall be accompanied by:
(a) 
Such sketch plans and supporting documentation as the Code Enforcement Officer may reasonably require to determine compliance with this chapter.
(b) 
Payment of the fee required for such permit application by the fee schedule established or to be established by the Village of Cobleskill Board of Trustees.[1]
[1]
Editor's Note: The fee schedule is available from the Codes Office.
(c) 
If both a zoning permit and a building permit are required, application and publication for each may be made simultaneously.
B. 
Building permit.
(1) 
In all districts, a building permit issued by the Code Enforcement Officer shall be required to erect, reconstruct, restore, structurally alter or demolish any structure or to add additional residential or commercial units or area. Normal maintenance of any structure shall not require a building permit.
(2) 
Demolition permit.
(a) 
If an applicant is proposing a new use that requires demolition of an existing building, demolition of that building shall be reviewed as part of a complete application for site plan review. There shall be coordinated and concurrent review of this action with demolition and rebuilding. The Code Enforcement Officer shall issue the demolition permit upon approval by the Planning Board.
(b) 
When demolition is proposed without a proposal for redevelopment, the Planning Board shall conduct a review of the demolition and landscape plans. The Planning Board shall, without limitation, require the following elements as a condition of its approval:
[1] 
The parcel shall be seeded with grass and landscaped with trees. Deciduous trees are preferred and shall have at least a two-inch caliper at the time of planting.
[2] 
Trees shall be provided within the lot at a minimum density of one tree per 1,000 square feet of lot and along the side of the street with a maximum spacing of 30 feet on center. The Tree Committee is available for consultation regarding the type and placement of trees throughout the Village.
[3] 
If a sidewalk is present prior to demolition, such sidewalk shall be maintained or restored after demolition so that the sidewalk is safe for pedestrians and free of rubble and cracks.
[4] 
The requirements of § 160-15.2B(2)(b) shall not apply when an applicant is only proposing to demolish an accessory structure measuring 500 square feet or smaller, and as a result the Village Planning Board shall not need to conduct a site plan review.
[Added 9-16-2014 by L.L. No. 3-2014]
(c) 
The Planning Board may require additional landscaping or street furniture to maintain a pedestrian atmosphere at the site.
(d) 
When demolition occurs, water, sewer and all other utility lines shall be located, marked, capped and inspected and approved by the appropriate department prior to final site treatment.
(e) 
If a demolition permit is granted, the demolition and site restoration shall be completed within 90 days. If demolition occurs during the months of November through March, seeding and landscaping shall be completed by May 31.
(3) 
No permits shall be issued unless:
(a) 
The proposed construction, restoration, alteration, demolition or addition conforms fully to all provisions of this chapter or has received a variance from the Board of Appeals.
(b) 
A zoning permit has been issued pursuant to this chapter.
(c) 
The proposed construction, restoration, alteration, demolition or addition conforms to the requirements of the New York State Uniform Fire Prevention and Building Code[2] and other applicable federal, state and local laws and regulations.
[2]
Editor's Note: See Ch. 58, Art. I, Building Codes Administration.
(4) 
Every application for a building permit shall contain all information as required and must be accompanied by:
(a) 
A plot plan showing the exact measurements from the street and lot lines to the foundation or structure or, if required by § 160-7 of this chapter, evidence of final site plan approval by the Planning Board within one year of the date of the application.
(b) 
Complete plans for the proposed construction, restoration, alteration, demolition or addition unless the Planning Board has authorized phased building permits pursuant to § 160-7.2C(6) of this chapter.
(c) 
Payment of the fee required for such permit by the fee schedule established or to be established pursuant to § 160-15.1B of this chapter.[3]
[3]
Editor's Note: The fee schedule is available from the Codes Office.
(5) 
The building permit application and all supporting documentation shall be submitted in such a number of copies as may be required by the Code Enforcement Officer by general rule. Upon issuance of a building permit, the Code Enforcement Officer shall return one copy of all filed documents to the applicant.
(6) 
No less than seven or more than 32 calendar days after receipt of the complete application, the Code Enforcement Officer shall issue or deny the building permit. If the permit is denied, the Code Enforcement Officer shall notify the applicant in writing with a statement of the reasons for the decision to deny the permit.
(7) 
The following residential building permit applications are exempt from the foregoing waiting period and publication requirement: alterations to one-family and two-family dwellings, including the erection, reconstruction, alteration or demolition of porches that are 120 square feet or less in size and decks, aboveground pools and accessory structures, including fences.
(8) 
If both a zoning permit and a building permit are required, application and publication may be made simultaneously.
(9) 
A zoning permit shall not be issued for the construction or alteration of any building upon a lot without access to a street or highway, as stipulated in § 7-736 of the Village Law.
(10) 
A building permit for any structure subject to site plan review or Historic District Review Commission review,[4] or both, shall be issued only in strict conformity with the plans approved by the Planning Board or the Historic District Review Commission, or both, and within one year of such approval.
[4]
Editor's Note: See Ch. 90, Historic Districts and Landmarks.
(11) 
A building permit issued for any structure permitted subject to a variance granted by the Board of Appeals shall be issued only in strict accordance with all conditions prescribed by the Board of Appeals and within no more than one year of the granting of such variance.
(12) 
The building permit shall be posted conspicuously and continuously on the work site until the construction project is complete.
(13) 
Commercial and residential building permits for projects valued under $500,000 shall be valid for 90 days to start construction and for 12 months to complete construction.
(14) 
Commercial and residential building permits for projects valued over $500,000 shall be valid for 90 days to start construction and for 18 months to complete construction. Such building permits may be extended once for a period of six months. Extensions must be applied for in writing and are subject to a fee as set in a resolution adopted annually by the Board of Trustees.
(15) 
The Code Enforcement Officer may authorize, in writing, the extension of either of the above periods for an additional six months, following which no further work is to be undertaken without a new building permit application, publication and issuance.
(16) 
Building permits for partial phases of a construction project may be issued subject to the following requirements:
(a) 
Application for any phased building permit shall include:
[1] 
Authorization for such phased building permits by the Village Planning Board pursuant to § 160-7, Site Plan Review.
[2] 
Evidence of final site plan approval by the Planning Board within one year of the date of the application.
[3] 
Complete and detailed plans for the project phase to which the building permit applies.
[4] 
Schematic plans for all subsequent phases of the project, including, at minimum, all entrances and exits and all exterior and interior walls.
(b) 
Building permits for phases of construction less than the total project shall only be issued subject to the following conditions:
[1] 
The issuance of a building permit for one or more phases of a construction project shall not constitute, guarantee, imply or support the issuance of a building permit for any subsequent phase of said project.
[2] 
The Code Enforcement Officer or the Zoning Board of Appeals shall not include costs incurred by the applicant or owner in one or more phases of a construction project as a factor in consideration of the issuance of a building permit for any subsequent phase of said project.
(c) 
Substantial deviation from or revision to schematic plans submitted as part of the application for a building permit for one or more phases of a construction project shall be grounds for denial of a building permit for any subsequent phase of said project unless the revised plans for the project, taken as a whole and including all phases previously constructed or under construction, would fulfill completely the requirements for issuance of a certificate of compliance and building permit if application were made anew. Construction work pursued under a building permit issued for one or more phases of a project shall be inspected and approved by the Code Enforcement Officer prior to issuance of a building permit for any subsequent phase.
C. 
Temporary manufactured housing. A temporary manufactured home may be located on a lot while construction of a permanent dwelling is undertaken subject to the following provisions:
(1) 
The temporary manufactured home must be occupied by the lot owner who is constructing the permanent dwelling.
(2) 
The owner shall obtain a permit from the Code Enforcement Officer prior to locating a temporary manufactured home on any lot. The permit cannot be issued unless the Code Enforcement Officer has granted a building permit for a structure on the lot.
(3) 
The permit remains in effect for six months and may be renewed for one additional six-month period if the Code Enforcement Officer finds that the construction has been diligently pursued and justifiable circumstances require an extension. The manufactured home must be removed within two weeks from the date a temporary certificate of occupancy is issued for the permanent dwelling but prior to the issuance of a final certificate of occupancy.
D. 
Construction trailers. No more than two construction trailers shall be permitted on the site of construction being pursued subject to a valid building permit issued pursuant to this chapter, provided that:
(1) 
Construction trailers are used only for office space or storage of materials and equipment and related uses.
(2) 
No construction trailer is used for temporary or permanent residential purposes.
(3) 
All construction equipment and materials are removed prior to issuance of a certificate of occupancy pursuant to this chapter.
E. 
Certificate of zoning compliance. A certificate of zoning compliance shall be issued when the applicant has fully complied with all terms and conditions of the zoning permit issued for the subject project.
F. 
Certificate of occupancy.
(1) 
In all districts, no building or structure for which a building permit has been issued shall be occupied or used unless the Code Enforcement Officer issues a certificate of occupancy.
(2) 
The certificate of occupancy shall state that the building or structure fully complies with the requirements of the New York State Uniform Fire Prevention and Building Code,[5] this chapter, the terms of any variance, the certificate of zoning compliance or historic district certificate of appropriateness[6] granted in accordance with this chapter and other applicable local laws.
[5]
Editor's Note: See Ch. 58, Art. I, Building Codes Administration.
[6]
Editor's Note: See Ch. 90, Historic Districts and Landmarks.
(3) 
No certificate of occupancy shall be issued unless and until a certificate of zoning compliance has been issued.
During the construction of any project that is the subject of a building permit under this chapter, the Code Enforcement Officer shall make on-site inspections, without limitation, as follows:
A. 
As soon as the foundation of a building or of any addition to an existing building is staked or marked and before the foundation is laid, the Code Enforcement Officer shall ascertain that the structure is within the street and side-line setbacks as required in § 160-5 of this chapter or any variance issued by the Board of Appeals.
B. 
At such times during the course of construction as will permit the observation of the foundation; structural elements; electrical systems; plumbing systems; heating, ventilation and air-conditioning systems; fire-protection and detector systems; and exit features.
C. 
At such other times and for such other purposes as required to comply with the New York State Uniform Fire Prevention and Building Code and its implementing regulations[1] and other applicable federal, state or local laws and regulations and in response to complaints.
[1]
Editor's Note: See Ch. 58, Art. I, Building Codes Administration.
D. 
Upon substantial completion of the entire project and prior to issuance of a certificate of zoning compliance or a certificate of occupancy.
A. 
Complaints.
(1) 
Any person may file a complaint with the Code Enforcement Officer regarding a violation of this chapter.
(2) 
The Code Enforcement Officer shall investigate all such complaints within 10 calendar days. This investigation shall include a site visit by the Code Enforcement Officer.
B. 
Notice of violation. Where a violation of this chapter is determined to exist, the Code Enforcement Officer shall serve a notice of violation and an order to remedy.
(1) 
Such notice of violation shall be served as appropriate on the landowner, the tenant in possession, or any other person determined to be responsible for the conditions that gave rise to the violation.
(2) 
Such notice of violation shall include the following:
(a) 
A statement of the applicable law that is violated.
(b) 
A statement of the facts constituting the violation.
(c) 
The period during which such violation must be corrected.
(d) 
If, in the judgment of the Code Enforcement Officer, circumstances require it, a stop-work order or other remedies.
(3) 
The notice of violation and order to remedy may be served by certified mail, return receipt requested, personal delivery or by any other method reasonably calculated to give the property owner, tenant in possession or other person notice of the violation where delivery by certified mail, return receipt requested, or by personal delivery is not practicable.
(4) 
Such notice of violation and order to remedy shall require the removal of the violation within 10 calendar days after service of the notice, except that violations of snow removal requirements shall be corrected within 24 hours of such notice. The Code Enforcement Officer may provide less than 10 days to cure the violation, provided that the period is reasonable, if the Code Enforcement Officer determines that the violation constitutes an imminent threat to the health, safety and welfare of the community.
(5) 
The Code Enforcement Officer may provide more than 10 days to cure the violation if the nature of the remedy requires additional time.
(6) 
If the CEO requires removal of a zoning violation and the party charged disagrees with that charge, the party may appeal to the ZBA.[1]
[1]
Editor's Note: See § 160-16, Zoning Board of Appeals.
(7) 
If those persons notified shall fail to remove such violation within the allotted time period, the Code Enforcement Officer may charge them with violation of this chapter in a court of competent jurisdiction.
C. 
Stop-work order.
(1) 
If, in the judgment of the Code Enforcement Officer, work in progress is or will result in violation of the New York State Uniform Fire Prevention and Building Code, this chapter, or the terms or conditions of any permit, variance, site plan approval or historic district certificate of appropriateness[2] issued pursuant to this chapter, the Code Enforcement Officer may serve a stop-work order on the owner, agent, architect, contractor or any other person involved or assisting in such work in progress and shall post a copy of said stop-work order in a conspicuous place on the subject work site.
[2]
Editor's Note: See Ch. 90, Historic Districts and Landmarks.
(2) 
Upon service or posting of such stop-work order, all further work on the subject work site shall cease, except such as is necessary to secure the site and materials, until the violation causing such order has been corrected or removed and the Code Enforcement Officer has served notice, in writing, that the stop-work order has been lifted.
(3) 
No person shall remove a stop-work order posted on a work site unless and until the Code Enforcement Officer has served notice, in writing, that such stop-work order has been lifted.
(4) 
Continuation or resumption of work on a work site subject to a stop-work order lawfully served and posted by the Code Enforcement Officer shall constitute a separate violation of this chapter and shall be subject to all penalties described in this § 160-15, Administration and Enforcement.
D. 
Appearance ticket. The Code Enforcement Officer and the Assistant Code Enforcement Officer and any peace officer are hereby authorized to issue and serve an appearance ticket with respect to violations of a state statute or a local law of the Village of Cobleskill.
E. 
Remedies.
(1) 
Any person who shall violate any of the provisions of this chapter shall be guilty of a violation and subject to one or more of the following remedies: 1) a fine not to exceed $350 or imprisonment for a period not to exceed 15 days, or both; or 2) a penalty of $350 to be recovered by the Village in a civil action. Every such person shall be deemed guilty of a separate violation for each week such violation, disobedience, omission, neglect or refusal shall continue. The Board of Trustees of the Village of Cobleskill may also maintain an action or other proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this chapter.
(2) 
In the event the penalty sought is within the monetary jurisdiction of the Village of Cobleskill Justice Court, as established in Article 18 of the Uniform Justice Court Act, such action to recover such penalty may, as shall be determined by the attorney representing the Village, be commenced as a small claim pursuant to the provisions of Article 18 of the Uniform Justice Court Act.
A. 
Creation.
(1) 
Pursuant to § 7-712 of the Village Law, the Mayor, with the approval of the Village Board, shall appoint a five-member Zoning Board of Appeals to hear and decide appeals from and review any order, requirement, decision, interpretation, or determination made by the Code Enforcement Officer pursuant to Chapter 160 of the Village of Cobleskill Code.
(2) 
In addition, the Mayor, with the approval of the Village Board, shall appoint one nonvoting alternate member of the Zoning Board of Appeals. Said alternate shall be authorized to participate in all discussions and deliberations of the Zoning Board of Appeals and shall be a voting member in the case of the recusal or absence of any Zoning Board of Appeals member.
(3) 
The jurisdiction of the Zoning Board of Appeals shall be appellate only as more specifically set forth in § 160-16.2 below.
B. 
Term of office.
(1) 
Pursuant to § 7-712 of the Village Law, the term of each member and nonvoting alternate member of the Zoning Board of Appeals shall be five years, expiring at the end of the official year on May 31.
(2) 
Vacancies, other than those caused by the expiration of the term or removal from office, shall be filled by appointment of the Mayor for the remainder of the unexpired term.
(3) 
The Mayor shall, subject to the approval of the Village Board, appoint the Chairman and Vice Chairman of the Zoning Board of Appeals for terms of three years.
(4) 
Removal. The Village Board shall have the power to remove any member of the Zoning Board of Appeals for cause after public hearing. Without limitation, cause shall include failure to meet training and attendance requirements as established by the Village Board.
C. 
Organization.
(1) 
General operations.
(a) 
Subject to Village Board approval, the Zoning Board of Appeals shall by resolution adopt bylaws governing its parliamentary procedure and procedural forms such as application forms.
(b) 
The Zoning Board of Appeals may employ clerical or other staff necessary for the proper function of the Zoning Board of Appeals within monies appropriated for that purpose by the Village Board.
(c) 
The Village Board shall provide operating expenses for the Zoning Board of Appeals. Zoning Board of Appeals expenditures shall not exceed the amount of appropriations.
(2) 
Meetings.
(a) 
The Zoning Board of Appeals shall hold meetings at the call of the Chairman or at other times that the Zoning Board of Appeals may determine.
(b) 
The Chairman, or the Deputy Chairman in the absence of the Chairman, has the power to administer oaths and compel the attendance of witnesses.
(3) 
Minutes.
(a) 
The Zoning Board of Appeals shall keep minutes of its meetings.
(b) 
The minutes shall, at a minimum, consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon. The minutes shall also show how each member voted on every question. The minutes shall indicate if a member is absent or fails to vote.
(c) 
Draft minutes shall be filed with the Village Clerk and made available to the public within two weeks of each meeting. At the next regular meeting following the preparation of the draft minutes, the Zoning Board of Appeals shall vote to approve the draft minutes or approve the minutes with modification. The final minutes shall be filed with the Village Clerk and made available to the public within two weeks of their approval by the Zoning Board of Appeals.
(4) 
Written decision on appeals. The Zoning Board of Appeals shall file, with the Village Clerk, a separate written decision on appeals within five days with a statement of conditions, if any, on the grant of the variance.
A. 
The Zoning Board of Appeals shall have all the powers and duties conferred by Village Law §§ 7-712-a and 7-712-b and this chapter.
B. 
Appeal for interpretation.
(1) 
Upon appeal from a decision, order, requirement, interpretation, or determination made by the Code Enforcement Officer or the Planning Board, the Zoning Board of Appeals shall have the power to decide any of the following questions:
(a) 
The meaning of any portion of the text of this chapter or of any condition or requirement specified or made under the provisions of this chapter.
(b) 
The exact location of any district boundary shown on the Zoning Map or the Historic District Overlay Map.
(2) 
Pursuant to Village Law § 7-712-a, Subdivision 4, the ZBA is authorized to hear appeals only from an order, requirement, decision, interpretation, or determination made by the administrative official charged with enforcement of this chapter or the Planning Board. The Zoning Board of Appeals does not have authority to issue advisory opinions.
(3) 
Upon appeal from a decision, order, requirement, or determination made by the Historic District Review Commission, the Zoning Board of Appeals shall have the power to decide only the question of whether the action appealed is beyond the discretion assigned to the Historic District Review Commission by Chapter 90 of the Village Code.
C. 
Appeal for variance. Upon appeal from a decision of the Code Enforcement Officer or the Planning Board, the Zoning Board of Appeals shall have the power to grant variances only under the following circumstances:
(1) 
For area variances.
(a) 
The Zoning Board of Appeals shall consider the benefit to the applicant if the variance is granted as weighed against the detriment to the health, safety, and welfare of the neighborhood or the community if the variance is granted. In reaching its decision, the Zoning Board of Appeals shall consider:
[1] 
Whether an undesirable change will be produced in the neighborhood character or whether a detriment to nearby properties will be created by the grant of an area variance;
[2] 
Whether the benefit sought by the applicant can be achieved by some feasible method for the applicant to pursue other than an area variance;
[3] 
Whether the requested area variance is substantial;
[4] 
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5] 
Whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of an area variance.
(b) 
The Zoning Board of Appeals shall grant the minimum variance necessary while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community.
(2) 
For use variances.
(a) 
No use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Zoning Board of Appeals, for each and every permitted use under the Zoning Law for the particular zoning district where the property is located and for each and every use previously permitted by special use permit or previously approved use variance, that:
[1] 
The applicant cannot yield a reasonable return, provided that the lack of return is substantial as demonstrated by competent financial evidence.
[2] 
The requested use variance, if granted, will not alter the essential character of the neighborhood.
[3] 
The alleged hardship of the appellant or owner relating to the property is unique and does not apply to a substantial portion of the district or the neighborhood.
[4] 
The alleged hardship has not been self-created.
(b) 
The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(3) 
Unless a building permit pursuant to § 160-15.2 is obtained within one year of the date of the granting of a variance, such variance shall be null and void.
D. 
Procedure.
(1) 
All appeals and applications made to the Zoning Board of Appeals shall be in writing on a form prescribed by the Zoning Board of Appeals and accompanied by a fee as set forth in the fee schedule established by the Village Board,[1] payable to the Village Clerk.
[1]
Editor's Note: The fee schedule is available from the Codes Office.
(2) 
An appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the Code Enforcement Officer or the Planning Board.
(3) 
An appeal shall stay all proceedings in furtherance of the action appealed from. If the Code Enforcement Officer deems that such stay would cause imminent peril to life or property, the Zoning Board of Appeals shall follow the procedures set forth in Village Law § 7-712-a, Subdivision 6.
(4) 
The Zoning Board of Appeals shall hold a public hearing, notice of which shall include the property location for which the variance or interpretation is requested and the nature of the request for variance or interpretation. Notice shall be given at least 10 days in advance by publication in the official newspaper of the date, time and place of the hearing.
(5) 
The notice of public hearing shall be mailed at least 10 days before the hearing to all owners of property which lies within 200 feet of the property for which relief is sought, as determined from the latest assessment roll.
(6) 
In addition, the Zoning Board of Appeals shall send notification of any pending appeal for a use variance for any property located within 500 feet of a municipal boundary to the Clerk of that municipality not later than 10 days prior to the date of the public hearing.
(7) 
At least 10 days before a hearing, the Zoning Board of Appeals shall mail notices to the parties and to any regional state park commission with jurisdiction over any state park or parkway within 500 feet of the property affected.
(8) 
Referral of appeal to county; contrary action to county recommendation.
(a) 
In accordance with General Municipal Law § 239-m, the Zoning Board of Appeals shall refer a full statement of any appeal for a variance to the Schoharie County Planning and Development Agency when the action affects property located within 500 feet of:
[1] 
The municipal boundary.
[2] 
The boundary of any existing or proposed county or state parkway, thruway, expressway, road or highway.
[3] 
An existing or proposed right-of-way of any stream or drainage channel that is owned by the county or for which the county has established channel lines.
[4] 
An existing or proposed boundary of any county or state-owned land on which a public building or institution is situated.
(b) 
If within 30 days the Schoharie County Planning and Development Agency recommends modification or disapproval, the Zoning Board of Appeals may act contrary to the recommendation only by a vote of a majority plus one of the entire Zoning Board of Appeals and by adopting a resolution fully setting forth reasons for such contrary action.
(9) 
Pursuant to General Municipal Law § 239-nn, notice of the public hearing shall be given by mail or electronic means to the Clerk of the adjacent municipality at least 10 days prior to the commencement of the hearing.
(10) 
The Zoning Board of Appeals shall hold a hearing on each appeal within 32 days from the Zoning Board of Appeals' determination that the application is complete.
(11) 
The Zoning Board of Appeals shall render its decision on each appeal within 62 days following the public hearing, unless the application has been the subject of a positive declaration under the State Environmental Quality Review Act (Environmental Conservation Law Article 8). If the application has been the subject of a positive declaration, then the time frames shall be governed by Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR Part 617). If an affirmative vote of a majority of the members of the Zoning Board of Appeals is not attained on a motion to grant a variance or reverse any order or determination of the Code Enforcement Officer within the time allowed for a decision, the appeal shall be deemed denied. The Zoning Board of Appeals may amend a motion that fails to muster a concurring majority and vote on the amended motion within the time allowed for a decision without being subject to the rehearing process as set forth below. The time to render its decision may be extended by mutual consent of the applicant and the Zoning Board of Appeals.
(12) 
The decision of the Zoning Board of Appeals shall be filed in the Village Clerk's office within five business days after the day such decision is rendered. A copy of the decision shall also be mailed to the applicant and any parties to the hearing.
(13) 
Pursuant to Village Law § 7-730, Subdivision 6, the Zoning Board of Appeals shall request the recommendation of the Planning Board with respect to appeals for an area variance by sending the Secretary of the Planning Board a copy of the application for a variance together with such request. The request shall be sent upon the Zoning Board of Appeals' determination that the application is complete.
(14) 
Pursuant to Village Law § 7-712-c, a person aggrieved by any decision of the Zoning Board of Appeals or any officer, department or board of the Village may apply to the New York State Supreme Court for relief under Article 78 of the Civil Practice Law and Rules of New York State.
(15) 
Pursuant to Village Law § 7-712-a, Subdivision 12, a motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Zoning Board of Appeals not previously reheard may be made by any member of the Zoning Board of Appeals. A unanimous vote of all members of the Zoning Board of Appeals then present is required for such rehearing to occur. The rehearing is subject to the same notice provisions as the original hearing. Upon such rehearing the Zoning Board of Appeals may reverse, modify or annul its original order, decision, or determination upon the unanimous vote of all members then present, provided that the Zoning Board of Appeals finds that the rights vested in the persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced.
A. 
Creation.
(1) 
Pursuant to § 7-718 of the Village Law, the Village Board shall appoint a five-member Planning Board which shall be responsible for continuing long-range planning activities and for such duties pertaining to administration of this chapter as are specified in this § 160-17.
(2) 
In addition, the Village Board shall appoint one nonvoting alternate member of the Planning Board. Said alternate shall be authorized to participate in all discussions and deliberations of the Planning Board and shall be a voting member in the case of the recusal or absence of any Board member.
B. 
Term of office.
(1) 
Pursuant to § 7-718, the term of each member and nonvoting alternate member of the Planning Board shall be five years, expiring at the end of the official year.
(2) 
Vacancies, other than those created by the expiration of a term, shall be filled by appointment of the Mayor for the remainder of the unexpired term.
(3) 
The Mayor shall, subject to the approval of the Village Board, appoint the Chairman and Vice Chairman of the Planning Board. Should the Mayor fail to make such appointment(s), the Planning Board may select a Chairman and Vice Chairman from its membership.
(4) 
Members of the Planning Board may be removed from the Planning Board for cause by the Mayor after public hearing, held pursuant to Village Law § 7-718, Subdivision 9. Cause includes, but is not limited to, noncompliance with the minimum requirements relating to meeting attendance and training as established by the Village Board.
C. 
Organization.
(1) 
General operations.
(a) 
The Planning Board may adopt rules and regulations regarding procedure before it and in respect to any subject matter over which it has jurisdiction under Article 7 of the Village Law, under the Subdivision Law[1] or this chapter of the Code of the Village of Cobleskill or any other statute, subject to approval of the Village Board.
[1]
Editor's Note: See Ch. 135, Subdivision of Land.
(b) 
The Village Board may employ clerical or other staff necessary for proper function of the Planning Board.
(c) 
The Village Board shall provide operating expenses for the Planning Board. Planning Board expenditures shall not exceed the amount of the appropriations.
(2) 
Meetings.
(a) 
The Planning Board shall hold meetings at the call of the Chairman or at other times the Board may determine, by simple majority of its members.
(b) 
All meetings shall be subject to the Open Meetings Law.[2]
[2]
Editor's Note: See Art. 7 of the New York State Public Officers Law, § 100 et seq.
(3) 
Minutes and records.
(a) 
The Planning Board shall keep proper minutes of its meetings and records of its examinations, official actions, advisory reports and general studies.
(b) 
The minutes shall show how each member voted on every question. The minutes shall also indicate if a member is absent or fails to vote.
(c) 
The Planning Board shall file a record of all determinations with the Village Clerk for the public record.
The Planning Board shall have all the powers and duties prescribed by law and more particularly specified by this chapter. None of the following provisions shall be deemed to limit any power of the Board that is conferred by law:
A. 
Comprehensive Plan. Pursuant to Village Law § 7-722, the Board of Trustees may, by resolution, authorize the Planning Board to prepare a proposed Village Comprehensive Plan and/or amendments. If the Planning Board is directed to prepare a proposed Comprehensive Plan and/or amendments, the Board shall, by resolution, recommend a proposed plan and/or amendment to the Village Board of Trustees. Any proposed Comprehensive Plan and/or amendment that is prepared by the Village Board of Trustees or a special board may be referred to the Village Planning Board for review and recommendation before action by the Village Board of Trustees.
B. 
Investigations. The Planning Board shall have the full power and authority to make investigations, maps and reports and all resulting recommendations of all matters relating to the planning and development of the Village.
C. 
Site plan review. The Planning Board shall be responsible for the proper implementation of § 160-7, Site Plan Review, of this chapter.
D. 
Subdivision approval. The Planning Board shall be responsible for the review and approval of subdivision plats in accordance with the Village Subdivision Law,[1] as may be adopted, and this chapter.
[1]
Editor's Note: See Ch. 135, Subdivision of Land.
E. 
Reports on specific referrals from the Board of Appeals and the Village Board pursuant to § 160-17.2C and § 160-18 of this chapter. The Planning Board shall conduct a review of any matter referred to it and shall submit a written report to the referring body as required by the provisions of this chapter.
F. 
Regulations/ordinances. The Planning Board may recommend to the Village Board for consideration adoption of regulations or local laws regarding any matters subject to its jurisdiction under this chapter or any other local law or other statute.
G. 
The Planning Board shall be responsible for the proper implementation of § 160-6, Special Use Permits, of this chapter.
In accordance with Village Law § 7-708, this chapter or any part thereof may be amended, supplemented or repealed from time to time by the Village Board. Prior to the public hearing as specified in § 160-18.2C(3) of this chapter, every proposed amendment shall be referred by the Village Board to the Planning Board for a report which shall be rendered within 30 days of such referral. If the Planning Board fails to report to the Village Board within 30 days, then it may proceed to act upon the proposed amendments without the recommendation of the Planning Board.
The procedure for amending this chapter shall be as follows:
A. 
All petitions for any amendments to the text of this chapter or to district boundaries designated on the Official Zoning Map shall be filed with the Village Clerk, in writing, and in a form required by the Village Board.
B. 
Proposed amendments are actions subject to review under the New York State Environmental Quality Review Act (SEQRA). If a proposed zoning change may have a potentially significant, adverse impact on the environment, then the Board of Trustees must prepare a draft environmental impact statement or cause one to be prepared. The procedures for incorporating SEQRA into the amendment review process are set out in Part 617 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
C. 
Unless the amendment proposed is initiated by the Village Planning Board, the Village Board shall refer all such proposals and all pertinent information to the Planning Board for report and recommendations, to be considered by the Village Board prior to its public hearing. A full statement of the reasons behind the recommendations shall accompany the Planning Board's report, specifically including:
(1) 
For a proposed amendment to or change in the text of this chapter:
(a) 
Whether the change is consistent with the goals and principles embodied in the Village of Cobleskill Comprehensive Plan and in this chapter as to the particular districts concerned.
(b) 
Which areas, land uses, buildings and establishments in the Village will be directly affected by such change and in what way they will be affected.
(c) 
The indirect implications of such change on other regulations.
(d) 
Whether such proposed amendment is consistent with the aims of the Village's development policies, as enunciated in §§ 160-1 and 160-2 of this chapter,[1] and the Village of Cobleskill Comprehensive Plan.
[1]
Editor's Note: For additional provisions, see also § 160-3, Overlay Districts.
(2) 
For a proposed amendment involving a change in the Official Zoning Map:
(a) 
Whether the uses permitted by the proposed change would be appropriate in the area concerned.
(b) 
Whether adequate public school facilities and other public facilities and services, including roads, water service, sewer service and drainage facilities, exist or can be reasonably expected to be created to serve the needs of any additional dwelling or other uses likely to be constructed as a result of such change.
(c) 
Whether the proposed change is in accord with any existing or proposed plans in the vicinity.
(d) 
The effect of the proposed amendment upon the growth of the Village as envisaged by the development policies of the Village.
(3) 
If the Planning Board fails to make a recommendation within 30 days of receiving the referral from the Board, the Village Board may act without the Planning Board's report. The thirty-day period may be extended by agreement of the Planning Board and the Village Board.
D. 
By resolution adopted at a meeting of the Village Board, the Village Board shall fix the time and place of a public hearing on the proposed amendment and cause notice to be given in accordance with the provisions of Village Law § 7-706. All notices of public hearing shall specify the nature of any proposed amendment; the land or district affected; and the date when and the place where the public hearing will be held. Notice of the time and place of such hearing shall be published in the official newspaper at least 10 days prior to the public hearing.
E. 
Written notice shall be served either in person or by mail at least 10 days prior to a public hearing upon persons listed in Village Law § 7-706, Subdivision 2. This includes service on another municipality within 500 feet of the proposed change.
F. 
The Village Board shall refer all proposals within the criteria of General Municipal Law § 239-m to the Schoharie County Planning and Development Agency for report and recommendation thereon. If the Schoharie County Planning and Development Agency recommends modification or disapproval, the Village Board may act contrary to the recommendation only by a vote of a majority plus one of the Board of Trustees and by adopting a resolution fully setting forth reasons for such contrary action. The Village Board shall file a report or its minutes reflecting the action taken with the Schoharie County Planning and Development Agency within 30 days of its action. If the Village Board votes to override the recommendations of the Schoharie County Planning and Development Agency, the report or minutes shall set forth the reasons for the contrary action.
Pursuant to Village Law § 7-708, if a protest against the proposed amendment is presented to the Village Board duly signed and acknowledged by a) the owners of 20% or more of the area of land included in the proposed amendment, b) the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom, or c) the owners of 20% or more of the area of land directly opposite thereto extending 100 feet from the street frontage of such opposite land, the amendment shall not be passed except by the favorable vote of at least 3/4 of the members of the Village Board.
Every amendment to this chapter, including any map amendments, shall be entered into the minutes of the Village Board, except that the map may be incorporated by reference or referenced and described in the official minutes. An abstract or summary of any such amendment (excluding any map) shall be published once in the official newspaper of the Village. A copy of the amendment, together with a copy of any map incorporated in the amendment, shall be posted conspicuously at or near the main entrance to the office of the Village Clerk, and affidavits of the publication and posting of the amendment shall be filed with the Village Clerk. The Village Clerk shall maintain an official copy of the Village of Cobleskill Zoning Map and every amendment to the map. Each and every amendment to this chapter shall become effective in accordance with Village Law § 7-706, Subdivision 7.
The provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except where specifically provided to the contrary, it is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings, structures, shelter or premises, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of a building or premises or requires larger open spaces than are imposed or required by any other statute, local law, rule, regulation or permit or by any easement or agreement, the provisions of this chapter shall control.
Violations of the provisions of these standards or any rules or regulations established pursuant thereto shall be subject to all procedures and penalties enumerated in § 160-15, Administration and Enforcement, § 160-15.4, of this chapter.
In accordance with the procedure set forth in § 7-706 of the Village Law, this chapter or any amendments thereto shall take effect 10 days after the required publication, posting and filing with the New York State Department of State, but shall take effect from the date of its service as against a person served personally with a copy thereof, certified by the Village Clerk and showing the date of its passage and entry in the minutes.
Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot." The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used." The word "shall" is mandatory and not optional. All other words used in this chapter shall carry their customary meanings.
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated:
ACCESSORY BUILDING
A building customarily incidental or subordinate to with the principal building on the same lot.
ACCESSORY STRUCTURE
Structures, including but not limited to balconies, stoops, and open porches, are not considered accessory structures.
ACCESSORY USE
A use, occupancy or tenancy customarily incidental to the principal use or occupancy of a building.
ADULT ENTERTAINMENT
Definitions particular to § 160-6.3, Standards for Adult Entertainment:
A. 
A commercial establishment where a substantial portion of the business includes an adult bookstore, adult eating or drinking establishment, adult theater, or other adult commercial establishment, or any combination thereof, as defined below.
B. 
A bookstore that has a substantial portion of its stock-in-trade in any one or more of the following:
(1) 
Books, magazines, periodicals, or other printed matter that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
(2) 
Photographs, films, motion pictures, videocassettes, slides or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
C. 
One that regularly features any one or more of the following:
(1) 
Live performances that are characterized by an emphasis on specified sexual activities or specified anatomical areas; or
(2) 
Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
(3) 
Employees who, as part of their employment, regularly expose to patrons specified anatomical areas and such establishment is not customarily open to the general public during such features because it excludes minors by reason of age.
D. 
Regularly features one or more of the following:
(1) 
Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
(2) 
Live performances characterized by an emphasis on specified anatomical areas or specified sexual activities and such establishment is not customarily open to the general public during such features because it excludes minors by reason of age; or
(3) 
An adult theater shall include commercial establishments where the materials or performances listed above are viewed from individual enclosures.
E. 
May be a facility—other than an adult bookstore, adult eating and drinking establishment, adult theater, commercial studio, or business or trade school—which features employees who, as part of their employment, regularly expose to patrons specified anatomical areas and which is not customarily open to the general public during such features because it excludes minors by reason of age.
F. 
(1) 
Human genitals in a state of sexual stimulation or arousal;
(2) 
Actual or simulated acts of human masturbation, sexual intercourse or sodomy; or
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast.
G. 
(1) 
Less than completely and opaquely concealed human genitals; pubic region; human buttock; anus; female breast below a point immediately above the top of the areola.
(2) 
Human male genitals in a discernibly turgid state, even if completely and opaquely concealed.
ADULT HOME
See "rest home."
AGRICULTURE
The raising of crops, animals or animal products, horticultural or nursery products for gain, including the sale of farm produce and agricultural products.
ALTERATION
Any change, rearrangement or addition to a building or any modification in construction or in building equipment, excluding normal maintenance and repairs.
ANIMAL HOSPITAL
Premises for the medical and/or surgical care of sick or injured animals with or without accessory boarding accommodations for convalescence. The term "animal hospital" shall also include a veterinary clinic.
APARTMENT
See "dwelling, multifamily."
APPLIANCE/COMPUTER REPAIR FACILITY
An establishment for the repair and service of household items, including but not limited to washing machines, dryers, refrigerators, toasters, microwave ovens, and ovens.
ASSISTED-LIVING FACILITY
Residences for the elderly that provide rooms, means, personal care, and supervision of self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation.
AUTOMOBILE REPAIR SHOP
See "motor vehicle repair facility."
BAR
See "tavern/nightclub."
BASEMENT
That space of a building which is partly below grade and which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
BED-AND-BREAKFAST
Owner-occupied, one-family dwelling used for providing overnight accommodations and a morning meal and containing not more than 10 bedrooms for lodgers. The number of overnight guests housed in the facility (excluding the regular residential occupants) may not exceed the number of permitted sleeping units multiplied by three.
BOARDING-, LODGING OR ROOMING HOUSE
A private dwelling in which at least three but not more than six rooms are offered for rent, whether or not table board is furnished to lodgers, and in which no transients are accommodated and no public restaurant is maintained. A boardinghouse is considered a multiple-occupancy dwelling.
BUILDING
A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals, or property. A group of attached townhomes and/or a multifamily dwelling will constitute a single building.
[Amended 4-15-2008 by L.L. No. 3-2008]
BUILDING LINE OR BUILD-TO LINE
A line drawn at the main wall of a building, excluding steps, porches, patios, eaves, cornices or other projections, and extending from lot line to lot line.
BUILDING SCALE
The relationship between the mass of a building and its surroundings, including the width of street, open space and mass of surrounding buildings.
BUS DEPOT
Any premises for the storage or parking of motor-driven buses and/or the loading and unloading of passengers.
CAR WASH
Premises regularly used for washing, cleaning or polishing motor vehicles for compensation.
CELLAR
That space of a building which is partly below grade and which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
CEMETERY
Property used for the interring of the deceased.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the Village of Cobleskill Historic District Review Commission upon approval of the exterior architectural features of any new building construction or alterations to an existing building located within the Village's Historic District.
CERTIFICATE OF COMPLIANCE
A certificate issued by the Code Enforcement Officer when the plans for a proposed use meet all applicable codes and regulations.
CHANGE IN USE
When a particular use has exceeded the scope of its original permit and thus seeks to become part of another use category. A change in use requires either a new permit from any governmental agency; construction that requires a building permit for the construction or enlargement of a structure exceeding 25% of its original square footage; the clearing, excavation or grading of more than 350 square feet of land; the addition of four or more parking spaces; or the enlargement or addition of signs. A change of ownership or tenancy does not constitute a change of use.
CHARITABLE ORGANIZATION
A not-for-profit corporation or association organized for charitable purposes, including but not limited to education, social welfare, environmental conservation, scientific research, cultural enrichment and the arts.
CHURCH
See "places of worship."
CLINIC, MEDICAL OR DENTAL
An independent facility for the provision of health services by licensed professional staff on an outpatient basis and without accommodations for overnight patient stays. A clinic that is an integral part of a hospital or nursing home shall be considered the same use as said hospital or nursing home for purposes of this Code.
COBLESKILL
The incorporated Village of Cobleskill, Schoharie County, New York.
CODE ENFORCEMENT OFFICIAL
The Code Enforcement Officer or the Assistant Code Enforcement Officer.
COIN-OPERATED LAUNDRY
Premises equipped with individual clothes washing and drying and/or cleaning machines which are operated by the customers themselves.
COMMERCIAL LAUNDRY or DRY CLEANER
Premises equipped with machines for washing and drying and/or chemically cleaning and pressing clothes left by customers and picked up after cleaning. "Commercial laundry" or "dry cleaner" also includes premises which serve only as customer dropoff and pickup locations and which send customer's clothes off the premises for cleaning and pressing.
CONDOMINIUM
A multiunit building or buildings in which an owner has exclusive ownership rights to a given unit, but real estate and common elements are owned jointly by a group of owners or by a separate entity. Condominiums are governed by New York State Real Property Law Article 9-B Condominium Law § 339. Condominiums shall be an allowable use in RPUDD-1 and all multifamily zoning categories, subject to an approved site plan review.
[Added 4-15-2008 by L.L. No. 3-2008; amended 9-20-2011 by L.L. No. 8-2011]
CONSERVATION
The protection or management of land in a natural state, including management practices such as clearing and replanting, stream channel maintenance and erosion control, among others.
CONVENIENCE STORE
Quick-stop retail sales outlet with no sale of gasoline and with no motor vehicle repair.
CONVENIENCE STORE WITH GASOLINE SALES
See "gasoline station."
CONVENT/MONASTERY
A multiple-occupancy structure used by an organized religious order to house no more than six members.
CONVERSION
A change in the use of a structure from a single-family unit to a two- or multifamily unit.
COURT, INNER
An open space enclosed on all sides by exterior walls of a building.
COURT, OUTER
An open space enclosed on three sides by a combination of exterior building walls and/or fence, freestanding walls or landscape plants.
COURT, OUTER, DEPTH OF
The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof.
COVERAGE
The area covered by all buildings on a lot, expressed as a percentage of the total lot area.
CUL-DE-SAC
A minor street with only one outlet and having a turning loop at the closed end.
[Added 4-15-2008 by L.L. No. 3-2008]
CURBLINE
The prolongation of the lateral line of a curb or, in the absence of a curb, the lateral boundary of the roadway.
CYBERCAFE
An establishment providing on-site computers and Internet access to the public, with food and nonalcoholic beverage service.
DRIVE-IN
An establishment constructed to cater to the motoring public, whether or not serving pedestrians as well as the automobile trade, and providing curb and/or window counter service. A drive-in facility does not include a restaurant with a drive-through. See "restaurant with drive-in facility."
DRIVE-IN MOVIES
An open lot, together with appurtenant facilities, where motion pictures are shown to paying customers seated in automobiles or on outdoor seats.
DUMP
A lot or part thereof used primarily for disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, offal, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
DWELLING, DUPLEX
A one-family dwelling separated by a party wall from only one adjacent dwelling unit.
DWELLING, MULTIFAMILY
A building containing five or more dwelling units.
DWELLING, MULTIPLE-OCCUPANCY
A single dwelling unit with one or more sleeping rooms used or occupied by permanent or transient tenants; a building with sleeping accommodations used or occupied as a club, dormitory, fraternity or sorority house, or community residence.
DWELLING, ROW or ATTACHED
A one-family dwelling with party walls separating it from adjacent units on both sides having separate water and sewer service.
DWELLING, SINGLE-FAMILY
A detached building containing one dwelling unit only and that is not attached to any other dwelling by any means and is surrounded by open space or yards.
DWELLING, THREE- OR FOUR-FAMILY
A detached building containing three or four dwelling units only.
DWELLING, TOWNHOME
Two to six conjoined dwelling units owned individually and not in common by one owner and separated from the adjacent dwelling unit by party walls and having a separate independent entrance from an outside yard area and each having a separate water and sewer service. The owner of each single-family residential unit owns the real estate directly under his/her unit plus any additional real estate as laid out in an approved site plan and with any necessary subdivision approval. Townhomes shall be an allowable use in RPUDD-1 and all multi-family zoning categories, subject to an approved site plan review.
[Added 4-15-2008 by L.L. No. 3-2008; amended 9-20-2011 by L.L. No. 8-2011]
DWELLING, TWO-FAMILY
A building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced vertical wall, except for a common stairwell exterior to both dwelling units.
DWELLING UNIT
One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family. A boarding- or rooming house, convalescent home, fraternity or sorority house, dormitory, hotel, inn, lodging, nursing, or other similar homes or other similar structures shall not be deemed to constitute a dwelling unit.
EXTERIOR ARCHITECTURAL FEATURES
The architectural style, architectural details and features, general design and general arrangement of the exterior of a building, including the kind and texture of building material and the type and style of doors and windows, light fixtures, signs and other appurtenant fixtures.
FACADE
A building face or wall.
FACADE BREAK
A change in setback or architectural style that may include such things as varying the size or height of architectural components of a building so that a building appears as separate structures. Windows and doors by themselves do not constitute facade breaks.
FAIRGROUNDS
Use undertaken or administered by the Cobleskill Agricultural Society in managing the affairs and activities of the fairgrounds.
FAMILY
One or more persons occupying a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.
FARM
A parcel of land used principally in the commercial raising or production of agricultural products and the necessary or usual dwellings, farm structures, storage and equipment related thereto. Agricultural products shall include, but are not limited to, field crops, vegetable crops, fruit, woodland products, livestock and livestock products and fowl. It excludes kennels and stables used by the public.
FARMERS' MARKET
A seasonal outdoor market for the sale of fresh produce, plants and food products which operates not more than six months in any calendar year, with no permanent structures.
FENCE
An unroofed enclosing structure erected for the purpose of preventing passage or view.
FLOOR AREA, GROSS
The sum of the gross horizontal area of the several floors of the building or buildings on a lot, measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings.
FLOOR AREA, NET
The actual square footage of an area used for gathering people together, not including accessory or other areas used for different purposes or the thickness of walls. Such area is normally enclosed by walls or other dividers.
FOWL
Animals including, but not limited to, domestic birds such as chickens, ducks, geese, turkeys, pheasants or pigeons raised in confinement.
FREESTANDING DRIVE-THROUGH BUSINESS
A freestanding structure with a footprint no larger than 10 feet by 10 feet that by design, physical facilities, service, or packaging procedures encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.
FRONTAGE
The horizontal distance between the side lot lines measured along the street line.
FUEL OIL STORAGE
Premises used for the storage of fuel oil, kerosene or other combustible fuel in tanks for the sale by motor vehicle or other means of conveyance to purchasers at some other location and excluding gasoline storage tanks used at gasoline stations for retail sales or tanks used by individuals when fuel is not sold.
FUNERAL HOME
A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.
GALLERY/MUSEUM
A structure used for the storage and display of cultural, scientific, environmental, historic, or other resources.
GAMES ARCADE
A commercial establishment other than a bar or restaurant in which a substantial portion of the business is games and amusement devices, such as pool, video games, pinball machines and similar mechanical or electronic devices.
GARAGE
Premises used for the storage, display, sale, rental, service or repair of motor vehicles.
GARAGE, PRIVATE
An accessory garage used by the occupants of a principal structure for storing one or more vehicles or boats and within which no business, occupation, service or industry is conducted for profit.
GASOLINE STATION
A commercial establishment which includes the sale and delivery of gasoline or other fuel for the propulsion of motor vehicles. A gasoline station may include the accessory sale and installation of oil or other substances, tires, batteries and other motor vehicle accessories. A gasoline station may also conduct minor vehicle repairs. A gasoline station may also include a quick-stop retail store, provided that the store is an integral part of the gasoline station.
GLARE
Light emitting from a luminaire with intensity great enough to reduce a viewer's ability to see and in extreme cases causing momentary blindness.
GOLF COURSE
A tract of land laid out for at least nine holes for playing the game of golf and improved with tees, greens, fairways, and hazards and that may include a clubhouse and shelter.
GRAPHICS, WINDOW
A sign, logo or other illustrative diagram or sketch attached to or painted on a window or displayed from the interior side of a window for outside viewing.
GROSS FLOOR AREA
See "floor area, gross."
GROUP HOME
A dwelling which is occupied by unrelated persons who may be handicapped, developmentally disabled or emotionally disturbed and which is supervised by a paid or volunteer live-in counselor. A group home is considered a multiple-occupancy dwelling. See "rest home."
HABITABLE SPACE
Space occupied by one or more persons for living, sleeping, eating or cooking and contained wholly within a dwelling unit. Restaurants for employees and occupants, kitchens serving them and kitchenettes shall not be deemed to be habitable space. See "nonhabitable space."
HEIGHT OF A STRUCTURE
The vertical distance measured from the average finished grade at all foundation corners of the building or structure to the highest point of the building or structure, excluding the chimney.
HOME OCCUPATION
A profession or occupation conducted within a dwelling or accessory structure thereto for profit by persons residing therein.
HOTEL/INN
A multiple dwelling used primarily to furnish lodging, with or without meals or tavern facilities, consisting of more than 10 rooms, for compensation.
ILLUMINATION, DIRECT
Illumination which incorporates any artificial lighting as an inherent part or feature or which depends for its illumination on transparent or translucent material or electricity or radio-activated or gaseous material or substance.
ILLUMINATION, INDIRECT
Illumination with an artificial light which is separated from or is not an intrinsic part of the sign itself.
ILLUMINATION, INTERNAL
Illumination with an artificial light which is an intrinsic part of the sign itself and is designed to light the features of the sign from within. Internal illumination is also direct illumination.
INDOOR THEATER/AUDITORIUM
A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances.
INDUSTRY, COTTAGE
Artisan/craftsman production of goods, a substantial portion of which is sold on the premises.
INDUSTRY, LIGHT
Manufacture, assembly, treatment or packaging of products that does not result in a private or public nuisance (e.g., emit objectionable levels of smoke, noise, dust, odor, glare or vibration beyond the property boundaries). A commercial bakery is an example of light industry.
[Amended 6-19-2012 by L.L. No. 4-2012]
JUNK VEHICLE
Any motor vehicle no longer intended or in condition for legal use on the public highways.
JUNKYARD
A lot, land or structure or part thereof used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or other scrap or discarded material or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition and for the sale of parts thereof. "Junkyard" shall mean and include a junkyard within the meaning of § 136 of the General Municipal Law.
KENNEL
Premises used for the sale, harboring, breeding or care of dogs for compensation.
KITCHENETTE
Space less than 60 square feet in floor area used for cooking or preparation of food.
LANDFILL, INDUSTRIAL
A nonhazardous waste landfill accessory to an industrial facility and operated under the permit provisions of the New York State Environmental Conservation Law, Article 27, Title 7 (Part 360).
LANDSCAPE PLANTING
The functional and aesthetic planting and maintenance of trees, shrubbery and flowers in relationship to man-made structures and the existing natural landscape elements.
LAUNDROMAT
See "coin-operated laundry."
LIGHTED SIGN
Any sign designed to give forth or to reflect artificial light.
A. 
Externally illuminated: a sign illuminated with an artificial light which is separated from or is not an intrinsic part of the sign itself.
B. 
Internally illuminated: a sign illuminated by use of an artificial light which is located within the sign structure and which depends for its illumination on transparent or translucent material.
C. 
Neon sign: a sign created by glass tubing incorporating ionic or other discharge of gas. Considered to be an internally illuminated sign.
LIGHT FIXTURE, FULLY SHIELDED
The luminaire shall emit no direct light above a horizontal plane through the lowest direct light-emitting part of the luminaire.
LIGHT TRESPASS
The shining of light produced by a luminaire beyond the boundaries of the property.
LIVERY/TAXI
A commercial establishment for the storage and dispatch of motor vehicles used for hire for the transport of people or goods.
LIVESTOCK
Animals including, but not limited to, domestic animals such as sheep, goats, cattle, swine and horses which are kept on a farm.
LIVING FENCE
Any fence or hedge composed of organic materials.
LOADING BERTH
An entrance to a structure for the purpose of loading and unloading delivered goods and supplies, at least 12 feet wide, 33 feet long and 14 feet high, with unobstructed access, at least 10 feet wide, to and from a street. Such access may be combined with access to a parking lot.
LOT
Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, together with the required open spaces appurtenant to such building or group of buildings.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed to be a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.
LOT DEPTH
The minimum distance from the street line of a lot to the rear lot line of such lot.
LOT LINE
Any boundary of a lot other than a street line.
LOT LINE, REAR
The lot line generally opposite to the street line; if the rear lot line is less than 10 feet in length or if the lot comes to a point in the rear, the "rear lot line" shall be deemed to be a line parallel to the street line not less than 10 feet long lying farthest from the street line.
LOT WIDTH
The dimension measured along the front yard minimum requested setback at substantially right angles to the depth of the lot.
LUMINAIRE
A complete lighting system, including a lamp or lamps and a fixture.
MANUFACTURED HOME SALES
An establishment for the sale of mobile, modular, or other manufactured dwellings.
MANUFACTURING
The fabrication, alteration, processing, finishing, handling or assembly of raw materials and packaging, warehousing and storage of articles in quantity. A bottling plant is an example of manufacturing.
[Amended 6-19-2012 by L.L. No. 4-2012]
MEDICAL/DENTAL CLINIC
Any structure or group of structures occupied by medical practitioners, including but not limited to doctors, dentists, chiropractors, opticians, optometrists, etc., and related services for the purpose of providing health services to people on an outpatient basis.
MEMBERSHIP CLUB
Premises used by a not-for-profit organization or unincorporated association catering exclusively to members and their guests for social, recreational, athletic or similar purposes.
MOBILE HOME
A transportable, one-family dwelling on a chassis, movable either on its own or by being drawn by another vehicle, equipped for year-round occupancy and containing the same water supply, water disposal, heating and electrical conveniences as immobile housing. A modular home is not a mobile home.
MOBILE HOME PARK
Any lot on which two or more mobile homes are located regardless of whether or not rent is charged for such accommodations.
MODULAR HOME
A structure made of prefabricated sections manufactured at another location, shipped to their ultimate destination and assembled on a foundation to form a permanent single-family, row house or multiple-family unit and which meets all New York State requirements concerning factory-manufactured housing. A modular home is constructed of building materials and in a manner which is similar to the materials and construction techniques used for conventional housing. A modular home is not, for the purposes of this chapter, a mobile home.
MOTOR VEHICLE REPAIR FACILITY
A commercial establishment which repairs or replaces motor vehicle engines, body parts or electrical or mechanical systems, including but not limited to:
A. 
Body reconstruction or repair, welding, spray painting or interior alterations or repairs.
B. 
Repair or replacement of all or part of a clutch, transmission, differential, axle, springs or frame.
C. 
Repair or replacement of engines or radiators.
MOTOR VEHICLE SALES LOT
Premises used for the display of new or used automobiles or trucks or related automobile equipment for sale.
MUSEUM
See "gallery/museum."
NET FLOOR AREA
See "floor area, net."
NONCONFORMING BUILDING
A building which contains a use permitted in the district in which it is located but which does not conform to the district regulations for lot area, width or depth; front, side or rear yard dimensions; maximum height; lot coverage; or minimum habitable floor area per dwelling unit.
NONCONFORMING USE
A use, whether of a building or tract of land or both, lawfully existing prior to the effective date of this chapter and which is maintained after the effective date of this chapter even though it does not comply with use restrictions or supplemental regulations applicable to the area in which it is located.
NONHABITABLE SPACE
Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater and boiler rooms, closets and other spaces used for access and vertical travel between stories. See "habitable space."
NONPROFIT ORGANIZATION
Any corporation or association which is organized or conducted exclusively for religious, charitable, hospital, educational, moral or mental improvement of men, women or children or cemetery purposes or for two or more such purposes or which is organized or conducted exclusively for bible tract, benevolent, missionary, infirmary, public playground, scientific, literary, bar association, medical society, museum, environmental and conservation, patriotic or historical purposes, for the enforcement of laws relating to children or animals or for two or more such purposes and used exclusively for carrying out thereupon one or more of such purposes either by the owning corporation or association or by another such corporation or association.
NUISANCE
Any thing or act that annoys or disturbs unreasonably, hurts a person's use of his or her property or violates the public health, safety or welfare.
NURSERY SCHOOL
A premises licensed by New York State and operating under the applicable provisions of the New York State Education Law and the Social Services Law for the organized care and supervision of preschool children. The term "nursery school" includes kindergarten, day-care center, day school and the like. It shall not, however, be construed to include informal child care in the home, whether for compensation or not.
NURSING HOME
An institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for 24 hours or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood, or adoption. A nursing home is synonymous to an extended-care or long-term care facility.
OCCUPANT
The person in occupancy, in possession or in control of premises or using premises.
OFFICE
A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, and communication equipment.
OFF-STREET PARKING
A temporary parking area for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated street right-of-way.
OUTDOOR MARKET
An organized market at which participants sell goods. Flea markets and craft sales are examples of outdoor markets.
OUTDOOR WOODBURNING FURNACE
An accessory structure designed and intended, through the burning of wood, for the purpose of heating the principal structure or any other site, building, or structure on the premises.
[Added 3-20-2007 by L.L. No. 6-2007]
OVERLAY ZONE
A zone or district imposed over existing zoning districts and containing provisions that are applicable in addition to those otherwise contained in the Zoning Law.
OWNER
Owner of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of such building or premises.
PARKING LOT
Land which is open or semienclosed by structures and which is used to provide off-street parking spaces.
PARKING SPACE, OFF-STREET
A space which is out of the public right-of-way and is available and adequate for parking one motor vehicle.
PERFORMING ARTS STUDIO
A place where music and dance is performed and/or recorded.
PERSONAL SERVICE
Establishments to provide services related to personal care. A barbershop, beauty salon, masseur, shoe repair or tailor would be examples of personal service establishments.
PETS
Animals including customary household companions such as dogs, cats and birds.
PLACES OF WORSHIP
A building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses, including church hall, parsonages, rectories.
PLOT PLAN
A map or drawing showing the boundaries of a parcel and all structures, easements, utilities, and important physical features on it, drawn to scale with accurate dimensions.
PRINCIPAL BUILDING
A building in which the main or principal use of the lot on which said building is located is conducted.
PRINTING/PUBLISHING
Industrial printing, large-scale publishing and binding. A copy shop or a photoreproduction shop is not considered printing/publishing.
PUBLIC UTILITY FACILITY
Buildings, structures, and facilities, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves, and all buildings and structures relating to the furnishing of utility services, such as electric, gas, telephone, water, sewer, cellular service, and public transit, to the public.
PUBLIC WATER/PUBLIC SEWER
Sewage disposal and water supply systems owned and maintained by the Village Board for municipal operation.
RAIL TRANSFER
An intermediate destination for the movement of goods between railroad cars and/or between railroad cars and trucks.
A. 
Outdoor activities for an individual or a group. Active recreation includes such activities as baseball, football, skateboarding, ice skating, hockey, etc.
B. 
Outdoor activities for individual relaxation and enjoyment not requiring special playing surfaces or in-place equipment. Passive recreation includes such activities as hiking, cross-country skiing, fishing, picnicking, etc.
RECREATIONAL BUSINESS
A place designed and equipped for the conduct of sports and leisure-time activities that is operated as a business and open to the public for a fee.
RECREATIONAL VEHICLE
A vehicle mounted on wheels, movable either on its own or by being drawn by another vehicle, equipped to be used for living and sleeping quarters not intended to be placed on a permanent foundation. This includes motor homes, trailers, campers and vehicles of a similar nature.
RECYCLING
The process, by which newspapers, magazines, books and other paper products, glass, metal cans, and other products are collected, separated, stored, or treated to return such products to a condition in which they may again be used in new products.
RESEARCH LABORATORY
An establishment or other facility for carrying on investigation in the natural, physical or social sciences, which may include engineering and product development.[1]
A. 
An organized sale in a residential area at which participants sell personal goods which may include goods other than food or produce. Garage sales, porch sales and yard sales are examples of residential garage sales.
B. 
Noncommercial sales of used merchandise such as rummage sales by churches, schools or other nonprofit organizations shall be considered residential garage sales for the purpose of this chapter.
RESTAURANT WITH DRIVE-IN FACILITY
An establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the restaurant, and where ordering and pickup of food may take place from an automobile.
RESTAURANT WITHOUT DRIVE-IN FACILITY
Premises in which food is prepared and served to seated customers. There may be a bar facility and/or entertainment, but the primary business of the establishment is the preparation of meals.
REST HOME
A facility providing assisted-living services to seniors or others in which no more than 15 persons unrelated to each other are housed and fed by persons paid for providing such services and where nursing care and medical services are not normally provided within the facility.
RETAIL
Sale of goods, wares, or commodities to ultimate customers for direct consumption and not for resale.
RETIREMENT HOME
See "rest home."
RIGHT-OF-WAY
The property of an easement permanently established for the passage of persons or vehicles.
ROADSIDE STAND
A light structure with a roof, either attached to the ground or movable, intended for the sale of local produce to the general public and to be used only in conjunction with an outdoor market.
ROOMING HOUSE<