[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.
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Editor's Note: This local law also repealed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.
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]
G.
On-site
consumption dispensaries.
[Added 3-15-2022 by L.L. No. 1-2022]
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.
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:
(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.
(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.
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:
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.
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.
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:
(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.
(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.
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:
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.
[Amended 4-20-2021 by L.L. No. 1-2021]
For a car wash, the applicant shall provide,
as part of the application, written approval from the appropriate
Village of Cobleskill departments of:
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.
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:
(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.
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:
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.
Residential garage sales shall:
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:
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.
[Added 3-15-2022 by L.L. No. 1-2022]
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.
(5)
Parking lots containing more than six spaces
shall be fully screened from all adjacent residential properties.
(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)
(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:
(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:
(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.
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:
(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.
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:
(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.
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:
(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.
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:
(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.
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:
(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)
(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:
(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.
[Amended 1-19-2010 by L.L. No. 1-2010]
[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.
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.
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:
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 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:
(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:
(2)
All applications for a zoning permit shall be
accompanied by:
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.
(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.
(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.
(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.
(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.
D.
Upon substantial completion of the entire project
and prior to issuance of a certificate of zoning compliance or a certificate
of occupancy.
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:
(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.
(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)
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.
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
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.
[Amended 7-21-2020 by L.L. No. 2-2020]
(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.
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.
(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:
(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.
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.
(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.
(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.
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.
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.
(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.
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:
A building customarily incidental or subordinate to with
the principal building on the same lot.
Structures, including but not limited to balconies, stoops,
and open porches, are not considered accessory structures.
A use, occupancy or tenancy customarily incidental to the
principal use or occupancy of a building.
Definitions particular to § 160-6.3, Standards for Adult Entertainment:
ADULT ENTERTAINMENT BUSINESSA 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.
ADULT BOOKSTOREA bookstore that has a substantial portion of its stock-in-trade in any one or more of the following:
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
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.
ADULT EATING OR DRINKING ESTABLISHMENTOne that regularly features any one or more of the following:
Live performances that are characterized by
an emphasis on specified sexual activities or specified anatomical
areas; or
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
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.
ADULT THEATERRegularly features one or more of the following:
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
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
An adult theater shall include commercial establishments
where the materials or performances listed above are viewed from individual
enclosures.
ADULT ENTERTAINMENT BUSINESS, OTHERMay 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.
See "rest home."
The raising of crops, animals or animal products, horticultural
or nursery products for gain, including the sale of farm produce and
agricultural products.
Any change, rearrangement or addition to a building or any
modification in construction or in building equipment, excluding normal
maintenance and repairs.
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.
See "dwelling, multifamily."
An establishment for the repair and service of household
items, including but not limited to washing machines, dryers, refrigerators,
toasters, microwave ovens, and ovens.
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.
See "motor vehicle repair facility."
See "tavern/nightclub."
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.
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.
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.
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]
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.
The relationship between the mass of a building and its surroundings,
including the width of street, open space and mass of surrounding
buildings.
Any premises for the storage or parking of motor-driven buses
and/or the loading and unloading of passengers.
A retail facility that sells at retail any cannabis product,
the sale of which a license is required for an adult use cannabis
retail dispensary under the provisions of the New York State Marijuana
Regulation and Taxation Act.
[Added 3-15-2022 by L.L. No. 1-2022]
Premises regularly used for washing, cleaning or polishing
motor vehicles for compensation.
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.
Property used for the interring of the deceased.
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.
A certificate issued by the Code Enforcement Officer when
the plans for a proposed use meet all applicable codes and regulations.
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.
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.
See "places of worship."
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.
The incorporated Village of Cobleskill, Schoharie County,
New York.
The Code Enforcement Officer or the Assistant Code Enforcement
Officer.
Premises equipped with individual clothes washing and drying
and/or cleaning machines which are operated by the customers themselves.
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.
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]
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.
Quick-stop retail sales outlet with no sale of gasoline and
with no motor vehicle repair.
See "gasoline station."
A multiple-occupancy structure used by an organized religious
order to house no more than six members.
A change in the use of a structure from a single-family unit
to a two- or multifamily unit.
An open space enclosed on all sides by exterior walls of
a building.
An open space enclosed on three sides by a combination of
exterior building walls and/or fence, freestanding walls or landscape
plants.
The linear average dimension measured from the unenclosed
side of the court to the farthest wall thereof.
The area covered by all buildings on a lot, expressed as
a percentage of the total lot area.
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]
The prolongation of the lateral line of a curb or, in the
absence of a curb, the lateral boundary of the roadway.
An establishment providing on-site computers and Internet
access to the public, with food and nonalcoholic beverage service.
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."
An open lot, together with appurtenant facilities, where
motion pictures are shown to paying customers seated in automobiles
or on outdoor seats.
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.
A one-family dwelling separated by a party wall from only
one adjacent dwelling unit.
A building containing five or more dwelling units.
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.
A one-family dwelling with party walls separating it from
adjacent units on both sides having separate water and sewer service.
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.
A detached building containing three or four dwelling units
only.
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]
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.
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.
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.
A building face or wall.
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.
Use undertaken or administered by the Cobleskill Agricultural
Society in managing the affairs and activities of the fairgrounds.
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.
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.
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.
An unroofed enclosing structure erected for the purpose of
preventing passage or view.
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.
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.
Animals including, but not limited to, domestic birds such
as chickens, ducks, geese, turkeys, pheasants or pigeons raised in
confinement.
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.
The horizontal distance between the side lot lines measured
along the street line.
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.
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.
A structure used for the storage and display of cultural,
scientific, environmental, historic, or other resources.
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.
Premises used for the storage, display, sale, rental, service
or repair of motor vehicles.
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.
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.
Light emitting from a luminaire with intensity great enough
to reduce a viewer's ability to see and in extreme cases causing momentary
blindness.
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.
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.
See "floor area, gross."
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."
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."
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.
A profession or occupation conducted within a dwelling or
accessory structure thereto for profit by persons residing therein.
A multiple dwelling used primarily to furnish lodging, with
or without meals or tavern facilities, consisting of more than 10
rooms, for compensation.
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 with an artificial light which is separated
from or is not an intrinsic part of the sign itself.
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.
A building or part of a building devoted to showing motion
pictures, or for dramatic, dance, musical, or other live performances.
Artisan/craftsman production of goods, a substantial portion
of which is sold on the premises.
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]
Any motor vehicle no longer intended or in condition for
legal use on the public highways.
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.
Premises used for the sale, harboring, breeding or care of
dogs for compensation.
Space less than 60 square feet in floor area used for cooking
or preparation of food.
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).
The functional and aesthetic planting and maintenance of
trees, shrubbery and flowers in relationship to man-made structures
and the existing natural landscape elements.
See "coin-operated laundry."
Any sign designed to give forth or to reflect artificial
light.
Externally illuminated: a sign illuminated with
an artificial light which is separated from or is not an intrinsic
part of the sign itself.
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.
Neon sign: a sign created by glass tubing incorporating
ionic or other discharge of gas. Considered to be an internally illuminated
sign.
The luminaire shall emit no direct light above a horizontal
plane through the lowest direct light-emitting part of the luminaire.
The shining of light produced by a luminaire beyond the boundaries
of the property.
A commercial establishment for the storage and dispatch of
motor vehicles used for hire for the transport of people or goods.
Animals including, but not limited to, domestic animals such
as sheep, goats, cattle, swine and horses which are kept on a farm.
Any fence or hedge composed of organic materials.
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.
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.
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°.
The minimum distance from the street line of a lot to the
rear lot line of such lot.
Any boundary of a lot other than a street line.
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.
The dimension measured along the front yard minimum requested
setback at substantially right angles to the depth of the lot.
A complete lighting system, including a lamp or lamps and
a fixture.
An establishment for the sale of mobile, modular, or other
manufactured dwellings.
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]
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.
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.
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.
Any lot on which two or more mobile homes are located regardless
of whether or not rent is charged for such accommodations.
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.
A commercial establishment which repairs or replaces motor
vehicle engines, body parts or electrical or mechanical systems, including
but not limited to:
Premises used for the display of new or used automobiles
or trucks or related automobile equipment for sale.
See "gallery/museum."
See "floor area, net."
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.
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.
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."
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.
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.
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.
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.
The person in occupancy, in possession or in control of premises
or using premises.
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.
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.
An organized market at which participants sell goods. Flea
markets and craft sales are examples of outdoor markets.
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]
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 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.
Land which is open or semienclosed by structures and which
is used to provide off-street parking spaces.
A space which is out of the public right-of-way and is available
and adequate for parking one motor vehicle.
A place where music and dance is performed and/or recorded.
Establishments to provide services related to personal care.
A barbershop, beauty salon, masseur, shoe repair or tailor would be
examples of personal service establishments.
Animals including customary household companions such as
dogs, cats and birds.
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.
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.
A building in which the main or principal use of the lot
on which said building is located is conducted.
Industrial printing, large-scale publishing and binding.
A copy shop or a photoreproduction shop is not considered printing/publishing.
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.
Sewage disposal and water supply systems owned and maintained
by the Village Board for municipal operation.
An intermediate destination for the movement of goods between
railroad cars and/or between railroad cars and trucks.
ACTIVE RECREATIONOutdoor activities for an individual or a group. Active recreation includes such activities as baseball, football, skateboarding, ice skating, hockey, etc.
PASSIVE RECREATIONOutdoor 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.
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.
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.
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.
An establishment or other facility for carrying on investigation
in the natural, physical or social sciences, which may include engineering
and product development.[1]
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.
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.
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.
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.
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.
Sale of goods, wares, or commodities to ultimate customers
for direct consumption and not for resale.
See "rest home."
The property of an easement permanently established for the
passage of persons or vehicles.
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.
See "boarding-, lodging or rooming house."
Any luminaire placed to illuminate steps, entryways and walkways.
Any building or part thereof which is designed, constructed,
or used for education or instruction in any branch of knowledge which
meets state requirements for elementary, secondary, or higher education.
Private schools do not secure the major part of their funding from
any governmental agency.
A properly maintained minimum of a five-foot-high, year-round
visually impervious screen through the use of or any combination of
earthen mounds, trees, rows of trees, hedges, shrubbery, fences, and/or
other means to prevent direct views (of parked vehicles), to avoid
spillover light and glare onto adjacent properties and buffer noise
generated by activities on a lot from other properties in the vicinity
and from the street. Safety and visual access shall be maintained
along any ingress or egress roads.
The distance between the building and any lot line.
A lighting fixture, appliance or device that is equipped
with shields or hoods to confine illumination to within the property
owner's boundaries.
A commercial accessory use by a restaurant or bar/tavern/nightclub
on public sidewalks where food and alcoholic beverages may be served
to seated customers.
Any material (including paper, cloth and canvas), structure
or device for visual communication composed of lettered or pictorial
matter, or upon which lettered or pictorial matter is placed, which
is used outside of or on the exterior of any building or which is
contained on the inside of the window or door of that premises and
is clearly intended to be so visible to persons who may pass the premises,
for display of an advertisement, announcement, notice, banner, logo,
flag, directional matter or name, and includes signs, billboards,
signboards, illuminated signs, neon tube, string of lights or ground
signs.
The area of the surfaces within which are contained all the
elements of the sign, including the advertising surface and any framing,
trim or molding but excluding structural members used only for support.
A sign displayed by a tradesperson at a premises where he/she
is undertaking repairs, improvements or other specified labor.
A sign affixed in some manner to the exterior of a building.
See "illumination, direct."
Any nonmovable sign not affixed to a building and attached
only to the ground and surrounded by open space.
A freestanding sign supported by one or more poles or directly
attached to a ground-level or raised structure where there is no greater
than 12 inches of open area between the bottom of such sign and existing
ground level or raised-base structure level, whichever is appropriate.
See "illumination, indirect."
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.
A freestanding sign supported by one or more poles where
there is a minimum of 12 inches of open area between the bottom of
such sign and existing ground level or raised-base structure level,
whichever is appropriate.
A device on wheels or a stand that is designed to be easily
moved, the purpose of which is to display a message or announcement.
A sign advertising land or improvements thereto or describing
a construction activity or firm doing work related to construction
on the premises where the sign is located.
Any nonilluminated sign or advertising device designed to
be portable and intended for periodic or intermittent use on a public
or private Village sidewalk, walkway or lawn.
A sign as defined above and governed by § 160-10.3C but which is to be displayed for no more than 30 days in a calendar year. Such permits are renewable, under special circumstances, for an additional 30 days.
A sign for a limited, short-term period which advertises
for commercial purposes a product, sale, service, entertainment and
the like where such are sold or offered upon the premises where the
sign is located or to which it is affixed. A banner is considered
a temporary commercial sign.
A sketch of a proposed subdivision showing the information specified in § 135-6 of the Subdivision Regulations to enable the applicant to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and the objectives of these regulations.
An activity or event sponsored by a business or organization
as something above and beyond the normal daily activities of that
business or organization. These events are commonly for a special
promotion of that business or organization (for example, an open house,
sidewalk sale, or community activity).
An enclosed accessory structure used for storage and that
is no larger than 10 feet by 14 feet in size.
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
level of the next higher finished floor or, if there is no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
Any space partially within the roof framing where the clear
height of not more than 50% of such space between the tops of the
floor beams and the structural ceiling level is seven feet six inches
or more.
One of the following:
An existing Village, county or state highway
or street.
A street shown on an approved subdivision final
plan.
A street shown on a map filed with the County
Clerk (in accordance with § 7-708 of the Village Law) prior
to Planning Board authorization to review subdivisions.
A street shown on the Official Map of the Village.
The functional elements of the streetscape, including but
not limited to benches, trash receptacles, planters, telephone booths,
kiosks, signposts, streetlights, bollards and removable enclosures.
The right-of-way line of a street as indicated by dedication
or deed of record.
The visual interface and interaction of the street and sidewalks,
the actual building site and the landscape. It is the built and planted
elements of a street which define its character.
Any combination of materials forming any construction, except
where entirely underground, so as to permit the use of the ground
above the same as if no building was present; the term "structure"
shall include the term "building" as well as the following:
Signs.
Fences.
Walls, other than retaining walls projecting
above the ground not more than three feet at the higher ground level
and not more than 6 1/2 feet at the lower ground level.
Radio and television receiving and transmitting
towers and antennas, except for such antennas installed on the roof
of a building and extending not more than 20 feet above the highest
level of the roof of such building.
Porches, outdoor bins and other similar structures.
A living arrangement comprised of two or more students per
dwelling unit. A student is defined as a person attending or about
to attend a college, or who is on a semester or summer break from
studies at a college or university, or any combination of such persons.
Student residences shall not include fraternities, sororities or community
residential programs. Nothing in this definition shall be construed
to exempt a student residence from the requirements of the New York
State Building Code, specifically Section 404.4, as student residences
must comply with all sections of that code. This definition shall
not be construed in a way in which it would require enforcement of
this Code to impermissibly infringe upon the rights of a family to
reside together as those rights are defined by the New York State
Court of Appeals.
[Added 5-19-2015 by L.L.
No. 4-2015]
"Outdoor water pools" shall, for the purposes of this chapter,
be construed to mean any swimming pool, tank, depression or excavation
in any material, dike or berms constructed, erected, excavated or
maintained which will cause the retaining of water to a greater depth
than 18 inches and having a surface area of water greater than 100
square feet, except such as shall hereinafter be excluded. The word
"pool" shall be construed to mean an outdoor water pool to be used
for swimming or bathing by any family or persons residing on the premises
and their guests. Such noncommercial swimming pools shall not be operated
for gain and shall be located on a lot only as an accessory use to
the dwelling or dwellings thereon.
A premises licensed under the laws of New York State for
the sale of alcoholic beverages and their consumption on the premises.
Live entertainment may also be provided on a regular basis. The availability
of food is incidental to the principal activity of selling alcoholic
beverages.
An interior lot having frontage on two approximately parallel
or converging streets, other than a corner lot.
Retail sales occurring from vehicles designed to carry cargo
and material.
An area and building where trucks load and unload cargo and
freight and where the cargo and freight may be broken down or aggregated
into smaller or larger loads for transfer to other vehicles or modes
of transportation. Storage facilities, such as warehouses, incidental
to the principal use may also be part of a truck terminal.
All unenclosed portions of the ground of a lot which are
not devoted to driveways or parking spaces, which are free of structures
of any kind, of which not more than 25% are roofed for shelter purposes
only, the minimum dimension of which is 40 feet, and which are available
and accessible to all occupants of the building or buildings on said
lot for purposes of active or passive outdoor recreation.
A use customarily incidental and supplemental and clearly
subordinate and secondary to the principal use located on the same
lot.
A use allowed as a matter of right in a district.
The main, primary use of a lot.
A modification of the use and/or bulk regulations of this
chapter in an individual case where, due to specific facts and conditions
relating to a particular property, literal application and strict
enforcement would result in unnecessary hardship or practical difficulty
that would deprive the owner of the reasonable use of the land or
structures.
Authorizing the use of land in a manner that is not permitted
by virtue of the dimensional or physical requirements of the Zoning
Code.
Authorizing the use of land for a use that is not permitted
or that is prohibited by the Zoning Code.
A structure or open area, other than a right-of-way or public
parking area, used for the display, sale, or rental of new or used
vehicles in operable condition and where no repair work is done.
The Incorporated Village of Cobleskill, Schoharie County,
New York.
The workshop of an artist, sculptor, photographer, or craftsperson
where artwork is produced.
Sale of relatively large quantities of goods, wares, commodities
or services to retailers for resale and not for direct consumption.
Definitions particular to § 160-6.6, Standards for Wireless Telecommunications Towers and Facilities:
ACCESSORY STRUCTUREThe additional buildings and structures that are incidental or subordinate to the principal building or structure on the same lot. Such structures are customarily used in connection with the principal building or structure and may include base stations designed and used to shelter equipment and/or to support personal wireless services. The term "accessory structures" does not include offices, long-term storage of vehicles or other equipment storage, or broadcast studios.
ACTThe Telecommunications Act of 1996.
AFFILIATEA person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person.
ANTENNAA system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include, but are not limited to, radio, television, cellular, paging, personal communications services (PCS), light waves, and microwave telecommunications.
ANTENNA SUPPORT STRUCTUREAny building or structure, other than a tower, that can be used for locating telecommunications facilities.
APPLICANTAny person who applies for a tower development permit.
APPLICATIONThe process and appropriate documentation that an applicant submits in order to receive a permit to develop, construct, build, modify or erect a tower, antenna, antenna support structure, or telecommunications facility. The application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the Village concerning such a request.
COLLOCATIONThe use of the same telecommunications tower or structure to carry more than one antenna for the provision of wireless services by two or more persons or entities.
COMPLETED APPLICATIONAn application that contains all information and/or data necessary to enable the appropriate Village board to evaluate the merits of the application and to make an informed decision with respect to the effect and impact of wireless telecommunications facilities on the Village in the context of the permitted land use for the particular location requested.
ENGINEERAny engineer licensed by the State of New York.
FEDERAL COMMUNICATIONS COMMISSION (FCC)The federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services, and providers on a national level.
FREESTANDING TOWERA tower that is not supported by guy wires and ground anchors or other means of attached or external support.
HEIGHTWhen referring to a tower or structure, the distance measured from the preexisting grade level to the highest point on the tower or structure, even if the highest point is an antenna.
OWNERAny person with fee title or a long-term (exceeding 10 years) leasehold to any parcel of land within the Village who desires to develop or construct, build, modify, or erect a tower, antenna, antenna support structure, or telecommunications facility upon such parcel of land.
PERSONAny individual, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not-for-profit.
PERSONAL WIRELESS SERVICESCommercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by § 704 of the Telecommunications Act of 1996.
STEALTHAny tower or telecommunications facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look like objects other than a tower, such as light poles, power poles, trees, flagpoles, and steeples. The term "stealth" does not necessarily exclude the use of lattice or monopole designs.
TELECOMMUNICATIONSThe transmission and reception of audio, video, data, and other information by wire, radio frequency, light and other electronic or electromagnetic systems.
TELECOMMUNICATIONS FACILITIES or WIRELESS TELECOMMUNICATIONS FACILITIESAny cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications that a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include:
TOWERA self-supporting lattice or monopole structure constructed from grade that supports telecommunications facilities. The term "tower" shall not include a tower or antenna that is under 50 in height and that is owned and operated solely by a federally licensed amateur radio operator.
VISUAL EAFA visual environmental assessment form.
An unoccupied ground area, open to the sky, between any building
and the front lot line and measured perpendicular to the building
at the closest point to the front lot line. The front yard should
follow the front contour of the house.
A line drawn parallel to a street or lot line at a distance
therefrom equal to the respective yard dimension required by this
chapter.
An unoccupied ground area, open to the sky, between the rear
lot line and a line drawn parallel thereto along the rear of the building,
extending from lot line to lot line.
Any yard measured between a line drawn parallel to a street
or lot line at a distance therefrom equal to the respective yard dimension
required by this chapter.
An unoccupied ground area, open to the sky, between any lot
line other than a street or rear lot line and a line drawn parallel
thereto along the side of the buildings between and not including
any portion of the front and rear yards.
[1]
Editor's Note: The former definition of "residential
conversion," which immediately followed this definition, was repealed
3-20-2007 by L.L. No. 5-2007.