The regulations set by this chapter within each district shall
be minimum regulations and shall apply uniformly to each class or
kind of structure or land, and particularly, except as hereinafter
provided:
A.
No building, structure or land shall hereinafter be
used or occupied, and no building or structure or part thereof shall
hereafter be erected, constructed, reconstructed, moved or structurally
altered, unless in conformity with all of the regulations for the
district in which it is located, except as herein specified.
B.
No building or other structure shall hereafter be
erected or altered to exceed the height or to accommodate or house
a greater number of families or to occupy a greater percentage of
lot area or to have narrower or smaller rear yards, side yards, front
yards or other open spaces than herein required, or in any other manner
contrary to the provisions of this chapter.
C.
No part of a yard or off-street parking space required
about or in connection with any building for the purpose of complying
with this chapter shall be included as part of a yard or off-street
parking space for any other building.
D.
No yard or lot existing at the time of passage of
this chapter shall be reduced in dimension or area below the minimum
requirements set forth herein. Yards or lots created after the effective
date of this chapter shall meet at least the minimum requirements
established by this chapter.
E.
Any use not permitted by this chapter shall be deemed to be prohibited. The list of prohibited uses contained in § 300-27 of this chapter shall not be deemed to be an exhaustive list but has been included to illustrate, by example, some of the uses frequently proposed that are deemed undesirable and incompatible and are thus prohibited.
F.
Uses identified as special permit uses shall be deemed
prohibited uses unless a valid special permit shall be issued by the
Village Board of Trustees or Board of Appeals therefor. Preexisting
uses identified as special permit uses in this chapter, for which
there exists on the effective date of this chapter or amendment thereof
a valid certificate of zoning compliance, shall not be deemed nonconforming
unless such uses are noncomplying as to the bulk or supplemental regulations
of this chapter.
[Amended 11-23-2015 by L.L. No. 13-2015]
Within the R-1A, R-1, R-2, R-3, B and C Districts, Code §§ 300-10 through 300-15 (Schedule of Regulations) shall apply. For the regulations applying to Planned Development (PD) Districts and amendments of Coordinated Development (CD) Districts, see Article IV of this chapter. For the regulations applying to the Waterfront Development Overlay (WDO) Districts, Flood Hazard Overlay (FHO) Districts, and Historic and Architectural Control Overlay (HACO) Districts, see Article V of this chapter.
[Amended 11-24-2014 by L.L. No. 14-2014; 2-23-2015 by L.L. No. 3-2015; 1-18-2018 by L.L. No. 1-2018; 11-25-2019 by L.L. No. 11-2019]
A.
Permitted uses. [NOTE: Any change in a permitted use
requires notification of the Zoning Enforcement Officer and may require
review by one or more boards to meet requirements in other chapters
of the zoning law.]
B.
Uses permitted on issuance of a special use permit
by the Village Board of Trustees or, when indicated below, by the
Zoning Board of Appeals:
(1)
Two-family dwellings.
(2)
Multiple-family dwellings.
(3)
Accessory dwelling units (special use permits to be
considered by the Zoning Board of Appeals).
(4)
Condominiums.
(5)
Places of worship.
(6)
Healthcare facilities.
(7)
Public parks and playgrounds.
(8)
Other municipal facilities.
(9)
Accessory uses to the foregoing.
(10)
Above-ground utility or communication facilities.
(11)
Accessory home occupation (special use permits considered by the
Zoning Board of Appeals).
(12)
Short-term rentals (special use permits considered by the Zoning
Board of Appeals).
C.
Yard, height, and open space requirements.
(1)
Minimum lot width: 100 feet.
(2)
Minimum lot area: one acre (43,560 square feet).
(3)
Minimum yard dimensions:
(a)
Front: the average front yard depth of all principal
buildings on the same side of the street within 300 feet of the lot
and within the same zoning district or 50 feet, whichever is less.
(b)
Side: 20% of the lot width or 35 feet, whichever
is less, except in cases of a common sidewall.
(c)
Rear: 20% of the average depth of the lot or
35 feet, whichever is less.
(4)
Maximum height: 30 feet.
(5)
Lot
coverage: no more than 10% of the total lot area.
[Amended 1-18-2018 by L.L. No. 1-2018; 11-25-2019 by L.L. No. 11-2019]
A.
Permitted uses. [NOTE: Any change in a permitted use
requires notification of the Zoning Enforcement Officer and may require
review by one or more boards to meet requirements in other chapters
of the zoning law.]
C.
Yard, height, and open space requirements.
(1)
Minimum lot width: 50 feet.
(2)
Minimum lot area: 10,000 square feet.
(3)
Minimum yard dimensions.
(a)
Front: the average front yard depth of all principal
buildings on the same side of the street within 200 feet of the lot
and within the same zoning district or 35 feet, whichever is less.
(b)
Side: 20% of lot width or 20 feet, whichever
is less, for principal structures, except in cases of a common sidewall;
10% of lot width or 10 feet, whichever is less, for accessory structures.
(c)
Rear: 20% of the average depth of the lot or
20 feet, whichever is less.
(4)
Maximum height: 30 feet.
(5)
Lot
coverage: no more than 40% of the total lot area.
[Amended 2-25-2013 by L.L. No. 5-2013; 4-23-2016 by L.L. No. 4-2016; 11-25-2019 by L.L. No. 11-2019]
A.
Permitted uses. [NOTE: Any change in a permitted use
requires notification of the Zoning Enforcement Officer and may require
review by one or more boards to meet requirements in other chapters
of the zoning law.]
B.
Uses permitted on issuance of a special use permit by the Village Board of Trustees or, when indicated in § 300-10, by the Zoning Board of Appeals:
C.
Yard and height requirements.
(1)
Minimum lot width: 50 feet.
(2)
Minimum lot area: 5,000 square feet.
(3)
Minimum yard dimensions.
(a)
Front: the average front yard depth of all principal
buildings on the same side of the street within 200 feet of the lot
and within the same zoning district or 20 feet, whichever is less.
(b)
Side: 20% of lot width or 10 feet, whichever
is less, for principal structures, except in cases of a common sidewall;
10% of lot width or five feet, whichever is less, for accessory structures.
(c)
Rear: 10% of the average depth of the lot or
10 feet, whichever is less, for principal structures; 5% of the average
depth of the lot or five feet, whichever is less, for accessory structures.
(4)
Maximum height: 30 feet.
(5)
Lot
coverage: no more than 60% of the total lot area.
[1]
Editor's Note: Former § 300-13, R-3 Residential
District, as amended, was repealed 11-25-2019 by L.L. No. 11-2019.
[Amended 7-20-2009 by L.L. No. 4-2009; 2-28-2011 by L.L. No.
4-2011; 2-25-2013 by L.L. No. 5-2013; 1-18-2018 by L.L. No. 1-2018; 11-25-2019 by L.L. No. 11-2019]
A.
Permitted uses. [NOTE: Any change in a permitted use
requires notification of the Zoning Enforcement Officer and may require
review by one or more boards to meet requirements in other chapters
of the zoning law.]
B.
Uses permitted on issuance of a special use permit
by the Village Board of Trustees or, when indicated below, by the
Zoning Board of Appeals:
(1)
Single-family dwellings.
(2)
Two-family dwellings.
(3)
Multiple-family dwelling.
(4)
Museums.
(5)
Above-ground utility or communication facilities.
(6)
Short-term rentals (special use permits considered
by the Zoning Board of Appeals).
(7)
Hotels.
(8)
Places of worship.
(9)
Healthcare
facilities.
(10)
Accessory uses to the foregoing.
C.
Yard and height requirements.
(1)
Minimum yard dimensions.
(a)
Front: the average front yard depth of all principal
buildings on the same side of the street within 200 feet of the lot
and within the same zoning district or 10 feet, whichever is less.
(b)
Side: zero feet provided emergency access to
the rear of the building is available; otherwise 10 feet.
(c)
Rear: zero feet provided emergency access to the rear of the building
is available; otherwise 10 feet.
(2)
Maximum height: 42 feet.
[Amended 2-21-2006 by L.L. No. 1-2006; 10-20-2008 by L.L. No.
7-2008; 2-28-2011 by L.L. No. 4-2011; 10-22-2012 by L.L. No.
7-2012; 2-25-2013 by L.L. No. 5-2013; 5-27-2014 by L.L. No.
8-2014; 1-18-2018 by L.L. No. 1-2018; 11-25-2019 by L.L. No. 11-2019]
A.
Permitted uses:
(1)
Multiple-family dwellings.
(2)
Public parks and playgrounds.
(3)
Municipal uses.
(4)
Retail stores and shops less than 3,000 square feet in footprint.
(5)
Restaurants.
(6)
Personal service shops.
(7)
Banks.
(8)
Offices.
(9)
Artist studios.
(10)
Light manufacturing less than 3,000 square feet in footprint.
(11)
Gymnasiums less than 3,000 square feet in footprint.
(12)
Mixed occupancy.
(13)
Accessory uses to the foregoing.
B.
Uses permitted
on issuance of a special use permit by the Village Board of Trustees
or, when indicated below, by the Zoning Board of Appeals or Planning
Board
(1)
Single-family
dwellings.
(2)
Two-family
dwellings.
(3)
Dormitories.
(4)
Healthcare
facilities.
(5)
Museums.
(6)
Gymnasiums
3,000 square feet in footprint or greater.
(7)
Places
of worship.
(8)
Schools.
(9)
Theaters
and auditoriums.
(10)
Light manufacturing 3,000 square feet in footprint or greater.
(11)
Above-ground utility or communication facilities.
(12)
Short-term rentals (special use permits considered by Board of Appeals).
(13)
Hotels.
(14)
Retail stores and shops 3,000 square feet in footprint or greater.
(15)
Filling stations.
(16)
Warehouses and self-storage units.
(17)
Commercial paid parking (special use permits considered by Planning
Board).
(18)
Auto service stations.
(19)
Research laboratories.
(20)
Accessory uses to the foregoing.
C.
Yard and height requirements.
(1)
Minimum lot area: 3,000 square feet.
(2)
Minimum yard dimensions:
(a)
Front: The average front yard depth of all principal buildings on
the same side of the street within 200 feet of the lot and within
the same zoning district or 10 feet, whichever is less.
(b)
Side: 10 feet for principal structures, except in cases of a common
sidewall; five feet for accessory structures.
(c)
Rear: In cases where the rear lot line adjoins a residential district,
10 feet for principal structures and five feet for accessory structures;
otherwise, zero feet.
(3)
Maximum height: 30 feet, except buildings north of Glen Avenue, where
the maximum height is 42 feet.
[Amended 4-21-2003 by L.L. No. 4-2003; 2-28-2011 by L.L. No.
4-2011]
It is the intention of this chapter to allow certain uses in specified districts as indicated in §§ 300-10 through 300-15 (Schedule of Regulations) only when standards established herein are met and when, in the judgment of the Village Board of Trustees or Board of Appeals or Planning Board, these uses will not be detrimental to the safety, general health, welfare or to the particular character of the neighborhood or to the values of surrounding properties.
A.
Application for a special permit shall be submitted in writing to the Codes Official for transmittal to the Board of Trustees or Board of Appeals or Planning Board, indicating the section of this chapter under which the special permit is sought, and stating the grounds on which it is requested, in accordance with the procedures in Articles I, XI and XII hereof.
B.
A special permit shall not be issued until after a
public hearing relating thereto is held. At such hearing, interested
parties shall have an opportunity to be heard. At least 15 days' notice
of the time, place and subject of said hearing shall be published
by the Village in the official newspaper. The applicant for the special
permit is responsible for providing a list of properties within 400
feet of said property to the Codes Official. The Village Codes Official
will notify each property owner within 400 feet of the subject property
in writing of said hearing at least 15 days prior to the hearing.
C.
When considering an application for a special use
permit, the Village Board of Trustees, Zoning Board of Appeals, and
Planning Board must apply the following criteria, as applicable to
their respective jurisdictions, and document their conclusions, based
on the criteria, for their decision on the application.
[Amended 11-25-2019 by L.L. No. 11-2019]
(1)
Need. The proposed use, with the exception of home
occupations, accessory dwelling units, and short-term rentals, must
meet a demonstrated community need, as identified in an adopted municipal
plan or land use policy.
(2)
Adjacent land uses. The proposed use must not be detrimental
to its site or to adjacent parcels. The proposed use must be of such
location, size, and character that it will be in harmony with its
surroundings and with the appropriate and orderly development of the
area in which it is proposed to be situated.
(3)
Location and size of use. The nature, volume, and
times of operation of the use involved, the size and layout of the
site in relation to the use, and the location of the site with respect
to existing and future streets providing access must be in harmony
with the orderly development of the area in which it is proposed to
be situated.
(4)
Location, nature, and size of buildings and structures.
The location, height, footprint, and volume of buildings and the location,
nature, and height of walls, fences, and landscape features must be
such that they will not hinder or discourage the development and use
of adjacent parcels and buildings.
(5)
Density of development. The density of the surrounding
area, such as lot size, distances between structures, amount of open
space, street width, and parking regulations, must maintain the character
of the zoning district in which it is proposed to be situated.
(6)
Vehicular access and circulation. Provisions for vehicular
traffic access and circulation, including intersections, road widths,
alignment, grade, pavement surfaces, stormwater infrastructure, visibility
and traffic controls must promote safety considering the proposed
use. Accessways must be adequate for safety but not excessive.
(7)
Pedestrian circulation. Provisions for pedestrian
traffic access and circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian convenience must promote
safety and accessibility.
(8)
Parking.
Location, arrangement, appearance, and sufficiency of off-street parking
spaces and loading berths must be adequate for the proposed use and
in harmony with adjacent parcels. The general landscaping of the site
must be compatible with plant species generally found in the area
and serve to mitigate the visual impact of the parking area.
(9)
Layout.
The location, arrangement, size, design, and general site compatibility
of buildings, lighting and signage must be in general harmony with
the character and appearance of the surrounding neighborhood.
(10)
Drainage facilities/erosion control. Stormwater management plans
and drainage facilities must be in conformance with applicable regulations
and must protect natural resources and adjacent parcels.
(11)
Landscape. The nature and extent of landscaping on the site must
meet or exceed all legal requirements for screening and must not hinder
or discourage the development and use of adjacent parcels and buildings.
Existing trees and shrubbery must be retained to the extent possible.
(12)
Water and sewer. Adequacy of water supply and sewage disposal facilities
and their compliance with New York State and Otsego County Departments
of Health requirements are required.
(13)
Emergency access. Adequate provision for fire, police, and other
types of emergency vehicles must be made.
(14)
Lighting. New buildings and structures must be designed, constructed,
and maintained and new and existing vegetation must be managed so
as not to unreasonably impede solar radiation on other properties
in order to preserve the economic value of solar radiation on buildings,
structures, and parcels; investments in solar energy systems; and
options for future uses of solar energy. Artificial outdoor lighting
must be kept to the minimum intensity needed for the proposed use,
fully shielded to minimize glare and prevent light trespass and sky
glow, and confined within the boundaries of the property.
(15)
Noise, odor, and other irritants. Adequate nuisance prevention measures
have been or will be taken to prevent or control offensive odors,
fumes, dust, noise, and vibration that would hinder or discourage
the development or use of adjacent parcels and buildings.
(16)
Fiscal considerations. The proposed use will not require such additional
public facilities or devices as to create a net fiscal burden upon
the Village greater than those which characterize uses permitted by
right.
D.
A special
use permit issued by the Village Board of Trustees or Zoning Board
of Appeals or Planning Board may be conditioned as follows:
[Added 11-25-2019 by L.L. No. 11-2019]
(1)
Inspection. As a condition of all special permit uses, the Village Zoning Enforcement Officer (see § 300-54) has right of entry for inspection to determine compliance with the conditions of said permit. As a condition of a separate agreement between the Village of Cooperstown and Otsego County, the County Codes Official also has right of entry to determine compliance with the Residential Code of New York State. Short-term rentals will be subject to inspections upon application and annually with registration with reasonable notice. Both Codes Officials have the right to conduct unannounced inspections when investigating a signed complaint.
(2)
Duration
of permit. As a condition of all special use permits, a time limitation
may be imposed.
(3)
Surety.
In order to ensure the completion of work under a special use permit,
performance and permit security may be required for special use permits
considered by the Board of Trustees. Forms of acceptable performance
security include:
(4)
Other
restrictions, The approving board may, as a condition of approval
of any such use, establish any other additional standards, conditions,
and requirements, including but not limited to a limitation on hours
of operation, as it may deem necessary or appropriate to promote the
public health, safety, and welfare and to otherwise implement the
intent of this chapter.
E.
In order
to ensure compliance with this chapter, the expansion or intensification
of a use requiring a special use permit will adhere to the following:
[Added 11-25-2019 by L.L. No. 11-2019]
(1)
A
use subject to an existing special use permit may not be expanded
or intensified unless the board with jurisdiction over the special
use permit approves an application to amend the special use permit
to authorize the expanded or intensified use.
(2)
A nonconforming use permitted by § 300-49 of this chapter that is nonconforming due to lack of a valid special use permit may not be expanded or intensified unless the board with jurisdiction over special use permits for that use approves an application for a special use permit for the existing nonconforming use and the expansion or intensification thereof. The denial of an application for an expansion or intensification of the nonconforming use shall not shall not affect the status of the existing nonconforming use under § 300-49 of this chapter.
(3)
A
board with jurisdiction may hold a public hearing on an application
for expansion or intensification.
A.
Short-term rentals: See § 300-17.1 for all requirements regarding transient rentals.
[Amended 4-21-2003 by L.L. No. 4-2003; 8-16-2004 by L.L. No.
2-2004; 4-26-2007 by L.L. No. 3-2007; 11-24-2014 by L.L. No.
14-2014; 2-23-2015 by L.L. No. 3-2015; 1-18-2018 by L.L. No. 1-2018]
B.
Home occupations are subject to the following conditions in addition to those required in § 300-16:
[Amended 11-25-2019 by L.L. No. 11-2019]
(1)
The occupation or profession will be carried on wholly
within the principal building or within a building or other structure
accessory thereto,
(2)
Not more than one person who does not live on-site
may be employed in the home occupation.
(3)
If the business owner is not the owner of the property,
the property owner must provide written acquiescence to the proposed
activity as part of the application.
(4)
There will be no exterior display, no exterior sign (except as permitted under Chapter 227, Signs, of the Code of the Village of Cooperstown), and no exterior storage of materials.
(5)
Activity generated by the home occupation must not
result in traffic, pedestrian or vehicular, that creates a hazard
or disturbs the residential character of the immediate neighborhood.
(6)
No offensive, noxious or injurious noise, vibration,
smoke, dust, odors, heat or glare may be produced.
(7)
Commercial
stables and kennels, restaurants, funeral homes and mortuaries, and
short-term rentals are not considered home occupations.
(9)
Activities
may be carried out in the home in a residential district without obtaining
a special use permit as a home occupation under this chapter, so long
as the activity brings no clients or customers to the residence, and
no sign of any sort relating to the activity is displayed on or at
the residence. Such activities must, nevertheless, observe all limitations
imposed on home occupations.
C.
Garage and filling stations shall be permitted in
Commercial Districts, provided that:
(1)
No repair work is performed out-of-doors;
(2)
Pumps, lubricating or other devices are located at
least 20 feet from any street line or highway right-of-way;
(3)
All fuel, oil or similar substances are stored within
the safety standards as established by the Village Engineer and all
of such substances stored above ground are at least 35 feet distant
from any street or lot line;
(4)
All automobile parts, dismantled vehicles and similar
articles are stored within a building; and
(5)
Other conditions and safeguards as deemed necessary
by the Board of Trustees shall be carried out.
D.
Public utility structures and service uses shall be
permitted only when found to be necessary for the public health, convenience
and welfare of the people of Cooperstown.[2]
E.
Accessory dwelling units. One accessory dwelling unit
(ADU) per single-family dwelling may be permitted in an R-1, R-2 or
R-3 District, subject to special use permit approval of the Zoning
Board of Appeals, and subject to the following supplementary requirements:
[Amended 11-25-2019 by L.L. No. 11-2019]
(1)
An ADU may be part of a building that contains the
single-family dwelling or in a freestanding accessory structure on
the same parcel with the single-family dwelling;
(2)
The ADU must be subordinate to the single-family dwelling
in square footage and in the case of an ADU in an accessory structure
both square footage and height;
(3)
The owner of the parcel must reside in either the
single-family dwelling or the ADU and either the single- family dwelling
or the ADU must be the owner's primary residence;
(4)
Parcels with ADUs must conform to the lot coverage
requirements of the zoning district in which they are located unless
a variance has been granted by the Zoning Board of Appeals;
(5)
All required off-street parking spaces must be on-site;
(6)
If either the single-family dwelling or the ADU ceases
to be the owner's primary residence, the special use permit for the
ADU will be revoked.
F.
An above-ground utility or communication facility
will require a special use permit and may require screening.
[Amended 2-21-2006 by L.L. No. 1-2006; 11-24-2014 by L.L. No.
16-2014; 11-25-2019 by L.L. No. 11-2019]
(1)
Exception:
A dwelling or business may have one building-mounted antenna less
than four feet in height or one dish 40 inches or less in diameter
or diagonal measurement without a special use permit, provided such
is for private use and does not exceed maximum height requirements
in the district where it is located.
G.
Commercial paid parking lots are permitted by special use in the
Business (B) and Commercial (C) Districts when the following conditions,
limitations and regulations are met:
[Added 7-20-2009 by L.L. No. 4-2009]
(1)
The parking plan for said commercial paid parking lot is approved
by the Village of Cooperstown Planning Board, and said approved plan
provides a minimum of five paid parking spaces in addition to any
parking spaces required for other uses on the property. Parking spaces
of less than the defined minimum size, or with limited maneuvering
space, may be allowed with the approval of the Village of Cooperstown
Planning Board and without the need for a variance from the Village
of Cooperstown Zoning Board of Appeals. A scaled parking and circulation
plan, and an attendant plan, if necessary, must accompany the application.
[Amended 2-28-2011 by L.L. No. 4-2011]
(2)
Commercial paid parking lots are not located adjacent to or across
the street from an area zoned residential. This requirement may, however,
be waived by the Village of Cooperstown Planning Board in the Business
(B) District only, if an adequate buffer or screening is first approved
by the Planning Board.
[Amended 2-28-2011 by L.L. No. 4-2011]
(6)
No exterior alteration or demolition of all or any part of an existing
structure is permitted to facilitate the creation of parking spaces,
unless the applicant has first obtained a certificate of appropriateness
for the alteration or demolition from the Cooperstown Historic Preservation
and Architectural Review Board.
(7)
No vehicle while in commercial paid parking shall be used for camping,
dwelling, sleeping or retail or other business purposes, nor shall
any vehicle in commercial paid parking be used to store personal property
for more than 36 continuous hours if said personal property is visible
from any public street or right-of-way. Recreational vehicles may
not be parked in commercial paid parking areas between the hours of
2:00 a.m. and 6:00 a.m.
[Amended 2-28-2011 by L.L. No. 4-2011]
(8)
Exception
to conditions, limitations and regulations relative to commercial
paid parking. Within the Business and Commercial Districts, trailers,
construction equipment or combination vehicles used at a job site,
or relative to a special event in the Business and/or Commercial District,
may, during the period they are being used, occupy space in commercial
paid parking lots.
[Added 2-28-2011 by L.L. No. 4-2011]
(9)
Notwithstanding
any other provision of this chapter, no boat, trailer or vehicle other
than a motor vehicle as defined herein (see definition of "commercial
paid parking") may remain in a commercial paid parking lot for more
than seven days in any thirty-day period.
[Added 2-28-2011 by L.L. No. 4-2011]
[Added 1-18-2018 by L.L. No. 1-2018]
A.
Existing tourist accommodation special use permits and preexisting nonconforming transient rentals. Owner-occupied and owner-operated tourist accommodations currently operating with a valid special use permit, and preexisting nonconforming transient rentals may continue to operate, subject to the provisions of § 300-17.1D and E.
B.
New short-term rentals. The Board of Appeals may grant a special use permit for a short-term rental to an owner subject to the provisions of §§ 300-16, 300-66E and 300-17.1B(1) through (9):
(1)
Location:
[Amended 11-25-2019 by L.L. No. 11-2019]
(a)
Residential zoning districts: Short-term rentals will only be permitted
in a single- family dwelling or in an accessory dwelling unit located
within a single-family dwelling or in a previously approved accessory
apartment with a valid special use permit.
(b)
Business and commercial zoning districts: Short-term rentals shall
be permitted in any building type in business and commercial zoning
districts.
(2)
Operator: All short-term rentals shall have an operator.
(4)
Occupancy: The maximum occupancy of any parcel in a residential district
shall be 10 people, and the building, as demonstrated on a floor plan
submitted with the application, shall provide for the operator a minimum
of one bedroom for every two family members in residence.
(5)
Incidental use: Short-term rentals shall be incidental to residential
use in residential districts.
(6)
Parking: Required off-street parking shall be:
(7)
Access and maneuvering: In addition to the applicable standards in Article VII of this chapter, the following regulations shall also apply:
(a)
The parcel/site shall safely accommodate the additional activity
and parking.
(b)
Driveways that are already in existence may be used for ingress and
egress, provided they are at least 10 feet in width.
(c)
Shared driveways shall not be used in the circulation plan without
written acquiescence from all involved parties at the time of the
application. If used, a shared driveway shall be at least 10 feet
in width and remain accessible to all parties for the period of short-term
rental use.
(d)
The addition of a new driveway, or an expansion of an existing driveway,
may be approved only if such is necessary and can provide for the
safety of users and adjoining property owners.
(e)
Parking and access lanes shall always be convenient to safely access
and maneuver.
(9)
Other laws: Short-term rentals shall comply with all other requirements
of the laws (Village, county or state) governing the operation of
a tourist accommodation or residential rental property.
C.
Applications
and term for new short-term rental special use permit.
(1)
Application. An application for a special use permit for a short-term
rental shall consist of:
(a)
A complete application for a zoning permit.
(b)
A list of all owners. Where the owner is not an individual person,
the names and ownership percentages of all individual persons with
an ownership interest in the owner shall be provided.
(c)
A floor plan identifying the location of all sleeping rooms.
(d)
A parking, circulation, and lighting plan.
(2)
Special use permit. A short-term rental special use permit shall
be issued for a period of the current calendar year and two additional
calendar years, after which the special use permit shall expire.
(3)
Initial registration. Short-term rental registrations shall be issued
by the Zoning Enforcement Officer (ZEO) following the Board of Appeals
granting of a short-term rental special use permit, the issuance of
a fire safety inspection certificate from Otsego County Codes Office,
and a favorable site inspection by the ZEO, which shall constitute
the annual registration for the first year of operation (until the
end of the current calendar year).
(4)
Subsequent registrations. The two additional calendar years of the
special use permit shall be subject to the registration requirements
below.
D.
Registration
for transient rentals. The Village maintains a master registration
list of all approved transient rentals, including those with special
use permits for short-term rentals and tourist accommodations and
all preexisting nonconforming transient rentals.
(1)
All transient rentals are subject to annual registration in accordance
with the following provisions:
(a)
An application for annual registration shall be made by the first
business day of December for every following year.
(b)
The application shall include a list of emergency contacts, current
ownership information, name of owner-operator or owner's agent, and
a fire safety inspection certificate dated within the past 12 months
for the property from the Otsego County Codes Office.
(c)
Proof of compliance with the Otsego County bed tax requirements for
the previous year shall be verified by the ZEO before the annual registration
application is considered complete.
(d)
Annual registrations shall be issued by the ZEO only upon inspection
and verification of conditions by the ZEO that show the property is
operating in accordance with this chapter arid the original application
and approval, and/or is operating in accordance with its preexisting
nonconforming use.
(e)
Annual registrations shall be valid for one calendar year, January
1 to December 31.
(f)
A registration fee shall be in accordance with the Village Fee Schedule.
(2)
Termination by Board of Appeals: Any transient rental considered
by the ZEO to be in violation of the original application and approval
and/or not operating in accordance with its current preexisting nonconforming
use, as well as any property where there has been a signed complaint
to the ZEO and the ZEO determines the transient rental has had an
adverse effect on the quality of life of the surrounding neighborhood
shall require review by the Board of Appeals. Following a public hearing,
the Board of Appeals shall authorize approval or denial of the reissuance
of the annual registration or may prescribe approval with restrictions
to the operation of the transient rental to provide additional safeguards
for the neighborhood and the public.
E.
Termination
of transient rental use.
(1)
A special use permit for a short-term rental or tourist accommodation
shall become invalid, or the preexisting nonconforming transient rental
status of a short-term residential unit(s) shall be terminated, in
the event of the following:
(2)
Following invalidation, expiration or termination, all new applications
for a transient rental on the parcel shall be subject to the then-current
requirements for a new special use permit for a short-term rental.
(3)
Preexisting nonconforming transient rentals that predate the establishment of Zoning regulations for such use in 1988 will be able to continue uninterrupted, subject to the provisions of § 300-17.1E(1), until December 1, 2028. At that time, they shall cease operation. This is intended as a sunset/amortization provision. After December 1, 2028, use of these properties must be in conformance with the then-current zoning regulations. The owner(s) of these properties may apply for a special use permit for a short-term rental based on compliance with all then-current short-term rental standards and regulations, including all occupancy and operation requirements as established for the zoning district in which they are located.
[Added 9-26-2022 by L.L. No. 5-2022]
F.
Long-term
occupancy.
(1)
Any transient rental may be used for long-term occupancy without
obtaining an additional special use permit from the Village.
(2)
Where long-term occupancy is provided in lieu of transient rental,
the owner shall remain current with the annual registration. Failure
to remain current will result in the termination of the transient
rental permit or loss of the nonconforming status.
G.
Exception:
Owners may rent their house to visitors during Hall of Fame Induction
Weekend without an application for a special use permit or payment
of a registration fee to the Village. The total household occupancy
shall not exceed 10 individuals. The total rental period for the weekend
shall be less than 60 hours.
