A.
Shooting galleries, amusement arcades and other uses
of a similar nature are prohibited.
B.
Roadside stands or any retail business conducted from temporary or nonpermanent structures or outdoors on lawns, sidewalks, driveways or patios is prohibited, except as allowed under Chapter 277, Vending, Peddling and Soliciting, of the Code of the Village of Cooperstown.
[Amended 4-17-1995 by L.L. No. 4-1995; 6-19-1995 by L.L. No.
5-1995]
C.
Any use of land, building and structures or any industrial
process that may be offensive, noxious or injurious by reason of the
production or emission of dust, smoke, heat, glare, refuse matter,
odor, gas, fumes, noise, vibration or similar substances or conditions
is prohibited. Emission of smoke, as measured at the point of emission,
which is darker or more opaque than Number 1 on the Ringelmann Smoke
Chart published by the United States Bureau of Mines, is prohibited,
except that smoke not darker or more opaque than Number 2 on said
chart may be emitted for periods not longer than four minutes in any
30 minutes.
D.
High-pressure boilers, equipped to operate regularly
over 15 pounds per square inch, are prohibited except in the Commercial
District.
E.
Establishments offering adult entertainment in any
residential district are strictly prohibited. Establishments offering
adult entertainment within 500 feet of any residential district or
within 800 feet from a school, house of worship or day-care center
are also strictly prohibited.
[Added 2-21-2006 by L.L. No. 1-2006]
F.
Portable storage containers.
[Added 12-22-2016 by L.L.
No. 11-2016]
(1)
Portable storage containers that do not comply with Subsection F(2) of this section are prohibited in the Village of Cooperstown.
(2)
Portable storage containers are permissible in any district if all
the following conditions are met:
(a)
Only one portable storage container may be placed on a lot.
(b)
A portable storage container may not exceed the dimensions of
16 feet in length, eight feet in width, or eight feet in height.
(c)
The portable storage container may not be located within the
front yard setback and may not violate the minimum yard dimensions
for the district in which the lot is located. However, the portable
storage container may be located on an existing residential driveway
within the front yard setback, provided it does not obstruct the sidewalk
or a shared driveway, and the driveway is not within the side yard
setback.
(d)
No hazardous material may be stored in a portable storage container.
(e)
A portable storage container may not remain on the lot for longer
than a total of 93 days in any consecutive three-hundred-sixty-five-day
period.
(3)
At least three business days before a portable storage container
is placed on a lot, a lot's owner shall apply to the Zoning Enforcement
Officer for a portable storage container permit. The permit application
shall include the owner's name, residence address and telephone number,
the lot's street address, and the date on which the portable storage
container will be placed on the lot.
(a)
If the Zoning Enforcement Officer determines that the application
is complete, he or she shall grant a portable storage container permit
for a thirty-one-consecutive-day period.
(b)
If a lot owner, in a written request, demonstrates a bona fide reason for an extension, the Zoning Enforcement Officer may grant two extensions of the portable storage container permit for a period that does not exceed 31 consecutive days, and that does not exceed the limit set forth in Subsection F(2)(e) of this section.
(4)
This subsection does not apply to a construction trailer used at
a construction site where permitted residential or commercial construction
is being undertaken and where the trailer is utilized for construction
storage and/or temporary office purposes.
A.
The Board of Appeals may permit a garage accessory
to a residence to be located within the front yard where, due to topographic
conditions, there would be practical difficulties in constructing
a safe and convenient drive from the street; provided, however, that
such garage shall not adversely affect the future use and development
of adjacent properties.
B.
No shrubbery, hedge or other natural growth, fence
or wall over three feet higher than the apex at the center line of
the street shall be located within the triangular area shown shaded
in Sketch A below at the intersection of two streets, nor shall the
limbs or foliage on any tree obstruct vision or be permitted to grow
nearer to the ground than eight feet where such limbs or foliage overhang
or are over land within the triangular area as shown in Sketch A.
 |
C.
An unroofed terrace, patio, or deck that is not more
than four feet above ground level, including railings, is permitted
in a required yard.
[Amended 11-25-2019 by L.L. No. 11-2019]
D.
An awning or movable canopy may project not more than
1/2 of the distance into a required yard; cornices or eaves may project
not more than 24 inches into a required yard.
E.
A fence or wall is permitted, as defined under "fence" and "yard" in Article XVI. A fence which is installed along a lot line or within any yard shall have a comparable quality and appearance on both sides.
F.
All required front yard depths shall be measured from
the designated street line, front lot line or existing street line,
whichever is a greater distance from the center line of the public
street abutting the lot in question. Where lots are subdivided on
other than a public street, the designated street line, for purposes
of front yard measurement, shall be parallel to and 25 feet distant
from the center line of any access easement or right-of-way.[1]
[1]
Editor's Note: Former Subsection G, pertaining to corner lot
yards, which immediately followed this subsection, was repealed 11-24-2014
by L.L. No. 16-2014.
G.
An open
fire escape may project not more than six feet into a required rear
yard.
[Added 11-25-2019 by L.L. No. 11-2019]
[Amended 11-24-2014 by L.L. No. 16-2014]
The height limitation of this chapter shall not apply to:
A.
Exposed rooftop bulkheads, elevator penthouses, stair
towers, water towers, fire towers, hose towers, cooling towers, or
mechanical or electrical equipment, provided such features occupy,
in the aggregate, no more than 10% of the roof area of a building
measured in plan/aerial view and are set back from the edge of the
roof at least one foot for each one foot by which such features exceed
the maximum height otherwise specified for the district in which they
are located. All exposed mechanical and electrical equipment located
on the tops of building shall be buffered.
B.
Chimneys, provided such features occupy no more than 10% of the roof
area of a building measured in plan/aerial view.
C.
Cupolas or steeples, provided such features shall not occupy more
than 10% of the roof areas of a building measured in plan/aerial view
D.
Parapet walls or cornices, provided they do not exceed
the maximum height requirement for the district in which they are
located by more than four feet.
E.
Solar energy systems, provided such systems are erected
only to the height necessary to accomplish the purposes they are intended
to serve; a certificate of appropriateness shall be required for such
systems.
Chapter 227, Signs, of the Code of the Village of Cooperstown provides the requirements for all signs erected as accessory uses to any uses permitted in this chapter.
A.
B.
If a proposed site is in a flood hazard location identified by the Federal Insurance Administrator pursuant to the Flood Disaster Prevention Act of 1973, as amended, any proposed activity or construction on such a site shall be subject to the requirements of Chapter 107, Flood Damage Prevention, of the Code of the Village of Cooperstown.
C.
Not more than 30% of trees with a trunk diameter of
six inches or more on any property may be cut or drastically altered
in configuration in any district within a ten-year period. In addition,
within 20 feet of the shoreline of the lake or the river, not more
than 30% of the small trees or bushes may be cut or drastically altered
in configuration over a ten-year period. Site development plans must
detail all proposed tree and brush removal. This subsection shall
not apply to the pruning or cutting of trees that are diseased or
unsafe.
A.
The Village Board hereby authorizes the Planning Board,
simultaneously with the approval of a subdivision plat in accordance
with § 7-738 of the Village Law, to modify the applicable
bulk and area provisions of this chapter.
(1)
This procedure shall be applicable only to lands zoned
for residential purposes and may be initiated only as follow:
(2)
The procedure may be used to modify the minimum lot
area requirements; lot width; front, side and rear yards and setbacks;
and street frontage. This procedure shall not be used to modify the
requirements for building height.
B.
The application of this procedure shall result in
a permitted number of dwelling units which shall in no case exceed
permitted number of dwelling units which could be permitted, in the
Planning Board's judgment, if the land were subdivided into lots conforming
to the minimum lot size and density requirements of the zoning applicable
to the district or districts in which such land is situated and conforming
to all other applicable requirements. However, in the calculation
of the number of such permitted lots, the Planning Board shall not
consider areas of the tract which are unbuildable due to the presence
of conditions such as wetlands, steep slopes and areas subject to
flooding. The Planning Board may, at its discretion, require the applicant
to submit a standard plat along with the clustered plat for the purpose
of arriving at the maximum density calculation.
C.
In the event the application of this procedure results
in a plat showing lands available for park, recreation, open space
or other municipal purposes, then the Planning Board, as condition
of final plat approval, may establish such conditions as to the ownership,
use and maintenance of such lands as it deems necessary to assure
the preservation of such lands for their intended purposes. All such
conditions shall be approved by the Village Board prior to preliminary
plat approval by the Planning Board.
D.
Open space land created as part of the application
of average density (cluster development) to a subdivision plat, and
which is not required or permitted to be accepted for dedication to
the Village of Cooperstown, shall be in a form of common ownership,
which form and content shall be subject to the approval of the Village
Board and which shall meet at least one of the following conditions:
(1)
That each owner or owners of every subdivision lot
shall be an owner in common with the other owners of the subdivision
of the land intended to be held as open space.
(2)
That each subdivided lot shall carry with it a covenant
underwriting the payment of taxes on the open space land, which covenant
shall bind the owner thereof and every successive owner thereof.
(3)
A homeowners' or cooperative association or corporation
may be formed to hold ownership of the open space, provided that each
and every subdivided lot owner shall remain liable for the taxes,
operation and maintenance of the open space land.
(4)
Such other mechanism or form as shall be approved
by the Village Board which shall satisfy the requirements of the payment
of taxes and the operation and maintenance of the property so created.
E.
In those instances where the Planning Board requires
the owner to submit an application which reflects a modification of
the bulk and area provisions of this chapter, it may require that
such plat address site-specific conditions, as required by the Planning
Board, including:
(1)
Housing types allowed, e.g., detached, semidetached,
attached, etc., and the percentage or amount of each type to be allowed;
(2)
The percentage of open space required;
(3)
The amount of parking required;
(4)
The maximum amount of roadway allowed; and
(5)
Other elements such as the type of access to be provided
to the site, the type of grading and landscaping to be carried out,
the amount of buffering, drainage, etc.
F.
Plats for which a clustered development is proposed
shall be processed in the same manner as regular plat approval applications,
except that the following conditions shall also be met:
(1)
If the owner of subdivider of the land being subdivided desires or is required to make this modification, he shall make application to the Planning Board at the same time as applying for subdivision approval in accordance with Chapter 245, Subdivision of Land, requirements.
(2)
The Planning Board, before modifying such requirements
shall find that such modification would be consistent with the intent
of this authorization, in conformance with the intent of the Comprehensive
Area Development Plan and, in the Board's judgment, beneficial to
the interests of the Village and the neighborhood in which the subdivision
is located.
(3)
If as a result of this procedure lands are make available
for common open space or public use, such lands shall be clearly indicated
on the subdivision plat.
(4)
The Planning Board shall hold a public hearing upon
the application for modification of zoning requirements prior to the
approval thereof, and such hearing may be held simultaneously with
the hearing upon the preliminary subdivision plat.
(5)
On the filing of the plat in the office of the Otsego
County Clerk, a copy shall be filed with the Village Clerk, who shall
make appropriate notations and references thereto in the Official
Zoning Map.
