[Amended 10-23-2023 by L.L. No. 7-2023]
A. Purpose.
(1) The purpose of the Waterfront Development Overlay District is to
manage land use and development within the waterfront areas of the
Village. The regulations are designed to protect viewsheds, waterfront
areas, and water quality and to maintain land use consistent with
wetland environments.
(2) The overlay district is superimposed on the underlying zoning district;
it establishes additional conditions or prohibitions on a use within
the respective zoning district.
(3) The Waterfront Development Overlay regulations supplement permitting
processes and other reviews required by county, state, or federal
regulations.
B. Goals. The Waterfront Development Overly District is adopted with
the following goals:
(1) To preserve and enhance views of the waterfront from streets and
sidewalks, parks, and other public areas.
(2) To conserve the historic viewshed from Otsego Lake and the Susquehanna
River.
(3) To provide continuity of access to the water from public lands.
(4) To establish a level of development appropriate for a waterfront
location.
(5) To minimize adverse impacts on groundwater and water body quality.
(6) To protect tributary streams and their deltas.
C. Location. The Waterfront Development Overlay District encompasses
the area of Cooperstown that is:
(1) Within 100 feet of the mean high water level of Otsego Lake.
(2) Within 75 feet of the mean high water level of the nearest bank of
the Susquehanna River.
(3) North of Lake Street between the Susquehanna River and the western
Village boundary regardless of distance from Otsego Lake.
D. Special permit required for all uses.
(1) Notwithstanding the provisions of Chapter
300, Article
III, District Regulations, as amended, all uses on lots within the Waterfront Development Overlay District shall require a special use permit with the exception of:
(a)
Public parks or playgrounds and other municipal facilities.
(b)
Accessory uses to single-family dwellings on residential lots,
excluding short-term rentals, accessory home occupations, and accessory
dwelling units.
(2) Special use permit review.
(a)
The Village Zoning Board of Appeals shall review uses that concern
short-term rentals, home occupations, or accessory dwelling units.
(b)
The Village Board of Trustees shall review all other uses.
(c)
The Village Board of Trustees or Village Zoning Board of Appeals
may place conditions on the special use permit to meet the purpose
and goals of this section.
(d)
When site development plan review is required, a special use
permit shall not be issued until the Village Planning Board has made
its recommendations.
(e)
Final site development plan review may not be completed until
after a special use permit, with any requisite conditions, has been
issued.
E. Setbacks, viewshed, and erosion control.
(1) Setbacks.
(a)
No building or structure, except for docks, walkways and stairs,
seawalls, and fences, may be constructed within: 1) 100 feet of the
Otsego Lake shoreline; 2) 75 feet of the Susquehanna River; or 3)
25 feet of Willow Brook within the Waterfront Development Overlay
District.
(b)
Parking spaces and access drives for land vehicles shall be
no closer than 25 feet to Otsego Lake, the Susquehanna River, or Willow
Brook within the Waterfront Development Overlay District.
(2) Viewshed.
(a)
A special use permit applicant shall demonstrate by clear and
convincing evidence that the proposed development will not significantly
diminish the public use, enjoyment, or appreciation of the appearance
and qualities of Otsego Lake or the Susquehanna River. This evidence
may include:
[3]
Field verification techniques.
[4]
Computer visualization techniques such as photo and video simulations.
(b)
Negative visual impacts on locations that are not publicly accessible
or which cannot be seen by the public and only affect private property
owners shall be minimized when feasible.
(c)
Except when required to meet prescribed safety requirements,
all structures within 100 feet of Otsego Lake, 75 feet of the Susquehanna
River, and 25 feet of Willow Brook within the Waterfront Development
Overlay District shall be no taller than 48 inches.
(3) Erosion control.
(a)
New construction shall be undertaken in a manner that maximizes
groundwater permeation and reduces runoff to the extent possible.
(b)
Within 20 feet of the shoreline, no trees or vegetation shall
be removed except:
[1]
Trees three inches or less in trunk diameter.
[2]
Dead, dying, diseased or rotten trees, or other vegetation presenting
safety, health or environmental hazards following documentation by
the Village Zoning Enforcement Officer.
[3]
Routine trimming of branches and vegetation or mowing of lawns.
(c)
Owners are urged to maintain undeveloped areas in an unmowed,
unfertilized state to maintain soil erosion control and protect water
quality.
F. Site development plan requirement.
(1) Site development plan review shall be required under the provisions of §
300-41.
(2) Notwithstanding the provisions of § 300-41C(1), when site
development plan review is required in the Waterfront Development
Overlay District, the Village Planning Board shall review the parking
plan as part of its site development plan review process.
The boundaries of the Flood Hazard Overlay District coincide with areas governed by Chapter
107, Flood Damage Prevention, of the Code of the Village of Cooperstown, namely those areas of special flood hazard identified by the Federal Insurance and Mitigation Administration on its Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) dated May 17, 1974, and by any revisions thereto. Areas thus affected are subject to the requirements of §
300-31B of this chapter.
[Amended 2-21-2006 by L.L. No. 1-2006; 10-20-2008 by L.L. No.
6-2008]
A. Establishment and purpose.
(1) A Historic and Architectural Control Overlay District is established
encompassing the entire Village of Cooperstown. In making this designation
and establishing such overlay district, it is recognized that the
Village of Cooperstown includes a concentration of historic buildings,
structures and sites united historically and aesthetically by their
physical development, and significant for their association with the
lives of historic personages and events that have contributed to the
broad patterns of history, as well as embodying the distinctive characteristics
of multiple architectural types, styles and methods of construction,
and the work of both known and unknown designers. It is also recognized
that the entire Village is part of the Glimmerglass Historic District,
designated as a historic district on the National Register of Historic
Places in 1999.
(2) It is hereby declared as a matter of public policy that the protection,
enhancement and perpetuation of historic and architectural resources
are necessary to promote the economic, cultural, educational and general
welfare of the public. Inasmuch as the identity of a people is founded
on its past and since the Village of Cooperstown has many significant
historic, architectural and cultural resources which constitute its
heritage and make up its unique community character, the purpose and
intent of this section is to:
(a)
Protect and enhance the Village's historic structures and character
which represent distinctive elements of Cooperstown's historic, architectural
and cultural heritage, the Village's sense of place, and its unique
character;
(b)
Foster civic pride in the accomplishments of the past;
(c)
Protect Cooperstown's community character by maintaining a diversity
of residential and nonresidential buildings and sustaining Village
neighborhoods to meet the needs of residents and property owners at
various economic levels;
(d)
Protect and enhance Cooperstown's attractiveness to visitors,
which is a significant factor in the economic viability of the Village;
(e)
Ensure the harmonious, orderly and efficient growth and future
development of the Village; and
(f)
Further the policies set forth in §
300-2 of this chapter.
B. Regulated activity; requirement of certificate of appropriateness. No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction or moving of any building, structure or property within the Historical and Architectural Control Overlay District, nor shall any person make any material change in the appearance of such property, its light fixtures, sidewalks, fences, steps or other exterior elements, without first obtaining a certificate of appropriateness from the Village of Cooperstown Historic Preservation and Architectural Review Board. This section is not applicable to interior elements, color (except as otherwise noted in this section) nor to signs, which continue to be regulated by §
300-30 of this chapter and by Chapter
227, Signs, of the Code of the Village of Cooperstown. However, the Planning Board in granting any sign permit or approval for any building, structure or property shall take into account the criteria set forth in Subsection
E of this section.
C. Historic Preservation and Architectural Review Board.
(1) There is hereby created a board to be known as the "Cooperstown Historic
Preservation and Architectural Review Board" (hereinafter also referred
to as "the Board" in this subsection).
(2) The Board shall consist of five members to be appointed by the Mayor
with the approval of the Board of Trustees.
(a)
All such members shall be residents of the Village.
(b)
To the extent that such professionals are available, the Board
shall include members to represent the disciplines of history, architecture
and architectural history. Members may also represent the fields of
planning, folklore, cultural anthropology, archaeology, conservation,
construction, landscape architecture, museums and other historic preservation-related
professions.
(c)
The composition of Board members shall include a healthy mixture
of individuals with qualifications and interests that complement each
other rather than representing only one field.
(d)
All members shall have a known interest in historic preservation
and architectural development within the Village of Cooperstown.
(3) Terms of Board members will be for three years, with the exception
of the initial term of each member, which shall be staggered with
terms of one, two and three years, respectively, so that only a maximum
of two such members' terms shall expire in any one year.
(4) The Chairman and Vice Chairman of the Board shall be designated by
the Mayor or, in the absence of such designation, shall be elected
by and from among the members of the Board.
(5) The powers of the Board shall include:
(a)
Employment of staff and professional consultants as necessary
to carry out the duties of the Board, subject to Board of Trustees
approval;
(b)
Promulgation of rules and forms as necessary to carry out the
duties of the Board;
(c)
Conducting of surveys of significant historic, architectural
and cultural properties within the Village;
(d)
Designation or identification of neighborhoods or clusters of
properties within the Village that have a distinct historical or architectural
character;
(e)
The making of recommendations to the Board of Trustees concerning
the acquisition of facade easements or other interests in real property
as necessary to carry out the purposes of this section;
(f)
Increasing public awareness of the value of historic, cultural
and architectural preservation by developing and participating in
public education programs;
(g)
Making recommendations to the Board of Trustees concerning the
application for, or utilization of, state, federal or private grants
or funds to promote historic preservation within the Village;
(h)
Recommending acquisition of a historic building, structure or
property by the Board of Trustees where its preservation is essential
to the purposes of this section and where private preservation is
not feasible;
(i)
Approval or disapproval of applications for certificates of
appropriateness pursuant to this section; and
(j)
Making recommendations on use or area variance applications
that come before the Village Zoning Board of Appeals where such variances
involve historic preservation, architectural or historic character
issues.
(6) The Board shall meet at least monthly, but meetings may be held at
any time on the written request of any two of the Board members or
on the call of the Chairman.
(7) A quorum for the holding of meetings and transaction of Board business
shall consist of three of the Board's members.
(8) Alternate members. The Village Board may appoint not more than two
alternate members of the Historic Preservation and Architectural Review
Board. Each such alternate member shall attend meetings of the Historic
Preservation and Architectural Review Board and participate in its
deliberations but shall vote only in the event that a member of the
Historical Preservation and Architectural Review Board is absent,
otherwise unable to act with respect to a particular matter, or is
unable to participate because of a conflict of interest [Village Law,
Section 7-718(16)]. When acting pursuant to the Historic Preservation
and Architectural Review Board authority provided hereby, such alternate
member shall have all the rights and privileges of a member of the
Historic Preservation and Architectural Review Board. The term of
appointment of said alternates shall be as authorized by the Village
Board under a duly adopted resolution. This section is adopted pursuant
to the authority granted by § 10, Subdivision 1(e)(3), of
the Municipal Home Rule Law and shall supersede any provision of the
Village Law which is inconsistent herewith, as well as Village Law
§ 7-718(16).
[Added 4-23-2012 by L.L. No. 4-2012]
D. Procedures for certificate of appropriateness.
(1) Procedure when no other zoning approval is required.
(a)
Application. Prior to the commencement of any activity or work
requiring a certificate of appropriateness when such activity or work
does not involve or is not connected with any other zoning approval
under this chapter, the owner of the subject property shall file an
application for such certificate (together with five copies) with
the Village Zoning Enforcement Officer. Such application shall then
be forwarded to the Board within 21 days of receipt. The application
shall include the following:
[1]
Completed application form, including name, address and telephone
number of owner (and applicant, if applicant is different from owner);
[2]
Location and photographs of the property and/or structure;
[3]
Elevation drawings of proposed changes, if applicable;
[4]
Perspective drawings, including relationship to adjacent properties,
if applicable or available;
[5]
Samples of materials to be used, if applicable or available;
[6]
Any other information that may be necessary in order to visualize
the proposed work; and
[7]
Application fee, if applicable.
(b)
No physical work on, or alteration of, any building, structure
or property shall commence until a certificate of appropriateness
has first been issued by the Historic Preservation and Architectural
Review Board. The certificate of appropriateness required by this
section shall be in addition to and not in lieu of any zoning approval
or permit from the Village of Cooperstown or building permit from
Otsego County that may be required by any other section of this chapter
or other applicable local laws or regulations of the Village of Cooperstown,
Otsego County or the State of New York.
(c)
The Board shall approve, deny or approve the permit with modifications
within 62 days from the date that it accepts the complete application.
If an application involves demolition, the Board shall hold a public
hearing on the application. On all other applications, no public hearing
is required, but the Board, in its discretion, may require a public
hearing on any application where the Board deems a public hearing
would be helpful in obtaining more information for rendering a decision,
where a significant exterior alteration is proposed, where an application
may present public controversy, or where other circumstances warrant
it. Once a public hearing is determined to be required, it shall provide
an opportunity for the applicant to present the proposal and for interested
members of the public to be heard on the proposal. Said public hearing
shall be held within said sixty-two-day time period and shall be subject
to a public notice published in the Village's official newspaper at
least 10 days before the hearing with notices mailed to adjacent property
owners within five days before the hearing is held.
(d)
All decisions of the Board with respect to any application should
be in writing and provide the reasons in support of such decision.
A copy shall be provided to the applicant and a copy retained for
the Board's records, a copy filed with the Village Clerk's office
and with the Zoning Enforcement Officer.
(e)
Certificates of appropriateness shall be valid for 24 months,
after which the owner must reapply if he still wishes to undertake
work on the property.
(2) Procedure when other zoning approval is required. Where any activity
or work requiring a certificate of appropriateness involves or is
connected with any other zoning approval under this chapter, the issuance
of the certificate of appropriateness shall be a condition of any
other zoning approval or permit if it is not obtained prior to the
completion of the other review process. In cases where the certificate
of appropriateness is so integral to the review and decision of the
other zoning approval or permit application, the reviewing board of
the other zoning approval or permit may require, in its sole discretion,
that the certificate of appropriateness be obtained prior to the commencement
of the review process for the other zoning approval or permit.
E. Criteria for approval of a certificate of appropriateness.
(1) In reviewing and making a determination on an application for a certificate
of appropriateness, the Historic Preservation and Architectural Review
Board shall consider the following principles, criteria and guidelines.
(2) The Board's decision shall be based on the following principles of
compatibility:
(a)
Properties which contribute to the character of the Village
and/or the particular neighborhood in which the property is located
shall be retained, with their historic features altered as little
as possible;
(b)
Any alteration of an existing property shall be compatible with
its historic character and, to the extent applicable, also with the
surrounding historic properties or neighborhood; and
(c)
New construction and/or the application of new materials or
technology shall be compatible with the neighborhood in which it is
located.
(3) In applying the principle of compatibility, the Board shall consider
the following factors:
(a)
The general design, character and appropriateness to the property
of the proposed alteration or new construction;
(b)
The scale of proposed alteration or new construction in relation
to the property itself, surrounding properties, and the neighborhood;
(c)
Texture and composition of building materials (and where the
materials are brick, stone or other materials where color cannot be
changed, the color of such materials may be a factor to be considered)
and their relation to similar features of other buildings, structures
and/or properties in the neighborhood;
(d)
Visual compatibility with surrounding buildings, structures
and properties, including proportion of the property's front facade,
proportion and arrangement of windows and other openings within the
facade, roof shape, and the rhythm of spacing of properties on streets,
including setback; and
(e)
The importance of historic, architectural or other features
to the significance of the property.
(4) Additional guidelines.
(a)
A property should be used as it was historically or converted
to a new use that requires minimal change to the defining characteristics
of the building and its site and environment.
(b)
The historic character of a property should be retained and
preserved. The removal of historic materials or alteration of features
and spaces that characterize a property should be avoided.
(c)
Each historic building, structure and/or property should be
recognized as a physical record of its time, place and use. Changes
that create a false sense of historical development, such as adding
conjectural features or elements from other historic properties, should
not be undertaken.
(d)
Changes to a historic building, structure or property which
may have been taken over time are also evidence of the history of
such building, structure or property. Those changes that have acquired
historic significance in their own right should be retained and preserved.
(e)
Distinctive features, finishes, materials and construction techniques
or examples of craftsmanship that characterize a property should be
preserved.
(f)
Deteriorated historic features should be repaired rather than
replaced. Where the severity of deterioration requires replacement
of a distinctive feature and/or material, the new feature and/or material
should match the old in design, color, texture and other visual qualities
and, where possible, materials. Replacement of missing features should
be substantiated by documentary, physical or pictorial evidence.
(g)
Chemical or physical treatments, such as sandblasting and certain
mechanical sanding techniques, that cause damage to historic materials
shall not be used. The surface cleaning of structures, if appropriate,
shall be undertaken using the gentlest means possible.
(h)
Significant archaeological resources affected by any project
shall be documented, protected and preserved. If such resources must
be disturbed, mitigation measures shall be undertaken.
(i)
New additions, exterior alterations or related new construction
should not destroy historic materials, features and spatial relationships
that characterize a building, structure or property. The new work
shall be differentiated from the old and shall be compatible with
the size, scale, materials, features, proportion, massing and character
of the property and neighborhood. Such new additions, exterior alterations
or related new construction should also protect the integrity of the
property and its environment.
(j)
New additions and adjacent or related new construction shall
be undertaken in such a manner that, if removed in the future, the
essential form and integrity of the historic building, structure and
property would be unimpaired.
(5) Energy efficiency; accessibility considerations; health and safety
code considerations. The conservation and improvement of existing
built resources, including reuse of historic and older buildings,
greening the existing building stock, and reinvestment in older and
historic communities, are important components of energy conservation
and combating climate change. Furthermore, Building Code and ADA requirements
ensure that buildings are accessible and provide for the health and
safety of their occupants. As such, the provisions of this section
shall not presumptively prohibit the utilization of renewable energy,
green materials or energy conservation technologies for any property,
nor changes necessary to meet safety and health codes or ADA requirements.
However, such work should be assessed for its potential negative impact
on the building's historic character and to the character of the immediate
neighborhood. Particular care must be taken not to obscure, damage
or destroy character-defining materials or features in the process
of undertaking work to meet code or accessibility requirements or
energy conservation practices.
F. Hardship criteria for demolition. An applicant whose certificate
of appropriateness for a proposed demolition has been denied may apply
for relief on the ground of hardship. In order to prove the existence
of hardship, the applicant shall establish by documentary evidence
that:
(1) The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible,
and provided that the lack of return is substantial as demonstrated
by competent financial evidence;
(2) The property cannot be adapted for any other use, whether by the
current owner or by a purchaser, which would result in a reasonable
return; and
(3) Good-faith efforts to find a purchaser interested in acquiring the
property and preserving it have failed.
G. Hardship criteria for alteration. An applicant whose certificate
of appropriateness for a proposed alteration has been denied may apply
for relief on the ground of hardship. In order to prove the existence
of hardship, the applicant shall establish by documentary evidence
that the property is incapable of earning a reasonable return without
the proposed alteration, regardless of whether that return represents
the most profitable return possible, and provided that the lack of
return is substantial as demonstrated by competent financial evidence.
H. Hardship application procedure.
(1) After receiving written notification from the Board of the denial
of a certificate of appropriateness, an applicant may commence the
hardship process by submitting a hardship application within 24 months
of the date of the decision that denied the certificate of appropriateness
application. No physical work on, or alteration of, any building,
structure or property shall commence and no zoning permit, building
permit or demolition permit shall be issued unless the Board makes
a finding that a hardship exists.
(2) The Board shall hold a public hearing on the hardship application, at which an opportunity will be provided for proponents and opponents of the application to present their views. The procedures set forth in Subsection
D(1)(c) and
(d) above shall be followed with respect to the hearing procedures and decisionmaking procedures.
(3) The applicant shall consult in good faith with the Board, local preservation
groups and interested parties in a diligent effort to seek an alternative
that will result in preservation of the property.
(4) All hardship decisions of the Board shall be in writing. A copy shall
be forwarded to the applicant and a copy retained with the Board's
files, a copy filed with the Village Clerk's office and with the Zoning
Enforcement Officer. The Board's decision shall state the reasons
for granting or denying the hardship application. If the application
is granted, the Board shall approve only such work as is necessary
to alleviate the hardship.
I. Enforcement. All work performed pursuant to a certificate of appropriateness
issued under this section shall conform to any requirements included
therein. It shall be the duty of the Village Zoning Enforcement Officer
to inspect periodically any such work to assure compliance. In the
event work is found that is not being performed in accordance with
a certificate of appropriateness, or upon notification of such fact
by the Historic Preservation and Architectural Review Board, the Zoning
Enforcement Officer shall issue a stop-work order, and all work shall
immediately cease. No further work shall be undertaken on the project
as long as a stop-work order is in effect. The stop-work order shall
remain in effect until lifted by the Zoning Enforcement Officer once
work progresses, or will progress, in accordance with a certificate
of appropriateness.
J. Maintenance and repair.
(1) Nothing in this section shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
building, structure or property within the overlay district which
does not involve a change in design, material or outward appearance.
(2) No owner or person with an interest in property shall permit the property to fall into serious disrepair, as such term is defined in Article
XVI of this chapter, so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Historic Preservation and Architectural Review Board, produce a detrimental effect upon the character of the neighborhood in which it is located, of the Village as a whole, or the life and character of the building, structure or property itself.
K. Violations.
(1) Failure to comply with any of the provisions of this section shall be deemed a violation, and the violator shall be subject to a fine or penalty as provided in §
300-63 of this chapter.
(2) In addition to the fines or penalties provided in §
300-63 of this chapter, any person who demolishes, alters or constructs in violation of this section shall be required to restore the property and its site to its appearance prior to the violation. In addition to the fines or penalties provided in §
300-63 of this chapter, any person who permits a designated property to fall into a serious state of disrepair shall be required to restore the property to a safe condition. If such work requires more than ordinary maintenance and repair, the applicant shall apply for a certificate of appropriateness. Any action to enforce this subsection shall be brought by the Village Attorney. This civil remedy shall be in addition to and not in lieu of any other civil fines or remedies or criminal prosecution and penalty.
L. Appeals. Any person aggrieved by a decision of the Historic Preservation
and Architectural Review Board relating to hardship or a certificate
of appropriateness may, within 30 days of the decision, commence a
special proceeding pursuant to Article 78 of the Civil Practice Law
and Rules (CPLR).