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.

The overlay district is superimposed on the underlying zoning district; it establishes additional conditions or prohibitions on a use within the respective zoning district.

The Waterfront Development Overlay regulations supplement permitting processes and other reviews required by county, state, or federal regulations.

To preserve and enhance views of the waterfront from streets and sidewalks, parks, and other public areas.

To conserve the historic viewshed from Otsego Lake and the Susquehanna River.

To provide continuity of access to the water from public lands.

To establish a level of development appropriate for a waterfront location.

To minimize adverse impacts on groundwater and water body quality.

To protect tributary streams and their deltas.

Within 100 feet of the mean high water level of Otsego Lake.

Within 75 feet of the mean high water level of the nearest bank of the Susquehanna River.

North of Lake Street between the Susquehanna River and the western Village boundary regardless of distance from Otsego Lake.

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:

Special use permit review.

Setbacks.

Viewshed.

Erosion control.

Site development plan review shall be required under the provisions of § 300-41.

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.

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.

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:

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).

The Board shall consist of five members to be appointed by the Mayor with the approval of the Board of Trustees.

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.

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.

The powers of the Board shall include:

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.

A quorum for the holding of meetings and transaction of Board business shall consist of three of the Board's members.

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).

Procedure when no other zoning approval is required.

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.

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.

The Board's decision shall be based on the following principles of compatibility:

In applying the principle of compatibility, the Board shall consider the following factors:

Additional guidelines.

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.

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;

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

Good-faith efforts to find a purchaser interested in acquiring the property and preserving it have failed.

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.

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.

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.

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.

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.

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.

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.

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.