Cooperstown Village
City Zoning Code
City Zoning Code
ARTICLE VII
Accessory Parking and Loading Requirements
§ 300-33 Requirements for minimum off-street parking.
[Amended 8-13-1990 by L.L. No. 2-1990; 2-25-2013 by L.L. No. 5-2013; 11-24-2014 by L.L. No. 14-2014; 11-24-2014 by L.L. No. 16-2014; 2-23-2015 by L.L. No. 3-2015; 1-18-2018 by L.L. No. 1-2018; 10-23-2023 by L.L. No. 7-2023]
Off-street parking spaces shall be provided in all districts in accordance with the minimum requirements set forth below:
A.
One space per unit for residential dwelling units with one bedroom or fewer in a residential district and for each dwelling unit in a business or commercial district.
B.
Two spaces per unit for residential dwelling units with two bedrooms or more in a residential district.
C.
For a multifamily dwelling, the number of off-street parking spaces shall be reduced to 1.5 per unit for residential dwelling units with two or more bedrooms in a residential zone; in the case of a fractional total for the multifamily dwelling, the total shall be rounded up.
D.
In community residential facilities, as determined by the Village board reviewing the special use permit application.
E.
One space per each guest sleeping room for transient rentals, motels, and hotels.
F.
One space for each 300 gross square feet or fraction thereof of retail or wholesale selling space.
G.
One space for each 1,000 gross square feet or fraction thereof of warehouse space.
H.
One space for each four seats in theaters, auditoriums, churches and restaurants.
I.
One space for each 400 gross square feet or fraction thereof in offices, museum exhibition spaces, hospitals and hospital-related accessory structures and offices.
J.
One space for each 500 gross square feet or fraction thereof of manufacturing space or laboratories.
K.
The area of parking structures shall not be included in the gross square footage calculations for any of the above uses.
L.
For any use not listed in Subsections A through I preceding, the Board of Appeals shall establish the minimum requirement for the specific use in question.
M.
In the Business District, the minimum requirement for off-street parking for all short-term rentals, tourist accommodations, motels and hotels shall be met. For all other permitted, special use permitted and nonconforming uses in the Business District, where the Zoning Enforcement. Officer determines it is not possible to provide the number of off-street parking spaces called for by this chapter, those parking requirements that cannot be met shall be waived. In cases where proposed expansion or new construction would eliminate existing required parking, the board charged with reviewing the parking plan shall review the project and may establish a lower minimum parking requirement if doing so furthers the policies for land use as presented in Article I (§ 300-2).
§ 300-34 Parking plan review.
[Amended 2-25-2013 by L.L. No. 5-2013; 11-24-2014 by L.L. No. 16-2014]
A.
Requirement. All proposed required parking shall be reviewed; approval is required prior to installation.
(1)
The submittal of a complete parking plan is required where one or more of the following conditions apply; that plan shall be reviewed by either the Planning Board or the Zoning Board of Appeals:
(a)
A parking area includes five or more spaces outside a garage or carport;
(b)
A loading berth is included;
(c)
Off-site parking is included;
(d)
A special use permit is required;
(e)
Site development plan review is required; or
(f)
A proposed parking area necessitates an area variance or a relaxation of standards set forth in this article for parking requirements in the Business District; size of spaces related to provisions for compact cars; width of accessway or aisles; grassed surfaces; or proximity to an intersection.
(2)
Where none of the above conditions apply, proposed parking shall be reviewed by the Zoning Enforcement Officer, who may waive the submission of a complete parking plan if the intent of such can be met with a written statement.
B.
Submission. A complete parking plan, drawn to scale, shall include:
(1)
Property lines.
(2)
The location of buildings and structures on site and on adjoining properties.
(3)
Required yards.
(4)
The location of parking spaces and any loading berths.
(5)
Vehicular accessways and internal circulation.
(6)
Sidewalks and other pedestrianways.
(7)
Drainage.
(8)
Lighting.
(9)
Dimensions of parking spaces, accessways and aisles.
(10)
Description of surfacing.
(11)
Location and description of buffering and landscaping.
C.
Approval process. Where review and approval is required by the Planning Board or Zoning Board of Appeals, the complete parking plan shall be reviewed as follows:
(1)
In cases of short-term rentals and home occupations requiring a special use permit, the Board of Appeals shall review and approve the parking plan prior to issuing a special use permit.
[Amended 1-18-2018 by L.L. No. 1-2018]
(2)
Where site development plan review is required, the Planning Board shall review the parking plan as part of the site development plan review process.
(3)
In all other cases where a parking plan is required, the Planning Board shall review and approve the parking plan prior to issuing a zoning permit based on the objectives for site development plan review.
§ 300-35 Areas computed as parking spaces.
[Amended 11-24-2014 by L.L. No. 16-2014]
A.
Size of spaces. An off-street parking space shall comprise an area of at least nine feet in width and at least 18 feet in length. Where parking lot size or property conditions dictate, the board charged with reviewing the parking plan may reduce stall size to allow for a limited number of spaces for compact cars.
B.
Location.
(1)
Except as otherwise expressly provided in this article, required off-street parking spaces shall be located on the same parcel as the principal use.
(2)
Areas that may be considered as open or enclosed off-street parking spaces in fulfillment of the parking requirements include:
(a)
A private garage or carport.
(b)
Other areas available for parking, including side and rear yard setbacks.
(c)
For residential uses, existing or approved driveways beyond the front yard setback.
(3)
Areas that shall not be considered locations to fulfill the off-street parking requirements include:
(a)
Required fire lanes.
(b)
Any portion of a public sidewalk.
(c)
Areas within the front yard setback.
(d)
Shared driveways, unless parking can be accommodated without obstructing the access of others.
(4)
While parking within a front yard setback may not be counted toward the parking requirements, vehicles may be parked in any existing or approved residential driveway within the front yard setback, provided they do not obstruct the sidewalk or a shared driveway.
C.
Off-site parking: The board charged with reviewing the parking plan may approve off-site parking if the use requiring parking and the off-site facility supplying parking comply with all of the following standards:
(1)
Location. Off-site parking spaces shall be located within 3,000 feet walking distance from the primary entrance of the use served, measured along a legal, established pedestrian route, unless remote parking shuttle bus service or valet parking is provided.
(2)
Use. Off-site parking may be considered for all permitted or special permitted uses, except on parcels with transient rentals located within a residential district:
[Amended 1-18-2018 by L.L. No. 1-2018]
(3)
Zoning district. Parking spaces shall conform to all the requirements of the district or municipality in which the parking spaces are located. Off-site parking spaces are not permitted in any Village residential zoning district.
(4)
Agreement for off-site parking. Where an off-site parking area is not under the same ownership as the principal use served, exclusive use provided by deeded access or a written lease of no less than five years shall be required. Nonrenewal or termination of the agreement shall result in termination of the zoning permit and/or special use permit for which parking is required unless another agreement is formalized within 60 days of the termination. An original, executed and acknowledged copy of the agreement between the owners of record shall be submitted to the Zoning Enforcement Officer for recordation before issuance of a permit for any use to be served by the off-site parking area.
§ 300-36 Parking area standards.
[Amended 11-24-2014 by L.L. No. 16-2014]
A.
Vehicular access.
(1)
Unobstructed access from a street shall be provided for all parking spaces. Parking spaces stacked one in front of the other are not permitted, except that no more than two parking spaces may be stacked where they serve an individual dwelling unit and do not restrict access to any additional spaces.
(2)
Street access for nonresidential or multifamily or dormitory uses shall consist of at least one twelve-foot lane for parking areas with 20 or fewer spaces and at least two twelve-foot lanes for parking areas with over 20 spaces, unless modified by the board charged with reviewing the parking plan.
(3)
Aisle widths within parking areas shall be adequate for turning into parking spaces (for example, twenty-four-foot minimum aisle width for 90° parking on both sides of the aisle). In an open parking area for five or more vehicles, aisle widths shall meet DOT standards unless modified by the board charged with reviewing the parking plan.
(4)
Where practicable, all parking areas accommodating five or more vehicles shall include an adequate turnaround area to preclude the need for backing onto a public street.
(5)
Where practicable, adjoining nonresidential parking areas are encouraged to provide for interior circulation between lots.
B.
Pedestrian and bicyclist access. Parking area design shall encourage safe access by pedestrians or bicyclists to the facility it serves. Clear pedestrian access from parking spaces to the building(s) or other access point(s) shall be provided and, whenever possible, access should also be provided from the parking area to public sidewalks or other pedestrianways. Bicycle racks are encouraged in conjunction with larger parking areas.
C.
Drainage. All open parking areas shall be properly drained to avoid contamination of waterways and/or groundwater and to avoid a net increase in runoff onto public streets or adjoining properties. The use of permeable surfacing (i.e., permeable pavers, permeable asphalt or similar material) is encouraged. When a stormwater pollution prevention plan is required by the DEC or other agency, the parking section shall be filed with the Village of Cooperstown Zoning Enforcement Officer.
D.
Surfacing and landscaping.
(1)
Open parking areas shall be provided with a dustless all-weather surface, except that grassed areas may be used at the discretion of the board charged with reviewing the parking plan.
(2)
Any parking area of 20 or more spaces shall be provided with interior landscaping covering not less than 200 square feet for each 20 parking spaces (or the fractional equivalent thereof). Required perimeter buffering shall not count toward the interior landscaping requirement.
(3)
The primary landscaping materials used in parking areas shall be trees that provide shade or are capable of providing shade at maturity. Shrubs and other live planting material may be used to complement the tree landscaping but shall not be the sole contribution to the landscaping.
(4)
The landscaping shall be reasonably dispersed throughout the parking area.
E.
Accessibility. All parking areas shall meet or exceed the requirements of the Americans with Disabilities Act.
F.
Joint facilities. Required parking spaces, open or enclosed, may be provided in parking areas designated to serve jointly two or more uses or owners, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall not be less than the total required for all such uses.
G.
Combined uses. Where any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total number of parking spaces required.
H.
Lots divided by district boundaries. Where a parking area is located on a lot divided by zoning district boundary lines, accessory parking spaces on such lot may be located without regard to district lines.
§ 300-37 Standards to buffer parking areas.
[Amended 11-24-2014 by L.L. No. 16-2014]
A.
Parking areas of five or more off-street open parking spaces shall be buffered from any abutting parcel zoned residential or legally used for residential purposes.
B.
Where off-street parking spaces require buffering of an abutting residential use property, this requirement shall not apply if the adjacent residential use has residential units only on the second or higher floors.
C.
In all districts, off-street open parking areas for five or more parking spaces shall be buffered from abutting public streets or parks.
D.
Required buffering of parking areas shall be approved by the board charged with reviewing the parking plan.
§ 300-38 Parking, storage and use of trailers, recreational vehicles and boats.
[Amended 2-21-2006 by L.L. No. 1-2006; 2-28-2011 by L.L. No. 4-2011]
One house trailer, horse trailer, recreational vehicle, nonregistered motor vehicle, or boat and boat trailer may be parked or stored on any developed residential lot behind the required front yard and shall be screened from view. All other parking, storage or use of such equipment, unless specifically permitted elsewhere in this Code, regardless of zoning district, is prohibited. The use of such equipment for dwelling or storage purposes is prohibited.
§ 300-39 Off-street loading berths.
[Amended 11-24-2014 by L.L. No. 16-2014]
A.
Requirement. In the business, commercial and institutional districts, off-street loading berths shall be provided when property use demands such and property conditions allow.
B.
Access. Unobstructed street access shall be provided to off-street loading berths. Such access may be combined with access to parking areas.
C.
Location. Loading berths shall not be located in any residential district unless the use to which they are accessory is permitted by right or by special permit in such district.
D.
Buffering. Loading berths shall be buffered from abutting parcels zoned residential or legally used for residential purposes. Where a loading berth requires buffering of an abutting residential use property, this requirement shall not apply if the adjacent residential use has residential units only on the second or higher floors.
E.
Joint facilities. Loading berths may be provided in spaces designed to serve jointly two or more establishments.
§ 300-40 Additional requirements for accessory parking spaces and loading berths.
[Amended 11-24-2014 by L.L. No. 16-2014]
Access near street intersections. Unless approved by the board charged with reviewing the parking plan, upon recommendation by the head of the Village Streets Department and Police Chief, no new access for any accessory off-street parking area, nor for any loading berth, shall be located closer than 50 feet to the intersection of any two designated street lines.