This chapter shall be known as the "Town of West Bloomfield
Zoning Chapter" for the Town of West Bloomfield in the County of Ontario,
State of New York.
The purpose of this Zoning Chapter is to provide for the orderly
growth in the Town of West Bloomfield in accordance with the Town's
recently completed Comprehensive Plan. The Zoning Chapter offers guidance
on the use, height and bulk of uses; areas have been specifically
designated for residential, commercial and industrial growth and other
areas have been identified for preservation. This protects the overall
character of the Town, develops cohesive neighborhoods and minimizes
conflicts among land uses. The Zoning Chapter is developed to:
A.
Secure safety from fire, flood and other dangers.
B.
Provide adequate light, air and outdoor uses to include public, common
and private open space areas.
C.
Prevent overcrowding of land and ensure that structure and land use
arrangements are aesthetically harmonious to surrounding areas and
structures.
D.
Avoid undue concentration of population or sparse, uncoordinated
development.
E.
Facilitate the adequate provision of transportation, water, sewer,
parks and other public services.
F.
Protect the character and values of residential, public, business,
commercial and industrial uses and ensure their orderly and beneficial
development.
G.
Regulate the location of buildings and intensity of uses in relation
to streets to ensure minimal interference with and by traffic movements,
reduce congestion on Town streets and improve public safety.
H.
Preserve and protect significant natural features and vegetation,
thereby preventing ecological damage and visual blight which occur
when those features or vegetation are eliminated or substantially
altered to serve development purposes only.
I.
Promote the health, safety, comfort, and general welfare of the general
public.
J.
Provide for special permit uses, planned development district uses,
cluster development uses and other uses requiring special approval,
within the established districts.
K.
Provide such administrative bodies and procedures as shall be necessary
to the implementation and enforcement of the various provisions of
this chapter.
A.
Relationship to other standards. In their interpretation and application,
the provisions of this chapter shall be held to be minimum requirements
adopted for the promotion of the public health, safety and general
welfare. Whenever the requirements of this chapter are at variance
with the requirements of any other lawfully adopted local rules, regulations,
statutes or ordinances, the most restrictive thereof, or those imposing
the highest standards, shall govern. Nothing contained herein shall
be deemed to limit the right to farm as set forth in Article 25-AA
of the New York State Agriculture and Markets Law.
B.
General scope.
(1)
Territorial application. This chapter shall apply to all structures,
land and uses within the corporate limits of the Town of West Bloomfield,
New York.
(2)
General application. All buildings and structures erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocations of existing buildings occurring hereafter, and all enlargements of, additions to, changes in and relocations of existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, structures, uses or land are located. Existing buildings, structures and uses that do not comply with the regulations of this chapter shall be allowed to continue subject to the provisions of Article XIX of this chapter relating to nonconformities.
(3)
General prohibition. No building or structure, no use of any building,
structure or land, and no lot of record or zoning lot now or hereafter
existing shall hereafter be established, altered, moved, divided or
maintained in any manner except as authorized by the provisions of
this chapter.
(4)
Private agreements. This chapter is not intended to abrogate, annul
or otherwise interfere with any easement, covenant or other private
agreement or legal relationship; provided, however, that where the
regulations of this chapter are more restrictive or impose higher
standards or requirements than such easements, covenants or other
private agreements or legal relationships, the regulations of this
chapter shall govern.
C.
Existing variances and special permits. Any variance or special permit lawfully issued prior to the effective date of this chapter, or any amendment thereof, which could be lawfully issued pursuant to the provisions in effect after such effective date shall be deemed to be and continue to be valid after such effective date. Any structure or use lawfully authorized by any such variance or special permit that could not be so issued after such effective date shall be allowed to continue subject to the provisions of Article XIX of this chapter dealing with lawfully existing nonconformities.
D.
Building permits issued prior to effective date.
(1)
Completion of construction. Nothing in this chapter shall be deemed
to require any change in the plans, construction or designated use
of any structure in the event that:
(a)
A building permit for such structure was lawfully issued prior
to the effective date of this chapter, or any amendment thereof; and
(b)
Such permit had not by its own terms expired prior to such effective
date; and
(c)
Such permit was lawfully and properly issued in accordance with
the law prior to such effective date; and
(d)
There has been a substantial change of position, substantial
expenditures or incurrence of substantial obligations by the permit
holder in reliance on such permit; and
(e)
Such change of position, expenditures or incurrence of obligations
occurred prior to the time the permit holder had actual or constructive
knowledge of any proposed amendment to this chapter that would, upon
adoption, make the issuance of such permit illegal; and
(f)
Construction pursuant to such permit is commenced prior to the
expiration of such permit and within 90 days of such effective date
and is thereafter diligently pursued to completion.
(2)
Right to occupy as nonconformity. Upon completion of construction pursuant to the regulations in this chapter, such structure may be occupied by, and a certificate of occupancy shall be issued for, the use designated on such permit, subject thereafter to the provisions of Article XIX, Nonconforming Uses, Structures and Signs, of this chapter.
E.
Repeal of prior provisions. Chapter 140 of the Town of West Bloomfield Code as previously enacted is hereby repealed in its entirety.
F.
Severability; provisions declared invalid.
(1)
If any court of competent jurisdiction shall adjudge any provision
of this chapter to be invalid, such judgment shall not affect any
other provisions of this chapter.
(2)
If any court of competent jurisdiction shall adjudge invalid the
application of any provision of this chapter to a particular property,
building or structure, such judgment shall not affect the application
of the said provision to any other property, building or structure.
G.
Effective date. This chapter shall become effective upon the date
of its adoption and subsequent filing with the Secretary of State
of the State of New York. Whenever used in this chapter, the term
"effective date" shall mean April 25, 2013.
