A.Â
Initiation of application. A property owner, or its duly authorized
agent, or other persons having a contractual interest shall make an
application required under this chapter for the subject property.
B.Â
Compliance required.
(1)Â
No application for site plan review, planned unit development,
cluster development, special permits and variances shall be considered
where there are existing violations or delinquent real estate Town
taxes assessed against the subject property, except where such application
is intended to cure the violations.
(2)Â
Additionally, proof that all local, state and federal regulations
and permits have been complied with or obtained shall be submitted
as part of the application.
C.Â
Simultaneous processing. Whenever two or more forms of review and
approval are required under this chapter, applications for those development
approvals may be processed simultaneously.
D.Â
Application forms and application filing fees. Applications required
under this article shall be submitted in a form and in such numbers
as required by the table below. Applications shall be accompanied
by the fee amount that shall be established by the Town Board from
time to time. Application fees are nonrefundable, unless otherwise
expressly stated. All application forms shall be available from the
Town Clerk's office.
Type of Application
|
Number of Copies Required
| |
---|---|---|
Site plan review
|
12
| |
Special use permit
|
12
| |
Variance request
|
17
| |
Planned unit development
|
12
| |
Cluster development
|
12
| |
Certificate of nonconformity
|
8
| |
Zoning permit for change of use
|
8
|
E.Â
Application completeness.
(1)Â
An application shall be considered complete, as to form and
content, if submitted in the required form, includes all mandatory
information, including all exhibits, and is accompanied by the applicable
fee. A determination of application completeness shall be made within
15 business days by the Code Enforcement Officer.
(2)Â
If an application is determined to be incomplete, the Code Enforcement
Officer shall provide written notice to the applicant along with an
explanation of the application's deficiencies. No further processing
of the application shall occur and no public hearings shall be scheduled
until the deficiencies are corrected. If the deficiencies are not
corrected by the applicant within 30 days, the application shall be
considered withdrawn and the application shall be returned to the
applicant.
F.Â
Referral to Ontario County Planning Department. Applications subject
to General Municipal Law § 239 shall be referred to the
Planning Department of Ontario County in accordance with the provisions
of General Municipal Law § 239.
G.Â
Notification for public hearings.
(1)Â
Matters requiring public hearings. Public hearings shall be
required for the following:
(a)Â
Zoning Map or zoning text amendments by Town Board;
(b)Â
Planned Development District designation by Town Board;
(c)Â
Incentive development approval by the Town Board;
(d)Â
Special permit by the Planning Board;
(e)Â
Site plan review by the Planning Board (optional);
(f)Â
Variances and appeals by the Zoning Board of Appeals.
(2)Â
Setting of hearing. For all matters properly brought before the Town Board, Planning Board or Zoning Board of Appeals for which a public hearing is required by this chapter, the body charged with conducting the hearing shall, upon receipt of a completed application, select a reasonable time and place for such hearing; provided, however, that such time shall be not later than 62 days following the determination of completeness of the subject application as specified in § 140-145E(1), unless the applicant shall agree to some later time.
(3)Â
Mailed notices.
(a)Â
Except as otherwise specified by New York State Town Law, Article
16, §§ 264, 265, 267A, 274A, and 274B, the appropriate
board secretary shall be required to mail the appropriate notices
for public hearings to all owners of properties adjacent to the property
subject to the public hearing, both within and outside the Town boundaries,
and all involved agencies and officials.
(b)Â
Notice by mail shall be given at least 20 days in advance of
the hearing date, by regular United States mail, except that notice
to Town agencies or officials may be by interdepartmental memorandum.
(c)Â
A written notice of any proposed change or amendment affecting
property within 500 feet of the boundaries of any village, town or
county shall be given to the Clerk of such municipality and to the
Clerk of the County Legislature at least 10 days prior to the date
of such hearing.
(4)Â
Published notice. Where published notice is required, it shall
be placed at least once in an official paper or a newspaper of general
circulation in the Town and posted on the Town's website not less
than five days prior to the hearing, unless specifically stated in
Town Law as a longer period of time.
(5)Â
Posted sign. A sign with notice of a public hearing shall be
posted by the applicant on the property subject to such hearing at
least ten day prior to the public hearing. The sign shall be placed
in a location that is visible and legible from the public right-of-way.
The applicant shall notify the Town Clerk when the sign has been posted.
The Town Clerk may validate the erection of such sign by any means
available.
(6)Â
Notice information. All notices shall contain the following
information:
(a)Â
The general location of land that is the subject of the application;
(b)Â
The legal description or street address;
(c)Â
The substance of the application, including the magnitude of
proposed development and the current zoning district;
(d)Â
The time, date and location of the public hearing;
(e)Â
A phone number to contact the Town; and
(f)Â
A statement that interested parties may appear at the public
hearing.
A.Â
Authority. This chapter and the Zoning District Map may be amended
from time to time by ordinance enacted by the Town Board; provided,
however, that no such amendment shall be enacted except in accordance
with the procedures set out in this section.
B.Â
Purpose. The amendment process herein established is intended to
provide a means for making changes in the text of this chapter and
in the Zoning District Map that have more or less general significance
or application. It is not intended to relieve particular hardships
or to confer special privileges or rights but is intended as a tool
to adjust the provisions of this chapter and the Zoning Map in light
of changing, newly discovered or newly important conditions, situations
or knowledge.
C.Â
Procedure.
(1)Â
Proposal by the Town. Amendments may be proposed by either the
Supervisor, the Town Board, the Planning Board or the Zoning Board
of Appeals by transmitting such proposal, together with such supporting
materials as may seem appropriate, to the Code Enforcement Officer
for processing in accordance with the provisions of this section.
(2)Â
Application by owner. When any proposed amendment is initiated
by an owner of, or other person having a contractual interest in,
real estate to be affected by the proposed amendment, or by the owners
of 50% or more of the frontage of real estate to be affected by the
proposed amendment, the application for such amendment, addressed
to the Town Board, shall be filed with the Code Enforcement Officer.
The Code Enforcement Officer may also request such other and further
information and documentation deemed necessary or appropriate to a
full and proper consideration and disposition of the particular application.
(3)Â
Action by Planning Board.
(a)Â
Within 60 days following the determination by the Code Enforcement
Officer that all necessary information has been submitted and the
application has been conveyed to the Secretary of the Planning Board,
the Planning Board shall transmit a recommendation to the Town Board.
(b)Â
The failure of the Planning Board to act within 60 days shall
be deemed a recommendation for the approval of the proposed amendment
as submitted.
(c)Â
In making recommendations regarding amendments to the text of
the Zoning Chapter or to the Official Zoning Map, as a minimum, the
Planning Board shall consider and make findings on the following matters
regarding the proposed amendment:
[1]Â
Consistency with the Town's Comprehensive Plan and any other
adopted special area plans.
[2]Â
Compatibility with the present zoning and conforming uses of
nearby property and with the character of the neighborhood.
[3]Â
Suitability of uses proposed by the zoning amendment for the
property affected by the amendment.
[4]Â
Availability of public services and infrastructure generally
suitable and adequate for uses allowed within the proposed district.
(4)Â
Public hearing. A public hearing shall be set, advertised and conducted by the Town Board in accordance with § 140-145.
(5)Â
Action by Town Board.
(a)Â
The Town Board shall either refuse the application or adopt,
by resolution, the proposed amendment, with or without modifications.
(b)Â
There shall be approval of at least 3/4 of the members of the
Town Board in the event that a written protest is presented to the
Town Board and signed by:
[1]Â
The owners of 20% or more of the area of land included in such
proposed change; or
[2]Â
The owners of 20% or more of the area of land immediately adjacent
to that land included in such proposed change, extending 100 feet
therefrom; or
[3]Â
The owners of 20% or more of the area of land directly opposite
thereto, extending 100 feet from the street frontage of such opposite
land.
(c)Â
Within 10 business days of such action, the Town Clerk shall
mail notice of the decision to all parties entitled thereto.
A.Â
Authority. The Zoning District Map may be amended from time to time, by ordinance duly enacted by the Town Board, to provide for Planned Unit Development Districts; provided, however, that no such amendment shall be enacted except in accordance with procedures herein established and the applicable standards and regulations established by Article IX of this chapter.
B.Â
Purpose. The provisions of this section establish special procedures
for amending this chapter to permit the mapping of PUD Districts.
The procedures herein established are intended to substitute procedural
protections for substantive regulations in recognition of the fact
that traditional density, bulk, spacing and use regulations, which
may be useful in protecting the character of developed and stable
areas, may impose inappropriate pre-regulations and rigidities upon
the development or redevelopment of parcels or areas which lend themselves
to an individual, planned approach and, in some cases, the conservation
of open space.
C.Â
Requirements. PUD Districts shall achieve the following objectives:
(1)Â
An alternative development pattern in harmony with the objectives
of various Town and regional land use, conservation and development
plans.
(2)Â
A creative use of land and related physical development allowing
for the conservation of prime agricultural lands.
(3)Â
Diversification in the uses permitted and variation in the relationship
of uses, structures and open spaces in developments conceived as cohesive,
unified projects.
(4)Â
Unique standards for site and building design.
(5)Â
The preservation and enhancement of desirable site characteristics,
such as open space, natural topography, geologic features and the
prevention of soil erosion.
D.Â
Procedure.
(1)Â
Development concept plan approval. The applicant shall provide
a development concept plan showing the basic scope, character and
nature of the entire proposed PUD without incurring substantial cost.
(a)Â
The development concept plan shall include:
(b)Â
The applicant may, at its option, submit a detailed plan for
the proposed PUD simultaneously with the submission of the concept
plan. In such case, the applicant shall comply with all provisions
of this chapter applicable to submission of the development concept
plan and to submission of the detailed plan.
(2)Â
Action by Planning Board.
(a)Â
Within 30 days of receipt of the development concept plan, the Planning Board shall transmit to the Town Board its recommendation that the development concept plan either be approved, be approved subject to modifications or not be approved. In considering the development concept plan and formulating its recommendation, the Planning Board shall, in its report, specifically address the standards made applicable to the proposed PUD by Article IX of this chapter.
(b)Â
The failure of the Planning Board to act within 30 days following
the conclusion of such meeting, or such longer period as may be agreed
to by the applicant, shall be deemed a recommendation for the approval
of the PUD plan as submitted.
(3)Â
Public hearing. A public hearing shall be set, advertised and conducted by the Town Board in accordance with § 140-145.
(4)Â
Action by Town Board.
(a)Â
Following the public hearing, the Town Board shall:
[1]Â
Deny the development plan concept;
[2]Â
Approve the development plan with modifications;
[3]Â
Approve the development plan in its entirety, thereby amending
the Zoning District Map of the Town to designate the area included
in the approved plan as "Planned Unit Development District Number
_____."
(b)Â
If the development concept plan is approved with modifications,
the Zoning Map shall not be amended until the applicant has filed
with the Town written consent of such modifications.
(5)Â
Detailed plan approval.
(a)Â
All detailed plan approvals shall require site plan approval as set forth in § 140-150. A detailed plan shall be deemed not to be in substantial conformity with an approved development concept plan if it:
[1]Â
Exceeds by more than 10% the maximum parking, height, lot coverage
and yard requirements approved for the PUD;
[2]Â
Decreases by more than 10% the area approved for public and
private open space or significantly changes the general location of
such areas;
[3]Â
Substantially relocates approved public circulation elements
to any extent that would significantly decrease their functionality;
adversely affect their relation to surrounding lands and circulation
elements; or significantly reduce their effectiveness as buffers or
amenities;
[4]Â
Significantly alters the arrangement of land uses within the
PUD;
[5]Â
Provides for uses not included in the approved development concept
plan; or
[6]Â
Exceeds the maximum density for residential uses and the maximum
floor area ratio for nonresidential uses.
(b)Â
At any time following the approval of a detailed plan, the applicant
may, pursuant to and subject to the limitations of the applicable
codes and ordinances of the Town, apply for and receive grading permits
and approvals necessary for the installation of utilities and streets
within the area of the PUD for which detailed plan approval has been
given.
(c)Â
If expressly authorized by the approval of the detailed plan,
the applicant may, pursuant to and subject to the limitations of the
applicable codes and ordinances of the Town, apply for and receive
building permits for model buildings to be constructed within the
area of the PUD.
(6)Â
Final plan approval.
(a)Â
The final plan is the complete, thorough and permanent public
record of any PUD on the property. The final plan is intended only
to add detail to, and to put in final form, the information contained
in the development concept plan and the detailed plan and shall conform
to the detailed plan in all respects. It shall incorporate all prior
approved plans and all approved modifications thereof resulting from
the PUD process. When properly utilized, the final plan is an essentially
clerical step in the PUD approval process. Upon final approval, the
final plan shall serve in lieu of other provisions of this chapter
as the use, space and bulk, yard and parking regulations applicable
to the PUD.
(b)Â
Action by the Planning Board.
[1]Â
Within six months of approval of the detailed plan, or a time
frame agreed to by the Planning Board and the applicant, the applicant
shall submit an application for final plan approval. The final plan
may include the entire area included in the approved detailed plan
or one or more stages or units thereof. The final plan shall add necessary
detail to, and put in final form, the information contained in the
approved detailed plan and shall conform to the approved detailed
plan in all respects.
[2]Â
Within 60 days following the submission of the final plan, or
such longer period as may be agreed to by the applicant, the Planning
Board shall review the plan with respect to its conformity to the
approved detailed plan and the compliance of the final plan with any
conditions imposed by the approval of the detailed plan and with the
provisions of this chapter and all other applicable federal, state
and Town codes, ordinances and regulations.
[3]Â
The Planning Board shall take one of the following actions:
[a]Â
Accept the final plan;
[b]Â
If additional information is required, the Planning
Board shall inform the applicant of any deficiencies in the plan and
allow the applicant an opportunity to remedy such deficiencies. In
the event that the applicant should fail or refuse to remedy such
deficiencies, the Planning Board shall deny the final plan.
[c]Â
If the Planning Board disapproves the final plan,
the applicant may seek an amendment to the detailed plan, pursuant
to the procedure set forth above for approval of a detailed plan,
or pursue any other remedies permitted by law.
[4]Â
Within seven business days following the final disposition of
an application for final plan approval, the Board Secretary shall
mail notice thereof to the applicant and to all Town officials, departments
or boards whose duties might be affected by such disposition.
[5]Â
When a final plan is approved, the Planning Board shall, within
10 business days of its approval, file a copy of the entire final
plan in the permanent records and cause the final plan, or such portions
thereof as are appropriate, to be filed with the Town Clerk.
(7)Â
Adjustments to plan during development. During the development
of an approved final plan, the Code Enforcement Officer may authorize
minor adjustments to the final plan when such adjustments appear necessary
in light of technical or engineering considerations first discovered
during actual development. Such minor adjustments shall be limited
to the following:
(a)Â
Altering the location of any one structure or group of structures
by not more than 10 feet or 0.1 of the distance shown on the final
plan between such structure or structures and any other structure
or any vehicular circulation element or any boundary of the PUD, whichever
is less.
(b)Â
Altering the location of any circulation element by not more
than 10 feet or 0.1 of the distance shown on the final plan between
such circulation element or any structure, whichever is less.
(c)Â
Altering the boundary of any open space by not more than 50
feet, provided that the total amount of open space is not reduced
by more than 5%.
(d)Â
Reducing the yard area or open space associated with any single
structure by not more than 5%.
(e)Â
Altering any final grade by not more than 10% of the originally
planned grade.
(8)Â
Amendments to final plan. In addition to the adjustments authorized
by the Code Enforcement Officer, an approved final plan may be amended
or varied by submitting a new site plan to the Code Enforcement Officer.
The process for final plan approval shall be followed for all amendments.
In the case that the adjustments exceed the thresholds established
for the Code Enforcement Officer, the development concept plan approval
process shall be followed.
(9)Â
Enforcement.
(a)Â
If the Code Enforcement Officer finds that development is not proceeding
in accordance with the approved schedule, or that it fails in any
other respect to comply with the PUD as finally approved, he/she shall
immediately notify the Town Board of such fact and issue an order
stopping any or all work on the PUD until such time as any noncompliance
is cured.
(b)Â
Within 60 days of such notice, the Town Board shall either revoke,
by ordinance, the final plan approval and direct the Code Enforcement
Officer to initiate appropriate amendment procedures to return the
affected area of the PUD to an appropriate zoning classification;
or shall take such steps as it shall deem necessary to compel compliance
with the final plan as approved; or shall require the owner or applicant
to seek an amendment of the final plan. In addition, such documents
shall require time expiration and reverter language to remedy nonperformance.
E.Â
Limitations to approvals.
(1)Â
Within six months after the approval of a detailed plan, a final
plan shall be submitted to the Planning Board. Failure to submit the
final plan will render the detailed plan void.
(2)Â
Within one year after the approval of a final plan, or such
shorter time as may be established by the approved development schedule,
construction shall commence in accordance with such approved plan.
Failure to commence construction within such period shall, unless
an extension shall have been granted, automatically render void the
final plan and detailed plan approval and all permits based on such
approvals. In addition, such documents shall require time expiration
and reverter language to remedy nonperformance.
F.Â
Appeal.
(1)Â
Appeals of a decision by the Planning Board on a detailed development
plan shall be taken to the Zoning Board of Appeals within 30 days
of the decision.
(2)Â
An appeal from any final decision of the Zoning Board of Appeals
as to any matter regarding the PUD may be taken within 30 days of
the filing of such decision by any person aggrieved or by any authorized
officer, department or board of the Town in accordance with Article
78 of the New York Civil Practice Law and Rules.
A.Â
Authority. Incentive developments may be approved from time to time, by ordinance duly enacted by the Town Board; provided, however, that no such amendment shall be enacted except in accordance with procedures herein established and the applicable standards and regulations established by Article XIII of this chapter.
B.Â
Purpose: to provide a mechanism for developers who offer concessions
which accomplish goals of the Comprehensive Plan in exchange for an
increase in density or permitted use. Since a development receiving
an incentive may have negative impacts on transportation systems and
other Town services, the review process needs to examine the benefits
against the impacts, in a public forum.
C.Â
Requirement. Any development proposing to receive an incentive in
exchange for an amenity must first be granted approval by the Town
Board before undergoing site plan review or any other permitting process.
D.Â
Submission requirements. An application for incentives shall include
the following:
(1)Â
A description of the proposed amenities.
(2)Â
The cash value of the proposed amenities.
(3)Â
A narrative which:
(a)Â
Describes the benefits to the community and how the amenity
furthers the goals of the Town and the Comprehensive Plan.
(b)Â
Has a preliminary indication that there are adequate sewer,
water, transportation, waste disposal, and fire protection facilities
to handle the proposed incentive or how such facilities will be provided.
(4)Â
The requested incentive.
(5)Â
A sketch plan of the proposed development.
E.Â
Procedure.
(1)Â
The Town Board shall refer the application to the Planning Board
for its review and comment within 30 days.
(2)Â
The Planning Board may review the proposal for up to 60 days
and may forward the proposal to any agency it deems appropriate for
such agency's comments.
(3)Â
After receiving comments from the Planning Board, the Town Board
shall schedule and hold a public hearing in accordance with § 120-145
of this chapter.
(4)Â
All applicable requirements of SEQR shall be complied with as
part of the review and hearing process.
(5)Â
Following review and public hearing, the Town Board shall, within
30 days, do one of the following.
(a)Â
Deny the application for incentive on the grounds that the public
benefit does not exceed the expected impacts of the proposal or that
there are insufficient facilities to handle the increased density.
(b)Â
Approve the application for incentive in exchange for the proposed
amenity.
(c)Â
Approve the application for incentive with modifications which
may either decrease the amount of incentive or request a greater amenity.
Such an approval shall be agreed upon by the applicant.
F.Â
Limitation of approval. An approval of an incentive development shall
be binding, provided that the applicant obtains all required permits,
including site plan review, within one year following such approval.
A.Â
Authority. The Planning Board of the Town of West Bloomfield, as
a matter of its original jurisdiction and subject to the procedures,
standards and limitations hereinafter set out, may permit, simultaneously
with the approval of a subdivision plat, deviations from the zoning
requirements established by this chapter governing the average density
of population permitted in the zoning district where such land lies.
B.Â
Purpose. Cluster development procedures are established to provide
an administratively uncomplicated method to permit minor modifications
of the yard, bulk and space requirements, other than minimum open
space requirements, minimum lot area per unit and per-bedroom requirements
and lot coverage requirements, applicable in the various districts
established by this chapter. Cluster development permits the grouping
of structures in order to plan more usable open space or to preserve
open space or historic or scenic features without exceeding overall
density or land coverage requirements.
C.Â
Cluster development standards.
(1)Â
Authorized uses. No use shall be authorized by a cluster development
permit except uses permitted or permissible in the district in which
such development is to be located. Approval of a cluster development
for a use requiring any special approval shall not excuse the requirement
of obtaining such special approval.
(2)Â
Density and coverage. No permit for a cluster development shall
authorize any increase in the overall density or intensity of development
or any increase in the overall lot coverage permitted by the district
regulations applicable in the district in which such development is
to be located. All land devoted to private street purposes shall be
excluded from density, intensity and lot coverage calculations.
(3)Â
Approval criteria. A permit for a cluster development shall
be granted only if evidence is presented which establishes:
(a)Â
That the proposed development will be in harmony with the general
purpose, goals, objectives, standards and implementing strategies
of the Comprehensive Plan and this chapter.
(b)Â
That the proposed building or use complies with all applicable
regulations of this chapter except as modified pursuant to the authority
of this section.
(c)Â
That the proposed building or use will not have a substantial
or undue adverse effect upon adjacent property, the character of the
neighborhood, traffic conditions, parking, utility facilities and
other matters affecting the public health, safety and general welfare.
(d)Â
That the proposed cluster development will be constructed, arranged
and operated so as not to dominate the immediate vicinity or to interfere
with the development and use of neighboring property in accordance
with the applicable district regulations.
(e)Â
That the proposed cluster development will be served adequately
by essential public facilities and services such as highways, streets,
parking spaces, police and fire protection, drainage structures, refuse
disposal, water and sewers, and schools; or that the persons or agencies
responsible for the establishment of the proposed use will provide
adequately for such services.
(f)Â
That the proposed cluster development will not result in the
destruction, loss or damage of any natural, scenic or historic feature
of significant importance.
D.Â
Procedure.
(1)Â
Application. An application for cluster development shall be
submitted in such numbers as required by this article. A nonrefundable
fee, as established from time to time by the Town Board to help defray
administrative costs, shall accompany each application. The Code Enforcement
Officer and/or Planning Board may also request such other and further
information and documentation as deemed necessary or appropriate to
a full and proper consideration and disposition of the particular
application.
(2)Â
Public hearing. A public hearing shall be set, advertised and conducted by the Planning Board in accordance with § 140-145.
(3)Â
Action by Planning Board.
(a)Â
Within 62 days following the conclusion of the public hearing,
the Planning Board shall render its decision either granting the application
for cluster development approval, granting it subject to conditions
as specified below, or denying the application. The failure of the
Board to act within 62 days, or such longer period of time as may
be agreed to by the applicant, shall be deemed an approval of the
application.
(b)Â
Within 10 business days of such decision or the expiration of
such period, the Planning Board Secretary shall mail notice of such
decision or failure to act to the applicant; file such decision in
the office of the Town Clerk; and, in the event that a cluster development
permit is authorized, the Planning Board Secretary shall issue such
permit, listing therein any and all conditions imposed by the Planning
Board.
(c)Â
Approval or denial.
[1]Â
The Planning Board will issue a final decision on each cluster
development. The decision of the Planning Board shall be final and
could include:
[a]Â
Approval of the application;
[b]Â
Approval of the application with conditions; or
[c]Â
On the basis of such findings, a declination to
approve the application. In any case where an application is denied,
the Planning Board shall state the specific reasons and shall cite
the specific provisions of this chapter upon which such denial is
based.
[2]Â
The Planning Board shall stamp each copy of the application
and plans to reflect the action taken and shall return one copy of
each to the applicant and shall retain one copy of each in Town records
for such period as it may deem necessary or as may be required by
law.
(4)Â
Amendments to cluster developments. An approved cluster development may be amended in the same manner and subject to the same limitations as any other regulation established by this chapter, except that site plan review and approval pursuant to § 140-150 shall be required in connection with any such proposed amendment.
E.Â
Effect of issuance of approval.
(1)Â
Amendment to regulations. The issuance of a permit for a cluster
development shall, upon the filing of a plat of such development with
the Ontario County Clerk, constitute an amendment of the bulk, space
and yard regulations of this chapter applicable to such development,
and thereafter such plat shall constitute the bulk, space and yard
regulations applicable to such development.
(2)Â
No development or construction authorized. The issuance of a
permit for a cluster development shall not authorize the establishment
or expansion of any use, or the development, construction, reconstruction,
alteration or moving of any building or structure, but shall merely
authorize the preparation, filing and processing of applications for
any permits or approvals which may be required by the codes and ordinances
of the Town, including but not limited to a special permit, a certificate
of zoning compliance and a building permit.
F.Â
Limitation on cluster development. A cluster development approval
shall become null and void six months after the date on which it was
issued unless a building permit is obtained and maintained. If a building
permit has not been obtained within six months of the date of approval,
the approval shall lapse and be of no further effect.
G.Â
Appeal.
(1)Â
Appeals of cluster development decisions made by the Planning
Board shall be made to the Zoning Board of Appeals within 30 days
of the decision.
(2)Â
An appeal from any final decision of the Zoning Board of Appeals
as to any matter regarding the cluster development may be taken within
30 days of the filing of such decision by any person aggrieved or
by any authorized officer, department or board of the Town in accordance
with Article 78 of the New York Civil Practice Law and Rules.
A.Â
Authority. Subject to the procedures, standards and limitation set
forth in this chapter, the Planning Board shall review and approve,
approve with conditions or deny applications for site plans.
B.Â
Purpose. The site plan review process recognizes that some developments
and uses, even though generally suitable for location in a particular
district, are, because of their design (materials, size, details),
character, nature, complexity or other indicia of probable impact,
capable of adversely affecting the goals for which this chapter is
established, unless careful consideration has been given to critical
design elements. It is the purpose of this section to provide a vehicle
for the review of the applicant's attention to such elements.
C.Â
Site plan review standards.
(1)Â
Site plan review in accordance with this section shall be required
in the following cases, with the exception of accessory structures
not changing land use or density and projects involving no site or
external structure alterations. Site plan review shall be required
for any development or redevelopment that includes construction, enlargement
or addition to any building or site preparation for a site or use
that does not include or require a building as outlined in this section.
(2)Â
The following shall be submitted with all site plans:
(a)Â
Application form, notes and other required written information;
(b)Â
Title of drawings, including the name of the development, the
name, telephone number and address of the applicant and the name of
the person who prepared the drawing;
(c)Â
Key plan, North point, professional stamp, scale (one inch equals
20 feet or other appropriate scale) and date;
(d)Â
Zoning, land use and ownership of surrounding and adjacent properties,
including all structures on adjacent and surrounding properties;
(e)Â
A boundary survey of the proposed development, plotted to scale,
and existing topographic features, including contours, spot elevations,
large trees, buildings, structures, streets, property lines, utility
easements, rights-of-way and land use;
(f)Â
All lot dimensions, including but not limited to lot frontage,
lot area, building coverage, lot coverage, front yard, side yard,
rear yard, building heights and floor area ratio, where applicable;
(g)Â
All improvement dimensions, including but not limited to access
roads, snow removal/storage areas, parking areas, walkways, buildings,
etc.;
(h)Â
Existing and proposed streets and pedestrian paths immediately
adjoining and within the proposed site and the names of all proposed
streets;
(i)Â
Location and dimensions of all parking, loading and stacking
areas with access drive;
(j)Â
Paving, including typical cross sections and profiles of proposed
streets, pedestrian walkways and bike ways;
(k)Â
Location, proposed use, height, building elevations, floor plans
and finished floor elevations of all structures;
(l)Â
Colors, materials, dimensions, access and rooftop plans of all
structures;
(m)Â
Location and proposed development of all open spaces, including
parks, playgrounds, etc.;
(n)Â
Existing and proposed watercourses, direction of flow and the
impact on the watershed;
(o)Â
Drainage plan showing existing and finished grades, stormwater
management plan and the impact on the watershed;
(p)Â
Water supply plan, including existing and proposed location
of fire hydrants;
(q)Â
Sewage disposal method;
(r)Â
Landscape plan indicating location, type and size of existing
trees and vegetation, identifying those to be preserved or removed
as well as the location, type and size of trees, vegetation and amenities
to be provided;
(s)Â
Location, design and illumination field of lighting, fences
and walls;
(t)Â
Location and dimension of all signs as required in this chapter;
(u)Â
Garbage screening and enclosures;
(v)Â
Size and location of hazardous storage areas;
(w)Â
Proposed easements, restrictions, covenants and provisions for
homeowners' associations and common ownerships;
(x)Â
Estimated construction schedule and phasing plan for buildings,
earthwork and landscaping;
(y)Â
Tentative budgeting and financing sources.
D.Â
Procedure.
(1)Â
Application. Applications for site plans shall be submitted
in a form and in such numbers as required by this article. A nonrefundable
fee, as established from time to time by the Town Board to help defray
administrative costs, shall accompany each application. The Planning
Board may also request such other and further information and documentation
as deemed necessary or appropriate to a full and proper consideration
and disposition of the particular application.
(2)Â
Public hearing. A public hearing may be set, advertised and conducted by the Planning Board in accordance with § 140-145.
(3)Â
Action by Planning Board.
(a)Â
Within 30 days following receipt by the Planning Board of a
completed application or such longer time as may be agreed to by the
applicant, the Planning Board shall cause such application and the
attached plans to be reviewed for compliance with this chapter and
shall render a decision.
(b)Â
Upon concluding the review of the application, the Planning
Board shall return one copy of the applicant's plans marked to show
either approval, approval subject to further specified approvals,
approvals with conditions, or denial. All conditions shall be clearly
and permanently marked on such plans.
(c)Â
Approval or denial.
[1]Â
The Planning Board will issue a final decision on each site
plan. The decision of the Planning Board shall be final and could
include:
[a]Â
Approval of the application;
[b]Â
Approval of the application with conditions; or
[c]Â
On the basis of such findings, a declination to
approve the application: In any case where an application is denied,
the Planning Board shall state the specific reasons and shall cite
the specific provisions of this chapter upon which such denial is
based.
[2]Â
The Planning Board Chairperson shall sign each copy of the application.
The Planning Board shall stamp each copy of the application and plans
to reflect the action taken and shall return one copy of each to the
applicant and shall retain one copy of each in Town records for such
period as it may deem necessary or as may be required by law.
E.Â
Letters of credit.
(1)Â
Each applicant shall be required to provide evidence of the
financing plan that the applicant proposes to use to complete the
proposed project, which may include a letter of credit or similar
security acceptable to the Town. The letter of credit in favor of
the Town of West Bloomfield for the estimated cost of required site
improvements shall be unconditional and irrevocable for a period of
not to exceed two years. The agreement shall also be irrevocable for
a period of two years and shall permit the Town of West Bloomfield
to enter the subject property and to install such improvements if
the applicant fails to do so within the period of time specified in
the agreement.
(2)Â
Such letter of credit or similar security, and the agreement,
each in a form satisfactory to the Planning Board, shall be submitted
prior to obtaining a building permit as a condition of site plan approval.
(3)Â
Should the applicant fail to perform the required site improvements
within the agreed period of time, the Code Enforcement Officer shall
issue a written notice of such failure to the applicant. It shall
be sufficient service of such notice if it is mailed to the applicant
at the address provided by him in the site plan application. If the
applicant fails to perform the required site improvements within 15
business days of the issuance of such notice, the Town Board is authorized
to draw upon the letter of credit or to access any other offered security
as may be necessary to cover the costs to the Town to perform work
which the applicant failed to perform. The applicant may request a
hearing before the Code Enforcement Officer within five days from
the issuance of the notice. The hearing will be held before the expiration
of the fifteen-business-day notice period.
(4)Â
The letter of credit or other security described in this subsection
may be waived by the Planning Board where:
(a)Â
No site improvements or alterations to the site are associated
with the application for site plan approval and no site improvement
conditions have been attached to such approval.
(b)Â
None of the proposed or required site improvements will have
any discernible impact on adjacent private property or on the public
right-of-way, and such improvements primarily affect the user of the
property and not adjacent property owners or the general public.
(c)Â
Evidence of the applicant's satisfactory completion of prior
site plan review projects is offered in lieu of a letter of credit.
(d)Â
Evidence of a satisfactory financing plan that will guarantee
completion of the required site improvements.
F.Â
Effect of issuance of site plan approval.
(1)Â
If the Planning Board shall approve the application, or approve
it subject to further specified approvals or to modifications which
are acceptable to the applicant, such approval shall not authorize
the establishment or expansion of any use, or the development, construction,
reconstruction, alteration or moving of any building or structure,
but shall merely authorize the preparation, filing and processing
of applications for any permits or approvals which may be required
by the codes and ordinances of the Town.
(2)Â
The issuance of a site plan approval shall not authorize the
establishment or expansion of any use or the development, construction,
relocation, alteration or moving of any building or structure and
shall not abrogate the requirements for any additional permits and
approvals which may be required by the codes and ordinances of the
Town.
(3)Â
No site plan approval shall be valid for a period longer than
one year, or as otherwise extended, from the date of issue, unless
a building permit is issued and construction is actually begun within
that period and is thereafter diligently pursued to completion or
an occupancy permit is obtained and a use commenced within that period.
G.Â
Limitations on site plan approval. A site plan approval shall become
null and void six months after the date on which it was issued, unless
a building permit is obtained and maintained. If a building permit
has not been obtained within six months of the date of approval, the
approval shall lapse and be of no further effect.
H.Â
Appeal.
(1)Â
Appeals of site plan decisions made by the Planning Board shall
be made to the Zoning Board of Appeals within 30 days of the decision.
(2)Â
An appeal from any final decision of the Zoning Board of Appeals
as to any matter regarding the site plan may be taken within 30 days
of the filing of such decision by any person aggrieved or by any authorized
officer, department or board of the Town in accordance with Article
78 of the New York Civil Practice Law and Rules.
A.Â
Authority. As a matter of its original jurisdiction, the Planning
Board may, subject to the procedures, standards and limitations hereinafter
set out, hear, review and finally decide applications authorizing
development of uses listed as special permit uses.
B.Â
Purpose. Special permits are those uses having some special impact
or uniqueness which requires a careful review of their location, design,
configuration and special impact to determine, against fixed standards,
the desirability of permitting their establishment on any given site.
They are uses that may or may not be appropriate in a particular location
depending on a weighing, in each case, of the public need and benefit
against the local impact and effect.
C.Â
Special permit requirements. Any special permit shall be granted
only if evidence is presented which establishes that:
(1)Â
The proposed building or use will be in conformity with the
general purpose, goals, objectives, standards and implementation strategies
of the Comprehensive Plan, including the future land use plan, and
this chapter.
(2)Â
The proposed building or use will not have a substantial or
undue adverse effect upon adjacent property, the character of the
neighborhood, traffic conditions, parking, essential services and
other matters affecting the public health, safety and general welfare.
(3)Â
The proposed building or use will not dominate the immediate
vicinity, adversely affect property values in the neighborhood or
be constructed, arranged or operated so as to interfere with the development
and use of neighboring property in accordance with the applicable
district regulations.
(4)Â
The proposed building or use will be served adequately by essential
public facilities and services such as highways, streets, parking
spaces, police and fire protection, drainage structures, refuse disposal,
water and sewers, and schools; or that the persons or agencies responsible
for the establishment of the proposed use will provide adequately
for such services.
(5)Â
The proposed building or use will not result in the destruction,
loss or damage of any natural, scenic or historic feature of significant
importance.
(6)Â
The proposed building or use will not adversely affect the health
and welfare of the neighborhood and Town, including but not limited
to adverse effects on:
D.Â
Procedure.
(1)Â
Application. An application for a special permit shall be submitted
in a form and in such numbers as required by the Planning Board. A
nonrefundable fee, as established from time to time by the Town Board
to help defray administrative costs, shall accompany each application.
The Planning Board may also request such other and further information
and documentation as deemed necessary or appropriate to a full and
proper consideration and disposition of the particular application.
In addition, all applications for a special permit shall comply with
all standards imposed on it by the particular provisions of this chapter,
unless the Planning Board may waive the standard, authorizing such
use.
(2)Â
Public hearing. A public hearing shall be set, advertised and conducted by the Planning Board in accordance with § 140-145.
(3)Â
Action by Planning Board.
(a)Â
Within 62 days following the conclusion of the public hearing,
the Planning Board shall render its decision that could include:
[1]Â
Approval of the application for a special permit;
[2]Â
Approval of the application with conditions;
[3]Â
Approval of the application for a specified time period based
on a finding that the proposed use has potential for adverse impacts
and that the operation of the use for a specific period will enable
the Planning Board to monitor the use and its impacts.
[4]Â
Denial of the application.
(b)Â
The failure of the Board to act within 62 days, or such longer
period of time as may be agreed to by the applicant, shall be deemed
a denial of the application.
(c)Â
Within 10 business days of such decision or the expiration of
such period, the Planning Board Clerk shall mail notice of such decision
or failure to act to all parties entitled thereto and file such decision
in the office of the Town Clerk; and, in the event that a special
permit is authorized, the Code Enforcement Officer shall issue such
permit, listing therein any and all conditions imposed by the Planning
Board.
(d)Â
Where the district regulations authorizing any special permit
in a particular district impose additional standards to be met by
such use in such district, a permit for such use in such district
shall be granted only if evidence is presented to establish compliance
with such additional standards.
(4)Â
Conditions on special permits.
(a)Â
The Planning Board may impose such conditions upon the premises
benefited by a special permit as may be necessary to prevent or minimize
adverse effects upon other property in the neighborhood. Such conditions
may be used as a device to grant a permit for a specific time period
in order to ensure compliance with all conditions of the approval
and this Zoning Chapter.
(b)Â
Such conditions shall be expressly set forth in the resolution
authorizing the special permit and in any associated permit.
(c)Â
Violation of such conditions shall be a violation of this chapter.
(d)Â
Such conditions may be required in a specific order.
(e)Â
Such conditions may include but shall not be limited to the
following:
[1]Â
Modification of specific features of the site plan to improve
the safety of the site for the general public;
[2]Â
Location on a site of activities that generate potential adverse
impacts on adjacent uses such as noises and glare;
[3]Â
Placement of trash receptacles;
[4]Â
Location of loading and delivery areas;
[5]Â
Lighting location, intensity and hours of illumination;
[6]Â
Placement and illumination of outdoor vending machines, telephones,
and similar outdoor services and activities;
[7]Â
Additional landscaping and buffering;
[8]Â
Height restrictions to preserve light and privacy and views
of significant features from public property and rights-of-way;
[9]Â
Access to natural lighting and solar exposure;
[10]Â
Ventilation and control of odors and fumes; and
[11]Â
Dust-control paving.
E.Â
Amendments to permits. No expansion of a use that is the subject
of a special permit shall be permitted, except through the same process
as required for initial approval of the special permit.
F.Â
Effect of issuance of a special permit. The issuance of a special
permit shall not authorize the establishment or expansion of any use,
or the development, construction, reconstruction, alteration or moving
of any building or structure, but shall merely authorize the preparation,
filing and processing of applications for any permits or approvals
which may be required by the codes and ordinances of the Town, including
but not limited to a certificate of zoning compliance, a variance,
a building permit or a certificate of occupancy.
G.Â
Limitations on special permits.
(1)Â
A special permit shall become null and void six months after
the date on which it was issued, unless a building permit is obtained
and maintained. If a building permit has not been obtained within
six months of the date of approval, the approval shall lapse and be
of no further effect.
(2)Â
A special permit shall be deemed to authorize only the particular
use for which it was issued, and such permit shall automatically expire
and cease to be of any force or effect if such use shall, for any
reason, be discontinued for a period of six consecutive months or
more.
H.Â
Appeal.
(1)Â
Appeals of special permit decisions made by the Planning Board
shall be made to the Zoning Board of Appeals within 30 days of the
decision.
(2)Â
An appeal from any final decision of the Zoning Board of Appeals
as to any matter regarding the special permit may be taken within
30 days of the filing of such decision, by any person aggrieved or
by any authorized officer, department or board of the Town, in accordance
with Article 78 of the New York Civil Practice Law and Rules.
The Planning Board shall review and grant building lot approval as described and outlined in § 140-117.
A.Â
Authority. The Zoning Board of Appeals shall have authority, in accordance
with the procedures hereinafter established, to authorize use, area
or other variances within the Town of West Bloomfield.
B.Â
Purpose. The variance procedure is intended to provide a means by
which relief may be granted from unforeseen particular applications
of this chapter that create unnecessary hardships or practical difficulties.
Only when such hardships or difficulties are not appropriate for remedy
pursuant to other provisions of this article is the variance procedure
appropriate.
C.Â
Variance standards.
(1)Â
Use variance.
(a)Â
"Use variance" shall mean the authorization by the Zoning Board
of Appeals for the use of land for a purpose that is otherwise not
allowed or is prohibited by the applicable zoning regulations. A use
variance is approved subject to specific plans, terms and conditions.
Modification of such plans, terms and conditions shall require approval
by the Zoning Board of Appeals.
(b)Â
No use variance shall be approved unless the applicant shall
establish that carrying out the strict letter of the provisions of
this chapter would create unnecessary hardship. For purposes of this
section, carrying out the strict letter of a provision of this chapter
would cause unnecessary hardship if a variance permitted to be approved
by this section would alleviate the hardship and if the applicant
establishes the existence of each of the following conditions:
[1]Â
No reasonable return:
[a]Â
The subject lot or parcel is not capable of yielding
a reasonable return if used for its present use or developed, redeveloped
or used for any other use permitted by this chapter (and not prohibited
by any other applicable law) in the district in which such lot or
parcel is located.
[b]Â
Such inability to yield a reasonable return must
be shown by specific fact, and the unsupported opinion of the owner
or those appearing for the owner shall not be accepted as establishing
such inability. Proof that the property cannot be used for its highest
or best use under the regulations applicable to it or that it could
be used more profitably if not subject to such regulations shall not,
alone, be sufficient to establish such inability.
[2]Â
Unique circumstances:
[a]Â
The aforesaid inability to yield a reasonable return
results from unique circumstances peculiar to the subject lot or parcel
which do not apply to or affect other lots or parcels in the immediate
vicinity that are subject to the same regulations, which amount to
more than a mere inconvenience to the owner and which relate to or
arise out of the lot or parcel rather than the personal situation
of the current owner of the lot or parcel.
[b]Â
In all cases, proof of such unique circumstances
shall include, as one of its elements, proof that the existing uses
in the immediate vicinity of the subject lot or parcel are not of
such nature and condition as to justify rezoning a reasonable area
in the vicinity of the subject property to a classification that would
permit the economic use and maintenance of the subject lot or parcel.
[3]Â
Not self-created: The aforesaid inability to yield a reasonable
return is not the result of any action or inaction by the owner or
their predecessors in title. Acquisition or improvement of the subject
lot or parcel at any time after the enactment of the provision sought
to be varied shall raise a rebuttable presumption that the owner's
inability to realize a reasonable return is the result of his/her
own actions.
[4]Â
Essential character of area, surrounding uses and facilities:
The variance would not result in a use or development on the lot or
parcel in question which would be materially detrimental to the public
welfare or materially injurious to the enjoyment, use or development
of property or improvements permitted in the vicinity or would:
(2)Â
Area variance.
(a)Â
"Area variance" shall mean the authorization by the Zoning Board
of Appeals for the use of land in a manner that is not allowed by:
(b)Â
An area variance shall be granted only if evidence is presented
that establishes that the benefit to the applicant if the variance
is granted outweighs the detriment to the health, safety and welfare
of the neighborhood or community by such grant. The following standards
shall be considered:
[1]Â
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance.
[2]Â
Whether the benefit sought by the applicant can be achieved
by some method feasible for the applicant to pursue, other than the
area variance.
[3]Â
Whether the requested area variance is substantial.
[4]Â
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district.
[5]Â
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Board of Appeals but shall
not necessarily preclude the granting of the area variance.
D.Â
Procedure.
(1)Â
Application.
[Amended 8-10-2016 by L.L. No. 4-2016]
(a)Â
All applications for variances shall be submitted to the Secretary
of the Zoning Board of Appeals on forms provided by the said Secretary
and shall be accompanied by such information as may be lawfully required
by the Zoning Board of Appeals.
(b)Â
The Secretary of the Zoning Board of Appeals shall transmit
copies of the application and all supporting documents to the Code
Enforcement Officer for a determination of completeness, and if deemed
complete, to the Board of Appeals for action thereon.
(2)Â
Action by Planning Board.
(a)Â
A copy of the complete variance application and supporting documents
shall be submitted to the Planning Board for review and recommendation.
(b)Â
Failure to submit a written report within 45 days of receiving
the application shall constitute a favorable recommendation of said
application by the Planning Board.
(3)Â
Public hearing. A public hearing shall be set, advertised and conducted by the Zoning Board of Appeals in accordance with § 140-145.
(4)Â
Action by the Zoning Board of Appeals.
(a)Â
Within 62 days following the close of the public hearing, the
Zoning Board of Appeals shall render its decision, approving or denying
the variance. The failure of the Board to act within 62 days shall
be deemed a denial of the variance.
(b)Â
Within 10 business days following such decision or the expiration
of such period, the Board Secretary shall mail notice of such decision
or failure to act to all persons entitled to such notice and file
such decision in the office of the Town Clerk.
(5)Â
Conditions on variances. Specific conditions and safeguards
relating to construction, character, location, landscaping, screening
and other matters relating to the purposes and objectives of this
chapter may be imposed upon the premises benefited by a variance as
considered necessary to prevent injurious effects upon other property
and improvements in the vicinity or upon public facilities and services.
Such conditions shall be expressly set forth in the resolution approving
the variance and in the notice informing the applicant thereof and
in any zoning permit based thereon. Violation of such conditions and
safeguards shall be a violation of this chapter.
(6)Â
Approval of variance other than requested variance. A variance
offering less relief than that requested may be approved when the
record supports the applicant's right to some relief but not to the
relief requested.
(7)Â
Effect of variance approval. The approval of a variance shall
not authorize the establishment or expansion of any use, or the development,
construction, reconstruction, alteration or moving of any building
or structure, but shall merely authorize the preparation, filing,
and processing of applications for any permits and approvals which
may be required by the codes and ordinances of the Town.
E.Â
Limitations on variances. A variance shall become null and void six
months after the date on which it was issued, unless a building permit
is obtained and maintained.
F.Â
Appeal. An appeal from any final decision of the Zoning Board of
Appeals as to any matter regarding the variance may be taken within
30 days of the filing of such decision, by any person aggrieved or
by any authorized officer, department or board of the Town, in accordance
with Article 78 of the New York Civil Practice Law and Rules.
A.Â
An appeal, specifying the grounds for the appeal, shall be filed
with the officer, or body, from whom the appeal is taken and with
the Zoning Board of Appeals. All appeals and applications shall be
made to the Zoning Board of Appeals within 60 days of the date on
which the order, requirement, decision or determination appealed from
was rendered and shall be on forms prescribed by the Board.
B.Â
Such appeal may be taken by any person aggrieved or by an officer,
department, board or bureau of the Town.
C.Â
The concurring vote of a majority of the members of the Zoning Board
of Appeals shall be necessary to reverse any order, requirement, decision
or determination of any such administrative official.
D.Â
The officer from whom the appeal is taken shall, within 30 days of
the filing of the appeal, transmit all papers constituting the record
upon which the appeal is taken to the Zoning Board of Appeals.
E.Â
An appeal stays all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to
the Zoning Board of Appeals, after the notice of appeal shall have
been filed, that, by reason of facts stated in the certificate, a
stay would cause imminent peril to life or property. In this case,
the proceedings shall not be stayed other than by a restraining order,
which may be granted by the Zoning Board of Appeals or by a court
of record, on application, on notice to the officer from whom the
appeal is taken and by showing due cause.
F.Â
If the Zoning Board of Appeals determines that a public hearing is
necessary, the Zoning Board of Appeals shall fix a time for the hearing
of the appeal, give due notice thereof to the parties, and decide
the same within a reasonable length of time thereafter. At the time
of the hearing, any party may appear in person, by agent or by attorney.
G.Â
The Zoning Board of Appeals shall render a decision on each appeal
within 62 days of the close of the public hearing on said matter.
The time within which the Zoning Board of Appeals must render its
decision may be extended by mutual consent of the applicant and the
Board.
H.Â
Any action by the Zoning Board of Appeals shall be stated in writing
and communicated to the person bringing the appeal within five business
days after the decision has been made.
This section shall establish the legality of nonconforming uses,
structures, lots and signs established prior to the effective date
of this chapter that do not conform to the regulations of this chapter
applicable in the zoning districts in which such nonconformities are
located.
A.Â
Purpose.
(1)Â
The zoning districts established by this chapter are designed
to guide the future use of the Town's land by encouraging the development
of desirable residential, commercial and manufacturing-industrial
areas with appropriate groupings of compatible and related uses and
thus to promote and protect the public health, safety and general
welfare.
(2)Â
The continued existence of certain nonconformities is frequently
inconsistent with the Comprehensive Plan, and thus the gradual elimination
of such nonconformities is often desirable. Other nonconformities
may continue to exist and afford adaptive reuse opportunities that
can contribute to neighborhood character, diversity and services.
(3)Â
The regulations of this section are intended to restrict further
investments that would make nonconformities more permanent in their
location in inappropriate districts as well as to afford opportunities
for creative use and reuse of those other nonconformities that contribute
to a neighborhood and are consistent with the goals of the Comprehensive
Plan.
(4)Â
Separate restrictions are established for nonconforming uses
of land and structures designed for a permitted use; nonconforming
uses of structures not designed for a permitted use; nonconforming
structures; nonconforming lots of record; and nonconforming signs.
(5)Â
In the cases of nonconforming uses of land and nonconforming
signs, where the degree of incompatibility is frequently great, the
investment comparatively small, and the economic life short, elimination
of the nonconformity is required after a reasonable amortization period.
B.Â
Certificate of nonconformity standards. A certificate of nonconformity
shall be required for any nonconforming uses, structures, lots and
signs in the Town of West Bloomfield prior to the approval of additional
applications that may be required. The Code Enforcement Officer shall
consider changes in the following in determining the intensity of
the use:
(1)Â
Floor area.
(2)Â
Hours of operation.
(3)Â
Volume and type of sales.
(4)Â
Type of processing activity.
(5)Â
Nature and location of storage.
(6)Â
Transportation requirements by volume, type and characteristics.
(7)Â
Parking characteristics.
(8)Â
Noise, smoke, odor, glare, vibration, radiation and fumes.
C.Â
Procedure.
(1)Â
Application. The owner of any nonconformity may at any time
apply to the Code Enforcement Officer for certification to establish
the legality of nonconformity as of a specified date.
(2)Â
Action by Code Enforcement Officer. Within 45 days following
receipt of an application by the Code Enforcement Officer, or such
longer time as may be agreed to by the applicant, the Code Enforcement
Officer shall cause such application to be reviewed for compliance
with this article and shall inform the applicant whether the application
has been approved, approved with restrictions or denied.
(3)Â
Approval or denial.
(a)Â
In reviewing an application for certification, the Code Enforcement
Officer shall determine if the required documents and proof are in
order and determine if the use, lot, structure or sign:
[1]Â
Was lawfully existing at the time of the adoption of the provision
creating the nonconformity in question;
[2]Â
Has been in continuous use since its establishment with no period
of discontinuance causing abandonment and is not in violation of any
provisions of this chapter;
[3]Â
Is of equal or less intensity than the existing nonconformity;
[4]Â
That fire damage is less than 50% to replace new.
(b)Â
The Code Enforcement Officer shall issue a certificate evidencing
such facts and setting forth the nature and extent of the nonconformity
and the date, if any, upon which such nonconformity is required to
be terminated; otherwise, the Code Enforcement Officer shall decline
to issue such certificate and shall declare such building, structure
or sign to be in violation of this chapter.
D.Â
Limitations of certificates.
(1)Â
A certificate of legal nonconformity for a nonconforming use
shall be valid until the termination of the use.
(2)Â
A certificate of legal nonconformity for a nonconforming structure
shall be valid until the demolition of the structure.
(3)Â
A certificate of legal nonconformity for a nonconforming lot
of record shall be valid indefinitely or until the lot is merged with
another lot for a single development.
E.Â
Appeal.
(1)Â
Appeal of a decision by the Code Enforcement Officer on a certificate
of nonconformity shall be taken to the Zoning Board of Appeals within
60 days of the mailing of the Officer's decision.
(2)Â
An appeal from any final decision of the Zoning Board of Appeals
as to any matter regarding the certificate of nonconformity may be
taken within 32 days of the filing of such decision, by any person
aggrieved or by any authorized officer, department or board of the
Town, in accordance with Article 78 of the New York Civil Practice
Law and Rules.
A.Â
Purpose. The purpose of a change of use permit is to provide an easier
permitting process for a change of use when no exterior alterations
are necessary for such conversion. A change of use permit shall only
be granted to those uses which are permitted within the given zoning
district.
C.Â
Submission requirements: a completed application form.
D.Â
Procedure. The Code Enforcement Officer shall review the application
for a change of use permit and determine if such use meets all other
requirements of this chapter.
(1)Â
If such use meets all the requirements of this chapter, the
Code Enforcement Officer shall issue a change of use permit within
15 days.
(2)Â
If the Code Enforcement Officer finds that such use does not
conform to all provisions of this chapter, the Code Enforcement Officer
shall, within 15 days, deny the applicant a change of use permit.
In the event that a change of use permit is denied, the applicant
may still submit his/her plan through the site plan review process.
E.Â
Expiration. A change of use permit shall be valid until a certificate
of occupancy is granted, at which point such a use becomes the existing
use.
Procedures and limitations on other permits issued by the Code Enforcement Officer are contained in Chapter 56, titled "Building Code Administration," of the Code of West Bloomfield.