No building shall hereafter be erected and no
existing building shall be moved, structurally altered, rebuilt, added
to or enlarged, nor shall any land be used for any purpose other than
those included among the uses listed as permitted or special permitted
uses in each zone district of this chapter and meeting the requirements
set forth herein. Open space contiguous to any building shall not
be encroached upon or reduced in any manner, except in conformity
to the area and bulk requirements, off-street parking requirements
and all other regulations required by this chapter for the zone district
in which such building or space is located. In the event of any such
unlawful encroachment or reduction, such building or use shall be
deemed to be in violation of this chapter, and the certificate of
occupancy shall become null and void.
A.
No structure shall be built within 100 feet of the
bed of a stream carrying water on an average of six months of the
year, except for:
(1)
Public bridges, public water works and other municipal
or public utility facilities; and
(2)
Such private bridges, fords, drainage conduits, embankments
and similar structures as are necessary to permit access to a lot
or portion thereof or as are incidental to a lawful use of a lot,
provided that such structure will not have a material adverse effect
on the stream, nor alter the flow of water therein, nor substantially
increase the likelihood of flood or overflow in the area.
B.
No person shall strip, excavate, stockpile or otherwise
remove or relocate topsoil, except in connection with the approved
construction or alteration of a building; a structure; parking lot
or road; a swimming pool; or lawful excavation operations pursuant
to this chapter.
C.
No movement of earth or soil erosion shall be permitted
at any time in any district which adversely affects conditions on
any other property.
D.
Whenever natural features such as trees, brooks, drainage
channels and views interfere with the proposed use of property, the
retention of the maximum amount of such features consistent with the
intended use of the property shall be encouraged.
A.
Except as specifically provided herein, no lot shall
have erected upon it more than one principal building; or, allowed
more than one principal use. No yard or other open space provided
about any building for the purpose of complying with the provisions
of this chapter shall be considered to provide a yard or open space
for any other building.
B.
No start of construction shall commence until final
subdivision or site plan approval has been granted by the Town and
the subdivision map has been filed in the Ontario County Clerk's office.
In special circumstances, the Town Board may grant approval for site
preparation in advance of final approval upon application for permission
to the Town Board and consultation with the Planning Board. Said application
shall be supported by good and sufficient reasons for starting in
advance of final approval and must contain adequate surety for the
performance of the work.
C.
Accessory or storage buildings, including, but not
limited to, a garage for the parking of passenger automobiles of residents
on the premises, garden house, tool house, play house, housing for
domestic animals, incidental to the residential use of the premises,
shall be subject to the following:
(1)
Accessory buildings attached to a principal building
shall comply with the yard requirements of this chapter for the principal
building.
(2)
No more than two detached accessory buildings, excluding
private garages, may be located on any parcel containing less than
one acre of land in a residential district. Detached accessory buildings
with less than 50 square feet of floor area shall not be included
in determining the number of accessory buildings on a property.
(3)
The total area of all detached accessory buildings
on any parcel of land containing less than one acre of land in a residential
district, including buildings with less than 50 square feet of floor
area, shall not exceed 200 square feet in area. The area of detached
private garages shall not, however, be included in determining total
square footage of detached accessory buildings.
(4)
No detached accessory building in a residential district
shall exceed 35 feet in height.
[Amended 6-9-2003 by L.L. No. 1-2003]
(5)
No detached accessory building shall be closer to
the street right-of-way line than the minimum front yard setback for
the principal building.
[Amended 6-9-2003 by L.L. No. 1-2003]
(6)
A detached accessory building containing greater than 50 square feet in area and located in front of the principal building on a site shall be subject to site plan approval per Article XI, Site Plan Regulations, § 135-84, by the Planning Board.[1]
[Amended 6-9-2003 by L.L. No. 1-2003]
[1]
Editor's Note: Former Subsection C(6), regarding
agricultural buildings or uses or uses in commercial districts, was
repealed 1-22-2001 by L.L. No. 1-2001.
(7)
The Code Enforcement Officer may require detached
accessory buildings to be fenced and/or buffered from adjacent properties
consistent with approved site development plans in order to protect
the value of adjacent properties.
[Added 6-9-2003 by L.L. No. 1-2003]
(8)
These provisions shall not apply to agricultural buildings
which are intended to be used for income-producing agricultural activities.
[Added 6-9-2003 by L.L. No. 1-2003]
D.
Every principal building shall have access to a public
street. Said access shall be improved to meet Town requirements. Access
may be either direct or by private road or drive approved by the town.
Where a private road or drive provides access to more than one principal
building, said road shall have a right-of-way width of not less than
60 feet and an improved surface of at least 22 feet in width. All
structures shall be located on lots so as to provide safe and convenient
access for servicing, fire protection and required off-street parking.
Private roads/driveways longer than 500 feet will have a pulloff to
accommodate emergency vehicles at a location to be determined by local
authorities having said jurisdiction.
[Amended 5-24-1999 by L.L. No. 1-1999]
E.
At the intersection of two or more streets, no hedge,
fence or wall (other than a single post or tree) which is higher than
three feet above curb level, nor any obstruction to vision, including
agricultural crops, shall be permitted in the triangular area formed
by the intersecting street lines and a line joining each 50 feet distant
from said intersection measured along the edge of the pavement.
F.
Where a building lot has frontage on a street which
is proposed for right-of-way widening, the required front yard setback
area shall be measured from such proposed right-of-way line.
G.
No business establishment shall place or display goods
for purposes of sale or permit any coin-operated vending machine of
any type to be placed in any location which would infringe upon the
required yard areas specified in this ordinance.
H.
Agricultural operations.
[Amended 1-22-2001 by L.L. No. 1-2001]
(1)
Normal agricultural operations or practices are allowed
in all districts of the town.
(2)
No manure, odor or dust-producing substances shall
be permitted to be stored within 200 feet of any lot line, unless
such substance is part of accepted agricultural operations or practices
and the land involved lies within an established State Agricultural
District.
I.
For the purpose of regulating the location of buildings
on corner lots and on lots extending between two parallel streets,
all portions of a corner lot or a through lot which fronts on a public
street shall be subject to the front yard requirements of the zone
district in which said corner lot or through lot is located.
J.
No front yard shall be used for the open storage of
boats, vehicles, travel trailers or any other equipment, except for
vehicular parking on driveways. Such vehicles may be stored on the
side of the building but not nearer than 10 feet from the rear or
side lot line.
K.
When a new lot is formed so as to include within its
boundaries any part of a former lot on which there is an existing
building or use, the subdivision must be carried out in such a manner
as will not infringe upon any of the provisions of this chapter, either
with respect to any existing structures or use and any proposed structures
or use or setbacks.
L.
Nothing in this chapter shall restrict the construction,
use or maintenance of public buildings, structures or facilities,
parks or other publicly owned properties or the installation and maintenance
of such public utilities as may be required to service any district.
M.
Fences erected in the Town shall adhere to the following
standards:
(1)
No fence in a front yard of a residential district
shall be erected, altered or reconstructed to a height exceeding four
feet above ground level.
(2)
Fences in any rear or side yard of a residential district
may be erected, altered or reconstructed to a height of up to eight
feet above ground level.
(3)
Fencing used to enclose a tennis court may be permitted
up to 12 feet in height, provided that such fencing is not less than
15 feet from either the side or rear property line.
(4)
These restrictions shall not be applied so as to restrict
the erection of a wall for the purpose of retaining earth.
(5)
Fences in the restricted business, industrial and
commercial districts may be up to eight feet in height.
(6)
Fences for kennels and for the purpose of enclosing
farmland, horses, cattle and communication towers shall not exceed
eight feet in height.
(7)
No fence shall be erected to encroach on any property
line or upon a public right-of-way.
(8)
No fence shall be erected in a delineated area of special flood hazard, except for farm fences, provided that it can be demonstrated that such fence would not restrict the flow of floodwaters nor would it have any impact on any buildings. No fence shall be erected in such area of special flood hazard until a development permit is obtained in accordance with § 135-50 of this chapter.
N.
If the use of any lot or building involves the disposal
of sewage or wastewater and public sewers are not available, an adequate
sanitary disposal system for the same shall be installed in accordance
with regulations and standards promulgated by the Town of East Bloomfield
and by the Department of Health and at all times maintained on such
lot or in lawful connection therewith. The minimum lot area otherwise
required shall be increased where necessary to the extent required
to provide such disposal system. Certification of approval for the
installation of on-site sewage disposal systems shall be obtained
from the Town Code Enforcement Officer or the Department of Health
and submitted to the Town Code Enforcement Officer prior to the start
of construction. In addition, if the use of any lot or building involves
a private water source, an adequate well shall be installed in accordance
with regulations and standards imposed by the New York State Department
of Health. Certification of the quality and quantity of the well and
water system shall be submitted to the Town Code Enforcement Officer
prior to the start of construction.
[Amended 5-24-1993 by L.L. No. 1-1993]
O.
Except for customary farm operations, no lot shall be used for the commercial storage or disposal of solid or liquid waste without the prior approval of the Town Board. Duly approved individual sewage disposal systems shall be excepted from this provision. Town Board approval shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties and evidence of any required permits necessary from the New York State Departments of Health and/or Environmental Conservation. The Town Board may require the submission of any documents necessary to make the foregoing finding. Consistent with the provisions of Subsection N above, this provision shall not prohibit the storage of animal waste upon any farm.
P.
Individual sewage disposal systems shall be designed,
installed and maintained in accordance with approved plans and the
procedures and standards of the New York State Departments of Health
and Environmental Conservation.
Q.
All construction plans shall include design solutions
for each site's drainage needs. Site grading shall direct water away
from buildings and structures to the natural drainageway or a public
storm drainage system. Where no public storm drainage system exists,
site drainage controls will be required for each development to maintain
surface runoff to any adjacent site or natural drainageway. The rate
of surface runoff shall be the site's existing rate shown to exist
based on accepted drainage calculation.
R.
Any structure which has been vacant or which has had
utility service disconnected for 12 consecutive months shall not be
used for any purpose without obtaining a new certificate of compliance.
S.
Any structure damaged by fire and determined by the
Code Enforcement Officer to be substantially destroyed by fire shall
require a new building permit before any reconstruction is started.
A new certificate of occupancy shall also be required.
T.
Any structure partially destroyed by fire shall be
rebuilt in accordance with this chapter and the following additional
provisions:
(1)
No permit shall be required to restore/replace any
interior portion of a structure to its same condition prior to its
being damaged unless over 50%.
(2)
Any structural damage resulting from a fire, including,
but not limited to, size of building, bearing walls, entranceways
or building materials, shall require a new building permit, and said
reconstruction shall meet or exceed the Uniform Code requirements
and the provisions of this chapter and the State Energy Code.
U.
No more than two antennas and no more than one TV
satellite reception dish shall be permitted on any lot in any district.
V.
The dumping of refuse, waste material and other substances
shall be prohibited in all districts. This is not, however, to be
construed as prohibiting filling to establish grades following the
issuance of a permit by the Code Enforcement Officer. Materials used
as fill to establish grades shall consist solely of clean dirt, gravel
and other clean fill. All materials applied shall be leveled and covered
with at least four inches of clean dirt and subject to approval of
the Code Enforcement Officer.
W.
No dwelling units shall be allowed to keep more than
three dogs which are more than six months of age.
X.
A resident living in a single-family residence or duplex may keep
chickens and ducks on the lot on which the resident resides and is
subject to the following:
[Amended 6-28-2021 by L.L. No. 2-2021]
(2)
All chickens/ducks shall be kept behind the front line of the house.
(3)
All chickens/ducks shall be confined in a coop, pen or run. All chickens/ducks
will be kept within the lot lines of said owner's residential property.
(4)
A building permit is required from the Town for a permanent chicken
coop, 51 square feet or larger. It shall be located in rear yards
and no closer to any lot lines than an accessory structure for the
district it's located in. A building permit is not required for a
nonpermanent chicken coop of 50 square feet and below. This also includes
chicken runs commonly called "chicken tractors." These shall not be
beyond the front line of the house and no closer than five feet to
any lot line.
(5)
There shall be a minimum of six square feet of run space and two
square feet of coop space per chicken or duck.
(6)
Chicken/duck feed must be secured from pests.
(7)
All animal by-products must be collected and removed under sanitary
conditions on a regular basis. Temporary storage will not be within
25 feet of any lot line or 100 feet of any water supply or waterway.
(8)
Roosters shall not be allowed on less than five acres.
Y.
All ponds, including farm, water conservancy and fire
protection ponds, shall not be established any closer than 25 feet
to any property line or 100 feet to any road right-of-way.
[Amended 1-22-2001 by L.L. No. 1-2001]
Z.
Any personal communication tower/use requiring a tower more than 35 feet above grade or whose power exceeds one watt is not to be considered as a personal use and is subject to the same restrictions as any commercial tower (see special user permit § 135-69). Interference demonstrated by surrounding neighbors is to be corrected within 90 days or use shall be discontinued, building permit and certificate of compliance terminated and the offending device will be dismantled.
[Added 2-26-1996 by L.L. No. 1-1996]
