The regulations set by this chapter shall be the minimum regulations
within each district and shall apply uniformly to each class or kind
of structure or use of land, except as hereinafter provided:
A.
No building, structure, or land shall hereafter be used or occupied,
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved, or structurally altered except
in conformity with all the regulations herein specified for the district
in which it is located.
B.
No building or structure shall hereafter be erected or altered which:
(1)
Exceeds the height limitation for any structure within a specified
district; or
(2)
Accommodates or houses a greater number of families; or
(3)
Occupies a greater percentage of lot area; or
(4)
Has narrower or smaller yards or other open spaces than herein required
or in any other manner contrary to the provisions of this chapter
and the requirements of the New York State Uniform Code.
C.
No part of a yard or other open space, or off-street parking or loading space required or in connection with any building or use for the purpose of complying with the regulations set forth herein shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building or use except as provided in Article VII.
D.
No yard or lot existing at the time of enactment of this chapter
shall be reduced in dimension or area below the minimum requirements
set forth herein. Yards or lots created after the effective date of
this chapter shall meet or exceed the minimum requirements established
herein.
A.
Purpose. The purpose of the R-1-20 Residential District is to promote
orderly, low-density development of single-family dwelling units in
residential neighborhoods in the Village of Bloomfield. It is also
the declared purpose of these regulations that these single-family
neighborhoods shall be free from other uses except those listed herein
and hereby declared to be compatible with the residential character
of this district.
B.
Permitted principal uses.
(1)
One single-family dwelling per lot.
(2)
Public parks and playgrounds.
(3)
Customary farm operations.
(4)
Manufactured dwellings.
(a)
The siting of single-wide manufactured dwellings shall be permitted
only in manufactured home parks within the Village of Bloomfield.
(b)
All single-wide manufactured dwellings sited under the provisions
of this chapter shall have a living area of not less than 750 square
feet. If the manufactured dwelling sought to be sited is a double-wide,
it shall have a living area of not less than 960 square feet and shall
be at least 20 feet wide.
(c)
A double-wide factory-manufactured dwelling installed in a manufactured
home park or on its own building lot shall not be used for multifamily
residential occupation.
(d)
Each double-wide manufactured dwelling sited on its own building
lot must be on a full perimeter foundation with concrete or concrete
block foundation walls extended below the frost line and must be affixed
to said foundation strictly in accordance with the manufacturer's
specifications.
(e)
All manufactured dwellings sited in the Village shall be required
to meet all federal, state, and local laws at the time of application.
C.
Permitted accessory uses and structures.
(1)
Private garages or carports for off-street parking.
(2)
Customary accessory structures serving residential uses, including,
but not limited to, a dwelling accessory apartment unit, private swimming
pools, hot tubs, storage buildings, pet shelters, and barbecues.
(3)
Fencing in accordance with the provisions of this chapter.
(4)
"Home occupation" is defined as a use of a nonresidential nature
which is conducted in the home or an accessory building by the resident
and which is clearly subordinate to the residential nature and character
of the dwelling. The occupation may be of a professional or service
nature that only incidentally offers goods for sale to the public
on-site. The term home occupation does not include such uses as commercial
stables and kennels, restaurants, nursing facilities, instruction
of groups in excess of four persons, motor vehicle repair, machine
shops, welding and fabrication, furniture repair involving dipping
tanks and stripping. Should the enterprise's needs exceed the standards
of the defined home occupation and/or the zoning requirements, it
will no longer be considered a home occupation and the permit will
no longer be valid. A home occupation shall:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
Be conducted only by residents on the premises;
(b)
Be conducted only in the dwelling which is the principal residence
of the practitioner, or an accessory structure on the same parcel.
The enterprise shall not occupy more than 25% of the dwelling. It
may occupy any portion of an accessory structure. In no circumstances
shall the enterprise occupy in excess of 500 square feet or be visible
from the street;
(c)
Occupy no more than 1/2 of the habitable floor space of the
floor on which it are conducted (or 25% of the gross floor area),
whichever is smaller;
(d)
Involve no outdoor display of goods or outside storage of equipment
or materials used in the customary home profession;
(5)
Not more than one ground-mounted satellite TV dish antenna not more
than 12 feet in diameter and 16 feet in height may be permitted for
each property. The minimum setback of a ground-mounted satellite TV
dish antenna from all property lines shall be 16 feet. A zoning permit
issued by the Code Enforcement Officer shall be required prior to
placing a dish in operation. The Village may require the applicant
to screen the dish antennas in order to reduce potential nuisance
or disturbances to adjacent properties. All dish antennas shall be
located in either the side or rear yards.
(6)
Other antennas or towers may be either ground-mounted or mounted
onto or attached to a building for support. Such antennas or towers
shall not exceed 15 feet above the maximum height of the building
on which it is mounted or to which it is attached or accessory thereto.
A zoning permit issued by the Code Enforcement Officer shall be required
prior to placing a ground-mounted antenna in operation.
(7)
An antenna or tower which is ground-mounted shall be located in rear
yards only. Antennas or ground-mounted towers shall be set back from
all other structures and all property lines a distance which is not
less than 1 1/2 times the distance between the highest part of
such antenna or tower and the ground. Guy wires, anchors, and other
supports for an antenna shall not be closer than 10 feet to any property
line.
(8)
Other accessory uses not specified herein may be authorized by the
Zoning Board, provided that the Board determines that such uses are
clearly accessory to the permitted principal use on the lot and consistent
with the purpose and intent of the zone district and this chapter.
D.
Dimensional requirements. The dimensional requirements for this district
are specified in the Zoning Schedule, which is a part of this chapter.[1]
[1]
Editor's Note: The Zoning Schedule, Schedule I, is included as an attachment to this chapter.
E.
Special permitted uses. The following uses may be permitted consistent with the provisions of Article IX, provided that a special use permit is approved by the Planning Board:
(1)
Essential services, excluding power plants, maintenance buildings
and storage yards.
(2)
Two-family dwellings, including duplexes.
(3)
Residential conversions.
(4)
Townhouse clusters and developments.
(5)
Windmills and wind generators.
(6)
Public and semipublic uses and buildings.
(7)
Cluster residential developments.
(8)
Tourist homes/bed-and-breakfast uses.
A.
Purpose. The purpose of the R-1-15 Residential District is to promote
medium-density development of single-family detached dwelling units
in residential neighborhoods in the Village of Bloomfield. It is also
the declared purpose of these regulations that these single-family
neighborhoods shall be free from other uses except those listed herein
and hereby declared to be compatible with the residential character
of this district.
C.
Permitted accessory uses and structures. The same as are permitted in the R-1-20 Residential District, § 135-62C of this chapter.
D.
Dimensional requirements. The dimensional requirements for this district
are specified in the Zoning Schedule, which is a part of this chapter.[1]
[1]
Editor's Note: The Zoning Schedule, Schedule I, is included as an attachment to this chapter.
E.
Special permitted uses. The following uses may be permitted in the R-1-15 Residential District consistent with the provisions of Article IX, provided a special use permit is approved by the Planning Board:
A.
Purpose. The purpose of the MR Multiple Residence District is to
establish and preserve medium-density residential districts, excluding
uses which are not compatible with residential uses, but permitting
certain nonresidential uses which are of particular convenience to
the residents of the district.
B.
Permitted principal uses.
(1)
Apartment houses and multiple-family dwellings.
(2)
Two-family dwelling unit structures.
(3)
Public parks and playgrounds.
(4)
Public buildings and grounds, excluding maintenance, storage, or
repair facilities.
(5)
Public or private schools accredited by the New York State Department
of Education.
C.
Permitted accessory uses and structures.
(1)
Customary accessory uses and buildings designed as an integral part
of the multifamily development and scaled for the exclusive use of
the development.
(2)
Private recreational facilities and uses.
(3)
Swimming pool(s).
(4)
Off-street parking areas, garages, or carports.
(6)
Home occupations as listed in § 135-62C(4) where rental leases allow such home occupations.
D.
Dimensional requirements. The dimensional requirements for this district
are specified in the Zoning Schedule I which is made a part of this
chapter.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
E.
Special permitted uses. The following uses may be permitted in the MR Multiple Residence District consistent with the provisions of Article IX, provided a special use permit is approved by the Planning Board.
H.
Site plan approval. Site plan approval shall be secured as required in Article XIII of this chapter.
I.
Design standards. The following site design standards shall apply
to all multiple dwelling unit developments in the MR Multiple Residence
District.
(1)
The minimum tract area for multiple dwelling unit development shall
not be less than three acres.
(2)
The maximum density of residential development per gross acre of
land (including roadways, pedestrian walkways, common recreation areas,
off-street parking areas, open areas, and all nonresidential areas)
shall not exceed eight dwelling units per acre.
(3)
The minimum habitable floor areas shall be the minimum floor area,
exclusive of common areas such as halls, foyers, and basement utility
areas, as follows:
(4)
Recreation, open space, maintenance.
(a)
Multiple-family dwelling developments shall be designed to create
usable private open space. A minimum of 10% of the total tract area,
exclusive of the required setback areas, buffer strip, and parking
areas, shall be designated for common recreational purposes.
(b)
No recreational area shall be less than 10,000 square feet in
area nor less than 100 feet in width. Areas designated for recreation
purposes shall be approved by the Planning Board.
(c)
Multiple-family dwelling developments shall be attractively
landscaped and properly maintained. Open space adjacent to, around,
or between driveways, parking areas, structures, or other required
improvements shall be graded and seeded to provide a thick stand of
grass or other plant material.
(d)
Multiple-family developments shall be constructed in accord
with the site plan approved by the Planning Board and shall be designed
to ensure adequate provisions for drainage and stormwater runoff.
(5)
Apartment buildings or multifamily dwellings shall contain no more
than eight dwelling units.
(7)
Unit design standards. Each multiple-family dwelling unit building
within a multiple-family development site shall be regulated as follows:
(a)
Setback. No building shall be closer than 40 feet to any street
or public right-of-way or any other property line. The Planning Board
may require a greater setback when the proposed development site abuts
a CC Community Commercial, an LI Light Industrial, or a GI General
Industrial District.
(b)
Minimum distance between buildings shall be 25 feet.
(c)
Direct line-of-sight visibility from one building to another
on the property shall not be less than 50 feet.
(d)
Every building shall have a minimum setback of 20 feet from
all interior roads, driveways, and parking areas.
(e)
A strip of land around each multiple-family building, at least
six feet in width, shall be kept completely open except for foundation
plantings of less than six feet in height.
(f)
Courtyards bounded on three sides by the wings of a single building
or by the walls of separate buildings shall have a minimum court width
of two feet for each one foot in height of the tallest adjacent-building.
(g)
No exterior wall shall exceed 100 feet in length unless there
is a lateral offset of at least eight feet in its alignment not less
frequently than along each 100 feet of length of such exterior wall.
(h)
All stairways to the second floor or higher shall be located
inside the building.
(8)
Access to public roads.
(a)
All apartment and/or multiple-family dwelling developments shall
have direct access to a public street.
(b)
Where there are eight or more dwelling units in a development,
access from the common parking area(s) to the public street must be
provided by either a private driveway or a street dedicated to the
Village by the developer. The minimum width of any private driveway
in a multiple-family development shall be:
(c)
Where there are 50 or more dwelling units in a development,
the Planning Board may require additional access as a condition of
site plan approval.
(d)
In no event shall the Planning Board allow more than 75 dwelling
units to be served by one access to a public street.
(9)
Services.
(a)
Each multifamily dwelling unit shall contain complete kitchen
facilities, toilet, and bathing and sleeping facilities.
(b)
Common storage areas shall be provided for bicycles, perambulators,
and similar types of equipment. Said storage areas may be provided
in the residential structure or in a separate detached accessory building.
Space devoted for such use shall not be less than 40 square feet in
area per dwelling unit.
(c)
Within each apartment complex, there shall be sufficient laundry,
drying, and other utility areas.
(d)
Garbage/recycling storage areas shall be provided for each building.
Such facilities shall be located with a view both to convenience and
to minimizing the detrimental effect on the aesthetic character of
the building(s), and shall be enclosed and shielded from view by fencing,
walls, or shrubbery of at least six feet in height around the perimeter.
Fencing and walls shall be not more than 50% open on the vertical
surface.
(10)
Utilities.
(a)
All public utility, electric, gas, cable television, and telephone
lines shall be installed underground.
(b)
Multiple-family developments shall be served exclusively by
public water (to meet both domestic and fire flow needs) and sanitary
sewer services. Connections to existing supply and disposal systems
shall be approved by the Village.
(11)
Off-street parking. Requirements for off-street parking as provided in Article X of this chapter shall be met, except that the location of off-street parking lots may be modified to conform with the approved site plan, provided that off-street parking shall not be located within the required yard setback areas. Paved pedestrian walkways, with appropriate lighting, shall be provided from off-street parking areas to all living units.
(12)
Lot coverage. The aggregate lot coverage of multiple-family
dwelling developments shall not exceed 30% of the total lot area.
(13)
Structure height. Structures in multiple-family developments shall typically not exceed 35 feet in height. For every foot of building height above 35 feet, the minimum required yard setbacks specified in Subsection I(7) above shall be increased by 0.5 feet. The Code Enforcement Officer and Fire Chief shall review and approve all proposals to construct a structure greater than 50 feet in height.
(14)
Customary home occupations and customary home profession occupations.
Customary home occupations and customary home profession occupations
shall be permitted within a multiple-family development when permitted
by the rental lease.
A.
Purpose. The purpose of the MH Manufactured Home Park District is
to provide opportunity for diversity in housing choice. It is also
intended to provide greater opportunity for obtaining moderate-cost
housing to meet the needs of a variety of household types. Finally,
it is the purpose of this section to enact proper control and development
regulations to ensure that manufactured home parks provide an attractive
and functional residential environment. The Village will entertain
proposals for manufactured home park districts, provided that rezoning
is consistent with the Village's Comprehensive Plan and in conformance
with these regulations.
C.
Permitted accessory uses.
(1)
Private garages and carports.
(2)
Customary residential storage structures.
(3)
Off-street parking and signs in accordance with the provisions of
this chapter.
(4)
Community facility buildings and uses servicing the residents of
the manufactured home park subject to approval of the Village Board.
(5)
Home occupations, as defined in § 135-62C(4), are permitted.
D.
Dimensional requirements.
(1)
Dimensional and setback requirements.
(a)
Each manufactured home lot within the park shall comply with
the applicable lot size and setback requirements set forth in Schedule
I.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
(b)
The minimum site area of a manufactured home park shall be not
less than 10 acres.
(c)
No manufactured home or other structure in a manufactured home
park shall be located within 100 feet of any public street line or
within 60 feet of any other property line adjoining the manufactured
home park.
(d)
Not more than one manufactured home shall be located on any
one manufactured home lot. Every manufactured home within a manufactured
home park shall be located on a manufactured home lot or in a designated
storage area shown on the approved site plan for said park.
(e)
Each manufactured home lot shall front on an interior park roadway.
An iron stake shall be located and maintained by the park owner at
the corner of each manufactured home lot.
(f)
There shall be a landscaped buffer area not less than 50 feet
in depth around the perimeter of all new or expanded manufactured
home parks.
(2)
Size of individual manufactured/manufactured home dwelling units.
The minimum size of any individual manufactured home dwelling unit
in an MH Manufactured Home Park District shall not be less than 840
square feet.
(3)
Park density. The maximum density of development in an MH Manufactured
Home Park District shall not exceed six manufactured home dwelling
units per acre.
E.
Special permitted uses. The following uses may be permitted in the MH Manufactured Home Park District consistent with the provisions of Article IX, provided a special use permit is approved by the Planning Board.
F.
Additional uses and requirements. Rezoning for a manufactured home
park shall not be approved until conceptual site plans for the park
have been reviewed by the Planning Board and approved by the Village
Board. No site preparation or construction shall commence until the
property has been rezoned and all permits have been issued by all
governmental agencies involved. This provision shall apply to the
expansion or alteration of existing manufactured home parks as well
as to proposals for new parks. A site plan for the establishment of
a new manufactured home park or for the expansion or alteration of
an existing manufactured home park shall contain all of the required
data elements specified herein, plus any additional information which
may be required by the Planning Board to complete its review and evaluation
of the proposed plans. In the review of proposed site plans, the Planning
Board's investigations shall certify for action by the Village Board
that the plans comply with the following standards and development
regulations:
(1)
Every roadway within a manufactured home park shall have a minimum
street/pavement width of 22 feet, and a minimum right-of-way width
of 60 feet. Internal streets shall conform to the following standards:
(a)
Culs-de-sac shall be provided in lieu of closed-end streets
and shall have a minimum diameter of 70 feet.
(b)
All streets shall be constructed of blacktop or equivalent of
same, and shall be designed, graded, and leveled as to permit the
safe passage of emergency and service vehicles at a speed of 15 miles
per hour.
(c)
Each street shall be named, and each manufactured home lot thereon
shall be given a permanent number which shall be affixed to the manufactured
home and shall be visible from the street.
(d)
All internal streets shall be illuminated from dusk to dawn
with adequate lighting.
(e)
Every roadway within a manufactured home park shall meet Village
subdivision standards for dedication as a public street and shall
be maintained in good repair. Every roadway shall be open at all times
for travel by occupants of the park and necessary fire, police, ambulance,
public utility maintenance and fuel supply vehicles. The park owner
shall be responsible for providing and paying the cost of such maintenance
and all necessary snow removal. The provisions of this subsection
shall apply to existing manufactured home parks and manufactured home
parks hereafter established.
(f)
Pedestrian walkways shall be provided along at least one side
of all interior streets. Said walkways shall have a width of not less
than four feet.
(2)
Off-street parking. Each manufactured home lot must have two off-street
parking spaces. Alternative parking facilities may be provided so
that each manufactured home lot will have one off-street parking space
with a common parking area utilized for second vehicle parking, guest
parking, and for delivery and service vehicles.
(3)
Other park requirements.
(a)
At least one service building shall be constructed in each manufactured
home park which shall be adequate to provide for storage of all equipment,
tools, and materials necessary for the maintenance of the park. All
such equipment, tools, and materials shall be stored within said building
when they are not in use.
(b)
An adequate supply of public water shall be provided for manufactured
homes, service buildings, and other accessory buildings.
(c)
A sanitary sewer system shall be provided in all parks for conveying
and disposing of sewage from manufactured homes, service buildings,
and other accessory facilities.
(d)
Each manufactured home dwelling placed in a park shall be equipped
with its own toilet, bath, and kitchen facilities enabling the occupants
to function as an independent housekeeping entity.
(e)
Any manufactured home unit sited in the Village is to have been
manufactured in accordance with all state and federal minimum standards.
(f)
An adequate storm drainage system shall be installed.
(g)
All public utility, electric, gas, cable, television, and telephone
lines shall be installed underground.
(h)
The park owner shall provide for the regular collection and
disposal of garbage, trash, and rubbish to prevent the trash containers
from overflowing. All receptacles for trash shall have covers to prevent
the littering of grounds with trash and refuse.
(i)
All fuel tanks within a manufactured home park, including all
fuel tanks used for heating within manufactured homes, shall be installed
in accordance with standards established by the New York State Department
of Environmental Conservation or NFPA.
(j)
No manufactured home shall be located on a manufactured home
lot until the roadways, sanitary sewage disposal system, water supply
system, and storm drainage system serving said manufactured home lot
have been installed in accordance with the approved site plan for
the manufactured home park.
(k)
Manufactured home park owners shall obtain a permit from the
Village approving the location of a site for the placement of individual
manufactured home units prior to such units being occupied. No permit
shall be issued until the owner has obtained a written certification
from the New York State Department of Health that connection to a
public sewer system meets standards.
(l)
Only one detached accessory building, not exceeding 100 square
feet in building area, may be constructed on each such manufactured/manufactured
home lot. Buildings attached to a manufactured home may be constructed,
provided the total building area thereof does not exceed 100% of the
building area of the manufactured home. These provisions shall not
apply to carports. A permit must be obtained from the Code Enforcement
Officer prior to construction of any such enclosure or addition. The
application shall provide a detailed plan of the proposed construction.
Such accessory structures shall be completed within two months of
the date of issuance of such permit.
(m)
All occupied manufactured homes shall be set on a stand and
skirted with a noncombustible material, which shall be installed on
all sides of the manufactured home and constructed from the said side
walls to the level of the surrounding ground, so as to enclose the
area between the floor of the manufactured home and the said surrounding
ground. Such skirting is to be properly ventilated and be completed
within 30 days after placement of the manufactured home on the site.
(n)
All manufactured homes shall be secured to the permanent foundation
in at least each corner by steel rods which are anchored down through
the foundation wall into the footer. When the foundation walls are
made of concrete blocks, the corner blocks shall be filled with concrete.
Each anchoring device shall be able to sustain a minimum load of 4,800
pounds.
(o)
Each manufactured home site shall be provided with a stand which
will give a firm base and adequate support for the manufactured home.
Such stand shall have a dimension approximating the width and length
of the home and any additions or expansions thereto. Well-anchored
tie-owns shall be provided on at least each corner of the stand. All
manufactured homes shall be placed directly upon a permanent foundation
consisting of a floor of at least six inches of poured concrete, or
eight-inch concrete block, placed upon a pure concrete footer which
is not less than 16 inches wide and six inches in depth. This foundation
shall extend a minimum of 42 inches below finished grade. The foundation
shall be adequately vented.
(p)
A manufactured home park landscape plan shall be prepared and
carried out which will assure the Planning Board that an appropriate
planting of trees and shrubs will be included in the park design,
including screening where necessary
(4)
Violation. Should the Code Enforcement Officer (CEO) determine that
the owner of the manufactured home park is in violation of any of
the provisions and regulations of this section, the approval authorizing
the establishment of the park shall be null and void. Unless the violation
is corrected within 30 days of written notification of the violation
by the CEO, the use of the site for a manufactured home park shall
be discontinued and all of the manufactured homes on the site removed
within 10 days following the thirty-day period to correct the violation.
(5)
Sales.
(a)
No manufactured home lot shall be sold in a manufactured home
park.
(b)
Manufactured homes shall be offered for sale, displayed for
sale, or sold only within a manufactured home park. New manufactured
home units for sale shall either be connected to all utilities or
placed within a designated sales area approved as part of the overall
site plan. Such designated sales area shall be only for the sale of
homes in the approved park.
(c)
On-site commercial sales of manufactured homes may be permitted
until such time as the park reaches 100% occupancy of all approved
manufactured home lots in the park. Such commercial activity shall
be discontinued and all evidence of such activity removed within seven
days of reaching 100% occupancy.
(6)
Management of a manufactured home park.
(a)
Every manufactured home park shall be under the direct management
of the owner or his agent or representative.
(b)
Such person shall operate the manufactured home park from an
office located within the park.
(c)
Such person shall maintain a current record of the names of
all persons residing at the park.
(d)
These records shall be available to any authorized person inspecting
the park for compliance with these regulations.
A.
Purpose. The purpose of the RB-1 Restricted Business District is
to provide suitable areas for various nonretail, service-oriented
uses that are easily accessible to the general public. Such districts
are intended, where possible, to serve as a transition area between
residential uses and commercial and industrial uses. Restricted business
uses generally have low volumes of traffic compared to commercial
and industrial uses. The hours of operation and noise characteristics
of restricted business uses are generally compatible as transition
uses.
B.
Permitted principal uses.
(1)
Single- and two-family dwelling units.
(2)
Insurance offices of independent or general agents, excluding regional
or district offices of individual companies.
(3)
Medical and dental offices and clinics, excluding overnight occupancy.
(4)
Public utility offices.
(5)
Offices for attorneys, architects, designers, engineers, planners,
etc., excluding any warehouse or storage areas.
(6)
Other types of executive or professional offices, determined by the
Zoning Board of Appeals to be in accordance with the purpose of this
district.
C.
Permitted accessory uses and structures.
(1)
Customary accessory uses designed as an integral part of the restricted
business use and scaled for the exclusive use of the development.
(2)
Customary accessory structures serving residential uses, including,
but not limited to, private swimming pools, hot tubs, storage buildings,
pet shelters, and barbecues.
D.
Dimensional requirements. The dimensional requirements for this district
are specified in the Zoning Schedule, which is part of this chapter.[1]
[1]
Editor's Note: The Zoning Schedule, Schedule I, is included as an attachment to this chapter.
A.
Purpose. The purpose of the CC Community Commercial District is to
provide integrated and planned commercial areas, providing goods and
services necessary to serve the needs of the population of the community.
B.
Permitted principal uses.
(1)
Generally recognized retail businesses which supply commodities on
the premises for persons residing in adjacent residential areas, such
as, but not limited to: groceries, meats, dairy products, baked goods,
or other foods, drugs, dry goods, clothing, toys, and notions.
(2)
Personal service establishments which perform services on the premises,
such as, but not limited to: repair shops (watches, radio, television,
shoe, etc.), tailor shops, beauty parlors or barbershops, tanning
salons, fitness centers, banks, photographic studios, and self-service
laundries.
(3)
Dry-cleaning establishments or pickup stations, dealing directly
with consumers. Central dry-cleaning plants serving more than one
retail outlet shall be prohibited.
(4)
Hardware stores, garden supply stores, and paint and wallpaper stores,
excluding outside storage.
(5)
Liquor stores.
(6)
Newsstands and card shops.
(7)
Florists.
(8)
Restaurants, excluding drive-in restaurants.
(9)
Dance, art, and music studios.
(10)
The sale, lease, or rental of new and used vehicles, provided
that:
(a)
Such sales shall be conducted in a fully enclosed building located
on the same lot, and having a building area of not less than 5,000
square feet devoted to the sales and services of vehicles.
(b)
The sale of new and used vehicles may be carried on in an unenclosed
area, provided that:
[1]
Such area is on the same or an adjacent lot to such building.
If the enclosed area is on an adjacent lot, the lot shall be not more
than 200 feet from the lot with the building, and in the same ownership
as said building, and be in a CC Community Commercial District, and
be used for no other purpose.
[2]
Such unenclosed area shall be paved, shall be suitably drained,
and shall be maintained in a neat and orderly manner.
[3]
All exterior illumination shall be approved by the Planning
Board and shall be shielded from the view of all surrounding properties
and streets.
[4]
Suitable landscaping and/or fencing of such unenclosed area
shall be required and approved by the Planning Board.
[5]
As used in this section, the sale of new vehicles shall be deemed
to mean only the sale of such vehicles under a franchise granted to
the person, firm, or corporation conducting such business by a vehicle
manufacturer. Used vehicles shall be sold only in connection with
the sale of new auto vehicles.
[6]
No establishment for the sale of new and used vehicles shall
be opened, conducted, or maintained except as provided above. Site
plans for any changes required to bring about such conformance shall
be submitted to and approved by the Planning Board before any such
change shall be made. The Planning Board may approve, modify, or disapprove
such plans and may impose reasonable and appropriate conditions to
such approval so that the spirit of this chapter shall be observed.
(11)
Commercial uses such as gift shops, tourist shops, clothing
stores, furniture stores, craft shops, appliance stores, sporting
goods stores, and shoe stores.
(12)
Electrical, heating, plumbing, or woodworking shops.
(13)
Auto parts stores.
C.
Permitted accessory uses and structures.
(1)
Private garages and storage buildings which are necessary to store
any commercial vehicles, equipment, or materials on the premises and
which are used in conjunction with a permitted business use.
(2)
Outdoor storage areas of products sold on the premises, provided
such areas are not located in the front yard portion of the lot. All
outdoor storage areas shall be fenced on all sides except those not
immediately adjacent to the side of a building.
D.
Dimensional requirements. The dimensional requirements in the CC
Community Commercial District are specified in the Zoning Schedule,
which is part of this chapter.[1]
[1]
Editor's Note: The Zoning Schedule, Schedule I, is included as an attachment to this chapter.
E.
Special permitted uses. The following uses may be permitted in the CC Community Commercial District consistent with the provisions of Article IX, provided a special use permit is approved by the Planning Board.
(1)
Essential services.
(2)
Motor vehicle service stations and auto repair shops.
(3)
Public and semipublic uses and buildings.
(4)
Car wash establishments.
(5)
Rental of trucks, trailers, etc., associated with gasoline service
stations or other uses.
(6)
Gas stations.
(7)
Restaurants, drive-in.
(8)
Hotel or motel.
A.
Purpose. The purpose of the LI Light Industrial District is to permit
light industrial uses and buildings, including wholesale and warehouse
activities, separate from the more intensive GI General Industrial
uses. Light Industrial Districts are designed to accommodate industrial
operations whose external physical effects are restricted to the area
of the districts and in no manner affect in a detrimental way any
of the surrounding districts.
B.
Permitted principal uses.
(1)
Laboratories engaged in research, testing, and experimental work,
including any process normal to laboratory practice and technique.
(2)
The manufacture, compounding, assembling, and/or treatment of articles
or merchandise from previously prepared materials, provided that no
chemical process is involved in the manufacturing process.
(3)
The manufacture and/or assembly of electronic devices and electrical
appliances, provided that all necessary and approved safeguards are
employed to prevent hazard and annoyance to the community.
(4)
The manufacture and/or assembly of musical instruments, novelties,
toys or related products, business machines, and custom-built boats.
(5)
The manufacture, compounding, processing, and storage of candy and
confections, frozen foods, cosmetics, pharmaceutical products, toiletries,
and food products.
(6)
Warehousing facilities.
(7)
The manufacture of precision tools.
(8)
Machine shops.
(9)
Agribusiness operations.
(10)
Other light industrial uses which, in the opinion of the Board
of Appeals, are similar in nature and scale to those identified herein.
D.
Dimensional requirements. The dimensional requirements in the LI
Light Industrial District are specified in the Zoning Schedule, which
is part of this chapter.[1]
[1]
Editor's Note: The Zoning Schedule, Schedule I, is included as an attachment to this chapter.
E.
Special permitted uses. The following uses may be permitted in the LI Light Industrial District consistent with the provisions of Article IX, provided a special use permit is approved by the Planning Board.
F.
Prohibited activities. No land, building, or premises may be used
in any way which will cause or result in:
(1)
Dissemination of dust, smoke, observable gas or fumes, odor, noise,
vibration, or excessive light beyond the immediate site of the building
or buildings in which such use is conducted.
(2)
Menace to neighboring properties by reason of fire, explosion, or
other physical hazard, including radiation.
(3)
Harmful discharge of waste materials, including refuse and airborne
or waterborne wastes.
(4)
Unusual traffic hazards or congestion.
G.
General provisions.
(1)
All processing of materials, including fabrication, shall occur indoors.
There shall be no outside parking of machinery, equipment, or commercial
vehicles, except during business hours.
(2)
There shall be no outside storage of material (raw, processed or
partially processed, in bulk or packages) except during actual construction
on the site. There shall be no outside stockpiles or storage racks.
(3)
All equipment for the handling of material and processes shall be
enclosed in a suitable building. Equipment as used in this section
includes, but is not limited to, conveyors, elevators, storage silos,
hoppers, storage tanks, and unloading docks.
(4)
All waste, scrap, refuse, empty containers, drums, bottles, and cartons
shall be stored in suitable closed containers.
(5)
Notwithstanding any other provisions, side and rear setbacks adjacent
to any residential district shall be a minimum of 75 feet, of which
20 feet thereof shall be used to create a screened buffer zone. Such
screening shall not be less than four feet in height and may be accomplished
by deciduous and/or evergreen plantings or by a fence of acceptable
design. All such buffers and screenings shall be properly maintained
by the owner or owners of the industrial property.
A.
Purpose. The purpose of the GI General Industrial District is to
provide areas for industrial developments and related land uses of
such character to maintain a well-balanced economic component to the
Village's Comprehensive Planning Program.
B.
Permitted principal uses.
(1)
Warehouse and storage facilities.
(2)
Lumberyards, building materials yards, excluding concrete plants.
(3)
Machine and sheet metal shops, press operations, metal casting, upholstering,
welding, and monument works.
(4)
Construction equipment storage and repair.
(5)
Public buildings and grounds, including storage and repair.
(6)
Public utilities substations and uses, including storage and repair,
power plants and other similar uses.
(7)
Transfer station for recyclable materials.
C.
Permitted accessory uses and structures.
D.
Dimensional requirements. The dimensional requirements for this district
are specified in the Zoning Schedule, which is part of this chapter.[1]
[1]
Editor's Note: The Zoning Schedule, Schedule I, is included as an attachment to this chapter.
E.
Special permitted uses. The following uses may be permitted in the GI General Industrial District consistent with the provisions of Article IX, provided a special use permit is approved by the Planning Board.
A.
Purpose.
(1)
It is the purpose of the LDO Limited Development Overlay District
regulations to provide special controls over land development to protect
the Village's vital environmental features and resources. It is further
designed to guide land use proposals into areas (as defined in the
Village's Comprehensive Plan) where they may best enhance the general
welfare of the community.
(2)
Limited Development Overlay (LDO) District regulations are not intended
to be substituted for other zoning district provisions. The LDO District
is to be superimposed on the primary zoning districts and represent
an additional level of review and regulation related to the protection
of identified vital environmental features within the Village.
(3)
Finally, to the greatest extent possible, where residential development lies within the LDO boundaries, applicants may be required to cluster development away from the identified LDO area. In exchange, the site's determined development density, which otherwise would be allowed by the Planning Board for the overall parcel, may be allowed to be clustered on that portion of the site least affected by the LDO boundary. The exception to this determined development density is the Wellhead Protection Zones I-G and II-G, where the underlying zoning density would be reduced in accordance with Chapter 132, Watershed Regulations, of the Code of the Village of Bloomfield.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Districts. To carry out the foregoing purpose, the Village of Bloomfield
Limited Development Overlay (LDO) District is hereby further divided
into the following three overlay zone districts, which shall be designated
as follows:
C.
Official Maps.
(1)
The locations and boundaries of the LDO District shall be delineated
on the Official Zoning Map and shall be based on:
(a)
The official Freshwater Wetlands Map, as prepared and maintained
by the New York State Department of Environmental Conservation.
(b)
Any federal wetlands designated by the U.S. Fish and Wildlife
Service on any official map, or any area found through investigation
to conform with federal standards for wetlands designation as contained
in "Federal Manual for Identifying and Delineating Jurisdictional
Wetlands," USACOR, EPA, USFWS, USSCS; January 1988.
(c)
The 100-year base flood elevation for any stream or watercourse,
to be determined by engineering studies or other studies, on a site-by-site
basis, as part of any development.
(d)
The Wellhead and Watershed Protection Zones as delineated in Chapter 132, Watershed Regulations, and as further delineated on the Village of Bloomfield Official Zoning Map as Zones I-G, II-G and III-G.
(e)
The Aquifer and Recharge Area Delineation for the Village of
Bloomfield, Ontario County, NY, report prepared by NY Rural Water
Association and dated June 2012.
(2)
Upon application to the Village to conduct a land use activity which
may be regulated by the provisions of this section, the Code Enforcement
Officer shall locate the LDO District boundaries for the land area
involved by using the LDO Overlay Map and the maps referenced above.
Field investigations or other environmental analyses may be required
in order to determine the precise LDO boundary line for a specific
site.
(3)
Watershed inspector.
(a)
Any application for an LDO permit affecting land lying within
any portion(s) of the three mapped Wellhead and Watershed Protection
Zones that comprise the Village of Bloomfield Wellhead and Watershed
Protection Area shall be referred to the Village Watershed Inspector
for an advisory report. The three Wellhead and Watershed Protection
Zones established elsewhere in the Village of Bloomfield Watershed
Regulations under § 1100 of the Public Health Law are further
delineated on the Official Zoning Map and include:
(b)
The Watershed Inspector shall have up to 10 business days upon receipt of an application from the Code Enforcement Officer (CEO) to complete the review of said application and to submit an advisory report. The advisory report shall address the standards and criteria contained in Chapter 132, Watershed Regulations. If no report is received from the Watershed Inspector within the above-specified time frame, the CEO may assume there is no objection or concern with the project and proceed with issuing the LDO permit in further accordance with the provisions of this article.
(4)
In instances where application to the Village to conduct a land use
activity which may first be regulated by the provisions under Section
404 of the Federal Clean Water Act,[1] and which involves a site that has not been mapped as
an LDO District on the Official Zoning Map, the CEO shall require
documentation from the applicant that the requirements of said Clean
Water Act have first been satisfied.
[1]
Editor's Note: See 33 U.S.C. § 1344.
D.
Interpretation of LDO District boundaries.
(1)
The Code Enforcement Officer shall be responsible for interpreting the LDO District boundary based on: the LDO District on the Official Zoning Map; comparison to the Official Maps cited in Subsection C above; engineering analysis documentation from the U.S. Army Corps of Engineers; or a site inspection. The Code Enforcement Officer may request the assistance of the Village Engineer, Watershed Inspector, or other appropriate official in making a determination. Anyone aggrieved by this LDO boundary interpretation may make an appeal to the Zoning Board of Appeals.
(2)
Where the LDO District boundary has been established, the requirements
of the LDO shall be met in addition to any requirements specified
for development in the respective primary district.
E.
Permit application procedures.
(1)
Limited Development Overlay (LDO) permit. An LDO permit shall be
required prior to the commencement of any regulated activity or the
issuance of a building permit for development in any LDO area within
the Village of Bloomfield.
(2)
Application for permit. Applications for LDO permits shall be made
in writing to the Code Enforcement Officer on forms provided by the
Village. Such an application shall be made by the property owner or
his/her agent and shall be accompanied by any materials or information
deemed appropriate by the Code Enforcement Officer, Watershed Inspector,
or Village Engineer, including, but not limited to, a scaled site
plan as may be further required in the underlying zone district regulations,
prepared and certified by a licensed engineer or land surveyor, that
contains the following minimum information:
(a)
A location plan and boundary line survey of the property.
(b)
The location of all limited development overlay areas.
(c)
The location of all existing and proposed buildings, structures,
utility lines, sewer and water service, and on-site drainage facilities
within 100 feet of the proposed work site.
(d)
The location of all existing and proposed impervious surfaces
such as driveways, sidewalks, etc., on the property or within 100
feet of the proposed work site.
(e)
The location of existing and proposed drainage patterns on the
site.
F.
General exceptions. The following activities are exempt from the
permit procedures of this section, subject to a determination by the
Code Enforcement Officer that such activities involve necessary normal
maintenance and upkeep of property, and are clearly incidental to
the primary use on the property and involve or improve public health,
safety, or emergency situations:
(1)
Lawn care and maintenance.
(2)
Gardening activities.
(3)
Tree and shrub care and maintenance.
(4)
Removal of dead or deteriorated vegetation.
(5)
Removal of structures.
(6)
Repair and maintenance of structures.
(7)
Repair and maintenance of faulty or deteriorated sewage facilities
or utility lines.
(8)
Reconstruction of structures damaged by a natural disaster.
(9)
Agricultural activities, including structural activities and other activities as may be further regulated in Chapter 132, Watershed Regulations.
(10)
Public health activities, orders, and regulations of the New
York State Department of Health or other agency, in compliance with
§ 24-0701, Subdivision 5, of the New York State Environmental
Conservation Law.
(11)
Activities subject to the review jurisdiction of the New York
State Public Service Commission or the New York State Board of Electric
Generation Siting and the Environment, under the provisions of Article
7 or Article 8 of the New York State Public Service Law, respectively.
(12)
Any actual or ongoing emergency activity which is immediately
necessary for the protection and preservation of life, property, or
natural resources.
G.
Permit fee. Each application for an LDO permit shall be accompanied
by the appropriate application fee as determined by the Village Board.
This fee shall be in addition to any other fees required for development
by the Village of Bloomfield.
H.
Permit review.
(1)
The Code Enforcement Officer (CEO) shall refer a completed permit
application to the Planning Board for its review and recommendations.
The Planning Board shall have 30 days from the date of its receipt
of a completed application in which to review such application and
report its recommendations to the CEO. Should the Planning Board fail
to report or make a recommendation to the CEO regarding the application
within the thirty-day time period, the CEO may take action on the
permit application without such report.
(2)
The CEO shall have the authority to grant or deny an LDO permit,
subject to the standards, criteria, and other regulations contained
in this chapter. The CEO shall consider the comments of the Planning
Board and may also request a report from the Village Engineer or other
appropriate agency in acting on such permit applications.
(3)
Any zoning permit issued by the CEO in accordance with the provisions
of this section may be issued with conditions. Such conditions may
be attached as are deemed necessary to ensure the preservation and
protection of environmentally sensitive areas and to ensure compliance
with the policies and provisions of this section. Every permit issued
pursuant to this section shall contain the following conditions:
(a)
The CEO, Watershed Inspector, Village Engineer, and/or other
appropriate official shall have the right to inspect the project from
time to time.
(b)
The LDO permit shall expire six months from date of issue.
(c)
The permit holder shall notify the CEO or other appropriate
official of the date on which project construction is to begin, at
least five days in advance of such date.
(d)
The LDO permit shall be prominently displayed at the project
site during the undertaking of the activities authorized by the permit.
(4)
Appeals from decisions of the CEO regarding the granting or denying
of any LDO permit, or the conditions for approval of such a permit,
shall be made to the Zoning Board of Appeals.
I.
Standards. Each application for an LDO permit shall be evaluated
by the Planning Board for its consistency with the intent of these
overlay regulations and the following standards:
(1)
Where the proposed action involves land(s) lying within the determined
100-year-floodplain boundary, no LDO permit shall be issued if:
(a)
The plan (drawing) does not delineate the boundary of the floodplain
area; does not identify the elevation of the calculated floodplain;
and does not contain a note on the map, identifying the source for
determining said information.
(b)
The plan (drawing) shows any structure, including fences, lying
within the delineated floodplain boundary, unless a variance has been
granted by the Zoning Board of Appeals and is so noted on the plan.
(c)
The Village Engineer is not satisfied with the on-site drainage
solutions, or the calculated rate of site runoff after development
is not equal to the rate of site runoff before development.
(2)
Where the proposed action involves land(s) lying within a delineated
State Department of Environmental Conservation (DEC) freshwater wetland,
no LDO permit shall be issued unless a permit is issued by the DEC
regional office pursuant to Article 24 of the New York State Environmental
Conservation Law (ECL).
(3)
Where the proposed action involves land(s) lying within Zones I-G
and II-G of the Village's Wellhead and Watershed Protection Area,
no LDO permit shall be issued unless:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
No automotive service stations, truck terminals, or public garages
shall be permitted within the Wellhead and Watershed Protection Overlay
Area.
J.
Requirement for letter of credit. Following approval of an application
for an LDO permit involving land(s): possessing a freshwater wetland;
a 100-year floodplain; or Zone I-G or II-G of the delineated Village
of Bloomfield Wellhead and Watershed Protection Area, and prior to
the issuance of any building or other Village permit, the applicant
shall furnish the Village Board with an irrevocable letter of credit,
cash, certified check, or performance bond in an amount to be reviewed
by the Village Engineer, and sufficient to cover the costs of compliance
with the various specifications and conditions of the development
permit. The purpose of the financial security shall be to ensure that
all items, activities, or structures specified in the plans approved
by the Code Enforcement Officer (CEO) are constructed or carried out
in accordance with such plans and specifications and other appropriate
requirements of the Village of Bloomfield. The financial security
shall continue in full force and effect until such time as the CEO
has certified that, based on a site inspection, all specifications,
requirements, and permit conditions have been completed and/or complied
with, whereupon the financial security shall be released to the applicant.
The CEO, upon recommendation of the Village Engineer or other appropriate
department or official, may deduct or withhold an amount from the
financial security sufficient to cover the cost of noncompliance with
any requirements, specifications, or permit conditions.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
K.
Suspension or revocation of permits. The CEO may temporarily suspend
a permit until such time as the Village Board reviews the suspension.
The Village Board, upon recommendation of the CEO, may suspend or
revoke a zoning permit issued in accordance with the provisions of
this section where it has found evidence that the applicant has not
complied with any or all terms or conditions of such permit, has exceeded
the authority granted in the permit, or has failed to undertake the
project in the manner set forth in the application. The Village Board
shall have 30 days from notification by the CEO to set forth, in writing,
its findings and reasons for revoking or suspending a permit issued
pursuant to this section and shall forward a copy of said findings
to the applicant.
A.
Purpose.
(1)
It is the purpose of the HDO regulations to provide special controls
over land development to protect the Village's historic and architectural
character of structures within the established Village of Bloomfield
Historic District. These regulations are not intended for the designation
of historic landmarks within the Village's Historic District.
(2)
Historic District Overlay (HDO) District regulations are not intended
to be substituted for other zoning district provisions. The overlay
district is to be superimposed on the primary zoning districts and
represents an additional level of review and regulation to prevent
the impairment of or injury to the historical architecture and established
cultural value of the Historic District to the community.
(3)
Finally, to the greatest extent possible, these regulations provide
a reasonable degree of control over the exterior alteration of structures,
either existing or proposed, within the Historic District.
B.
District. To carry out the foregoing purpose, the Village of Bloomfield
Historic District Overlay is hereby established and is based on the
historic district map adopted by the Village of East Bloomfield and
dated March 1, 1988, and individual historic sites as designated by
the New York State Office of Parks, Recreation and Historic Preservation
(NYSOPRHP).
C.
Official Map. Upon application to the Village to conduct a land use
activity which may be further regulated by the provisions of this
section, the Code Enforcement Officer shall locate the HDO boundaries
for the land area involved by using the HDO map and the Village of
East Bloomfield Historic District Map dated March 1, 1988, or individual
historic sites as designated by the New York State Office of Parks,
Recreation and Historic Preservation (NYSOPRHP). Field investigations
or other environmental analyses may be required in order to determine
the precise HDO boundary line.
D.
Interpretation of HDO boundaries.
(1)
The Code Enforcement Officer shall be responsible for interpreting the HDO boundary based on the HDO District on the Official Zoning Map; comparison to the Official Maps cited in Subsection C above; or a site inspection. The Code Enforcement Officer may request the assistance of another appropriate official in making a determination. Anyone aggrieved by this HDO boundary interpretation may make an appeal to the Village Board.
(2)
Where the HDO boundary has been established, the requirements of
the HDO shall be met, in addition to any requirements specified for
development in the respective primary district.
E.
Permit application procedures.
(1)
Historic. District Overlay (HDO) permit:
(a)
Any owner of a structure within the HDO District who desires
to repair the exterior of an existing building or structure has the
right to repair with the same material without an HDO permit. The
Planning Board shall have no control over interior changes in any
building or structure as long as no evidence of such changes appear
on the exterior.
(b)
Substantial change in the exterior design or appearance of a
structure or new construction in the HDO District shall require an
HDO permit. All applications for such an HDO permit shall be reviewed
and decided upon by the Planning Board.
(c)
All applications shall be sufficiently detailed to show that
proposed changes, additions, removals, or new construction will be
in harmony with the existing structure or district.
(d)
Owners desiring to make alterations to existing structures within
a designated HDO District shall design such alterations only in a
manner consistent with the exterior style of the structure and the
design, scale, fenestration, trim, manner, and materials of construction.
(e)
New development within the HDO District shall harmonize with
the general character of the entire designated district. Notwithstanding
the above, no new structure shall be required to be a copy of any
particular style or architectural period.
(f)
Nothing herein contained shall be construed to require the owner
of any presently existing structure within a designated district,
which is otherwise maintained in conformity with the law, to make
any change in the exterior design or appearance of such structure,
nor shall it be construed to prohibit the use of modern materials,
techniques, or methods of construction in the erection of new structures.
(g)
Owners who desire to demolish a designated structure or a structure
in a designated district shall obtain an HDO permit from the Planning
Board. After the granting of such an HDO permit, a period of 120 days
must elapse before a demolition permit can be issued. Anyone who desires
to save the structure by suitable means may have this time to determine
a fair price by appraisal and to locate a purchaser who will agree
not to raze the structure.
(h)
Consideration of tax abatement or reduction in assessment may
be recommended to the Village Board and used to promote preservation
when justified in the opinion of the Planning Board.
(2)
Application for permit. Applications for HDO permits shall be made,
in writing, to the Code Enforcement Officer on forms provided by the
Village. Such an application shall be made by the property owner or
his/her agent and shall be accompanied by any materials or information
deemed appropriate by the Code Enforcement Officer, including, but
not limited to, a scaled site plan as may be further required in the
underlying zone district regulations, prepared and certified by a
licensed engineer or land surveyor, that contains the following minimum
additional information:
F.
Permit fee. Each application for an HDO permit shall be accompanied
by the appropriate application fee as determined by the Village Board.
This fee shall be in addition to any other fees required for development
by the Village of Bloomfield.
G.
Permit review.
(1)
The Code Enforcement Officer shall refer a completed permit application
to the Planning Board for its review and recommendations. The Planning
Board shall have 45 days from the date of its receipt of a completed
application in which to review such application and report its recommendations
to the Code Enforcement Officer. Should the Planning Board fail to
report or make a recommendation to the Code Enforcement Officer (CEO)
regarding the application within the forty-five-day time period, the
CEO may take action on the permit application without such report.
(2)
The CEO shall have the authority to grant or deny an HDO permit,
subject to the standards, criteria and other regulations contained
in this chapter. The CEO shall consider the comments of the Planning
Board and may also request a report from the Village Engineer or other
appropriate agency in acting on such permit applications.
(3)
Appeals from decisions of the CEO regarding the granting or denying
of any HDO permit, or the conditions for approval of such a permit,
shall be made to the Zoning Board of Appeals.
(4)
Any zoning permit issued by the CEO in accordance with the provisions
of this section may be issued with conditions. Such conditions may
be attached as are deemed necessary to ensure the preservation and
protection of the Historic District and to ensure compliance with
the policies and provisions of the section. Every permit issued pursuant
to this section shall contain the following conditions:
(a)
The CEO, Village Engineer, and/or other appropriate official
shall have the right to inspect the project from time to time.
(b)
The HDO permit shall expire six months from date of issue.
(c)
The permit holder shall notify the CEO or other appropriate
official of the date on which project construction is to begin, at
least five days in advance of such date.
(d)
The HDO permit shall be prominently displayed at the project
site during the undertaking of the activities authorized by the permit.
H.
Maintenance and repair required.
(1)
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
structure in the HDO District which does not involve a change in design
or outside appearance. Appearance, in this instance, does not include
a change in the color of the exterior paint.
(2)
No owner or person with an interest in real property located within
the HDO District shall permit the property to fall into a serious
state of disrepair so as to result in the deterioration of any exterior
architectural feature which, in the judgment of the Planning Board,
would produce a detrimental effect upon the character of the Historic
District as a whole or the property itself. "Deterioration," in this
instance, shall mean the decline in the quality of the property's
architectural features to that state or level where it becomes necessary
for the Village to take action to cause the correction of these deteriorated
features in the interests of overall property maintenance. Examples
of such deterioration include, but are not limited to, the following:
(a)
Deterioration (cracking, crumbling, or rotting away) of exterior
walls or other vertical supports;
(b)
Deterioration of roofs or other horizontal members;
(c)
Deterioration of exterior chimneys;
(d)
Deterioration of exterior stucco or mortar;
(e)
Ineffective waterproofing of exterior walls, roofs, or foundations,
including broken windows or doors; and
(f)
Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that demolition is necessary for the
public safety.
A.
Purpose.
(1)
It is the purpose of the Mixed Development Overlay (MDO) District
to permit the mixing of certain nonresidential uses on individual
properties with residential uses, and to provide special land use
controls to ensure the orderly development of such sites. These regulations
are intended to:
(a)
Enable the mixed use of a principal structure on a parcel of
land located only within the CC Community Commercial or the RB-1 Restricted
Business Districts; and
(b)
Establish standards designed to minimize land use conflicts
resulting from a mix of uses located within a structure on a single
parcel of land.
(2)
Mixed Development Overlay District regulations are not intended to
be substituted for other zoning district provisions. The overlay district
is to be superimposed on sites within the CC Community Commercial
and RB-1 Restricted Business Districts. These MDO District regulations
are designed to protect the health, safety, and welfare of the community.
B.
MDO mixed uses limitations. Sites within the MDO District shall be
subject further to the following use limitations:
(1)
All uses first permitted in either the CC Community Commercial or
RB-1 Restricted Business Districts shall be permitted only in the
ground-floor portion of a principal building.
(2)
In no event shall the residential portion of a mixed use building
be used to gain access to the nonresidential portion.
(3)
Residential and nonresidential uses may be combined in a principal
building, but no such building shall house more than three dwelling
units.
(4)
The minimum floor area for each dwelling unit shall be the same as
that established elsewhere in this chapter for the MR Multiple Residence
District.
(5)
Off-street parking for each of the respective uses being requested
shall be provided in accordance with the minimum standards as set
forth in Zoning Schedule II.[1]
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
(6)
All MDO uses shall also comply with the requirements set forth elsewhere
in the New York State Fire Prevention and Uniform Code.
C.
MDO District mapping requirements. To carry out the foregoing purposes, the locations and boundaries of the MDO Mixed Use Overlay District shall be delineated on the Official Zoning Map and located within a mapped CC Community Commercial or RB-1 Restricted Business District. All MDO mapping shall comply with the regulations contained in § 135-32 of this chapter and those further specified in § 135-72D below.
D.
Procedures for MDO District mapping. The procedures for amending the Official Zoning Map as set forth in § 135-8 of this chapter shall be supplemented as follows:
(1)
A petition to establish an MDO District designation shall be made
to the Village Board by filing an application for rezoning with the
Village Clerk/Treasurer. Such application shall include a concept
site plan and a completed environmental assessment form (EAF). The
Village Clerk/Treasurer shall, after the Village Board officially
receives the application, refer the request to the Village Planning
Board.
(2)
Prior to the Village Board taking action to hear the petition, the
applicant shall first meet with the Planning Board to discuss the
proposal and any site design concerns. At this meeting, the applicant
shall describe how the proposed MDO rezoning would be integrated into
the underlying zone district. In addition, the applicant shall identify
how the MDO proposal would impact neighboring land uses, any site
development constraints, the availability of utilities, access to
public streets and the adequacy of off-street parking. The applicant
shall prepare a concept plan of the site proposed for the MDO Overlay
rezoning. Said concept plan shall include the following information:
(a)
The delineation of the parcel boundary, all buildings or structures
on the parcel, driveway or access point(s), the off-street parking
areas for both the residential and nonresidential uses, walkways,
dumpsters (if any), signage (both existing and proposed), and landscaping.
(b)
The on-site connections to public water service, sewer service,
and storm sewer service (if available). Where storm sewer service
is not available, the plan shall indicate the method proposed for
on-site drainage control.
(c)
Identification of any covenants, grants of easements, or other
deed restrictions proposed to be imposed upon the use of the land,
buildings, or structures, including proposed easements for public
utilities and drainage.
(d)
A floor plan for the proposed mixed-use building, identifying
the residential and nonresidential portions, the separate entrances
for each use, and any other matters that may be required by the New
York State Uniform Code or Electrical Code.
(e)
A written description of the proposed site's relationship to
existing land use and zoning within 200 feet; the identification of
any vacant parcels within the area; and the character of the neighborhood.
(f)
A written statement by the applicant identifying the reason(s)
why the overlay zoning is necessary and how it would complement the
Village's Comprehensive Plan.
(g)
Any other information or documentation which the applicant deems
necessary to identify the nonresidential use and the residential use
being proposed.
(3)
Within 45 days of the receipt of the application and supporting documents,
the Planning Board shall render an advisory report to the Village
Board on the requested MDO zoning.
(a)
A favorable report from the Planning Board shall be based on
the following findings, which shall be included as part of the report:
[1]
The proposal implements the goals and policies of the Village
of Bloomfield Comprehensive Plan.
[2]
The concept plan meets all of the requirements of this chapter.
[3]
The proposal is conceptually sound, in that it meets a community
need and conforms to accepted design standards.
[4]
Adequate public water and sewer services and utilities are available,
or proposed to be made available, in order to properly serve the proposed
mixed-use development.
(b)
An unfavorable report shall state clearly the reasons therefor
and, if appropriate, point out to the applicant the conditions under
which a favorable report may be issued.
(4)
Upon receipt of a report from the Planning Board, the Village Board
shall consider the application for the establishment of the Mixed
Development Overlay (MDO) District.
(5)
If the Village Board agrees to consider the petition for overlay
districting, it shall complete the necessary SEQR documentation and
conduct a public hearing on the petition and the environmental record.
(6)
Should the Village Board approve of the requested MDO Overlay Zone,
the Official Zoning Map shall be so amended. Each overlay zone amendment
shall document, as part of the record, the residential and nonresidential
mixed-development uses permitted by said legislative action.
(7)
All Mixed Development Overlay (MDO) District sites shall be subject
to site plan approval by the Planning Board and compliance with the
dimensional requirements for the respective underlying zone as set
forth in Schedules I and II of this chapter.[2]
[2]
Editor's Note: Said Schedules are included as attachments to this chapter.
A.
Purpose. The purpose of the Village Center (VC) District is to support
the goals, objectives, and policies adopted as part of the 1998 Comprehensive
Plan. More specifically, the VC District is intended to encourage
the development of a small-scale, mixed-use area providing convenient
shopping and services that cater to the community. New development
shall be consistent with the walkable and historic character of the
district. In order to accomplish this, the VC District regulates the
location, design and use of structures and land to create a dense
concentration of activity, including amenities that create a comfortable
environment for visitors traveling on foot, by bicycle, or by motor
vehicle.
B.
Permitted uses. The following uses are permitted within the VC District
when conducted entirely within an enclosed building:
(1)
Retail and other related uses, including but not limited to the sale
of groceries, pharmaceuticals, auto parts, flowers and plants, and
spirits and wine.
(2)
Personal services and other related uses, including but not limited
to laundromats, beauty parlors, financial institutions, repair shops
(other than auto repair), and fitness centers.
(3)
Dry-cleaning establishments or pickup stations dealing directly with
consumers. Central dry-cleaning plants serving more than one retail
outlet are prohibited.
(4)
Professional services and offices, including medical offices and
clinics.
(5)
Sit-down restaurants, excluding drive-in and drive-through restaurants.
(6)
Pet grooming.
(7)
Artisan and craftsman studio in conjunction with a retail operation.
(8)
Dance, art, and music studio.
(9)
Theater.
C.
Special permitted uses.
(5)
Drive-through facilities in conjunction with a permitted use. Stand-alone drive-through facilities are prohibited. Refer to § 135-95 of this chapter.
(7)
Residential uses in conjunction with a permitted use or a specially permitted use. Refer to § 135-96 of this chapter.
D.
Lot size and setbacks.
(2)
No minimum front setback is required. The maximum front setback shall
be five feet from the public right-of-way. Relief from this provision
may be provided for pedestrian amenities such as recessed entries
or chamfered corners.
(3)
No minimum side setback is required. Buildings should be built to
occupy the full width of properties within the district along the
street frontage. Exceptions are permitted to allow access drives to
rear parking areas.
(4)
The minimum rear setback shall be five feet.
(5)
Where a property abuts a boundary with another zoning district, the
minimum setback from the boundary line shall be 15 feet.
E.
Building design.
(1)
New construction shall be or appear to be two stories in height.
(3)
Entry points shall be located to afford direct access from the sidewalk.
Corner buildings may have two separate entry points or a single entry
point at the corner.
(4)
Drive-through facilities shall be placed to the rear of the building.
(5)
Facade arrangement shall include proportions and architectural elements
reflecting the pre-World War II architectural traditions of Bloomfield
and the surrounding region. Photos of other historic buildings and
evidence of the historic nature of the elements used shall be provided
as a basis for the facade design.
(6)
Facades wider than 40 feet and facing a right-of-way shall be divided
into bays or smaller increments to reflect the scale of the historic
buildings within the business district.
(7)
If a building faces more than one right-of-way, all of the facades
which face a public street shall be architecturally consistent with
each other in building materials, window size and style, trim, etc.
(8)
On all facades facing a right-of-way, a visual separation shall be
provided between the first and second stories of the building. This
element may consist of decorative trim, awnings, or a change of material
that creates added relief in order to add a shadow line that delineates
the end of the first story. In the case of a building with a steep
gable roof and dormers, the eave may satisfy this requirement.
(9)
The upper floor shall incorporate transparent glass openings. If
no such upper floor exists:
(10)
Opaque or heavily tinted glass is not permitted.
(11)
Existing windows shall not be covered up or changed in size
unless the proposed change is part of an effort to restore the original
appearance of the building.
(12)
No external security devices (coiling shutters, accordion gates,
etc.) shall be utilized. Alternative security systems such as lighting,
alarms, and interior barriers are to be used when necessary.
F.
Architectural details.
(1)
Materials.
(a)
All new construction or remodeling that is visible from the
public right-of-way shall utilize materials that appear to be smaller
in scale, such as brick or clapboard. Larger scale materials, such
as concrete block, shall be limited to the rear of the building.
(b)
Brick selected for new construction or renovation shall reflect
the pre-World War II architectural traditions of Bloomfield and the
surrounding region.
(c)
Vertical siding is permissible if it reflects the pre-World
War II architectural traditions of Bloomfield and the surrounding
region.
(d)
All wood shall be finished using either stain or paint. All
metal shall be colored; clear-coated aluminum or stainless steel is
not permitted.
(2)
Doors, windows, and awnings.
(a)
Doors should allow visual access to the interior of the building.
If the door is solid, it shall be multipanel. All doors shall be painted
or stained to accent the building.
(b)
Multipane glass or the appearance of multipane glass shall be
used to break up larger windows.
(c)
The pedestrian zone shall allow visual access a minimum of three
feet to the interior of the building. Displays that do not completely
obstruct the visual access into the building shall be permitted. Window
treatments such as curtains or blinds shall be permitted.
(d)
If awnings are placed on a facade, they shall be consistent
with the shape of the window that they are located over. For example,
an awning placed over an arched window shall be arched and an awning
placed over a rectangular window shall be a flat-topped awning.
(e)
Awnings shall have a triangular or curved profile.
(f)
Awnings may not be backlit.
(3)
Colors. Exterior colors shall be consistent with historic traditions
of the Village and region. Colors that are garish, iridescent, or
fluorescent are prohibited.
G.
Parking. The following requirements are intended to augment the existing parking regulations outlined in Article X. In cases where there are conflicting requirements, this section shall take precedence.
(1)
The required minimum number of parking spaces to be provided for
each use in the Village Center District is specified in Schedule II.[1]
[1]
Editor's Note: Schedule II, Off-Street Parking Spaces Required, is included as an attachment to this chapter.
(2)
No use shall provide more than 33% in excess of the requirements listed in Schedule II, except through the approval of a special use permit, as provided for in § 135-99 of this chapter.
(3)
Property owners are encouraged to work cooperatively to develop shared
parking where possible.
(a)
The Planning Board shall review such shared parking areas to
determine the appropriate number of spaces to be provided. The required
number of spaces may be reduced from the total which would be required
if the uses were considered individually, if it can be shown that
adequate parking would still be provided (e.g., if the uses sharing
the spaces will not be utilizing them at the same time).
(b)
Projects that cross parcel boundary lines shall have an access
management plan, including, but not limited to, cross-access easements
for pedestrian and vehicular traffic.
(4)
Parking shall be placed behind the rear building line of the principal
building, and no parking shall be closer than 20 feet to any right-of-way.
For these purposes, in the case of a corner building constructed within
five feet of both rights-of-way, each side opposite the respective
right-of-way shall be considered a rear of the building.
(5)
Parking shall be buffered from residential properties utilizing landscaping,
which can include fencing and other forms of hardscape no greater
than six feet in height.
(6)
Up to two commercial vehicles, which are directly related to the
business, may be parked behind the building.
(7)
Parking lots shall be paved or otherwise covered with a hard-surfaced,
all-weather, dust-free material. Parking lots must be well-drained
and shall not shed runoff to adjacent properties.
I.
Administration.
(1)
Site plan review is required prior to the issuance of a building
permit within the Village Center District. The Village Planning Board
shall be responsible for the review of these items as part of the
site plan review process.
(2)
Relief from these provisions may only be granted by the Zoning Board of Appeals, except as otherwise provided in § 135-16 of this chapter.
(3)
If development of a parcel or parcels is to be phased, a whole-development
build-out plan, detailing all phases of the project, is required as
part of the application for site plan review.
(4)
The Village reserves the right to retain an architect and engineer, or any other professional, to assist with the implementation of these guidelines and standards during site plan review. The cost incurred by the Village for these services shall be paid for by the applicant, as provided for in § 135-145B. These fees will be added to the standard site plan review fees.
(5)
In order to complete the review, a color rendering and samples or
descriptions of the materials to be used are required by applicants.
(6)
The demolition of any structure within the VC District is considered
an unlisted action under SEQR. Site plan approval of a proposed redevelopment
plan for the property must be obtained prior to the issuance of a
demolition permit. Relief from this provision may be granted by the
Village Board of Trustees if the structure is deemed to be a safety
hazard by the Code Enforcement Officer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
