The uses specified in this article are hereby declared to possess unique characteristics requiring that each proposal for any such use shall be considered by the Planning Board as an individual case. Upon application complying with the requirements of Article IV, special use permits may be approved by the Planning Board and issued by the Code Enforcement Officer (CEO) in accordance with the administrative procedures set forth in Article IV and only after it has found that each and all of the following standards have been met:
A.
The proposed special use is consistent with the general intent of
the Village's Comprehensive Plan and with each of the specific purposes
set forth in this chapter.
B.
The location, size, and use of the structures involved, nature and
intensity of the operations involved, and size and layout of the site
in relation to the proposed special use are such that it will be compatible
with the orderly development of the use district.
C.
The operation of the proposed special use is no more objectionable
to the uses of nearby properties, by reason of traffic and safety;
dust or smoke emission; noise; odors; fumes; pollution of air or water,
including subsurface waters; unsightliness; or similar conditions
than would be the operation of any permitted use.
D.
The proposed special use satisfies each and all standards and conditions
specified for such special use by the relevant provisions of this
article.
E.
The Planning Board may impose additional conditions or restrictions
as it may deem necessary prior to approving any special use permit
application in order to protect public health and safety, the quality
of the Village's natural resource base, and the value of property.
The CEO shall make an on-site visit to each property authorized as
a special use not less than one time each year. The purpose of said
site visit is to ensure that the use is being operated in accord with
the conditions specified by the Planning Board. If the CEO shall determine
that a violation of this chapter or the conditions imposed by the
Planning Board exists, the certificate of occupancy and/or certificate
of compliance shall be null and void. A new special use permit application
shall be required to be submitted and approved prior to the reestablishment
of said use.
F.
No site preparation or construction shall commence nor shall existing
structures be occupied for any special permit use until final site
plan approval has been granted by the Planning Board and permits have
been issued by all governmental agencies involved.
A.
Essential services as defined in § 135-75 herein may be allowed as a special permit use in any zone district upon the approval of a special use permit by the Planning Board.
B.
The Planning Board shall determine the following, prior to approving
a special use permit:
(1)
The proposed installation in a specific location is necessary and
convenient for the efficiency of the essential service or the satisfactory
and convenient provision of service to the area in which the particular
use is located.
(2)
The design of any building in connection with such facility shall
conform to the general character of the area and will not adversely
affect the safe and comfortable enjoyment of property rights in the
district in which it is to be located.
(3)
Adequate and attractive fences and other safety devices will be provided.
(4)
A buffer strip not less than 15 feet in width shall be provided around
the perimeter of the property proposed for such use.
(5)
Adequate off-street parking shall be provided.
(6)
All other applicable requirements of this chapter shall be met.
The Planning Board may approve a special use permit for motor
vehicle service stations and auto repair shops in the CC Community
Commercial District, provided that the following standards and conditions
are maintained:
A.
In addition to the information required in the special use permit application and enumerated in § 135-76 herein, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, and the number and location of fuel pumps to be installed.
B.
Such uses shall be screened from adjacent uses by a buffer area not
less than 10 feet in width, composed of densely planted evergreen
shrubbery, solid fencing, or a combination of both, which, in the
opinion of the Planning Board, will be adequate to prevent the transmission
of headlight glare across the district boundary line. The Planning
Board shall determine on an individual-case basis how close to the
right-of-way the landscaped buffer shall be required to be installed.
Such buffer screen shall have a minimum height of six feet above the
ground. If said shrubbery and/or fencing becomes decayed and fails
to provide an adequate screen, the CEO shall direct the property owner
to replace said shrubs and/or fencing.
C.
The entire area of the site traveled by motor vehicles shall be hard-surfaced.
D.
All repairs of motor vehicles, except for minor servicing, shall
be performed in a fully enclosed building. No motor vehicle parts
or partially dismantled motor vehicles shall be stored outside of
an enclosed building.
E.
Motor vehicle service stations may include facilities for the sale
of food, household items, and convenience merchandise, provided that
the sale of such items takes place entirely within an enclosed building.
F.
No commercial parking (fee-based parking) shall be allowed on the
premises of a motor vehicle service station or auto repair shop.
G.
Accessory goods for sale may be displayed on the pump island and
the building island only. The outdoor display of oil cans and/or antifreeze
and similar products may be displayed on the respective island if
provided for in a suitable stand or rack.
H.
No building or structure, including gasoline pumps or automotive
service appliances, shall be erected within 40 feet of any street
line.
I.
No motor vehicle service station or auto repair shop may display
more than four unregistered vehicles for sale or repair outside of
an enclosed building at any one time.
J.
No motor vehicle service station or auto repair shop shall have more
than two driveways on any public street fronting the site. The driveway
width on any street shall not exceed 1/3 of the total site frontage
on each street.
K.
No driveway shall be closer than 50 feet to the intersection of two
street corner lot lines, or within 20 feet of an adjacent lot line.
L.
No motor vehicle service station or auto repair shop, and no driveway
to any such use, shall be established within 200 feet of the boundary
line of any residential district, or of any school, church, park,
playground, public library, or any place of public assembly designed
for the simultaneous use of 100 persons or more, regardless of the
district where the subject premises are located. For the purposes
of this section, the distance shall be measured along the street line
on the side of the street where such use is proposed or such driveway
would cross.
M.
No motor vehicle service station, no outdoor gasoline or oil pump,
and no automotive service appliance shall be established on a lot
that is within 1,000 feet of another lot on which there is an existing
motor vehicle service station or outdoor gasoline or oil pump or other
automotive service establishment; or of another lot for which a building
permit has been issued for the erection of a motor vehicle service
establishment. Such 1,000 feet shall be measured along the same street
frontage as the lot containing the existing or permitted motor vehicle
service establishment.
The Planning Board may approve a special use permit for public
and semipublic uses of an institutional, health, educational, recreational,
religious, or cultural nature in any zoning district, provided that
the following standards and provisions are maintained:
A.
A statement setting forth the details of the operation of the use.
B.
The applicant shall provide the Planning Board with evidence of approval,
certificate of need, license, or other similar document required to
initiate or expand such a use from any and all appropriate regulating
agencies.
D.
The proposed use shall meet the minimum off-street parking and loading
and unloading requirements of this chapter as well as provisions for
landscaping, buffering, signs, and accessways.
E.
The Planning Board, in considering the request for a special use
permit, may impose conditions it deems necessary to protect the health,
safety, and welfare of the Village.
The Planning Board may approve a special use permit for townhouse
clusters or developments in the R-1-20, R-1-15, and MR Residential
Districts, provided that the following standards and provisions are
maintained:
A.
General requirements. No site preparation or construction shall commence,
nor shall existing structures be occupied, until final site plan approval
has been granted by the Planning Board and permits have been issued
by all governmental agencies involved. The following general requirements
and standards shall govern the review and approval of site plans for
townhouse clusters or developments:
(1)
Each townhouse dwelling unit shall be located, constructed, and served
by public facilities and services and utilities in such fashion that
each dwelling unit may be sold individually.
(2)
Each individual dwelling unit in a townhouse cluster shall be separated
from other such dwelling units by a fire wall. Such fire wall shall
be of masonry construction, shall extend from the foundation to the
roof, and shall be unpierced.
(3)
Natural features, including streams, drainageways, and existing trees,
shall be preserved and incorporated in the landscaping of the development.
(4)
All utility lines which provide electric, gas, telephone, television,
or other similar services shall be installed underground. Surface-mounted
equipment shall be located in a manner so as to minimize potential
conflict with other uses and activities.
(5)
Plans submitted for townhouse developments shall identify areas proposed
for dedication to the Village, areas to be held in common ownership,
and property to be owned by individuals.
(6)
Common property shall, except when accepted by the Village Board
for dedication, be privately owned. Where property is to remain in
common ownership, the developer shall provide for and establish an
organization for the ownership and maintenance of such common property.
Rules and regulations proposed to govern the operation and maintenance
of all common property shall be submitted for review and approval
by the Village Board. Common property shall not be changed from its
status or use as common property without specific authorization of
the Village Board. In reviewing proposals for the establishment of
organizations to govern the ownership and maintenance of any common
property, the Village Board shall consider and determine the adequacy
of:
(a)
The timetable for the creation of the organization.
(b)
The requirements for membership in the organization by residents.
(c)
The safeguards to ensure the continuance of the common property
as common property.
(d)
The liability of the organization for insurance, taxes, and
maintenance of all facilities.
(e)
The provision for pro rata sharing of costs and assessments.
(f)
The financial capacity of the organization to maintain and administer
common facilities.
(g)
The proposed relationship between the developer and the organization,
and the plan to turn over the responsibility for the maintenance and
administration of common facilities to the organization.
B.
Minimum standards for townhouse clusters or developments.
(1)
Area. The minimum land area for townhouse clusters or developments
shall be three acres.
(2)
Densities. The maximum density of residential development per gross
acre of land (including roadways, pedestrian walkways, common recreation
and off-street parking areas, open areas, and all nonresidential areas)
for townhouse clusters and developments shall not exceed eight units
per acre.
(3)
Open space. Not less than 25% of the land area within a townhouse
cluster or development, excluding parking areas and vehicle access
facilities, shall be developed and maintained as open space for the
use and enjoyment of residents of said cluster or development and
their guests.
(4)
Lot coverage. The coverage of all buildings and structures within
a townhouse cluster or development shall not exceed 25% of the area
of the tract.
(5)
Building height. No townhouse building shall exceed 32 feet in height.
(6)
Distance between buildings. The minimum distance between a townhouse
dwelling building and any other structure, including a swimming pool,
shall not be less than 25 feet.
(7)
Setbacks. No minimum front, side, or rear setbacks shall be required
within a townhouse cluster or development except when dwelling units
are positioned relative to a public street. Where a structure faces
or abuts a public street, no part of the structure shall be located
closer than 40 feet to the public right-of-way. No structure shall
be setback less than 20 feet from any common parking area or a property
line which serves as a boundary between the townhouse cluster or development
and adjacent residential uses.
(8)
Setbacks from other districts. No structure within a townhouse cluster
or development shall be located closer than 40 feet to any residential
district boundary line. This setback shall be increased to 50 feet
where the zone district boundary line abuts a CC Community Commercial,
LI Light Industrial, or GI General Industrial District.
C.
Building standard.
(1)
No more than eight townhouse dwelling units shall be included in
a single dwelling building.
(2)
No building shall exceed a maximum length of 240 feet on any exterior
facade.
(3)
Townhouse dwelling buildings shall be related to one another in design,
building mass, materials, and placement to provide a visually and
physically integrated development.
(4)
The treatment of the sides and rear facades of all buildings in a
development shall be comparable in amenity and appearance to the treatment
of any building facade which faces a public street and complementary
in architectural design to adjacent residential structures.
(5)
Building walls shall be oriented so as to ensure adequate exposure
of light and air to each dwelling unit and to the rooms within.
(6)
Buildings shall be arranged so as to preserve visual and audible
privacy between each townhouse dwelling unit and adjacent townhouse
buildings.
(7)
Building entranceways of adjacent dwelling units in the same structure
shall be designed to ensure the privacy of occupants. This may be
accomplished by varying the setbacks of entranceways or by providing
screening or landscaped plantings, as appropriate.
(8)
Building entranceways shall be provided with appropriate illumination
for the convenience and safety of residents. Such lighting shall be
shielded to avoid disturbing other properties.
(9)
All townhouse dwelling units shall include ground floor living space.
The location of an enclosed garage shall not qualify as meeting this
requirement.
D.
Townhouse parking standards.
(1)
No fewer than two off-street parking spaces shall be provided for
each townhouse dwelling unit.
(2)
The developer may meet the requirements for off-street parking by
providing parking spaces in an enclosed garage, plus any combination
of spaces on private driveways and/or in a common parking lot.
(3)
No common off-street parking lot or outdoor storage area shall be
located closer than 25 feet to any adjacent property.
(4)
All off-street parking areas shall be privately owned and maintained.
(5)
Common off-street parking facilities shall be landscaped and screened
from public view to the extent necessary to eliminate unsightliness
and the monotony of parked cars.
(6)
Common off-street parking areas shall be designed with careful regard
to orderly arrangement, topography, landscaping, and ease of access,
and shall be developed as an integral part of the overall site plan.
(7)
Common off-street parking areas shall be provided with suitable lighting
for the convenience and security of residents, but positioned and
shielded to minimize glare and potential inconvenience to residents
of the townhouse cluster or development and adjacent properties.
E.
Size of townhouse dwelling units. The gross habitable floor area for each townhouse dwelling unit shall conform to the minimum requirements specified in § 135-64I(3) of this chapter.
F.
Landscape site design standards.
(1)
Landscaping shall be provided along and adjacent to all streets,
common driveway areas, and common off-street parking areas. Landscaping
treatments shall be designed, coordinated, and installed in accordance
with the site plan approved by the Planning Board.
(2)
Landscape treatment shall consist of shrubs, ground cover, and street
trees, and shall be designed and installed to provide an attractive
development pattern. Landscape materials selected should be appropriate
to the growing conditions of the local environment.
(3)
Whenever possible, existing trees shall be conserved and integrated
into the landscape design plan.
(4)
All landscaping except for trees, shrubs, and grasses either existing
or to be installed within the public right-of-way, shall be privately
owned and maintained.
G.
Site circulation system design standards.
H.
Miscellaneous townhouse regulations.
(1)
Home occupations shall be permitted within a townhouse cluster or
development where rental leases allow such uses and when the requirements
of the special use permit can be met.
(2)
Signs shall be permitted in a townhouse cluster or development as provided for in Article XI pursuant to the number of dwellings in any given building, in addition to a single illuminated, nonflashing sign not more than one square foot in area attached to the townhouse dwelling unit and bearing only the street number of the dwelling.
(3)
One temporary advertising ground-type sign pertaining only to the
sale of a townhouse dwelling unit is permitted, provided that such
sign shall not exceed six square feet in area. Such signs shall be
located not more than 10 feet from the front entrance to the townhouse
dwelling unit which is for sale and shall be removed within seven
days after the execution of any agreement for the sale of the premises.
(4)
All fencing of common areas shall be shown on the site plan approved
by the Planning Board.
(5)
Individual owners may erect privacy fences to enclose outdoor areas
of individual dwelling units. Such fences may be up to six feet above
ground level, provided that such fencing is located not less than
15 feet from a public street, common off-street parking, storage area,
or vehicular accessway thereto. Fencing which is closer than 15 feet
to a public street, common off-street parking, storage area, or vehicular
accessway thereto shall not exceed four feet above ground level.
(6)
Except for land which is owned in common, no property owner shall
erect or place an accessory building or structure on the premises.
(7)
The storage of any unregistered vehicles or other similar equipment
out of doors overnight shall be prohibited.
I.
Special accessory uses. The following special accessory uses may
be established for the common and exclusive use of owners of townhouse
residences and their guests. Such special accessory uses shall be
operated on a not-for-profit basis and subject to the approval of
the Planning Board.
(1)
Recreational facilities such as open or enclosed tennis courts, exercise
facilities, picnic areas, gazebos, or swimming pools as regulated
herein.
(2)
One structure to house maintenance shops and vehicles to be used
exclusively for the maintenance and management of the townhouse development.
(3)
Common space for the exclusive use and convenience of residents of
the townhouse cluster or development and their guests to park vehicles.
Such common space shall be adequately landscaped and buffered so as
to screen the site from adjacent areas and uses.
The Planning Board may approve a special use permit for cluster
residential developments of one-family dwellings in the R-1-15 and
R-1-20 Residential Districts, provided that the following standards
and provisions are maintained:
B.
The minimum tract size shall be 15 acres.
C.
The lot size, yard, area, and height requirements shall be established
on an individual-case basis which reflects the unique conditions of
each site proposed for development, the potential impact on adjacent
properties, and to ensure consistency with the Village Comprehensive
Plan.
D.
The number of lots or units (density of development) in a cluster
residential development plan shall not exceed that which could be
created under a conventional development plan for the same tract of
land.
E.
The developers shall set aside an area of not less than 20% of the
gross acreage of the tract, to be devoted exclusively to permanent
recreation areas or open space.
F.
All recreation or open space areas shall, in the opinion of the Planning
Board, be suitable for such use. The ownership and future maintenance
of such recreation areas shall be subject to the approval of the Village
Board or offered for dedication to the Village.
G.
In determining the overall density to be allowed for a residential
site, all areas of the site, including those lying within the Limited
Development Overlay (LDO) District, will be included. However, no
lot shall be approved for development where said lot would lie entirely
within the LDO boundary unless it is shown that clustering is not
feasible or that such development would not have a potentially large
adverse impact on the environment.
The Planning Board may approve a special use permit for car
wash establishments, including both coin-operated vehicle washers
and automatic vehicle washers, in the CC Community Commercial District
and VC Village Center District, provided that the following standards
and provisions are maintained:
A.
The vehicle washing facility or customary uses or operations associated
with the facility shall be located no closer than 200 feet to any
residential district and shall be separated from a residential district
by another nonresidential use.
B.
All washing facilities shall be within a completely enclosed building
which shall be designed in keeping with the facades of adjacent land
uses. All automated vehicle wash operations shall be so soundproofed,
the entire development shall be so arranged, and the operations shall
be so conducted that the noise emanating therefrom, as measured from
any point on an adjacent property, shall be no more audible than the
noise emanating from the ordinary street traffic and from other commercial
or industrial uses measured at the same point on said adjacent property.
Noise level shall be a condition of approval, subject to determination
by the Village after the facility is built. If, after the facility
is constructed, it is determined that the noise level exceeds this
standard, then operations of the facility shall cease or be prohibited
from starting unless and until the facility is modified to reduce
the noise level below the established standard.
C.
Vacuuming facilities may be located outside the building, but shall
not be between the building and a right-of-way. The side setback shall
be a minimum of 10 feet and the rear setback a minimum of 15 feet.
Such area shall be buffered or screened as deemed appropriate by the
Planning Board.
E.
"Reservoir or stack parking" is defined as parking spaces provided
for vehicles waiting to enter or leave the washing facility.
(1)
In the CC District, reservoir parking shall be provided on the property
in the ratio of not less than four reservoir parking spaces entering
each washing stall and three reservoir parking spaces at the exit
from each stall.
(2)
In the VC Village Center District, a ratio of not less than two reservoir
parking spaces entering each washing stall and one at the exit from
each stall.
(3)
Reservoir parking shall be hard-surfaced and dust-free.
F.
All hard surfaces shall be well-drained and shall not shed runoff
to adjacent properties.
G.
Any lights used to illuminate the area shall be directed downward
and away from adjacent properties to prevent glare and light trespass.
H.
Hours of operation between 9:00 p.m. and 6:00 a.m. shall not commence
unless and until approved by the Village Board, upon recommendation
by the Planning Board. Such approval may include conditions as determined
by the Planning Board and/or Village Board. Such conditions may include,
but are not limited to, a limit on the number of days each week that
such establishment may be allowed to operate between those hours.
Approval may be granted for a limited time. At the end of such time,
the Planning Board shall review the operations and recommend to the
Village Board the continuance, modification, or termination of the
approval. Such extension of the approval may also include conditions.
The Planning Board may approve a rooming house/boarding house
in the MR Multiple Residence District, provided that the following
standards and provisions are maintained:
A.
No rooming house/boardinghouse shall provide shelter for more than
four tenants who are not family members.
B.
Off-street parking shall be provided as follows: at least two spaces
for the family residing on the premises, plus not less than one additional
space for each roomer.
C.
One building identification sign up to six square feet in area may
be permitted on the premises. Such sign may not be illuminated, except
indirectly.
D.
The Planning Board shall specify the minimum amount and location
of buffer screening to ensure that the use does not create a nuisance
for adjoining property owners.
The Planning Board may approve a windmill or wind generator
in the R-1-20 Residential, LI Limited Industrial, and GI General Industrial
Districts, provided that the following standards and provisions are
maintained:
A.
In addition to the application requirements specified for zoning permits in § 135-29, the site plan proposals for a windmill or wind generator shall also show:
(1)
Location of tower on-site and tower height, including blades, rotor
diameter, and ground clearance.
(2)
All utility lines both above and below ground within a radius equal
to the proposed tower height, including blades.
(3)
Dimensional representation of the various structural components of
the tower construction including the base and footings.
(4)
Design data indicating the basis of design, including manufacturer's
dimensional drawings, installation, and operation instructions.
(5)
Certification by a registered professional engineer or manufacturer's
certification that the tower design is sufficient to withstand wind
load requirements for structures.
B.
No windmill, including blades, shall extend more than 75 feet above
the average ground level measured at the base of the tower.
C.
No more than one windmill or tower shall be permitted as an accessory
use to any property.
D.
No windmill shall be erected in any location where its overall height,
including blades, is greater than the distance from its base to any
property line.
E.
Access to the tower shall be limited either by means of a fence six
feet high around the tower base with a locking portal or by limiting
tower climbing apparatus to no lower than 12 feet from the ground.
F.
No windmill shall be installed in any location along the major axis
of an existing microwave communications link where the operation of
the windmill is likely to produce an unacceptable level of electromagnetic
interference, unless the applicant provides sufficient evidence satisfactory
to the Planning Board, indicating the degree of expected interference
and the possible effect on the microwave communications link.
G.
Windmills shall be located or installed in compliance with the guidelines
of the Federal Aviation Regulations with regard to airport approach
zones (15.503) and clearance around VOR and DVOR stations.
H.
All sites proposed for windmills shall have sufficient access to
unimpeded air flow for adequate operation. The Siting Handbook for
Small Wind Energy Conversion Systems, PNL-2521, or other nationally
recognized reference should be used as a guide in siting the location
or towers.
I.
No windmill shall be installed in a location where the impact on
the neighborhood character is determined by the Planning Board to
be detrimental to the general neighborhood character.
J.
If the windmill is to be interconnected to an electric utility distribution
system, the applicant shall provide evidence of approval of the proposed
interconnect by the local power company.
K.
Towers shall be located in either a rear or side yard. Applicants
seeking a side yard site shall demonstrate that such a location is
essential to the viability of the proposed investment.
L.
Guy wires and anchors for towers shall not be located closer than
10 feet to any property line.
M.
All windmills shall be designed with an automatic brake to prevent
overspeeding and excessive pressure on the tower structure.
N.
The minimum distance between the ground and any protruding blades
shall not be less than 10 feet as measured at the lowest point of
the arc of the blades.
The Planning Board may approve an application for the conversion
of an existing structure for occupancy by two or more families living
as separate and independent housekeeping units in the R-1-20 Residential
and MR Residence Districts and the RB-1 Restricted Business District,
provided that the following standards and provisions are maintained:
A.
Any building proposed to be converted to create additional living
units shall have not less than 2,000 square feet of gross floor area.
B.
No more than four living units shall be created by conversion within
any individual structure.
C.
The conversion shall comply with the requirements of the Uniform
Code and this chapter.
D.
The minimum habitable floor area for living units shall be: 500 square
feet for efficiency units; 600 square feet for one-bedroom units;
800 square feet for two-bedroom units; and 900 square feet for three-bedroom
units.
E.
Any parcel of land with an existing single-family dwelling proposed
to be converted to create additional dwelling units shall have an
area of not less than 20,000 square feet in the R-1-20 Residential
District and 40,000 square feet in the MR Multiple Residence District
or RB-1 Restricted Business District.
F.
The Planning Board shall determine that water supply and sanitary
sewer services are adequate to support the additional density.
G.
The Planning Board shall determine that the street system serving
the site is adequate to carry the anticipated traffic flows and that
the proposal will not create a burden or nuisance for adjoining property
owners.
H.
A minimum of two off-street parking spaces shall be provided for
each independent housekeeping unit.
I.
The Planning Board shall specify the minimum amount and location
of landscaping and buffer screening to be provided to ensure that
the use does not create a nuisance for adjoining property owners.
The Planning Board may approve an application for the use of
land for duplex residential structures in the R-1-20 Residential and
MR Residence Districts, provided that the following standards and
provisions are maintained:
B.
Each unit of a duplex shall be served with separate utility meters
and shutoff valves.
C.
In cases where eight or more duplex structures are planned for a
subdivision, the Planning Board shall carefully consider the need
for two access points to the subdivision and require them, if needed.
D.
Each duplex structure shall have its own individual driveway access
to a public street.
E.
Each dwelling unit in a duplex structure shall have not less than
two off-street parking spaces.
F.
The minimum living area to be provided in each duplex unit shall
equal or exceed the minimum area required for single-family dwellings.
G.
Each duplex unit shall be landscaped to effectively screen dissimilar
uses from one another and to protect and enhance the overall quality
of the existing neighborhood.
H.
The Planning Board shall determine that the neighborhood character
of the site proposed for duplex units is appropriate for such use
and that plans for water supply, sewage disposal, and storm drainage
are capable of serving the proposed use.
I.
The Planning Board shall determine that the street system serving
the site is adequate to carry the anticipated traffic flows and that
the proposal will not create a burden or nuisance for adjoining property
owners.
J.
The Planning Board shall specify the minimum amount and location
of landscaping and buffer screening to be provided to ensure that
the use does not create a nuisance for adjoining property owners.
K.
No site preparation or construction shall commence until final site
approval has been granted by the Planning Board and permits issued
by all governmental agencies involved.
The Planning Board may approve a special use permit for a barbershop
or beauty shop in the RB-1 Restricted Business District, provided
that the following standards and provisions are maintained:
A.
Each beauty shop or barbershop shall have separate waiting and work
station areas. In addition, each shop shall comply with the requirements
of the New York State Uniform Code.
B.
In addition to customary hair care services, barbershops and beauty
shops may also provide physical (e.g., aerobic) exercise equipment
stations and tanning services, provided they are located in separate
areas of the building.
C.
Barbershops and beauty shops may sell merchandise associated with
their hair care and/or personal health care services.
D.
In the event instructional physical exercise classes are offered,
the physical exercise room shall have a separate external entrance
to the building. The floor area used for physical exercise purposes
may not exceed by more than twice the floor area devoted to barbershop
or beauty shop use.
F.
Off-street parking spaces shall be provided as required in Schedule
II of this chapter.[1]
[1]
Editor's Note: Schedule II, Off-Street Parking Spaces Required,
is included as an attachment to this chapter.
G.
In the event an outdoor hot tub is proposed as an accessory use to
the beauty shop or barbershop, such facility shall meet the standards
required elsewhere in this chapter for a swimming pool[2] and shall be screened from any adjacent property.
[2]
Editor's Note: See Art. XII, Swimming Pool Regulations.
H.
The Planning Board shall specify the minimum amount and location
of landscaping or screening for off-street parking to ensure that
the use does not create a nuisance for adjoining property owners.
The Planning Board may approve a special use permit for a nursery
or day-care use, provided that the following standards are maintained:
A.
All other governmental approvals have been obtained by the applicant
to operate a nursery or day-care center.
B.
The building shall meet the requirements of the New York State Uniform
Code.
C.
On-site recreational facilities shall be provided and maintained
for the exclusive use of members. Such area shall be physically separate
from on-site parking areas or driveways and screened from adjacent
properties.
D.
Off-street parking spaces shall be provided as required in Schedule
II of this chapter.[1]
[1]
Editor's Note: Schedule II, Off-Street Parking Spaces Required,
is included as an attachment to this chapter.
The Planning Board may approve a special use permit for the
rental of trucks, trailers, and/or recreational vehicles in the CC
Community Commercial District, provided the following standards and
provisions are maintained:
A.
A site plan is approved, showing the location on the property for
buildings, open storage of vehicles, customer parking areas, and areas
devoted to the on-site servicing of the rental vehicles.
B.
There shall be no on-site storage of any related customer equipment,
materials, or vehicles.
C.
All repairs and service, including vehicle washing, shall be within
an enclosed building, except for gasoline dispensing units.
D.
All gasoline sales shall be restricted to vehicles rented. There
shall be no sale of gasoline or oil products to the general public.
E.
All open storage of rental vehicles shall be in either the side or
rear yards of the site. All open storage areas shall also be screened
from any adjacent noncommercial site.
F.
Any rental vehicle may be offered for sale to the public at any time.
However, in no event shall the sale of trucks, trailers, or recreational
vehicles be allowed to become the principal use of the site without
first obtaining a permit and site plan approval for the sale, lease,
or rental of vehicles as otherwise required in the CC Community Commercial
District.
The Planning Board may approve a special use permit for a gas
station in the CC Community Commercial and VC Village Center Districts,
provided the following standards and provisions are maintained:
A.
All bulk storage permits must be obtained by the owner from the New
York State Department of Environmental Conservation.
B.
The operation of all gasoline dispensing units must be supervised
by a full-time employee.
C.
All gasoline dispensing units shall contain automatic shutoff nozzles.
In addition, all such pumps shall have safety flushing devices in
accordance with Uniform Code Standards or National Fire Protection
Association (NFPA) standards, to include automatic shutoffs in the
event of emergency.
D.
A price sign for the gasoline being sold shall be affixed to each
dispensing unit and sized to sign standards contained in this chapter.
E.
There shall be no repairs to motor vehicles allowed on the site.
F.
Any merchandise available for sale shall be maintained within a fully
enclosed building, except for an ice cooler and flammable material
such as propane or wood.
G.
Hours of operation between 9:00 p.m. and 6:00 a.m. shall not commence
unless and until approved by the Planning Board.
H.
The Planning Board, in considering a request for a special use permit
and site plan approval, may require the operator to submit additional
information to adequately describe the location and operation of such
activity and, as a condition of granting such approval, may impose
any conditions it deems necessary to protect the health and safety
of motorists and pedestrians and to protect adjacent properties from
potential adverse impacts of such use.
The Planning Board may approve a special use permit for a drive-in
restaurant in the CC Community Commercial District, subject to the
following conditions and standards:
A.
The applicant shall submit a written statement setting forth the
details of the operation of the proposed use.
B.
The applicant shall provide the Planning Board with evidence of approval,
license, or other similar document required to initiate or expand
such a use from any and all appropriate regulating agencies.
D.
The proposed use shall meet the minimum off-street parking and loading
and unloading requirements of this chapter as well as the provisions
for landscaping, buffering, sign controls, and access ay requirements,
which limits each such use to only one accessway from the highway.
E.
Lighting shall be provided in a manner so as to minimize potential
disturbance to adjacent properties and roadways.
F.
The location of all on-site refuse containers shall be identified
and maintained. In addition, any dumpster shall be enclosed and effectively
screened from adjacent properties.
G.
Any outdoor eating area shall be maintained, landscaped, and physically
separated from any off-street parking area or driveway. In no event
shall outdoor eating be allowed unless the site has a dust-free (paved)
parking surface.
H.
The Planning Board, in considering the request for a special use
permit, may impose conditions it deems necessary to protect the health,
safety, and public welfare of the Village.
The Planning Board may approve a special use permit for a commercial
storage building or a mini warehouse use in the LI Light Industrial
District, subject to the following conditions and standards:
A.
The minimum size lot shall be two acres.
C.
The maximum number of individual storage bays allowed for each mini-warehouse
structure shall not exceed 200 feet in linear building length.
D.
All surfaces shall be paved, maintained, and well-drained to approved
drainage facilities.
E.
All units shall be adequately lighted on both the exterior and interior.
There shall be interior lighting for each storage unit. Interior lighting
may be on a time device to permit automatic shutoff. No exterior lighting
shall be allowed to cause glare on any adjacent site.
F.
Each mini-warehouse unit shall be clearly identified, and the owner
shall maintain records of all occupied units.
G.
No mini-warehouse unit shall be allowed to store any hazardous material.
H.
No mini-warehouse unit shall be used for vehicle repairs or body
work.
I.
Adequate landscaping shall be provided to minimize the visual impact
of the warehousing structure on adjacent sites.
The Planning Board may approve a special use permit for tourist
homes/bed-and-breakfast establishments in the R-1-15 and R-1-20 Residential
Districts, provided that the following standards and provisions are
maintained:
B.
The building proposed for occupancy as a tourist home/bed-and-breakfast
shall contain no more than four lodging rooms for hire, and shall
not violate provisions of the New York State Fire Prevention and Building
Code.
C.
Meals may be served on premises to residents and registered guests.
D.
The operator of the tourist home/bed-and-breakfast shall reside on
the premises and shall be the only permanent occupant on the premises.
E.
No tourist home/bed-and-breakfast use shall be established on a lot
that is within 500 feet of another lot measured along the same street
frontage on which there is an existing tourist home/bed-and-breakfast
establishment.
F.
Off-street parking shall be provided as set forth in Schedule II
of this chapter.[2]
[2]
Editor's Note: Schedule II, Off-Street Parking Spaces Required,
is included as an attachment to this chapter.
H.
The exterior of the building should be maintained consistent with
the character of the area.
I.
The Planning Board shall specify the minimum amount and location
of landscaping and buffer screening to ensure that the use does not
create a nuisance for adjoining property owners.
The Planning Board may approve a special use permit for a hotel
or motel in the CC Community Commercial and VC Village Center Districts,
provided the following standards and provisions are maintained:
A.
Ingress and egress shall be provided so as not to conflict with adjacent
business use or adversely affect traffic flow along a major thoroughfare.
B.
Each unit shall contain not less than 240 square feet of floor area.
C.
No guest shall establish permanent residence at a motel for more
than 30 consecutive days within any calendar year.
D.
An accessory use customarily related to a hotel or motel, such as
a restaurant, dry-cleaning store, and beauty shop or barbershop, may
be permitted, provided that such accessory use shall be located entirely
within the building to which it is accessory and does not have a direct
outside entrance for customers.
E.
Off-street parking shall be provided for the hotel or motel guests
in accordance with the provisions in Schedule II of this chapter.
Additional off-street parking shall be provided in accordance with
Schedule II for each accessory use permitted. The parking standards
specified in Schedule II may be waived by the Planning Board where
it is found that conference guests will be transported to and from
the site by bus, taxi or limousine on a daily basis.[1]
[1]
Editor's Note: Schedule II, Off-Street Parking Spaces Required,
is included as an attachment to this chapter.
F.
Recreation facilities may be provided for any special permitted hotel
or motel. A minimum of 10% of the gross floor area of the building
or 1/2 acre of land, whichever is the greater, shall be used for open
or enclosed recreation facilities to serve guests.
G.
A freestanding sign may be permitted to identify only the name of
the hotel or motel. Any additional or accessory uses located within
the hotel/motel shall be required to have a building-mounted sign
identifying the use.
A.
Adult bookstores, adult motion-picture theaters, massage establishments,
and adult entertainment uses and businesses shall only be located
in the Commercial District as designated by the Village of Bloomfield
on its Zoning Map, as amended from time to time; shall require a special
use permit; and shall also be subject to the following regulations:
(1)
All provisions of this chapter applicable to any use specified in
the Commercial District.
(2)
Such uses and businesses shall be a minimum of 2,000 feet from schools,
churches, public parks and recreation lands, municipal boundary lines,
residential zoned lands, and other specified uses and businesses set
forth in this article. Measurement of distances shall be from the
property lines of the uses.
(3)
In addition to any other requirements imposed by the Village of Bloomfield
or the State of New York, the following specified regulations shall
apply to any adult entertainment and business use:
(a)
No exterior sign shall contain any photographic or artistic
representation of the human body.
(b)
All building openings, entries, windows, doors, etc., shall
be located, covered, or screened in such a manner as to prevent a
view into the interior of the building from any public right-of-way
or adjacent property.
(c)
No adult entertainment use or business shall be established
in any building of which any part is used for residential purposes.
(d)
No residential use shall be established in any building or which
any part is used as an adult entertainment use establishment or business.
B.
Any permit granted may be revoked by the Planning Board after due
hearing on not less than 10 days' notice to the person holding such
permit, in the event that the use violates any of the conditions or
restrictions imposed by the Planning Board upon issuance of such permit,
or if such use shall have become a nuisance.
The purpose of these supplemental regulations is to promote
the health, safety, and general welfare of the residents of the Village
of Bloomfield; to provide standards for the safe provision of telecommunications
consistent with applicable federal and state regulations; to minimize
the total number of telecommunication towers in the community by encouraging
shared use of existing and future towers and the use of existing tall
buildings and other high structures; and to minimize adverse visual
effects from telecommunication towers by requiring careful siting,
visual impact assessment, and appropriate landscaping.
A.
Application of special permit regulations.
(1)
No telecommunication tower, except those approved prior to the effective
date of this section, shall be used unless in conformity with these
regulations. No telecommunication towers shall hereafter be erected,
moved, reconstructed, changed, or altered unless in conformity with
these regulations. No existing structure shall be modified to serve
as a telecommunication tower unless in conformity with these regulations.
(2)
Applicants proposing to co-locate on a previously approved telecommunication tower require a special permit. They are subject to site plan review in accordance with Article XIII describing site plan requirements and procedures. The Planning Board may require the applicant to submit any of the items under § 135-94B(1) below as part of the site plan review process.
(3)
The regulations shall apply to all property within the R-1-20 District
which is located 800 feet south of the center line of State Street
(State Routes 5 and 20) to the Village limit, excluding the area of
the Historic Overlay District. Telecommunication towers shall be specifically
excluded from all other zones.
B.
Shared use of existing tall structures. At all times, shared use of existing tall structures (for example, municipal water towers, multistory buildings, church steeples, farm silos, etc.) and existing or approved towers [see Subsection A(2) above] shall be preferred to the construction of new towers.
(1)
An applicant proposing to share use of an existing tall structure
shall be required to submit:
(a)
A completed application for a special permit.
(b)
Documentation of intent from the owner of the existing facility
to allow shared use.
(c)
A site plan, which shall show all existing and proposed structures
and improvements, including antennas, roads, buildings, guy wires
and anchors, parking and landscaping, and shall include grading plans
for new facilities and roads. Any methods used to conceal the modification
of the existing facility shall be indicated on the site plan.
(d)
A licensed engineer's report certifying that the proposed shared
use will not diminish the structural integrity and safety of the existing
tall structure, and explaining what modifications, if any, will be
required in order to certify to the above.
(e)
A completed short environmental assessment form (EAF) and a completed visual EAF addendum (see Subsection I below).
(f)
A copy of the applicant's Federal Communications Commission
(FCC) license.
(2)
If an applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation, and if modifications indicated are deemed insignificant by the Planning Board, then after the Planning Board conducts a public hearing and complies with all State Environmental Quality Review Assessment (SEQRA) provisions, the Planning Board shall grant a special use permit without further review under this section. If the Planning Board determines that any modifications indicated are significant, it may require further review according to Subsections G through V below.
C.
New telecommunication towers. The Planning Board may consider a new
telecommunication tower when the applicant demonstrates that shared
use of an existing tall structure or existing and approved tower is
impractical. An applicant shall be required to present an adequate
report inventorying all existing tall structures and existing or approved
towers within a reasonable distance of the proposed site. This distance
shall be determined by the Planning Board in consultation with the
applicant. The report shall outline opportunities for shared use of
these existing facilities as an alternative to a proposed new tower.
The report shall demonstrate good-faith efforts to secure shared use
from the owner of each existing tall structure and existing and approved
telecommunications tower as well as documentation of the physical,
technical, and/or financial reasons why shared usage is not practical
in each case. Written requests and responses for shared usage shall
be provided.
D.
Shared usage of an existing tower site for placement of a new tower. Where shared usage of an existing tall structure or existing and approved telecommunication tower is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection C above. Any proposal for a new tower shall also be subject to the requirements of Subsections G through V below.
E.
New tower at a new location. The Planning Board may consider a new telecommunication tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures or existing and approved telecommunication towers is impractical, and submits a report as described in Subsection C above, and when the Planning Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with Subsection D above. Any proposal for a new telecommunication tower shall also be subject to the requirements of Subsections G through V below.
F.
New towers: future shared use. The applicant shall design a proposed
new telecommunications tower to accommodate future demand for reception
and transmitting facilities. The applicant shall submit to the Planning
Board a letter of intent committing the owner of the proposed new
tower, and his/her successors in interest, to negotiate in good faith
for shared use of the proposed tower by other telecommunications providers
in the future. This letter shall be filed with the Code Enforcement
Officer prior to issuance of a building permit. Failure to abide by
the conditions outlined in the letter may be grounds for revocation
of the special permit. The letter shall commit the new owner and his/her
successors in interest to:
(1)
Respond within 90 days to a request for information from a potential
shared-use applicant.
(2)
Negotiate in good faith concerning future requests for shared use
of the new tower by other telecommunications providers.
(3)
Allow shared use of the new tower if another telecommunications provider
agrees, in writing, to pay a reasonable charge. The charge may include
but is not limited to a pro rata share of the cost of site selection,
planning, project administration, land costs, site design, construction
and maintenance financing, return on equity, and depreciation, and
all of the costs of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference.
G.
Site plan review: submission requirements.
(1)
An applicant shall be required to submit a site plan in accordance with Article IV. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wire and anchors, antennas, parking, and landscaping, and shall include grading plans for new facilities and roads.
(2)
Supporting documentation. The applicant shall submit a complete short
EAF and a complete visual EAF addendum, and documentation on the proposed
intent and capacity of use as well as a justification for the height
of any tower and justification for any clearing required. The applicant
shall also submit a copy of its FCC license.
H.
Lot size and setbacks. All proposed telecommunication towers and
accessory structures shall be located on a single parcel and shall
be set back from abutting parcels and street lines a distance sufficient
to substantially contain on-site all icefall or debris from tower
failure, and to preserve the privacy of any adjoining residential
properties.
(1)
Lot size of parcels containing a tower shall be determined by the
amount of land required to meet the setback requirements. If the land
is to be leased, the entire area required shall be leased from a single
parcel unless the Planning Board determines that this provision may
be waived.
(2)
Telecommunication towers shall comply with all existing setback requirements
of the underlying zoned district, or shall be located with a minimum
setback from any property line equal to the height of the tower to
be erected, plus 20 feet.
(3)
Consideration may be given to a lesser setback if the engineer's
report shows that the tower is designed to collapse in a more restrictive
area within the property line.
I.
Visual impact assessment. The Planning Board shall require the applicant
to undertake a visual impact assessment which may include the following:
(1)
A zone of visibility map shall be provided in order to determine
locations from which the tower may be seen.
(2)
Pictorial representations of before and after views from key viewpoints
both inside and outside of the Village, including, but not limited
to: state highways and other major roads; local parks; other public
lands, preserves, and historic sites normally open to the public;
and from any other location where the site is visible to a large number
of visitors or travelers. The Planning Board shall determine the appropriate
key sites at a presubmission conference with the applicant.
(4)
Assessment of the visual impact of the tower base, guy wires, accessory
buildings, and overhead utility lines from abutting properties and
streets.
(5)
All towers and accessories shall be sited to have the least practical
adverse visual effect on the environment.
(6)
Towers shall not be artificially lighted except to assure human safety
as required by the Federal Aviation Administration (FAA).
(7)
Notwithstanding the preceding Subsection I(6), an applicant may be compelled to add FAA-style lighting and markings if, in the judgment of the Planning Board, such a requirement would be of direct benefit to public safety.
(8)
Accessory facilities shall maximize use of building materials, colors,
and textures designed to blend with the natural surroundings.
J.
New tower design. Alternative designs shall be considered for new
towers, including lattice and single-pole structures. The design of
the proposed new tower shall comply with the following:
(1)
Unless specifically required by other regulations, the tower and
accessory structures shall have a finish (either painted or unpainted)
that minimizes the degree of visual impact.
(2)
The maximum height of any new tower shall not exceed that which shall
permit operation without artificial lighting of any kind or nature,
in accordance with municipal, state, and federal laws and/or regulations.
The Planning Board may, at its discretion, modify this requirement
if the applicant can justify the need to exceed this height limitation.
(3)
The Planning Board may request a review of the application by a qualified
engineer in order to evaluate the need for, and the design of, any
new tower.
(4)
The minimum setback for each communication tower from any proper
line shall be the height of the tower to be erected, plus 20 feet.
(5)
No communication tower shall exceed 200 feet above finished grade
level.
(6)
Site plan approval is granted by the Planning Board in accordance with the provisions in Article XIII of this chapter, and provided further that said site plan application includes, but is not limited to, the following additional information:
(a)
The location of all structures and trees on the site and on
any adjacent property within 10 feet of the subject property line.
(b)
All information prepared by the manufacturer of the antenna
or tower, or the applicant for which a special use permit is being
sought, including, but not limited to, the following:
[1]
Make and model of tower to be erected.
[2]
Manufacturer's design data for installation instructions and
construction plans.
[3]
Applicant's proposed tower maintenance and inspection procedures
and records system.
[4]
Identification of any anticlimb device to be installed.
[5]
Identification of the power levels and type of radiation to
be emitted by or from the communication tower, and the field strength
at each property border.
[6]
Identification of the effects such communication tower's operation
will have on other existing communication towers or antennas within
1,000 feet of the proposed structure.
(c)
A statement from any federal, state, or county regulatory agency
attesting that all other agency approvals have been obtained, including,
but not limited to, acceptable levels for dissipating nonionizing
electromagnetic radiation (NIER) as established by any regulatory
agency, or by the American National Standards Institute (ANSI).
(7)
No portion of any tower or accessory structure shall be used for
signs or other advertising purposes, including but, not limited to,
company name, phone numbers, banners, and streamers.
K.
Existing vegetation. Existing on-site vegetation shall be preserved
to the maximum extent possible. No cutting of trees exceeding four
inches in diameter (measured at a height of four feet off the ground)
shall take place prior to the approval of the special permit.
L.
Screening. Deciduous or evergreen tree plantings may be required
to screen portions of the tower and accessory structures from nearby
residential property, as well as from public sites known to include
important views or vistas. Where a site abuts a residential property
or public property, including streets, screening shall be required.
M.
Access. Adequate emergency and service access shall be provided as
approved by the local Fire Chief. Maximum use of existing roads, public
or private, shall be made. Road construction shall, at all times,
minimize ground disturbance.
N.
Parking. Parking shall be provided to assure adequate emergency and
service access. The Planning Board shall determine the number of required
spaces based upon a recommendation from the applicant. No parking
spaces shall be located in any required open or green space.
O.
Fencing. The tower and any accessory structures shall be adequately
enclosed by a fence of not less than eight feet in height above ground
level, a design of which shall be approved by the Planning Board.
P.
Removal. The applicant shall submit to the Planning Board a letter of intent committing the tower owner, and his/her successors in interest, to notify the Code Enforcement Officer within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Code Enforcement Officer prior to issuance for a building permit (assuming the telecommunications tower is approved according to this section). Obsolete or unused towers and accessory structures shall be removed from any site within three months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this section and shall be punishable according to Article XIV.
Q.
Intermunicipal notification for new towers. In order to keep neighboring
municipalities informed, and to facilitate the possibility of directing
that an existing tall structure or existing and approved telecommunications
tower in a neighboring municipality be considered for shared use,
and to assist in the continued development of County 911 services,
the following shall occur:
(1)
An applicant who proposes a new telecommunications tower shall notify
in writing the Town of East Bloomfield legislative board, the Ontario
County Planning Board, and the Ontario County 911 services. Notification
shall include the exact location of the project, including, but not
limited to, the height of the tower and its capacity for future shared
use.
(2)
Documentation of this notification shall be submitted to the Planning
Board at the time of application.
R.
Notification of nearby landowners. The applicant shall be required
to mail notice of the public hearing directly to all landowners whose
property is located within 200 feet of the property line of the parcel
on which a new tower is proposed. Notice shall also be mailed to the
administrator of any state or federal parklands from which the proposed
tower would be visible if constructed. Notification, in all cases,
shall be made by certified mail. Documentation of this notification
shall be submitted to the Planning Board prior to the public hearing.
S.
Exceptions. The following communications towers are excepted from
the provisions of this section:
(1)
Facilities under the control or ownership and used exclusively by
a public or governmental agency.
(3)
Conventional television and radio antennas when used exclusively
for private benefit and involving a structure with a height less than
15 feet above existing grade, or if attached to structure, 35 feet
above existing grade.
T.
Time limit. The Planning Board, when considering a special use permit
for the erection and maintenance of a communication tower, may place
a time period on the special use permit that is being requested. Said
time limit shall clearly stipulate the conditions imposed with granting
the special use permit and the basis for the Planning Board not to
renew said permit for another specified time period.
U.
Assurances. The Planning Board may, as a condition of special use
permit approval, require the applicant to provide a letter of credit,
performance bond, or other financial guarantee to the Village that
funds will be available for the Village's use to remove said structure
in the event of noncompliance with the provisions of this chapter.
V.
Fees. The applicant shall be charged a communications tower application
fee, which shall be determined by the Board of Trustees as contained
in the official fee schedule.[2] An annual renewal charge for a permit to operate a communications
tower will be determined by the Board of Trustees as contained in
the official fee schedule.
[2]
Editor's Note: The fee schedule is on file in the Village
offices.
The Planning Board may approve a special use permit for a drive-through
facility in the CC Community Commercial and VC Village Center Districts,
provided the following standards and provisions are maintained:
A.
Drive-through facilities must be in conjunction with a permitted
use. Stand-alone drive-through facilities are prohibited.
B.
A drive-through facility must be placed to the rear of the structure
in order to ensure that its presence does not obstruct pedestrian
access to the building or interfere with pedestrian traffic along
the public right-of-way. A detached facility may be used to accomplish
this.
C.
Driveways, access, and circulation aisles must be paved and drained.
D.
Landscaping and screening shall be provided to screen the facility
from the adjacent properties.
E.
A minimum of four reservoir spaces shall be provided for vehicles
entering the drive-through facility; a minimum of one reservoir space
shall be provided for vehicles exiting the drive-through facility.
The Planning Board may approve a special use permit for a residential
use in conjunction with a permitted or specially permitted use in
the VC Village Center District, provided the following standards and
provisions are met and maintained:
A.
Each dwelling unit shall be located, constructed, and served by public
utilities in such a fashion that each dwelling unit may be sold individually.
B.
The minimum habitable floor area for living units shall be 500 square
feet for efficiency units, 600 square feet for one-bedroom units,
800 square feet for two-bedroom units, and 900 square feet for three-or-more-bedroom
units.
C.
Dwelling units shall be placed on the second floor.
D.
The Planning Board shall determine that water supply and sanitary
sewer services are adequate to support the additional units.
E.
The Planning Board shall determine that the street system servicing
the site is adequate to carry the anticipated traffic flows and that
the proposal will not create a burden or nuisance for adjacent property
owners.
The Planning Board may approve a special use permit for storage
of commercial vehicles in the VC Village Center District, provided
the following standards and provisions are met and maintained:
A.
A site plan is approved showing the location on the property for
buildings, open storage of vehicles, and customer parking areas.
B.
Not more than two commercial vehicles, directly related to the operation
of the permitted or specially permitted use, may be stored on the
property.
C.
No unlicensed vehicles shall be permitted.
D.
No vehicular repairs are to be conducted on-site.
E.
The area used for vehicular storage shall be paved and drained.
F.
Landscaping and screening shall be provided to screen the storage
area from the adjacent properties.
G.
Vehicle storage shall not be visible from the public rights-of-way
and shall not occupy more than 15% of the total site area.
The Planning Board may approve a special use permit for a use
not conducted within an entirely enclosed building in the VC Village
Center District, provided the following standards and provisions are
met and maintained. It should be noted that this does not apply to
community events, concerts, carnivals, festivals, or cruise nights.
A.
A site plan is approved showing the location on the property for
buildings, outdoor operation, and customer parking.
B.
All outdoor operations must be located on the same parcel as the
permitted use.
C.
The total area devoted to the outdoor operation shall not exceed
20% of the total site.
D.
The area of outdoor operation must be delineated using landscaping,
architectural treatments such as bollards or railings, or other means
approved by the Planning Board.
E.
All outdoor operations must cease at midnight.
The Planning Board may approve a special use permit for the
creation of parking spaces in excess of the maximum allowed for each
use in the Village Center District, provided the following standards
and provisions are maintained:
A.
Application for such approval shall include a narrative describing
the rationale for the spaces requested.
B.
No other off-site parking resources (i.e., shared parking or street
parking) are available within 1,000 feet of the proposed use.
C.
Placement and configuration of the proposed parking spaces are consistent
with the intent and language of the Village Center Zoning District.
D.
Parking will be available for use by the general public. Such spaces
shall be identified on the site plan, and signs posted on the property
shall clearly indicate those spaces available for use by the general
public.
[Added 10-24-2018 by L.L.
No. 2-2018]
A.
Authority. This section is enacted pursuant to the authority granted
by § 10, Subdivision 1(i), of the Municipal Home Rule Law,
and pursuant to §§ 7-700 through 7-704 of the Village
Law of the State of New York, which authorize the Village of Bloomfield
(herein, the "Village") to adopt zoning provisions that advance and
protect the health, safety, and welfare of the community, and "to
make provision for, so far as conditions may permit, the accommodation
of solar energy systems and equipment and access to sunlight necessary
therefor."
B.
Title. The title of this section is "Village of Bloomfield Solar
Energy Law."
C.
Legislative intent. It is the purpose and intent of this section
to promote and protect the health, safety and welfare of the residents
of and visitors to the Village of Bloomfield, including:
(1)
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
(2)
Decreasing the cost of energy to the owners of commercial and
residential properties, including single-family houses;
(3)
Increasing employment and business development in the region
by furthering the installation of solar energy systems; and
(4)
To mitigate the impacts of solar energy systems on neighboring
properties as well as environmental resources such as important agricultural
lands, forests, wildlife and other protected resources.
D.
Background and policy. The Village of Bloomfield Board of Trustees
finds that renewable energy systems, and in particular solar energy
systems, are beneficial to the community and to the environment, provided
that the installation and operation of such systems complies with
certain regulatory requirements that take into account the impact
such systems may have on neighboring properties, including, without
limitation, site plan approval, height and setback requirements, as
well as decommissioning assurances as provided herein.
E.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
GLARE
GROUND-MOUNTED SOLAR ENERGY SYSTEM
MAJOR SOLAR COLLECTION SYSTEM
MINOR SOLAR COLLECTION SYSTEM
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
SOLAR PANEL
STORAGE BATTERY
VILLAGE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A combination of photovoltaic building components, including
solar panels and solar energy equipment, integrated into any building
envelope system such as vertical facades, including glass and other
facade material, semitransparent skylight systems, roofing materials,
and shading over windows.
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure for the primary purpose of producing electricity for on-site
consumption.
A solar energy system that produces electrical energy primarily
for off-site sale or consumption and generates 110% or more of the
electricity consumed by the parcel of land where the system is located.
A ground-mounted or roof-mounted solar energy system that
produces electrical energy primarily for on-site consumption and generates
no more than 110% of the electricity consumed on the parcel of land
where the system is located.
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site consumption.
The assembly of electrical devices, material, hardware, equipment
and conduit associated with the production of electrical energy which
relies upon solar radiation as an energy source for collection, inversion,
storage, and distribution of solar energy for electricity generation
or transfer of stored heat.
The components and subsystems required to convert solar energy
into electric energy suitable for use and includes but is not limited
to solar panels and solar energy equipment.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
A device that stores energy and makes it available in an
electrical form.
The Village of Bloomfield.
F.
General rules.
(1)
The requirements of this section shall apply to all solar energy
systems permitted, installed, or modified within the Village on or
after the effective date of this section, excluding general maintenance
and repair.
(2)
All solar panel and solar energy system installations must be
performed in accordance with applicable electrical and building codes,
including, without limitation, the NYS Fire Prevention and Building
Code ("Building Code") and the NYS Energy Conservation Code ("Energy
Code"); as well as the manufacturer's installation instructions and
industry standards. Prior to operation, the electrical connections
must be inspected by the Code Enforcement Officer or by an appropriate
electrical inspection person or agency as determined by the Village.
In addition, any connection to the public utility grid must be inspected
by the appropriate public utility.
(3)
All solar energy systems, except for building-integrated photovoltaic
systems, shall comply with the zoning and permitting requirements
set forth below.
(4)
To the extent practicable, the Code Enforcement Officer shall
implement the "Guidelines for Agricultural Mitigation for Solar Energy
Projects" issued by the New York State Department of Agriculture and
Markets for any solar energy system which is to be located on or adjacent
to property being actively used for agricultural purposes.
(5)
Solar arrays. A building permit issued by the Code Enforcement
Officer shall be required prior to erecting solar arrays. A building-
or structure-mounted solar array must have a letter from a professional
engineer or registered architect, certifying that the existing structure
can support the additional gravity and wind loads of the solar energy
system. A ground-mounted solar array is subject to the minimum setback
requirements.
G.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems that generate electricity
for on-site consumption are permitted as an accessory use in all zoning
districts when attached to any lawfully permitted building or structure.
(2)
Height. Roof-mounted solar energy systems shall not exceed the
maximum height restrictions of the zoning district within which they
are located and are provided the same height exemptions granted to
building-mounted mechanical devices or equipment.
(3)
Aesthetics. Roof-mounted solar energy system installations shall
incorporate, when feasible, the following design standards:
(a)
Panels facing the front yard must be mounted at the same angle
as the roofs surface with a maximum distance of 18 inches between
the roof and highest edge of the system.
(b)
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached
and shall not be less than 18 inches from the ridge or peak.
(4)
Glare. All solar panels shall have antireflective coating(s).
(5)
Roof-mounted solar energy systems shall require a building permit;
however, they are exempt from site plan review.
H.
Ground-mounted collection systems.
(1)
Ground-mounted collection systems are permitted as accessory
structures in all districts, subject to the following:
(a)
A building permit shall be required.
(b)
Ground-mounted collection systems shall adhere to the height
(15 feet) and setback (30 feet) requirements of the underlying zoning
district where the system is located.
(c)
Ground-mounted collection systems shall not cover more than
50% of the lot where the system is located. The surface area covered
by ground-mounted solar panels shall be included in total lot coverage.
(d)
Ground-mounted collection systems located in residential districts
shall be installed in the side or rear yards and shall be designed
and located in such a manner as to prevent reflective glare emanating
toward an inhabited building on adjacent properties or toward nearby
roads. Installation is prohibited in the front yard facing the street.
(e)
All Solar Panels shall have antireflective coating(s).
(f)
Ground-mounted collection systems shall be subject to site plan
review including a review for adequacy, location, arrangement, size,
design and general site compatibility prior to permit issuance by
the Code Enforcement Officer.
(g)
When storage batteries are included as part of the ground-mounted
collection system, they must be placed in a secure container or enclosure
meeting the requirements of the New York State Building Code when
in use and when no longer used shall be disposed of in accordance
with the laws and regulations of Ontario County and other applicable
laws and regulations.
I.
Major solar collection systems. Major solar collection systems shall
not be permitted within the Village of Bloomfield limits.
J.
Special use permit standards.
(2)
All solar panels shall have antireflective coating(s).
(3)
A landscaped buffer shall be provided around the perimeter of
all equipment and solar collector devices to provide screening from
adjacent properties and public highways.
(4)
The Village Planning Board may impose conditions on its approval
of any special use permit under this section in order to enforce the
standards referred to in this chapter or in order to discharge its
obligations under the State Environmental Quality Review Act (SEQRA).
K.
Enforcement. Any violation of this section shall be deemed a zoning violation and shall be subject to the same civil and criminal penalties as provided in Article XIV this chapter.
L.
Severability. If a court of competent jurisdiction determines that
any clause, sentence, paragraph, subdivision, or part of this section
or the application thereof to any person, firm or corporation, or
circumstance is invalid or unconstitutional, it is the intent of the
Board of Trustees of the Village of Bloomfield that the court's order
or judgment shall not affect, impair, or invalidate the remainder
of this section but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, or part of this section or in its
application to the person, individual, firm or corporation or circumstance
directly involved in the controversy in which such judgment or order
shall be rendered; and that the balance of this section shall remain
in full force and effect, notwithstanding such court order or judgment.
