For the purpose of this chapter, certain words and terms used
herein shall be defined as follows:
A.
Word usage:
(1)
All words used in the present tense include the future tense.
(2)
All words in the plural number include the singular number and all
words in the singular number include the plural number, except as
to the number of permitted structures, unless the natural construction
of the wording indicates otherwise.
(3)
The word "person" includes an individual, association, partnership,
or corporation.
(4)
Unless otherwise specified, all distances shall be measured horizontally
along the ground.
(5)
The words "building" and "structure" are interchangeable and mutually
inclusive.
(6)
"Lot" includes the words "plot," "parcel," "tract," or site.
(7)
The word "premises" includes a lot and all buildings or structures
thereon.
(8)
To "erect," "to construct," and "to build" a building or structure
each have the same meaning and also include "to excavate" for a building
and "to relocate" a building by moving it from one location to another.
(9)
The word "use" refers to any purpose for which a lot is arranged,
intended or designed to be used, occupied, maintained, made available,
or offered for use and to any purpose for which a building or structure
or part thereof is arranged, intended or designed to be used, occupied,
maintained, made available or offered for use, or erected, reconstructed,
altered, enlarged, moved or rebuilt with the intention or design of
using the same.
(10)
The word "used" refers to the actual fact that a lot is being
occupied or maintained for a particular use.
(11)
"Shall" is mandatory and not discretionary; "may" is discretionary
and not mandatory.
B.
BOARD OF APPEALS
CODE ENFORCEMENT OFFICER
COUNTY PLANNING BOARD
DEPARTMENT OF HEALTH
PLANNING BOARD
SUPERVISOR OF PUBLIC WORKS
VILLAGE BOARD
VILLAGE ENGINEER
WATERSHED INSPECTOR
Administrative agencies defined.
The Zoning Board of Appeals of the Village of Bloomfield
The official designated by the Village Board of the Village
of Bloomfield to enforce the provisions of this chapter and the New
York State Uniform Fire Prevention and Building Code in the Village.
The Planning Board of the County of Ontario.
The New York State Department of Health and any other health
board or department established pursuant to the laws of the State
of New York and having authority for the regulation of matters pertaining
to the public health of the Village.
The Planning Board of the Village of Bloomfield.
The person appointed by the Village Board to administer the
operations of Village water, sewer, highway departments and any other
duties as may be assigned from time to time by said Board.
The Village Board of the Village of Bloomfield.
The person designated by the engineering firm retained by
the Village Board in accordance with the provisions of the New York
State General Municipal Law.
The official designated by the Village Board to enforce the
Village of Bloomfield watershed regulations.[1]
As used in this chapter, the following terms shall have the
meanings indicated:
The term applied to a building, structure, or use which:
Is customarily incidental and subordinate to and serves a principal
building or principal use; and
Is subordinate in area, extent, or purpose to the principal
building or principal use served; and
Contributes to the comfort, convenience, or necessity of occupants
of the principal building or principal use; and
Is located on the same parcel as the principal building or principal
use.
See "driveway."
Any project or physical activity, such as construction or
other activity, that may affect the environment by changing the use,
appearance, or condition of any natural resource or structure, that
requires a permit or approval from any board or official of the Village
of Bloomfield.
A business, whether retail or wholesale, having more than
5% of its net floor space set aside for or more than 5% of the value
of its stock-in-trade allocated to recordings, books, magazines, periodicals,
films, videotapes/cassettes or other viewing materials for sale or
viewing on or off the premises, which are distinguished or characterized
by their emphasis on matters depicting, describing, or related to
sexual activities or specified anatomical areas customarily associated
with sexual activity.
Any business enterprise having as a substantial portion of
its activity the presentation of live shows, motion-picture films
or sound recordings, or similar visual or audio material, which are
characterized by their emphasis on the description or depiction of
areas of the anatomy customarily associated with sexual activities;
or any business enterprise serving food and beer, wine, or liquor
whose entertainers or waiters and waitresses appear in a state that
displays areas of the anatomy customarily associated with sexual activities;
or any business enterprise that offers services requiring the client
or customer to display said anatomical areas, except medical and health
services establishments.
Generally, any business, including, but not limited to, those
specifically enumerated in this chapter, which has more than 5% of
its net floor space set aside for or more than 5% of the volume of
its stock-in-trade devoted to the display, viewing, or dissemination
of material distinguished or characterized by an emphasis on matter
depicting, describing, or related to sexual activity or specified
anatomical areas, including, but not limited to, any establishment
that allows or promotes dancers, performers, or employees, whether
male or female, to display specified anatomical areas.
An enterprise having as the major portion of its activities
the provision (including the manufacturing of, storage, and sale)
of feed, mostly for livestock; fertilizer; seed and chemicals necessary
for crop production; farm supplies (hardware and tools) and materials
used in soil conservation practices; and grain storage and drying
operations. As used in this chapter, the term does not include the
sale of farm equipment, machinery, or tools; artificial breeding;
petroleum products; and herd consulting and testing services. Accessory
uses include, but are not limited to, trucking services for agricultural
services and products.
The use of the land for agricultural purposes, including
truck farms or nurseries, greenhouses, horticulture, viticulture and
apiaries; the raising or breeding of animals, swine, poultry; riding
academies; livery or boarding stables; and the necessary accessory
uses for storage, provided that the operation of any such accessory
use shall be incidental to that of the principal agricultural activities.
As applied to a building or structure, the change or rearrangement
in the supporting members of a building or structure such as bearing
walls, columns, beams or girders or in the exit facilities; an enlargement
of a building or structure, whether by extending on a side or by increasing
in height; the moving from one location or position to another; any
alteration whereby a structure is adapted to another or different
use.
A building arranged, intended, or designed to include three
or more independent dwelling units, but having common hallways and
entrances.
A water-bearing stratum of permeable rock, sand or gravel
that can yield water to a well or spring.
Productive aquifer used for public water supplies.
Underground formation known to be highly productive in water
yield, or whose geology suggests abundant potential supply, but which
is not now heavily used for public water supplies.
A hood or cover projecting from, but not a permanent part
of, an exterior wall of a building, supported by that wall and held
in place with rigid frames.
A hood or cover projecting from, but not a permanent part
of, an exterior wall of a building, supported by that wall and collapsible,
retractable, or capable of being folded against the face of the supporting
building.
A temporary sign made of cloth, fabric, paper, nonrigid plastic,
or similar types of material and displayed from a building or structure.
The flood elevation based on engineering calculation for
which there is a 1% chance in any given year that flood levels will
equal or exceed it. The BFE is determined by statistical analysis
of stream flow records for the watershed and rainfall and runoff characteristics
in the general region of the watershed.
A story partly underground and having more than 1/2 of its
height above the average established curb level or finished grade
of the ground adjoining the building. A basement shall be counted
as a story. For the purposes of this chapter, the only differentiation
between a "basement" and a "cellar" (see definition below) is in determining
the height of the structure.
See "tourist home."
A continuous strip of land area covered with grass, vegetation,
trees, embankments or berms, all designed to provide a physical screen
preventing visual access from one use to another and to reduce the
escape and/or intrusion of litter, fumes, dust, noise, or other noxious
or objectionable elements.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing, or enclosure of persons, animals,
property, or business activity.
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside building dimensions measured on
a horizontal plane at ground level.
That percentage of land covered by buildings and structures,
including porches, bays, decks, accessory buildings, etc.
The vertical dimension measured from the average elevation
of the finished grade level at the front of the building to the highest
point of the structure.
A line formed by the intersection of a horizontal plane at
an average grade level and a vertical plane that coincides with the
exterior surface of the building or a projected roof, deck or porch.
The vertical plane will coincide with the most projected surface,
excluding steps and overhanging eaves less than two feet in width.
All yard and setback requirements are measured to the building lines.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A parcel of land used or intended to be used, let, or rented
for transient and seasonal vacation and recreational occupancy by
travel trailers, campers, tents, recreational vehicles, motor homes,
and the motor vehicles propelling or carrying the same.
Any structure, other than an awning, made of cloth, metal,
or wood, with framework supported by the ground. It may be attached
to a building or freestanding.
A structure or building designed for the washing, waxing,
simonizing, or similar treatment of automotive vehicles as its principal
function. A filling station having portable washing equipment shall
not be deemed to be a car wash where such is an accessory service
to the principal service of the filling station.
A space partly underground and having one half or more of
its clear height below finished grade. A cellar shall not be counted
in determining the permissible height of a building in terms of the
number of stories. For the purposes of this chapter, the only differentiation
between a "basement" (see definition above) and a "cellar" is in determining
the height of the structure.
A certificate issued by the Code Enforcement Officer upon
completion of the change in use of an existing building or of a parcel
of land with no buildings. Said certificate shall acknowledge compliance
with all requirements of this chapter.
A certificate issued by the Code Enforcement Officer upon
completion of construction or alteration of a building. Said certificate
shall acknowledge compliance with all of the requirements of the Uniform
Code.
A change of a sign which consists of relocating the sign,
or replacing 25% or more of the advertising copy or sign face or structural
material in the sign. Normal maintenance is not a change which requires
a permit.
An organization catering exclusively to members and their
guests, including premises and buildings for recreational or athletic
purposes, which are not conducted primarily for gain, provided there
are not conducted any vending stands, merchandising or commercial
activities except as required generally for the membership and purposes
of such club or as permitted by separate ordinance or local law.
A development of residential lots, each containing less area
than the minimum lot area required for the zone within which such
development occurs, while maintaining the density limitation imposed
by said minimum lot area through the provision of open space as part
of the site development plan.
Any structure which supports antennas which transmit or receive
information by electromagnetic wave. The attachment of antennas or
similar apparatus to an existing structure supporting another use
shall be included in this definition and shall be bound by the restrictions
applicable to its use. All antennas utilized in one function shall
be considered as one antenna. See also "tower."
An ownership arrangement in which the interior of the unit
is individually owned, while the exterior, including land and facilities
(common elements) is owned in common by all owners in the development.
The owner has title to the interior individual dwelling and a shared
interest in the common elements. Condominiums are governed under Article
9-B of the Real Property Law, also known as the "Condominium Act,"
of the State of New York.
An open, unoccupied space, other than a yard, on the same
lot with a building or group of buildings which is bounded on two
or more sides by such building or buildings. An offset to a court
shall be deemed a separate court for the purpose of determining its
required dimensions.
The maximum horizontal dimension at right angles to the width.
The horizontal dimension parallel to the principal open side
in the case of an outer court; and the least horizontal dimension
in the case of an inner court.
A specific geographic area designated by a state or local
agency, having exceptional or unique characteristics that make the
area environmentally important, based on the criteria set forth in
6 NYCRR 617.14 and the State Environmental Conservation Law, as may
be amended from time to time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line. Where a building is on a corner lot, the curb level is
the average of the mean levels of the curb on the two intersection
streets. Where no such grade has been established, the Superintendent
of Public Works shall establish the curb level for the purposes of
this chapter.
A facility duly permitted by the New York State Department
of Social Services for the care of either six or more children or
six or more adults for less than 24 hours a day on a regular basis.
A building used primarily for the preparation and sale of
ready-to-eat food products (such as cooked meats, prepared salads,
and desserts) not for consumption on the premises.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, paving, excavation, or drilling operations.
See "restaurant, drive-in."
A commercial facility which provides a service directly to
a motor vehicle or where the customer drives a motor vehicle onto
the premises and to a window or mechanical device through or by which
the customer is serviced without exiting the vehicle. This shall not
include the selling for fuel at a gasoline filling station or the
accessory functions of a car wash facility such as vacuum cleaning
stations. A drive-through facility shall not be considered a completely
enclosed building. Automated teller machines and drive-in bank tellers
shall be considered drive-through facilities.
A roadway providing a means of access from an approved road
to not more than one lot, and having a minimum of 60 feet of right-of-way
frontage on said approved road.
A building designed or used for one or more families or individuals.
The term "dwelling" shall not be deemed to include a motel, hotel,
boarding house, or travel trailer. See also "building" and "structure."
A building or portion thereof providing housekeeping facilities,
including cooking and sanitary facilities, designed and used for occupancy
by a single family or persons living as a single nonprofit housekeeping
unit.
A living unit which is accessory to a single-family dwelling
but shares kitchen facilities with the principal dwelling unit. Each
accessory apartment unit floor area shall not exceed 50% of the principal
dwelling unit nor more than 750 square feet.
A factory-built residential dwelling unit designed to be
occupied as a single-family dwelling, complete and ready for minor
and incidental unpacking and assembly operations, placement on a permanent
foundation, and connections to utilities. Manufactured housing must
be built after July 15, 1976, and shall meet the National Manufactured
Home Construction Safety Standards as set forth by the U.S. Department
of Housing and Urban Development (HUD). This definition specifically
does not include so-called "modular homes" where the chassis upon
which the unit or part of a unit transported is not a part of the
structure of the unit itself. This definition specifically does include
both the so-called "single-wide" and "double-wide" units which have
been issued the said HUD seal. A travel trailer shall not be considered
as a manufactured dwelling.
A residential building designed for or occupied by three
or more families living independently of each other, with the number
of families in residence not exceeding the number of dwelling units
provided.
A series of multiple-family dwellings, designed and built
as an integrated development with a common architectural style.
A residential dwelling unit other than a mobile home designed
for and occupied exclusively by one or more persons living as a single
nonprofit housekeeping unit.
A residential building containing two dwelling units designed
for occupancy and used exclusively by two families living independently
of each other. A "duplex" is a two-family dwelling which is designed
with a common wall.
A specified (limited) use of private land for a public or
quasi-public purpose.
A nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid foundation perimeter
walls, pilings, columns (posts and piers), or shear walls.
The erection, construction, alteration, or maintenance by
public utilities or any governmental department or commission of underground
or overhead gas, electrical, telecommunications, or water transmission
and/or distribution systems, including poles, wires, drains, sewers,
pipes, conduits, cables, towers, fire alarm boxes, police call boxes,
traffic signals, hydrants, and other similar equipment and accessories
in connection therewith, which are reasonably necessary:
The process of the removal of sand, gravel, soil (including
topsoil), or other natural deposits by stripping, digging or other
means.
A parcel of land used for the purpose of extracting stone,
sand, gravel, or topsoil for sale as an industrial or commercial operation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
One or more persons, whether related or not by birth, blood,
marriage, or other domestic bond, occupying a dwelling unit and living
as a single nonprofit housekeeping unit.
Any parcel which is used for agricultural production or customary
farming activities. It includes necessary farm structures and the
storage of equipment used.
A barrier of wood, masonry, wire mesh or other material,
including landscaping, which prohibits or inhibits unrestricted travel
or view between properties or portions of properties or between the
street or public right-of-way and a property.
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail directly from
pumps and storage tanks. A filling station may include accessory facilities
for rendering service for motor vehicles, such as lubricating, washing,
and minor repairs.
The level where the finished grade of the ground intersects
the foundation walls. Height measurements shall be based from the
finished grade level.
See "lot, flag."
The sale of goods or services by one or more vendors on a
site and primarily out-of-doors but from within stalls, booths, or
other specified sales locations. The term as defined excludes yard
sales and garage sales at a private residence.
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining:
Caused by waves or currents of water exceeding anticipated cyclical
levels; or
Suddenly caused by an unusually high water level in a natural
body of water accompanied by a severe storm; or
By an unanticipated force of nature, such as a flash flood or
an abnormal tidal surge; or
By some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A above.
The operation of a program of corrective and preventive measures
for reducing flood damage, including, but not limited to, flood control
projects, floodplain land use regulations, floodproofing of buildings
and emergency preparedness plans.
Any land area susceptible to flooding.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents.
See "regulatory floodway."
The sum of the gross horizontal areas of several floors of
a building or buildings, measured from the inside faces of exterior
walls or from the center line of walls separating two uses. For the
purpose of applying the requirements for off-street parking and loading
in the case of offices, merchandising, or service types of uses, gross
floor area shall not include areas used principally for nonpublic
purposes such as storage, restrooms, fitting or alteration rooms,
general maintenance, cellars or enclosed pedestrian malls or corridors.
The horizontal area of any floor of a building designed and
intended for living purposes, which includes working, sleeping, eating,
cooking or recreation or a combination thereof. A floor used only
for storage purposes is not a habitable floor. All dimensions shall
be measured from the interior faces of exterior walls or from the
center line of the base of walls separating two dwelling units.
Any side of a building that contains the main public entrance
to a business located in that building.
The periodic sale of household items or other tangible personal
property which is advertised to the public at large.
An accessory building which provides for the storage of motor
vehicles or household items by the occupants on the lot upon which
it is erected, with no provision for repairing or servicing such vehicles
for profit.
Any garage other than a private garage operated for gain,
available to the public, which is used for the storage, repair, servicing
or rental of motor vehicles.
See "open space."
The water lying below the earth's surface in a saturated
zone where the interconnected openings between said particles are
filled with water.
The specific geographic area designated by the Village Board
wherein many or most of the buildings are of historic significance
or have some architectural features which are deemed of significance
to the community. For the purposes of this chapter, the delineation
of this designated geographic area shall be in the form of an overlay
zoning district.
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, day care, nursing facilities, or instruction
of groups in excess of four people, motor vehicle repair, machine
shops, welding and fabrication, or furniture repair involving dipping
tanks and stripping.
See "motel."
As used for gasoline-dispensing units, a raised section surrounded
by curbing, in which the pumps are located. Typically, two two-sided
pumps are installed on each island, for service to four vehicles simultaneously.
Includes scrap metals and their alloys; bones; used materials
and products, such as rags and cloth, rubber, rope, tinfoil, bottles,
old tools and machinery, fixtures and appliances, lumber, boxes or
crates, pipe and pipe fittings; and other manufactured goods so worn,
deteriorated, or obsolete as to make them unusable in their existing
condition.
A lot, land, or structure, or part thereof, where junk, waste,
or discarded or salvaged materials are stored, bought, sold, exchanged,
sorted, baled, packed, disassembled, handled, or abandoned, including:
The term "junkyard" shall not include:
Pawn shops and establishments for the sale, purchase or storage
of used furniture, household equipment and clothing, or for processing
of used, discarded or salvaged materials as part of manufacturing
operations.
New and/or used motor vehicles which are operable, qualify for
a current New York State motor vehicle inspection sticker under Article
5 of the New York Vehicle and Traffic Law and are offered for sale
to the public on premises on which new or used car sales may be conducted
in accordance with the provisions of these regulations.
The storage of vehicles subject to seasonal use such as travel
trailers and snowmobiles even though such vehicles may be unlicensed
during the part of the year they are not in use.
Any premises on which four or more dogs of licensing age,
as defined by the New York State Agriculture and Markets Law, are
kept, bred, and/or boarded.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The area required or permitted to be devoted to landscaping
and environmental improvement, which may include existing and new
vegetation, berms, lighting, street furnishings, and ornamental features
which are integrated with the vegetation.
A building premises equipped with individual clothes washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory in a multifamily dwelling.
Space logically and conveniently located for public pickups
and deliveries, scaled to delivery vehicles expected to be used and
accessible to such vehicles. Required off-street loading space is
not to be included as off-street parking space in the computation
of required off-street parking area.
A room rented as sleeping and living quarters, without cooking
facilities and with or without an individual bathroom.
A parcel of land considered as a unit, devoted to a certain
use, and occupied or capable of being occupied by a building or group
of buildings that are united by a common interest or use and the customary
accessory uses and open space belonging to same.
The square footage or acreage contained within the boundaries
of a lot. Any portion of a lot included in a public road, street,
or highway right-of-way shall not be included in calculating lot area.
That percentage of the lot area which is devoted to buildings,
structures, patios, decks, parking, driveways, and any other hard
surfaces.
The minimum horizontal distance from the street line of a
lot to its opposite rear line, measured in the general direction of
the side lines of the lot.
The front of a lot shall be construed to the portion nearest
the street. For the purposes of determining yard requirements on corner
lots and through lots, all sides of a lot adjacent to streets shall
be considered front yards.
The property lines bounding the lot:
LOT LINE, FRONTThe line separating the lot from a street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
A lot which is part of an approved subdivision recorded in
the office of the County Clerk or a lot described by metes and bounds,
the description of which has been so recorded.
The distance between the side lot lines measured parallel
to the street line at the front setback line.
A parcel of land at the junction of, and fronting on, two
or more intersecting streets. All corner lots shall be deemed to have
two front yards, two side yards and no rear yard.
An approved lot having less frontage than otherwise normally
required for the zoned district, but in no instance less than 60 feet
in lot width, and that provides access to the interior portion of
the lot which contains the minimum lot area requirements for said
district. The access portion of the flag lot shall not be considered
buildable and may not be used in calculation of the minimum lot area
requirements for the zoned district.
The panhandle portion of a flag lot having at least 60 feet
in lot width and that provides an access corridor between a public
road, street, or highway right-of-way to the interior portion of a
flag lot.
That portion of a flag lot having lot lines which otherwise
meet the width and depth requirements of the zoned district.
A lot which is not a corner lot and which has frontage on
two streets
A parcel of land under single ownership on which two or more
mobile homes are occupied as residences, or which is planned and improved
for the placement of two or more mobile homes for nontransient residential
use or for the sale or rental of two or more mobile home lots.
A building or buildings containing sleeping units for transient
guests, each with private bathrooms, and providing accessory off-street
parking facilities; and which may include restaurant facilities, but
shall not include separate cooking facilities for each sleeping unit;
and which may include a dwelling unit for a bona fide caretaker or
operator. The term "motel" includes hotels, auto courts, motor lodges
and similar terms. Each sleeping unit shall contain not less than
240 square feet of living space.
Every vehicle which is propelled by any power other than
muscular power, except electrically driven invalid chairs being operated
or driven by an invalid. Motor vehicles shall include but not be limited
to automobiles, trucks, boats, all-terrain vehicles, snowmobiles,
etc.
Any building, structure or land used to disperse, sell, or
offer automotive fuels, oils, or accessories, including lubrication,
washing, polishing, or cleaning, and the replacement or installation
of parts and accessories to passenger automobiles or trucks not exceeding
1 1/2 tons.
The atmosphere or physical environment which is created by
the combination of land use and buildings within an area. Neighborhood
character is established and influenced by land use types and intensity,
traffic generation, and also by the location, size, and design of
structures, as well as the interrelationship of all these features.
Pursuant to § 22.8 of 13 NYCRR and Article 23-A
of the General Business Law, a no-action application is required to
be filed with the State Attorney General's office in order to request
a no-action letter. Said letter is received from the Department of
Law and states that no enforcement action will be taken because the
transaction described in the no-action application does not require
the filing of an offering plan in compliance with § 352-e
of the General Business Law to protect the public interest. (See Appendix
FF of the Village of Bloomfield Subdivision Regulations for sample.[1])
Any lawful building or structure existing at the date of
enactment of this chapter which in its design or location upon a lot
does not conform to the regulations of this chapter for the district
in which it is located.
A lot of record existing at the date of the enactment of
this chapter which does not have the minimum width, depth, or area
for the district in which it is located, and where the owner(s) of
said lot does not own any adjoining property, the resubdivision of
which would create one or more conforming lots.
Any use of land, buildings, or structures lawfully existing
on the date of enactment of this chapter which does not conform to
the use regulations of the district in which it is situated.
A place providing or designed to provide daytime care or
instruction for three or more children from two years to five years
of age away from their home for up to four hours per day.
Any outdoor fire or outdoor smoke-producing process from
which air contaminants are emitted directly into the outdoor atmosphere.
Any unoccupied space open to the sky on the same lot with
a building, but not including vehicular roadways, driveways, parking
areas, sidewalks, patios, and other hardscape improvements.
Any area on a lot used for the storing of materials, equipment,
or vehicles used in conjunction with the permitted use.
A space adequate for parking an automobile and having an
area of not less than 200 square feet per vehicle, exclusive of passageways
and driveways appurtenant thereto. Such space shall be located on
the lot it is accessory to and shall have direct access to a street
or public way.
A wall used or adapted for joint service between two or more
townhouse or duplex units which shall be constructed with a fire-resistance
rating as required by the NYS Uniform Fire Prevention and Building
Code.
A specific principal use of a building, structure, lot, or
land which this chapter provides for in a particular district.
Any container, storage unit, shed-like container or other
portable structure that can be or is used for the storage of personal
property of any kind and which is located outside an enclosed building
and which is not part of a motor vehicle.
A building in which is conducted the main or principal use
of the lot on which said building is located.
The main or primary purpose for which a building, structure,
or lot is to be used.
At least 51% of the actual cash value of the structure, excluding
land value, is above the ground.
Access to more than one principal building possessing a right-of-way
width of not less than 60 feet, and which access is not dedicated
to the Village but has been approved by the Village Planning Board.
A use of a building, structure, lot, or land, or part thereof,
which is not listed as a permitted, accessory use, or special permit
use.
As used in this chapter, are intended to designate any one
or more of the following uses, including grounds and accessory buildings
necessary for their use:
Churches, places of worship, parish houses, and convents.
Public parks, including golf courses, playgrounds, and recreational
areas, when authorized or operated by a governmental authority.
Nursery schools, elementary schools, secondary schools, colleges,
or universities having a curriculum approved by the Board of Regents
of the State of New York.
Public libraries, museums, historical societies, and art galleries.
Administrative office buildings and related facilities operated
by public agencies.
Fire, ambulance, public safety, and public works buildings.
Hospitals for the care of human beings, nursing homes, convalescent
homes, homes for adults, homes for the aged, or residences for adults
as the same are defined under the Public Health Law or the Social
Services Law of the State of New York, provided that they are duly
licensed by the State of New York.
Membership corporations established for cultural, social, or
recreational purposes.
Day-care centers approved by the New York State Department of
Social Services.
A vehicle type unit primarily designed as temporary living
quarters for recreational, camping, or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle.
The basic entities are:
TRAVEL TRAILERA vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and of a body width of no more than eight feet and a body length of no more than 38 feet when factory-equipped for the road.
CAMP TRAILERA portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
TRUCK CAMPERA portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck. Truck campers are of two basic types:
SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
CHASSIS-MOUNT CAMPERA. portable unit designed to be affixed to a truck chassis.
MOTOR HOMEA vehicular unit built on a self-propelled motor vehicle chassis.
The channel of a watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated
height as determined by the Federal Emergency Management Agency in
a flood insurance study or by other agencies as provided in this chapter.
One car length of paving outside a drive-through facility
or car wash which is provided as a space on which to stop a vehicle
before entering the facility or upon exiting the facility but before
pulling out into traffic.
Any establishment, however designated, at which food and
drinks are sold to patrons for consumption on the premises, and is
equipped with seating facilities, and where the taking of food and
drink from said building is incidental. The term restaurant shall
include bars and taverns licensed to sell alcoholic beverages for
on-premises consumption. However, a snack bar refreshment stand at
a public, semipublic, or community swimming pool, playground, playfield,
or park operated by the agency, groups, or approved vendor operating
the recreational facilities and for the convenience of the patrons
of the facility shall not be deemed to be a restaurant.
An establishment where food, soft drinks, ice cream, and
similar confections are sold for principal consumption outside the
confines of the principal building or in automobiles, regardless of
whether or not seats are provided for patrons.
The line determining the streets or highway limit of public
ownership.
A retail outlet, with all related structures, for the sale
of farm produce grown on the farm upon which such stand is located
A dwelling other than a hotel, motel, or tourist home, where
more than two persons are housed or lodged for hire with or without
meals. A rooming house is distinguished from a tourist home in that
it is designed to be occupied by longer-term residents as opposed
to overnight or weekly guests.
Solid or liquefied waste material, including, but not limited
to, paper and paper products; rags; trees or leaves, needles, or branches
therefrom; vines; lawn and garden debris; furniture; cans; crockery;
plastics; cartons; chemicals; paint; grease; sludge; oils or other
petroleum products; wood; building materials; demolition materials;
and tires.
A combination of an antenna whose purpose is to receive communications
or other signals from orbiting satellites and other terrestrial or
extraterrestrial sources; and a low-noise amplifier whose purpose
is to carry signals into the interior of a building.
The horizontal distance between the street line, rear, or
side lines of the lot and the front, rear, or side lines of the building.
All measurements shall be made at right angles to or radially from
the lot lines to the building lines. Setbacks from street lines to
building lines are defined as "front setbacks." Setbacks from side
lot lines are "side setbacks." Setbacks from rear lot lines are "rear
setbacks."
Any act of masturbation, fellatio, sadomasochism, sexual
intercourse, or physical contact with a person's clothed or unclothed
genitals, pubic area, or buttocks.
A group of stores, shops, and similar establishments occupying
adjoining structures, or two or more commercial buildings located
on a single lot or adjacent lots, with such buildings developed as
part of a single integrated development with a common architectural
design.
Any material, structure, or part thereof, or any device attached
to a building or structure or painted or represented thereon, composed
of lettered or pictorial matter, or upon which lettered or pictorial
matter is placed, and which is intended for display of an advertisement,
notice, directional matter, or name. Signs include sign frames, billboards,
sign boards, illuminated signs, pennants, fluttering devices, projecting
signs, or ground signs.
The area of a sign consisting of the entire surface of any
regular geometric form or combinations of regular geometric forms,
comprising all of the display area of the sign and including all of
the elements of the matter displayed, but excluding supporting or
structural members not bearing advertising matter.
A sign which represents or displays any reference to a business
or use which has been discontinued for more than 45 days, or any sign
advertising an event for which 48 hours has elapsed since the conclusion
of the event.
The outer surface of a building which is visible from any
private or public street, highway, or driveway, including window display
areas.
A sign which directs attention to a business, profession,
or industry conducted upon the premises or to a commodity or service
sold or offered by such business, profession, or industry upon the
premises where such sign is located.
Any sign erected that identifies or pertains to either a
commercial enterprise or a product, commodity, or service offered
by a commercial enterprise.
An on-premises sign that directs attention to the location
of a local service or place of business.
The construction, alteration, repair, display, location or
relocation, attachment, placement, suspension, or maintenance of any
sign, including the painting of exterior wall signs and the use of
any vehicle or other substitute for a sign.
An exterior sign which is self-supported by use of poles,
uprights, or braces in a fixed location, and in or on the ground,
and not attached to a building, but not including A-board or sandwich
board signs.
A permanent, freestanding sign erected in or on the ground,
and which contains no free air space between the ground and the top
of the sign.
A sign lighted by electricity, gas, or other artificial light,
including reflective or phosphorescent light, paint, or tape.
Any light, string, or groups of lights located or arranged
so as to cast illumination on or from a sign.
A sign which exists at the time of enactment of this chapter
and which does not conform to the regulations and restrictions imposed
herein.
A sign which directs attention to a business, profession,
or industry conducted or a commodity or service sold or offered on
a site other than upon the premises where such sign is located.
Any sign which is readily capable of being moved or removed,
whether attached or affixed to the ground or any structure that is
designed, constructed, and typically intended for temporary display.
Portable signs include, but are not limited to:
Signs posted or displayed upon a movable chassis or support
with or without wheels;
A-frame signs;
Wooden, cardboard, metal, or plastic stake or yard signs;
Posters or banners affixed to windows, railings, overhangs,
trees, hedges, or other structures or vegetation;
Signs mounted on vehicles parked and visible from the public
right-of-way, except signs mounted upon vehicles that are being primarily
used for normal day-to-day commercial or noncommercial transportation
purposes, and not primarily for advertising or display purposes, and
except for signs advertising for sale the vehicle upon which the sign
is posted;
Searchlights;
Balloons or inflatable signs over 24 inches in diameter and
similar devices of a carnival nature.
A sign which is attached to the exterior of a building or
a structure beyond the surface of that portion of the building or
structure to which the sign is attached and not parallel to the face
of the building.
Any sign constructed on or supported by the roof of any building
or structure.
A portable small sign, either single- or double-face, upon
which is generally placed advertising copy denoting products being
offered upon the premises on which such signs are placed.
Any statue containing a sign as defined herein.
A sign which is intended to advertise community or civic
projects, real estate for sale or lease, or other special events on
a temporary basis.
A plan, to scale, showing uses and structures proposed for
a parcel of land, including lot lines, streets, existing and proposed
buildings, signs, utilities, structures, topography, rights-of-way,
parking areas, landscaping, open space, and any other information
deemed necessary by the Planning Board.
Human male or female genitals, pubic areas, or buttocks with
less than a fully opaque covering.
Area of spontaneous surface or near-surface discharge of
groundwater
An area comprised of stacking spaces and driving lanes provided
for vehicles waiting for service at a drive-through facility that
is physically separated from other traffic, parking spaces, and pedestrian
circulation on the site.
That portion of a building between the surface of any floor
and the surface next above it; if there be no floor above it, then
the space between the floor and the ceiling next above it. A basement
shall be counted as a story, but a cellar shall not be counted as
a story.
A story with at least two opposite exterior sides meeting
a sloping roof not more than four feet above the floor of such story
and having a ceiling height of at least 7 1/2 feet over not more
than 1/2 the total floor space.
A public or private thoroughfare which affords the principal
means of access to abutting properties.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
The right-of-way line of a street; the front lot line; the
line separating a lot from a street.
Anything constructed or erected which requires temporary
or permanent support or attachment to the ground, beneath the ground,
or to something having permanent location on the ground, including
gasoline and oil tanks, buildings, mobile homes, signs, billboards,
towers, antennas, and satellite TV dishes.
The division of any parcel of land into two or more lots,
plots, or sites, or other division of land for the purpose, whether
immediate or future, of transfer of ownership of building development.
"Subdivision" shall include resubdivision.
Any repair, reconstruction, alteration, or modification of
a building, the cost of which equals or exceeds 50% of the market
value of the building either before the improvement or repair is started;
or, if the building has been damaged and is being restored, before
the damage occurred. The Code Enforcement Officer shall determine
the value of the improvements to be made, based upon the square footage
of building area added or improved. For the purposes of this definition,
substantial improvement is considered to occur when the first alteration
of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions
of the building. The term does not, however, include either:
Any project for improvement of a building to comply with existing
state or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions; or
Any alteration of a building listed on the National Register
of Historic Places or a state inventory of historic places.
Any receptacle for a body of water which has a capability
of a depth of more than two feet at any point, used or intended to
be used for swimming, bathing, or wading, and installed or constructed
above- or belowground. The term does not apply to ponds, lakes, or
drainage control facilities (i.e., detention or retention ponds).
A swimming pool having more than 3/4 of its water content
above the level of the surrounding ground.
A swimming pool having 3/4 or more of its water content below
the level of the surrounding ground.
An activity conducted for a specific limited period of time
which may not otherwise be permitted by the provisions of this chapter.
Examples of such uses are structures incidental to new construction
which shall be removed after the completion of the construction work.
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation. For purposes of
this chapter, "tourist home" shall include bed-and-breakfast establishments.
Includes any structure, including dish antennas more than
one meter in diameter in a residential district and two meters in
a commercial/industrial district, whether attached to a building or
freestanding, and whether guyed or self-supporting, designed to be
used as (or for) the support of:
Devices used in the transmission and/or reception of radio frequency
signals or microwaves, such as, but not limited to, broadcast, shortwave,
citizens band, cellular communications, paging, FM, or television
signals; or
Wind-driven devices such as energy converters and wind speed
and/or direction indicators, or any energy-creating enterprises.
Any structure or use, whether regulated by a governmental
agency or not, which transmits or receives information for profit
and cannot be considered for public.
Any structure for ham, TV, radio, telephone, and similar
transmitters and receivers used for private enjoyment and not-for-profit
voluntary applications. Does not include commercial applications except
for uses which comply with the following restrictions and which support
a permitted home occupation. Permitted use in any district.
Any structure or those necessary governmental uses for the
public safety and those uses which the courts have defined as "essential
services." These uses are to comply with the current zoning law affecting
commercial towers.
Facilities which may include construction of towers and/or
installation of antennas of personal, public, or commercial use.
An independent single-family dwelling unit which is one of
a series of dwelling units, having a common party wall between each
adjacent unit, each with private outside entrance.
A building, or group of buildings, with each building containing
not more than eight townhouse dwelling units connected by common party
walls.
A tract of land adequately sized to accommodate the construction
of townhouse dwelling units in accordance with the density standards
contained elsewhere in these regulations.
A person residing at one location for a continuous period
of fewer than 30 consecutive days in any given calendar year.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Land and buildings used as a relay station for the transfer
of a load from one vehicle to another. The terminal cannot be used
for permanent or long-term accessory storage for principal land uses
at other locations. The terminal facility may include storage areas
for trucks and buildings for the repair of trucks associated with
the terminal.
The New York State Uniform Fire Prevention and Building Code
A use which, because of its unique characteristics, requires
individual consideration in each case by the Planning Board before
it may be permitted in the district enumerated in this chapter. (See
"use, special permit.")
Authorization of a particular land use which is permitted
in zoning, subject to requirements or conditions imposed to protect
the health, safety and welfare of the neighborhood. Such uses may
be permitted in a zoning district as a special permit use only if
specific provision for such special permit use is made in this chapter.
A relaxation of the terms of this chapter which, in the determination
of the Board of Appeals, would not be contrary to the public interest
and which satisfies the conditions spelled out in state law relative
to the issuance of variances.
Authorization by the Zoning Board of Appeals for the use
of land in a manner which is not allowed by the dimensional requirements
set forth in this chapter, as may be amended from time to time.
Authorization by the Zoning Board of Appeals for the use
of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations of the Village of Bloomfield.
A structure of wood, stone, or other materials or combination
thereof intended for security, screening, or enclosure, or for the
retention of earth, stone, fill, or other materials as in the cases
of retaining walls or bulkheads.
Any material temporarily or permanently discarded or unwanted,
for subsequent disposal.
Any material which is defined by the Environmental Protection
Agency as containing toxic, ignitable, corrosive, explosive, or radioactive
elements which present a threat to the public's health, safety, or
general welfare.
An area from which water drains to a single point; in a natural
basin, the "watershed" is the area contributing flow to a given place
or a given point on a stream.
Any present and future spring or artificial excavation used
as a source of public water supply which derives water from the interstices
of the rocks or soils which it penetrates; includes bored wells, drilled
wells, and driven wells; excludes ditches or tunnels that lead groundwater
to the surface by gravity.
A parcel of publicly owned land containing wells or springs
which serve as the source of public water supply for the Village.
The point on a parcel of land where a water well, spring
outlet, or well field is located.
The surface and subsurface area surrounding a public spring water well or well field supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or well field. (Refer to Chapter 132, Watershed Regulations, of the Code of the Village of Bloomfield.)
Activities affecting lands and waters of the United States
which contain soils, hydrologic, or vegetative characteristics, regardless
of land area, as further defined under Section 404 of the federal
Clean Water Act,[2] including wetlands. All activities affecting these lands
shall be in accordance with Regulatory Guidance Letters issued by
the Buffalo Area office of the U.S. Army Corps of Engineers and authorization
through either the Nationwide Permit Program (33 CFR Part 330) or
an individual permit (33 CFR Part 325) prior to commencing mechanized
land-clearing activities.
Lands and waters of the State of New York containing vegetation
as described in Article 24 of the State Environmental Conservation
Law (the Freshwater Wetlands Act).
An alternate energy device which converts wind energy by
means of a rotor to mechanical or electrical energy. A wind generator
may also be deemed a "windmill."
A required open space unoccupied and unobstructed by any
structure or portion of a structure, except as may be provided by
this chapter, and situated between the principal building or group
of buildings and the nearest lot line.
A yard extending between the side lot lines, across the front
of a lot, and adjoining a street; situated between the street line
and the front building line.
A yard extending between the side lot lines, situated between
the rear line of the building and the rear lot line. In the case of
through lots, there will be no rear yards, but only front and side
yards.
A yard extending between the side building line and the nearest
side lot line; situated between the front and rear yards.
