The regulations set by this chapter shall be
the minimum regulations within each district and shall apply uniformly
to each class or kind of structure or use of land, except as hereinafter
provided:
A. No building, structure or land shall hereafter be
used or occupied, and no building or structure or part thereof shall
hereafter be erected, constructed, reconstructed, moved or structurally
altered, except in conformity with all the regulations herein specified
for the district in which it is located.
B. No building or structure shall hereafter be erected
or altered which:
(1) Exceeds the height limitation for any structure within
a specified district;
(2) Accommodates or houses a greater number of dwelling
units;
(3) Occupies a greater percentage of lot area; or
(4) Has narrower or smaller yards or other open spaces
than herein required or is in any other manner contrary to the provisions
of this chapter and the requirements of the New York State Uniform
Code.
C. No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with the regulations set forth herein shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building, except as provided in Article
XII.
D. No yard or lot existing at the time of enactment of
this chapter shall be reduced in dimension or area below the minimum
requirements set forth herein. Yards or lots created after the effective
date of this chapter shall meet or exceed the minimum requirements
established herein.
E. Only two unlicensed, unregistered vehicles would be
stored on any lot, behind the front line of the principle residence
and within the setback requirements of an accessory structure within
that district.
F. The parking of not more than two unregistered motor vehicles for
sale on the premises of the principal residential structure, subject
to the following conditions:
[Added 8-22-2016 by L.L.
No. 2-2016]
(1) Up to five unregistered vehicles for which the resident holds title
thereto may be sold or offered for sale in any twelve-month period.
(2) Each vehicle to be displayed for sale shall require a temporary use
permit issued by the Code Enforcement Officers and shall be affixed
to the inside window of said vehicle. Said permit shall state the
Town of East Bloomfield has no liability as to the warranty or condition
of said motor vehicle.
(3) Each temporary use permit shall be valid for a period of 60 days
and may be renewed by the Code Enforcement Officer once for an additional
period not to exceed 60 days.
(4) In no event shall a vehicle be displayed for sale which exceeds 120
days during any twelve-month period commencing with the date of first
issuance of the temporary use permit.
(5) Each vehicle displayed for sale shall have a sign affixed to the
vehicle's windshield advertising the vehicle for sale and the phone
number of the owner. In addition, a single price sign may be affixed
to the vehicle's windshield stating the asking price of the vehicle.
(6) No unregistered vehicle advertised for sale shall be parked within
any public right-of-way and not closer than 15 feet to a property
line.
G. A ground-mounted satellite dish is subject to the minimum setback
requirements. Not more than one dish not more than 12 feet in diameter
and 16 feet in height may be permitted for each property. A site development
permit issued by the Code Enforcement Officer shall be required prior
to erecting such satellite dish. (This regulation does not apply to
TV satellite dishes three feet in diameter or smaller.) Although locations
in side and rear yards are encouraged, a ground-mounted satellite
dish may be located in a front yard if the applicant can demonstrate
to the satisfaction of the Planning Board that locating the dish in
either side or rear yard would not provide adequate reception.
[Added 8-22-2016 by L.L.
No. 2-2016]
H. 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.
[Added 8-22-2016 by L.L.
No. 2-2016; amended 9-13-2021 by L.L. No. 4-2021]
(1) Height restrictions. 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.
(2) Site plan review. Roof-mounted solar energy systems shall be exempt
from site plan review under the local zoning code or other land use
regulations. All solar energy system installations must be performed
in accordance with all applicable electrical and building codes, manufacturer's
instructions, and industry standards. Prior to the operation of the
solar energy system, it must be inspected by the Code Enforcement
Officer or by an appropriate electrical inspector or agency. When
mechanical equipment, batteries, or storage cells are included as
part of the solar energy system, they must be placed in a secure container
or enclosure in compliance with New York State Building Code. Where
site plan approval is required elsewhere in the regulations of the
Town, the site plan review shall include review of the adequacy, location,
arrangement, size, design, and general site compatibility of the proposed
solar energy system. Although locations in side and rear yards are
encouraged, a ground-mounted solar panel may be located in a front
yard if the applicant can demonstrate to the satisfaction of the Planning
Board that locating such solar arrays in the side or rear yard would
not provide adequate coverage.
(3) Abandonment. When no longer in use, solar energy systems shall be
disposed of in accordance with the laws and regulations of Ontario
County and other applicable laws and regulations. If a solar energy
system ceases to perform its originally intended functions for more
than 12 consecutive months, it will be deemed abandoned and shall
be removed within 90 days. Applications for extensions are reviewed
by the Code Enforcement Officer. Extensions are limited to 90 days.
(4) Reflective glare. All solar panels and solar energy systems shall
be situated to prevent reflective glare toward any inhabited buildings,
adjacent properties, or public roads.
(5) Setbacks. A ground-mounted solar array is subject to the minimum
setback requirements for an accessory structure. Height and setbacks
for ground-mounted solar energy systems shall adhere to the setback
requirements and a maximum height of 15 feet.
[Added 3-13-2023 by L.L.
No. 1-2023]
A. Legislative intent. The purpose of this section establishing a Mixed
Use Zoning District is to create opportunities within the Town of
East Bloomfield for a compatible mix of land uses, including residential,
retail and professional offices.
B. Authority. This section is adopted pursuant to the New York State
Constitution and New York Municipal Home Rule Law § 10.
C. Permitted uses.
(1)
Governmental, business, professional and medical offices.
(3)
Retail business establishments which are clearly of a community
service character, such as but not limited to the following:
(a)
Stores selling groceries, meats, baked goods and food items.
(c)
Variety and general merchandise stores, except for adult bookstores.
(d)
Gift, craft and tourist shops.
(e)
Clothing and furniture stores.
(f)
Hardware, appliance, electrical, heating, plumbing and automotive
supplies, specifically excluding motor vehicle sales and repair shops
and gasoline service stations.
(i)
Dance, art and music studios.
(j)
Wineries, breweries, microbreweries, food services.
D. Subject to the following requirements and approval by the Planning
Board, a principal building may contain a combination of residential
and commercial uses:
(1)
All residential use shall be on the second or third floor of
the principal building.
(2)
All residential uses shall meet all New York State Building
and Department of Health Code requirements.
(3)
No more than two single-family units shall be permitted above
an allowable commercial use, and every single-family unit shall include
no more than two bedrooms.
(4)
Every residential unit shall require two parking spaces.
(5)
Entrances to all second or third story residential units shall
be separate and distinct from the entrance to the principal building.
(6)
Utilities to all second or third story residential units shall
be separate and distinct and also separate from the commercial use
of the principal building.
E. Dimensional requirements. The dimensional requirements for the Mixed
Use District shall not exceed those dimensions set forth in the Community
Commercial (CC) District identified in Schedule I of the Zoning Code
of the Town of East Bloomfield.
F. Sign regulations. Signs are permitted in accordance with the provisions of Article
XIII of the Town of East Bloomfield Zoning Code.