[Amended 12-27-2005 by L.L. No. 7-2005]
A.
Establishment of districts.
(1)
The zoning districts listed below are hereby established
and the Town of Blooming Grove is divided into the districts listed:
[Amended 12-13-2017 by L.L. No. 13-2017]
|
Symbol
|
Zoning District
|
|---|---|
|
RR
|
Rural Residential District
|
|
RC-I
|
Rural Crossroads I District
|
|
RC-II
|
Rural Crossroads II District
|
|
ORI
|
Office Research/Light Industrial District
|
|
NNI
|
Non-nuisance Industrial
|
(2)
The overlay districts listed below are hereby established:
[Amended 9-7-2021 by L.L. No. 2-2021]
|
Symbol
|
Overlay District
|
|---|---|
|
SG
|
Scenic Gateways Overlay District
|
|
SV
|
Scenic Viewshed Overlay District
|
|
RL
|
Ridgeline Overlay District
|
|
SR
|
Scenic Roads Overlay District
|
|
SW
|
Surface Water Overlay District
|
|
M
|
Mining Overlay District
|
B.
Intent of districts.
(1)
Intent of districts.
(a)
Rural Residential District. The purpose of this
district is to promote the Town's rural character, protect open space
and environmentally sensitive resources, and to guide residential
development in a manner that is consistent with the Town's Comprehensive
Plan.
(b)
Rural Crossroads I District. The purpose of
the RC-I District is to promote the traditional development pattern
in which commercial and residential uses would be located at the intersections
of rural roads, in a manner compatible with the Town's rural character.
(c)
Rural Crossroads II District. The purpose of
the RC-II District is to establish a new focal point for the Town's
public institutions and support a mix of both commercial and residential
uses.
(d)
Office Research/Light Industrial District. The
purpose of the ORI District is to allow areas of well-buffered light
industrial, service commercial, office and research facilities with
minimal visual impacts.
(e)
Non-nuisance Industrial District. The purpose of the NNI District
is to allow areas of well-buffered light industrial, service commercial,
office and research facilities with minimal impacts to adjoining residential
neighborhoods.
[Added 12-13-2017 by L.L.
No. 13-2017]
(2)
Overlay districts. The purpose of overlay districts
in this Zoning Code is to protect specific types of resources such
as scenic viewsheds, scenic roads, and ridgelines. Overlay districts
do not change the use and dimensional requirements of the underlying
land use districts unless specifically so stated. They do impose specific
requirements that must be followed. Three visually sensitive districts,
Scenic Roads, Ridgeline, and Scenic Viewshed, will require an additional
visual assessment review in order to obtain approval. On any given
parcel of land, more than one overlay district may apply, and the
Planning Board shall have the discretion to determine how best to
reconcile the requirements of different overlay district. Unless there
is a sound reason to do otherwise, the more restrictive requirements
will apply.
(a)
Scenic Gateways Overlay District. The purpose
of this overlay district is to protect those areas defined as Town
Gateways in order to foster civic pride, promote healthy economic
development, and maintain and preserve cultural identity.
(b)
Scenic Viewshed Overlay District. The purpose
of this overlay district is to protect areas of scenic importance.
This district serves to provide additional protection to ensure the
preservation of scenic qualities, which include landscaping and site
design, the preservation of native vegetation, and the design of buildings
and structures.
(c)
Ridgeline Overlay District. The purpose of this
overlay district is to protect the ridgelines and hillsides in order
to preserve this scenic resource, help protect people and property
from potentially hazardous conditions particular to hillsides, and
require all practical innovative design solutions.
(d)
Scenic Roads Overlay District. The purpose of
this overlay district is to protect the scenic character of roads
in the Town that are in areas that remain substantially undeveloped
and/or provide important scenic views, pursuant to the Town's Comprehensive
Plan.
(e)
Surface Water Overlay District. The purpose
of this overlay district is to protect the scenic character and water
resource values of the surface water bodies in the Town, including
any stream, lake, pond or other water body (including wetlands).
(f)
Mining Overlay District. The purpose of this overlay district
is to allow mining areas with diverse nonresidential commercial and
industrial activities that generate property tax revenues and employment,
while protecting adjoining residential neighborhoods.
[Added 9-7-2021 by L.L. No. 2-2021]
[Amended 12-27-2005 by L.L. No. 7-2005]
Zoning district boundaries. The boundaries of
said districts are hereby established as shown on the Zoning Map which,
with all explanatory matter thereon, is hereby adopted and made a
part of this chapter. A copy of said map, indicating the last amendments,
shall be available in the offices of the Town Clerk and the Building
Inspector for the use and benefit of the public and shall be kept
up-to-date.
In determining the boundaries of districts shown
on the Zoning Map, the following rules shall apply:
A.
Where a district boundary is shown as following a
street, highway, road, right-of-way, interstate highway, public utility
right-of-way, railroad or stream or watercourse, the boundary is respectively
the center line of such street, highway, road, right-of-way, interstate
highway, public utility right-of-way, railroad or main channel of
a stream.
B.
Where a district boundary is shown as following a
Town boundary line, property line, lot line or a projection of any
one of the same, such boundary shall be such landmarked or monumented
line or projection thereof. If such boundary is shown as separated
from, but approximately parallel to any such landmarked or monumented
line or projection thereof, such boundary shall be deemed to be parallel
to any landmarked or monumented line or projection thereof, as the
case may be, at such distance therefrom as shown on the Zoning Map.
If such boundary is shown as separated from but approximately parallel
to any such landmarked or monumented line, such district boundary
shall be deemed to be parallel to the aforesaid center line at such
distance therefrom as shown on the Zoning Map.
C.
Where a question arises as to the exact boundary of
a district, the boundary shall be determined by the Board of Appeals.
Following the effective date of this chapter:
A.
No building shall be erected, moved, demolished, structurally
altered, reconstructed or enlarged, nor shall any land or building
be used, designed or arranged to be used for any purpose in any manner
except in compliance with this chapter and all other applicable laws,
together with all rules, requirements and restrictions appurtenant
thereto.
B.
No yard or open space required in connection with
any building or use shall be considered as providing a required yard
or open space for any other building or use on the same or any other
lot.
C.
No lot shall be formed from part of a lot already
occupied by a building or use unless such building or use, all yards
and open spaces connected therewith and the remaining lot comply with
all requirements prescribed by this chapter for the district in which
said lot is located.
D.
Any use not specifically permitted by this chapter, but not prohibited by this chapter (§ 235-12), shall be permitted only by special permit of the Town Board. Uses identified as special permit uses or conditional uses shall be deemed prohibited unless a valid special permit is granted for such use by the Town Board or conditional use approval is granted by the Planning Board, as identified in the Table of General Use Requirements.[1]
[Amended 12-27-2005 by L.L. No. 7-2005]
[1]
Editor's Note: The Table of General Use Requirements
is located at the end of this chapter.
E.
Preexisting uses identified as special permit uses
or conditional uses in this chapter for which a valid certificate
of occupancy exists on the effective date of this chapter or amendment
thereof shall not be deemed nonconforming unless such uses are noncomplying
as to the bulk or supplemental regulations of this chapter.
F.
No building permit or certificate of occupancy shall
be granted for any building, structure or use unless the Building
Inspector first finds that said building, structure and use conforms
to the standards set forth in this chapter. Where a question, ambiguity
or controversy exists concerning such conformance, the Building Inspector
shall make an appeal for an interpretation to the Zoning Board of
Appeals.
G.
No land or buildings shall be used in any manner so as to create any hazard to the public health, peace or comfort or to hinder the most appropriate use of land in the vicinity in that all such uses shall conform to the performance standards prescribed in § 235-66 for the control of noise; vibration; smoke, dust and other atmospheric pollutants; odor; radiation and electromagnetic interference; fire, explosive hazard and heat; liquid or solid wastes; and vehicular traffic emissions therefrom.
