For the purpose of promoting the health, safety and general welfare of the people of the Village of Bloomfield, this chapter is adopted pursuant to Article 7 of the Village Law of the State of New York. Its purpose is to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts and other open space; the density of population; and the location and use of buildings, structures and land for business, industry, agriculture, residence or other purposes. Such chapter and Zoning Map, which is a part of said Zoning Law,[1] are designed to: lessen congestion in the streets; to secure safety from fire and other dangers; to provide adequate light and air; to provide for solar access and implementation of solar energy systems; to prevent the overcrowding of land and to avoid undue concentration of population; to facilitate the efficient and adequate provision of public facilities and services; and to provide the maximum protection to residential areas from the encroachment of adverse environmental influences. Such chapter and Zoning Map were made after reasonable consideration, among other things, as to the character of the Village and its peculiar suitability for particular uses, and with a view to conserving property values and natural resources and encouraging the most appropriate use of land throughout the Village.

The Village of Bloomfield Board of Trustees has determined that adult entertainment businesses exhibit serious objectionable operational characteristics which can lead to significant adverse impacts on the surrounding community, and that the unrestrained proliferation of such businesses is consistent with the existing development and future plans for the Village of Bloomfield, in that adult entertainment businesses often result in influences on the community which increase the crime rate and undermine the economic, moral, and social welfare of the community. The deleterious effects of these businesses change the economic, social, and moral character of the existing community and adversely affect existing businesses and community and family life.

Therefore, the Village of Bloomfield Board of Trustees recognizes that special regulation is necessary in order to prevent the proliferation of adult entertainment businesses and to ensure that the effects of such businesses will not adversely affect the health, safety, and economic well-being of the community.

Procedure. The Village Board may from time to time on its own motion, on petition, or on recommendation of the Planning Board, and in accordance with the laws of the State of New York amend, supplement, or repeal the regulations, provisions, or district boundaries of this chapter.

Filing of petition. A petition to amend, change, or supplement the text of this chapter or any zoning district as designated on the Zoning Map established herein shall be filed with the Village Clerk/Treasurer and shall be transmitted by the Clerk/Treasurer to the Village Board. A petition for a change to the Zoning Map shall contain a map which clearly describes the affected property and its boundaries and shall indicate the existing zoning district and the requested zoning change. In addition, every petition for an amendment to this chapter shall contain an environmental assessment form completed and signed by the petitioner, or agent, in accordance with the procedures set forth in State Environmental Quality Review (SEQR) regulations.

Referral to Planning Board. Each proposed amendment, except those initiated by the Planning Board, shall be referred to the Planning Board for an advisory report. In reporting, the Planning Board shall fully state its reasons for recommending or opposing the adoption of such proposed amendment. The Planning Board may condition its approval, as may be appropriate, and shall state whether such amendment is in harmony with the Village's plan for land use. The Planning Board shall state its position relative to proposed zoning amendments, in writing, within 45 days of its referral from the Village Board. Absence of a reply from the Planning Board within the forty-five-day period shall indicate that the Planning Board is in favor of the amendment.

Public hearing, notice, recording of actions. Unless otherwise provided, the provisions of the Village Law of the State of New York pertaining to public hearings, official notices, and proper recording of zoning actions taken by the Village Board shall apply to all amendments to this chapter.

Disposition final, rehearing on petition. The disposition of a petition for amendment by the Village Board shall be final and disapproval or denial of the proposed amendment shall void the petition. No new petition for an amendment which has been previously denied by the Village Board shall be considered by it, except for a vote to table or to receive and file, and no public hearing shall be held on such amendment within a period of one year from the date of such previous denial unless the Planning Board shall submit a recommendation, with reasons stated therefor, certifying that there have been substantial changes in the situation which would merit a rehearing by the Village Board. Such rehearing may be granted only upon a favorable vote of a majority of the Village Board plus one.