Bloomfield Village City Zoning Code
ARTICLE VII
General Provisions Applicable to all Districts
§ 135-42 General.
No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to, or enlarged, nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each zone district of this chapter and meeting the requirements set forth herein. Open space contiguous to any building shall not be encroached upon or reduced in any manner, except in conformity to the Zoning Ordinance Bulk Requirements, off-street parking requirements, and all other regulations required by this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the certificate of occupancy or certificate of compliance, as appropriate, shall become null and void.
§ 135-43 Minimum lot dimensions.
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.
§ 135-44 Site preparation and construction.
No site preparation or construction shall be commenced until final subdivision approval has been granted by the Planning Board, the subdivision map has been filed in the Ontario County Clerk's office, site plan approval has been granted by the Planning Board, and all conditions of said approval have been met. Upon application, the Planning Board may, in special circumstances, grant approval for site preparation in advance of final approval. Said application shall be supported by good and sufficient reasons for starting in advance of final approval and must contain adequate surety for the performance of the work.
All construction plans shall include consideration of stormwater drainage needs. Whenever possible, site grading shall direct water away from buildings and structures to the natural drainageway. Any drainage affecting adjacent properties shall be considered by the Code Enforcement Officer. In instances where a site lies within the Village of Bloomfield Watershed Protection Area, the Village Watershed Inspector shall also be consulted for an advisory report prior to the issuance of a zoning permit or building permit.
Materials used as fill to establish grades shall consist solely of clean dirt, gravel, and other clean fill. All materials applied shall be leveled and covered with at least four inches of clean dirt and subject to approval of the Code Enforcement Officer.
No person shall strip, excavate, or otherwise remove topsoil for use other than on the premises from which taken, except in connection with the approved construction or alteration of a building, swimming pool, or other use or structure on such premises pursuant to the provisions of this chapter. No movement of earth or fill shall be permitted at any time in any district which adversely affects conditions on any other property.
No structure shall be built within 50 feet of the bed of a stream carrying water on an average of six months of the year, except for:
Public bridges, public water works, and other municipal or public utility facilities.
Such private bridges, fords, drainage conduits, embankments, and similar structures as are necessary to permit access to a lot or portion thereof, or as are incidental to a lawful use of a lot, provided that such structure will not have a material adverse effect on the stream, nor alter the flow of water therein, nor substantially increase the likelihood of flood or overflow in the area.
Whenever natural features such as trees, brooks, drainage channels, and views interfere with the proposed use of property, the retention of the maximum amount of such features consistent with the intended use of the property shall be encouraged.
Nothing in this chapter shall restrict the construction, use, or maintenance of public buildings, structures, facilities, parks, or other publicly owned properties or the installation and maintenance of such public utilities as may be required to service any district. All facilities shall be subject to the yard requirements of this chapter and to site plan review.
§ 135-45 Principal building and use.
Except as specifically provided herein, no lot shall have erected upon it more than one principal building or be allowed more than one principal use.
No building or structure shall hereafter be erected or altered which is in any manner contrary to the provisions of this chapter or the requirements of the New York State Uniform Code.
All structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
Any structure which has been vacant or which has had utility service disconnected for 12 consecutive months shall not be used for any purpose without obtaining a new certificate of compliance.
§ 135-46 Access to property.
Every principal building shall have access to an approved road.
A no-action letter must be filed with the Attorney General's office for a private road consisting of at least two and not more than four lots. The subdivision plat will not be approved until receipt of the no-action letter to the applicant from the Attorney General's office has been filed with the Village Clerk/Treasurer.
For access to a single principal building, such access must be constructed of a durable all-weather surface such as concrete, blacktop pavement, or gravel.
For each principal building, open parking in the area in the front yard setback is confined to a driveway. In no instance shall the parking of vehicles be in the front of the habitable floor area ("living space") of the dwelling except where living space exists above the first-floor garage.
§ 135-47 Open space.
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
§ 135-48 Required setbacks.
The width of one side yard in a residential district may be reduced to not less than 10 feet in an R-1-20 Residential District and eight feet in an R-1-15 Residential District, provided that the sum of widths of the two side yards is not less than twice the single side-yard minimum specified in Schedule I.[1] (Example: side-yard minimum in the R-1-20 is 20 feet; one side yard may be reduced to 10 feet, but the other side yard must be a minimum of 30 feet.)
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
In residential districts where the frontage on the same side of the street within 500 feet of the subject property is 50% or more developed, the required front yard setback from the right-of-way line for a new structure may be modified to the average for such existing development. Otherwise, the requirements of the Schedule[2] shall apply.
[2]
Editor's Note: Said Schedule is included as an attachment to this chapter.
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter with respect to setbacks and any existing or proposed structures or uses.
For the purpose of regulating the location of buildings on corner lots and on lots extending through between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located.
Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard setback area shall be measured from such proposed right-of-way line.
No front yard shall be used for the open storage of boats, vehicles, travel trailers, snowmobiles, snowmobile trailers, and other similar equipment on a residential lot except for vehicular parking on driveways. Such equipment may be stored in the rear of, or on the side of, the building but no closer than 10 feet to the rear or side lot line.
No business establishment shall place or display goods for purposes of sale, or permit any coin-operated vending machine of any type to be placed in any location which would infringe upon the required yard areas specified in this chapter.
No detached accessory buildings incidental to a permitted use shall be closer to the street or right-of-way line than the minimum required front yard setback for the principal building.
With the exception of a detached private garage, all detached accessory buildings shall be located in the rear yard and subject to the setback requirements of the Schedule.[3] A detached garage shall be located to the rear of the front building line of the principal building and may be located in a side yard.
[3]
Editor's Note: Said Schedule is included as an attachment to this chapter.
Cornices, canopies, eaves, or other architectural features may project into required side yards a maximum of two inches per one foot of required side yard width, or three feet, whichever is smaller.
Fire escapes may project into required side and rear yards a distance not exceeding four feet six inches.
Bay windows, balconies, fireplaces, chimneys, and uncovered stairways and necessary landings may project into required side and rear yards a distance not exceeding three feet, provided that such features do not occupy in the aggregate more than 1/3 of the length of the building wall on which they are located.
Patios may be located in required side and rear yards, provided that they are not closer than 10 feet to any adjacent property line.
Nothing in this chapter shall restrict the construction, use or maintenance of public buildings, structures or facilities, parks or other publicly owned properties or the installation and maintenance of such public utilities as may be required to service any district. All facilities shall be subject to the yard requirements of this chapter and to site plan review.
§ 135-49 Water.
The use of any lot or building which shall require a supply of water shall be by an approved connection to the Village's public water system.
§ 135-50 Sewage/waste disposal.
The use of any lot or building involving the disposal of sewage or wastewater shall be by an approved connection to the Village's public sewer system.
Discharges from individual sewage disposal systems shall be in accordance with approved plans and the procedures and standards of the New York State Departments of Health and Environmental Conservation.
No lot shall be used for the commercial storage or disposal of solid or liquid waste without the prior approval of the Village Board. Duly approved individual sewage disposal systems shall be exempted from this provision. Village Board approval shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties and evidence of any required permits necessary from the New York State Departments of Health and/or Environmental Conservation. The Village Board may require the submission of any documents necessary to make the foregoing finding. This provision shall not prohibit the storage of animal waste upon any farm.
No manure or odor- or dust-producing substances shall be permitted to be stored within 100 feet of any lot line or any stream carrying water six months each year.
The dumping of refuse, waste material, and other substances, excluding vegetative compost material, shall be prohibited in all districts. This is not, however, to be construed as prohibiting filling to establish grades following the issuance of a permit by the Code Enforcement Officer.
§ 135-51 Height limits.
The maximum heights for accessory buildings and structures are the same as for principal buildings and structures unless specified elsewhere in these regulations.
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, domes, silos, and other such buildings not used for human occupancy.
Chimneys, ventilators, skylights, roof-mounted water tanks, freestanding towers, television and radio antennas, and similar features and necessary mechanical appurtenances usually carried on and above the roof level may exceed the height limitation of this chapter by not more than 15 feet.
The provisions of this chapter shall not apply to prevent the erection of a parapet wall or cornice for ornament which may extend above the height limits of this chapter by up to five feet.
Public and quasi-public buildings, schools, churches, and other similar permitted uses may exceed the maximum height specified for the zone district, provided that the minimum front, side, and rear yard setbacks are increased by two feet for each one foot of such additional height, up to a maximum height of 50 feet, and provided that on-site fire protection facilities approved by the local fire company are installed.
At the intersection of two or more streets, there shall be permitted no hedge, fence, or wall (other than a single post or tree) which is higher than three feet above ground level measured at the edge of the pavement or at the curb. There shall be no obstruction to vision, including agricultural crops, in any triangular area formed by the three points described as follows: The first point shall be at the intersection of the street lines; the other two points are 50 feet away from the intersection, measured along the pavement edge of each of the two intersecting streets.
§ 135-52 Animals.
No lot may be used or occupied and no structure may be erected, maintained, or used for the raising, harboring, or housing of any of the following animals: pigeons, swine, goats, rabbits, fowl, cows, horses, poultry, foxes, mink, sheep, skunks, or any other fur-bearing animals, in any district.
No more than three dogs which are of licensing age, as defined by the New York State Agriculture and Markets Law, may be kept, bred, or boarded within the confines of any lot.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No more than three cats which are more than six months of age may be kept, bred, or boarded within the confines of any lot.
§ 135-53 Fences.
Fences may be erected up to eight feet in height, except that they shall not exceed four feet in height in any front yard.
Fencing used to enclose a tennis court may be permitted up to 10 feet in height, provided that such fencing is not less than 25 feet from any property line.
No fence shall be erected to encroach on any property line or upon a public right-of-way.
The face side of all fences erected shall be located so as to face the adjoining lot.
These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
§ 135-54 Antennas and other transmission/receiving devices.
Any personal communication tower/use requiring a tower more than 35 feet above grade or whose power exceeds one watt is not to be considered as a personal use (except citizens band radios), and is subject to the same restriction as any commercial tower. See § 135-94, Communication towers. Interference demonstrated by surrounding neighbors is to be corrected within 90 days or use shall be discontinued, building permit and certificate of compliance terminated, and offending device dismantled.
§ 135-55 Damage by fire or natural disaster.
Any structure damaged by fire or other natural disaster and determined by the Code Enforcement Officer to be completely destroyed shall require a new building permit before any reconstruction is started. A new certificate of occupancy shall also be required.
Any structure partially destroyed by fire or other natural disaster shall be rebuilt in accordance with this chapter and the following additional provisions:
No permit shall be required to restore/replace any portion of a structure to its same condition prior to its being damaged.
Any damage to the structure, including, but not limited to, size of building, bearing walls, entranceways, and building materials shall require a new building permit. Reconstruction shall meet or exceed the Uniform Code requirements and the provisions of this chapter.
§ 135-56 Open burning.
No burning of rubbish shall be allowed within the Village limits. Effective on October 14, 2009, all open burning is prohibited in New York with several exceptions, including the following:
Campfires less than three feet in height and four feet in length, width or diameter are allowed.
Small cooking fires are allowed.
Fires cannot be left unattended and must be fully extinguished.
Only charcoal or clean, untreated or unpainted wood can be burned.
Ceremonial or celebratory bonfires are allowed.
For a full list of exceptions see Section 215.3 of the "NYS DEC Regulations and Enforcement Regulations Chapter III – Air Resources, Part 215: Open Fires."
§ 135-57 Vehicles.
In a residential district, no commercial vehicle with a load capacity of more than one ton shall be parked out of doors overnight or on Sunday.
No such vehicle shall be parked in any district for the purpose of displaying a commercial speech sign.
No lot shall be used for the outside storage of unlicensed, unregistered and uninspected automobiles or trucks unless said vehicle(s) are being offered for sale in accordance with the following provisions:
Not more than one unregistered or uninspected automobile or truck may be offered for sale on the premises of the principal residential structure at any one time.
Only two unregistered vehicles, for which the resident holds title thereto, may be sold or offered for sale in any twelve-month period.
Each vehicle to be displayed for sale shall require a temporary use permit issued by the Code Enforcement Officer. Said permit shall be affixed to the inside window of the vehicle. Said permit shall state that the Village of Bloomfield has no liability as to the warranty or condition of said motor vehicle.
Each temporary use permit shall be valid for a period of 30 days and may be renewed by the Code Enforcement Officer once for an additional period not to exceed 30 days.
In no event shall a vehicle be displayed for sale for a period which exceeds 60 days during any twelve-month period commencing with the date of first issuance of the temporary use permit.
Each vehicle displayed for sale shall have a for-sale sign affixed to the windshield.
No unregistered vehicle advertised for sale shall be parked within any public right-of-way and not closer than 15 feet to any property line.
§ 135-58 Accessory structures.
Accessory or storage buildings include, but are not limited to, a garage for the parking of passenger automobiles of residents on the premises, garden house, toolhouse, playhouse, housing for domestic animals incidental to the residential use of the premises, and temporary portable structures. Tents, gazebos and canopies used for residential recreational purposes shall not be governed by these regulations. All other accessory structures shall be subject to the following:
Accessory buildings attached to a principal building shall comply with the yard requirements of this chapter for the principal building.
No more than two detached accessory buildings, excluding a private garage, may be located on any one parcel of land in a residential district. Accessory buildings with less than 50 square feet of floor area shall not be included in determining the number of accessory buildings on a property.
The total area of all detached accessory buildings on any one parcel of land in a residential district, including buildings with less than 50 square feet of floor area, shall not exceed 200 square feet in area. The area of a detached private garage shall not, however, be included in determining total square footage of detached accessory buildings.
No detached accessory building in a residential district shall exceed 12 feet in height, except for a detached parking garage, which may be up to 20 feet in height.
The CEO may require detached accessory buildings to be fenced and/or buffered from adjacent properties consistent with approved site development plans, in order to protect the value of adjacent properties.
§ 135-59 Temporary portable structures.
Temporary portable accessory structures shall be subject to the following regulations, in addition to those for accessory structures:
Upon visual discovery by the CEO and/or through registration of a complaint, a temporary portable accessory structure may not be maintained or erected for a period of time exceeding 30 days and shall not be erected for more than 120 calendar days per year. In the event a property or business owner wishes to maintain an erected structure longer than the established time frames, a permit must be obtained from the CEO.
Any temporary portable accessory structure which is not removed at the end of the initial time period permitted under this section or granted under the permit issued will be subject to a daily fine set by the Village Board until the matter is resolved by the owner or manager of the property in violation. If the temporary portable accessory structure is not removed after 10 days from initial notice of the violation by the CEO, or poses a threat to the health, safety, and welfare of residents and visitors, the Village may have the structure removed without notice, with the cost of such removal, as well as the cost associated with the administration of its removal, assessed against the property on which the temporary portable accessory structure was located.
Application. After the initial thirty-day time period has been exhausted, a permit must be applied for and secured approval of the issuance of a permit from the CEO on such form as may be prescribed. Such application shall contain and be accompanied by plans and specifications and sufficient detail to show the following:
Names, addresses, and telephone numbers of the owner or manager of the property on or at which the temporary portable accessory structure is to be placed; and
The name, address, and telephone number of the individual or company which owns the temporary portable accessory structure; and
A general map of property location, showing all lot lines, existing structures and the proposed location of where the temporary portable accessory structure will be placed.
Issuance: The CEO, after finding that the application and plans and specifications comply with the provisions herein, shall approve the issuance of a permit for the temporary location of such temporary portable accessory structure. Location of the structure shall conform to the approved application, plans and specifications.
Size. Temporary portable accessory structures shall be no greater than 200 square feet for residential property uses in all zoning districts and no greater than 400 square feet for commercial property uses.
Number of structures. Only one temporary portable accessory structure may be stored on property at any given time. In the event a property or business owner wishes to maintain a second temporary portable storage structure, a permit shall be required through an application to and reviewed by the CEO.
The location and size of the temporary portable accessory structure shall be of such character that, in general, it will be in harmony with the existing development of the district in which it is proposed to be situated and will not be detrimental or obnoxious to adjacent properties in accordance with the zoning classification of such properties, as set forth in this chapter.
The erection or construction of the temporary portable accessory structure shall meet all the fire-resistance requirements of the Fire Prevention Law and the Building Code of NYS.
§ 135-60 Incentive zoning.
Purpose. Pursuant to Village Law § 7-703, the purpose of these provisions is to offer incentives to applicants who provide specific amenities that assist the Village to implement identified physical, cultural and social policies in the Town of East Bloomfield and Village of Bloomfield Comprehensive Plan as supplemented by the local laws and Rte. 444 Improvements Report, adopted by the Village Board of Trustees.
Authority. This authority may be used by the Village Board of Trustees to assist in implementing the following planning objectives:
To protect highly valued ecological resources, geological features and environmentally sensitive areas.
To protect active farmland operations.
To preserve greenways and important open spaces, and to provide access to trail corridors.
To preserve historic and/or archeological resources.
To protect high-quality scenic resources.
To secure important public works improvements which would not otherwise be provided to planned development areas of the community and which are in excess of that necessitated by the immediate project demand.
District designated for incentives. All zoned districts are designated as eligible for zoning incentives. Incentives may be offered to applicants who offer an acceptable amenity to the Village in exchange for the incentive.
Definitions. For the purpose of this chapter, terms used here are defined as follows:
Parkland, open space, senior citizen housing, affordable housing, sidewalks, streetlights, water system improvements, wastewater plant improvements, fire and/or ambulance support, pedestrian and bike-friendly amenities such as park benches, bike racks, etc., or historic district preservation to further the goals and objectives identified in the Comprehensive Plan.
Adjustments to the permissible population density, area, height, open space, parking, use or other provision of this chapter adopted on October 6, 1992, or any amendments thereto for specific purpose authorized by the Village Board of Trustees.
Amenities for which incentives may be offered.
Preservation of the historic character as set forth in the Comprehensive Plan and this chapter.
Passive and active open space and related improvements.
Provision of senior citizen housing facilities.
Infrastructure improvements such as sidewalks, decorative streetlighting, water supply or sewer system improvements.
Support to the fire and/or ambulance service.
Affordable housing.
Park benches, bike racks, streetscapes or other amenities that support pedestrians and improve visual impacts.
Recreation.
Cash-in-lieu of any amenity (amenities).
Other facilities or benefits to the Village residents.
These amenities may be either on- or off-site of the subject of the application and are in addition to any mandated requirements pursuant to other provisions of DEC, NYS and the Village Subdivision Regulations[1] and this chapter. |
Criteria and procedure for approval.
Applications for incentives in exchange for amenities shall be submitted to the Village Board of Trustees. In order to render a preliminary evaluation of the adequacy of amenities to be accepted in exchange for the requested incentive, the following information shall be provided by the applicant:
Two proposed concept plot plans: one depicting the proposed amenity and one without any amenity or incentive.
The estimated cash value and feasibility of the proposed amenity and the estimated value of the requested incentive.
A narrative which:
Describes the benefit to be provided to the community by the proposed amenity.
Gives preliminary indication that there is adequate sewage disposal, drainage, water, off-street parking, site lighting, transportation and fire protection facilities in the zoning district in which the proposal is located to handle the additional demands the incentive and amenity may place on these facilities beyond the demand that would be placed on them as if the district were developed to its fullest potential.
Explains how the amenity helps to implement the physical, social or cultural policies of the Comprehensive Plan.
Describes the requested incentive.
The Village Board shall review the proposal and inform the applicant, in writing, whether or not the proposal is worthy of further consideration. If it is deemed worthy of further consideration, the applicant must then submit a site plan to the Planning Board:
The site plan shall show:
How the site is developed, identifying the amenity and incentive as well as existing development, including property owners' names and Tax Map numbers for all property within 500 feet of the property lines of the proposed project or such other distance as specified by the Village Planning Board.
If the incentive will result in a structural height nonconformity, an elevation drawing at a scale of 1/4 inch equals one foot which shows the height permitted by the zoning regulations and the proposed additional height, the distance to other principal structures and on adjacent properties and their heights as well as property line locations.
If the incentive will result in a setback reduction, reduction shall be shown in relation to the principal structures on-site and on adjacent properties as well as property line locations.
If the incentive will result in a variance to required floor area, note the variance in relation to each structure.
If the incentive will result in an increased density, the cluster must be situated internally within the parcel and radiate outward in decreasing density such that the proposed development which abuts the adjacent residential development is consistent with the requirements of that zoned district.
If the incentive will result in open space to be retained in private custody, a management plan must be submitted.
The applicant shall submit any such additional information and plans as may be required by the Planning Board which, in its judgment, are necessary in order to perform a thorough evaluation of the proposal.
The Planning Board will review the proposal in relation to its zoned district and report to the Village Board with its evaluation of the adequacy with which the amenity (amenities)/incentive(s) fit the site and how they relate to adjacent uses and structures. The Planning Board's review shall be limited to the planning design and layout considerations involved with the project review or such other issues as may be specifically referred by the Village Board. The Planning Board's report shall be submitted to the Village Board within 60 days of the date of the Planning Board meeting at which the proposal is first placed on the agenda. This time period may be extended/suspended for good cause by the Village Board.
The Village Board will review the Planning Board's report. The Village Board will notify the applicant as to whether it is willing to further consider the proposal and hold a public hearing thereon. For public hearings on incentive zoning requests, the Village Clerk/Treasurer shall give notice of the hearing in the official newspaper at least five days prior to the date of the hearing. The applicant will notify all adjacent property owners within 200 feet of the proposed project at least five days prior to the public hearing and bring proof of notification either by certified receipts or signatures on a copy of the legal notice.
All applicable requirements of the State Environmental Quality Review (SEQR) shall be complied with as part of the review and hearing process. In addition to other information that may be required as part of the environmental assessment of the proposal, the assessment shall include verification that the zoning district in which the proposal is to be located has sewage disposal, water, transportation, off-street parking and fire protection facilities to:
First, serve the remaining vacant land in the district as though it were developed to its fullest potential under the district regulations in effect at the time of the amenity/incentive proposal; and
Following the hearing and in addition to compliance with all SEQR requirements, the Village Board shall, before taking action, refer the proposal for review and comment to other governmental agencies as may be required and may refer the proposal to the Planning Board and other Village Boards and officials for review and comment. In order to approve an amenity/incentive proposal, the Village Board shall determine that the proposed amenity/incentive provides sufficient public benefit to provide the requested incentive. Thereafter, the Planning Board is authorized to act on an application for preliminary approval pursuant to the Village of Bloomfield Land Use Regulations[2] and this chapter.
Following preliminary plan approval and subject to meeting all conditions imposed on the preliminary plan, including all documentation required by the Village Attorney on the amenity/incentive, the applicant may submit a final plan for review and approval.
Upon final approval, the Village Clerk/Treasurer shall affix to the Official Zoning Map a reference that this site was developed under the Village's incentive zoning provisions and cite a reference to the date such action was taken.
Any application for incentives shall pay a proportionate share of the cost of preparing any generic EIS prepared in conjunction with the project, and such charge will be added to any site specific charges.