Bloomfield Village City Zoning Code
ARTICLE VIII
District Regulations
§ 135-61 Applicability of regulations.
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:
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.
No building or structure shall hereafter be erected or altered which:
Exceeds the height limitation for any structure within a specified district; or
Accommodates or houses a greater number of families; or
Occupies a greater percentage of lot area; or
Has narrower or smaller yards or other open spaces than herein required or in any other manner contrary to the provisions of this chapter and the requirements of the New York State Uniform Code.
No part of a yard or other open space, or off-street parking or loading space required or in connection with any building or use 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 or use except as provided in Article VII.
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.
§ 135-62 R-1-20 Residential District: single-family, 20,000 square feet.
Purpose. The purpose of the R-1-20 Residential District is to promote orderly, low-density development of single-family dwelling units in residential neighborhoods in the Village of Bloomfield. It is also the declared purpose of these regulations that these single-family neighborhoods shall be free from other uses except those listed herein and hereby declared to be compatible with the residential character of this district.
Permitted principal uses.
One single-family dwelling per lot.
Public parks and playgrounds.
Customary farm operations.
Manufactured dwellings.
The siting of single-wide manufactured dwellings shall be permitted only in manufactured home parks within the Village of Bloomfield.
All single-wide manufactured dwellings sited under the provisions of this chapter shall have a living area of not less than 750 square feet. If the manufactured dwelling sought to be sited is a double-wide, it shall have a living area of not less than 960 square feet and shall be at least 20 feet wide.
A double-wide factory-manufactured dwelling installed in a manufactured home park or on its own building lot shall not be used for multifamily residential occupation.
Each double-wide manufactured dwelling sited on its own building lot must be on a full perimeter foundation with concrete or concrete block foundation walls extended below the frost line and must be affixed to said foundation strictly in accordance with the manufacturer's specifications.
All manufactured dwellings sited in the Village shall be required to meet all federal, state, and local laws at the time of application.
Permitted accessory uses and structures.
Private garages or carports for off-street parking.
Customary accessory structures serving residential uses, including, but not limited to, a dwelling accessory apartment unit, private swimming pools, hot tubs, storage buildings, pet shelters, and barbecues.
Fencing in accordance with the provisions of this chapter.
"Home occupation" is defined as 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, nursing facilities, instruction of groups in excess of four persons, motor vehicle repair, machine shops, welding and fabrication, furniture repair involving dipping tanks and stripping. Should the enterprise's needs exceed the standards of the defined home occupation and/or the zoning requirements, it will no longer be considered a home occupation and the permit will no longer be valid. A home occupation shall:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Be conducted only by residents on the premises;
Be conducted only in the dwelling which is the principal residence of the practitioner, or an accessory structure on the same parcel. The enterprise shall not occupy more than 25% of the dwelling. It may occupy any portion of an accessory structure. In no circumstances shall the enterprise occupy in excess of 500 square feet or be visible from the street;
Occupy no more than 1/2 of the habitable floor space of the floor on which it are conducted (or 25% of the gross floor area), whichever is smaller;
Involve no outdoor display of goods or outside storage of equipment or materials used in the customary home profession;
Not more than one ground-mounted satellite TV dish antenna not more than 12 feet in diameter and 16 feet in height may be permitted for each property. The minimum setback of a ground-mounted satellite TV dish antenna from all property lines shall be 16 feet. A zoning permit issued by the Code Enforcement Officer shall be required prior to placing a dish in operation. The Village may require the applicant to screen the dish antennas in order to reduce potential nuisance or disturbances to adjacent properties. All dish antennas shall be located in either the side or rear yards.
Other antennas or towers may be either ground-mounted or mounted onto or attached to a building for support. Such antennas or towers shall not exceed 15 feet above the maximum height of the building on which it is mounted or to which it is attached or accessory thereto. A zoning permit issued by the Code Enforcement Officer shall be required prior to placing a ground-mounted antenna in operation.
An antenna or tower which is ground-mounted shall be located in rear yards only. Antennas or ground-mounted towers shall be set back from all other structures and all property lines a distance which is not less than 1 1/2 times the distance between the highest part of such antenna or tower and the ground. Guy wires, anchors, and other supports for an antenna shall not be closer than 10 feet to any property line.
Other accessory uses not specified herein may be authorized by the Zoning Board, provided that the Board determines that such uses are clearly accessory to the permitted principal use on the lot and consistent with the purpose and intent of the zone district and this chapter.
Dimensional requirements. The dimensional requirements for this district are specified in the Zoning Schedule, which is a part of this chapter.[1]
[1]
Editor's Note: The Zoning Schedule, Schedule I, is included as an attachment to this chapter.
Special permitted uses. The following uses may be permitted consistent with the provisions of Article IX, provided that a special use permit is approved by the Planning Board:
Essential services, excluding power plants, maintenance buildings and storage yards.
Two-family dwellings, including duplexes.
Residential conversions.
Townhouse clusters and developments.
Windmills and wind generators.
Public and semipublic uses and buildings.
Cluster residential developments.
Tourist homes/bed-and-breakfast uses.
Off-street parking and loading requirements. The off-street parking regulations are specified in Article X of this chapter.
§ 135-63 R-1-15 Residential District: single-family, 15,000 square feet.
Purpose. The purpose of the R-1-15 Residential District is to promote medium-density development of single-family detached dwelling units in residential neighborhoods in the Village of Bloomfield. It is also the declared purpose of these regulations that these single-family neighborhoods shall be free from other uses except those listed herein and hereby declared to be compatible with the residential character of this district.
Permitted accessory uses and structures. The same as are permitted in the R-1-20 Residential District, § 135-62C of this chapter.
Dimensional requirements. The dimensional requirements for this district are specified in the Zoning Schedule, which is a part of this chapter.[1]
[1]
Editor's Note: The Zoning Schedule, Schedule I, is included as an attachment to this chapter.
Special permitted uses. The following uses may be permitted in the R-1-15 Residential District consistent with the provisions of Article IX, provided a special use permit is approved by the Planning Board:
Off-street parking and loading requirements. The off-street parking regulations are specified in Article X of this chapter.
§ 135-64 MR Multiple Residence District.
Purpose. The purpose of the MR Multiple Residence District is to establish and preserve medium-density residential districts, excluding uses which are not compatible with residential uses, but permitting certain nonresidential uses which are of particular convenience to the residents of the district.
Permitted principal uses.
Permitted accessory uses and structures.
Customary accessory uses and buildings designed as an integral part of the multifamily development and scaled for the exclusive use of the development.
Private recreational facilities and uses.
Swimming pool(s).
Off-street parking areas, garages, or carports.
Home occupations as listed in § 135-62C(4) where rental leases allow such home occupations.
Dimensional requirements. The dimensional requirements for this district are specified in the Zoning Schedule I which is made a part of this chapter.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
Special permitted uses. The following uses may be permitted in the MR Multiple Residence District consistent with the provisions of Article IX, provided a special use permit is approved by the Planning Board.
Site plan approval. Site plan approval shall be secured as required in Article XIII of this chapter.
Design standards. The following site design standards shall apply to all multiple dwelling unit developments in the MR Multiple Residence District.
The minimum tract area for multiple dwelling unit development shall not be less than three acres.
The maximum density of residential development per gross acre of land (including roadways, pedestrian walkways, common recreation areas, off-street parking areas, open areas, and all nonresidential areas) shall not exceed eight dwelling units per acre.
The minimum habitable floor areas shall be the minimum floor area, exclusive of common areas such as halls, foyers, and basement utility areas, as follows:
Recreation, open space, maintenance.
Multiple-family dwelling developments shall be designed to create usable private open space. A minimum of 10% of the total tract area, exclusive of the required setback areas, buffer strip, and parking areas, shall be designated for common recreational purposes.
No recreational area shall be less than 10,000 square feet in area nor less than 100 feet in width. Areas designated for recreation purposes shall be approved by the Planning Board.
Multiple-family dwelling developments shall be attractively landscaped and properly maintained. Open space adjacent to, around, or between driveways, parking areas, structures, or other required improvements shall be graded and seeded to provide a thick stand of grass or other plant material.
Multiple-family developments shall be constructed in accord with the site plan approved by the Planning Board and shall be designed to ensure adequate provisions for drainage and stormwater runoff.
Apartment buildings or multifamily dwellings shall contain no more than eight dwelling units.
Unit design standards. Each multiple-family dwelling unit building within a multiple-family development site shall be regulated as follows:
Setback. No building shall be closer than 40 feet to any street or public right-of-way or any other property line. The Planning Board may require a greater setback when the proposed development site abuts a CC Community Commercial, an LI Light Industrial, or a GI General Industrial District.
Minimum distance between buildings shall be 25 feet.
Direct line-of-sight visibility from one building to another on the property shall not be less than 50 feet.
Every building shall have a minimum setback of 20 feet from all interior roads, driveways, and parking areas.
A strip of land around each multiple-family building, at least six feet in width, shall be kept completely open except for foundation plantings of less than six feet in height.
Courtyards bounded on three sides by the wings of a single building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest adjacent-building.
No exterior wall shall exceed 100 feet in length unless there is a lateral offset of at least eight feet in its alignment not less frequently than along each 100 feet of length of such exterior wall.
All stairways to the second floor or higher shall be located inside the building.
Access to public roads.
All apartment and/or multiple-family dwelling developments shall have direct access to a public street.
Where there are eight or more dwelling units in a development, access from the common parking area(s) to the public street must be provided by either a private driveway or a street dedicated to the Village by the developer. The minimum width of any private driveway in a multiple-family development shall be:
Where there are 50 or more dwelling units in a development, the Planning Board may require additional access as a condition of site plan approval.
In no event shall the Planning Board allow more than 75 dwelling units to be served by one access to a public street.
Services.
Each multifamily dwelling unit shall contain complete kitchen facilities, toilet, and bathing and sleeping facilities.
Common storage areas shall be provided for bicycles, perambulators, and similar types of equipment. Said storage areas may be provided in the residential structure or in a separate detached accessory building. Space devoted for such use shall not be less than 40 square feet in area per dwelling unit.
Within each apartment complex, there shall be sufficient laundry, drying, and other utility areas.
Garbage/recycling storage areas shall be provided for each building. Such facilities shall be located with a view both to convenience and to minimizing the detrimental effect on the aesthetic character of the building(s), and shall be enclosed and shielded from view by fencing, walls, or shrubbery of at least six feet in height around the perimeter. Fencing and walls shall be not more than 50% open on the vertical surface.
Utilities.
All public utility, electric, gas, cable television, and telephone lines shall be installed underground.
Multiple-family developments shall be served exclusively by public water (to meet both domestic and fire flow needs) and sanitary sewer services. Connections to existing supply and disposal systems shall be approved by the Village.
Off-street parking. Requirements for off-street parking as provided in Article X of this chapter shall be met, except that the location of off-street parking lots may be modified to conform with the approved site plan, provided that off-street parking shall not be located within the required yard setback areas. Paved pedestrian walkways, with appropriate lighting, shall be provided from off-street parking areas to all living units.
Lot coverage. The aggregate lot coverage of multiple-family dwelling developments shall not exceed 30% of the total lot area.
Structure height. Structures in multiple-family developments shall typically not exceed 35 feet in height. For every foot of building height above 35 feet, the minimum required yard setbacks specified in Subsection I(7) above shall be increased by 0.5 feet. The Code Enforcement Officer and Fire Chief shall review and approve all proposals to construct a structure greater than 50 feet in height.
Customary home occupations and customary home profession occupations. Customary home occupations and customary home profession occupations shall be permitted within a multiple-family development when permitted by the rental lease.
§ 135-65 MH Manufactured Home Park District.
Purpose. The purpose of the MH Manufactured Home Park District is to provide opportunity for diversity in housing choice. It is also intended to provide greater opportunity for obtaining moderate-cost housing to meet the needs of a variety of household types. Finally, it is the purpose of this section to enact proper control and development regulations to ensure that manufactured home parks provide an attractive and functional residential environment. The Village will entertain proposals for manufactured home park districts, provided that rezoning is consistent with the Village's Comprehensive Plan and in conformance with these regulations.
Permitted accessory uses.
Private garages and carports.
Customary residential storage structures.
Off-street parking and signs in accordance with the provisions of this chapter.
Community facility buildings and uses servicing the residents of the manufactured home park subject to approval of the Village Board.
Home occupations, as defined in § 135-62C(4), are permitted.
Dimensional requirements.
Dimensional and setback requirements.
Each manufactured home lot within the park shall comply with the applicable lot size and setback requirements set forth in Schedule I.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
The minimum site area of a manufactured home park shall be not less than 10 acres.
No manufactured home or other structure in a manufactured home park shall be located within 100 feet of any public street line or within 60 feet of any other property line adjoining the manufactured home park.
Not more than one manufactured home shall be located on any one manufactured home lot. Every manufactured home within a manufactured home park shall be located on a manufactured home lot or in a designated storage area shown on the approved site plan for said park.
Each manufactured home lot shall front on an interior park roadway. An iron stake shall be located and maintained by the park owner at the corner of each manufactured home lot.
There shall be a landscaped buffer area not less than 50 feet in depth around the perimeter of all new or expanded manufactured home parks.
Size of individual manufactured/manufactured home dwelling units. The minimum size of any individual manufactured home dwelling unit in an MH Manufactured Home Park District shall not be less than 840 square feet.
Park density. The maximum density of development in an MH Manufactured Home Park District shall not exceed six manufactured home dwelling units per acre.
Special permitted uses. The following uses may be permitted in the MH Manufactured Home Park District consistent with the provisions of Article IX, provided a special use permit is approved by the Planning Board.
Additional uses and requirements. Rezoning for a manufactured home park shall not be approved until conceptual site plans for the park have been reviewed by the Planning Board and approved by the Village Board. No site preparation or construction shall commence until the property has been rezoned and all permits have been issued by all governmental agencies involved. This provision shall apply to the expansion or alteration of existing manufactured home parks as well as to proposals for new parks. A site plan for the establishment of a new manufactured home park or for the expansion or alteration of an existing manufactured home park shall contain all of the required data elements specified herein, plus any additional information which may be required by the Planning Board to complete its review and evaluation of the proposed plans. In the review of proposed site plans, the Planning Board's investigations shall certify for action by the Village Board that the plans comply with the following standards and development regulations:
Every roadway within a manufactured home park shall have a minimum street/pavement width of 22 feet, and a minimum right-of-way width of 60 feet. Internal streets shall conform to the following standards:
Culs-de-sac shall be provided in lieu of closed-end streets and shall have a minimum diameter of 70 feet.
All streets shall be constructed of blacktop or equivalent of same, and shall be designed, graded, and leveled as to permit the safe passage of emergency and service vehicles at a speed of 15 miles per hour.
Each street shall be named, and each manufactured home lot thereon shall be given a permanent number which shall be affixed to the manufactured home and shall be visible from the street.
All internal streets shall be illuminated from dusk to dawn with adequate lighting.
Every roadway within a manufactured home park shall meet Village subdivision standards for dedication as a public street and shall be maintained in good repair. Every roadway shall be open at all times for travel by occupants of the park and necessary fire, police, ambulance, public utility maintenance and fuel supply vehicles. The park owner shall be responsible for providing and paying the cost of such maintenance and all necessary snow removal. The provisions of this subsection shall apply to existing manufactured home parks and manufactured home parks hereafter established.
Pedestrian walkways shall be provided along at least one side of all interior streets. Said walkways shall have a width of not less than four feet.
Off-street parking. Each manufactured home lot must have two off-street parking spaces. Alternative parking facilities may be provided so that each manufactured home lot will have one off-street parking space with a common parking area utilized for second vehicle parking, guest parking, and for delivery and service vehicles.
Other park requirements.
At least one service building shall be constructed in each manufactured home park which shall be adequate to provide for storage of all equipment, tools, and materials necessary for the maintenance of the park. All such equipment, tools, and materials shall be stored within said building when they are not in use.
An adequate supply of public water shall be provided for manufactured homes, service buildings, and other accessory buildings.
A sanitary sewer system shall be provided in all parks for conveying and disposing of sewage from manufactured homes, service buildings, and other accessory facilities.
Each manufactured home dwelling placed in a park shall be equipped with its own toilet, bath, and kitchen facilities enabling the occupants to function as an independent housekeeping entity.
Any manufactured home unit sited in the Village is to have been manufactured in accordance with all state and federal minimum standards.
An adequate storm drainage system shall be installed.
All public utility, electric, gas, cable, television, and telephone lines shall be installed underground.
The park owner shall provide for the regular collection and disposal of garbage, trash, and rubbish to prevent the trash containers from overflowing. All receptacles for trash shall have covers to prevent the littering of grounds with trash and refuse.
All fuel tanks within a manufactured home park, including all fuel tanks used for heating within manufactured homes, shall be installed in accordance with standards established by the New York State Department of Environmental Conservation or NFPA.
No manufactured home shall be located on a manufactured home lot until the roadways, sanitary sewage disposal system, water supply system, and storm drainage system serving said manufactured home lot have been installed in accordance with the approved site plan for the manufactured home park.
Manufactured home park owners shall obtain a permit from the Village approving the location of a site for the placement of individual manufactured home units prior to such units being occupied. No permit shall be issued until the owner has obtained a written certification from the New York State Department of Health that connection to a public sewer system meets standards.
Only one detached accessory building, not exceeding 100 square feet in building area, may be constructed on each such manufactured/manufactured home lot. Buildings attached to a manufactured home may be constructed, provided the total building area thereof does not exceed 100% of the building area of the manufactured home. These provisions shall not apply to carports. A permit must be obtained from the Code Enforcement Officer prior to construction of any such enclosure or addition. The application shall provide a detailed plan of the proposed construction. Such accessory structures shall be completed within two months of the date of issuance of such permit.
All occupied manufactured homes shall be set on a stand and skirted with a noncombustible material, which shall be installed on all sides of the manufactured home and constructed from the said side walls to the level of the surrounding ground, so as to enclose the area between the floor of the manufactured home and the said surrounding ground. Such skirting is to be properly ventilated and be completed within 30 days after placement of the manufactured home on the site.
All manufactured homes shall be secured to the permanent foundation in at least each corner by steel rods which are anchored down through the foundation wall into the footer. When the foundation walls are made of concrete blocks, the corner blocks shall be filled with concrete. Each anchoring device shall be able to sustain a minimum load of 4,800 pounds.
Each manufactured home site shall be provided with a stand which will give a firm base and adequate support for the manufactured home. Such stand shall have a dimension approximating the width and length of the home and any additions or expansions thereto. Well-anchored tie-owns shall be provided on at least each corner of the stand. All manufactured homes shall be placed directly upon a permanent foundation consisting of a floor of at least six inches of poured concrete, or eight-inch concrete block, placed upon a pure concrete footer which is not less than 16 inches wide and six inches in depth. This foundation shall extend a minimum of 42 inches below finished grade. The foundation shall be adequately vented.
A manufactured home park landscape plan shall be prepared and carried out which will assure the Planning Board that an appropriate planting of trees and shrubs will be included in the park design, including screening where necessary
Violation. Should the Code Enforcement Officer (CEO) determine that the owner of the manufactured home park is in violation of any of the provisions and regulations of this section, the approval authorizing the establishment of the park shall be null and void. Unless the violation is corrected within 30 days of written notification of the violation by the CEO, the use of the site for a manufactured home park shall be discontinued and all of the manufactured homes on the site removed within 10 days following the thirty-day period to correct the violation.
Sales.
No manufactured home lot shall be sold in a manufactured home park.
Manufactured homes shall be offered for sale, displayed for sale, or sold only within a manufactured home park. New manufactured home units for sale shall either be connected to all utilities or placed within a designated sales area approved as part of the overall site plan. Such designated sales area shall be only for the sale of homes in the approved park.
On-site commercial sales of manufactured homes may be permitted until such time as the park reaches 100% occupancy of all approved manufactured home lots in the park. Such commercial activity shall be discontinued and all evidence of such activity removed within seven days of reaching 100% occupancy.
Management of a manufactured home park.
Every manufactured home park shall be under the direct management of the owner or his agent or representative.
Such person shall operate the manufactured home park from an office located within the park.
Such person shall maintain a current record of the names of all persons residing at the park.
These records shall be available to any authorized person inspecting the park for compliance with these regulations.
§ 135-66 RB-1 Restricted Business District.
Purpose. The purpose of the RB-1 Restricted Business District is to provide suitable areas for various nonretail, service-oriented uses that are easily accessible to the general public. Such districts are intended, where possible, to serve as a transition area between residential uses and commercial and industrial uses. Restricted business uses generally have low volumes of traffic compared to commercial and industrial uses. The hours of operation and noise characteristics of restricted business uses are generally compatible as transition uses.
Permitted principal uses.
Single- and two-family dwelling units.
Insurance offices of independent or general agents, excluding regional or district offices of individual companies.
Medical and dental offices and clinics, excluding overnight occupancy.
Public utility offices.
Offices for attorneys, architects, designers, engineers, planners, etc., excluding any warehouse or storage areas.
Other types of executive or professional offices, determined by the Zoning Board of Appeals to be in accordance with the purpose of this district.
Permitted accessory uses and structures.
Customary accessory uses designed as an integral part of the restricted business use and scaled for the exclusive use of the development.
Customary accessory structures serving residential uses, including, but not limited to, private swimming pools, hot tubs, storage buildings, pet shelters, and barbecues.
Dimensional requirements. The dimensional requirements for this district are specified in the Zoning Schedule, which is part of this chapter.[1]
[1]
Editor's Note: The Zoning Schedule, Schedule I, is included as an attachment to this chapter.
Off-street parking and loading regulations. The off-street parking and loading regulations are specified in Article X of this chapter.
§ 135-67 CC Community Commercial District.
Purpose. The purpose of the CC Community Commercial District is to provide integrated and planned commercial areas, providing goods and services necessary to serve the needs of the population of the community.
Permitted principal uses.
Generally recognized retail businesses which supply commodities on the premises for persons residing in adjacent residential areas, such as, but not limited to: groceries, meats, dairy products, baked goods, or other foods, drugs, dry goods, clothing, toys, and notions.
Personal service establishments which perform services on the premises, such as, but not limited to: repair shops (watches, radio, television, shoe, etc.), tailor shops, beauty parlors or barbershops, tanning salons, fitness centers, banks, photographic studios, and self-service laundries.
Dry-cleaning establishments or pickup stations, dealing directly with consumers. Central dry-cleaning plants serving more than one retail outlet shall be prohibited.
Hardware stores, garden supply stores, and paint and wallpaper stores, excluding outside storage.
Liquor stores.
Newsstands and card shops.
Florists.
Restaurants, excluding drive-in restaurants.
Dance, art, and music studios.
The sale, lease, or rental of new and used vehicles, provided that:
Such sales shall be conducted in a fully enclosed building located on the same lot, and having a building area of not less than 5,000 square feet devoted to the sales and services of vehicles.
The sale of new and used vehicles may be carried on in an unenclosed area, provided that:
Such area is on the same or an adjacent lot to such building. If the enclosed area is on an adjacent lot, the lot shall be not more than 200 feet from the lot with the building, and in the same ownership as said building, and be in a CC Community Commercial District, and be used for no other purpose.
Such unenclosed area shall be paved, shall be suitably drained, and shall be maintained in a neat and orderly manner.
All exterior illumination shall be approved by the Planning Board and shall be shielded from the view of all surrounding properties and streets.
Suitable landscaping and/or fencing of such unenclosed area shall be required and approved by the Planning Board.
As used in this section, the sale of new vehicles shall be deemed to mean only the sale of such vehicles under a franchise granted to the person, firm, or corporation conducting such business by a vehicle manufacturer. Used vehicles shall be sold only in connection with the sale of new auto vehicles.
No establishment for the sale of new and used vehicles shall be opened, conducted, or maintained except as provided above. Site plans for any changes required to bring about such conformance shall be submitted to and approved by the Planning Board before any such change shall be made. The Planning Board may approve, modify, or disapprove such plans and may impose reasonable and appropriate conditions to such approval so that the spirit of this chapter shall be observed.
Commercial uses such as gift shops, tourist shops, clothing stores, furniture stores, craft shops, appliance stores, sporting goods stores, and shoe stores.
Electrical, heating, plumbing, or woodworking shops.
Auto parts stores.
Permitted accessory uses and structures.
Private garages and storage buildings which are necessary to store any commercial vehicles, equipment, or materials on the premises and which are used in conjunction with a permitted business use.
Outdoor storage areas of products sold on the premises, provided such areas are not located in the front yard portion of the lot. All outdoor storage areas shall be fenced on all sides except those not immediately adjacent to the side of a building.
Dimensional requirements. The dimensional requirements in the CC Community Commercial District are specified in the Zoning Schedule, which is part of this chapter.[1]
[1]
Editor's Note: The Zoning Schedule, Schedule I, is included as an attachment to this chapter.
Special permitted uses. The following uses may be permitted in the CC Community Commercial District consistent with the provisions of Article IX, provided a special use permit is approved by the Planning Board.
Essential services.
Motor vehicle service stations and auto repair shops.
Public and semipublic uses and buildings.
Car wash establishments.
Rental of trucks, trailers, etc., associated with gasoline service stations or other uses.
Gas stations.
Restaurants, drive-in.
Hotel or motel.
Off-street parking and loading regulations. The off-street parking and loading regulations are specified in Article X of this chapter.
§ 135-68 LI Light Industrial District.
Purpose. The purpose of the LI Light Industrial District is to permit light industrial uses and buildings, including wholesale and warehouse activities, separate from the more intensive GI General Industrial uses. Light Industrial Districts are designed to accommodate industrial operations whose external physical effects are restricted to the area of the districts and in no manner affect in a detrimental way any of the surrounding districts.
Permitted principal uses.
Laboratories engaged in research, testing, and experimental work, including any process normal to laboratory practice and technique.
The manufacture, compounding, assembling, and/or treatment of articles or merchandise from previously prepared materials, provided that no chemical process is involved in the manufacturing process.
The manufacture and/or assembly of electronic devices and electrical appliances, provided that all necessary and approved safeguards are employed to prevent hazard and annoyance to the community.
The manufacture and/or assembly of musical instruments, novelties, toys or related products, business machines, and custom-built boats.
The manufacture, compounding, processing, and storage of candy and confections, frozen foods, cosmetics, pharmaceutical products, toiletries, and food products.
Warehousing facilities.
The manufacture of precision tools.
Machine shops.
Agribusiness operations.
Other light industrial uses which, in the opinion of the Board of Appeals, are similar in nature and scale to those identified herein.
Dimensional requirements. The dimensional requirements in the LI Light Industrial District are specified in the Zoning Schedule, which is part of this chapter.[1]
[1]
Editor's Note: The Zoning Schedule, Schedule I, is included as an attachment to this chapter.
Special permitted uses. The following uses may be permitted in the LI Light Industrial District consistent with the provisions of Article IX, provided a special use permit is approved by the Planning Board.
Prohibited activities. No land, building, or premises may be used in any way which will cause or result in:
Dissemination of dust, smoke, observable gas or fumes, odor, noise, vibration, or excessive light beyond the immediate site of the building or buildings in which such use is conducted.
Menace to neighboring properties by reason of fire, explosion, or other physical hazard, including radiation.
Harmful discharge of waste materials, including refuse and airborne or waterborne wastes.
Unusual traffic hazards or congestion.
General provisions.
All processing of materials, including fabrication, shall occur indoors. There shall be no outside parking of machinery, equipment, or commercial vehicles, except during business hours.
There shall be no outside storage of material (raw, processed or partially processed, in bulk or packages) except during actual construction on the site. There shall be no outside stockpiles or storage racks.
All equipment for the handling of material and processes shall be enclosed in a suitable building. Equipment as used in this section includes, but is not limited to, conveyors, elevators, storage silos, hoppers, storage tanks, and unloading docks.
All waste, scrap, refuse, empty containers, drums, bottles, and cartons shall be stored in suitable closed containers.
Notwithstanding any other provisions, side and rear setbacks adjacent to any residential district shall be a minimum of 75 feet, of which 20 feet thereof shall be used to create a screened buffer zone. Such screening shall not be less than four feet in height and may be accomplished by deciduous and/or evergreen plantings or by a fence of acceptable design. All such buffers and screenings shall be properly maintained by the owner or owners of the industrial property.
Off-street parking and loading regulations. The off-street parking and loading regulations are specified in Article X.
§ 135-69 GI General Industrial District.
Purpose. The purpose of the GI General Industrial District is to provide areas for industrial developments and related land uses of such character to maintain a well-balanced economic component to the Village's Comprehensive Planning Program.
Permitted principal uses.
Warehouse and storage facilities.
Lumberyards, building materials yards, excluding concrete plants.
Machine and sheet metal shops, press operations, metal casting, upholstering, welding, and monument works.
Construction equipment storage and repair.
Public buildings and grounds, including storage and repair.
Public utilities substations and uses, including storage and repair, power plants and other similar uses.
Transfer station for recyclable materials.
Permitted accessory uses and structures.
Normal accessory uses and buildings, including, but not limited to, loading and unloading docks, and areas designed as an integral part of the industrial development and scaled for the exclusive use of the development.
Off-street parking areas for employees and visitors.
Dimensional requirements. The dimensional requirements for this district are specified in the Zoning Schedule, which is part of this chapter.[1]
[1]
Editor's Note: The Zoning Schedule, Schedule I, is included as an attachment to this chapter.
Special permitted uses. The following uses may be permitted in the GI General Industrial District consistent with the provisions of Article IX, provided a special use permit is approved by the Planning Board.
Off-street parking and loading regulations. The off-street parking and loading regulations are specified in Article X of this chapter.
§ 135-70 LDO Limited Development Overlay District.
Purpose.
It is the purpose of the LDO Limited Development Overlay District regulations to provide special controls over land development to protect the Village's vital environmental features and resources. It is further designed to guide land use proposals into areas (as defined in the Village's Comprehensive Plan) where they may best enhance the general welfare of the community.
Limited Development Overlay (LDO) District regulations are not intended to be substituted for other zoning district provisions. The LDO District is to be superimposed on the primary zoning districts and represent an additional level of review and regulation related to the protection of identified vital environmental features within the Village.
Finally, to the greatest extent possible, where residential development lies within the LDO boundaries, applicants may be required to cluster development away from the identified LDO area. In exchange, the site's determined development density, which otherwise would be allowed by the Planning Board for the overall parcel, may be allowed to be clustered on that portion of the site least affected by the LDO boundary. The exception to this determined development density is the Wellhead Protection Zones I-G and II-G, where the underlying zoning density would be reduced in accordance with Chapter 132, Watershed Regulations, of the Code of the Village of Bloomfield.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Districts. To carry out the foregoing purpose, the Village of Bloomfield Limited Development Overlay (LDO) District is hereby further divided into the following three overlay zone districts, which shall be designated as follows:
Official Maps.
The locations and boundaries of the LDO District shall be delineated on the Official Zoning Map and shall be based on:
The official Freshwater Wetlands Map, as prepared and maintained by the New York State Department of Environmental Conservation.
Any federal wetlands designated by the U.S. Fish and Wildlife Service on any official map, or any area found through investigation to conform with federal standards for wetlands designation as contained in "Federal Manual for Identifying and Delineating Jurisdictional Wetlands," USACOR, EPA, USFWS, USSCS; January 1988.
The 100-year base flood elevation for any stream or watercourse, to be determined by engineering studies or other studies, on a site-by-site basis, as part of any development.
The Wellhead and Watershed Protection Zones as delineated in Chapter 132, Watershed Regulations, and as further delineated on the Village of Bloomfield Official Zoning Map as Zones I-G, II-G and III-G.
The Aquifer and Recharge Area Delineation for the Village of Bloomfield, Ontario County, NY, report prepared by NY Rural Water Association and dated June 2012.
Upon application to the Village to conduct a land use activity which may be regulated by the provisions of this section, the Code Enforcement Officer shall locate the LDO District boundaries for the land area involved by using the LDO Overlay Map and the maps referenced above. Field investigations or other environmental analyses may be required in order to determine the precise LDO boundary line for a specific site.
Watershed inspector.
Any application for an LDO permit affecting land lying within any portion(s) of the three mapped Wellhead and Watershed Protection Zones that comprise the Village of Bloomfield Wellhead and Watershed Protection Area shall be referred to the Village Watershed Inspector for an advisory report. The three Wellhead and Watershed Protection Zones established elsewhere in the Village of Bloomfield Watershed Regulations under § 1100 of the Public Health Law are further delineated on the Official Zoning Map and include:
The Watershed Inspector shall have up to 10 business days upon receipt of an application from the Code Enforcement Officer (CEO) to complete the review of said application and to submit an advisory report. The advisory report shall address the standards and criteria contained in Chapter 132, Watershed Regulations. If no report is received from the Watershed Inspector within the above-specified time frame, the CEO may assume there is no objection or concern with the project and proceed with issuing the LDO permit in further accordance with the provisions of this article.
In instances where application to the Village to conduct a land use activity which may first be regulated by the provisions under Section 404 of the Federal Clean Water Act,[1] and which involves a site that has not been mapped as an LDO District on the Official Zoning Map, the CEO shall require documentation from the applicant that the requirements of said Clean Water Act have first been satisfied.
[1]
Editor's Note: See 33 U.S.C. § 1344.
Interpretation of LDO District boundaries.
The Code Enforcement Officer shall be responsible for interpreting the LDO District boundary based on: the LDO District on the Official Zoning Map; comparison to the Official Maps cited in Subsection C above; engineering analysis documentation from the U.S. Army Corps of Engineers; or a site inspection. The Code Enforcement Officer may request the assistance of the Village Engineer, Watershed Inspector, or other appropriate official in making a determination. Anyone aggrieved by this LDO boundary interpretation may make an appeal to the Zoning Board of Appeals.
Where the LDO District boundary has been established, the requirements of the LDO shall be met in addition to any requirements specified for development in the respective primary district.
Permit application procedures.
Limited Development Overlay (LDO) permit. An LDO permit shall be required prior to the commencement of any regulated activity or the issuance of a building permit for development in any LDO area within the Village of Bloomfield.
Application for permit. Applications for LDO permits shall be made in writing to the Code Enforcement Officer on forms provided by the Village. Such an application shall be made by the property owner or his/her agent and shall be accompanied by any materials or information deemed appropriate by the Code Enforcement Officer, Watershed Inspector, or Village Engineer, including, but not limited to, a scaled site plan as may be further required in the underlying zone district regulations, prepared and certified by a licensed engineer or land surveyor, that contains the following minimum information:
A location plan and boundary line survey of the property.
The location of all limited development overlay areas.
The location of all existing and proposed buildings, structures, utility lines, sewer and water service, and on-site drainage facilities within 100 feet of the proposed work site.
The location of all existing and proposed impervious surfaces such as driveways, sidewalks, etc., on the property or within 100 feet of the proposed work site.
The location of existing and proposed drainage patterns on the site.
General exceptions. The following activities are exempt from the permit procedures of this section, subject to a determination by the Code Enforcement Officer that such activities involve necessary normal maintenance and upkeep of property, and are clearly incidental to the primary use on the property and involve or improve public health, safety, or emergency situations:
Lawn care and maintenance.
Gardening activities.
Tree and shrub care and maintenance.
Removal of dead or deteriorated vegetation.
Removal of structures.
Repair and maintenance of structures.
Repair and maintenance of faulty or deteriorated sewage facilities or utility lines.
Reconstruction of structures damaged by a natural disaster.
Agricultural activities, including structural activities and other activities as may be further regulated in Chapter 132, Watershed Regulations.
Public health activities, orders, and regulations of the New York State Department of Health or other agency, in compliance with § 24-0701, Subdivision 5, of the New York State Environmental Conservation Law.
Activities subject to the review jurisdiction of the New York State Public Service Commission or the New York State Board of Electric Generation Siting and the Environment, under the provisions of Article 7 or Article 8 of the New York State Public Service Law, respectively.
Any actual or ongoing emergency activity which is immediately necessary for the protection and preservation of life, property, or natural resources.
Permit fee. Each application for an LDO permit shall be accompanied by the appropriate application fee as determined by the Village Board. This fee shall be in addition to any other fees required for development by the Village of Bloomfield.
Permit review.
The Code Enforcement Officer (CEO) shall refer a completed permit application to the Planning Board for its review and recommendations. The Planning Board shall have 30 days from the date of its receipt of a completed application in which to review such application and report its recommendations to the CEO. Should the Planning Board fail to report or make a recommendation to the CEO regarding the application within the thirty-day time period, the CEO may take action on the permit application without such report.
The CEO shall have the authority to grant or deny an LDO permit, subject to the standards, criteria, and other regulations contained in this chapter. The CEO shall consider the comments of the Planning Board and may also request a report from the Village Engineer or other appropriate agency in acting on such permit applications.
Any zoning permit issued by the CEO in accordance with the provisions of this section may be issued with conditions. Such conditions may be attached as are deemed necessary to ensure the preservation and protection of environmentally sensitive areas and to ensure compliance with the policies and provisions of this section. Every permit issued pursuant to this section shall contain the following conditions:
The CEO, Watershed Inspector, Village Engineer, and/or other appropriate official shall have the right to inspect the project from time to time.
The LDO permit shall expire six months from date of issue.
The permit holder shall notify the CEO or other appropriate official of the date on which project construction is to begin, at least five days in advance of such date.
The LDO permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit.
Appeals from decisions of the CEO regarding the granting or denying of any LDO permit, or the conditions for approval of such a permit, shall be made to the Zoning Board of Appeals.
Standards. Each application for an LDO permit shall be evaluated by the Planning Board for its consistency with the intent of these overlay regulations and the following standards:
Where the proposed action involves land(s) lying within the determined 100-year-floodplain boundary, no LDO permit shall be issued if:
The plan (drawing) does not delineate the boundary of the floodplain area; does not identify the elevation of the calculated floodplain; and does not contain a note on the map, identifying the source for determining said information.
The plan (drawing) shows any structure, including fences, lying within the delineated floodplain boundary, unless a variance has been granted by the Zoning Board of Appeals and is so noted on the plan.
The Village Engineer is not satisfied with the on-site drainage solutions, or the calculated rate of site runoff after development is not equal to the rate of site runoff before development.
Where the proposed action involves land(s) lying within a delineated State Department of Environmental Conservation (DEC) freshwater wetland, no LDO permit shall be issued unless a permit is issued by the DEC regional office pursuant to Article 24 of the New York State Environmental Conservation Law (ECL).
Where the proposed action involves land(s) lying within Zones I-G and II-G of the Village's Wellhead and Watershed Protection Area, no LDO permit shall be issued unless:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No automotive service stations, truck terminals, or public garages shall be permitted within the Wellhead and Watershed Protection Overlay Area.
Requirement for letter of credit. Following approval of an application for an LDO permit involving land(s): possessing a freshwater wetland; a 100-year floodplain; or Zone I-G or II-G of the delineated Village of Bloomfield Wellhead and Watershed Protection Area, and prior to the issuance of any building or other Village permit, the applicant shall furnish the Village Board with an irrevocable letter of credit, cash, certified check, or performance bond in an amount to be reviewed by the Village Engineer, and sufficient to cover the costs of compliance with the various specifications and conditions of the development permit. The purpose of the financial security shall be to ensure that all items, activities, or structures specified in the plans approved by the Code Enforcement Officer (CEO) are constructed or carried out in accordance with such plans and specifications and other appropriate requirements of the Village of Bloomfield. The financial security shall continue in full force and effect until such time as the CEO has certified that, based on a site inspection, all specifications, requirements, and permit conditions have been completed and/or complied with, whereupon the financial security shall be released to the applicant. The CEO, upon recommendation of the Village Engineer or other appropriate department or official, may deduct or withhold an amount from the financial security sufficient to cover the cost of noncompliance with any requirements, specifications, or permit conditions.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Suspension or revocation of permits. The CEO may temporarily suspend a permit until such time as the Village Board reviews the suspension. The Village Board, upon recommendation of the CEO, may suspend or revoke a zoning permit issued in accordance with the provisions of this section where it has found evidence that the applicant has not complied with any or all terms or conditions of such permit, has exceeded the authority granted in the permit, or has failed to undertake the project in the manner set forth in the application. The Village Board shall have 30 days from notification by the CEO to set forth, in writing, its findings and reasons for revoking or suspending a permit issued pursuant to this section and shall forward a copy of said findings to the applicant.
§ 135-71 Historic District Overlay (HDO).
Purpose.
It is the purpose of the HDO regulations to provide special controls over land development to protect the Village's historic and architectural character of structures within the established Village of Bloomfield Historic District. These regulations are not intended for the designation of historic landmarks within the Village's Historic District.
Historic District Overlay (HDO) District regulations are not intended to be substituted for other zoning district provisions. The overlay district is to be superimposed on the primary zoning districts and represents an additional level of review and regulation to prevent the impairment of or injury to the historical architecture and established cultural value of the Historic District to the community.
Finally, to the greatest extent possible, these regulations provide a reasonable degree of control over the exterior alteration of structures, either existing or proposed, within the Historic District.
District. To carry out the foregoing purpose, the Village of Bloomfield Historic District Overlay is hereby established and is based on the historic district map adopted by the Village of East Bloomfield and dated March 1, 1988, and individual historic sites as designated by the New York State Office of Parks, Recreation and Historic Preservation (NYSOPRHP).
Official Map. Upon application to the Village to conduct a land use activity which may be further regulated by the provisions of this section, the Code Enforcement Officer shall locate the HDO boundaries for the land area involved by using the HDO map and the Village of East Bloomfield Historic District Map dated March 1, 1988, or individual historic sites as designated by the New York State Office of Parks, Recreation and Historic Preservation (NYSOPRHP). Field investigations or other environmental analyses may be required in order to determine the precise HDO boundary line.
Interpretation of HDO boundaries.
The Code Enforcement Officer shall be responsible for interpreting the HDO boundary based on the HDO District on the Official Zoning Map; comparison to the Official Maps cited in Subsection C above; or a site inspection. The Code Enforcement Officer may request the assistance of another appropriate official in making a determination. Anyone aggrieved by this HDO boundary interpretation may make an appeal to the Village Board.
Where the HDO boundary has been established, the requirements of the HDO shall be met, in addition to any requirements specified for development in the respective primary district.
Permit application procedures.
Historic. District Overlay (HDO) permit:
Any owner of a structure within the HDO District who desires to repair the exterior of an existing building or structure has the right to repair with the same material without an HDO permit. The Planning Board shall have no control over interior changes in any building or structure as long as no evidence of such changes appear on the exterior.
Substantial change in the exterior design or appearance of a structure or new construction in the HDO District shall require an HDO permit. All applications for such an HDO permit shall be reviewed and decided upon by the Planning Board.
All applications shall be sufficiently detailed to show that proposed changes, additions, removals, or new construction will be in harmony with the existing structure or district.
Owners desiring to make alterations to existing structures within a designated HDO District shall design such alterations only in a manner consistent with the exterior style of the structure and the design, scale, fenestration, trim, manner, and materials of construction.
New development within the HDO District shall harmonize with the general character of the entire designated district. Notwithstanding the above, no new structure shall be required to be a copy of any particular style or architectural period.
Nothing herein contained shall be construed to require the owner of any presently existing structure within a designated district, which is otherwise maintained in conformity with the law, to make any change in the exterior design or appearance of such structure, nor shall it be construed to prohibit the use of modern materials, techniques, or methods of construction in the erection of new structures.
Owners who desire to demolish a designated structure or a structure in a designated district shall obtain an HDO permit from the Planning Board. After the granting of such an HDO permit, a period of 120 days must elapse before a demolition permit can be issued. Anyone who desires to save the structure by suitable means may have this time to determine a fair price by appraisal and to locate a purchaser who will agree not to raze the structure.
Consideration of tax abatement or reduction in assessment may be recommended to the Village Board and used to promote preservation when justified in the opinion of the Planning Board.
Application for permit. Applications for HDO permits shall be made, in writing, to the Code Enforcement Officer on forms provided by the Village. Such an application shall be made by the property owner or his/her agent and shall be accompanied by any materials or information deemed appropriate by the Code Enforcement Officer, including, but not limited to, a scaled site plan as may be further required in the underlying zone district regulations, prepared and certified by a licensed engineer or land surveyor, that contains the following minimum additional information:
Permit fee. Each application for an HDO permit shall be accompanied by the appropriate application fee as determined by the Village Board. This fee shall be in addition to any other fees required for development by the Village of Bloomfield.
Permit review.
The Code Enforcement Officer shall refer a completed permit application to the Planning Board for its review and recommendations. The Planning Board shall have 45 days from the date of its receipt of a completed application in which to review such application and report its recommendations to the Code Enforcement Officer. Should the Planning Board fail to report or make a recommendation to the Code Enforcement Officer (CEO) regarding the application within the forty-five-day time period, the CEO may take action on the permit application without such report.
The CEO shall have the authority to grant or deny an HDO permit, subject to the standards, criteria and other regulations contained in this chapter. The CEO shall consider the comments of the Planning Board and may also request a report from the Village Engineer or other appropriate agency in acting on such permit applications.
Appeals from decisions of the CEO regarding the granting or denying of any HDO permit, or the conditions for approval of such a permit, shall be made to the Zoning Board of Appeals.
Any zoning permit issued by the CEO in accordance with the provisions of this section may be issued with conditions. Such conditions may be attached as are deemed necessary to ensure the preservation and protection of the Historic District and to ensure compliance with the policies and provisions of the section. Every permit issued pursuant to this section shall contain the following conditions:
The CEO, Village Engineer, and/or other appropriate official shall have the right to inspect the project from time to time.
The HDO permit shall expire six months from date of issue.
The permit holder shall notify the CEO or other appropriate official of the date on which project construction is to begin, at least five days in advance of such date.
The HDO permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit.
Maintenance and repair required.
Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a structure in the HDO District which does not involve a change in design or outside appearance. Appearance, in this instance, does not include a change in the color of the exterior paint.
No owner or person with an interest in real property located within the HDO District shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which, in the judgment of the Planning Board, would produce a detrimental effect upon the character of the Historic District as a whole or the property itself. "Deterioration," in this instance, shall mean the decline in the quality of the property's architectural features to that state or level where it becomes necessary for the Village to take action to cause the correction of these deteriorated features in the interests of overall property maintenance. Examples of such deterioration include, but are not limited to, the following:
Deterioration (cracking, crumbling, or rotting away) of exterior walls or other vertical supports;
Deterioration of roofs or other horizontal members;
Deterioration of exterior chimneys;
Deterioration of exterior stucco or mortar;
Ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors; and
Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.
§ 135-72 Mixed Development Overlay (MDO) District.
Purpose.
It is the purpose of the Mixed Development Overlay (MDO) District to permit the mixing of certain nonresidential uses on individual properties with residential uses, and to provide special land use controls to ensure the orderly development of such sites. These regulations are intended to:
Enable the mixed use of a principal structure on a parcel of land located only within the CC Community Commercial or the RB-1 Restricted Business Districts; and
Establish standards designed to minimize land use conflicts resulting from a mix of uses located within a structure on a single parcel of land.
Mixed Development Overlay District regulations are not intended to be substituted for other zoning district provisions. The overlay district is to be superimposed on sites within the CC Community Commercial and RB-1 Restricted Business Districts. These MDO District regulations are designed to protect the health, safety, and welfare of the community.
MDO mixed uses limitations. Sites within the MDO District shall be subject further to the following use limitations:
All uses first permitted in either the CC Community Commercial or RB-1 Restricted Business Districts shall be permitted only in the ground-floor portion of a principal building.
In no event shall the residential portion of a mixed use building be used to gain access to the nonresidential portion.
Residential and nonresidential uses may be combined in a principal building, but no such building shall house more than three dwelling units.
The minimum floor area for each dwelling unit shall be the same as that established elsewhere in this chapter for the MR Multiple Residence District.
Off-street parking for each of the respective uses being requested shall be provided in accordance with the minimum standards as set forth in Zoning Schedule II.[1]
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
All MDO uses shall also comply with the requirements set forth elsewhere in the New York State Fire Prevention and Uniform Code.
MDO District mapping requirements. To carry out the foregoing purposes, the locations and boundaries of the MDO Mixed Use Overlay District shall be delineated on the Official Zoning Map and located within a mapped CC Community Commercial or RB-1 Restricted Business District. All MDO mapping shall comply with the regulations contained in § 135-32 of this chapter and those further specified in § 135-72D below.
Procedures for MDO District mapping. The procedures for amending the Official Zoning Map as set forth in § 135-8 of this chapter shall be supplemented as follows:
A petition to establish an MDO District designation shall be made to the Village Board by filing an application for rezoning with the Village Clerk/Treasurer. Such application shall include a concept site plan and a completed environmental assessment form (EAF). The Village Clerk/Treasurer shall, after the Village Board officially receives the application, refer the request to the Village Planning Board.
Prior to the Village Board taking action to hear the petition, the applicant shall first meet with the Planning Board to discuss the proposal and any site design concerns. At this meeting, the applicant shall describe how the proposed MDO rezoning would be integrated into the underlying zone district. In addition, the applicant shall identify how the MDO proposal would impact neighboring land uses, any site development constraints, the availability of utilities, access to public streets and the adequacy of off-street parking. The applicant shall prepare a concept plan of the site proposed for the MDO Overlay rezoning. Said concept plan shall include the following information:
The delineation of the parcel boundary, all buildings or structures on the parcel, driveway or access point(s), the off-street parking areas for both the residential and nonresidential uses, walkways, dumpsters (if any), signage (both existing and proposed), and landscaping.
The on-site connections to public water service, sewer service, and storm sewer service (if available). Where storm sewer service is not available, the plan shall indicate the method proposed for on-site drainage control.
Identification of any covenants, grants of easements, or other deed restrictions proposed to be imposed upon the use of the land, buildings, or structures, including proposed easements for public utilities and drainage.
A floor plan for the proposed mixed-use building, identifying the residential and nonresidential portions, the separate entrances for each use, and any other matters that may be required by the New York State Uniform Code or Electrical Code.
A written description of the proposed site's relationship to existing land use and zoning within 200 feet; the identification of any vacant parcels within the area; and the character of the neighborhood.
A written statement by the applicant identifying the reason(s) why the overlay zoning is necessary and how it would complement the Village's Comprehensive Plan.
Any other information or documentation which the applicant deems necessary to identify the nonresidential use and the residential use being proposed.
Within 45 days of the receipt of the application and supporting documents, the Planning Board shall render an advisory report to the Village Board on the requested MDO zoning.
A favorable report from the Planning Board shall be based on the following findings, which shall be included as part of the report:
The proposal implements the goals and policies of the Village of Bloomfield Comprehensive Plan.
The concept plan meets all of the requirements of this chapter.
The proposal is conceptually sound, in that it meets a community need and conforms to accepted design standards.
Adequate public water and sewer services and utilities are available, or proposed to be made available, in order to properly serve the proposed mixed-use development.
An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant the conditions under which a favorable report may be issued.
Upon receipt of a report from the Planning Board, the Village Board shall consider the application for the establishment of the Mixed Development Overlay (MDO) District.
If the Village Board agrees to consider the petition for overlay districting, it shall complete the necessary SEQR documentation and conduct a public hearing on the petition and the environmental record.
Should the Village Board approve of the requested MDO Overlay Zone, the Official Zoning Map shall be so amended. Each overlay zone amendment shall document, as part of the record, the residential and nonresidential mixed-development uses permitted by said legislative action.
All Mixed Development Overlay (MDO) District sites shall be subject to site plan approval by the Planning Board and compliance with the dimensional requirements for the respective underlying zone as set forth in Schedules I and II of this chapter.[2]
[2]
Editor's Note: Said Schedules are included as attachments to this chapter.
§ 135-73 Village Center (VC) District.
Purpose. The purpose of the Village Center (VC) District is to support the goals, objectives, and policies adopted as part of the 1998 Comprehensive Plan. More specifically, the VC District is intended to encourage the development of a small-scale, mixed-use area providing convenient shopping and services that cater to the community. New development shall be consistent with the walkable and historic character of the district. In order to accomplish this, the VC District regulates the location, design and use of structures and land to create a dense concentration of activity, including amenities that create a comfortable environment for visitors traveling on foot, by bicycle, or by motor vehicle.
Permitted uses. The following uses are permitted within the VC District when conducted entirely within an enclosed building:
Retail and other related uses, including but not limited to the sale of groceries, pharmaceuticals, auto parts, flowers and plants, and spirits and wine.
Personal services and other related uses, including but not limited to laundromats, beauty parlors, financial institutions, repair shops (other than auto repair), and fitness centers.
Dry-cleaning establishments or pickup stations dealing directly with consumers. Central dry-cleaning plants serving more than one retail outlet are prohibited.
Professional services and offices, including medical offices and clinics.
Sit-down restaurants, excluding drive-in and drive-through restaurants.
Pet grooming.
Artisan and craftsman studio in conjunction with a retail operation.
Dance, art, and music studio.
Theater.
Special permitted uses.
Drive-through facilities in conjunction with a permitted use. Stand-alone drive-through facilities are prohibited. Refer to § 135-95 of this chapter.
Residential uses in conjunction with a permitted use or a specially permitted use. Refer to § 135-96 of this chapter.
Any permitted or specially permitted use not conducted entirely within a completely enclosed building. Refer to § 135-98 of this chapter.
Lot size and setbacks.
No minimum front setback is required. The maximum front setback shall be five feet from the public right-of-way. Relief from this provision may be provided for pedestrian amenities such as recessed entries or chamfered corners.
No minimum side setback is required. Buildings should be built to occupy the full width of properties within the district along the street frontage. Exceptions are permitted to allow access drives to rear parking areas.
The minimum rear setback shall be five feet.
Where a property abuts a boundary with another zoning district, the minimum setback from the boundary line shall be 15 feet.
Building design.
New construction shall be or appear to be two stories in height.
Entry points shall be located to afford direct access from the sidewalk. Corner buildings may have two separate entry points or a single entry point at the corner.
Drive-through facilities shall be placed to the rear of the building.
Facade arrangement shall include proportions and architectural elements reflecting the pre-World War II architectural traditions of Bloomfield and the surrounding region. Photos of other historic buildings and evidence of the historic nature of the elements used shall be provided as a basis for the facade design.
Facades wider than 40 feet and facing a right-of-way shall be divided into bays or smaller increments to reflect the scale of the historic buildings within the business district.
If a building faces more than one right-of-way, all of the facades which face a public street shall be architecturally consistent with each other in building materials, window size and style, trim, etc.
On all facades facing a right-of-way, a visual separation shall be provided between the first and second stories of the building. This element may consist of decorative trim, awnings, or a change of material that creates added relief in order to add a shadow line that delineates the end of the first story. In the case of a building with a steep gable roof and dormers, the eave may satisfy this requirement.
The upper floor shall incorporate transparent glass openings. If no such upper floor exists:
Opaque or heavily tinted glass is not permitted.
Existing windows shall not be covered up or changed in size unless the proposed change is part of an effort to restore the original appearance of the building.
No external security devices (coiling shutters, accordion gates, etc.) shall be utilized. Alternative security systems such as lighting, alarms, and interior barriers are to be used when necessary.
Architectural details.
Materials.
All new construction or remodeling that is visible from the public right-of-way shall utilize materials that appear to be smaller in scale, such as brick or clapboard. Larger scale materials, such as concrete block, shall be limited to the rear of the building.
Brick selected for new construction or renovation shall reflect the pre-World War II architectural traditions of Bloomfield and the surrounding region.
Vertical siding is permissible if it reflects the pre-World War II architectural traditions of Bloomfield and the surrounding region.
All wood shall be finished using either stain or paint. All metal shall be colored; clear-coated aluminum or stainless steel is not permitted.
Doors, windows, and awnings.
Doors should allow visual access to the interior of the building. If the door is solid, it shall be multipanel. All doors shall be painted or stained to accent the building.
Multipane glass or the appearance of multipane glass shall be used to break up larger windows.
The pedestrian zone shall allow visual access a minimum of three feet to the interior of the building. Displays that do not completely obstruct the visual access into the building shall be permitted. Window treatments such as curtains or blinds shall be permitted.
If awnings are placed on a facade, they shall be consistent with the shape of the window that they are located over. For example, an awning placed over an arched window shall be arched and an awning placed over a rectangular window shall be a flat-topped awning.
Awnings shall have a triangular or curved profile.
Awnings may not be backlit.
Colors. Exterior colors shall be consistent with historic traditions of the Village and region. Colors that are garish, iridescent, or fluorescent are prohibited.
Parking. The following requirements are intended to augment the existing parking regulations outlined in Article X. In cases where there are conflicting requirements, this section shall take precedence.
The required minimum number of parking spaces to be provided for each use in the Village Center District is specified in Schedule II.[1]
[1]
Editor's Note: Schedule II, Off-Street Parking Spaces Required, is included as an attachment to this chapter.
No use shall provide more than 33% in excess of the requirements listed in Schedule II, except through the approval of a special use permit, as provided for in § 135-99 of this chapter.
Property owners are encouraged to work cooperatively to develop shared parking where possible.
The Planning Board shall review such shared parking areas to determine the appropriate number of spaces to be provided. The required number of spaces may be reduced from the total which would be required if the uses were considered individually, if it can be shown that adequate parking would still be provided (e.g., if the uses sharing the spaces will not be utilizing them at the same time).
Projects that cross parcel boundary lines shall have an access management plan, including, but not limited to, cross-access easements for pedestrian and vehicular traffic.
Parking shall be placed behind the rear building line of the principal building, and no parking shall be closer than 20 feet to any right-of-way. For these purposes, in the case of a corner building constructed within five feet of both rights-of-way, each side opposite the respective right-of-way shall be considered a rear of the building.
Parking shall be buffered from residential properties utilizing landscaping, which can include fencing and other forms of hardscape no greater than six feet in height.
Up to two commercial vehicles, which are directly related to the business, may be parked behind the building.
Parking lots shall be paved or otherwise covered with a hard-surfaced, all-weather, dust-free material. Parking lots must be well-drained and shall not shed runoff to adjacent properties.
Administration.
Site plan review is required prior to the issuance of a building permit within the Village Center District. The Village Planning Board shall be responsible for the review of these items as part of the site plan review process.
Relief from these provisions may only be granted by the Zoning Board of Appeals, except as otherwise provided in § 135-16 of this chapter.
If development of a parcel or parcels is to be phased, a whole-development build-out plan, detailing all phases of the project, is required as part of the application for site plan review.
The Village reserves the right to retain an architect and engineer, or any other professional, to assist with the implementation of these guidelines and standards during site plan review. The cost incurred by the Village for these services shall be paid for by the applicant, as provided for in § 135-145B. These fees will be added to the standard site plan review fees.
In order to complete the review, a color rendering and samples or descriptions of the materials to be used are required by applicants.
The demolition of any structure within the VC District is considered an unlisted action under SEQR. Site plan approval of a proposed redevelopment plan for the property must be obtained prior to the issuance of a demolition permit. Relief from this provision may be granted by the Village Board of Trustees if the structure is deemed to be a safety hazard by the Code Enforcement Officer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]