The proposed special use is consistent with the general intent of the Village's Comprehensive Plan and with each of the specific purposes set forth in this chapter.

The location, size, and use of the structures involved, nature and intensity of the operations involved, and size and layout of the site in relation to the proposed special use are such that it will be compatible with the orderly development of the use district.

The operation of the proposed special use is no more objectionable to the uses of nearby properties, by reason of traffic and safety; dust or smoke emission; noise; odors; fumes; pollution of air or water, including subsurface waters; unsightliness; or similar conditions than would be the operation of any permitted use.

The proposed special use satisfies each and all standards and conditions specified for such special use by the relevant provisions of this article.

The Planning Board may impose additional conditions or restrictions as it may deem necessary prior to approving any special use permit application in order to protect public health and safety, the quality of the Village's natural resource base, and the value of property. The CEO shall make an on-site visit to each property authorized as a special use not less than one time each year. The purpose of said site visit is to ensure that the use is being operated in accord with the conditions specified by the Planning Board. If the CEO shall determine that a violation of this chapter or the conditions imposed by the Planning Board exists, the certificate of occupancy and/or certificate of compliance shall be null and void. A new special use permit application shall be required to be submitted and approved prior to the reestablishment of said use.

No site preparation or construction shall commence nor shall existing structures be occupied for any special permit use until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.

Essential services as defined in § 135-75 herein may be allowed as a special permit use in any zone district upon the approval of a special use permit by the Planning Board.

The Planning Board shall determine the following, prior to approving a special use permit:

In addition to the information required in the special use permit application and enumerated in § 135-76 herein, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, and the number and location of fuel pumps to be installed.

Such uses shall be screened from adjacent uses by a buffer area not less than 10 feet in width, composed of densely planted evergreen shrubbery, solid fencing, or a combination of both, which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across the district boundary line. The Planning Board shall determine on an individual-case basis how close to the right-of-way the landscaped buffer shall be required to be installed. Such buffer screen shall have a minimum height of six feet above the ground. If said shrubbery and/or fencing becomes decayed and fails to provide an adequate screen, the CEO shall direct the property owner to replace said shrubs and/or fencing.

The entire area of the site traveled by motor vehicles shall be hard-surfaced.

All repairs of motor vehicles, except for minor servicing, shall be performed in a fully enclosed building. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.

Motor vehicle service stations may include facilities for the sale of food, household items, and convenience merchandise, provided that the sale of such items takes place entirely within an enclosed building.

No commercial parking (fee-based parking) shall be allowed on the premises of a motor vehicle service station or auto repair shop.

Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.

No building or structure, including gasoline pumps or automotive service appliances, shall be erected within 40 feet of any street line.

No motor vehicle service station or auto repair shop may display more than four unregistered vehicles for sale or repair outside of an enclosed building at any one time.

No motor vehicle service station or auto repair shop shall have more than two driveways on any public street fronting the site. The driveway width on any street shall not exceed 1/3 of the total site frontage on each street.

No driveway shall be closer than 50 feet to the intersection of two street corner lot lines, or within 20 feet of an adjacent lot line.

No motor vehicle service station or auto repair shop, and no driveway to any such use, shall be established within 200 feet of the boundary line of any residential district, or of any school, church, park, playground, public library, or any place of public assembly designed for the simultaneous use of 100 persons or more, regardless of the district where the subject premises are located. For the purposes of this section, the distance shall be measured along the street line on the side of the street where such use is proposed or such driveway would cross.

No motor vehicle service station, no outdoor gasoline or oil pump, and no automotive service appliance shall be established on a lot that is within 1,000 feet of another lot on which there is an existing motor vehicle service station or outdoor gasoline or oil pump or other automotive service establishment; or of another lot for which a building permit has been issued for the erection of a motor vehicle service establishment. Such 1,000 feet shall be measured along the same street frontage as the lot containing the existing or permitted motor vehicle service establishment.

A statement setting forth the details of the operation of the use.

The applicant shall provide the Planning Board with evidence of approval, certificate of need, license, or other similar document required to initiate or expand such a use from any and all appropriate regulating agencies.

The proposal shall meet the minimum area and yard requirements for such uses as specified in Schedule I of this chapter.[1]

The proposed use shall meet the minimum off-street parking and loading and unloading requirements of this chapter as well as provisions for landscaping, buffering, signs, and accessways.

The Planning Board, in considering the request for a special use permit, may impose conditions it deems necessary to protect the health, safety, and welfare of the Village.

General requirements. No site preparation or construction shall commence, nor shall existing structures be occupied, until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved. The following general requirements and standards shall govern the review and approval of site plans for townhouse clusters or developments:

Minimum standards for townhouse clusters or developments.

Building standard.

Townhouse parking standards.

Size of townhouse dwelling units. The gross habitable floor area for each townhouse dwelling unit shall conform to the minimum requirements specified in § 135-64I(3) of this chapter.

Landscape site design standards.

Site circulation system design standards.

Miscellaneous townhouse regulations.

Special accessory uses. The following special accessory uses may be established for the common and exclusive use of owners of townhouse residences and their guests. Such special accessory uses shall be operated on a not-for-profit basis and subject to the approval of the Planning Board.

A site plan shall be submitted in conformance with the requirements of § 135-29 of this chapter.

The minimum tract size shall be 15 acres.

The lot size, yard, area, and height requirements shall be established on an individual-case basis which reflects the unique conditions of each site proposed for development, the potential impact on adjacent properties, and to ensure consistency with the Village Comprehensive Plan.

The number of lots or units (density of development) in a cluster residential development plan shall not exceed that which could be created under a conventional development plan for the same tract of land.

The developers shall set aside an area of not less than 20% of the gross acreage of the tract, to be devoted exclusively to permanent recreation areas or open space.

All recreation or open space areas shall, in the opinion of the Planning Board, be suitable for such use. The ownership and future maintenance of such recreation areas shall be subject to the approval of the Village Board or offered for dedication to the Village.

In determining the overall density to be allowed for a residential site, all areas of the site, including those lying within the Limited Development Overlay (LDO) District, will be included. However, no lot shall be approved for development where said lot would lie entirely within the LDO boundary unless it is shown that clustering is not feasible or that such development would not have a potentially large adverse impact on the environment.

The vehicle washing facility or customary uses or operations associated with the facility shall be located no closer than 200 feet to any residential district and shall be separated from a residential district by another nonresidential use.

All washing facilities shall be within a completely enclosed building which shall be designed in keeping with the facades of adjacent land uses. All automated vehicle wash operations shall be so soundproofed, the entire development shall be so arranged, and the operations shall be so conducted that the noise emanating therefrom, as measured from any point on an adjacent property, shall be no more audible than the noise emanating from the ordinary street traffic and from other commercial or industrial uses measured at the same point on said adjacent property. Noise level shall be a condition of approval, subject to determination by the Village after the facility is built. If, after the facility is constructed, it is determined that the noise level exceeds this standard, then operations of the facility shall cease or be prohibited from starting unless and until the facility is modified to reduce the noise level below the established standard.

Vacuuming facilities may be located outside the building, but shall not be between the building and a right-of-way. The side setback shall be a minimum of 10 feet and the rear setback a minimum of 15 feet. Such area shall be buffered or screened as deemed appropriate by the Planning Board.

Off-street parking.

"Reservoir or stack parking" is defined as parking spaces provided for vehicles waiting to enter or leave the washing facility.

All hard surfaces shall be well-drained and shall not shed runoff to adjacent properties.

Any lights used to illuminate the area shall be directed downward and away from adjacent properties to prevent glare and light trespass.

Hours of operation between 9:00 p.m. and 6:00 a.m. shall not commence unless and until approved by the Village Board, upon recommendation by the Planning Board. Such approval may include conditions as determined by the Planning Board and/or Village Board. Such conditions may include, but are not limited to, a limit on the number of days each week that such establishment may be allowed to operate between those hours. Approval may be granted for a limited time. At the end of such time, the Planning Board shall review the operations and recommend to the Village Board the continuance, modification, or termination of the approval. Such extension of the approval may also include conditions.

No rooming house/boardinghouse shall provide shelter for more than four tenants who are not family members.

Off-street parking shall be provided as follows: at least two spaces for the family residing on the premises, plus not less than one additional space for each roomer.

One building identification sign up to six square feet in area may be permitted on the premises. Such sign may not be illuminated, except indirectly.

The Planning Board shall specify the minimum amount and location of buffer screening to ensure that the use does not create a nuisance for adjoining property owners.

In addition to the application requirements specified for zoning permits in § 135-29, the site plan proposals for a windmill or wind generator shall also show:

No windmill, including blades, shall extend more than 75 feet above the average ground level measured at the base of the tower.

No more than one windmill or tower shall be permitted as an accessory use to any property.

No windmill shall be erected in any location where its overall height, including blades, is greater than the distance from its base to any property line.

Access to the tower shall be limited either by means of a fence six feet high around the tower base with a locking portal or by limiting tower climbing apparatus to no lower than 12 feet from the ground.

No windmill shall be installed in any location along the major axis of an existing microwave communications link where the operation of the windmill is likely to produce an unacceptable level of electromagnetic interference, unless the applicant provides sufficient evidence satisfactory to the Planning Board, indicating the degree of expected interference and the possible effect on the microwave communications link.

Windmills shall be located or installed in compliance with the guidelines of the Federal Aviation Regulations with regard to airport approach zones (15.503) and clearance around VOR and DVOR stations.

All sites proposed for windmills shall have sufficient access to unimpeded air flow for adequate operation. The Siting Handbook for Small Wind Energy Conversion Systems, PNL-2521, or other nationally recognized reference should be used as a guide in siting the location or towers.

No windmill shall be installed in a location where the impact on the neighborhood character is determined by the Planning Board to be detrimental to the general neighborhood character.

If the windmill is to be interconnected to an electric utility distribution system, the applicant shall provide evidence of approval of the proposed interconnect by the local power company.

Towers shall be located in either a rear or side yard. Applicants seeking a side yard site shall demonstrate that such a location is essential to the viability of the proposed investment.

Guy wires and anchors for towers shall not be located closer than 10 feet to any property line.

All windmills shall be designed with an automatic brake to prevent overspeeding and excessive pressure on the tower structure.

The minimum distance between the ground and any protruding blades shall not be less than 10 feet as measured at the lowest point of the arc of the blades.

Any building proposed to be converted to create additional living units shall have not less than 2,000 square feet of gross floor area.

No more than four living units shall be created by conversion within any individual structure.

The conversion shall comply with the requirements of the Uniform Code and this chapter.

The minimum habitable floor area for living units shall be: 500 square feet for efficiency units; 600 square feet for one-bedroom units; 800 square feet for two-bedroom units; and 900 square feet for three-bedroom units.

Any parcel of land with an existing single-family dwelling proposed to be converted to create additional dwelling units shall have an area of not less than 20,000 square feet in the R-1-20 Residential District and 40,000 square feet in the MR Multiple Residence District or RB-1 Restricted Business District.

The Planning Board shall determine that water supply and sanitary sewer services are adequate to support the additional density.

The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.

A minimum of two off-street parking spaces shall be provided for each independent housekeeping unit.

The Planning Board shall specify the minimum amount and location of landscaping and buffer screening to be provided to ensure that the use does not create a nuisance for adjoining property owners.

The minimum lot size, frontage, and setback requirements shall conform to the specifications set forth in Schedule I of this chapter.[1]

Each unit of a duplex shall be served with separate utility meters and shutoff valves.

In cases where eight or more duplex structures are planned for a subdivision, the Planning Board shall carefully consider the need for two access points to the subdivision and require them, if needed.

Each duplex structure shall have its own individual driveway access to a public street.

Each dwelling unit in a duplex structure shall have not less than two off-street parking spaces.

The minimum living area to be provided in each duplex unit shall equal or exceed the minimum area required for single-family dwellings.

Each duplex unit shall be landscaped to effectively screen dissimilar uses from one another and to protect and enhance the overall quality of the existing neighborhood.

The Planning Board shall determine that the neighborhood character of the site proposed for duplex units is appropriate for such use and that plans for water supply, sewage disposal, and storm drainage are capable of serving the proposed use.

The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.

The Planning Board shall specify the minimum amount and location of landscaping and buffer screening to be provided to ensure that the use does not create a nuisance for adjoining property owners.

No site preparation or construction shall commence until final site approval has been granted by the Planning Board and permits issued by all governmental agencies involved.

Each beauty shop or barbershop shall have separate waiting and work station areas. In addition, each shop shall comply with the requirements of the New York State Uniform Code.

In addition to customary hair care services, barbershops and beauty shops may also provide physical (e.g., aerobic) exercise equipment stations and tanning services, provided they are located in separate areas of the building.

Barbershops and beauty shops may sell merchandise associated with their hair care and/or personal health care services.

In the event instructional physical exercise classes are offered, the physical exercise room shall have a separate external entrance to the building. The floor area used for physical exercise purposes may not exceed by more than twice the floor area devoted to barbershop or beauty shop use.

One building identification sign is permitted, as provided for in Article XI of this chapter.

Off-street parking spaces shall be provided as required in Schedule II of this chapter.[1]

In the event an outdoor hot tub is proposed as an accessory use to the beauty shop or barbershop, such facility shall meet the standards required elsewhere in this chapter for a swimming pool[2] and shall be screened from any adjacent property.

The Planning Board shall specify the minimum amount and location of landscaping or screening for off-street parking to ensure that the use does not create a nuisance for adjoining property owners.

All other governmental approvals have been obtained by the applicant to operate a nursery or day-care center.

The building shall meet the requirements of the New York State Uniform Code.

On-site recreational facilities shall be provided and maintained for the exclusive use of members. Such area shall be physically separate from on-site parking areas or driveways and screened from adjacent properties.

Off-street parking spaces shall be provided as required in Schedule II of this chapter.[1]

One building identification sign is permitted, as provided for in Article XI of this chapter.

A site plan is approved, showing the location on the property for buildings, open storage of vehicles, customer parking areas, and areas devoted to the on-site servicing of the rental vehicles.

There shall be no on-site storage of any related customer equipment, materials, or vehicles.

All repairs and service, including vehicle washing, shall be within an enclosed building, except for gasoline dispensing units.

All gasoline sales shall be restricted to vehicles rented. There shall be no sale of gasoline or oil products to the general public.

All open storage of rental vehicles shall be in either the side or rear yards of the site. All open storage areas shall also be screened from any adjacent noncommercial site.

Any rental vehicle may be offered for sale to the public at any time. However, in no event shall the sale of trucks, trailers, or recreational vehicles be allowed to become the principal use of the site without first obtaining a permit and site plan approval for the sale, lease, or rental of vehicles as otherwise required in the CC Community Commercial District.

One building identification sign is permitted, up to the maximum square feet allowed for signs in the CC Community Commercial District, as specified in Article XI of this chapter.

All bulk storage permits must be obtained by the owner from the New York State Department of Environmental Conservation.

The operation of all gasoline dispensing units must be supervised by a full-time employee.

All gasoline dispensing units shall contain automatic shutoff nozzles. In addition, all such pumps shall have safety flushing devices in accordance with Uniform Code Standards or National Fire Protection Association (NFPA) standards, to include automatic shutoffs in the event of emergency.

A price sign for the gasoline being sold shall be affixed to each dispensing unit and sized to sign standards contained in this chapter.

There shall be no repairs to motor vehicles allowed on the site.

Any merchandise available for sale shall be maintained within a fully enclosed building, except for an ice cooler and flammable material such as propane or wood.

Hours of operation between 9:00 p.m. and 6:00 a.m. shall not commence unless and until approved by the Planning Board.

The Planning Board, in considering a request for a special use permit and site plan approval, may require the operator to submit additional information to adequately describe the location and operation of such activity and, as a condition of granting such approval, may impose any conditions it deems necessary to protect the health and safety of motorists and pedestrians and to protect adjacent properties from potential adverse impacts of such use.

The applicant shall submit a written statement setting forth the details of the operation of the proposed use.

The applicant shall provide the Planning Board with evidence of approval, license, or other similar document required to initiate or expand such a use from any and all appropriate regulating agencies.

The proposal shall meet the minimum yard requirements for such uses as specified in Schedule I.[1]

The proposed use shall meet the minimum off-street parking and loading and unloading requirements of this chapter as well as the provisions for landscaping, buffering, sign controls, and access ay requirements, which limits each such use to only one accessway from the highway.

Lighting shall be provided in a manner so as to minimize potential disturbance to adjacent properties and roadways.

The location of all on-site refuse containers shall be identified and maintained. In addition, any dumpster shall be enclosed and effectively screened from adjacent properties.

Any outdoor eating area shall be maintained, landscaped, and physically separated from any off-street parking area or driveway. In no event shall outdoor eating be allowed unless the site has a dust-free (paved) parking surface.

The Planning Board, in considering the request for a special use permit, may impose conditions it deems necessary to protect the health, safety, and public welfare of the Village.

The minimum size lot shall be two acres.

The proposed site plan shall meet the minimum setback requirements for other uses as permitted in the LI District and as contained in Schedule I of this chapter.[1]

The maximum number of individual storage bays allowed for each mini-warehouse structure shall not exceed 200 feet in linear building length.

All surfaces shall be paved, maintained, and well-drained to approved drainage facilities.

All units shall be adequately lighted on both the exterior and interior. There shall be interior lighting for each storage unit. Interior lighting may be on a time device to permit automatic shutoff. No exterior lighting shall be allowed to cause glare on any adjacent site.

Each mini-warehouse unit shall be clearly identified, and the owner shall maintain records of all occupied units.

No mini-warehouse unit shall be allowed to store any hazardous material.

No mini-warehouse unit shall be used for vehicle repairs or body work.

Adequate landscaping shall be provided to minimize the visual impact of the warehousing structure on adjacent sites.

Signs shall be permitted as regulated in Article XI of this chapter, to identify the business and provide information about where to contact the owner.

The minimum lot size, frontage, and setback requirements shall conform to the specifications set forth in Schedule I of this chapter for single-family dwellings.[1]

The building proposed for occupancy as a tourist home/bed-and-breakfast shall contain no more than four lodging rooms for hire, and shall not violate provisions of the New York State Fire Prevention and Building Code.

Meals may be served on premises to residents and registered guests.

The operator of the tourist home/bed-and-breakfast shall reside on the premises and shall be the only permanent occupant on the premises.

No tourist home/bed-and-breakfast use shall be established on a lot that is within 500 feet of another lot measured along the same street frontage on which there is an existing tourist home/bed-and-breakfast establishment.

Off-street parking shall be provided as set forth in Schedule II of this chapter.[2]

Signs shall be permitted as regulated in Article XI of this chapter.

The exterior of the building should be maintained consistent with the character of the area.

The Planning Board shall specify the minimum amount and location of landscaping and buffer screening to ensure that the use does not create a nuisance for adjoining property owners.

Ingress and egress shall be provided so as not to conflict with adjacent business use or adversely affect traffic flow along a major thoroughfare.

Each unit shall contain not less than 240 square feet of floor area.

No guest shall establish permanent residence at a motel for more than 30 consecutive days within any calendar year.

An accessory use customarily related to a hotel or motel, such as a restaurant, dry-cleaning store, and beauty shop or barbershop, may be permitted, provided that such accessory use shall be located entirely within the building to which it is accessory and does not have a direct outside entrance for customers.

Off-street parking shall be provided for the hotel or motel guests in accordance with the provisions in Schedule II of this chapter. Additional off-street parking shall be provided in accordance with Schedule II for each accessory use permitted. The parking standards specified in Schedule II may be waived by the Planning Board where it is found that conference guests will be transported to and from the site by bus, taxi or limousine on a daily basis.[1]

Recreation facilities may be provided for any special permitted hotel or motel. A minimum of 10% of the gross floor area of the building or 1/2 acre of land, whichever is the greater, shall be used for open or enclosed recreation facilities to serve guests.

A freestanding sign may be permitted to identify only the name of the hotel or motel. Any additional or accessory uses located within the hotel/motel shall be required to have a building-mounted sign identifying the use.

Adult bookstores, adult motion-picture theaters, massage establishments, and adult entertainment uses and businesses shall only be located in the Commercial District as designated by the Village of Bloomfield on its Zoning Map, as amended from time to time; shall require a special use permit; and shall also be subject to the following regulations:

Any permit granted may be revoked by the Planning Board after due hearing on not less than 10 days' notice to the person holding such permit, in the event that the use violates any of the conditions or restrictions imposed by the Planning Board upon issuance of such permit, or if such use shall have become a nuisance.

Application of special permit regulations.

Shared use of existing tall structures. At all times, shared use of existing tall structures (for example, municipal water towers, multistory buildings, church steeples, farm silos, etc.) and existing or approved towers [see Subsection A(2) above] shall be preferred to the construction of new towers.

New telecommunication towers. The Planning Board may consider a new telecommunication tower when the applicant demonstrates that shared use of an existing tall structure or existing and approved tower is impractical. An applicant shall be required to present an adequate report inventorying all existing tall structures and existing or approved towers within a reasonable distance of the proposed site. This distance shall be determined by the Planning Board in consultation with the applicant. The report shall outline opportunities for shared use of these existing facilities as an alternative to a proposed new tower. The report shall demonstrate good-faith efforts to secure shared use from the owner of each existing tall structure and existing and approved telecommunications tower as well as documentation of the physical, technical, and/or financial reasons why shared usage is not practical in each case. Written requests and responses for shared usage shall be provided.

Shared usage of an existing tower site for placement of a new tower. Where shared usage of an existing tall structure or existing and approved telecommunication tower is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection C above. Any proposal for a new tower shall also be subject to the requirements of Subsections G through V below.

New tower at a new location. The Planning Board may consider a new telecommunication tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures or existing and approved telecommunication towers is impractical, and submits a report as described in Subsection C above, and when the Planning Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with Subsection D above. Any proposal for a new telecommunication tower shall also be subject to the requirements of Subsections G through V below.

New towers: future shared use. The applicant shall design a proposed new telecommunications tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Planning Board a letter of intent committing the owner of the proposed new tower, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter shall be filed with the Code Enforcement Officer prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special permit. The letter shall commit the new owner and his/her successors in interest to:

Site plan review: submission requirements.

Lot size and setbacks. All proposed telecommunication towers and accessory structures shall be located on a single parcel and shall be set back from abutting parcels and street lines a distance sufficient to substantially contain on-site all icefall or debris from tower failure, and to preserve the privacy of any adjoining residential properties.

Visual impact assessment. The Planning Board shall require the applicant to undertake a visual impact assessment which may include the following:

New tower design. Alternative designs shall be considered for new towers, including lattice and single-pole structures. The design of the proposed new tower shall comply with the following:

Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to the approval of the special permit.

Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower and accessory structures from nearby residential property, as well as from public sites known to include important views or vistas. Where a site abuts a residential property or public property, including streets, screening shall be required.

Access. Adequate emergency and service access shall be provided as approved by the local Fire Chief. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance.

Parking. Parking shall be provided to assure adequate emergency and service access. The Planning Board shall determine the number of required spaces based upon a recommendation from the applicant. No parking spaces shall be located in any required open or green space.

Fencing. The tower and any accessory structures shall be adequately enclosed by a fence of not less than eight feet in height above ground level, a design of which shall be approved by the Planning Board.

Removal. The applicant shall submit to the Planning Board a letter of intent committing the tower owner, and his/her successors in interest, to notify the Code Enforcement Officer within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Code Enforcement Officer prior to issuance for a building permit (assuming the telecommunications tower is approved according to this section). Obsolete or unused towers and accessory structures shall be removed from any site within three months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this section and shall be punishable according to Article XIV.

Intermunicipal notification for new towers. In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing and approved telecommunications tower in a neighboring municipality be considered for shared use, and to assist in the continued development of County 911 services, the following shall occur:

Notification of nearby landowners. The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within 200 feet of the property line of the parcel on which a new tower is proposed. Notice shall also be mailed to the administrator of any state or federal parklands from which the proposed tower would be visible if constructed. Notification, in all cases, shall be made by certified mail. Documentation of this notification shall be submitted to the Planning Board prior to the public hearing.

Exceptions. The following communications towers are excepted from the provisions of this section:

Time limit. The Planning Board, when considering a special use permit for the erection and maintenance of a communication tower, may place a time period on the special use permit that is being requested. Said time limit shall clearly stipulate the conditions imposed with granting the special use permit and the basis for the Planning Board not to renew said permit for another specified time period.

Assurances. The Planning Board may, as a condition of special use permit approval, require the applicant to provide a letter of credit, performance bond, or other financial guarantee to the Village that funds will be available for the Village's use to remove said structure in the event of noncompliance with the provisions of this chapter.

Fees. The applicant shall be charged a communications tower application fee, which shall be determined by the Board of Trustees as contained in the official fee schedule.[2] An annual renewal charge for a permit to operate a communications tower will be determined by the Board of Trustees as contained in the official fee schedule.

Drive-through facilities must be in conjunction with a permitted use. Stand-alone drive-through facilities are prohibited.

A drive-through facility must be placed to the rear of the structure in order to ensure that its presence does not obstruct pedestrian access to the building or interfere with pedestrian traffic along the public right-of-way. A detached facility may be used to accomplish this.

Driveways, access, and circulation aisles must be paved and drained.

Landscaping and screening shall be provided to screen the facility from the adjacent properties.

A minimum of four reservoir spaces shall be provided for vehicles entering the drive-through facility; a minimum of one reservoir space shall be provided for vehicles exiting the drive-through facility.

Each dwelling unit shall be located, constructed, and served by public utilities in such a fashion that each dwelling unit may be sold individually.

The minimum habitable floor area for living units shall be 500 square feet for efficiency units, 600 square feet for one-bedroom units, 800 square feet for two-bedroom units, and 900 square feet for three-or-more-bedroom units.

Dwelling units shall be placed on the second floor.

The Planning Board shall determine that water supply and sanitary sewer services are adequate to support the additional units.

The Planning Board shall determine that the street system servicing the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjacent property owners.

A site plan is approved showing the location on the property for buildings, open storage of vehicles, and customer parking areas.

Not more than two commercial vehicles, directly related to the operation of the permitted or specially permitted use, may be stored on the property.

No unlicensed vehicles shall be permitted.

No vehicular repairs are to be conducted on-site.

The area used for vehicular storage shall be paved and drained.

Landscaping and screening shall be provided to screen the storage area from the adjacent properties.

Vehicle storage shall not be visible from the public rights-of-way and shall not occupy more than 15% of the total site area.

A site plan is approved showing the location on the property for buildings, outdoor operation, and customer parking.

All outdoor operations must be located on the same parcel as the permitted use.

The total area devoted to the outdoor operation shall not exceed 20% of the total site.

The area of outdoor operation must be delineated using landscaping, architectural treatments such as bollards or railings, or other means approved by the Planning Board.

All outdoor operations must cease at midnight.

Application for such approval shall include a narrative describing the rationale for the spaces requested.

No other off-site parking resources (i.e., shared parking or street parking) are available within 1,000 feet of the proposed use.

Placement and configuration of the proposed parking spaces are consistent with the intent and language of the Village Center Zoning District.

Parking will be available for use by the general public. Such spaces shall be identified on the site plan, and signs posted on the property shall clearly indicate those spaces available for use by the general public.

Authority. This section is enacted pursuant to the authority granted by § 10, Subdivision 1(i), of the Municipal Home Rule Law, and pursuant to §§ 7-700 through 7-704 of the Village Law of the State of New York, which authorize the Village of Bloomfield (herein, the "Village") to adopt zoning provisions that advance and protect the health, safety, and welfare of the community, and "to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor."

Title. The title of this section is "Village of Bloomfield Solar Energy Law."

Legislative intent. It is the purpose and intent of this section to promote and protect the health, safety and welfare of the residents of and visitors to the Village of Bloomfield, including:

Background and policy. The Village of Bloomfield Board of Trustees finds that renewable energy systems, and in particular solar energy systems, are beneficial to the community and to the environment, provided that the installation and operation of such systems complies with certain regulatory requirements that take into account the impact such systems may have on neighboring properties, including, without limitation, site plan approval, height and setback requirements, as well as decommissioning assurances as provided herein.

Definitions. As used in this section, the following terms shall have the meanings indicated:

General rules.

Roof-mounted solar energy systems.

Ground-mounted collection systems.

Major solar collection systems. Major solar collection systems shall not be permitted within the Village of Bloomfield limits.

Special use permit standards.

Enforcement. Any violation of this section shall be deemed a zoning violation and shall be subject to the same civil and criminal penalties as provided in Article XIV this chapter.

Severability. If a court of competent jurisdiction determines that any clause, sentence, paragraph, subdivision, or part of this section or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, it is the intent of the Board of Trustees of the Village of Bloomfield that the court's order or judgment shall not affect, impair, or invalidate the remainder of this section but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this section or in its application to the person, individual, firm or corporation or circumstance directly involved in the controversy in which such judgment or order shall be rendered; and that the balance of this section shall remain in full force and effect, notwithstanding such court order or judgment.