Blooming Grove City Zoning Code
ARTICLE III
Zoning Districts and Zoning Map
§ 235-5 Districts established.
[Amended 12-27-2005 by L.L. No. 7-2005]
A.
Establishment of districts.
(1)
The zoning districts listed below are hereby established and the Town of Blooming Grove is divided into the districts listed:
[Amended 12-13-2017 by L.L. No. 13-2017; 3-12-2024 by L.L. No. 3-2024]
Symbol | Zoning District |
|---|---|
RR | Rural Residential District |
RC-I | Rural Crossroads I District |
RC-II | Rural Crossroads II District |
ORI | Office Research/Light Industrial District |
NNI | Non-nuisance Industrial |
SB | Sustainable Business |
(2)
The overlay districts listed below are hereby established:
[Amended 9-7-2021 by L.L. No. 2-2021]
Symbol | Overlay District |
|---|---|
SG | Scenic Gateways Overlay District |
SV | Scenic Viewshed Overlay District |
RL | Ridgeline Overlay District |
SR | Scenic Roads Overlay District |
SW | Surface Water Overlay District |
M | Mining Overlay District |
B.
Intent of districts.
(1)
Intent of districts.
(a)
Rural Residential District. The purpose of this district is to promote the Town's rural character, protect open space and environmentally sensitive resources, and to guide residential development in a manner that is consistent with the Town's Comprehensive Plan.
(b)
Rural Crossroads I District. The purpose of the RC-I District is to promote the traditional development pattern in which commercial and residential uses would be located at the intersections of rural roads, in a manner compatible with the Town's rural character.
(c)
Rural Crossroads II District. The purpose of the RC-II District is to establish a new focal point for the Town's public institutions and support a mix of both commercial and residential uses.
(d)
Office Research/Light Industrial District. The purpose of the ORI District is to allow areas of well-buffered light industrial, service commercial, office and research facilities with minimal visual impacts.
(e)
Non-nuisance Industrial District. The purpose of the NNI District is to allow areas of well-buffered light industrial, service commercial, office and research facilities with minimal impacts to adjoining residential neighborhoods.
[Added 12-13-2017 by L.L. No. 13-2017]
(f)
Sustainable Business District. The purpose of the SB Zoning District is to allow light industrial, commercial, office and research facilities within a campus-style park-like planned development setting, which are well-buffered from, and minimize impacts to, adjoining residential uses. The SB District shall be designed to preserve significant expanses of open space consistent with the adopted Town of Blooming Grove Community Preservation Plan. Landscaping and preservation of contiguous open space shall be integral to the campus-like setting.
[Added 3-12-2024 by L.L. No. 3-2024]
(2)
Overlay districts. The purpose of overlay districts in this Zoning Code is to protect specific types of resources such as scenic viewsheds, scenic roads, and ridgelines. Overlay districts do not change the use and dimensional requirements of the underlying land use districts unless specifically so stated. They do impose specific requirements that must be followed. Three visually sensitive districts, Scenic Roads, Ridgeline, and Scenic Viewshed, will require an additional visual assessment review in order to obtain approval. On any given parcel of land, more than one overlay district may apply, and the Planning Board shall have the discretion to determine how best to reconcile the requirements of different overlay district. Unless there is a sound reason to do otherwise, the more restrictive requirements will apply.
(a)
Scenic Gateways Overlay District. The purpose of this overlay district is to protect those areas defined as Town Gateways in order to foster civic pride, promote healthy economic development, and maintain and preserve cultural identity.
(b)
Scenic Viewshed Overlay District. The purpose of this overlay district is to protect areas of scenic importance. This district serves to provide additional protection to ensure the preservation of scenic qualities, which include landscaping and site design, the preservation of native vegetation, and the design of buildings and structures.
(c)
Ridgeline Overlay District. The purpose of this overlay district is to protect the ridgelines and hillsides in order to preserve this scenic resource, help protect people and property from potentially hazardous conditions particular to hillsides, and require all practical innovative design solutions.
(d)
Scenic Roads Overlay District. The purpose of this overlay district is to protect the scenic character of roads in the Town that are in areas that remain substantially undeveloped and/or provide important scenic views, pursuant to the Town's Comprehensive Plan.
(e)
Surface Water Overlay District. The purpose of this overlay district is to protect the scenic character and water resource values of the surface water bodies in the Town, including any stream, lake, pond or other water body (including wetlands).
(f)
Mining Overlay District. The purpose of this overlay district is to allow mining areas with diverse nonresidential commercial and industrial activities that generate property tax revenues and employment, while protecting adjoining residential neighborhoods.
[Added 9-7-2021 by L.L. No. 2-2021]
§ 235-6 Zoning Map.
[Amended 12-27-2005 by L.L. No. 7-2005]
Zoning district boundaries. The boundaries of said districts are hereby established as shown on the Zoning Map which, with all explanatory matter thereon, is hereby adopted and made a part of this chapter. A copy of said map, indicating the last amendments, shall be available in the offices of the Town Clerk and the Building Inspector for the use and benefit of the public and shall be kept up-to-date.
§ 235-7 Interpretation of district boundaries.
In determining the boundaries of districts shown on the Zoning Map, the following rules shall apply:
A.
Where a district boundary is shown as following a street, highway, road, right-of-way, interstate highway, public utility right-of-way, railroad or stream or watercourse, the boundary is respectively the center line of such street, highway, road, right-of-way, interstate highway, public utility right-of-way, railroad or main channel of a stream.
B.
Where a district boundary is shown as following a Town boundary line, property line, lot line or a projection of any one of the same, such boundary shall be such landmarked or monumented line or projection thereof. If such boundary is shown as separated from, but approximately parallel to any such landmarked or monumented line or projection thereof, such boundary shall be deemed to be parallel to any landmarked or monumented line or projection thereof, as the case may be, at such distance therefrom as shown on the Zoning Map. If such boundary is shown as separated from but approximately parallel to any such landmarked or monumented line, such district boundary shall be deemed to be parallel to the aforesaid center line at such distance therefrom as shown on the Zoning Map.
C.
Where a question arises as to the exact boundary of a district, the boundary shall be determined by the Board of Appeals.
§ 235-8 Effect of establishment of districts.
Following the effective date of this chapter:
A.
No building shall be erected, moved, demolished, structurally altered, reconstructed or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose in any manner except in compliance with this chapter and all other applicable laws, together with all rules, requirements and restrictions appurtenant thereto.
B.
No yard or open space required in connection with any building or use shall be considered as providing a required yard or open space for any other building or use on the same or any other lot.
C.
No lot shall be formed from part of a lot already occupied by a building or use unless such building or use, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located.
D.
Any use not specifically permitted by this chapter, but not prohibited by this chapter (§ 235-12), shall be permitted only by special permit of the Town Board. Uses identified as special permit uses or conditional uses shall be deemed prohibited unless a valid special permit is granted for such use by the Town Board or conditional use approval is granted by the Planning Board, as identified in the Table of General Use Requirements.[1]
[Amended 12-27-2005 by L.L. No. 7-2005]
[1]
Editor's Note: The Table of General Use Requirements is located at the end of this chapter.
E.
Preexisting uses identified as special permit uses or conditional uses in this chapter for which a valid certificate of occupancy exists on the effective date of this chapter or amendment thereof shall not be deemed nonconforming unless such uses are noncomplying as to the bulk or supplemental regulations of this chapter.
F.
No building permit or certificate of occupancy shall be granted for any building, structure or use unless the Building Inspector first finds that said building, structure and use conforms to the standards set forth in this chapter. Where a question, ambiguity or controversy exists concerning such conformance, the Building Inspector shall make an appeal for an interpretation to the Zoning Board of Appeals.
G.
No land or buildings shall be used in any manner so as to create any hazard to the public health, peace or comfort or to hinder the most appropriate use of land in the vicinity in that all such uses shall conform to the performance standards prescribed in § 235-66 for the control of noise; vibration; smoke, dust and other atmospheric pollutants; odor; radiation and electromagnetic interference; fire, explosive hazard and heat; liquid or solid wastes; and vehicular traffic emissions therefrom.