East Bloomfield City Zoning Code
ARTICLE III
General Provisions Applicable to all Districts
§ 135-9 Applicability of regulations.
No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used for any purpose other than those included among the uses listed as permitted or special permitted uses in each zone district of this chapter and meeting the requirements set forth herein. Open space contiguous to any building shall not be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking requirements and all other regulations required by this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the certificate of occupancy shall become null and void.
§ 135-10 Preservation of natural features.
A.
No structure shall be built within 100 feet of the bed of a stream carrying water on an average of six months of the year, except for:
(1)
Public bridges, public water works and other municipal or public utility facilities; and
(2)
Such private bridges, fords, drainage conduits, embankments and similar structures as are necessary to permit access to a lot or portion thereof or as are incidental to a lawful use of a lot, provided that such structure will not have a material adverse effect on the stream, nor alter the flow of water therein, nor substantially increase the likelihood of flood or overflow in the area.
B.
No person shall strip, excavate, stockpile or otherwise remove or relocate topsoil, except in connection with the approved construction or alteration of a building; a structure; parking lot or road; a swimming pool; or lawful excavation operations pursuant to this chapter.
C.
No movement of earth or soil erosion shall be permitted at any time in any district which adversely affects conditions on any other property.
D.
Whenever natural features such as trees, brooks, drainage channels and views interfere with the proposed use of property, the retention of the maximum amount of such features consistent with the intended use of the property shall be encouraged.
§ 135-11 Regulations applicable to all districts.
[Amended 5-24-1993 by L.L. No. 1-1993; 2-26-1996 by L.L. No. 1-1996; 5-24-1999 by L.L. No. 1-1999; 1-22-2001 by L.L. No. 1-2001; 6-9-2003 by L.L. No. 1-2003; 6-28-2021 by L.L. No. 2-2021; 6-10-2024 by L.L. No. 3-2024; 10-14-2025 by L.L. No. 4-2025]
A.
Except as specifically provided herein, no lot shall have erected upon it more than one principal building; or, allowed more than one principal use. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
B.
No start of construction shall commence until final subdivision or site plan approval has been granted by the Town and the subdivision map has been filed in the Ontario County Clerk's office. In special circumstances, the Town Board may grant approval for site preparation in advance of final approval upon application for permission to the Town Board and consultation with the Planning Board. Said application shall be supported by good and sufficient reasons for starting in advance of final approval and must contain adequate surety for the performance of the work.
C.
Accessory or storage buildings, including, but not limited to, a garage for the parking of passenger automobiles of residents on the premises, garden house, tool house, play house, housing for domestic animals, incidental to the residential use of the premises, shall be subject to the following:
(1)
Accessory buildings attached to a principal building shall comply with the yard requirements of this chapter for the principal building.
(2)
No more than two detached accessory buildings, excluding private garages, may be located on any parcel containing less than one acre of land in a residential district. Detached accessory buildings with less than 50 square feet of floor area shall not be included in determining the number of accessory buildings on a property.
(3)
The total area of all detached accessory buildings on any parcel of land containing less than one acre of land in a residential district, including buildings with less than 50 square feet of floor area, shall not exceed 200 square feet in area. The area of detached private garages shall not, however, be included in determining total square footage of detached accessory buildings.
(4)
No detached accessory building in a residential district shall exceed 35 feet in height.
(5)
No detached accessory building shall be closer to the street right-of-way line than the minimum front yard setback for the principal building.
(7)
The Code Enforcement Officer may require detached accessory buildings to be fenced and/or buffered from adjacent properties consistent with approved site development plans in order to protect the value of adjacent properties.
(8)
These provisions shall not apply to agricultural buildings which are intended to be used for income-producing agricultural activities.
D.
Every principal building shall have access to a public street. Said access shall be improved to meet Town requirements. Access may be either direct or by private road or drive approved by the town. Where a private road or drive provides access to more than one principal building, said road shall have a right-of-way width of not less than 60 feet and an improved surface of at least 22 feet in width. All structures shall be located on lots so as to provide safe and convenient access for servicing, fire protection and required off-street parking. Private roads/driveways longer than 500 feet will have a pulloff to accommodate emergency vehicles at a location to be determined by local authorities having said jurisdiction.
E.
At the intersection of two or more streets, no hedge, fence or wall (other than a single post or tree) which is higher than three feet above curb level, nor any obstruction to vision, including agricultural crops, shall be permitted in the triangular area formed by the intersecting street lines and a line joining each 50 feet distant from said intersection measured along the edge of the pavement.
F.
Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard setback area shall be measured from such proposed right-of-way line.
G.
No business establishment shall place or display goods for purposes of sale or permit any coin-operated vending machine of any type to be placed in any location which would infringe upon the required yard areas specified in this ordinance.
(1)
Rural occupation. A site plan is required for any and all new or existing small-scale owner operated off-site construction, driveway installation or repairs, landscaping, tree trimmers, lawnmowing, snow plowing, delivery services and small-scale low intensity businesses of a similar nature that store outside equipment, vehicles and materials. A "rural occupation" shall not include restaurants, drive—in retail fuel stations, outdoor storage of inoperative motorized equipment, or other high intensity businesses of a similar nature.
(2)
The site plan will review the need for the following including but not limited to screening, noise, dust and odor, number of vehicles, type of materials and equipment. No vehicles over a class V will be allowed. The main goal is to reduce the visual impact of outdoor storage on the neighborhood's aesthetics and to maintain a visually appealing environment without disrupting the character of the neighborhood.
H.
Agricultural operations.
(1)
Normal agricultural operations or practices are allowed in all districts of the town.
(2)
No manure, odor or dust-producing substances shall be permitted to be stored within 200 feet of any lot line, unless such substance is part of accepted agricultural operations or practices and the land involved lies within an established State Agricultural District.
(3)
Agricultural tourism. When the property is subject to public use, a site plan review will be required by the Planning Board. The practice of visiting an agribusiness, horticultural, or agricultural operation, including, but not limited to, a farm, orchard, winery, a companion animal, or livestock show, for the purpose of purchase, recreation, education, or active involvement in the operation, other than as a contractor or employee of the operation. In order to be included under this definition, an activity or use must occur on a farm that is actively producing agricultural products for purchase and sale. It may include any farm marketing or agricultural tourism endeavor such as farm markets, farm direct marketing, farm stays, farm visits, roadside markets or stands, U-pick operations, rent-a-tree operations, community-supported agriculture, rural tourism, agricultural museums, corn mazes, cider mills, farm brewery, farm distillery per the NYS Alcoholic Beverage Control Law, pumpkin patches, petting farms, on-farm retail meat shops, on-farm retail dairies and creameries, on-farm woolen goods shops, maple syrup farms, farm wineries, Christmas tree farms, multifarmers' markets, on-farm retail nurseries, on-farm gift shops, on-farm flowers, herbs and spices stores, on-farm bakeries, and on-farm restaurants or cafes. "On-farm" means an activity occurring upon a working farm. Agritourism includes the following related products and uses:
(a)
Agriculturally related products. Items sold at a farm market to attract customers and promote the sale of agricultural products. Such items include, but are not limited to, all agricultural and horticultural products, animal feed, baked goods, ice cream and ice-cream-based desserts and beverages, jams, honey, gift items, foodstuffs, clothing and other items promoting the farm and agriculture in New York and value-added agricultural products and production on-site.
(b)
Nonagriculturally related products. Those items not connected to farming or the farm operation, such as novelty T-shirts or other clothing, crafts and knickknacks imported from other states or countries, etc.
(c)
Agriculturally related uses. Those activities that predominantly use agricultural products, buildings or equipment, such as pony rides, corn mazes, pumpkin rolling, barn dances, sleigh/hay rides, and educational events, such as farming and food preserving classes, etc.
(d)
Nonagriculturally related uses. Activities that are part of an agritourism operation's total offerings but not tied to farming or the farm's buildings, equipment, fields, etc. Such nonagriculturally related uses include but are not limited to amusement rides, concerts, seasonal events, hosting meetings, weddings, and parties are subject to a site plan. When planned attendance exceeds 1,000 persons for outdoor events an operating permit is required. Bounce house, pillows temporary tents in excess of 400 sq. feet, etc., will be subject to an operating permit. When nonagricultural related uses occur on a farm in a residential district additional criteria such as buffering for noise and glare will be reviewed on a case-by-case basis based on the existing natural features of the parcel.
I.
For the purpose of regulating the location of buildings on corner lots and on lots extending between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located.
J.
No front yard shall be used for the open storage of boats, vehicles, travel trailers or any other equipment, except for vehicular parking on driveways. Such vehicles may be stored on the side of the building but not nearer than 10 feet from the rear or side lot line.
K.
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter, either with respect to any existing structures or use and any proposed structures or use or setbacks.
L.
Nothing in this chapter shall restrict the construction, use or maintenance of public buildings, structures or facilities, parks or other publicly owned properties or the installation and maintenance of such public utilities as may be required to service any district.
M.
Fences erected in the Town shall adhere to the following standards:
(1)
No fence in a front yard of a residential district shall be erected, altered or reconstructed to a height exceeding four feet above ground level.
(2)
Fences in any rear or side yard of a residential district may be erected, altered or reconstructed to a height of up to eight feet above ground level.
(3)
Fencing used to enclose a tennis court may be permitted up to 12 feet in height, provided that such fencing is not less than 15 feet from either the side or rear property line.
(4)
These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
(5)
Fences in the restricted business, industrial and commercial districts may be up to eight feet in height.
(6)
Fences for kennels and for the purpose of enclosing farmland, horses, cattle and communication towers shall not exceed eight feet in height.
(7)
No fence shall be erected to encroach on any property line or upon a public right-of-way.
(8)
No fence shall be erected in a delineated area of special flood hazard, except for farm fences, provided that it can be demonstrated that such fence would not restrict the flow of floodwaters nor would it have any impact on any buildings. No fence shall be erected in such area of special flood hazard until a development permit is obtained in accordance with § 135-50 of this chapter.
N.
If the use of any lot or building involves the disposal of sewage or wastewater and public sewers are not available, an adequate sanitary disposal system for the same shall be installed in accordance with regulations and standards promulgated by the Town of East Bloomfield and by the Department of Health and at all times maintained on such lot or in lawful connection therewith. The minimum lot area otherwise required shall be increased where necessary to the extent required to provide such disposal system. Certification of approval for the installation of on-site sewage disposal systems shall be obtained from the Town Code Enforcement Officer or the Department of Health and submitted to the Town Code Enforcement Officer prior to the start of construction. In addition, if the use of any lot or building involves a private water source, an adequate well shall be installed in accordance with regulations and standards imposed by the New York State Department of Health. Certification of the quality and quantity of the well and water system shall be submitted to the Town Code Enforcement Officer prior to the start of construction.
O.
Except for customary farm operations, no lot shall be used for the commercial storage or disposal of solid or liquid waste without the prior approval of the Town Board. Duly approved individual sewage disposal systems shall be excepted from this provision. Town Board approval shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties and evidence of any required permits necessary from the New York State Departments of Health and/or Environmental Conservation. The Town Board may require the submission of any documents necessary to make the foregoing finding. Consistent with the provisions of Subsection N above, this provision shall not prohibit the storage of animal waste upon any farm.
P.
Individual sewage disposal systems shall be designed, installed and maintained in accordance with approved plans and the procedures and standards of the New York State Departments of Health and Environmental Conservation.
Q.
All construction plans shall include design solutions for each site's drainage needs. Site grading shall direct water away from buildings and structures to the natural drainageway or a public storm drainage system. Where no public storm drainage system exists, site drainage controls will be required for each development to maintain surface runoff to any adjacent site or natural drainageway. The rate of surface runoff shall be the site's existing rate shown to exist based on accepted drainage calculation.
R.
Any structure which has been vacant or which has had utility service disconnected for 12 consecutive months shall not be used for any purpose without obtaining a new certificate of compliance.
S.
Any structure damaged by fire and determined by the Code Enforcement Officer to be substantially destroyed by fire shall require a new building permit before any reconstruction is started. A new certificate of occupancy shall also be required.
T.
Any structure partially destroyed by fire shall be rebuilt in accordance with this chapter and the following additional provisions:
(1)
No permit shall be required to restore/replace any interior portion of a structure to its same condition prior to its being damaged unless over 50%.
(2)
Any structural damage resulting from a fire, including, but not limited to, size of building, bearing walls, entranceways or building materials, shall require a new building permit, and said reconstruction shall meet or exceed the Uniform Code requirements and the provisions of this chapter and the State Energy Code.
U.
No more than two antennas and no more than one TV satellite reception dish shall be permitted on any lot in any district.
V.
The dumping of refuse, waste material and other substances shall be prohibited in all districts. This is not, however, to be construed as prohibiting filling to establish grades following the issuance of a permit by the Code Enforcement Officer. Materials used as fill to establish grades shall consist solely of clean dirt, gravel and other clean fill. All materials applied shall be leveled and covered with at least four inches of clean dirt and subject to approval of the Code Enforcement Officer.
W.
No dwelling units shall be allowed to keep more than three dogs which are more than six months of age.
X.
A resident living in a single-family residence or duplex may keep chickens and ducks on the lot on which the resident resides and is subject to the following:
(2)
All chickens/ducks shall be kept behind the front line of the house.
(3)
All chickens/ducks shall be confined in a coop, pen or run. All chickens/ducks will be kept within the lot lines of said owner's residential property.
(4)
A building permit is required from the Town for a permanent chicken coop, 51 square feet or larger. It shall be located in rear yards and no closer to any lot lines than an accessory structure for the district it's located in. A building permit is not required for a nonpermanent chicken coop of 50 square feet and below. This also includes chicken runs commonly called "chicken tractors." These shall not be beyond the front line of the house and no closer than five feet to any lot line.
(5)
There shall be a minimum of six square feet of run space and two square feet of coop space per chicken or duck.
(6)
Chicken/duck feed must be secured from pests.
(7)
All animal by-products must be collected and removed under sanitary conditions on a regular basis. Temporary storage will not be within 25 feet of any lot line or 100 feet of any water supply or waterway.
(8)
Roosters shall not be allowed on less than five acres.
Y.
All ponds, including farm, water conservancy and fire protection ponds, shall not be established any closer than 25 feet to any property line or 100 feet to any road right-of-way.
Z.
Any personal communication tower/use requiring a tower more than 35 feet above grade or whose power exceeds one watt is not to be considered as a personal use and is subject to the same restrictions as any commercial tower (see special user permit § 135-69). Interference demonstrated by surrounding neighbors is to be corrected within 90 days or use shall be discontinued, building permit and certificate of compliance terminated and the offending device will be dismantled.