West Bloomfield Town
City Zoning Code
City Zoning Code
ARTICLE XV
Requirements Applying to All Districts
§ 140-115 Purpose.
The requirements applying to all districts regulate activities, uses, structures, conditions and treatments that may be present on a property whether or not a principal structure or use is present. These requirements contribute to and promote the health, safety, comforts, conveniences and/or necessities of the property's occupants, the immediate neighborhood and/or the entire West Bloomfield community.
§ 140-116 Accessory buildings and uses.
Unless otherwise specified, all accessory buildings shall observe the same yard requirements as principal buildings except as noted below:
A.
Accessory buildings less than 75 square feet shall not require a permit.
B.
No more than three accessory buildings, including accessory buildings that do not require a permit, shall be included on any single lot, excluding farm buildings in the Agricultural District.
C.
No more than two accessory buildings shall be allowed on a single lot in the Mobile Home Park District.
D.
Accessory uses, except for school bus wait stations, shall maintain all setbacks outlined for the district.
E.
In commercial and industrial districts, accessory buildings shall be a minimum of 20 feet from side or rear lot lines, except that the accessory buildings shall be a minimum of 25 feet from any residential district boundary.
F.
Accessory buildings may be located in the front yard only when the principal building is more than 500 feet from the highway right-of-way line and the accessory building is at least 200 feet from the highway right-of-way.
§ 140-117 Building lot approval.
When residential or commercial construction is proposed on an existing lot of record that has not been approved as a building lot through subdivision approval, building lot approval shall be required from the Planning Board. Such approval shall require submission of a grading, drainage, erosion and sediment control plan and stormwater management plan as outlined in Chapter 121, § 121-31.
§ 140-118 Buildings and setbacks.
A.
Principal buildings. No more than one principal building shall be permitted on any lot within the AG, R-1, and R-2 Districts, with the following exceptions:
(1)
Approved apartment complexes.
(2)
School campuses.
B.
Setbacks.
(1)
Setbacks are established to provide separation between structures on adjoining lots and between structures and the public right-of-way to provide for privacy, to reduce the risk of fire, and to enhance the safety and general welfare of the community. No structure shall be constructed within a yard or setback area.
(2)
Setbacks shall be determined as follows:
(a)
The front yard setback is the area between the front lot line and a line equidistant from the front lot line for the length of the required front yard setback of the applicable district.
(b)
The side/rear yard setback is the area between all other lot lines and a line equidistant from all other lot lines for the length of the required side/rear setback of the applicable district.
 |
§ 140-119 Fences and walls.
The following shall apply to all fences and walls in the Town of West Bloomfield:
A.
Fences required. Fences in existence as a result of special use permits or site plan review shall be maintained as originally required.
B.
Heights.
(1)
The height of a fence or wall is the vertical distance from the ground to the top of the fence or wall measured at any given point along the line of the fence or wall.
(2)
No fence or wall in a residential district shall exceed six feet in height.
(3)
In no event shall fences or walls in nonresidential districts abutting residential districts exceed six feet in height.
(4)
Within all nonindustrial districts, no fence or wall, other than a necessary retaining wall, over three feet in height shall extend into the front yard of any lot.
(5)
A fence of 10 feet shall be allowed to enclose a tennis court, provided that such fencing is not less than 25 feet from either the side or the rear property line.
(6)
Fences for the purpose of enclosing farmland, horses and cattle shall not exceed eight feet in height.
C.
Fence surface.
(1)
In residential districts, fences not more than 60% solid may be located in any front yard or in any yard with street frontage.
(2)
Except for agricultural uses, no chain-link or barbed-wire fencing shall be permitted in the front yard.
(3)
All solid fences shall be installed so that the better side shall face outward; all bracing shall be on the inside of the fence.
(4)
Where walls and fences are required, they shall be of a material compatible with the building architecture.
(5)
All required fences and walls shall be maintained and, when necessary, repaired or replaced.
(6)
Wooden retaining walls are prohibited.
D.
Street intersections. At the intersection of two or more streets, no hedge, fence or wall which is higher than three feet above curb level and no obstruction to vision shall be permitted in the triangular area formed by the intersecting street center lines and a line joining each 50 feet distant from said intersection along said street center lines.
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E.
Fences and all supporting structures must be entirely on the property of the party erecting the fence and shall not encroach upon a public right-of-way.
F.
No fence shall be erected in a special flood hazard area.
G.
Electrified fences.
(1)
Electrified fences are not permitted, except for control of livestock.
(2)
Underground electric fences designed to keep pets in the yard are not considered electrified fences.
§ 140-120 Flood hazard areas.
A.
No structure, except for bridges, recreational shelters with no walls, and canoe launches, shall be erected in an area that is designated as being within the one-hundred-year-flood boundary as determined by FEMA.
B.
Existing structures within the flood hazard area may be repaired or altered, provided that the alteration does not extend the structure further into the flood hazard area.
C.
If a structure, other than those listed above, is destroyed by fire, flood, or other natural disaster, the structure shall not be rebuilt.
§ 140-121 Landscaping, buffers and screening.
A.
General landscaping requirements.
(1)
For purposes of this section, the landscaped area shall include the area required or permitted, under this section, to be devoted to landscaping and environmental improvement, which may include existing and new vegetation, berms, lighting, street furnishings and ornamental features which are integrated with the vegetation. Single-family and two-family dwellings are exempt from these requirements.
(2)
The following standards shall be observed for all projects subject to this section:
(a)
Whenever possible, development plans shall be designed so as to minimize the number of trees (six-inch caliper and greater) which would have to be removed or would otherwise disturb the forest floor.
(b)
The following minimum ground area of the total lot area shall be landscaped:
[1]
Commercial uses: 15% of the site.
[2]
Multifamily residential uses: 15% of the site.
[3]
Industrial uses: 20% of the site.
(c)
In general, landscaped areas shall be located along public streets and sidewalks.
(d)
A landscaped area shall have a minimum width of five feet excluding curbs, retaining walls or similar enclosing structures.
(e)
Landscaping materials shall be contained so as not to spill or intrude into the public right-of-way.
(f)
Wooden timbers, because of the likelihood of rotting, may not be used for containing a landscaped area.
(g)
All trees shall be planted and maintained to grow upright and plumb, and the tree pit shall be mulched.
(h)
The use of synthetic vegetation (turf, plastic plants, etc.) shall not be allowed for any required landscaping.
B.
Plant sizes and specifications.
(1)
The minimum size for a shrub shall be 30 inches in height.
(2)
The number of shrubs shall be determined by requiring one shrub for every 10 feet of perimeter of the lot.
(3)
The minimum size for a tree shall be a two-inch caliper.
(4)
The number of trees shall be determined by requiring one tree for every 40 feet of perimeter of the lot. Trees planted in the right-of-way, when planted in conjunction with sidewalk development, may count towards this requirement, but trees planted within 10 feet of the public right-of-way shall be protected by root guards. An existing tree may be counted towards meeting the requirements of this provision, provided that the tree has a caliper of at least three inches and the condition of the tree is approved for that purpose by the Code Enforcement Officer. Such trees must be depicted on the landscape plan.
(5)
Ground covers planted to satisfy the standards of this section shall have a minimum container size of one gallon.
C.
Ground treatments.
(1)
Mulch shall be installed and maintained at a minimum depth of three inches on all planted areas except where ground cover plants are fully established.
(2)
Turf areas shall be planted with species suitable as permanent lawns in the region. Turf areas may be sodded or seeded. Additional maintenance shall be provided until coverage is complete.
(3)
Other ground covers suitable for the soil and climate conditions of the area may be approved within required landscape areas.
D.
Buffers and screening.
(1)
Unless otherwise specified, a buffer area shall be required for any nonresidential use where it abuts an area zoned or used residentially. The buffer area shall be a minimum of 25 feet in width and shall contain dense vegetation.
(2)
Mechanical equipment and open storage areas shall be screened from public streets, alleys, paths, private streets and abutting lots to a minimum height of six feet.
(3)
Refuse areas must be completely screened from view of property in any residential or agricultural district or public street or walkway with screening that is at least as tall as the refuse container. This provision shall apply to all refuse containers, including those used for the collection and storage of recyclable materials, whether public or private.
E.
Landscaping plans and additional information.
(1)
Guidelines. The following guidelines shall be used in developing all landscaping plans:
(a)
Plants selected shall be suited to the climate and region as well as the geologic and topographic conditions of the site. Protection and preservation of native plant materials and natural areas are encouraged.
(b)
Water-intensive ornamental plant materials shall not exceed 10% of the total landscaped area.
(c)
Decorative water features should use recirculating water, when possible.
(d)
All plant materials located in snow storage areas shall be selected to withstand the conditions associated with these areas. Additionally, all parking lot landscaping shall be salt-tolerant.
(2)
Landscape plan. All landscape plans detailing proposed installation and/or irrigation systems shall be prepared by a landscape architect registered in the State of New York. This requirement shall not apply to conceptual landscape plans or site plans. Landscaping plans shall be drawn to scale, including dimensions and distances, and shall clearly delineate:
(a)
Plant materials, including trees, shrubs, ground cover, turf and other vegetation, shall be shown clearly on the plan. In addition, plants shall be labeled by botanical name, common name, caliper or container size, spacing and quantities in each group.
(b)
Property lines and street names.
(c)
Streets, driveways, walkways and other paved areas.
(d)
Pools and water features, lighting fixtures, fences and retaining walls.
(e)
Existing and proposed buildings and structures, including elevation, if applicable.
(f)
Natural features, including but not limited to rock outcroppings and existing plant materials, that will be preserved.
(g)
Tree staking, plant installation, soil preparation details and all other applicable planting and installation details.
(h)
Calculation of the total landscaped area.
(i)
Designation of recreation areas, if applicable.
F.
Maintenance. All required planting shall be permanently maintained in good condition and, when necessary, replaced with new plant material to ensure continued compliance with these standards. For the purpose of enforcement, the property owner shall be responsible for maintenance. Maintenance shall include watering, weeding and pruning.
G.
Protected areas during grading and construction.
(1)
During grading and construction, a protected area, extending outward to the drip line of each tree, shall be provided within which paving, grading, or the storage of dirt, building materials, debris, or any other materials or any other equipment shall not be allowed. Failure to maintain barriers may result in revocation of the building permit.
(2)
For projects not requiring a grading permit, the required barriers shall be constructed by the property owner and approved by the Code Enforcement Officer prior to issuance of a building permit. Protective barriers shall be maintained until issuance of a certificate of occupancy. The Code Enforcement Officer may reduce the protected area if he or she determines a larger area is not necessary to the survival and health of the tree.
§ 140-122 Lighting.
The following lighting design standards are provided to ensure coordinated, safe and functional lighting systems in each development. The site lighting requirements include:
A.
No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare that is visible from any point along a lot line.
B.
Lighting for pedestrian areas, plazas and walkways shall not exceed 15 feet in height and should be designed to be harmonious with light fixtures on site.
C.
Soft lighting of building faces is encouraged. Building lighting should be indirect in character. Indirect wall lighting or wall-washing interior illumination that spills outside is encouraged. Architectural lighting should articulate the particular building design and provide required functional lighting for safety and clarity of pedestrian movement.
D.
Light fixtures that ensure downcast lighting shall be required.
E.
All light fixtures shall be concealed source fixtures except for pedestrian-oriented accent lights.
F.
Security lighting fixtures shall not project above the facade or roofline of any building and are to be shielded. Lighting shields shall be painted to match the surface to which they are attached. Security lighting fixtures shall not be substituted for parking lot or walkway lighting fixtures and are restricted to lighting only loading and storage locations or other similar areas requiring security lighting.
G.
Service-area lighting shall be contained within the service yard boundary. No light spillover shall occur outside the service area; the light source should not be visible from the street.
H.
Exterior floodlights shall be prohibited except for security lighting in enclosed service courtyards.
I.
When possible, overhead wiring should be avoided.
§ 140-123 Off-street parking.
A.
Change in use or intensity.
(1)
Whenever a use existing on the effective date of this chapter is changed thereafter to a new use, parking facilities shall be provided as required herein for such new use, except that when any such existing use was deficient in required parking spaces on such effective date, such new use may be established with a deficiency in required parking spaces equal in number to not more than such preexisting deficiency.
(2)
Whenever the intensity of use of any building, structure or use is increased, parking facilities shall be provided for such increase in intensity of use.
(3)
All new or substantially modified development or redevelopment shall submit a report as part of the design review process regarding the potential for and efforts to develop shared or connected parking with adjoining properties as well as shared or combined access from the streets. In no instance shall the proposed site design limit the future potential for shared or connected access and parking between and among adjoining properties.
B.
Measurement and computation.
(1)
Computation of required spaces.
(a)
When determination of the number of required parking spaces results in the requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded and fractions over one-half shall require one parking space.
(b)
In stadiums, sports arenas, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 20 inches of such seating facility shall be counted as one seat for the purpose of determining the requirement for off-street parking facilities under this chapter.
(c)
When parking spaces are required on the basis of the number of faculty, staff, students and employees, the maximum number present at any one time shall govern.
(d)
Uses not specified. For uses not expressly listed in this section, parking spaces shall be provided on the same basis as required for the most similar use listed, or as determined by the Code Enforcement Officer to interpret the provisions of this chapter.
C.
Required parking spaces. For the following uses, the number of off-street parking spaces shall include:
Use | Minimum Number of Off-Street Parking Spaces | |
|---|---|---|
RESIDENTIAL | ||
Single-family detached, semidetached, two-family and attached dwelling | 2 per dwelling unit | |
Multiple-family dwelling | 2 per dwelling unit | |
Senior housing | Parking demand analysis | |
EDUCATIONAL AND RELIGIOUS | ||
Day care or nursery | 1 per 6 persons enrolled | |
Place of worship | 1 per 3 fixed seats | |
School, elementary and intermediate | 2 per classroom | |
School, secondary | 1 per 10 students, plus 2 per classroom | |
CULTURAL AND RECREATIONAL | ||
Amusement facility | 1 per every 5 customers, plus 1 per employee | |
Auditorium and theater | 1 per 4 seats | |
Bowling alley | 2 per lane | |
Community center | 3 per 1,000 square feet of net floor area | |
Health club and similar facilities | 4 per 1,000 square feet of net floor area | |
Entertainment | 0.5 per allowable occupancy | |
Library | 1 per 1,000 square feet of net floor area | |
Museum or art gallery | 2 per 1,000 square feet of net floor area | |
Private club or lodge | 1 per 50 square feet of net floor area | |
Skating rink | 1 per 1,000 square feet of rink area | |
Stadium or sports arena | 1 per 5 seats | |
Swimming pool | 1 per 4 persons' design capacity | |
GOVERNMENT, SAFETY AND HEALTH | ||
Hospital | 1 per 2 beds, plus 1 per every 2 employees during largest working shift | |
Medical clinic and medical office | 5 per 1,000 square feet of net floor area | |
Nursing home and health-related facility | 1 per 3 beds, plus 1 for every 2 employees during largest working shift | |
Funeral home | 15 spaces per parlor | |
MANUFACTURING AND INDUSTRIAL | ||
All uses | 1 per 2 employees | |
RETAIL | ||
Food store | 6 per 1,000 square feet of net floor area | |
Convenience store | 1 per 150 square feet of net floor area | |
General retail | 1 per 250 square feet of net floor area | |
Home occupation | 2 for client purposes, 1 per each nonresident employee, plus any dwelling-related requirements | |
Shopping center and planned business development | 6 per 1,000 square feet of net floor area | |
SERVICES | ||
Bank | 2 per 1,000 square feet of net floor area | |
Bar, tavern, nightclub | 10 per 1,000 square feet of net floor area | |
Bed-and-breakfast | 1 per guest bedroom, plus 1 for the owner | |
Beauty parlor, barbershops and the like | 1 per chair | |
Dry cleaning and laundromat | 2 per 1,000 square feet of net floor area | |
Hotel and motel | 1 per sleeping unit | |
Mortuary and funeral home | 1 per 100 square feet of net floor area | |
Office, professional or business | 1 per 200 square feet of net floor area | |
Restaurant | 1 per every 2 customer seats | |
VEHICLE-RELATED USES | ||
Vehicle repair | 2 per bay; minimum of 6 | |
Vehicle service station | 1 per every 100 square feet of net floor area | |
Vehicle sales | 2 per employee | |
Vehicle rental | 1 per 1,000 square feet of net floor area |
D.
Maximum number of parking spaces. No use shall provide more than 110% of any of the above-listed requirements, except through approval of a special permit in accordance with § 140-151.
E.
Design and maintenance. Every parking area, parking lot and garage shall be designed, constructed and maintained in accordance with the standards and requirements set forth herein.
(1)
Parking lots in general.
(a)
Parking shall be located within 1,000 feet of the use served.
(b)
No parking shall be located in the required front yard setback.
(c)
Parking shall not be permitted between a building and the sidewalk on the street. Where existing or proposed buildings are set back from the build-to line, the front yard shall not be converted to parking.
(d)
Vehicular access to parking shall not be located on the principal pedestrian-oriented street unless there is no other practical alternative.
(e)
Customer or employee parking for nonresidential uses shall not be located within 10 feet of any residential district or use, except where a solid screening wall at least six feet in height is placed on the lot line, in which case no setback shall be required.
(f)
Parking shall not be located within 10 feet of any street frontage, except where a decorative fence or wall of no more than three feet in height is used in conjunction with landscaping.
(g)
When the setback is 10 feet or more, an earth berm may be used to screen the parking lot. An earth berm may be credited toward the height required. At all intersections and driveways, screening shall be restricted to a maximum height of two feet and trees shall be maintained to a clearance of seven feet above ground to ensure sight lines remain unobstructed.
(h)
Parking lots and parking areas shall be screened from abutting residential uses and districts with a minimum height of five feet. An earth berm may be credited toward the required height. At all intersections and driveways, screening shall be restricted to a maximum height of two feet and trees shall be maintained to a clearance of seven feet above ground to ensure sight lines remain unobstructed.
(2)
Parking lot landscaping.
(a)
A landscaped area shall have a minimum width of five feet, excluding curbs, retaining walls or similar enclosing structures.
(b)
Plant materials located in snow storage areas shall be selected to withstand the conditions associated with these areas.
(c)
All parking lot landscaping shall be salt-tolerant.
(d)
Trees located in paved areas shall be provided with adequate tree pits to permit proper watering.
(e)
For lots of 15 or more spaces, a minimum of one landscaped area with a minimum size of 200 square feet (approximately 10 feet by 20 feet) shall be provided for every nine parking spaces and developed as islands within the parking surface area.
(f)
Parking lot stops shall include permanent material, such as concrete, masonry, metal or rubber. In no case shall wooden stops be used.
(g)
All required screening and landscaping shall be maintained and, if required, replaced to comply with the requirements in this section and any approvals.
(3)
Design standards. The following minimum standards shall apply to the width and length of required parking spaces:
Type of Parking | Angle | Stall Length | Stall Width | Aisle Width | |
|---|---|---|---|---|---|
Traditional | 90° | 19'00" | 9'00" | 24'00" | |
Traditional | 60° | 21'00" | 9'00" | 18'00" | |
Traditional | 45° | 19'10" | 9'00" | 13'00" | |
Handicapped | 90° | 19'00" | 13'00" | 24'00" | |
Handicapped | 60° | 21'00" | 13'00" | 18'00" | |
Handicapped | 45° | 19'10" | 13'00" | 13'00" |
(4)
Ingress and egress.
(a)
Every parking garage and parking lot shall be provided with one two-way driveway at least 24 feet in width or two one-way driveways, each at least 13 feet in width.
(b)
When ingress and egress are less than 20 feet in width, marked separate entrances and exits shall be provided so that traffic shall flow in one direction only.
(5)
Maneuvering space.
(a)
Maneuvering space shall be located completely off the right-of-way of a public street, place or court unless otherwise approved by the appropriate authority.
(b)
Maneuvering space shall be designed to prevent any vehicles from backing into the public right-of-way except as required off-street parking spaces other than for one- and two-family dwellings.
(6)
Surface.
(a)
Off-street parking lots shall be constructed in such a manner as to provide an all-weather, durable and dustless surface. Individual stalls shall be clearly identified by markings four to six inches in width.
(b)
Parking surfaces shall be graded and drained to dispose of all surface water accumulation in the area without shedding additional water on an adjoining property or right-of-way.
(c)
The use of interior catch basins linked to the Town's drainage system shall be used.
(d)
The Planning Board shall approve the surface material and drainage system.
(7)
Lighting.
(a)
Illumination shall not be used for the purpose of advertising or attracting attention to the principal use.
(b)
Lighting fixtures shall be designed, sized and located so as not to cast direct rays of excessive brightness upon adjoining premises or cause glare hazardous to pedestrians or persons using adjacent public streets.
(c)
Parking lots used after sundown shall be lighted to give protection to persons using the lot, and the lights shall be directed away from the street and adjoining property.
§ 140-124 Off-street stacking requirements.
The vehicle stacking standards of this section shall apply.
A.
Minimum number of spaces. In addition to minimum parking requirements established in this chapter, the following stacking or queuing areas are required:
Activity Type | Minimum Number of Stacking Spaces | Measured From | |
|---|---|---|---|
Automated teller machine | 4 | Teller | |
Bank teller lane | 5 | Teller or window | |
Car wash stall, automatic | 10 | Entrance | |
Car wash stall, self-service | 3 | Entrance | |
Gasoline pump island | 2 | Pump island | |
Pharmacy | 4 | Window | |
Restaurant drive-through | 6 | Order box | |
Restaurant drive-through | 4 | Order box to pickup window | |
Oil change and quick lube | 3 | Per bay | |
Other | Determined by Code Enforcement Officer | ||
B.
Design and layout. Required stacking spaces are subject to the following design and layout standards:
(1)
The size of a stacking or queuing space shall be 20 feet in length by 10 feet in width.
(2)
Each lane shall be clearly defined in a manner that is identifiable during all seasons.
(3)
Stacking spaces may not impede on- or off-site traffic movements or movements into or out of off-street parking spaces.
(4)
Stacking spaces must be separated from other internal driveways by raised medians if deemed necessary by the Code Enforcement Officer for traffic movement and safety.
§ 140-125 Outdoor displays.
Outdoor displays shall be allowed in nonresidential districts subject to the following:
A.
Outdoor displays shall be allowed adjacent to a principal building wall and extending to a distance no greater than five feet from the wall.
B.
Such displays shall not be permitted to block windows, entrances or exits and shall not impair the ability of pedestrians to use the building.
C.
Outdoor displays shall be temporary or seasonal in nature.
§ 140-126 Outdoor storage.
A.
Residential uses. Outdoor storage is not permitted on any residential lot.
B.
Agricultural uses. Active agricultural operations are exempt from outdoor storage regulations.
C.
All other uses. Outdoor storage on nonresidential and nonagricultural lots are subject to the following:
(1)
Box trailers exceeding 300 square feet may not be used for outdoor storage.
(2)
Outdoor storage shall not be allowed in the front yard.
(3)
Outdoor storage shall not occupy more than 10% of the entire lot area.
(4)
All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential uses.
(5)
Screening shall be of sufficient height and density to completely hide the storage from public view.
(6)
Screening shall be of sufficient height and density to completely hide storage from major highways, rail lines and other public accessways.
(7)
All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.
§ 140-127 Refuse collection areas.
Refuse collection areas for multifamily, commercial and industrial uses shall be subject to the following:
A.
All refuse collection areas shall be in the side and rear of the buildings.
B.
All refuse collection areas should be effectively designed to contain all refuse generated on site and deposited between collections. Deposited refuse should not be visible from outside the refuse enclosure.
C.
Screening shall be of sufficient height and density to completely hide the storage from public view. All screening shall be maintained in such manner as to present a neat and orderly appearance at all times.
D.
Refuse collection areas should be so located upon the lot as to provide clear and convenient access for refuse collection vehicles.
§ 140-128 Recreational vehicles/utility trailers.
A.
Recreational vehicles/utility trailers shall not be stored in a front yard area for more than seven consecutive days.
B.
No recreational vehicle/utility trailer shall be erected, used, or maintained for living or residential purposes.
§ 140-129 Signs.
A.
Purpose. The purpose of this section is to provide standards for the regulation of the height, size, location and appearance of signs to:
(1)
Protect and enhance property values and neighborhood character.
(2)
Protect public and private investment in buildings and open spaces.
(3)
Preserve and improve the appearance of the Town of West Bloomfield as a place to live and work and as an attraction to visitors.
(4)
Encourage sound signing practices to aid business and provide information to the public.
(5)
Prevent excessive and confusing sign displays.
(6)
Reduce hazards to motorists and pedestrians.
(7)
Protect the public health, safety and general welfare.
B.
Allowed signs. The following are allowed in any district:
(1)
Customary holiday decorations.
(2)
One prominently displayed building address sign that is pedestrian- and automobile-oriented.
(3)
Family name signs.
(4)
Decorative flags.
(5)
No-trespassing and similar signs.
(6)
Traffic control signs.
(7)
No more than two directional and parking signs, not exceeding two square feet per face and no taller than three feet high, per business .
(8)
Signs, flags or emblems erected and maintained pursuant to any government function.
(9)
Decorative or architectural features of a building, except letters or trademarks.
(10)
Memorial or historic plaques, markers, monuments or tablets.
(11)
Safety signs.
(12)
Gasoline price signs, not exceeding one square foot per face, attached to a gasoline dispenser.
(13)
Home occupations signs, which may not be illuminated, and which must be less than two square feet in area, attached to the dwelling, numbering a maximum of one per lot, unless otherwise restricted
[Added 3-22-2017 by L.L. No. 1-2017]
(14)
Temporary signs, per the additional regulations herein.[1]
[Added 3-22-2017 by L.L. No. 1-2017]
[1]
Editor's Note: See § 140-129H, Temporary signs.
C.
[2]Permitted permanent signs for nonresidential uses:
District | Permitted Signs | ||
|---|---|---|---|
AG | 1 sign, not exceeding 20 square feet, identifying any building or use permitted under this chapter | ||
R-1 and R-2 | 1 sign not exceeding 15 square feet in area | ||
MU | A maximum of 50 square feet of signage per lot, including: | ||
Attached signs, identifying uses or services on the premises, that include 0.5 square foot in area for every foot of the building frontage; and/or | |||
1 detached sign located in the front yard, not exceeding 25 square feet in size per side of sign, and posted no more than 4 feet in height from the finished grade of the lot | |||
M-1 | Maximum signage area of 10% of the primary building facade per lot, including: | ||
Attached signs, identifying uses or services on the premises, not exceeding 1.0 square foot for every foot of building frontage; and/or | |||
1 detached sign located in the front yard, not exceeding 32 square feet in size per side, and no more than 6 feet high from the finished lot grade | |||
[2]
Editor's Note: Former Subsection C, Limited signs, was repealed 3-22-2017 by L.L. No. 1-2017. This local law also redesignated former Subsections D and E as Subsections C and D, respectively.
D.
Sign location.
(1)
Upon relocation of a business or service for reasons of an unforeseen disaster (example: due to fire), an off-site sign shall be allowed for a period of six months.
(2)
No sign shall be at any location where it interferes with or obstructs the view or free passage of pedestrian or vehicular traffic.
(3)
No sign shall be painted, placed or constructed directly on or project from a roof.
(4)
No sign shall be attached to any tree or utility pole or be painted upon or otherwise affixed to any rock, ledge or other natural feature.
(5)
No detached sign shall be closer than 10 feet to a residential lot line.
(6)
Signs parallel to and attached to a building shall not be set out more than 10 inches from the building.
(7)
Any sign that projects from a building over the public way shall be located at least eight feet above the ground.
(8)
Advertising signs.
(a)
Except for the M-1 District or within 660 feet of a federal-aid-program highway, no off-site signs shall be permitted.
(b)
No advertising sign shall be located:
[1]
Within 200 feet of any other advertising sign structure located on the same side of the street or within 100 feet of any other such sign structure.
[2]
For signs having a gross surface area in excess of 300 square feet: within 500 feet of any other such sign on the same side of the street.
[3]
Within 100 feet of any lot line of any school, church, library or public park when located in a residential or agricultural district if the sign or sign structure is visible from the perimeter of the parcel of property at a point five feet above ground level.
[4]
Within 100 feet of any residential district.
[5]
For sign structures oriented toward an expressway, no sign structure shall be located within 500 feet of any other sign structure located on the same side of the expressway, regardless of sign face orientation to the direction of travel, except that two or more signs erected back-to-back so as to be oriented to be visible from two or more directions of travel shall be deemed to be one sign structure.
(c)
In order to determine whether or not a suggested sign site conforms to the location criteria, the suggested site shall be the point of origin for all radii to be drawn. This method of measurement recognizes the fact that portions of certain properties qualify for sign placement while other portions of the same properties do not. It is the intention of these provisions to qualify or disqualify sign sites and not whole properties when portions of such properties are outside drawn radii.
(d)
No more than two sign faces may be erected at any site, and each sign face must be back-to-back.
(e)
All advertising signs shall include only one advertisement that covers the entire sign face at all times.
(f)
No cutout shall be allowed on advertising signs.
E.
Electronic signs:
[Amended 3-22-2017 by L.L. No. 1-2017]
(1)
For the purposes of this chapter, "electronic signs" shall be defined as "a sign whose display (or any portion thereof) utilizes light-emitting diode (LED) technology or similar technology that permits a sign face to present different displays by a method other than physically removing and replacing the sign or its components."
(2)
Electronic signs are permitted in the Town upon the following restrictions:
(a)
Electronic signs are permitted only in MU and M-1 Districts.
(b)
Electronic signs shall be erected perpendicular to the street and shall not be mounted on any building.
(c)
Electronic signs shall be permitted only on monument signs.
(d)
Electronic signs shall employ only light emitting a light of constant intensity.
(e)
Electronic signs shall display only static messages, and shall have no movement, or the appearance of movement, fade or transition effects, flashing, scrolling or other animation in displayed messages.
(f)
Electronic signs are limited in message changes to one change every half hour, with changes in message occurring immediately.
(g)
Electronic signs may be in operation only from one hour before opening to one hour after closing of the business to which the sign relates.
(3)
Electronic signs must comply with all other applicable regulations pertaining to use, size, location, and design standards as set forth in this § 140-129. In the event that the provisions of this § 140-129E are found to be in conflict with the other requirements of § 140-129, the provisions of this subsection shall govern.
F.
Design standards.
(1)
Signs and awnings should:
(a)
Relate, through their design, size and height, to pedestrians and conform to the surrounding character.
(b)
Not materially obscure architectural features or details of buildings.
(2)
The area of signs composed of individual letters without a background shall include the area enclosed by a series of lines joined to form a perimeter bounding all parts of the display including all lettering, logo, graphics and trademarks.
(3)
No pennants, ribbons, streamers, sheets, spinners or other moving devices shall be allowed on signage in the Town of West Bloomfield.
(4)
No sign shall consist of strings of lights or contain blinking, flashing, intermittent, rotating, glaring, moving lights or other attention-attracting devices.
(5)
Any illuminated sign shall employ only lights emitting a light of constant intensity.
(6)
Neon window signs may be permitted in cases where they are compatible with the building's use, historic and/or architectural character.
(7)
Neon window signs shall not exceed 25% of the window.
(8)
Window signs shall not exceed 25% of the window and shall be included in the calculation of the overall signage allowed for the use.
(9)
The area of an awning or canopy that includes lettering, logo, graphics and trademarks shall be included in calculations for allowed signage.
(10)
If more than one tenant is located in a building, individual signs for each will be allowed to be attached to the building as long as the total signage square footage for the development does not exceed the maximum signage for the district.
(11)
In commercial or industrial buildings or plazas with two or more occupants, a shared sign is required. Kiosk sign structures are encouraged to advertise for these multi-tenant buildings and plazas. Signage included on the kiosk shall follow the standards outlined in these regulations in terms of colors, lettering, etc.
(12)
No sign shall be movable or portable unless defined as a temporary sign.
G.
Maintenance of signs.
(1)
Every sign shall at all times be maintained in a safe and structurally sound condition. Signs that do not comply with adequate safety standards shall be removed at the property owner's expense.
(2)
Signs must be regularly maintained, including the replacement of worn parts, painting and cleaning.
(3)
The full number of illuminating elements of a sign shall be kept in working condition or immediately repaired or replaced.
H.
Abandoned signs.
(1)
Except as otherwise provided in this chapter, any sign which is located on property which becomes vacant and unoccupied for a period of three months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned.
(2)
Abandoned signs are prohibited and shall be removed by the owner of the sign or owner of the premises. The Code Enforcement Officer shall notify the property owner if an abandoned sign is present on their property. The property owner shall remove the sign within 10 days following such notice.
I.
Temporary signs. Any sign which is not permanent in nature and/or which is either intended or designed to be posted for a period time that is not indefinite. Temporary signs may promote 1) an event that occurs at a specified time or 2) a subject matter or event that exists or is relevant only for a temporary period of time. Such signs may be posted for the period of the event/subject matter and the preceding 30 days, unless otherwise specified herein, but never for a period of greater than 90 days. A temporary sign must be removed within 72 hours of the end of the event/subject.
[Amended 3-22-2017 by L.L. No. 1-2017]
(1)
Common examples of temporary signs, include, but are not limited to:
(a)
Political election signs, which relate to a candidate in an election.
(b)
Real estate signs relating to the sale, rental, or leasing of real estate.
(c)
Construction or renovation signs, erected by a contractor, engineer, architect or similar professional or business.
(d)
Signs introducing a new business or an anniversary or significant date or a new business.
(e)
Signs used in place of a permanent sign until a permanent sign may be erected.
(2)
Temporary signs that conform to the following shall be allowed under the following conditions:
(a)
Temporary signs shall be limited to six square feet in area for each side. Such signs are limited to a maximum of three per lot.
(b)
Temporary signs which comprise fabric, pliable plastics or other similar materials which are designed to float or flutter in the wind, such as banners, pennant and ribbons, may be used as a temporary sign.
(c)
Temporary signs shall comply with the location and design standards contained in this chapter.
§ 140-130 Site grading, cutting and filling.
All site grading shall conform to the following requirements:
A.
Lot grading will be done in such a way as to preserve or enhance the topographic features and to provide positive drainage.
B.
Where retaining walls are required, they shall be of a material compatible with the building architecture. Wooden retaining walls are prohibited.
C.
Berms, channels, swales, etc., shall be graded in such a way as to be an integral part of the grading and paved surface. Such features shall be designed with smooth vertical transitions between changes in percent slope.
D.
All structures shall be designed so as to minimize the amount of cutting into the embankment, general grading and removal of vegetative cover. This shall generally mean designing a rectangular-shaped structure that can be placed parallel with all contours and/or designing a cantilevered structure for maximum exposure above the ground.
E.
The location of driveways, walkways and accessory buildings, as well as general.
F.
Terracing, sodding, planting and the construction of retaining walls shall be provided as necessary.
G.
Site plans shall comply with all requirements as determined by the Town Engineer.
§ 140-131 Steep slope areas.
A.
All structures shall be designed so as to minimize the amount of cutting into the embankment, general grading and removal of vegetative cover. This shall generally mean designing a rectangular-shaped structure that can be placed parallel with all contours, and/or designing a cantilevered structure for maximum exposure above the ground.
B.
The location of driveways, walkways and accessory buildings as well as general grading shall conform to objectives outlined above.
C.
Terracing, sodding, planting and the construction of retaining walls shall be provided as may be necessary.
§ 140-132 Watercourses.
A.
No structure, except for bridges, recreational shelters with no walls, and canoe launches, shall be constructed within 50 feet of the bed of a stream carrying water on an average of six months of the year.
B.
The natural vegetation along the banks of such body of water shall not be disturbed without the approval of the State Department of Environmental Conservation.
§ 140-133 Wetland areas.
A.
The filling of wetland areas of more than one acre in size shall not be permitted.
B.
Proposed water supply and sewage systems shall be approved by the appropriate regulatory agencies.
C.
All structures, as well as driveways and walkways, shall be placed so as to avoid disturbing the natural function and process of the wetlands.
D.
Plans for diking, new channelization or withdrawing of water shall be approved by the New York State Department of Environmental Conservation.
§ 140-134 Wooded areas.
A.
Whenever possible, the site plan shall be designed so as to minimize the number of trees (30 feet and over) which would have to be removed or would otherwise disturb the forest floor.
B.
Large-scale developments, including residential subdivisions, campgrounds, mobile home parks, etc., shall be guided in their layout by a professional engineer or landscape architect.
C.
Wooded areas shall be preserved:
(1)
On slopes greater than 15%.
(2)
Within 50 feet of a wetland or the bed of a stream carrying water on an average of six months of the year.