[Added 1-26-1993 by L.L. No. 1-1993]
Article X of this chapter provides that the Board of Trustees of the Village of Holley may, from time to time, upon its own motion, amend and supplement provisions of this chapter in a manner prescribed by the Village Law of the State of New York. It is the intent and desire of the Board of Trustees to amend this chapter to include a new district classification, to be known as the “Light Industrial District”; designated as an L-1 District which will permit and create a campus-like setting for light manufacturing. Such amendment is made to promote the general health, safety, and welfare of the inhabitants of the Village of Holley.
The purpose of any Light Industrial District
within the Village of Holley is to create a campus-like area for light
manufacturing to enhance and promote the general health, safety and
welfare of the inhabitants of the Village of Holley.
A.
Word usage.
(1)
Words in the present tense also imply the future tense.
(2)
The singular includes the plural and the plural includes
the singular.
(3)
The male gender includes the female gender.
(4)
The word "person" includes a partnership or corporation
as well as an individual.
(5)
The verb "shall" is mandatory.
(6)
The verb "may" is permissive.
B.
BUILDING
CAMPUS-LIKE SETTING
CODE ENFORCEMENT OFFICER
DIRECT GLARE
DISTRICT
INDIRECT GLARE
LOT
PERFORMANCE STANDARDS
PLANNING BOARD
PROFESSIONAL ENTITIES
SITE PLAN
SITE PLAN REVIEW
SPECIAL USE
STRUCTURE
VILLAGE BOARD
ZONING BOARD OF APPEALS
ZONING ORDINANCE
As used in this chapter, the following terms shall
have the meanings indicated:
Any structure designed for habitation, shelter, storage,
trade, manufacture, religion, business or education.
Low, modern, light-colored structures, with an abundance
of grass, shrubs and trees.
The zoning officer of the Village of Holley.
The illumination beyond property lines caused by direct or
spectrally reflected rays from incandescent, florescent or arc lighting
or from such high-temperature processes as welding or petroleum or
metallurgical refining.
The Light Industrial District; example: architects, attorneys,
dentists, doctors, engineers, real estate, etc.
The illumination beyond property lines caused by diffused
reflection from a surface, such as a wall or roof of a structure.
An area within a district.
Criteria established to control noise, odor, dust, vibration,
noxious gases, glare, explosive hazards, or other factors generated
by or inherent in the industrial use of land or buildings.
The Planning Board of the Village of Holley.
Does not involve the sale of goods.
Site plan specifications are required to show all structures,
roadways, sidewalks, parking areas, recreation areas, utility and
exterior lighting installations, signs and landscaping on the site;
all existing structures and usages within 200 feet of the site boundaries
and any other elements as may be deemed essential by the Planning
Board.
A review and approval process conducted by the Planning Board,
whereby a site plan is reviewed utilizing design criteria and performance
standards established in this chapter.
A use which, because of its unique characteristics, requires
individual consideration by the Planning Board and Board of Trustees
before it may be permitted.
[Amended 10-12-2004 by L.L. No. 3-2004]
Any construction, or any production or piece of work artificially
built up or composed of parts joined together in some definite manner
whether installed on, above or below the surface of a parcel of land.
The Village Board of Trustees.
The Zoning Board of Appeals of the Village of Holley.
[Amended 10-12-2004 by L.L. No. 3-2004]
The Zoning Ordinance of the Village of Holley, Orleans County,
New York, adopted November 19, 1970, and its amendments.
A.
An application for a building permit or certificate
of occupancy for a use subject to the performance standards procedure
shall include site plan specifications of proposed construction and
a description of the proposed machinery, operations and products,
and specifications for the mechanisms and techniques to be used in
restricting any objectionable or unnecessarily dangerous emissions
and elements to the community. The applicant shall also submit with
such plans and specifications an affidavit acknowledging his understanding
of the applicable performance standards and stating his agreement
to conform to the same at all times. During the course of site plan
review, the Planning Board shall determine if the applicant's proposal
falls within the performance standards.
B.
The Planning Board may require the applicants, at
their own expense, to provide such evidence as it deems necessary
to determine whether the proposed use will conform to said standards.
The Planning Board shall conduct a site plan review for all applicants.
C.
If, upon majority vote of the members of the Planning
Board, the Planning Board deems it necessary, expert advice may be
obtained, with the cost of such advice paid by applicant as a condition
of further consideration of his application. The Planning Board shall
have the authority to select or reject any expert recommended by the
applicant. The report of any expert consultants shall be promptly
furnished to the applicant.
D.
During the course of site plan and/or special permit
review as herein provided, the Planning Board will determine if the
applicant's proposal will conform to the performance standards and
standards of these regulations. Thereafter, and within 10 days of
its determination, the Planning Board will report its findings to
the Board of Trustees of the Village of Holley, and said Board of
Trustees shall then complete any special use permit application and
review in accordance with the procedural requirements set forth in
this chapter pertaining to special use permit applications. Special
uses shall be permitted only upon authorization of the Village Board
of Trustees. In all matters before the Board of Trustees as hereinafter
provided, the Board of Trustees shall cause notice of any public hearing
to be posted conspicuously in at least five places within the municipality
and publish notice at least once in the official newspaper of the
Village of Holley, the first publication being at least 10 days prior
to the date of such public hearing.
[Amended 10-12-2004 by L.L. No. 3-2004]
E.
Continued conformance with such standards shall be
a requirement for the continuance of any certificate of occupancy.
No use hereafter shall be established, altered, moved or expanded
unless it complies with the performance standards set forth in this
section.
F.
The applicant will provide all information necessary
for the lead agency to comply with the New York State Environmental
Quality Review Act at the time of site plan review.
The following uses which would be permitted
upon site plan review in the Light Industrial District are:
A.
Administrative, including municipal, public service
and public utility buildings, educational, professional entities,
including medical operations and other related activities.
B.
Day -care centers operated with and on the same property
that shall provide a service primarily for the employees within the
industry.
The following special uses require site plan
review and a special use permit:
A.
Graphic arts and other light printing operations, but subject to limitations imposed by applicable ordinance, local laws, rules and regulations of the Village of Holley, including provisions of Chapter 201, Sewer Use.
B.
Light manufacturing, assembly, fabricating or packaging
of products from previously prepared materials, such as cloth, plastic,
paper, leather, precious or semi-precious metals or stones.
C.
Scientific research (including biologically based
research) or experimental development of materials, methods or products,
including engineering and laboratory research.
D.
Warehouse and distribution uses.
The following uses are prohibited in the Light
Industrial District:
A.
Manufacturing facilities for radioactive products
or any other facilities which use radioactive products in their manufacturing
process or which produce radioactive products.
B.
Landfill disposal sites or operations for the disposal
of household refuse, commercial and industrial garbage and waste,
building and construction debris, medical waste or petroleum-based
materials, including used or recycled oil disposal facilities or recycling
or disposal of used tires. In addition, landfilling, dumping, injecting
or disposal of hazardous material or toxic waste is prohibited.
C.
Waste material incinerators and construction and demolition
debris landfills.
D.
Microwave, VHF, cellular phone and radar transmission
towers.
E.
All facilities which produce an end product which
is a base, intermediate, secondary, primary or finished chemical product.
F.
Industries using reportable quantities of chemicals
under EPCRA (Emergency Planning and Community Right to Know Act).
G.
Waste management facilities or chemical process facilities
of any kind other than those incidental to light industry other than
storage for less than 90 days of waste generated by such facility
on site.
H.
No waste, construction, recycling or garbage transfer
stations.
I.
Excavation and mining, including removal of topsoil
or other subsurface soils for use or sale off premises.
J.
Any use of a similar nature but not included in this
section, and which is inconsistent with the stated purpose of the
Light Industrial District. Uses of a similar nature shall be determined
by the Village Board of Trustees and not by the Code Enforcement Officer,
Planning Board or Zoning Board of Appeals. A written application for
determination shall be submitted to the Board of Trustees, and such
Board shall issue its determination with public hearing within 30
days of receipt of application for determination by the Village Clerk.
A.
Minimum district size: five acres.
B.
Lot area: minimum of 40,000 square feet.
C.
Lot width: minimum of 200 feet.
D.
Lot depth: minimum of 200 feet.
E.
Front yard: minimum setback of 50 feet from the center
line of the district road, upon which the main entrance of the building
fronts; not the main highway.
F.
Side yard: minimum setback of 30 feet. This side yard
shall be exclusive of and in addition to any required buffer area.
G.
Rear yard: minimum setback of 70 feet. This rear yard
shall be exclusive of and in addition to any required buffer area.
H.
Permitted height should be no more than two stories,
or 35 feet, above existing grade. The permitted exceptions to this
height regulation are: chimneys, cooling towers, elevators, bulkheads,
fire towers, grain elevators, water towers, ornamental towers, communications,
radio or television towers, or necessary mechanical appurtenances,
which shall not be more than 75 feet above existing grade. No sign,
nameplate, display, or advertising device of any kind whatsoever shall
be inscribed upon or attached to any chimney, tower or other structure
which extends above the height limitations of the buildings.
[Amended 12-14-2010 by L.L. No. 2-2010]
I.
Lot coverage. All building structures, including accessory
buildings, shall cover no more than the following examples of the
lot area:
(1)
The maximum floor area ratio (FAR) on any lot shall
be:
|
Building Size
(gross square feet)
|
Maximum Percentage of Lot Coverage
|
|---|---|
|
25,000
|
25%
|
|
25,001 to 75,000
|
30%
|
|
75,001 or more
|
35%
|
|
Examples:
|
(a)
A single-story building with 25,000 square feet
(250 x 100) would require a lot with a minimum area of 100,000 square
feet or 2.30 acres.
(b)
A single-story building with 40,000 square feet
(200 x 200) would require a lot with a minimum area of 133,333 square
feet or 3.06 acres.
(c)
A single-story building with 60,000 square feet
(250 x 240) would require a lot with a minimum area of 200,000 square
feet or 4.59 acres.
(d)
A two-story building will be based on the example
of the single-story building and site plan specifications.
(2)
The maximum aggregate coverage of any lot by impervious
surfaces, including, but not limited to, building, walks, drives,
parking and loading areas, etc., shall not exceed 60% of the total
area of the lot.
(3)
The minimum setback from Village residential property
shall be 200 feet.
A.
The buffer zone will be a green area divider between
the Light Industrial Park and the R-1 or R-2 Zones for 80 feet in
width. In this area trees will be planted with a minimum height of
four feet and a maturity of over eight feet. This area will also be
shrubbed and/or flowered to be acceptable to the Planning Board. A
fully landscaped soil berm six feet in height maximum and 30 feet
wide minimum and the length of the bordering zone shall be an acceptable
alternative which would include living trees and shrubs equal to the
divider description. The reason for the buffer zone is to screen and
divide the different zone uses and to carry on the campus-like area.
B.
This buffer zone shall be constructed by the user
and completed within one year, maintained at the expense of the user
or, in its absence, the cost shall be borne by the property owner.
No excavating, other than utility repairs, can be done after the certificate
of occupancy is issued to alter the buffer zone without written permission
from the Planning Board.
A.
All uses, construction, new uses or any changes within
the Light Industrial Park shall be subject to site plan approval by
the Planning Board and/or special use permit application, if necessary
for the project.
(1)
Traffic access. All proposed site traffic accessways
are adequate, but not excessive in number, adequate in grade, width,
alignments, visibility and not located near street corners. Minimum
offsets of adjacent street intersections shall be 125 feet.
(2)
Circulation and parking. The interior circulation
system is adequate and all required parking spaces are provided and
are easily accessible.
(3)
Arrangement of buildings. An adequate provision has
been made for light, air and access in the arrangement of the buildings
to each other. Each building shall have a minimum of two exterior
exposures.
(4)
Proper landscaping. The proposed site is properly
landscaped, the purpose of which is to further enhance the natural
qualities of the land and to follow the campus-like setting where
adjacent land use dictates proper screening and buffer zones may be
required. No certificate of occupancy shall be issued for any such
building or buildings unless the same conform in all respects to such
site plan and unless all building structures included in the site
plan have been constructed in accordance therewith.
B.
All administration, assembly, development, engineering,
manufacturing, other work shall be performed within the enclosed building.
Consideration of outside storage shall be a part of the applicant's
site plan review process.
C.
All storage of flammable and explosive materials shall
be confined to a location with adequate safety devices against the
hazards of fire and explosion. Adequate fire-fighting and fire-suppression
equipment and other devices standard in the industry shall be provided.
Burning of waste materials in open fires is prohibited at any point.
Other relevant provisions of state and local laws and regulations
shall also apply.
D.
No vibration shall be produced which is transmitted
through the ground and is discernible without the aid of instruments
at or beyond the lot lines, nor shall any vibration produced exceed
0.002g peak at up to a frequency of 50 cycles per second, measured
at or beyond the lot lines using either seismic or electronic vibration-measuring
equipment. Vibrations occurring at higher than a frequency of 50 cycles
per second or a periodic vibration shall not induce accelerations
exceeding 0.001g. Single-impulse periodic vibrations occurring at
an average interval greater than five minutes shall not induce accelerations
exceeding 0.01g.
E.
The maximum decibel levels radiated by any use or
facility at any lot line shall not exceed the values in the designated
octave bands given in Table I. Routine exterior maintenance and vehicular
traffic is excluded. The sound-pressure level shall be measured with
a sound-level meter and associated octave-band analyzer conforming
to standards prescribed by the American Standards Association. (American
Standard Sound-Level Meters for Measurement of Noise and Other Sound,
Z24.3-1944, American Standards Association, Inc., New York, and American
Standard Specifications for an Octave-Bank Filter Set for the Analysis
of Noise and Other Sounds, Z24.10-1953, American Standards Association,
Inc., New York, New York, shall be used.)
[Amended 10-12-2004 by L.L. No. 3-2004]
|
TABLE I
| |
|---|---|
|
Frequency Band
(cycles per second)
|
Maximum Permitted Sound-Pressure Level
(decibels)
|
|
0 to 75
|
69
|
|
76 to 150
|
60
|
|
151 to 300
|
56
|
|
301 to 600
|
51
|
|
601 to 1,200
|
42
|
|
1,201 to 2,400
|
40
|
|
2,401 to 4,800
|
38
|
|
4,801 to 10,000
|
35
|
|
Where any use adjoins a residence district at
any point at the district boundary or within the residence district,
the maximum permitted decibel levels in all octave bands shall be
reduced by six decibels from the maximum levels set forth in Table
I.
|
F.
Smoke, dust and other atmospheric pollutants shall
not be permitted, regardless of quantity, if they will be in any way
detrimental to the public health, safety, welfare or comfort, or a
source of damage to property. The density emission of smoke or any
other discharge into the atmosphere during normal operations shall
not exceed visible gray smoke of a shade equal to or darker than No.
2 on the standard Ringelmann Chart. (A Ringelmann Chart is a chart
published by the United States Bureau of Mines, which shows graduated
shades of gray for use in estimating the light-obscuring capacity
of smoke.) These provisions applicable to visible gray smoke shall
also apply to visible smoke of a different color but with an apparent
equivalent opacity.
G.
No land use shall be permitted which emits any discernible odor, outside the building in which the use is conducted. Any process that may involve the creation of any odor shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. The values given in Table III (Odor Thresholds), Chapter 5, "Physiological Effects" in the "Air Pollution Abatement Manual," by the Manufacturing Chemist's Association, Inc., Washington, D.C., copyright 1959, are to be used as standards in case of doubt concerning the character of odors emitted. In such case, the smallest value given in Table III is to be the maximum odor permitted. Detailed plans for the prevention of odors shall be required before the issuance of a building/land use or special permit.
H.
No use of toxic or noxious matter shall be permitted
which will cause any dissemination whatsoever of toxic or noxious
matter outside the building in which the use is conducted. The Village
Board of Trustees and not the Planning Board, Zoning Board of Appeals
or Code Enforcement Officer, will be the final judge of any possible
toxic or noxious matter.
[Amended 10-12-2004 by L.L. No. 3-2004]
I.
It shall be unlawful to operate, or cause to be operated,
any planned or intentional sources of electromagnetic radiation which
do not comply with the current regulations of the Federal Communications
Commission regarding communications facilities, governmental agencies
and government-owned plants; the regulations regarding such sources
of electromagnetic radiation of the Interdepartment Radio Advisory
Committee shall take precedence over the regulations of the Federal
Communications Commission. Further, said operation in compliance with
the Federal Communications Commission or the Interdepartment Radio
Advisory Committee regulation shall be unlawful if such radiation
causes an abnormal degradation in performance of other electromagnetic
radiators or electromagnetic receptors of quality and proper design
because of proximity, primary field, blanketing, spurious reradiation,
harmonic content, modulation or energy conducted by power or telephone
lines. The determination of abnormal degradation in performance and
of quality and proper design shall be made in accordance with good
engineering practices, as defined in the latest principles and standards
of the American Institute of Electrical Engineers, the Institute of
Radio Engineers and the Electronic Industries Association. In case
of any conflict between the latest standards and principles of the
above groups, the following precedence in interpretation of the standards
and principles shall apply: American Institute of Electrical Engineers;
Institute of Radio Engineers; and Electronic Industries Association.
High-voltage lines are prohibited from crossing over homes and playgrounds.
J.
No activities shall be permitted which emit dangerous
radioactive radiation at any point beyond the property lines. The
handling of radioactive materials, the discharge of such materials
into the air and water and the disposal of radioactive wastes shall
be in conformance with the regulations of the Atomic Energy Commission,
Standards for Protection Against Radiation, as amended, and all applicable
regulations of the State of New York. Any radioactive materials used
within the Light Industrial District shall be limited to those minute
quantities of radioactive material commonly found in medical equipment,
printing operations, static control, close-tolerance measuring equipment,
fire detection systems, and similar applications.
K.
Glare. No such direct glare shall be permitted, with
the exception that parking areas and walkways may be illuminated by
luminaries so hooded or shielded that the maximum glare of the cone
of direct illumination shall be 60° drawn perpendicular to the
ground, and with the exception that such angle may be increased to
90° if the luminary is less than four feet above ground. Indirect
glare shall not exceed that value which is produced by an illumination
of the reflecting surface, not to exceed 0.3 footcandle (maximum)
or 0.1 footcandle (average). Deliberately induced sky-reflected glare,
as by casting a beam upward for advertising purposes, is specifically
prohibited.
L.
Liquid or solid wastes. No discharge shall be permitted
at any point into any public sewer or stream or into the ground, except
in accord with standards approved by the State and County Departments
of Health, and local ordinances, of any materials of such nature or
temperatures as can contaminate any water supply or that accumulates
conducive to the breeding of rodents or insects. There shall be no
accumulation of solid wastes except to provide for the economical
disposal of solid waste by a private waste hauler at least once per
week.
M.
The architectural and general appearance of all grounds
and buildings shall be of such design as to be an asset to the area
and shall be determined by the Planning Board as part of the site
plan review.
N.
Illuminating devices shall be so located and screened
that in the opinion of the Planning Board such illuminating devices
shall not cause effects that could or would be distracting or cause
hazardous conditions.
O.
For purposes of the Light Industrial District, the
aforementioned performance standards shall govern rather than those
set forth in Appendix I of this chapter.
A.
For Light Industrial District users, every building
erected or established having a gross floor area of 9,000 square feet
or more shall provide and maintain at least one off-street loading
space plus one additional off-street loading space for each 20,000
square feet of gross floor area.
B.
Each loading space shall be not less than 12 feet
in width, 25 feet in length, and 14 feet in height and may occupy
all or any part of any required yard.
C.
Off-street parking requirements shall be subject to
modification by the Planning Board.
(1)
One and one-half spaces per employee on the largest
shift, plus spaces for visitors as deemed necessary by the Planning
Board.
(2)
Parking facilities shall be located on the same properties
as the users' work or visit.
(3)
The use of parking facilities shall be for customers,
patrons, employers and employees only. They shall not be used for
storage of vehicles, materials, parking of commercial trucks or delivery
vehicles. Vehicles, commercial trucks or delivery vehicles owned by
the user may be parked in parking facilities if validly licensed and
registered and used in the user's trade or business.
[Amended 1-28-2003 by L.L. No. 1-2003]
The only signs permitted in the Light Industrial
District are as follows:
A.
The total number of permitted signs on a single business
or industrial lot shall not exceed one sign, with a size, or surface
area, calculated at a rate of one square foot of sign area per linear
foot of building front, but in no case shall exceed 100 square feet
in total cumulative surface area, whichever is less; illuminated,
if requested, per company. The sign's wording is to be limited to
the company's identification information. Such signs, flat against
the building, may contain only property numbers or other identification
information. No signs shall be placed upon the roof of any building.
B.
The location of proposed signs to any highway or building
shall be within the discretion of the Planning Board at site plan
review.
C.
One directory sign no larger than eight feet by eight
feet may be constructed at the entrance of any Light Industrial Park.
The following regulations apply to fences, hedges,
screen plantings and walls in Light Industrial Districts:
A.
In any front yard they may not exceed three feet over
the elevation of the curb or ground surface.
B.
In any side or rear yard they may not exceed six feet
over the ground surface, exclusive of the buffer zone.
C.
Fences, hedges, screen plantings, berms and walls
may be required by the Planning Board.
The previous standards are established herein
to promote and protect the public health, comfort, welfare and general
prosperity and the environment of the Village. The Village Board of
Trustees shall interpret the level of degree which determines an item
being offensive, objectionable, hazardous and any other similar matters.
Such determination shall be made upon a referral to such Board in
the same manner as an appeal to the Zoning Board of Appeals.
[Amended 10-12-2004 by L.L. No. 3-2004]
Inspections of a facility or use for purposes
of enforcing compliance with these performance standards are to be
conducted by the Code Enforcement Officer on his or her own initiative,
on receipt of a complaining petition, or upon direction by the Village
Board of Trustees. If, in the judgment of the Code Enforcement Officer
or the Village Board of Trustees, there is a violation of the performance
standards:
A.
The Code Enforcement Officer shall give written notice,
by registered or certified mail, to the owner and tenants of the property
upon which the alleged violation occurs, describing the particulars
of the alleged violation and the reasons why it is believed that there
is a violation in fact, and shall require an answer or correction
of the alleged violation to the satisfaction of the Building Inspector
within a reasonable time limit set by said Inspector. The notice shall
state, and it is hereby declared, that failure to reply, or to correct
the alleged violation to the satisfaction of the Code Enforcement
Officer within the time limit, constitutes admission of a violation
of this chapter. The notice shall further state that, upon request
of those to whom it is directed, technical determinations of the nature
and extent of the violation as alleged will be made by an expert appointed
by the Board of Trustees, and that, if violation as alleged is found,
costs of the determinations will be charged against those responsible,
in addition to such other penalties as may be appropriate, and that,
if it is determined that no violation exists, costs of determination
will be borne by the Village.
B.
If, within the time limit set, there is no reply,
but the alleged violation is corrected to the satisfaction of the
Code Enforcement Officer, he shall note "Violation Corrected" on his
copy of the notice and shall retain it among his records.
C.
All codes, procedures, permitted uses, special uses
and special use permits shall take precedence for the Light Industrial
District over the existing Zoning Ordinance, except where named.
A.
Any person, firm, or company who violates, disobeys,
neglects, or refuses to comply with any provision of this chapter
shall be guilty of an offense and shall be subject to a fine of not
more than $1,000 per offense, recoverable with costs, together with
judgment or imprisonment not exceeding six months if the amount of
said judgment is not paid. For the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations shall be deemed
misdemeanors and for such purpose only all provisions of law relating
to misdemeanors, including fines imposed upon corporations, shall
apply to such violations. Each week a violation is continued shall
be deemed a separate offense.
B.
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted, or maintained, or any
building, structure or land is used in violation of this chapter or
of any ordinance or regulation made under authority conferred hereby,
the Village Board of Trustees or, with its approval, the Zoning Enforcement
Officer, may institute any appropriate action or proceedings to prevent
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, correct, or abate
such violation, to prevent the occupancy of said building, structure
or land, or to prevent any illegal act, conduct, business or use in
or about such premises.
[Amended 10-12-2004 by L.L. No. 3-2004]
All codes, procedures, standards, permitted
uses, permitted special uses and special use permits established for
the Light Industrial District shall take precedence over the existing
Zoning Ordinance, except where named.
