[Amended 6-3-1981; 3-3-1982; 11-2-1994]
No person, firm or corporation not already using buildings for business purposes shall use any existing buildings or lands nor erect any new building for any of the following uses without first procuring a preliminary business use permit for such use from the Town Board of the Town of Elma, which said permit shall only be issued after a hearing before the Town Board. The Town Board shall refer the applicant to the Planning Board for site plan review under Chapter 117 of the Code. The Planning Board will make a report and forward its recommendation to the Town Board regarding the issuance of the preliminary business use permit. Final approval of a preliminary business use permit will only be given by the Town Board after all necessary agency reviews and any necessary permits are obtained. The Town Board may refuse any such permit after such hearing if it appears to violate the Zoning Ordinance or if said proposed business or industrial use which constitutes a nuisance will imperil the health and well-being of the citizens of the Town.
This district is intended to provide areas within the Town for
a planned light industrial district for the location of light manufacturing
and related production facilities as well as office, research and
service establishments, designed to ensure compatibility between industrial
operations and the existing character and quality of the community.
More specifically, such district is established with the intent of
locating compatible industries in an organized manner so as to ensure
the efficient development of the industrial use on sufficient land
and compatibility with adjacent districts while encouraging the development
of a balanced employment mix within the Town and to improve the tax
base thereof. The planning of such elements as streets, parking, architectural
features and landscaping shall take into consideration aesthetic appeal
and the promotion of an openness and parklike character in keeping
with the Town's rural nature and heritage.
A.
Permitted uses; list of uses conforming to standards; utility permits.
(1)
The following uses shall be permitted:
(a)
Manufacturing or processing operations as well as office, research
and service establishments of an unobjectionable nature so conducted
that no noise, light or glare, smoke, odor, dust, dirt, noxious gas,
industrial waste, vibration, fire hazard, traffic hazard or congestion
occurs to an unreasonable extent outside the premises devoted to such
operations as a result of such operations. Uses and structures permitted
include the following:
[1]
Principal uses and structures:
[a]
Research and development activities, including
laboratories, testing, small-scale experimental and pilot plant operations
and production operations incidental to research and development practice
and techniques.
[b]
The manufacture, compounding and assembly of products
from previously prepared materials, including:
[i]
Electrical and electronic components and equipment.
[ii]
Musical, scientific, medical, dental and photographic
equipment and supplies.
[iii]
Pharmaceutical products, cosmetics and toiletries.
[iv]
Recreation equipment and toys.
[v]
Clothing and other textile products.
[vi]
Printing, publishing and engraving.
[vii]
Furniture and furnishings for households and
offices and related wood and metal products.
[viii]
Food and beverage products.
[c]
Warehousing and wholesale distribution when conducted
within a completely enclosed building.
(2)
Utility permits. Permits are required for all utility structures
and shall be considered upon written application, including survey
and plans, to the Town Board following the procedures contained in
this article.
(3)
After public hearing and recommendations by the Planning Board, the
Town Board shall by resolution establish and from time to time revise
a list of uses conforming to the foregoing standards, including any
conditions to which any such use shall be subject in order to assure
such conformity.
B.
No uses permitted in Residential A, B or C and Agricultural Zones
shall be permitted in the Industrial Zone.
C.
The following and similar and/or like nature uses shall be prohibited
uses:
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Acetylene gas manufacture for commercial purposes
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Ammonia, chlorine or bleaching powder manufacture
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Any industry or use which, when conducted under proper and adequate
conditions and safeguards, is currently liable to create corrosive,
toxic, noxious fumes, gas, smoke, substances or odors or obnoxious
dust or vapor or offensive noise or vibration, except that such may
be permitted by the Town Board as hereinafter provided in this section,
provided that it is a necessary minor and incidental accessory to
a conforming use
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Blast furnaces, rolling mills, smelter or boiler works
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Carbon, lampblack, graphite or stove polish manufacture
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Celluloid manufacture or storage
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Coke ovens
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Creosote manufacture or treatment
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Dead animal, offal, garbage or sewage reduction or treatment
or storage except where permitted and/or controlled by the Town
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Distillation of coal, wood or bones
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Dyestuff manufacturing
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Emery cloth and sandpaper manufacture
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Fertilizer manufacture
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Garbage, feeding for hogs
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Garbage, trash and refuse dumps, incinerators and sanitary landfill
operations unless operated by the Town of Elma
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Gas manufacturing or storage, except not in excess of 10,000
cubic feet of illuminating or heating as when used within the Town
limits
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Glue, size or gelatin manufacture
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Gunpowder, fireworks or other explosives manufacturing or storage
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Iron, steel, aluminum, brass or copper foundries
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Junk businesses, automobile wrecking and old car storage yards
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Lime, cement, gypsum or plaster of paris manufacturing
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Match manufacturing or storage of bulk
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Milling or processing of flour
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Oilcloth and linoleum manufacture
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Operation of waste transfer, disposal or other recycling facilities
shall not be permitted unless operated by the Town. This section does
not preclude the collection of materials which are to be transported
to other facilities
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Ore reduction, refining or the smelting of iron, copper, tin,
zinc, lead or other metal or metal ores.
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Paint, oil, varnish, turpentine, shellac or enamel manufacture.
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The permanent or temporary occupancy for any purpose of any
trailer or mobile home parked in any district except:
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(1)
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Office trailers may be used as temporary office space in an
Industrial Zone upon approval by the Town Board, provided that:
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(a)
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The use of the trailer is permitted in this chapter.
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(b)
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A plan is submitted showing the location of any permanent buildings,
driveways or physical characteristics of the land or site at which
the trailer is to be located.
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(c)
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The trailer has no water or sanitation facilities connected
to it.
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(d)
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The trailer shall be occupied for a period not to exceed one
year, subject to review and renewal by the Town Board.
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(e)
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The owner of the trailer shall pay a fee as may be established
or amended from time to time by resolution of the Town Board.
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Plastic manufacturing
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Printing ink manufacture
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Production from raw, crude or scrap materials of cement, asphalt,
starch and the by-products of coal, coke, petroleum and natural gas
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Rubber or gutta-percha manufacture from crude or scrap materials;
rubber reclaiming or processing
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Soap, tallow, grease or lard manufacturing or rendering
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Stockyards
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Sulphurous, sulfuric, nitric or hydrochloric acid manufacture
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Tanning, curing or storage of raw hides or skins
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Tar distillation and tar roofing manufacture, asphalt manufacture
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Those uses which have been or may be declared a nuisance in
any court of record and/or those (nuisances) uses which are noxious,
offensive or hazardous by reason of the emission of odor, stenches,
vibration, dust, fumes, smoke, gas, particulate emission, glare, noise,
lights or the generation of traffic of a greater nature than that
which is normal or customary to the area and which is unreasonable
under the circumstances and/or which use matter, smoke or any waterborne
or airborne waste
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Wood, pulp and fiber reduction and/or processing.
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In Industrial Districts, all structures and uses shall be subject
to certain regulations, including minimum lot sizes and setbacks as
are required to provide a site adequate for the principal and accessory
buildings, all required off-street parking, loading and stacking,
landscaping, yards and open spaces as recommended and determined by
the site plan review by the Planning Board and as approved by the
Town Board, and:
A.
Percentage of lot coverage. All structures, including accessory structures,
shall be adequate and must be recommended by the site plan review
process by the Planning Board, but in no event cover more than 40%
of the area of the lot except by special permit of the Town Board.
B.
Minimum setback requirements are as follows:
(1)
Each lot shall have a front setback of 50 feet, side and rear setbacks
of 20 feet, with 100 feet if abutting a residential zone.
D.
Buffer and landscaping requirements are as follows:
(1)
A buffer of not less than 100 feet in width shall be reserved where
an Industrial Zone borders a residential zone unless the proposed
use is a commercial one. Such a zone shall be landscaped and maintained
by the owner.
(2)
All original front, side and rear yards shall be landscaped with
a combination of trees, ground cover and shrubbery to provide effective
screening of the premises from outside of the premises and/or to present
an attractive appearance from the street.
(3)
All wire, feed lines and energy sources shall be placed underground.
The Town Board may waive this requirement at the request of the applicant
in cases where the Board shall determine that installation or installation
services will result in a difficulty or hardship. In making such decision,
the Board will consider unusual topography and/or other conditions
which prevent this requirement from being practical.
(4)
The location, size and construction of signs shall be in keeping
with the character of the area and as recommended by the Planning
Board.
(5)
All open storage of equipment and materials, including machinery,
unlicensed vehicles, building materials, scrap and other and/or similar
materials shall be effectively screened by a wall, fence, planting
or combinations of each so that such storage will not be readily visible
from a public way or residential zone at lot level insofar as reasonably
practicable.
(6)
Landscaping shall be maintained, and all required landscaping as
shown on the approved landscape plan shall be preserved.
A.
Intent. The intent of industrial performance standards is to assure
the health, safety and welfare of the residents of the Town of Elma
by:
B.
The purpose of this section is to allow uses not specified or excluded
as set forth hereinbefore or hereinafter when, after proper consideration,
the Town Board determines that a special business use permit authorizing
the same may be issued. If, after a consideration of all the interests
of the community and the Town as a whole, including but not limited
to the nature of the proposed use, its effect on adjacent lands, its
proximity to other uses and use districts and its compliance with
the performance standards set forth hereafter, the Town Board determines
that a business use permit authorizing such proposed use is proper,
the same may be issued.
C.
Review. Review of the effects of industry on its environment is preferable
during the planning stage in order to avoid remedial action after
a facility is constructed and in operation.
D.
General application.
(1)
The industrial performance standards contained herein shall be minimum
standards to be met and maintained by all industrial uses established
after the effective date of this article. All existing uses which
do not comply with these performance standards may continue to operate
but must not become more nonconforming. All additions, expansions
or changes in process shall conform to the applicable performance
standards.
(2)
Although these industrial performance standards relate more directly
to industrial uses, it is understood that no nonindustrial use, in
any district, shall exceed these performance standards.
A.
Limitations on uses in the Industrial Zone:
(1)
No use of land, building or structure shall be permitted, the operation
of which normally results in any:
(2)
No unneutralized refuse material shall be discharged into sewers,
streams or ditches.
(3)
Storage of flammable liquids shall be entirely underground and in
storage tanks to conform with the New York State Uniform Fire Prevention
and Building Code.
(4)
Safety containers shall be used within any building or structure
in which flammable liquids and/or hazardous chemicals are handled.
(5)
Glare. Illumination from industrial operations and activities can
be disturbing to the area and neighboring zones. No lighting or signs
which create glare which could impair the vision of a driver of any
motor vehicle shall be permitted.
(a)
Any operations, activity or use shall be conducted so that direct
or indirect illumination from the source of light shall not cause
unreasonable illumination in any residential zone and limited illumination
in any commercial zone.
(b)
Installation of shields may be required to eliminate glare across
residential or commercial lot lines.
A.
Application. Data to be provided by the applicant for the site plan
review shall include but is not limited to:
(1)
Plans of the proposed construction, including site plan review procedures.
(2)
A description of the proposed machinery, processes and products and
an MSDS list of chemicals, including quantities and location(s) for
use or storage in building(s) and/or on grounds.
(3)
Specifications for mechanisms and techniques proposed in restricting
possible emission of any dangerous or objectionable elements set forth
above.
(4)
Measurements of the amount or rate of emission of said dangerous
or objectionable elements.
C.
Continued enforcement.
(1)
The Building and Zoning Enforcement Officers shall investigate any
purported violation of this chapter and, upon reasonable grounds for
the same, shall notify the Town Board of the occurrence or existence
of a probable violation thereof. The Town Board shall investigate
the alleged violation and, for such investigation, may employ qualified
experts as it deems necessary or desirable. If it is found that a
violation occurred or exists, a copy of said findings shall be forwarded
to the offender, who shall, in turn, be given a reasonable length
of time to bring the violation into compliance.
(2)
The services of any qualified experts employed by the Town to advise
in establishing a violation shall be paid by the violator if said
violation is established otherwise by the Town.
D.
Compliance required; abandonment or discontinuance of permit; revocation
of permit.
(1)
The use of the premises in question shall at all times comply with
the determination of the Town Board, the business use permit, the
detailed site and development plan, the request of the applicant for
the business use permit and all other documents, evidence and data
submitted to the Town and Planning Boards based upon which the determination
and permit were made and issued.
(2)
The business use permit shall be deemed abandoned in the event that
the use permitted thereby is discontinued for a period of six months
or more. The preliminary business use permit shall also be deemed
discontinued if the construction of the premises permitted by the
preliminary business use permit is not commenced within two years
from the date of issuance thereof or if construction or alteration
of the premises as authorized under this article is not completed
within a period of two years from the issuance of the building permit.
An extension of time may be granted by the Town Board upon good reason.
(3)
The business use permit may be revoked by the Town Board after a
public hearing for a business's refusal to correct any violation of
any of the provisions of the laws, ordinances, rules and regulations
applicable thereto. So long as the business use permit is in use,
the Building Inspector or duly authorized agent shall have the right
to inspect the premises on reasonable advance notice, and the holder
of said permit and the owner and occupant of the premises for which
the business use permit shall have been issued shall answer any and
all reasonable questions and provide any information reasonably requested
in connection with such use. In the event of a failure to allow such
inspection, a failure to answer such questions or a failure to provide
such information, the Town Board shall have the right to revoke said
business use permit.
E.
Compliance by nonresidential existing uses.
(1)
Any operating nonresidential existing use may continue to operate
as it did prior to the adoption of this article for a period of three
years, provided that within said period, any nonresidential nonconforming
existing use shall submit a plan to conform as may be applicable and
appropriate to the provisions of this article respecting landscape
requirements and performance standards, including a time frame for
its implementation to the Planning Board, which shall make a recommendation
to the Town Board. The Town Board shall approve, disapprove or modify
the plan and set an implementation schedule for compliance in accordance
with any approved plan. An extension of time to implement the plan
may, upon good reasons therefor, be granted by the Town Board. If
a plan is not submitted within three years of the date of the adoption
of this article and implemented as provided hereinabove, any nonresidential
nonconforming use shall be unlawful and shall be terminated and cease
to operate. Existing uses shall not be required to meet the provisions
set forth in this article with respect to setback and/or density or
similar-type requirements for its existing operation. However, any
additional expansion of uses or structures will only be allowed subject
to approval of the Town Board.
