[HISTORY: Adopted by the Town Board of the Town of Marilla 10-8-1998
by L.L. No. 3-1998 (Ch. 166 of the 1999 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 700.
This chapter shall hereafter be known as "Local Law No. 3 of the Year
1998, entitled the Town of Marilla Self-Storage Facilities Law."
The purpose of this chapter is to update the Zoning Law and Ordinances
of the Town of Marilla to establish areas of the Town of Marilla where self-storage
facilities will be permitted and to impose standards for such facilities.[1]
As used in this chapter, the following terms shall have the meanings
indicated:
A public facility for storage of personal, household or business
property which is serviced by the owner of the stored property or an agent
of the owner for periods of at least 60 days or greater. The term "self-storage
facility" includes all similar uses and terms but shall not be construed to
mean warehouse. The self-storage facility must be constructed on a permanent
foundation. A self-storage facility is not to be used for the transfer, shipping
or receiving of products or goods in conjunction with a business operation.
A.
Self-service storage facilities shall be limited to long-term
storage use only and shall be located in the B Business District. No activities
other than rental of storage units and pickup and deposit of long-term storage
items shall be allowed. "Long-term storage" will be defined as the storage
of goods or materials for a period of 60 days or greater. Examples of activities
prohibited in a self-service storage facility include but are not limited
to the following: commercial wholesale or retail sales; auctions, garage sales
or flea markets; servicing, repair or fabrication of motor vehicles, boats,
trailers, lawn mowers, appliances or similar equipment; the operation of power
tools, spray-painting equipment, table saws, lathes, compressors, welding
equipment, kilns or other similar equipment; the establishment of transfer
storage businesses; and any use that is noxious or offensive because of odors,
dust, noise, fumes or vibrations, but nothing contained herein shall prohibit
enforcement of the provisions of the New York State Lien Law. None of the
aforementioned conditions shall restrict the facility owner from performing
maintenance on this facility.
B.
All rental contracts shall include clauses prohibiting:
(1)
The storage of flammable liquids and highly combustible,
radioactive or explosive materials, hazardous chemicals or substances considered
illegal under state or federal statutes.
(2)
Pets or any animals.
(3)
The use of property for uses other than long-term storage.
(4)
Short-term storage of items for the intent of warehousing
activities and/or for retail sales.
C.
The owner shall inspect each and every storage unit for
cause or at a period no greater than once yearly. The owner shall maintain
records of their inspections and make them available to the Code Enforcement
Officer upon request.
D.
Interior parking lanes shall be provided adjacent to
the storage units. Such lanes shall be provided parallel to the storage units.
Such lanes shall be a minimum of 12 feet in width.
E.
Interior maneuvering lanes shall be provided around all
buildings. For one-way circulations, lanes of 12 feet shall be provided. For
two-way circulation, 24 feet shall be provided. Drives shall be surfaced with
asphalt or oil and chip or some other hard-packed material capable of sustaining
the weight of fire equipment.
F.
Landscaping and security.
(1)
These landscape plan requirements shall be reviewed and/or
revised by the Planning Board depending upon site specifics.
(2)
Plantings shall be provided in all yards facing public
roadways. These and other plantings shall both screen and visually interrupt
the linear extent of the buildings so as to reduce the appearance of massive
structures. When utilized, an effective living screen of evergreen-type shall
be provided. The entire site shall be designed to minimize the potential for
vandalism or criminal activity. Any fencing for security or aesthetic purposes
shall be approved by the Planning Board as to material, height and color.
Site lighting shall be provided and shall be directed or shielded to prevent
glare on adjacent properties or roadways and subject to Planning Board approval.
G.
Hours of operation for self-storage facilities shall
be limited to the hours of 6:00 a.m. to 11:00 p.m. daily.
I.
All interior travel lanes shall be posted to prohibit
parking.
J.
Rental unit size shall be limited to a maximum of 400
square feet, and no single tenant shall be permitted to rent or lease more
than 2,000 square feet.
K.
Buildings shall be oriented to reduce the visual impact
on adjacent properties and existing roadways.
L.
No building shall have an exterior wall height greater
than nine feet nor shall it be longer than 150 feet in length.
M.
All storage shall be within the building walls.
N.
Site plan review by the Planning Board shall be required
pursuant to the Checklist for Application for Site Development Plan Approval,
included at the end of Chapter 210, Zoning, of the Code of the Town of Marilla.
A.
In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements. More stringent
provisions may be required if it is demonstrated that different standards
are necessary to promote the public health, safety and welfare.
B.
The provisions of this chapter shall supersede any prior
inconsistent provisions of any local law, ordinance or resolution of the Town
of Marilla. If a higher standard is imposed by any applicable law, ordinance,
resolution, rule or regulation adopted by a higher level of government, the
more restrictive or higher standard shall supersede these provisions. The
Town reserves the right to impose additional future provisions by ordinance
or resolution, which provisions may be more restrictive or impose a higher
standard, which provisions shall be kept on file in the office of the Town
Code Enforcement Officer of the Town of Marilla.
Violation of the provisions of this chapter shall be punishable by a
fine not exceeding $250 or by a term of imprisonment not exceeding 15 days,
or both, and with each week such violation continues constituting a separate
offense. The Town of Marilla shall have recourse to such remedies in law and
equity as may be necessary to ensure compliance with the provisions of this
chapter.
