Town of Sweden, NY Industrial Districts

In a Light Industrial District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designated to be used, in whole or part, for any purpose except the following:

(1)

Regional professional offices and facilities, such as insurance, marketing, engineering and governmental offices.

(2)

Research, design and development laboratories.

(3)

Public utility structures.

(4)

Buildings, structures and uses owned or operated by the Town of Sweden for municipal use.

(5)

Manufacturing, motor vehicle repair (excluding sale of fuels), material processing and product assembly, provided that such activities are so designed, constructed and enclosed that there will be no observable external evidence thereof other than loading and unloading functions which shall be fully screened from all adjacent residential areas.

(6)

Wholesale storage, warehousing and mini storage, provided that such uses shall be operated in fully enclosed structures or within an area enclosed by a solid wall or a solid fence.

(7)

Wholesale lumber and building equipment sales, storage and service, provided that such uses shall be operated in fully enclosed structures or within an area enclosed by a solid wall or a solid fence.

(8)

Truck terminals, provided that such uses shall be operated in fully enclosed structures or within an area enclosed by a solid wall or a solid fence.

Uses permitted upon issuance of a special permit.

[Added 8-22-2006 by L.L. No. 3-2006]

(1)

Other uses which, in the opinion of the Planning Board, are of the same general character as those listed as permitted uses and which will not be detrimental to the district in which they are located.

Off-street parking and loading. All uses shall be subject to all applicable off-street parking and loading requirements set forth in Subsection I, in accordance with the provisions of Subsection J.

Accessory uses.

(1)

Garages, pump houses, water tower, storage tanks for other liquid materials and fire protection monitors.

(2)

Fully enclosed warehouse and storage facilities.

Prohibited uses. The following uses are prohibited:

(1)

Residences and uses permitted in residential zoning districts.

(2)

Commercial (retail) business, sales or services.

(3)

Barbershops, beauty parlors, dental offices, legal offices, medical offices and other similar professional and personal retail service establishments.

(4)

Any use which creates any dangerous, injurious, noxious or otherwise objectionable fire, explosion or other hazard; noise or vibration; smoke, dust, odor or other form of air pollutant; heat, cold, dampness, electromagnetic or other disturbance; glare; liquid or solid refuse or wastes; or any other substance, condition or element, in such manner or in such amounts as to adversely affect the use of the surrounding area or adjoining premises.

Special requirements.

(1)

The entire lot, except for areas covered by building or surfaced as parking or service areas, shall be suitably landscaped. All landscaping shall be properly maintained throughout the life of any use of said lot. Existing retaining walls, trees or landscaping shall not be removed except upon written approval of the Planning Board, nor shall existing grade be disturbed except with such approval.

(2)

Where the lot lines of the subject lot coincide with that of another lot in residential or business commercial use or the subject lot abuts or is traversed by a nonindustrial zoning district boundary, there shall be planted or installed along the lot lines thereof berms, trees, shrubs and/or fencing of such type and spacing as shall be required by the Planning Board to adequately screen all operations on the lot from the viewed adjoining properties. Generally, such screening shall be a minimum of eight feet in height and, if composed of plants, shall not be less than four feet in height but capable of reaching eight feet in height at maturity.

(3)

All permitted uses and accessory equipment, materials or activities shall be confined within completely enclosed buildings or within an area enclosed by a solid wall or a solid fence, with the exception of off-street parking spaces and off-street loading berths.

(4)

Fuel storage tanks utilized as part of the heating equipment shall be located underground or within a building. The storage of gasoline or chemical or petroleum products shall not be permitted except as incidental to a laboratory, a production operation or the servicing of company vehicles. Fuel storage tanks shall be located underground. In cases where underground storage is prohibited by law, such tanks shall be enclosed in a masonry structure.

(5)

The exterior of all principal buildings shall be predominantly of masonry materials to have a permanent color and form. Accessory buildings faced with less permanent material shall be screened from all neighboring streets, pathways and properties.

(6)

Mechanical equipment and tanks. Such features as pumps, air-conditioning equipment, tanks or cooling towers, located on rooftops or adjacent to buildings, shall be enclosed within walls of a material in harmony with that of the main walls of the building. Such equipment located away from a building shall be screened by fences, berms, hedges or other plantings or a combination thereof sufficient to screen such equipment from neighboring properties, streets and pathways.

Performance standards. Any use subject to the requirements of this section may be established and maintained if its operation is approved by the Planning Board as being in conformance with the standards and regulations limiting dangerous and objectionable elements, such as dust, smoke, odor, fumes, noise or vibration. In approving the site plan, the Planning Board shall decide whether the proposed use will conform to the applicable performance standards. The applicant shall submit to the Planning Board, if the Planning Board so requests, a written report showing the manner in which the proposed use will comply with the performance standards. Any building permit or certificate of occupancy shall be conditioned on, among other things, the applicant's paying the fees for services of such expert consultant or consultants as the Planning Board may call upon for advice as to whether or not the applicant's completed buildings and installations will conform in operation to the applicable performance standards. When the use of such consultant is required by the Planning Board, the applicant shall deposit the sum of $2,500 to be applied to the fee of such consultant. Any proceeds of such deposit not used for said consultant shall be returned to the applicant, and any deficiency shall be made up by the applicant within 15 days following a request therefor by the Planning Board and, in any event, prior to the issuance of a building permit or certificate of occupancy, which shall be conditioned on the continuous conformance of the applicant's completed buildings, installations and uses to the applicable performance standards.

(1)

All permitted uses shall be subject to the performance standards procedure. If the Code Enforcement Officer has reasonable grounds to believe that any proposed use violates any of the performance standards and reports accordingly to the Planning Board, then the applicant shall comply with the performance standards procedure.

(2)

Enforcement provisions applicable to other uses. Initial and continued compliance with the performance standards is required of every use, including those already existing on the effective date of this chapter. Provisions for enforcement of continued compliance with the performance standards shall be invoked by the Code Enforcement Officer against any use if there are reasonable grounds to believe that the performance standards are being violated by such use.

(3)

Performance standards procedure.

(a)

An application for a building permit or certificate of occupancy for a use subject to the performance standards procedure shall include a plan 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 the emission of any dangerous and objectionable elements. The applicant shall also file 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. No applicant will be required to reveal any secret processes, and any information which may be designated by the applicant as a trade secret and submitted herewith will be treated as confidential. 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 a report by one or more expert consultants retained by the Planning Board or retained by the applicant and approved by the Planning Board to advise as to whether the proposed use will conform to the applicable performance standards. The consultant shall report to the Board within 20 days of said request, and a copy of his report shall be promptly furnished to the applicant. Time extensions may be allowed by mutual agreement of the Planning Board and the applicant. The cost of any such special reports by expert consultants shall be paid by the applicant.

(4)

Performance of standard regulations.

(a)

Fire and explosion hazards. All activities involving and all storage of flammable and explosive materials shall be confined to a location with adequate safety devices against the hazard 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 on the site. Other relevant provisions of state and local laws and regulations shall also apply.

(b)

Vibration.

[1]

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 50 cycles per second frequency, measured at or beyond the lot lines using either seismic or electronic vibration-measuring equipment.

[2]

Vibrations occurring at higher than 50 cycles per second frequency 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.

(c)

Noise.

[1]

The maximum decibel levels radiated by any use or facility at any lot line shall not exceed the values given in Table 1. Test procedures and instrumentation for noise measurement shall be in conformity with American National Standards Institute Standards S1.1-1971 and all subsequent revisions.

	Table 1
	Octave Band Center Frequency	Maximum Permitted Sound Pressure Level (dBA)
	31.5	75
	63	67
	125	60
	250	54
	500	59
	1,000	46
	2,000	44
	4,000	43
	8,000	42
	16,000	41

[2]

Where any use adjoins a nonindustrial zoning district at any point at the district boundary or within the nonindustrial district, the maximum permitted decibel levels in all octave bands shall be reduced by six decibels from the maximum levels set forth in Table 1.

(d)

Smoke, The density of 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 different color but with an apparent equivalent opacity.

(e)

Odors. No emission shall be permitted of odors, gases or other odorous matter in such quantity as to be readily detectable when diluted to a ration of one volume of odorous air emitted to four volumes of clean air. Any process that may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, Table III, Odor Thresholds, in Chapter 5, Air Pollution Abatement Manual, copyright 1959 by Manufacturing Chemists' Association, Inc., Washington, D.C., and said manual and/or table as subsequently amended.

(f)

Fly ash, dust, fumes, vapors, gases, other forms of air pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property or which can cause any excessive soiling at any point beyond the boundaries of the lot. The concentration of such emission on or beyond any lot line shall not exceed 1/10 the minimum allowable concentration set forth in Section 12-29 of the Industrial Code Rule No. 12, relating to the Control of Air Contaminants adopted by the Board of Standards and Appeals of the New York State Department of Labor, effective October 1, 1956, and any subsequent standards.

(g)

Electromagnetic radiation. It shall be unlawful to operate or cause to be operated any planned or intentional sources of electromagnetic radiation which do not comply with current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. Further, said operation in compliance with the Federal Communications Commission shall be unlawful if such radiation causes 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 National Standards Institute (ANSI) and the Institute of Electrical and Electronic Engineers (IEEE).

(h)

Radioactive radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property lines. The handling of radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes shall be in conformance with the regulations of the Atomic Energy Commission, as set forth in Title 10, Chapter 1, Part 20, Standards for Protection Against Radiation, as amended, and all applicable regulations of the State of New York.

(i)

Heat. For the purposes of this chapter, "heat" is defined as thermal energy of a radioactive, conductive or convective nature. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of 5° F., whether such change is in the air or on the ground, in a natural stream or lake or in any structure on such adjacent property.

(j)

Glare.

[Amended 8-22-2006 by L.L. No. 3-2006]

[1]

Direct glare. "Direct glare" is defined, for the purpose of this chapter, as illumination beyond property lines caused by direct or specularly reflected rays from incandescent, fluorescent or arc lighting or from such high-temperature process as welding or petroleum or metallurgical refining. No such direct glare shall be permitted.

[2]

Indirect glare. "Indirect glare" is defined, for the purpose of this chapter, as illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof of a structure. Indirect glare produced by an illumination of a reflecting surface shall not exceed the recommendations set by the Illuminating Engineering Society of North America (IESNA).

(k)

Liquid or solid wastes. No discharge of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements shall be permitted at any point into any public sewer or stream or into the ground, except when in accord with standards approved by the State and County Departments of Health, Monroe County Pure Waters Agency and local ordinances. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.

Site plan approval. All uses in a light industrial district shall be subject to the site plan approval by the Planning Board, in accordance with the requirements of § 175-11.

Off-street parking. Off-street parking spaces, open or enclosed, are permitted accessory to any use, subject to the following provisions.

(1)

Parking requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any use as specified herein. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed herein shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each such use.

(2)

Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or a driveway in a required front yard.

(3)

Sizes of spaces. Each parking space shall be a minimum of 10 feet wide by 20 feet deep and shall be served by an aisle not less than 24 feet wide. When parking is arranged back to back, each parking space may share a common backup space. Entrance and exit lanes shall not be computed as parking spaces. Each parking space shall be identified with one painted line (white or yellow traffic paint), four inches wide, set 10 feet apart. These lines shall extend for 20 feet in length.

(4)

Number of spaces.

	Use	Spaces
	Offices and research laboratories	1 for each 300 square feet of floor area or per employee, whichever is greater
	Manufacturing, wholesaling and storage	1 for each 600 square feet of floor area or 1 per employee, whichever is greater
	Uses not listed	As determined by the Planning Board to be needed to prevent parking on a public street by persons visiting or connected with such use

(5)

Industrial districts. No parking shall be permitted in the front yard between the street line and the building line or within 10 feet of any side or rear lot lines. When light industrial building lots abut a nonindustrial zoning district, no parking or driveways shall be located within 50 feet of a residential lot line or 20 feet of a business commercial lot line.

(6)

Access. Unobstructed access to and from a street shall be provided. Such access shall consist of a least one ten-foot-wide lane for parking areas with fewer than 20 spaces and a least two ten-foot-wide lanes for parking areas with 20 spaces or more. No entrance or exit for any off-street parking area with a capacity of more than four spaces shall be located within 50 feet of any street intersection nor exceed a grade in excess of 6% within 25 feet of any street line or 10% of any other point.

(7)

Drainage and surfacing. All parking areas shall be properly drained, and all such areas shall be provided with a dustless surface of concrete or asphaltic concrete, in accordance with specifications of the Town of Sweden. The maximum slope of a parking area shall not exceed 5%.

(8)

Enclosed facilities. Required parking areas may be constructed within or under any portion of a main building, provided that the access driveway does not at any point have a grade in excess of 10%.

(9)

Location and ownership. Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory.

(10)

Handicap parking shall meet New York State standards and ANSI A117.1-1980.

Off-street loading. Off-street loading berths, open or enclosed, are permitted as accessory to any use subject to the following provisions:

(1)

Loading requirements. Accessory off-street loading berths shall be provided for any use specified herein. Any land which is developed shall be considered a single lot for the purpose of these loading requirements. Reasonable and appropriate off-street loading requirements for structures and uses which do not fall within the categories listed herein shall be determined by the Planning Board upon consideration of all factors entering into the loading needs of each such use.

(a)

For buildings with professional, governmental or business offices or laboratory establishments, if floor area is less than 8,000 square feet, none; if floor area amounts to between 8,000 and 25,000 square feet, one berth; for each additional 25,000 square feet, or major fraction thereof, up to 100,000 square feet, one additional berth; for each additional 50,000 square feet, or major fraction thereof, one additional berth.

(b)

For manufacturing, wholesale or storage uses and for dry-cleaning and rug-cleaning establishments and laundries, one berth for each 10,000 square feet of floor area or less and one additional berth for each additional 20,000 square feet of floor area, or major fraction thereof, so used.

(2)

Size of spaces. Except as provided hereinbefore, each required loading berth shall be at least 12 feet wide, 60 feet long and 14 feet high.

(3)

Location and access. Unobstructed access, at least 12 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are necessary. No entrance or exit for any loading area shall be located within 70 feet of any street intersection. No off-street loading berth shall be located in any front yard.

Regulations for parking spaces adjacent to lots in any nonindustrial zoning district:

(1)

Wherever a parking area is adjacent to the side or rear lot lines of a lot in any nonindustrial zoning district, said parking lot shall be thoroughly screened from such adjoining lot, subject to approval by the Planning Board. Generally, such screening shall be eight feet in height and, if composed of plants, shall not be less than four feet in height, capable of reaching a minimum of eight feet in height at maturity.

(2)

Whenever a parking area is located across the street from any land in a nonindustrial zoning district, it shall be thoroughly screened subject to approval by the Planning Board. Such screening shall be located along a line parallel to the street and a distance of 20 feet from the right-of-way line if parking is permitted in such location. The open area between such screening and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street.

Driveways. No driveway shall provide access to a lot located in another district.

Landscaping regulations. In any district where landscaping is required, the nature of such landscaping shall be subject to approval by the Planning Board. Such landscaping shall be maintained throughout the effective period of any certificate of occupancy on any lot.