[Amended 5-16-2005 by L.L. No. 6-2005; 2-28-2011 by L.L. No.
7-2011]
In furtherance of the Town's Comprehensive Plan,
the primary purpose of the Light Industrial District LI is to permit
light manufacturing, processing, assembly and fabrication facilities,
wholesale warehouses and storage facilities, equipment maintenance
and research and development. This district is primarily for selective
industries whose activities do not adversely impact the environment
or quality of life of the residents of the Town or create an impact
which is injurious to the public health, safety or general welfare
of the residents or property owners of the Town of Clifton Park. Accordingly,
due to the potential adverse and/or harmful impact of heavy industrial
uses, such uses are explicitly excluded from this district.
[Amended 5-16-2005 by L.L. No. 6-2005]
The location and boundaries of the LI District
are as set forth on the Official Zoning Map, as attached hereto.[1] This article shall apply to the entire LI District as set forth on the attached Official Zoning Map, except that the permitted uses set forth in § 208-64A shall apply only to those portions on the Official Zoning Map of the LI District designated as "LI-1." The uses set forth in § 208- 64B shall apply only to those shaded portions on the Official Zoning Map of the LI District designated as "LI-2."
[1]
Editor's Note: The Zoning Map is on file in
the Town offices.
A.
Permitted uses; LI-1 area.
[Amended 12-9-1996 by L.L. No. 11-1996; 5-16-2005 by L.L. No. 6-2005]
(1)
An owner shall be permitted to have more than one
tenant in an approved facility, provided that all occupancies fall
within the permitted use. The following uses are expressly permitted
in the LI-1 area of the LI District, subject to the district regulations
and performance standards as set forth herein.
(a)
Assembling/fabrication, processing or light
manufacturing of products, provided that such activity is not violative
of the district regulations as set forth herein, and further provided
that such activity does not result in any noxious noise or odor outside
the district and does not have a deleterious effect on the air or
water quality.
(b)
Storage, warehousing or distribution of manufactured
products.
(c)
Animal care facilities.
(d)
Warehousing, public.
(e)
Public utility uses, including but not limited
to electrical substations, telephone exchange or other similar use.
(f)
Research and development facilities.
[Amended 2-28-2011 by L.L. No. 7-2011]
(g)
Emergency ambulance facilities if and only as
long as these facilities are under contract to the Town of Clifton
Park to provide general health services to the Town.
(h)
Buildings accessory to the above which are an
integral part of any of the above uses and are not in conflict with
the purpose of this article as set forth above.
(i)
Offices and office parks.
[Amended 2-28-2011 by L.L. No. 7-2011]
(j)
Equipment maintenance.
[Added 2-28-2011 by L.L. No. 7-2011]
(l)
Brewery, large.
[Added 4-1-2019 by L.L.
No. 5-2019]
(m)
Distillery.
[Added 4-1-2019 by L.L.
No. 5-2019]
(n)
Tap room/tasting room.
[Added 4-1-2019 by L.L.
No. 5-2019]
(o)
Tier 1 solar energy system.
[Added 10-18-2021 by L.L. No. 6-2021]
(3)
All applicants for projects proposed in the LI-1 area
shall be required to conduct a tree survey which indicates the location
of all trees and other plants with a diameter of six inches or more
on the property. The applicant shall ensure that at least 50% of
the trees and other plants of six (6) inches or more in diameter,
outside of the site improvement areas, are preserved. Site improvement
areas include, but are not limited to, building footprints and parking
lots.
(4)
All projects proposed for the LI-1 area shall incorporate
architectural standards which reflect the existing natural and developed
aesthetics of the LI-1 and surrounding area.
B.
Permitted uses; LI-2 area. An owner shall be permitted
to have more than one tenant in an approved facility, provided that
all occupancies fall within the permitted use.
[Amended 12-9-1996 by L.L. No. 11-1996; 4-6-1998 by L.L. No. 2-1998; 5-16-2005 by L.L. No. 6-2005]
(1)
Assembling/fabrication, processing or light manufacturing
of products, provided that such activity is not violative of the district
regulations as set forth herein, and further provided that such activity
does not result in any noxious noise or odor outside the district
and does not have a deleterious effect on the air or water quality.
(2)
Storage, warehousing or distribution of manufactured
products.
(3)
Transportation services, accessory and local.
(4)
Automobile and truck rental facilities and public
garages.
(5)
Automotive repair shops and garages and auto body
shops.
(6)
Warehousing, public and private.
(7)
Public utility uses, including but not limited to
electrical substation, telephone exchange, water facility or other
similar use.
(8)
Animal-care facilities.
(9)
Emergency ambulance facilities if and only as long
as these facilities are under contract to the Town of Clifton Park
to provide general health services to the Town.
(10)
Automobile service stations.
(11)
Buildings accessory to the above which are an
integral part of any of the above uses and are not in conflict with
the purpose of this article.
(13)
Only the following special uses shall be considered pursuant to § 208-79 et seq.:
[Added 4-6-1998 by L.L. No. 2-1998]
(c)
Research laboratory and facilities.
[Added 2-28-2011 by L.L. No. 7-2011]
(d)
Equipment maintenance.
[Added 2-28-2011 by L.L. No. 7-2011]
(e)
Accessory retail.
[Added 2-28-2011 by L.L. No. 7-2011]
(f)
Mobile home park; overlay established; boundaries.
[1]
An overlay is hereby established for mobile
home parks within a portion of the LI-2 area of the Light Industrial
District as shown on the Zoning Map. All zoning requirements of the
LI District, which are not superseded herein, shall apply to the overlay
area.
[2]
The boundaries of the overlay area are superimposed
over those portions of the LI District described as the area wholly
contained within the boundaries of NYS Route 9 to the west, the LI
Zone boundary to the east and south, and NYS Route 9 to the north,
except it shall also include a small area depicted on the Zoning Map
in the northwest corner of the LI-2 area of the LI Zone, generally
bounded by the Town boundary on the north, Interstate 87 on the west,
and Wood Road on the south and east.
C.
Prohibited uses. In accordance with the purpose of this article as set forth in § 208-62, the following is a list, while not all inclusive, of examples and uses which do not meet the intended purpose of this zone and are therefore prohibited. The following uses are expressly prohibited in the LI District as constituting either heavy industrial use or incompatible light industrial use:
(1)
Asphalt plant.
(2)
Manufacture or storage of fireworks, explosives or
munitions.
(3)
Manufacture of cement or abrasives.
(4)
Manufacture of fertilizer or glue.
(5)
Manufacture, processing, storage, production or refining
of petroleum or other flammable liquids or gasses.
(6)
Manufacture of alcohol, dye or rubber.
(7)
Manufacture of corrosive acid or alkali.
[Amended 2-28-2011 by L.L. No. 7-2011]
(8)
Manufacture or production of hazardous and/or toxic
chemicals, as defined in 15 U.S.C. § 1261.
[Amended 2-28-2011 by L.L. No. 7-2011]
(9)
Manufacture of ammonia, chlorine, bleaching powder,
boilers, large steel tanks, large steel vessels, asphalt, brick, tile,
glutinous derivatives, lampblack, lime cement, plaster of Paris, oil
cloth, linoleum, paint, varnish, turpentine, printing ink, pyroxoline
plastic or articles made therefrom, soap, starch, glucose, dextrine
products, sulfurous products, nitric acid, hydrochloric acid, tar
or tar products, crude rubber products, alcohol or carcinogenic dyes.
(10)
Assaying any metal except gold or silver.
(11)
A crematory.
(12)
Distillation of coal, wood, bones or tar.
(13)
Rendering or reduction of fats, tallow, grease,
lard or any organic material, including garbage, offal, dead animals
of any kind or refuse of any kind.
(14)
An iron, steel, brass or copper foundry.
(15)
Structural steel or metal fabrication where
a drop hammer is used.
(16)
Refining of petroleum.
(17)
Tanning, storage or curing of rawhides or skins.
(18)
Slaughtering of animals or birds.
(19)
Packing, curing or processing of raw fish or
raw fish products.
(20)
Smelting of metals.
(21)
Corralling of livestock or poultry for slaughter
or transshipping.
(22)
Motor vehicle, snowmobile or other motorized
vehicle racing or track operation or car or midget auto races.
(23)
Auto wrecking yards or scrap metal storage.
(24)
Stone or gravel crushing.
(25)
Residential dwellings, except that one caretaker
dwelling unit per property shall be permitted. The Planning Board
may require evidence that such a dwelling unit is necessary and will
be established solely for security and maintenance purposes.
(26)
Power-generation plants.
(27)
Any storage or warehousing of chemicals or petroleum
products that are not ancillary or incidental to the main on-site
use and that does not adhere to all requirements of state and federal
regulations, including but not limited to NYS DEC, US OSHA and US
EPA regulations.
[Amended 2-28-2011 by L.L. No. 7-2011]
(28)
Atomic power facilities, storage of nuclear
waste or related nuclear research and development.
(29)
Any other use which produces objectionable noise,
dust, vibrations, noxious fumes, smoke or odors, all as defined below.
D.
E.
The determination as to the suitability of any use
shall be made by the Zoning Enforcement Officer in writing pursuant
to the criteria set forth herein.
F.
Performance standards.
(1)
Measurement of noise. Sound levels in the Light Industrial
District shall not exceed 45 decibels from 11:00 p.m. to 6:00 a.m.,
nor 65 decibels at other times, the measurement of which shall be
made with a sound-level meter meeting the standards prescribed by
the American National Standards Institute. Measurement of noise levels
shall be made at the property line of the property on which such noise
is generated or perceived and shall be taken at least four feet above
ground level. Compliance with the established noise limits is to be
maintained at all elevations at the boundary of each property.
(2)
Discharge of toxic or noxious matter. No activity
in the LI District shall permit any type of discharge either on or
off site of any toxic or noxious matter in such concentrations as
to be detrimental to or endanger the health of the public or significant
bird and mammal wildlife. For purposes of this legislation, "noxious"
is defined as that which causes or tends to cause injury to health.
(3)
Vibration. In no case shall any vibration from the
LI District be perceptible without the aid of instruments along the
boundary line of the zone, except during initial construction of the
facility.
(4)
Heat or glare. No use shall be permitted that will
produce heat or glare beyond the property line of the lot on which
the facility is located.
(5)
Odor. No emission of any odorous matter shall be permitted
so as to be detected outside the property line of the lot on which
the facility is located. Any facility which may involve the emission
of any odor shall be equipped with a secondary safeguard system, so
that control will be maintained if the primary system should fail.
A.
Lot area. The minimum lot area per establishment shall be one acre (43,560) square feet, and the minimum width of the lot at the front building line shall be 150 feet, except along those streets listed in § 208-98 where the minimum width shall be 200 feet. The minimum frontage may be calculated along property abutting a public right-of-way, or along a privately owned and maintained road, which allows access to more than one parcel or lot, which is normally open to the public and upon which persons other than the owner located thereon may also travel.
[Amended 2-28-2011 by L.L. No. 7-2011]
B.
Lot coverage. Buildings, parking areas, including maneuvering areas, stormwater retention areas and other site amenities that are an integral and necessary part of the use shall not occupy more than 60% of the total lot area. Notwithstanding the requirement in § 208-116A(8), the green space requirement for this district is 40%. The stormwater retention area may be included in the green space calculation upon proof that the stormwater retention area will be improved to form an integral part of the landscaping scheme and would enhance the overall aesthetics and thus serve the purpose of the green space requirements of this article.
C.
Buffer. No building shall be located closer to any
residential district property line than 100 feet, and there shall
be no encroachment into this area by anything other than natural vegetation
or planted landscaping. Where the Light Industrial District line abuts
the Saratoga County Sewer easement established at an approximate minimum
width of 65 feet in the northeastern corner of the Town of Clifton
Park, the buffer shall be 40 feet. The resultant buffer will be approximately
100 feet. In addition, there shall be established a minimum twenty-five-foot
planted buffer along the rear and side property lines of all parcels.
D.
Height. Permitted height of buildings and structures
shall be 50 feet. For any building or structure proposed over 35 feet
in height, the Planning Board will conduct a visual assessment and
require the applicant to complete Appendix B of the State Environmental
Quality Review, Visual EAF Addendum for its consideration. The Planning
Board shall also require a line-of-sight-profile with control points
to be determined by the Board.
[Amended 2-28-2011 by L.L. No. 7-2011]
E.
Setbacks.
(1)
Front yards. No building shall be located closer than 50 feet to the front property line, into which space there shall be no encroachment of buildings other than a fence or similar structure or sign. No parking or maneuvering area shall be allowed in the front yard. Building setbacks specifically established in § 208-98 of this Code shall take precedence over the above. No parking or maneuvering area shall be allowed in the front yard unless the Planning Board finds that, in the case of keyhole lots or lots with similar configurations, the intent of this article is better met by allowing construction within the front yard setback.
(2)
Side yards/rear yards. In order to allow for maximum
flexibility of design, to preserve as much of the natural environment
as possible and to promote the purpose of this article, there is established
a twenty-five-foot minimum side and rear yard setback, which shall
be considered a buffer area and which shall contain natural or planted
vegetation for the purpose of screening uses from adjacent properties.
No parking shall be permitted in the buffer area.
(3)
Setbacks for accessory buildings. No building approved
as an accessory to the main use shall be constructed closer than 25
feet to a property line.
A.
Ingress/egress. There shall not be more than one curb
cut per lot unless the Planning Board finds that traffic safety will
be improved with the addition of another curb cut. The approved curb
cut shall be wide enough to accommodate safely and in accordance with
accepted traffic control standards approved by the Town Engineer the
type of traffic to be generated by the use and shall meet all of the
firesafety requirements of the Town of Clifton Park. The distance
between curb cuts on two separate parcels shall be a minimum of 120
feet measured from the center line of the curb cut. Design should
take into consideration the possibility of shared curb cuts with adjacent
properties and parallel service roads in order to minimize the amount
of curb cuts in a given area. In the case of a corner lot, no curb
cut shall be located closer than 100 feet to the intersection.
B.
Landscaping. The overall intent of this standard is
to promote and achieve, where possible, a well-landscaped site that
takes into consideration the surroundings and the total environment.
Consideration shall be given to preservation of natural and existing
vegetation as well as new plantings throughout an entire site. The
Planning Board shall take into consideration the location of the structures
and parking areas and their proximity to adjacent buildings and/or
lots. Consideration shall be given to planting along property lines,
buffer areas and along the walls of the structure, where possible,
without impeding the operations of the facility. However, if there
is substantial natural vegetation on site that serves the requirements,
e.g., screening, aesthetics, etc., the Planning Board shall not require
additional plantings except where deficiencies shall exist.
C.
Architecture. The architectural design shall consider
building facade, including color, and other significant design features,
such as exterior materials and treatments, roof structure, exposed
mechanical equipment and service and storage areas. Architectural
block or similar facade along the road frontage shall be required.
D.
Utilities. Uses provided within an LI District shall
be served by sanitary sewers, adequate drainage control and/or storm
sewers, and a community water system where available. If none is available
at the time of approval, the owner shall be required to hook into
a community water and sewer system as soon as one becomes available
as defined by the New York State Uniform Fire Prevention and Building
Code.
E.
Each change of use in any existing facility in the
LI District shall require site plan approval by the Planning Board
in order to ensure that future uses are in keeping with the purpose
of this article. (If the use is within the same category of uses,
i.e., storage, from furniture to tools, no new site plan approval
is required. However, if the use involves a change from storage to
fabrication, then a new site plan approval is required.) In addition
to any other requirements of the Town Code or New York State law,
a site plan shall be provided to the Planning Board for review, outlining
any changes to the site plan necessitated by the change in use. The
Planning Board shall take into consideration current code requirements
in an effort to bring outdated site plans into conformance as reasonably
as possible.
F.
No underground fuel storage tanks shall be allowed
where there is evidence that an aquifer (or aquifer recharge area)
exists or is within 500 feet of the site for tanks or if the building
lot is located adjacent to or adjoins a Land Conservation Zone. The
Planning Board shall refer to the aquifer/recharge maps officially
recognized by the Town Board in order to assess whether testing is
required to make a determination.
See Article XIV, Exceptions and Special Provisions, for other applicable requirements.
