[Amended 8-11-1987 by L.L. No. 2-1987]
A. Intent. The intent of creating industrial districts
is to set aside areas of the Town which are most appropriate for industrial-related
uses that will result in a minimum of disturbance or conflict with
nonindustrial uses.
B. District created. There is hereby created within the
Town an Industrial District.
C. Permitted uses. The following principal uses are permitted
in the Industrial District:
(1) Warehouses for enclosed storage of goods and materials
and distribution centers, excluding trucking terminals and bulk storage
of fuel or other flammable liquids or gases.
(2) Research and development laboratories.
(3) Administrative, professional or executive offices.
(4) Fabrication of paper products, such as but not limited
to packaging materials, office and household supplies, stationery,
etc.
(5) The processing and fabrication of plastics and plastic
products, including but not limited to product design and development,
molding, mold repairs and alterations, finishing and packaging of
plastics and plastic-related products.
(6) The processing and fabrication of metal products,
such as but not limited to metal foil, sheet metal products and related
metal fabrication.
(7) The manufacture or remanufacture of machinery, machine
parts, motor vehicle parts, electronic part components, tool and die
products and associated machinery.
(8) Welding and related welding activities.
(9) Printing, publishing and bookbinding.
(10)
Motor vehicle sales, service and repair.
(11)
Construction equipment storage and repair.
(14)
Wholesale distribution of any of the above items
and/or products.
D. Conditional industrial uses. Conditional industrial
uses shall be any industrial uses which are of the same character
as those listed as permitted uses and which will not be detrimental
to the district or adjacent residential districts upon the granting
of a special permit by the Planning Board.
E. Prohibited uses. Prohibited uses shall be the manufacturing
of explosives, acetylene, gas, oxygen, plaster, disinfectants or insecticides,
asphalt, soap, ammonia, bleaching powder or other chemicals emitting
corrosive or toxic fumes carrying beyond the limits of the premises,
cement, lime, acids, tallow, greases or oils, glue, size or gelatin,
fertilizer; also any industrial processes emitting dust, gas, fumes,
odor, noise, smoke or vibration comparable in character to or in aggregate
amount equaling that of any use specified in this subsection; and
also any process which employs the use or storage of nuclear fuels
or radioactive materials of any kind. All uses not expressly or conditionally
permitted are prohibited.
[Amended 8-10-2004 by L.L. No. 2-2004]
F. Additional conditions. Before any land shall be used or building or structure constructed, reconstructed, altered, changed or used for any purpose specified in Subsections
C and
D herein or upon any change in use within the district, application must be made to and approval thereof granted by the Planning Board at the site plan review stage, subject to such terms and conditions as may be appropriate in the particular case. The Planning Board shall consider the following:
(1) The hazard of fire or explosion of other physical
hazard to any adjacent building or property.
(2) Appropriate fencing and/or screening of the parcel
from adjacent residential premises, if any.
(3) The provision for adequate off-street parking for
all employees, guests, invitees and users of the property.
(4) The grading, drainage, entrances and exits from existing
roadways, traffic flows, landscaping and other related site improvements.
(5) The location of loading and unloading areas and the
screening of docks and storage areas.
(6) The outside lighting of buildings, grounds and parking
areas.
(7) Reasonable hours for refuse collection, deliveries,
snow removal or other services which generate objectionable noises
when such activities occur adjacent to an area being used for residential
purposes.
(8) Any other condition or criteria which may be appropriate
to the particular use or parcel.
[Added 8-18-1994 by L.L. No. 2-1994]
A. Intent. The intent of this district is to provide
for research and development-oriented industries and regional or district
corporate offices and other compatible limited manufacturing operations
in an industrial park-like or campus-like environments that will be
compatible with the existing nonindustrial uses in the Town of Clarkson.
The district regulations are designed to limit and restrict permitted
and special permit uses to these that will be commercial areas in
close proximity. Because of this, in the event of a conflict with
other provisions of this chapter, the stricter requirement shall apply.
B. District created. There is hereby created within the
Town a Limited Industrial, High Technology Manufacturing and Office
Park District (L.H.O.).
C. Permitted uses. The following uses and their customary
accessory uses are permitted in the L.H.O. District:
(1)
Offices for business, administrative, educational
and professional entities and government offices.
(d)
Administrative, professional and executive offices.
(2)
Scientific research or experimental design and
design and development of materials, methods or products, including
engineering and laboratory research.
(a)
Environmental-biotech labs.
(c)
Research and development labs or centers.
(3)
Light manufacturing, assembling, fabrication
or packaging of products such as cloth, paper, leather, precious or
semiprecious metals or stone.
(b)
Optical goods and other precision instruments
manufacturing.
(c)
Packaging, office stationery and the processing
or fabricating of paper products.
(d)
Jewelry and arts-and-crafts manufacturing.
(4)
Accessory uses and structures customarily incidental
to a principal use, including but not limited to garages, pump houses
and water towers.
(5)
Warehouse and distribution facilities accessory and integral to the permitted operation under §
140-35.1C(3) above, the scope of such use is not to exceed 30% of the building's or structure's total square footage.
(6)
Public buildings and grounds, excluding maintenance,
repair or outdoor storage facilities owned or operated by the Town
of Clarkson for municipal use.
(7)
Completely enclosed public utility substations
and uses.
D. Uses permitted upon issuance of a special permit. Upon issuance of a special permit by the Planning Board in accordance with §
140-38F, the following uses may be permitted:
[Amended 6-27-2000 by L.L. No. 3-2000]
(1)
Warehouse and distribution facilities not accessory
to a principal use.
(2)
Printing, publishing and bookbinding.
(3)
The processing and fabrication of plastics and
plastic products.
(4)
Electric and electronic components manufacture.
(7)
Tool and die operations and machine shops.
(8)
Day-care operations in the business of caring
for dependents.
(9)
Use of similar character to those allowed in this district, provided that the Planning Board, prior to issuing a special permit, makes a finding that the proposed use is of a similar character to a use permitted in such district either under Subsections
C or
D above.
E. Prohibited uses. All uses not expressly or conditionally
permitted are prohibited.
[Added 8-10-2004 by L.L. No. 2-2004]
F. Dimensional requirements. At a minimum, all parcels
shall conform to the following:
[Amended 6-27-2000 by L.L. No. 3-2000]
(1)
Lot area: 60,000 square feet.
(2)
Lot width at right-of-way: 200 feet.
(4)
Side setback:
(a)
Abuts residential: 50 feet.
(b)
Abuts nonresidential: 30 feet.
(5)
Front setback:
(a)
Fronts on major road: 100 feet.
(b)
All other roads: 65 feet.
(6)
Rear setback:
(a)
Abuts residential: 50 feet.
(b)
Abuts nonresidential: 50 feet.
(7)
Building size will be determined by the requirements
of the New York Fire Prevention and Building Code.
(8)
Height of structures in the L.H.O. District
shall not exceed 40 feet. Chimneys, ventilators, necessary mechanical
appurtenances and similar features attached to such structure may
extend 15 feet above the highest point of the building structure.
The aggregate area covered by all such features shall not exceed 20%
of the area of the roof of the building on which they are located.
One flagpole, used exclusively for the display of flags not exceeding
30 feet in height, is permitted.
G. Lot coverage. All buildings and structures, including
accessory buildings, shall cover not more than 35% of the lot area.
[Amended 6-27-2000 by L.L. No. 3-2000]
H. Parking requirements. All site plans will be subject to parking requirements under the Clarkson Zoning regulations, §
140-36.
I. Special requirements. In addition to the performance standards contained in §
140-35.2, the following shall apply:
(1)
Operations and facilities permitted in the L.H.O.
District shall be designed, constructed and enclosed so that there
will be no observable external evidence thereof, other than loading
and unloading functions which shall be fully screened from all adjacent
nonindustrial areas.
(2)
Screening, such as a soil berm, including natural
plantings. Fence-type screening for these purposes will not be permitted.
(3)
Architecturally, the building structure will
be designed to compliment the preexisting building structures adjacent
to the district.
[Added 8-18-1994 by L.L. No. 2-1994]
In conjunction with all site plan reviews concerning §§
140-35 and
140-35.1, the Planning Board will conduct a review of the performance standards listed below which limit 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 with 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. The applicant will be responsible for any and all fees necessary to complete the performance standard review, ie.: hired consultants, special measurement studies and specific scientific tests. When the use of a consultant or study is required by the Planning Board, the applicant shall deposit the sum of $2,500 to be applied to said fees. Any proceeds of such deposit not used for said fees shall be returned to the applicant and any deficiency shall be made up by the applicant within 15 days following a request by the Planning Board and in any event prior to the issuance of a building permit or certificate of occupancy. The continued effectiveness of the certificate of occupancy shall be conditioned on the continuous conformance of the applicant's completed building, installations and uses relative to the applicable performance standards.
A. Performance standards procedure.
(1)
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. During the course
of site plan review, the Planning Board and the Town Engineer shall
determine if the applicant's proposal falls within the performance
standards.
(2)
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. Their 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. Site Plan approval 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.
(3)
Upon adoption of the Performance Standards by the Town of Clarkson, such regulations will be strictly enforced relative to all new and existing uses under §§
140-35 and
140-35.1.
(4)
Enforcement of the performance standards will
be the responsibility of the Town Building Inspector. Potential violations
will be brought to the attention of the business owner(s) as well
as the building owner(s) and reported to the Town Planning Board,
including the Town Engineer and Town Attorney. A full performance
standards review based on the procedures outlined above will be required
to investigate the situation and take appropriate action to render
full compliance with the code.
(5)
All consulting reports, professional engineering
studies and any other such professional submissions to the Town must
be certified to the Town of Clarkson, including a vita on the writer.
B. Performance standards.
(1)
Fire and explosion hazards. All activities involving
and all storage of inflammable 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. Other
relevant provisions of state and local laws and regulations shall
also apply.
(2)
Vibration.
(a)
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 cps frequency, measured at or beyond the lot
lines using either seismic or electronic vibration measuring equipment.
(b)
Vibrations occurring at higher than 50 cps frequency
or a periodic vibration shall not induce accelerations exceeding .001g.
Single impulse periodic vibrations occurring at an average interval
greater than five minutes shall not induce accelerations exceeding
.01g.
(3)
Noise.
(a)
The maximum decibel levels radiated by any use
of facility at any lot line shall not exceed the values in the designated
octave bands given in Table I below. 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 Specification for an Octave Tank Filter
Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American
Standards Association, Inc., New York, New York, shall be used.)
Table I
|
---|
Frequency Band Cycles Per Second
|
Maximum Permitted Sound Pressure Level
(in Decibels)
|
---|
|
|
0 - 75
|
69
|
75 - 150
|
60
|
150 - 300
|
56
|
300 - 600
|
51
|
600 - 1,200
|
42
|
1,200 - 2,400
|
40
|
2,400 - 4,800
|
38
|
4,800 - 10,000
|
35
|
(b)
Where any use adjoins a residential 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.
(4)
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 Ringlemann Chart. (A "Ringlemann 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 capacity.
(5)
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, in 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.
(6)
Fly ash, dust fume, vapors, gases and 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 .10 the maximum allowable concentration set
forth in 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.
(7)
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 the current
regulations of the Federal Communications Commission regarding such
sources of electromagnetic radiation; except that, for all governmental
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 of the Interdepartment Radio Advisory Committee regulations
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 radiation, harmonic content, modulation
of energy conducted by power or telephone lines. The determination
of "abnormal degradation in performance" and of "of quality and proper
design" shall be made in accordance with good engineering practices,
as defined in the latest principles and standard 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 the interpretation of standards and principles shall
apply:
(a)
American Institute of Electrical Engineers;
(b)
Institute of Radio Engineers; and
(c)
Electronic Industries Association.
(8)
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.
(9)
Heat. For the purposes of this section, "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°
Fahrenheit, whether such change be in the air or on the ground, in
a natural stream or lake or in any structure on such adjacent property.
(10)
Glare.
(a)
Direct glare. "Direct glare" is defined for
the purpose of this section 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 with the exception that parking areas and walkways may be
illuminated by luminaries so heeded or shielded that the maximum angle
of the cone of direct illumination shall be 60° drawn perpendicular
to the ground. Such luminaries shall be placed not more than 16 feet
above ground level, and the maximum illumination at ground level shall
not be in excess of three footcandles.
(b)
Indirect glare. "Indirect glare" is defined
for the purpose of this section as illumination beyond property lines
caused by diffuse reflection from a surface such as a walk or roof
of a structure. Indirect glare produced by an illumination of a reflecting
surface shall not exceed the following values:
[1] Three tenths footcandles (maximum).
[2] One tenth footcandles (average).
(c)
Deliberately induced sky reflected glare, as
by casting a beam upward for advertising purposes, is specifically
prohibited.
(11)
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 or 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 Department of Health, Monroe County Pure Water
Agency and local ordinances. There shall be no accumulation of solid
wastes conducive to the breeding of rodents or insects.
(12)
Any other nuisance harmful to person or property
is prohibited.
(13)
Any other condition or criteria which may be
appropriate to the particular use or parcel.
The following regulations shall apply to all
commercial and industrial districts:
A. All construction and all new uses in each such district, or changes in use, shall be subject to site plan approval by the Planning Board in accordance with the procedures established in §
140-43, except that, if the applicant can prove to the Planning Board prior to application for the preliminary site plan approval that the change in use or overall facilities will not be significant, the Planning Board shall have the power to waive the necessity for further site plan review.
[Amended 8-11-1987 by L.L. No. 2-1987]
B. Size of lot. The minimum width of a lot shall be 200
feet, and the minimum area 40,000 square feet.
C. Setbacks. For all buildings, structures and parking
areas not abutting a major road, the minimum front setback shall be
70 feet, and the minimum rear and side setbacks shall be 30 feet,
except that, where a lot in any commercial or industrial district
abuts a lot in a residential district, the side and rear setback for
any business, commercial or industrial district on said abutting line
shall be at least 40 feet from the property line. A buffer area consisting
of embankments, trees, shrubs, plantings or fences shall be erected
along said property line as a condition of site plan approval by the
Planning Board.
[Amended 4-9-1985 by L.L. No. 2-1985]
D. Lot coverage. All buildings and structures, including
accessory buildings, shall cover not more than 25% of the lot area.
E. Building height limit. No building shall be erected
to a height in excess of 40 feet.
F. Off-street parking and loading.
(1) Off-street parking spaces for nonresidential buildings
and facilities shall be provided in accordance with the following
standards:
(a)
Retail stores. Parking will be provided to the
extent of three times the floor area devoted to sales, and in no case
shall less than five parking spaces be provided for each individual
store, exclusive of parking facilities for the employees of the store.
(b)
Offices. Medical and dental offices shall provide
one parking space for each 150 square feet of net floor area. All
other offices shall provide one parking space for each 200 square
feet of net floor area. "Net floor area" is defined as total floor
area of the building less permanent concourses, stairs and equipment
servicing the entire building.
[Amended 5-3-1993 by L.L. No. 1-1993]
(c)
Restaurants shall provide customer parking at
the rate of one space for each three seats of restaurant capacity,
plus one space for each employee working during the maximum employment
shift.
(d)
Hotels, motels and lodging houses shall provide
one space for each transient unit, plus one space for each employee
at maximum employment.
(e)
Any uses not falling into any of the above categories
shall still provide sufficient off-street parking to cover their peak
requirements. The exact figure will be established by the Planning
Board in its site plan review and will be based upon maximum employment
and visitation. In general, this will require one space for each two
employees, plus enough space for visitors. In the case of commercial
activities, one space for each 1.5 customers is adequate.
(2) Required off-street loading and unloading space.
(a)
On the same premises with every building or
structure or part thereof hereafter erected and occupied for the purpose
of business, trade or industry, there shall be provided and maintained
adequate space for loading and unloading of vehicles off the street.
Such space shall have access to a public street. Off-street loading
and unloading space shall be in addition to and not considered as
meeting a part of the requirements for off-street parking space. Off-street
loading and unloading space shall not be used or designed, intended
or constructed to be used in a manner to obstruct or interfere with
the free use of any street or adjoining property.
(b)
It shall be the applicant's responsibility to
demonstrate to the Planning Board the basis upon which the number
of such off-street loading and unloading spaces has been determined.
Repetitious queuing of vehicles for such purposes shall be prima facie
evidence of the inadequacy of such provision, and expansion shall
be required as a condition of retention of the certificate of occupancy.
(3) All parking and loading spaces provided, along with
their necessary driveways and passageways, shall be graded and drained
as necessary to dispose of all surface water accumulation within the
area and shall be surfaced with an asphaltic or portland cement binder
pavement so as to provide a durable and dustless surface. Plans for
such parking spaces are to be included with the plans for the construction
of buildings and other structures and are to be presented to the Zoning
Officer at the time application for zoning permits are to be filed.
Such parking areas are to be kept free of obstructions and unsightly
objects. Intersections of parking areas with sidewalks or street pavements
must be made in an approved manner.
[Amended 8-11-1987 by L.L. No. 2-1987]