A.
The intent of this article is to provide areas for
manufacturing, processing, warehousing and other uses which generally
involve truck traffic, noise and extensive outdoor storage/usage of
the premises. These areas are typically located a distance from residential
areas and are separated from residential areas by large expanses of
retail/office use.
B.
A site plan shall be submitted for review by the Planning
Board for all developments and for additions in excess of 500 square
feet or change of use in all districts covered by this article.
The M1 Light Manufacturing District shall be
regulated as follows:
A.
Permitted uses.
(1)
Principal uses or structures.
(a)
The following uses when conducted within a completely
enclosed building:
[1]
Laboratory engaged in research, testing or experimental
work, provided that all necessary safeguards are employed to prevent
hazard or annoyance to the community.
[2]
The manufacture, compounding, assembling or
treatment of articles or merchandise from previously prepared materials,
but not including any use first permitted in the M2 District.
[3]
Public utility storage building or service building.
[4]
Bottling of beverages.
[5]
Food processing or packaging.
[6]
Processing or treatment of metal and metal products.
[7]
Warehouse.
[8]
Office building for general use, 5,000 square
feet minimum.
[9]
Medical facility for the purpose of fabricating
prosthetics, such as dentures and limbs, with a gross floor area exceeding
3,000 square feet.
(2)
Accessory structures and uses. The following uses
when conducted within a completely enclosed building:
(a)
Uses and structures customarily incidental to
the above.
(b)
Storage of raw materials used in production
and finished products.
(c)
Retail sale of products manufactured, compounded
or assembled on the premises, occupying not more than 15% of the gross
floor area of the principal structure.
(d)
Signs as permitted and regulated by this chapter.
(e)
Accessory garage for the maintenance of motor
vehicles and equipment utilized by the principal use, provided that:
B.
C.
Maximum height. Unless otherwise provided, the maximum
permitted height shall be 50 feet.
The M2 General Manufacturing District shall
be regulated as follows:
A.
Permitted uses.
(1)
Principal uses.
(a)
Any use permitted in the M1 District, without
the requirement of being conducted within a completely enclosed building.
(b)
Railroad car classification yard or freight
depot.
(c)
Cement products manufacture and/or concrete
mixing plant.
(d)
Building contractors storage yard for equipment
and/or materials.
(e)
Lumberyard or coal yard.
(f)
Open storage yards not otherwise limited in
this section.
(g)
Truck terminal.
(h)
Adult uses (includes the following: adult bookstore,
adult cabaret, adult entertainment establishment, adult motion-picture
theater, massage establishment and steam bath establishment).
[1]
Purpose. It is recognized that buildings and
establishments operated as adult uses have serious objectionable operational
characteristics. In order to promote the health, safety and general
welfare of the residents of the Town of Cheektowaga, this subsection
is intended to restrict adult uses to nonresidential, nonbusiness
and noncommercial areas of the Town of Cheektowaga and otherwise regulate
their operation. Moreover, in light of the fact that the operational
characteristics of adult uses increase the detrimental impact on a
community when such uses are concentrated, this subsection is intended
to promote the health, safety and general welfare of the residents
of the Town of Cheektowaga by regulating the concentration of such
uses and to lessen the following possible secondary effects attributable
to such uses: the creation of traffic and/or parking problems, loitering
due to the attraction of transients, increases in criminal activities,
the loss of business to nearby non-adult commercial establishments,
deterioration within residential neighborhoods and decreased property
values.
[2]
ADULT BOOKSTORE
[a]
[b]
[c]
[d]
ADULT CABARET
ADULT ENTERTAINMENT ESTABLISHMENT
ADULT MOTION-PICTURE THEATER
BUSINESS
DISSEMINATION
MASSAGE ESTABLISHMENT
PERSON
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
STEAM BATH ESTABLISHMENT
SUBSTANTIAL CONNECTION
[a]
[b]
[c]
[d]
Definitions. As used in this subsection, the
following terms shall have the meanings indicated:
An establishment or business, whether retail or wholesale,
having as a substantial or significant portion of its stock-in-trade
books, magazines and other periodicals, films and viewing materials
for sale or viewing on premises, by use of motion-picture devices
or any coin-operated means, which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, or an establishment
or business having a substantial area devoted to the sale and display
of such material. For purposes of this definition, "substantial or
significant portion" or "substantial area" shall mean 25% or more
of any of the following:
The number of different titles or kinds of such
merchandise.
The number of copies or pieces of such merchandise.
The amount of floor space devoted to the sale
and display of such merchandise.
The amount of advertising which is devoted to
such merchandise, either in print or otherwise promoted via the broadcast
media.
A business enterprise which serves food or beverages for
consumption on the premises, with or without carry-out service, which
features entertainers or waiters and/or waitresses who display any
specified anatomical area or who depict, describe or simulate specified
sexual activities.
Any business enterprise which is other than an adult bookstore,
adult motion-picture theater, adult cabaret, massage establishment
or steam bath establishment and which has presentations characterized
by emphasis on the description or depiction of specified anatomical
areas or specified sexual activities during live shows, motion-picture
films, sound recordings or other audio/visual medium presented to
an audience of one or more individuals. Also included in this definition
is any business enterprise, other than a bona fide medical or health
service establishment, requiring a client or customer to display any
specified anatomical area.
An enclosed or unenclosed building or structure or portion
of a building or structure used for presenting materials having as
a dominant theme material distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas for observation by patrons therein.
Any commercial enterprise, association or arrangement for
profit.
The transfer of possession, custody, control or ownership
of, or the exhibition or presentation of any performance, to a customer,
member of the public or business invitee, of any material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas.
Any establishment having a fixed place of business where
massages, body rubs, sports rubs, hot oil body rubs or similar services
are administered. This definition shall not be construed to include
a hospital, bona fide medical or health establishment, nursing home
or medical clinic or the office of a physician, surgeon, chiropractor,
osteopath, duly licensed physical therapist, licensed massage therapist
or barbershops, beauty shops and beauty salons in which massages are
administered only to the scalp, face, neck or shoulders.
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
Any establishment which provides steam baths, hot tubs (whirlpools),
saunas and similar facilities. This definition shall not be construed
to include health clubs which have facilities for physical exercise,
such as tennis courts, racquetball courts or exercise rooms, and which
have hot tubs (whirlpools), steam baths and/or saunas that are accessory
to the health club or those bona fide medical or health service establishments
which have as an accessory use steam baths, hot tubs (whirlpools)
or saunas for use in medical therapy.
In a sole proprietorship, an individual who
owns, operates, controls or conducts, directly or indirectly, any
premises, building or location upon which any adult use takes place.
In a partnership, limited or general, an individual
who shares in any potential profits or losses of the business or who
shares in the ownership of any of the assets of the partnership business.
In a corporation, an individual who is an officer,
director or a holder, either directly, indirectly or beneficially,
of more than 20% of any class of stock.
Any person who furnishes more than 20% of the
capital financing or assets of such business, whether in cash, goods
or services.
[3]
Restrictions affecting adult uses. In addition
to the requirements of this chapter and the Code of the Town of Cheektowaga,
adult uses shall permitted subject to the following restrictions:
[Amended 12-27-2007 by L.L. No. 9-2007]
[a]
No adult use shall be permitted
within 1,500 feet of another existing adult use.
[b]
No adult use shall be located within
1,500 feet of the boundaries of any zoning district which is zoned
for residential use (including senior housing, condominiums and assisted-living/nursing
homes).
[c]
No adult use shall be located within
1,500 feet of a preexisting school or place of worship, day-care
center, park or playground, restaurant within door/outdoor seating,
hotel, motel, theater, or amusement/recreational enterprise (private
or open to the public).
[d]
No adult use shall be located in
any zoning district except those districts zoned for general manufacturing
use (M2). No more than one of the uses governed by these provisions
shall be permitted on any single lot in the Town of Cheektowaga.
[4]
Registration.
[a]
No person, firm, corporation or
other entity shall lease, rent, maintain, operate, use or allow to
be operated or used any business or establishment, any part of which
contains an adult use, without first complying with the provisions
of this section as set forth below.
[b]
In addition to any and all other
necessary licenses and permits, no form of adult use shall be allowed
to operate, or be allowed to continue to operate, until a certificate
of registration is filed with the Clerk of the Town of Cheektowaga
containing:
[i]
The address of the premises.
[ii]
The name and address of the owner(s)
of the premises and the name and address of the beneficial owner(s),
if the property is in a land trust.
[iii]
The name of the business or the
establishment subject to the provisions of this subsection.
[iv]
The names, business and home address,
business or home phone numbers of all owners of the business or establishment
subject to the provisions of this subsection.
[v]
The names, business and home addresses,
business or home phone numbers of all those persons having a substantial
connection with the business or establishment subject to the provisions
of this subsection.
[vi]
The date of the initiation of
the adult use.
[vii]
The exact nature of the adult
use.
[viii]
If the premises or the building
in which the business containing the adult use is located is leased,
a copy of the lease.
[c]
If there occurs any change in the
information required for the certification of registration, the Clerk
of the Town of Cheektowaga shall be notified of such change and a
new or amended certificate filed within 30 days of such change.
[d]
The processing fee for each such
certificate of registration or amendment thereto shall be $50.
[e]
No certificate of registration
issued under the provisions of this subsection shall be transferable
to any person other than the registrant, nor shall a certificate of
registration be transferable for use at any premises, building or
location other than stated in the certificate of registration.
[f]
The owner, manager or agent of
any adult use shall cause a copy of the certificate or registration
issued under the provisions of this subsection to be prominently displayed
on the premises, building or location for which it is issued.
[g]
Any knowingly false statement,
or any statement which the registrant or applicant should reasonably
have known to be false, which is provided in the certificate of registration
or any document or information supplied therewith shall be grounds
for rejection, suspension or revocation of the certificate of registration.
[h]
It is a violation of this subsection
for the owner or person in control of any property to establish or
operate thereon or to permit any person to establish or operate an
adult use without having in force a certificate of registration complying
with this subsection.
[5]
Prohibition regarding public observation. No
adult use shall be conducted in any manner that permits the observation
of any material depicting, describing or relating to specified sexual
activities or specified anatomical areas from any public way or from
any property not registered as an adult use. This provision shall
apply to any display, decoration, sign, show window, screen or other
opening.
[6]
Amortization. In all districts except as provided
in this subsection, any adult use shall terminate not later than one
year after the effective date of this subsection, and thereafter,
the space or premises or building formerly occupied by such use shall
be used only for a conforming use.
[7]
If any part or provision of this section or
the application thereof to any persons or circumstances shall be adjudged
invalid, such judgment shall be confined to the part or application
adjudged to be invalid. Such decision shall not affect the validity
of the section as a whole or any part thereof other than the part
so decided to be invalid.
(i)
After receiving a special permit from the Town Board (see § 260-47):
[1]
Bulk storage of petroleum and petroleum products
in underground tanks.
[2]
Processing or treatment of bituminous products.
[3]
Solid waste transfer station, as those terms
are defined in the Environmental Conservation Law of the State of
New York and in the rules and regulations adopted and promulgated
by the State Department of Environmental Conservation, provided that
satisfactory proof is presented to the Town Board of compliance with
any and all requirements of Article 27 of the Environmental Conservation
Law of the State of New York relating to the collection, treatment
and disposal of refuse and solid waste. Solid waste shall not include
regulated medical waste or hazardous waste.
[4]
Other industrial processes: blending, mixing
and packaging of disinfectants, insecticides, fungicides, ink, soap,
detergents, and related household and industrial chemical compounds,
but excluding the preparation of any primary acids or other primary
chemicals.
[5]
Compressed natural gas (CNG) filling station as a principal
use or as accessory to a permitted use in the M2 General Manufacturing
District, subject to the following limitations:
[Added 2-19-2014 by L.L. No. 1-2014]
[a]
All installations shall be consistent with the
latest National Fire Protection Association (NFPA) standards for compressed
natural gas facilities.
[c]
Storage vessels may not exceed a cumulative volume
of 70,000 standard cubic feet per minute (SCFM) for an initial installation.
Additional volume may be considered by the Town Board upon the filing
of a second special permit application for a facility expansion if
the applicant can show that demand warrants additional volume and
that firesafety considerations will not be compromised.
[d]
Appurtenances that support a CNG filling station,
including but not limited to the compressor, dryer and storage vessels,
must be a minimum of 50 feet from the fueling island and shall not
be permitted in any required yard.
[e]
The compressor, dryer and storage vessels must
be constructed in a permanent fashion and placed on a concrete pad.
Mobile installations shall not be permitted.
[f]
The compressor, dryer and storage vessel area shall
be screened from public view and shall include at minimum the following
design components:
[i]
A black chain-link fence with black PVC slatting. The fence shall be of sufficient height to provide a security barrier and hide the ancillary equipment. All components of the fence shall be black in color or have a black vinyl coating. Such fencing may also contain a security topping. The limitations on security topping listed in § 260-59F(3)(a) shall not be applicable.
[ii]
Vehicle impact protection shall be required around
the perimeter of the compressor/dryer and the storage vessel area,
utilizing vehicle impact bollards. The use of precast Jersey barriers
shall not be permitted. Poured-in-place concrete barriers/extended
barrier curbing may be utilized if part of an integral design for
the ancillary storage area.
[iii]
In lieu of a fence screen, a noncombustible building
meeting the minimum requirements of the NFPA may be constructed to
screen the ancillary equipment/storage vessel area.
[6]
Biomass energy conversion facility: a facility which processes
food waste and/or plant material into renewable energy.
[Added 2-19-2014 by L.L. No. 1-2014]
(2)
Accessory uses.
(a)
Accessory uses permitted in the M1 District.
(b)
Signs as permitted and regulated by this chapter.
(c)
Retail sale of products manufactured, compounded
or assembled on the premises, occupying not more than 15% of the gross
floor area of the principal structure.
(d)
Other customary accessory uses.
(e)
Crushing concrete as an accessory use to a contractor's storage
yard for equipment and materials, providing the following conditions
are met:
[Added 2-19-2014 by L.L. No. 1-2014]
[1]
The height of the piles of material will not exceed 25 feet
off of existing grade.
[2]
The crushing operations will be done only during the period
of October 1 through March 31.
[3]
The crushing unit and operation will meet all requirements of
the New York State Department of Environmental Conservation and the
EPA.
[4]
The crushing unit will be located at least 50 feet from any
property line.
[5]
Concrete, crushed and uncrushed, shall be at least 25 feet from
any property line.
[6]
Hours of operation will be normal business hours of 8:30 a.m.
to 5:00 p.m., Monday through Friday only.
C.
Required open space. Unless otherwise provided, the
minimum required open spaces shall be as specified in this section.
(1)
Front yard: 50 feet.
(5)
Interior minimum building separation: 30 feet.
(6)
Maximum lot coverage, as uses and requirements of
yard, off-street parking, loading/stacking areas, and landscaping.
(7)
Access. Buildings and land shall either abut a dedicated
street or can be arranged in groups or cluster so that groups or clusters
abut a dedicated street for the required lot width provided.
(a)
Each building is accessible by means of a private
drive for service and emergency vehicles.
(b)
The standards of design and construction for
private streets meet applicable Town specifications for public streets
unless modified by the approved site plan.
(c)
The location, design and construction of all
utilities meet all applicable specifications and are adequate to serve
the needs of the group or cluster.
(d)
The procedures for the preservation and maintenance
of all private streets and pedestrian ways comply with all applicable
laws.
D.
Maximum height of structures. The maximum height of
a structure shall be 65 feet.
A.
Permitted uses in the Aggregates District shall be
limited to the excavation or quarrying of aggregates and the treating
and processing of such aggregates, as hereinafter described.
(2)
Accessory uses.
(a)
Office or storage buildings for personnel and
equipment associated with the quarrying, excavation or processing.
(b)
Stone crushing, screening or washing of aggregates
mined on the premises.
(c)
Storage of trucks and other machinery associated
with the mining, processing and transportation of the aggregates,
but in such a manner as to be completely screened from view from adjacent
streets.
(d)
Signs, as permitted and regulated by this chapter.
B.
Required open space. No structure, use or excavation
shall be closer than 200 feet from a public right-of-way or adjacent
property line.
E.
Maximum height of structures. The maximum height of
a structure shall be 65 feet.
