City of Hornell, NY Article V Industrial District Regulations

§ 315-20 Purpose.

Industrial districts and their regulations are established herein to achieve, among others, the following purposes:

A. To provide, in appropriate and convenient locations, zoning districts of sufficient size for carrying on research, for providing commercial services, for manufacturing and for distributing goods to promote employment and strengthen the economy.

B. To provide I-1 Light Industrial Districts in appropriate and convenient areas for office uses, laboratories, limited production, distribution operations and general services.

C. To provide I-2 Heavy Industrial District for those products and processes which normally require a large amount of motor vehicle trucking for the transportation of raw materials and finished products but in which dust, smoke, fumes, glare, odors or other objectionable influences can be controlled.

D. To improve the general environment by prohibiting dwellings, institutions and public facilities in industrial districts and, by so doing, making land more readily accessible for industry.

E. To protect adjacent residential districts by restricting the types of industrial uses in the surrounding areas to only those not creating objectionable influences beyond their district boundaries and by separating and insulating them from the most intense industrial activities.

F. To protect industrial and related development against congestion insofar as is possible and appropriate in each area by limiting the bulk of buildings in relation to the land and by providing off-street parking and loading facilities.

G. To promote the most desirable land use and traffic patterns in accordance with the goals and objectives of this chapter.

§ 315-21 Designation of Industrial Districts; permitted uses.

Industrial districts shall be designated as I-1 and I-2.

A. I-1 Light Industrial District. Buildings and land in I-1 Light Industrial Districts shall be used and buildings shall be erected, altered and moved only for the uses set forth as permitted in the following regulations and which meet all performances standards set forth in this Code.

(1) Principal buildings and uses. Principal uses shall be as follows: industrial use, hospital, animal hospital, bar/nightclub, bus station, car wash, service station, government use, greenhouses, kennel, office, repair shop, research laboratory, storage garage or yard, trucking terminal, adult entertainment and tattooing, both of which shall be subject to the supplemental requirements of this Code, warehousing and warehouse centers.

[Amended 4-22-2013 by L.L. No. 3-2013]

(2) Permitted accessory uses.

(a) Any accessory use, such as the storage of materials and products and processes, which is clearly incidental to the permitted main use in an I-1 Light Industrial District shall be permitted, provided that such use has no injurious effect on adjoining zoning lots and off-street parking and loading facilities are provided in accordance with the off-street parking and loading regulations of this chapter.

(b) Signs and fences consistent with the supplemental regulations of this code.

B. I-2 Heavy Industrial District. Building and land in I-2 Heavy Industrial Districts shall be used and buildings shall be erected, altered and moved only for the uses set forth as permitted in the following regulations and which meet all performances standards set forth in this code.

(1) Principal buildings and uses. Principal buildings and uses shall be as follows: industrial uses, bulk fuel depot, government use, repair shop, research laboratory, storage yard, towers, trucking terminal, adult entertainment and indoor cannabis growth/production facilities.

[Amended 12-18-2023]

(2) Permitted accessory uses.

(a) Any accessory use, such as the storage of materials and products and processes, which is clearly incidental to the permitted main use in an I-2 Heavy Industrial District shall be permitted, provided that such use has no injurious effect on adjoining zoning lots and off-street parking and loading facilities are provided in accordance with the off-street parking of this chapter.

(b) Signs and fences consistent with the supplemental regulations of this Code.

§ 315-22 Area, yard and height regulations.

Land and buildings in industrial districts shall be used and buildings shall be erected, altered and moved only in accordance with the following schedule and regulations.[1]

A. Front yards. The front yard depth for buildings and uses shall not be less than as set forth in Schedule III of this chapter.[2] Whenever off-street parking areas are proposed in front yards, a front yard depth greater than as shown in Schedule III may be required. If off-street parking is located in a front yard, a concrete curb or precast barrier shall be erected along the off-street parking area no closer than five feet to the public right-of-way line, and it shall be landscaped and maintained attractively. No storage of material or equipment shall be permitted in front yards.

[2] Editor's Note: See Schedule III, Industrial Districts Yard Regulations, at the end of this chapter.

B. Screening and landscaping. Whenever a building is located on a zoning lot which adjoins a residential district, side and rear yards not less than as set forth in Schedule III of this chapter[3] shall be provided and maintained and a wall or fence not less than five feet from the industrial district boundary line may be required to shield adjacent residential areas from parking lot illumination, headlight, fumes, heat, light and dust and to reduce the visual encroachment of industrial buildings, uses, signs and activity. The area between said wall or fence and the zoning lot line shall be treated with plantings to form a permanent landscaping area.

[3] Editor's Note: See Schedule III, Industrial Districts Yard Regulations, at the end of this chapter.

C. Land coverage. The land area occupied by main and accessory buildings shall not exceed 40% of the total area of a zoning lot in an I-1 Light Industrial District and 50% of the total area of a zoning lot in an I-2 Heavy Industrial District.

D. Height regulations. Main and accessory buildings in any industrial district may be erected to a height not exceeding the width of the side or rear yard adjoining any residential district, but in no case to a height exceeding 50 feet. Chimneys, spires, cupolas, domes, towers, flagpoles, water tanks, radio or television antennas, monuments and other mechanical appurtenances located upon or constituting an integral part of a main building shall not exceed a height of 100 feet above the finished grade.

[1] Editor's Note: See Schedule III, Industrial Districts Yard Regulations, at the end of this chapter.

§ 315-23 Parking and loading.

Off-street parking and loading facilities in any industrial district shall be provided in accordance with the off-street parking and loading regulations for business uses set forth in this chapter, except that all industrial uses shall provide at least one off-street parking space per employee during the largest shift as well as one off-street parking space for every company vehicle normally left on the premises.

§ 315-24 Performance standards.

Any use established in any industrial district after the effective date of this chapter or any amendment thereto shall comply with the following performance standards as a precedent to occupancy and use. Any use already established in such districts shall not be altered, added to or otherwise modified so as to conflict with or further conflict with the performance standards as a precedence to further occupancy and use. Statements may be required by the Board from the owner that such uses comply or will comply with the performance standards. In cases of doubt, the city may select and arrange for an independent study by a professional engineer qualified in the particular field in question, and the costs for such study shall be paid by the owner.

A. Enclosure. All permitted main and accessory uses and operations, except off-street parking and loading, shall be performed wholly within the limits of the zoning lot not required for front, side or rear yards. All raw materials, finished products, mobile and other equipment shall be stored within the same limits.

B. Fire and explosive hazards. The storage, handling and use of flammable or explosive materials shall be permitted only in structures having noncombustible exterior walls, and all operations in connection therewith shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate fire-fighting and suppression equipment and devices standard to the operation involved.

C. Dust and smoke. The emission of smoke, soot, fly ash, fumes, dust and other types of air pollution borne by the wind shall be controlled so that the rate of emission and quantity deposited in any other district shall not be detrimental to or endanger the public health, safety, comfort or welfare.

D. Odorous matter. The emission of odorous matter in such quantities as to produce a public nuisance or hazard beyond the zoning lot occupied by the use shall not be permitted.

E. Toxic or noxious matter. The emission of toxic, noxious or corrosive fumes or gases which would be demonstrably injurious to property, vegetation, animals or human health at or beyond the zoning lot occupied by the use shall not be permitted.

F. Noise. The sound-pressure level of any operation on a lot, other than the operation of auto-calls, bells, motor vehicles, sirens or whistles, shall not exceed the average intensity of the street traffic noise at the nearest residential district, and no sound shall be objectionable due to intermittence, beat, frequency or shrillness.

G. Vibration. Vibrations which would be perceptible without the aid of instruments shall not be permitted beyond the zoning lot occupied by the use.

H. Radioactive or electrical disturbances. Radioactive or electrical disturbances which would adversely affect any form of life or equipment at or beyond the zoning lot occupied by the use shall not be created.

I. Waste materials. Liquid wastes shall not be discharged into an open drainagecourse, stream or other open body of water or a sewer unless treated or controlled so that the amount of solid substances, oils, grease, acids, alkalines and other chemicals shall not exceed the amount permitted by other codes of this state, county or city.