In accordance with the recommendations and policies
in the Town Master Plan, this district is intended to provide in appropriate
locations for manufacturing, processing and assembly activities, as
well as wholesale and warehousing activities and related supportive
activities, which will not have any unreasonable adverse impacts on
surrounding land uses.
In a Light Industrial IG 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 designed to
be used, in whole or in part, for any purpose except the following:
A.
Permitted uses shall be as follows:
(1)
Business, professional and governmental offices.
(2)
Office buildings for business, professional and medical
use, such as attorneys, accountants, architects, engineers, dentists
and doctors, including all medical specialists, psychiatrists, psychologists,
therapists and chiropractors, banks, insurance agents and real estate
brokers.
B.
Conditional uses shall be permitted as follows, subject to approval by the Planning Board in accordance with Chapter 217, Article II, of these regulations, and subject to the specific requirements below and elsewhere in these regulations:
(1)
Manufacturing, processing and assembly activities,
provided that such activities are so designed, constructed and enclosed
that there will be no observable external evidences thereof other
than loading and unloading functions which shall be fully screened
from all adjacent residential areas, provided that such uses are subject
to the performance standards for this district.
(2)
Research, design and development laboratories, subject
to the performance standards in the TOP District.
(3)
Public utility structures.
(4)
Wholesale storage and warehousing, provided that such
uses shall be operated in fully enclosed structures or within an area
enclosed by a poled wall or fence.
(5)
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 fence.
(6)
Truck terminals, provided that such uses shall be
operated fully within enclosed structures or within an area enclosed
by solid wall or fence.
(7)
Wholesale and retail nurseries, including the sale
of related allied products.
(8)
Gasoline or filling stations, subject to the following
special requirements:
(a)
The minimum lot area shall be 15,000 square
feet and the minimum frontage shall be 100 feet for a gas station
without service bays, and the minimum lot area of 20,000 square feet
and the minimum frontage shall be 100 feet for a gas station with
service bays. No building or part thereof shall be erected nearer
than 60 feet to any street line nor 20 feet to any lot line.
(b)
Any gas station which is adjacent to a residential
district shall provide a suitable buffer between the gas station and
the residential district which consists of a fifteen-foot-wide landscaped
area with a four-foot-high masonry or wood wall and planting of material
of sufficient height to provide an effective screen, or a twenty-foot-wide
landscaped area with an earth mound with a minimum height of four
feet.
(c)
Entrance and exit driveways shall have an unrestricted
width of not less than 12 feet, nor more than 20 feet, shall be located
not nearer than 10 feet to any lot line and shall be so laid out as
to avoid the necessity of any vehicle backing into any public right-of-way.
(d)
Vehicle lifts or pits, dismantled automobiles,
all parts or supplies, goods, materials, refuse, garbage and debris
shall be located within a building enclosed on all sides.
(e)
All services or repair of motor vehicles shall
be conducted in a building enclosed on all sides. This requirement
shall not be construed to mean that the door to any repair shop must
be kept closed at all times.
(f)
Gasoline or flammable liquids in bulk shall
be stored fully underground, not nearer than 10 feet to any street
line nor 35 feet to any lot line.
(g)
No gasoline pumps shall be located nearer than
20 feet from any street line or lot line.
(h)
No building permit shall be issued for any such
establishment within a distance of 200 feet of any school, church,
hospital or other place of public assembly designed for occupancy
by more than 50 persons, the said distance to be measured in a straight
line between the nearest points of each of the lots or premises, regardless
of the distance where either premises are located.
(i)
No gasoline or filling station or any commercial
sale of gasoline shall be permitted to be established on any lot within
a distance of 1,000 feet of any existing gasoline or filling station,
nor any lot for which a building permit has been issued for the erection
of such a station.
(j)
The gasoline or filling station must be occupied
and operative within 60 days after completion of construction.
(k)
The dispensing of gasoline and other flammable
liquids to the public shall be governed by the following additional
requirements:
[1]
Dispensing shall be under supervision of a regular
attendant whose primary function shall be to supervise, observe and
control the dispensing of the flammable liquids. Such regular attendant
shall not be less than 16 years of age, physically and mentally competent
to act in an emergency and shall be fully instructed regarding safety
precautions and the approved standards of safety in the handling of
gasoline and other flammable liquids.
[2]
When the dispensing of flammable liquids is
done by a person other than the regular attendant, the dispensing
device nozzle shall be an Underwriters Laboratories, Inc., listed
automatic-closing type without a hold-open latch. Emergency controls
shall be installed at a location acceptable to the Building Inspector
and Fire Marshal, but not over 100 feet from the dispensing device.
Instructions for the operation of dispensers shall be conspicuously
posted on the dispensing device.
(9)
Child and adult day-care centers, provided that the
Planning Board has made findings that such centers are compatible
with the surrounding existing uses and known proposed development
and that the centers shall be suitably screened by landscaping and
buffering from adjacent uses and that the location of these centers
are consistent with health, safety and welfare of the occupants of
these centers and that issues such as traffic, noise, and other adverse
impacts have been properly mitigated.
(10)
Construction and building contractors.
[Added 11-25-2008 by L.L. No. 6-2008]
C.
Accessory uses shall be as follows:
(1)
Clinics, cafeterias and recreational facilities for
the exclusive use of employees of the principal use. Any recreational
facilities that are exterior to buildings shall be used only between
the time of sunrise and sunset and shall not be lighted. No such exterior
recreational facility shall be closer than 100 feet to any boundary
of any residential district.
(2)
Garages, pump houses, water towers, storage tanks
for other liquid materials and fire protection monitors.
(3)
Fully enclosed warehouse and storage facilities.
(4)
Gas pumps associated with truck terminals, provided
that they are for the exclusive use of the truck terminal and not
for sale to the general public.
(5)
Any outdoor storage of equipment and/or material must
be in the rear yard and fully enclosed by a fence of sufficient height
to shield the storage area from view from the street or adjacent uses.
No outdoor storage shall be allowed in any setback or landscaped areas.
All equipment which is designed to lift, dump or tow, must be reduced
to the lowest possible elevation, if they are stored outdoors overnight.
No outside storage shall be allowed adjacent to residential districts.
D.
Prohibited uses. The following uses are prohibited:
(1)
Residences.
(2)
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 pollution; heat,
cold, dampness, electromagnetic or other disturbances; glare; liquid
or solid refuse or waste; or any other substance, condition or element,
in such manner or in such amount as to, in the opinion of the Planning
Board, adversely affect the use of the surrounding area or adjoining
premises.
All changes of use or expansion of permitted
uses within this district must apply for a certificate of compliance
from the Building Inspector or designee. This administrative review
shall determine if all the requirements of these regulations are met
for the new or expanded use. The Building Inspector or designee shall
have the right to any additional information necessary to make his
determination. The Building Inspector or designee is authorized to
grant a certificate of compliance only for those applications which
meet all the requirements of these regulations and when any previous
Town conditions, if applicable, have been met. A report of all certificates
of compliance applications and the outcome of the administrative review
shall be routinely given to the Planning Board.
[Amended 4-13-2005 by L.L. No. 4-2005]
[Added 7-23-1997 by L.L. No. 5-1997]
All proposed development shall be referred to
the Architectural Review Board for an advisory report prior to the
issuance of the building permit. This review should include an analysis
of all facades, exterior building materials and signage.
All proposed development which has a direct
impact on open space, buffers, linkages or landscaping shall be referred
to the Conservation Board for an advisory report prior to final site
plan approval by the Planning Board.
A.
The entire lot, except for areas covered by buildings
or surfaced as parking or service areas, shall be suitably landscaped.
All landscaping shall be properly maintained throughout the life of
any use on said lot. Existing retaining walls, trees or landscaping
located within 20 feet of any street or lot line shall not be removed
except upon written approval by the Planning Board nor shall the existing
grade be disturbed except with such approval.
B.
When the lot lines of an industrial use are adjacent
to a residential district or abut any portion of a residential district,
the Planning Board shall require suitable landscaping to conceal the
industrial use from view of the residential district. Generally, such
screening shall be eight feet in height and, if composed of plants,
shall not be less than three feet in height, but capable of reaching
eight feet in height at maturity.
C.
All conditional uses and accessory uses and equipment,
materials or activities shall be confined within completely enclosed
buildings or within an area enclosed by a solid wall or fence, with
the exception of off-street parking spaces, off-street loading berths
and employee recreation facilities.
D.
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 and shall be located underground.
In the cases where enclosed or underground storage is prohibited by
law, such tanks shall be adequately screened.
A.
General requirements.
(1)
Planning Board action. All uses subject to the requirements
of this section may be established and maintained if their 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 these applicable performance standards or any
additional performance standards required by state or federal laws
or which are generally recognized performance standards for a given
industry.
(2)
Uses subject to the performance standards procedure.
Only manufacturing and research, experimental and testing laboratory
uses and uses accessory thereto shall be subject to the performance
standards procedure in obtaining a building permit. However, if the
Building Inspector has reasonable grounds to believe that any other
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.
(3)
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 these regulations. Provisions for enforcement of continued compliance
with performance standards shall be invoked by the Building Inspector
against any uses if there is reasonable grounds to believe that the
performance standards are being violated by such use.
B.
Performance standards procedures.
(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 the 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 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 will determine if the applicant's
proposal falls within the performance standards.
(2)
Expert consultants.
(a)
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,
and a copy of his report shall be promptly furnished to the applicant.
The cost of any such special reports by expert consultants shall be
paid by the applicant. The applicant shall submit to the Planning
Board 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 fee for services of such expert 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.
(b)
When the use of such consultant is required
by the Planning Board, the applicant shall deposit the sum of $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.
The continued effectiveness of the certificate of occupancy shall
be conditioned on the continuous conformance of the applicant's completed
buildings, installations and uses with the applicable performance
standards.
C.
Performance standard regulations.
(1)
Fire and explosive hazards. All activities involving,
and all storage of, flammable and explosive materials shall be protected
at all times with adequate safety devices against the hazard of fire
and explosion and adequate fire-fighting and fire-suppression equipment
and devices standard in industry. Burning of waste materials in open
fires is prohibited at any time. The 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 vibrations produced exceed
0.002g peak at up to a frequency of 50 cycles per second, measured
at or beyond the lot lines using either seismic or electronic vibration-measuring
equipment.
(b)
Vibrations occurring at higher than a frequency
of 50 cycles per second 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.
(3)
Noise.
(a)
The maximum decibel level radiated by any use
or facility at any lot line shall not exceed the values in the designated
octave bands given in Table I. 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 Specifications for an Octave - Bank Filter Set for the Analysis
of Noise and Other Sounds, Z24.10-1953, American Standards Association,
Inc., New York, New York, shall be used.)
|
Frequency Band
(cycles per second)
|
Maximum Permitted
Sound-Pressure Level
(decibels)
|
|---|---|
|
0 to 75
|
69
|
|
75 to 150
|
60
|
|
150 to 300
|
56
|
|
300 to 600
|
51
|
|
600 to 1,200
|
42
|
|
1,200 to 2,400
|
40
|
|
2,400 to 4,800
|
38
|
|
4,800 to 10,000
|
35
|
(b)
Where any use adjoins a residential district
at any point at the district boundary, 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 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 a different color but with an apparent equivalent
capacity.
(5)
Odor. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air emitted to four volumes of clean air. Any process which 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, the Air Pollution Abatement Manual, Copyright 1959, by the Manufacturing Chemical Association, Inc., Washington, D.C., as said manual and/or table is subsequently amended.
(6)
Fly ash, dust, fumes, 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 one-tenth (0.1) the maximum 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.
(7)
Electromagnetic radiation. It shall be unlawful to
operate, or cause to be operated, any planned or intentional source
of electromagnetic radiation which does 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 or the Interdepartment Radio Advisory Committee regulation
shall be unlawful if such radiation causes an 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 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 interpretation of the standards and principles shall apply: American
Institute of Electrical Engineers; Institute of Radio Engineers; and
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 such 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 Nuclear Regulatory Commission, as set forth in Title 10, Chapter 1, Part 20, as amended, and all applicable regulations of the State of New York.
(9)
Heat. Heat emitted at any or all points shall not
at any time cause a temperature increase on any adjacent property
in excess of five degrees Fahrenheit, 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.
(10)
Glare.
(a)
Direct glare. No such direct glare shall be
permitted, with the exception that parking areas and walkways may
be illuminated by luminaries so hooded or shielded that the maximum
angle of the cone of direct illumination shall be 60º drawn perpendicular
to the ground, and with the exception that such angle may be increased
to 90º if the luminary is less than four feet above ground.
(b)
Indirect glare. Indirect glare shall not exceed
that value which is produced by an illumination of the reflecting
surface, not to exceed 0.3 footcandle (maximum) and 0.1 footcandle
(average). Deliberately induced sky-reflected glare, as by casting
a beam upward for advertising purposes, is specifically prohibited.
(11)
Liquid or solid waste. No discharge shall be
permitted at any point into a public sewer or stream or into the ground
except in accord with standards approved by the State and County Departments
of Health, Monroe County Pure Waters Agency and local ordinances,
of any materials of such nature or temperature as can contaminate
any water supply or otherwise cause the emission of dangerous or offensive
elements. There shall be no accumulation of solid wastes conducive
to the breeding of rodents or insects.
