Ballston Town City Zoning Code
ARTICLE X
Light Industrial District Regulations
§ 138-33 Uses permitted.
All uses permitted, specifically not permitted and all uses requiring a special use permit are listed on the Uses, Area, Frontage and Setback Requirements for the Light Industrial District Table located at the end of this chapter.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
§ 138-34 Area requirements.
All area requirements for each use are so indicated on the Uses, Area, Frontage and Setback Requirements for the Light Industrial District Table located at the end of this chapter.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
§ 138-35 Purpose and intent.
The Light Industrial District is that portion of the Town which has been utilized by, and set aside for, uses that involve production, light manufacturing, processing, assembly, wholesale warehouses, storage facilities, equipment maintenance, distribution or fabrication (activities) facilities and research and development and is an area where pedestrians are few and where uses are set back far from the frontage roads with natural buffering. This district is addressed in the Comprehensive Plan where it is noted that the district should also allow for a mixture of uses compatible with industrial uses especially in the gateway areas of this district. 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 Ballston.
§ 138-36 Existing uses.
Upon the amendment of this section to change from Industrial to Light. Industrial, existing heavy industrial uses and facilities shall be designated as "preexisting nonconforming." Nonconforming facilities or uses will be prohibited from expanding operations except upon application to the Town Planning Board and upon granting by said Board of a special use permit.
§ 138-37 Adult-oriented businesses or adult use businesses.
Adult-oriented businesses (also referred to as "adult use businesses") are authorized in the Light Industrial District of the Town of Ballston as a permitted use and shall be regulated and governed by this section.
A.
Legislative intent and findings of fact.
(1)
Background. The Town Board of the Town of Ballston has become aware of serious and substantial interests in the establishment of adult-oriented businesses in the Town of Ballston and has noted an increase in the number of neighboring communities enacting legislation seeking to regulate the establishment of adult-oriented businesses. Concern over the potential adverse secondary effects associated with adult-oriented businesses led the Town Board of the Town of Ballston to enact a ninety-day moratorium, effective February 5, 1999, which ninety-day moratorium was subsequently extended through April 1, 2000. During the moratorium period, the Town Board, along with Robert M. Penna, Ph.D., has caused an "Adult Use Study: Town of Ballston, New York," to be prepared to assess the probable adverse secondary impacts on the Town of Ballston which would result from the unregulated opening and establishment of adult-oriented businesses within the town.
(2)
Findings. Based upon a comprehensive study of the adverse secondary impacts of adult use establishments as documented in accordance with the ruling of the United States Supreme Court in the matter of the City of Renton v. Playtime Theaters, Inc. 475 U.S. 41 (1986) and commissioned by the Town Board of the Town of Ballston, the Town of Ballston finds that:
(a)
There are adverse secondary impacts associated with the establishment and operation of adult-oriented businesses within a community.
(b)
Among these adverse secondary impacts are a deterioration in the local quality of life, an adverse effect upon economic viability, an imposition, whether intentional or unintentional, of exposure to adult-oriented expression undesired by neighbors, pedestrians and passersby, an increase in traffic, noise, litter and nuisance, criminal and illicit sexual behavior, a threat to the health and safety of children and young adults and an undermining of the established sense of community.
(c)
These adverse secondary impacts of the establishment and operations of adult-oriented businesses are a threat to the general health, safety and economic viability of the community.
(d)
The unregulated establishment and operation of adult-oriented businesses would lead to the widespread imposition of adverse secondary impacts upon the residents, businesses, economic viability, property values and quality of life of the Town and would therefore be detrimental to the general health, safety and economic viability of the community.
(e)
The United States Constitution, and the Constitution and laws of the State of New York grant to the Town of Ballston the powers, especially police powers, to enact reasonable legislation and measures to regulate the location and operation of adult-oriented businesses, hereinafter defined, in order to protect the general health, safety and economic viability of the community.
(3)
Statement of intent.
(a)
It is the express intent of the Town of Ballston in adopting this section to:
[1]
Ameliorate, mitigate, reduce or prevent the widespread and unregulated imposition of the adverse secondary impacts of adult-oriented businesses upon the residents, businesses, economic viability, property values, quality of life and general health, safety and welfare of the community.
[2]
Protect the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses.
(b)
It is not the intent of the Town of Ballston in adopting this section to:
[1]
Deny any person the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses;
[2]
Impose upon any person any additional limitations or restrictions upon the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses, beyond those granted to the Town under the Unites States Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression. These constitutionally protected rights are understood to include the right to sell, distribute and exhibit the legal goods and services offered by adult-oriented businesses;
[3]
Impose upon any person any additional limitations or restrictions upon the right to obtain, view or partake of any communications guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses, beyond those granted to the Town under the United States Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression; or
[4]
To estimate, decide, determine, resolve, consider, conclude, judge or qualify in any manner or fashion the quality or value of the content, nature, message, form, format, appearance, substance or presentation of the free expression guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses.
(4)
Aware that, according to numerous decisions by both federal courts and courts of the State of New York, the regulation of the location of adult businesses must be based upon a finding of the adverse secondary impact of these businesses upon the community and must be directed solely toward the mitigation of these impacts, not be directed toward any form of speech or expression, be no broader than necessary and must provide alternative locations within the Town for adult use businesses, the Town of Ballston hereby adopts the following amendment to its Town Zoning Law.
B.
Definitions.
(1)
For the purpose of this section, an adult-oriented business or adult use business shall be defined as any business which:
(a)
Is the use of land, structures or location for an "adult entertainment business" or as an "adult physical contact establishment" as herein defined; and
(b)
Is any use of land, structure or location which, by the provisions of the Penal Law, is required to restrict the access thereto by minors; and
(c)
Is an establishment, location, building or structure which features topless dancers, nude dancers or strippers, male or female; and
(d)
Is a location, building or structure used for presenting, lending or selling motion-picture films, videocassettes, cable television or any other such visual media, or used for presenting, lending or selling books, magazines, publications, photographs or any other written materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specific anatomical areas" as defined below.
(2)
Adult use businesses. Adult use businesses, including adult book stores, adult video stores, adult motion-picture theaters, adult mini-motion-picture theaters, adult cabarets and adult drive-in theaters, shall be defined as follows:
ADULT BOOK STORE
An establishment having a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.
ADULT CABARET
An establishment which features live go-go dancers, exotic dancers, strippers, male or female, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity.
ADULT DRIVE-IN THEATER
A drive-in theater utilized for the presentation of materials distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas, as defined below, for the observation of patrons therein.
ADULT MINI-MOTION-PICTURE THEATER
An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas, as defined below, for the observation of patrons therein.
ADULT MOTEL
A motel which is not open to the public generally, but excludes minors by reason of age, or which makes available to its patrons in their rooms closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which, if presented in a public movie theater, would not be open to the public generally, but would exclude any minor by reason of age, and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions or offers a sleeping room for rent for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A building with a capacity of 50 persons or more used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas, as defined below, for the observation of patrons therein.
ADULT PEEP SHOW
A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure for which a fee is charged and which is not open to the public generally, but excludes any minor by reason of age.
ADULT PHYSICAL CONTACT ESTABLISHMENT
Any establishment which offers or purports to offer massage or other physical contact to patrons of either gender by employees or staff of either gender. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as a physical therapist or physical therapist assistant and electrolysis, karate, judo and dance studios are not to be considered adult physical contact establishments under this section.
ADULT VIDEO STORE
An establishment having as a substantial or significant portion of its stock-in-trade video films, videocassettes or other films for sale or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as defined below.
(3)
Specified sexual activities.
(a)
Human genitals in a state of sexual stimulation or arousal; or acts of human masturbation, sexual intercourse or sodomy; or
(b)
Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breast.
(4)
Specified anatomical areas.
(a)
Less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola; or
(b)
Human male genitals in a discernible turgid state, even if completely or opaquely covered.
C.
Location of adult-oriented business or adult use business within Industrial District.
(1)
Adult-oriented businesses or adult use businesses are permitted within the Industrial District, provided that no adult use be allowed within 300 feet of any of the Industrial District's boundary lines with an adjoining zoning district nor within 1,000 feet of the property line of any residential use or a zoning district that permits residential use.
(2)
Adult-oriented businesses or adult use businesses shall not be allowed within 1,000 feet of the property line of a church or other house of worship, playground, park, school, day-care center, senior center, cemetery or structure, including fire stations and meeting halls or structures used as a community center, nor within 500 feet of a commercial or business zone.
(3)
Adult-oriented businesses shall not be permitted to locate less than 500 feet from another such use, and not more than one adult-oriented business shall be permitted to locate within a single building or single lot.
(4)
Adult-oriented businesses shall not exceed, in total, 2,500 square feet of floor area and cellar space not used for enclosed storage or mechanical equipment.
(5)
Adult-oriented businesses shall be required to comply with all other development standards and requirements of the laws of the Town of Ballston, including, but not limited to, district lot and bulk regulations, parking requirements, signage, facade and screening regulations.
(6)
Adult-oriented businesses shall not be permitted within any building where a portion of the floor area of the building is in residential use, including nonconforming residential uses, a school, house of worship, public or private recreational facility, community center or other public facility, motel or hotel.
(7)
Adult-oriented businesses shall not be permitted to provide live entertainment on the premises which involves nude dancing that is lewd, indecent or grossly sexual in nature. This shall not be construed to include conduct of being nude that constitutes a part of a bona fide live communication, demonstration or performance by a person wherein such nudity is expressive conduct incidental to, and necessary for, the conveyance or communication of a genuine message or public expression and is not a guise or pretense utilized to exploit nudity, nor shall it include conduct that is protected by the United States or New York State Constitution.
(8)
Any adult-oriented business that seeks to provide booths or areas, either for the viewing of motion pictures or live performances, shall meet the following requirements:
(a)
Any and all such booths, cubicles, studios, studies and rooms for the private viewing of adult motion pictures and/or live performances or areas shall be open to public view from the common areas of the establishment. There shall not be any doors, curtains, blinds or other structures or devices that shall impede observation of the entire area of such private viewing areas from the common area of the establishment.
(b)
Such private viewing areas shall be well lighted and readily accessible at all times and shall continuously be open to view.
(c)
Lighting throughout an adult establishment shall be sufficient to illuminate every place to which patrons are permitted access.
(9)
The exterior appearance of any building containing an adult-oriented business shall be consistent with the character of surrounding structures and shall not detract from the appearance of the neighborhood.
(10)
Adult-oriented businesses shall conform with all existing applicable sign regulations in addition to the following specific requirements:
(a)
Signs which are illuminated in neon or which contain flashing lights shall be prohibited.
(b)
Exterior signs, displays or other advertisements which contain nude, semi-nude or provocative pictures shall be prohibited.
(c)
Interior signs, displays, posters or other advertisements which contain nude, semi-nude or provocative pictures shall be located a minimum of four feet from any window or door and shall not be visible from the exterior of the establishment.
(d)
Permanent and/or temporary window and door signs shall not occupy more than 20% of each window or door.
(11)
Special use permits granted to adult-oriented businesses shall be nontransferable and shall be subject to renewal by the Planning Board on an annual basis. Property owners within 1,000 feet of the location of a proposed adult-oriented business shall be notified in writing of the day, time and location of the public hearing.
§ 138-38 Environmental regulations.
The following restrictions shall also be subject to applicable New York State and/or federal regulations that apply to the Light Industrial Districts. No facility will be allowed that shall:
A.
Cause the emission of excessive smoke, fumes, gas, dust or other atmospheric pollutant beyond the boundaries of the user's lot; and, for the purpose of this subsection, smoke shall be deemed excessive when its shade or appearance is darker than No. 2 on Ringelmann's scale for grading density of smoke.
B.
Cause noise audible beyond the boundaries of the user's lot.
C.
Discharge any waste material into any sanitary disposal system or sewage system, except as permitted by the public health authorities of the municipality controlling such sewerage system and as permitted by the Town of Ballston with respect to any Town-owned or -operated sewerage system.
D.
Store or stock any waste material on the premises of the user, other than that used in day-to-day operations.
E.
Cause any adverse effect on Town water sources, including groundwater supplies and Ballston Lake.
F.
Protection of water sources and water quality shall be given the highest priority by the Zoning Board of Appeals or Planning Board in considering the regulations of this article and any site plan review.
G.
Create an adverse effect on the environment, as defined by the New York State Environmental Quality Review Act and its supplemental regulations. Specific attention shall be given by the Zoning Board of Appeals and Planning Board to wetland areas located in the boundaries of the industrial district, and all New York State regulations regarding the protection of such wetland areas shall be strictly complied with by all industrial district owners or developers.
H.
Violate any of the provisions of Article XVII, Activity Standards for Annoying and Injurious Substances, Conditions and Operations, of this chapter.
§ 138-39 Facility and site requirements.
A.
All users shall attractively landscape the unoccupied or unused portions of the premises with lawn, trees, shrubs or other plant material with due consideration to the natural growth and the nature and condition of the terrain.
B.
There shall be a minimum lot size of 40,000 square feet or six times the total aggregate square footage of the footprint(s) of the building(s) on the site, whichever is greater.
C.
All building setbacks shall be a minimum of 100 feet from the front property line on all state or county roadways. All other building setbacks shall be 50 feet from the front property line for lots fronting on any municipal or private interior roads located within this Industrial Zone. No structures or uses associated with the principal use of the property (i.e., parking) shall be permitted within the required yard areas.
D.
Off-street parking regulations shall be governed by Article XV, Off-Street Parking and Loading.
E.
Where a Light Industrial facility or use adjoins an existing residential property boundary line, a buffer strip along the property boundary of at least 100 feet in depth and landscaping shall be provided. A 100-foot buffer strip must also be provided along the boundary line of any residential district. Where outside storage of materials will take place, nothing will be stored such that if it fell over, or off where it is stored, it could land on the real or personal property of other persons or entities.
F.
All users shall comply with such additional conditions and requirements as may be required by the Planning Board, including Planning Board regulations concerning maximum height of structures, security fencing and other such site requirements necessary to meet any of the standards hereinafter set forth.
G.
The Zoning Board of Appeals may waive any of the requirements contained in the article where it finds that such requirements will impose an undue or unreasonable hardship or inconvenience and where such waiver will not adversely affect the surrounding area.
H.
Access to the Light Industrial Zone shall be by Route 50, Route 67 and Underpass Road only.
§ 138-40 Water and sewer requirements.
A.
Buildings shall be provided with potable water, if required by regulations of the New York State Department of Health; municipal water supply to be used if accessible. If municipal water is not accessible, the use of individual wells will be permitted upon approval of the Planning Board. When individual wells are used as a water supply, the applicant shall provide information as to the water requirements, and the production rate of the well will be required to meet the demands in accordance with the New York State Department of Health regulations.
B.
Sewage disposal shall be in accordance with the contents of Chapter 73, Health and Sanitation, § 73-2.
§ 138-41 Construction standards.
All construction within the Light Industrial Zone shall conform to the applicable standards of the New York State Uniform Fire Prevention and Building Code. All building plans and site plans for construction within the Light Industrial Zone shall be approved by a New York State licensed design professional, as such professional is defined by § 7208 of the New York State Education Law.
§ 138-42 Permit requirements and administration.
A.
Construction shall begin within one year from final approval and issuance of all required permits. The developer or his or her successors and assigns shall be solely and exclusively responsible for obtaining any permits required to commence development of the land as authorized by this chapter.
B.
Nothing in this chapter shall be construed to satisfy the obligations of any person to obtain any governmental approval or permit from any governmental agency other than the Town of Ballston for activities proposed with the Light Industrial Zone.
C.
Administration. This section shall be administered in accordance with the provisions set forth in Article XXVII, Administration and Enforcement, of this chapter, and the provisions of such law relating to building permits, certificates of occupancy, interpretations, variances, special use permits and violations shall apply to all uses and proposed uses within the Light Industrial Zone unless noted otherwise in this article. This chapter shall also be administered in accordance with the provisions of Article XXXII, Site Plan Review, of this chapter of the Code of the Town of Ballston. Construction within the Light Industrial Zone shall be subject to review and approval by the Town of Ballston Planning Board according to the standards and criteria established in the Town of Ballston site plan review procedures.
§ 138-43 Developer to provide roads and utilities.
The access roads and all water, sewage and stormwater control facilities shall be installed at no cost or expense to the town. Roads to be dedicated to the Town of Ballston will be built in accordance with Town highway specifications.
§ 138-44 Use and change of use.
Any use of any of the land or buildings in the district shall be approved by the Planning Board of the Town of Ballston or its agent. Any change in use must comply with the regulations established by this article. "Change in use" shall include any use of the land or buildings for any purpose other than that for which approval has previously been given.
§ 138-45 Signs.
A.
Light Industrial District sign regulations shall include those regulations established in Article XVI, Signs, of this chapter, and any additional regulations described herein. Any inconsistency between the regulations of Article XVI, Signs, and this section shall be governed by this section.
B.
Each Light Industrial District site containing up to 10 acres of land shall be allowed one identification sign of no more than 40 square feet for purposes of site and business location. Within each such designated industrial site of up to 10 acres, there shall be no restriction on the number of signs used for business identification. Sign placement and the total number of signs shall be regulated and approved by the Planning Board during site plan review. It is the intention of this section to allow a sufficient number of business identification signs to be placed within such a designated industrial site, in order to provide adequate directional and building location information. The size, shape, height aboveground, quality of lettering and other such details shall comply with Article XVI, Signs, of this chapter and such other requirements as may be imposed by the Town of Ballston Planning Board during the site plan review process.