Clifton Park City Zoning Code
ARTICLE IX
Light Industrial Districts LI
§ 208-62 Purpose.
[Amended 5-16-2005 by L.L. No. 6-2005; 2-28-2011 by L.L. No. 7-2011]
In furtherance of the Town's Comprehensive Plan, the primary purpose of the Light Industrial District LI is to permit light manufacturing, processing, assembly and fabrication facilities, wholesale warehouses and storage facilities, equipment maintenance and research and development. 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 Clifton Park. Accordingly, due to the potential adverse and/or harmful impact of heavy industrial uses, such uses are explicitly excluded from this district.
§ 208-63 Location and boundaries.
[Amended 5-16-2005 by L.L. No. 6-2005]
The location and boundaries of the LI District are as set forth on the Official Zoning Map, as attached hereto.[1] This article shall apply to the entire LI District as set forth on the attached Official Zoning Map, except that the permitted uses set forth in § 208-64A shall apply only to those portions on the Official Zoning Map of the LI District designated as "LI-1." The uses set forth in § 208- 64B shall apply only to those shaded portions on the Official Zoning Map of the LI District designated as "LI-2."
[1]
Editor's Note: The Zoning Map is on file in the Town offices.
§ 208-64 Permitted and prohibited uses.
A.
Permitted uses; LI-1 area.
[Amended 12-9-1996 by L.L. No. 11-1996; 5-16-2005 by L.L. No. 6-2005]
(1)
An owner shall be permitted to have more than one tenant in an approved facility, provided that all occupancies fall within the permitted use. The following uses are expressly permitted in the LI-1 area of the LI District, subject to the district regulations and performance standards as set forth herein.
(a)
Assembling/fabrication, processing or light manufacturing of products, provided that such activity is not violative of the district regulations as set forth herein, and further provided that such activity does not result in any noxious noise or odor outside the district and does not have a deleterious effect on the air or water quality.
(b)
Storage, warehousing or distribution of manufactured products.
(c)
Animal care facilities.
(d)
Warehousing, public.
(e)
Public utility uses, including but not limited to electrical substations, telephone exchange or other similar use.
(f)
Research and development facilities.
[Amended 2-28-2011 by L.L. No. 7-2011]
(g)
Emergency ambulance facilities if and only as long as these facilities are under contract to the Town of Clifton Park to provide general health services to the Town.
(h)
Buildings accessory to the above which are an integral part of any of the above uses and are not in conflict with the purpose of this article as set forth above.
(i)
Offices and office parks.
[Amended 2-28-2011 by L.L. No. 7-2011]
(j)
Equipment maintenance.
[Added 2-28-2011 by L.L. No. 7-2011]
(l)
Brewery, large.
[Added 4-1-2019 by L.L. No. 5-2019]
(m)
Distillery.
[Added 4-1-2019 by L.L. No. 5-2019]
(n)
Tap room/tasting room.
[Added 4-1-2019 by L.L. No. 5-2019]
(o)
Tier 1 solar energy system.
[Added 10-18-2021 by L.L. No. 6-2021]
(q)
Electric vehicle (EV): sales, leasing, distribution, manufacturing, and maintenance.
[Added 6-17-2024 by L.L. No. 5-2024]
(r)
Zero emissions vehicles (ZEV): sales, leasing, distribution, manufacturing, and maintenance.
[Added 6-17-2024 by L.L. No. 5-2024]
(3)
All applicants for projects proposed in the LI-1 area shall be required to conduct a tree survey which indicates the location of all trees and other plants with a diameter of six inches or more on the property. The applicant shall ensure that at least 50% of the trees and other plants of six (6) inches or more in diameter, outside of the site improvement areas, are preserved. Site improvement areas include, but are not limited to, building footprints and parking lots.
(4)
All projects proposed for the LI-1 area shall incorporate architectural standards which reflect the existing natural and developed aesthetics of the LI-1 and surrounding area.
B.
Permitted uses; LI-2 area. An owner shall be permitted to have more than one tenant in an approved facility, provided that all occupancies fall within the permitted use.
[Amended 12-9-1996 by L.L. No. 11-1996; 4-6-1998 by L.L. No. 2-1998; 5-16-2005 by L.L. No. 6-2005]
(1)
Assembling/fabrication, processing or light manufacturing of products, provided that such activity is not violative of the district regulations as set forth herein, and further provided that such activity does not result in any noxious noise or odor outside the district and does not have a deleterious effect on the air or water quality.
(2)
Storage, warehousing or distribution of manufactured products.
(3)
Transportation services, accessory and local.
(4)
Automobile and truck rental facilities and public garages.
(5)
Automotive repair shops and garages and auto body shops.
(6)
Warehousing, public and private.
(7)
Public utility uses, including but not limited to electrical substation, telephone exchange, water facility or other similar use.
(8)
Animal-care facilities.
(9)
Emergency ambulance facilities if and only as long as these facilities are under contract to the Town of Clifton Park to provide general health services to the Town.
(10)
Automobile service stations.
(11)
Buildings accessory to the above which are an integral part of any of the above uses and are not in conflict with the purpose of this article.
(14)
Electric vehicle (EV): sales, leasing, distribution, manufacturing, and maintenance.
[Added 6-17-2024 by L.L. No. 5-2024]
(15)
Zero emissions vehicles (ZEV): sales, leasing, distribution, manufacturing, and maintenance.
[Added 6-17-2024 by L.L. No. 5-2024]
(16)
Only the following special uses shall be considered pursuant to § 208-79 et seq.:
[Added 4-6-1998 by L.L. No. 2-1998]
(c)
Research laboratory and facilities.
[Added 2-28-2011 by L.L. No. 7-2011]
(d)
Equipment maintenance.
[Added 2-28-2011 by L.L. No. 7-2011]
(e)
Accessory retail.
[Added 2-28-2011 by L.L. No. 7-2011]
(f)
Mobile home park; overlay established; boundaries.
[1]
An overlay is hereby established for mobile home parks within a portion of the LI-2 area of the Light Industrial District as shown on the Zoning Map. All zoning requirements of the LI District, which are not superseded herein, shall apply to the overlay area.
[2]
The boundaries of the overlay area are superimposed over those portions of the LI District described as the area wholly contained within the boundaries of NYS Route 9 to the west, the LI Zone boundary to the east and south, and NYS Route 9 to the north, except it shall also include a small area depicted on the Zoning Map in the northwest corner of the LI-2 area of the LI Zone, generally bounded by the Town boundary on the north, Interstate 87 on the west, and Wood Road on the south and east.
C.
Prohibited uses. In accordance with the purpose of this article as set forth in § 208-62, the following is a list, while not all inclusive, of examples and uses which do not meet the intended purpose of this zone and are therefore prohibited. The following uses are expressly prohibited in the LI District as constituting either heavy industrial use or incompatible light industrial use:
(1)
Asphalt plant.
(2)
Manufacture or storage of fireworks, explosives or munitions.
(3)
Manufacture of cement or abrasives.
(4)
Manufacture of fertilizer or glue.
(5)
Manufacture, processing, storage, production or refining of petroleum or other flammable liquids or gasses.
(6)
Manufacture of alcohol, dye or rubber.
(7)
Manufacture of corrosive acid or alkali.
[Amended 2-28-2011 by L.L. No. 7-2011]
(8)
Manufacture or production of hazardous and/or toxic chemicals, as defined in 15 U.S.C. § 1261.
[Amended 2-28-2011 by L.L. No. 7-2011]
(9)
Manufacture of ammonia, chlorine, bleaching powder, boilers, large steel tanks, large steel vessels, asphalt, brick, tile, glutinous derivatives, lampblack, lime cement, plaster of Paris, oil cloth, linoleum, paint, varnish, turpentine, printing ink, pyroxoline plastic or articles made therefrom, soap, starch, glucose, dextrine products, sulfurous products, nitric acid, hydrochloric acid, tar or tar products, crude rubber products, alcohol or carcinogenic dyes.
(10)
Assaying any metal except gold or silver.
(11)
A crematory.
(12)
Distillation of coal, wood, bones or tar.
(13)
Rendering or reduction of fats, tallow, grease, lard or any organic material, including garbage, offal, dead animals of any kind or refuse of any kind.
(14)
An iron, steel, brass or copper foundry.
(15)
Structural steel or metal fabrication where a drop hammer is used.
(16)
Refining of petroleum.
(17)
Tanning, storage or curing of rawhides or skins.
(18)
Slaughtering of animals or birds.
(19)
Packing, curing or processing of raw fish or raw fish products.
(20)
Smelting of metals.
(21)
Corralling of livestock or poultry for slaughter or transshipping.
(22)
Motor vehicle, snowmobile or other motorized vehicle racing or track operation or car or midget auto races.
(23)
Auto wrecking yards or scrap metal storage.
(24)
Stone or gravel crushing.
(25)
Residential dwellings, except that one caretaker dwelling unit per property shall be permitted. The Planning Board may require evidence that such a dwelling unit is necessary and will be established solely for security and maintenance purposes.
(26)
Power-generation plants.
(27)
Any storage or warehousing of chemicals or petroleum products that are not ancillary or incidental to the main on-site use and that does not adhere to all requirements of state and federal regulations, including but not limited to NYS DEC, US OSHA and US EPA regulations.
[Amended 2-28-2011 by L.L. No. 7-2011]
(28)
Atomic power facilities, storage of nuclear waste or related nuclear research and development.
(29)
Any other use which produces objectionable noise, dust, vibrations, noxious fumes, smoke or odors, all as defined below.
D.
E.
The determination as to the suitability of any use shall be made by the Zoning Enforcement Officer in writing pursuant to the criteria set forth herein.
F.
Performance standards.
(1)
Measurement of noise. Sound levels in the Light Industrial District shall not exceed 45 decibels from 11:00 p.m. to 6:00 a.m., nor 65 decibels at other times, the measurement of which shall be made with a sound-level meter meeting the standards prescribed by the American National Standards Institute. Measurement of noise levels shall be made at the property line of the property on which such noise is generated or perceived and shall be taken at least four feet above ground level. Compliance with the established noise limits is to be maintained at all elevations at the boundary of each property.
(2)
Discharge of toxic or noxious matter. No activity in the LI District shall permit any type of discharge either on or off site of any toxic or noxious matter in such concentrations as to be detrimental to or endanger the health of the public or significant bird and mammal wildlife. For purposes of this legislation, "noxious" is defined as that which causes or tends to cause injury to health.
(3)
Vibration. In no case shall any vibration from the LI District be perceptible without the aid of instruments along the boundary line of the zone, except during initial construction of the facility.
(4)
Heat or glare. No use shall be permitted that will produce heat or glare beyond the property line of the lot on which the facility is located.
(5)
Odor. No emission of any odorous matter shall be permitted so as to be detected outside the property line of the lot on which the facility is located. Any facility which may involve the emission of any odor shall be equipped with a secondary safeguard system, so that control will be maintained if the primary system should fail.
§ 208-65 Space and bulk standards.
A.
Lot area. The minimum lot area per establishment shall be one acre (43,560) square feet, and the minimum width of the lot at the front building line shall be 150 feet, except along those streets listed in § 208-98 where the minimum width shall be 200 feet. The minimum frontage may be calculated along property abutting a public right-of-way, or along a privately owned and maintained road, which allows access to more than one parcel or lot, which is normally open to the public and upon which persons other than the owner located thereon may also travel.
[Amended 2-28-2011 by L.L. No. 7-2011]
B.
Lot coverage. Buildings, parking areas, including maneuvering areas, stormwater retention areas and other site amenities that are an integral and necessary part of the use shall not occupy more than 60% of the total lot area. Notwithstanding the requirement in § 208-116A(8), the green space requirement for this district is 40%. The stormwater retention area may be included in the green space calculation upon proof that the stormwater retention area will be improved to form an integral part of the landscaping scheme and would enhance the overall aesthetics and thus serve the purpose of the green space requirements of this article.
C.
Buffer. No building shall be located closer to any residential district property line than 100 feet, and there shall be no encroachment into this area by anything other than natural vegetation or planted landscaping. Where the Light Industrial District line abuts the Saratoga County Sewer easement established at an approximate minimum width of 65 feet in the northeastern corner of the Town of Clifton Park, the buffer shall be 40 feet. The resultant buffer will be approximately 100 feet. In addition, there shall be established a minimum twenty-five-foot planted buffer along the rear and side property lines of all parcels.
D.
Height. Permitted height of buildings and structures shall be 50 feet. For any building or structure proposed over 35 feet in height, the Planning Board will conduct a visual assessment and require the applicant to complete Appendix B of the State Environmental Quality Review, Visual EAF Addendum for its consideration. The Planning Board shall also require a line-of-sight-profile with control points to be determined by the Board.
[Amended 2-28-2011 by L.L. No. 7-2011]
E.
Setbacks.
(1)
Front yards. No building shall be located closer than 50 feet to the front property line, into which space there shall be no encroachment of buildings other than a fence or similar structure or sign. No parking or maneuvering area shall be allowed in the front yard. Building setbacks specifically established in § 208-98 of this Code shall take precedence over the above. No parking or maneuvering area shall be allowed in the front yard unless the Planning Board finds that, in the case of keyhole lots or lots with similar configurations, the intent of this article is better met by allowing construction within the front yard setback.
(2)
Side yards/rear yards. In order to allow for maximum flexibility of design, to preserve as much of the natural environment as possible and to promote the purpose of this article, there is established a twenty-five-foot minimum side and rear yard setback, which shall be considered a buffer area and which shall contain natural or planted vegetation for the purpose of screening uses from adjacent properties. No parking shall be permitted in the buffer area.
(3)
Setbacks for accessory buildings. No building approved as an accessory to the main use shall be constructed closer than 25 feet to a property line.
§ 208-66 Development standards.
A.
Ingress/egress. There shall not be more than one curb cut per lot unless the Planning Board finds that traffic safety will be improved with the addition of another curb cut. The approved curb cut shall be wide enough to accommodate safely and in accordance with accepted traffic control standards approved by the Town Engineer the type of traffic to be generated by the use and shall meet all of the firesafety requirements of the Town of Clifton Park. The distance between curb cuts on two separate parcels shall be a minimum of 120 feet measured from the center line of the curb cut. Design should take into consideration the possibility of shared curb cuts with adjacent properties and parallel service roads in order to minimize the amount of curb cuts in a given area. In the case of a corner lot, no curb cut shall be located closer than 100 feet to the intersection.
B.
Landscaping. The overall intent of this standard is to promote and achieve, where possible, a well-landscaped site that takes into consideration the surroundings and the total environment. Consideration shall be given to preservation of natural and existing vegetation as well as new plantings throughout an entire site. The Planning Board shall take into consideration the location of the structures and parking areas and their proximity to adjacent buildings and/or lots. Consideration shall be given to planting along property lines, buffer areas and along the walls of the structure, where possible, without impeding the operations of the facility. However, if there is substantial natural vegetation on site that serves the requirements, e.g., screening, aesthetics, etc., the Planning Board shall not require additional plantings except where deficiencies shall exist.
C.
Architecture. The architectural design shall consider building facade, including color, and other significant design features, such as exterior materials and treatments, roof structure, exposed mechanical equipment and service and storage areas. Architectural block or similar facade along the road frontage shall be required.
D.
Utilities. Uses provided within an LI District shall be served by sanitary sewers, adequate drainage control and/or storm sewers, and a community water system where available. If none is available at the time of approval, the owner shall be required to hook into a community water and sewer system as soon as one becomes available as defined by the New York State Uniform Fire Prevention and Building Code.
E.
Each change of use in any existing facility in the LI District shall require site plan approval by the Planning Board in order to ensure that future uses are in keeping with the purpose of this article. (If the use is within the same category of uses, i.e., storage, from furniture to tools, no new site plan approval is required. However, if the use involves a change from storage to fabrication, then a new site plan approval is required.) In addition to any other requirements of the Town Code or New York State law, a site plan shall be provided to the Planning Board for review, outlining any changes to the site plan necessitated by the change in use. The Planning Board shall take into consideration current code requirements in an effort to bring outdated site plans into conformance as reasonably as possible.
F.
No underground fuel storage tanks shall be allowed where there is evidence that an aquifer (or aquifer recharge area) exists or is within 500 feet of the site for tanks or if the building lot is located adjacent to or adjoins a Land Conservation Zone. The Planning Board shall refer to the aquifer/recharge maps officially recognized by the Town Board in order to assess whether testing is required to make a determination.
§ 208-67 Other applicable requirements.
See Article XIV, Exceptions and Special Provisions, for other applicable requirements.