Evans City Zoning Code
ARTICLE VII
Industrial Districts
§ 200-24 Light Industrial District (LI).
A.
Intent. The intent of the Light Industrial District is to provide areas within the Town for the location of light industrial, manufacturing, assembly, compounding, processing, fabrication and packaging facilities, wholesale warehouses and storage facilities and research, development and laboratory facilities. Finished goods produced in these districts shall be from previously prepared materials that were refined elsewhere. This district is for selective uses that do not adversely impact the environment and quality of life of the residents and property owners of the Town or create an impact that is injurious to public health, safety or general welfare.
B.
Permitted uses. The following uses are permitted in the Light Industrial District (LI):
(1)
Principal structures and uses.
(a)
Any structure and/or use permitted in the Motor Vehicle Service District (MS), except that § 200-22B(1)(c), (d) and (e) shall require a special use permit.
(b)
Administrative and general offices.
(c)
Research-development facilities: experimental, research and testing facilities, including but not limited to the construction and operation of small-scale experimental and pilot plant operations, production operations, if ancillary to or resulting from a permitted experimental research or testing operation.
(d)
Compounding, manufacturing and assembly of:
[1]
Electrical equipment and appliances.
[2]
Household items, furniture and furnishings; office equipment furniture and furnishings.
[3]
Musical, scientific, medical, dental and photographic instruments, equipment and supplies.
[4]
Recreational equipment and toys.
[5]
Clothing and other textile products.
[6]
Pharmaceutical products, cosmetics and toiletries.
[7]
Panels, sheets, tubes and rods.
[8]
Automobile and boating accessories from previously prepared materials.
[9]
Web printing, and job and newspaper printing, bookbinders and engraving.
[10]
Food and beverage products.
[11]
Airport or private airstrip (special use permit required).
(e)
Warehousing, storage services and distribution centers.
(f)
Public utility stations or exchanges.
(g)
Fire stations.
(h)
Farms and Agricultural businesses and industries.
[Amended 5-26-2010 by L.L. No. 1-2010]
(i)
Contracting or construction services.
(j)
Motels and hotels.
(2)
Accessory structures and uses.
(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.
C.
Design regulations.
(1)
Minimum lot area: one acre.
(2)
Minimum lot width: 100 feet.
(3)
Access. Buildings and land shall either abut a dedicated street or be arranged in groups or clusters so that groups or clusters abut a dedicated street for the required lot width, provided that:
(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 drives and pedestrianways comply with all applicable laws.
(4)
Enclosure. All manufacturing or processing activities shall be completely enclosed in buildings.
(5)
Outdoor storage is not permitted in any front yard. Outdoor storage may be permitted in a side or rear yard abutting a residential district or other yard abutting a front yard of an adjacent parcel. Permitted outdoor storage areas shall be screened from adjacent parcels and shall not exceed 16 feet in height or be closer than 50 feet to any property line.
(6)
Minimum yards for structures and parking, loading and stacking areas:
Height of Structure | ||||
|---|---|---|---|---|
Yard | 30 Feet or Less | Over 30 Feet** | Parking, Loading and Stacking Areas (feet) | |
Front, from right-of-way of a dedicated street | 40 | 75 | 25* | |
Side and rear, abutting a residential district | 50 | 75 | 50* | |
Side and rear, abutting a nonresidential district | 15 | 25 | 10* | |
NOTES: | |
*The entire area must be landscaped in compliance with § 200-28 of this chapter. | |
**Special use permit required. |
(7)
Interior minimum building separation: 30 feet.
(9)
Maximum structure height: 65 feet.
§ 200-25 General Industrial District (GI).
A.
Intent. It is the intent of the General Industrial District to provide locations within the Town for the location of heavier manufacturing and processing facilities and uses. Such uses and facilities would involve the processing and manufacturing of materials and products from extracted or raw materials and the outdoor storage and shipment by heavy truck or rail of raw and finished products and materials. No industrial use shall be permitted in this district that engages in the storage and manufacturing of explosive materials or storage or manufacturing processes that potentially involve hazardous or commonly recognized noxious or highly offensive conditions by reason of emission of odor, dust, fumes, smoke, gas, vibration or noise.
B.
Permitted uses. The following uses are permitted in the General Industrial (GI) District:
(1)
Principal structures and uses.
(a)
Principal structures and uses permitted in the Light Industrial (LI) District.
(b)
Principal structures and uses permitted in the Motor Vehicle Service (MS) District, except that § 200-22B(1)(c), (d) and (e) shall require a special use permit.
(c)
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.
(d)
Railroad freight yard.
(e)
Concrete products mixing and manufacturing (special use permit required).
(f)
Processing or treatment of bituminous products (special use permit required).
(g)
Metal casting and foundry products (special use permit required).
(h)
Brewing or distilling of beverages (special use permit required).
(i)
Adult entertainment (special use permit required).
(2)
Accessory structures and uses.
(a)
Uses and structures customarily incidental to the above.
(c)
Off-street parking, loading and stacking spaces or structures, as permitted and regulated in compliance with § 200-27 of this chapter.
(e)
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.
C.
Design regulations.
(1)
Minimum lot area: one acre.
(2)
Minimum lot width: 100 feet.
(3)
Access. Buildings and land shall either abut a dedicated street or be arranged in groups or clusters so that groups and clusters abut a dedicated street for the required lot width, provided that:
(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 a public street 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 pedestrianways comply with all applicable laws.
(e)
Outdoor storage is not permitted in any front yard. Outdoor storage may be permitted in a side or rear yard abutting a residential district or other yard abutting a front yard of an adjacent parcel. Permitted outdoor storage areas shall be screened from adjacent parcels and shall not exceed 16 feet in height or be closer than 50 feet to any property line.
(4)
Minimum yards for structures and parking, loading and stacking areas:
Height of Structure | ||||
|---|---|---|---|---|
Yard | 30 Feet or Less | Over 30 Feet** | Parking, Loading and Stacking Areas (feet) | |
Front, from right-of-way of a dedicated street | 40 | 75 | 25* | |
Side and rear, abutting a residential district | 50 | 75 | 50* | |
Side and rear, abutting a nonresidential district | 15 | 25 | 10* | |
NOTES: | |
*The entire area must be landscaped in compliance with § 200-28 of this chapter. | |
**Special use permit required. |
(5)
Interior minimum building separation: 30 feet.
(7)
Maximum structure height: 65 feet.
D.
Adult entertainment standards.
(1)
Intent. In order to promote the health, safety, morals and general welfare of the residents of the town, this section is intended to restrict adult uses to nonresidential, nonbusiness and noncommercial areas of the Town and otherwise regulate their operation while providing for the location of the same within the town. Moreover, in that the operational characteristics of adult uses increase the deleterious impact on a community when such uses are concentrated, this section is intended to promote the health, safety, morals, general welfare and good order of the residents of the Town by regulating the concentration of such uses.
(2)
Permitted uses. Principal structures and uses, retail sales only.
(3)
Design regulations.
(a)
Minimum lot area: two acres.
(b)
Minimum lot width: none.
(c)
Minimum yards for structures and parking, loading and/or stacking:
Yard | Structure (feet) | Parking, Loading and/or Stacking (feet) | |
|---|---|---|---|
Front, from right-of-way of a dedicated street | 112 | 50* | |
Side, abutting a nonresidential district | 112 | 50* | |
Rear, abutting a nonresidential street | 112 | 50* | |
Side and rear, abutting a residential district | Not permitted | Not permitted |
*NOTES: Entire area must be landscaped with conifers and deciduous trees in equal proportions, at a spacing of not more than 25 feet on center. Trees shall have a minimum caliper of 2 1/2 inches one foot above finished grade. |
(d)
Maximum building height: 12 feet.
(e)
Maximum lot coverage: as use, yard, off-street parking, loading and stacking and landscaping requirements permit.
(f)
Enclosure. All principal and accessory uses, except signs, landscaping and off-street parking, shall be conducted within a completely enclosed structure.
(4)
General provisions. The following provisions apply to all adult entertainment uses unless otherwise indicated and shall supersede conflicting regulations for those districts:
(a)
Any adult entertainment uses shall be permitted, provided that any property line of the use shall:
(b)
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, as defined herein, from any public way. This provision shall apply to any display, decoration, sign, show window or other opening.
(5)
Special use permit.
(a)
No use as described in this subsection shall be established until a special use permit is obtained from the Town Board pursuant to § 200-45 of this chapter. Application for such a special use permit shall be in writing to the Town Board and shall consist of a description of the premises for which the permit is sought and a plain and concise statement of the use which is proposed, stating specifically that minors shall be prohibited from entering the premises, and such additional information as shall be required by the Town Board.
(b)
A special use permit issued under the provisions of this subsection shall not be transferable.
(6) ADULT BOOKSTORE ADULT ENTERTAINMENT CABARET ADULT MINI MOTION-PICTURE THEATER ADULT MOTION-PICTURE THEATER ADULT RETAIL NOVELTY SHOP BOTTOMLESS MASSAGE PARLOR SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES TOPLESS
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
An establishment having as a substantial or significant portion of its sales books, magazines, films for sale or viewing on the premises, by the use of motion-picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.
A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers and/or bottomless dancers, strippers, male or female impersonators or similar entertainers or employees appearing in a bottomless and/or topless manner of dress.
An enclosed building with a capacity of fewer than 50 persons used for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons used for presenting material 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 business which has as a primary stock sexually oriented goods, products or novelties.
Any manner of dress in which a person appears with less than completely and opaquely covered human genitals and/or pubic region.
Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fermentations, electric or magnetic treatments or any other treatment or manipulation of the human body occurs as part of or in connection with specified sexual activities or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.[1]
Any manner of dress in which a female appears with the breast region exposed below a point immediately above the top of the areola.
E.
Amusement centers or arcades.
(1)
Intent. In order to promote the health, safety, morals and general welfare of the residents of the Town of Evans, this subsection is intended to restrict amusement centers or arcades to nonresidential nonbusiness and noncommercial areas of the Town and otherwise regulate their operation, while providing for the location of the same within the Town of Evans. Moreover, in that the operational characteristics of such uses increase the deleterious impact on a community when such uses are concentrated, this subsection is intended to promote the health, safety, morals, general welfare and good order of the residents of the Town by regulating the concentration of such uses.
(2)
Permitted uses, principal structures and uses, retail sales only: Amusement centers or arcades in which are contained electronic or other mechanical games or devices which are activated by the insertion of coins or other mediums of exchange and are principally intended for the enjoyment of the person playing or operating the game or device.
(3)
Design regulations.
(a)
Minimum lot area: two acres.
(b)
Minimum lot width: none.
(c)
Minimum yards for structures and parking, loading and/or stacking:
Yard | Structure (feet) | Parking, Loading and/or Stacking (feet) | |
|---|---|---|---|
Front, from right-of-way of a dedicated street | 112 | 50* | |
Side, abutting nonresidential district | 112 | 50* | |
Rear, abutting nonresidential street | 112 | 50* | |
Side and rear, abutting residential district | Not permitted | Not permitted |
*NOTE: Entire area shall be landscaped with conifers and deciduous trees in equal proportions, at a spacing of not more than 25 feet on center. Trees shall have a minimum caliper of 2 1/2 inches one foot above finished grade. |
(d)
Maximum building height: 12 feet.
(e)
Maximum lot coverage: as use, yard and off-street parking, loading and stacking and landscaping requirements permit.
(f)
Enclosure. All principal and accessory uses, except signs, landscaping and off-street parking, shall be conducted within a completely enclosed structure.
(4)
General provisions. The following provisions apply to all amusement center or arcade uses unless otherwise indicated and shall supersede conflicting regulations for those districts:
(5)
Special use permit.
(a)
No use as described in this subsection shall be established until a special use permit is obtained from the Town Board pursuant to § 200-45 of this chapter. Application for such a special use permit shall be in writing to the Town Board and shall consist of a description of the premises for which the permit is sought and a plain and concise statement of the use which is proposed, stating specifically that minors shall be prohibited from entering the premises, and such additional information as shall be required by the Town Board.
(b)
A special use permit issued under the provisions of this subsection shall not be transferable.
§ 200-26 Provisions applicable to all industrial districts.
A.
Supplementary height regulations. Mechanical space for building equipment placed on the building roof may be allowed above the maximum height specified, provided that such mechanical space is set back a minimum of 15 feet from any exterior wall, does not exceed 15 feet in height and is screened from view.
B.
Boundary treatment where adjoining a residential area. Fences, walls, plantings or other screening materials shall be provided.
C.
Performance standards. Any use established in a Light Industrial or General Industrial District after the effective date of this chapter shall comply with the performance standards set forth hereinafter for the district in which such use shall be located as a precedence 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 set forth hereinafter for the district in which such use is located as a precedence to further use. The Town may select and arrange for an independent survey by a person qualified in the particular field to determine whether or not any structure or use complies with the performance standards, and the costs for such service shall be paid by the owner or user.
(1)
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 shall not be detrimental to, or endanger, the public health, safety, comfort or welfare or adversely affect property values.
(2)
Glare and heat. Any operation producing glare or heat shall be conducted in such a manner that the glare or heat shall be completely imperceptible from any point along a lot line.
(3)
Fissionable, radioactive or electrical disturbance. No activities shall be permitted which utilize fissionable or radioactive materials if their use results at any time in the release or emission of any fissionable or radioactive material into the atmosphere, the ground or sewage systems, and no activities shall be permitted which emit electrical disturbance affecting the operation of any equipment other than that of the creator of such disturbance.
(4)
Liquid and solid wastes. All liquid waste disposal shall conform to county, state and federal standards. All solid waste materials, including garbage and trash, shall be stored in covered containers.
(5)
Lighting. Lighting facilities shall be arranged so that adjoining properties and streets are protected from glare and hazardous interference of any kind. In no instance shall lighting standards exceed 25 feet in height.
(6)
Noise. The sound-pressure level as measured at the edge of a lot and which is produced by a mechanical, electrical or vehicular operation on the lot, where said lot is adjacent to a residential area, shall not exceed the average intensity of the street traffic noise in that residential area as measured over a period of 24 hours. In any event, no sound shall have objectionable intermittence, volume, beat frequency or shrillness characteristics.
(7)
Odorous matter. The emission of odorous matter so as to produce a public nuisance beyond the lot occupied by the use shall not be permitted.
(8)
Toxic or noxious matter. The emission of toxic, noxious or corrosive fumes or gases which would be injurious to property, vegetation, animals or human health at or beyond the boundaries of the lot occupied by the use shall not be permitted.
(9)
Vibration. Every use shall be operated so that consistent ground vibration inherently and recurrently generated by said use is not perceptible, without instruments, at any point along any property line of the lot on which the use is located.
(10)
Side yard on corner lots. The shorter line abutting a street on a corner lot is the front lot line. The width of the side yard setback on the street shall be not less than the front yard setback, and the interior side yard shall comply with the minimum regulations of the district.