Fairport City Zoning Code
ARTICLE VII
District Use Regulations
§ 550-24 R-A Residential District.
The following regulations apply in the R-A Residential District:
A.
Permitted uses:
(1)
One-family dwellings.
(2)
Public schools.
(3)
Municipal buildings, community centers, public parks and playgrounds.
(4)
Churches and similar places of worship, parish houses, convents, cemeteries and other such facilities of recognized religious groups.
(5)
Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
B.
Permitted accessory uses:
(1)
Private garages and carports.
(2)
Noncommercial workshops as part of the principal building or private garage.
(5)
Other normal residential secondary structures, such as outdoor barbecues, fireplaces, trellises, lampposts and the like.
(7)
Radio and television antennas.
(a)
An antenna (other than a reflector or parabolic antenna) designed to receive radio or television signals, provided that:
(b)
A reflector or parabolic antenna designed to receive radio or television signals, provided that the antenna is one meter (39.37 inches) or less in diameter in any area.
[Amended 11-10-1997 by L.L. No. 4-1997]
(8)
Minor home occupations.
[Added 10-15-1996 by L.L. No. 7-1996]
§ 550-25 R-B Residential District.
§ 550-26 R-B 50/35 Residential District.
§ 550-27 R-C Residential District.
§ 550-28 R-D Residential District.
The following regulations apply in the R-D Residential District:
A.
Permitted uses:
E.
Additional requirements for garden apartments:
(1)
Area and yard requirements.
(a)
Tract size. No garden apartment development shall be permitted on a tract of less than three acres.
(b)
Density. No garden apartment development shall exceed a density of more than 17 dwelling units per gross tract acre.
(c)
Recreation area. A minimum of 10% of the total tract area, exclusive of the normal dwelling yards, buffer strip and parking areas, shall be designated for common recreational purposes. No one recreational area shall be less than 6,000 square feet in area, nor less than 60 feet in width. Areas shall be located so as to be convenient to all dwelling units.
(d)
Lot coverage. Not more than 20% of the lot area shall be occupied by buildings.
(e)
Lot frontage. The front building line along each street accepted for public maintenance shall be not less than 75 feet from the public right-of-way. Such garden apartments shall have lot frontage of not less than 200 feet on at least one street accepted for maintenance by the Village of Fairport.
(f)
Yard requirements.
[1]
Front yard. No dwelling unit or accessory building or structure shall be located closer than 75 feet to the front lot line.
[2]
Side and rear yards. No dwelling unit shall be located closer than 30 feet to the side or rear lot lines. No accessory building or structure shall be located closer than 20 feet to the side or rear lot lines.
[3]
Buffer strip. There shall be a buffer strip along the entire perimeter of the property, except the front yard.
[4]
No buildings, including garages, other accessory structures, interior streets and driveways, parking areas, drying yards or play areas may be located in the buffer strips. Ingress and egress driveways may be permitted in the front yard, but nothing herein contained shall be construed to permit parking areas in the front yard.
[6]
Every building shall have a minimum setback of 15 feet from all interior development roads, driveways and parking areas.
[7]
Garages not a part of a garden apartment dwelling structure and accessory buildings shall be located at least 30 feet from the nearest building wall of a garden apartment dwelling structure.
[8]
Courtyards. Courtyards bounded on three or more sides by the wings of the same building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest building.
(2)
Building requirements.
(a)
The total number of one-bedroom or efficiency apartments shall not be less than 60% of the entire project.
(b)
No dwelling unit shall have more than two bedrooms.
(c)
Each dwelling unit shall contain complete kitchen facilities, as well as living space, and shall have a minimum gross floor area in accordance with the following schedule:
[1]
Unit containing cooking and living room area without separately partitioned bedroom, commonly known as "efficiency": 550 square feet of living area.
[2]
Unit containing, in addition to Subsection E(2)(c)[1] above, one separately partitioned and completely enclosed bedroom: 675 square feet of living area.
[3]
Unit containing, in addition to Subsection E(2)(c)[1] above, two separately partitioned and completely enclosed bedrooms: 800 square feet.
(d)
Storage space. In addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit 200 cubic feet of storage area in a convenient, centrally located area in the basement or ground floor of the dwelling structure or elsewhere where personal belongings and effects may be kept locked and separated from belongings of other occupants. There shall be a further minimum common storage area in each building for bicycles, perambulators and similar types of equipment, of 50 cubic feet per dwelling unit.
(e)
Off-street parking. Two parking spaces shall be provided for every dwelling unit. Parking areas shall be located within reasonable proximity of the dwelling structures which they serve. Parking spaces shall be nine feet wide and 19 feet in length and shall conform to the Schedule of Parking Space Dimensions referred to in § 550-8 of.Article IV of this chapter. Drives and aisles shall have a minimum width of 24 feet.
[Amended 11-10-1997 by L.L. No. 4-1997]
(f)
(g)
Private shelters or pavilions. Shelters or pavilions, open to the air and sun, shall be permitted for the common use of the residents of the garden apartment development. No shelter or pavilion shall exceed 300 square feet in area or one story in height.
(h)
Sufficient laundry, drying, garbage pickup and other utility areas must be provided and shall be located with a view both to convenience and to minimizing the detrimental effect on the aesthetic character of the development and shall be enclosed and shielded from view by fencing, walls or shrubbery of at least six feet in height around the perimeter. Fencing and walls shall be not less than 30% nor more than 50% of the vertical surface.
(i)
Private pedestrian walks shall be four feet in width and shall be provided wherever normal pedestrian traffic will occur; and public pedestrian walks shall be required along dedicated road frontage and must be constructed pursuant to the utility specifications of the Village of Fairport.
(j)
Interior development roads and pedestrian walks shall be provided with shade trees which are of optimum size and character. Open space adjacent to buildings and malls between buildings to be utilized by residents and border strips along interior development roads and along the sides of pedestrian walks shall be graded and seeded to provide a thick strand of grass or other plant material. Approaches to garden apartment dwelling structures and entrance areas shall be attractively shrubbed.
(k)
Interior development roads, parking areas, dwelling entrance ways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same and shall, where necessary, be shielded to avoid disturbing glare to occupants of buildings.
(l)
Top soil shall not be removed from the site during construction but shall be stored and redistributed to areas most exposed to view by occupants and the public, and such areas shall be stabilized by seeding or planting.
(m)
The land shall be so graded, paved areas so pitched and storm drains and catch basins so located as to provide for the rapid runoff of stormwaters and to avoid undue accumulations of water disturbing to occupants under normal weather conditions.
(n)
Other standards and conditions to the site plan and to curbing, driveways, parking areas, pedestrian walks, landscaping and planting not otherwise specified herein may be attached as conditions by the Planning Board.
(o)
All telephone and electric service utilities shall be installed underground in all garden apartment developments.
(p)
All utility construction, including but not limited to water, sewer and storm drainage systems, shall be completed in conformance with existing utility specifications of the Village of Fairport and to specific requirements as may be determined by the Village Engineer.
F.
Additional requirements for townhouse developments:
(1)
General requirements. The townhouses must be in harmony with and complementary to adjacent single-family residences or multifamily dwellings.
(2)
Size of lot; density of development.
(a)
There shall be at least one acre for each townhouse group.
(b)
No ground shall exceed an average density of more than eight townhouse units per acre. On small, irregular or otherwise marginal parcels, the Planning Board may further restrict the average density if, in its judgment, conditions warrant it.
(3)
Size of individual family unit: minimum of 800 square feet of enclosed living area.
(4)
Parking spaces. Each individual unit shall have two parking spaces which must be related to that unit, at least one of which must be wholly enclosed.
(5)
Yards. Each unit shall have a yard adjacent to it, which shall be reasonably secluded from the view of neighboring property or streets and shall have a minimum depth of 20 feet.
(6)
Front, side and rear setback. No front, side and rear setbacks are required, except when units are related to dedicated streets, in which case the front setback shall be 50 feet from the nearest dedicated street line. No buildings shall be closer than 40 feet to the exterior boundaries of the townhouse project.
(7)
Stairways. All stairways shall be located inside the building.
(8)
Access to public streets. No individual unit shall have direct access to a dedicated street.
(9)
Lot occupancy. The aggregate occupancy of townhouse buildings and all appurtenant structures shall not exceed 30% of the total project area.
(10)
Distance between buildings in a townhouse group. The minimum distance between separate buildings in a townhouse group shall be 20 feet or shall be equal to the height of the highest adjacent building, whichever is greater.
(11)
Utilities. There must be an adequate supply of public water for domestic consumption and fire-fighting purposes. Adequate provision must be made for the disposal of storm and sanitary sewage by connection to approved trunk sewers. Provisions for the disposal of storm and sanitary sewage must be approved by the Village Engineer and/or the Monroe County Department of Health before a permit shall be issued for the construction of any units. All utilities shall be installed underground. There shall be no exterior receiving or transmitting antenna of any type.
(13)
Commencement of construction. No site preparation or construction shall commence until final subdivision approval has been granted by the Planning Board, the Subdivision Map has been filed in the Monroe County Clerk's office and site plan approval has been granted by the Planning Board.
(14)
Outdoor storage. No personal property shall be stored outside of a residence or garage. This provision shall not prevent the proper parking of licensed motor vehicles on driveways or areas specified for parking.
§ 550-29 R-E Residential District.
The following regulations apply in the R-E Residential District:
B.
Additional requirements for two-family and multifamily dwellings:
(1)
Area and yard requirements.
(a)
No single-family dwelling containing less than 1,500 square feet of floor area convertible to living space, exclusive to basement and attic space, may be altered and converted so as to include two dwelling units. Where such dwelling contains not less than 2,000 square feet of floor area convertible to living quarters, exclusive of basement and attic space, it may be altered and converted so as to include an increased number of dwelling units.
(b)
Each dwelling unit shall have a minimum lot area of 3,500 square feet per family.
(c)
No major structural changes shall be made to the front or sides of such existing dwellings other than to provide light and ventilation for the units therein.
(e)
Minor extensions to the rear of the dwelling shall not exceed the existing height or width of the dwelling.
(f)
No outside stairway of any description shall be permitted, except those required for emergency use by state or local municipalities. In such event, such stairways shall, whenever possible, be placed on the rear wall of the building.
(g)
Two off-street parking spaces per dwelling unit shall be provided for the use of the occupants of the building.
[Amended 11-10-1997 by L.L. No. 4-1997]
§ 550-30 LC-R Limited Commercial-Residential District.
The following regulations apply in the LC-R Limited Commercial Residential District:
A.
B.
Permitted accessory uses:
(1)
Private garages and carports.
(2)
Noncommercial workshops as part of the principal building or private garage.
(3)
Other normal residential secondary structures, such as outdoor barbecues, fireplaces, trellises and lampposts.
(4)
Television antennae not exceeding 35 feet in height.
(5)
Minor home occupations.
[Added 10-15-1996 by L.L. No. 7-1996]
(6)
A reflector or parabolic antenna designed to receive radio or television signals that is two meters (78.75 inches) or less in diameter in any area.
[Added 11-10-1997 by L.L. No. 4-1997]
C.
Use limitations:
(1)
Residential and nonresidential uses may be combined in a structure, but no structure shall house more than three nonresidential uses.
(2)
No structure originally designed for residential use shall be altered or converted in whole or in part to a nonresidential use permitted under this section prior to review and approval of plans therefor by the Planning Board.
(3)
No building permit for new construction or for work affecting the exterior of a structure shall be issued prior to review and approval of plans therefor by the Planning Board.
D.
Planning Board review. In any review of plans pursuant to Subsection C of this section, the Planning Board shall consider the style and scale of the structure, its dominant architectural features, such as roof pitch and outline, porches, number and style of window and door openings, the color and texture of building materials. The Planning Board shall require such plans and specifications, details of construction and samples of materials as it may deem necessary. Approval of plans shall be given only after the Planning Board has determined that the proposed construction, alteration or change will retain, to the maximum extent practicable, the scale and style of residential structures within the district.
E.
Area and bulk requirements:
(1)
Minimum lot size: 6,000 square feet.
(2)
Except as noted above, the building height, lot and yard dimension requirements shall be the same as for the R-E Residential District as specified in the Schedule of Lot, Yard and Bulk Requirements[1] and § 550-29B.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
F.
Landscape and fence regulations:
(2)
Section 550-48A, Landscaping, shall not apply to the LC-R Limited Commercial-Residential District.
(3)
Each parking area for four or more vehicles shall be shielded by a compact evergreen hedge having an initial height of four feet and maintained at six feet or a solid fence six feet in height, so as to minimize the visual impact of said area from all directions.
(4)
Each owner and tenant of property required by this section to provide and maintain fencing or hedging shall maintain the same in a clean, trim, well-nourished or well-painted upright condition.
G.
Off-street parking:
(2)
Adjoining properties may combine off-street parking areas as provided in § 550-49A(6). Legal cross-easement agreements must be approved by the Village Attorney.
(3)
Each parking area, except one servicing only a one- or two-family dwelling, shall be provided with a turnaround so as to permit cars to exit without backing onto a public street or sidewalk.
(4)
Parking areas shall not be located and the parking of vehicles shall not be permitted in a front yard. No parking area shall be located closer than 10 feet to a public street.
(5)
Any lighting used to illuminate off-street parking shall be so arranged as to prevent direct glare of beams of light onto any adjoining property or street.
(6)
No display vehicle or trailer device for commercial purposes shall remain in the district for longer than 24 consecutive hours. Only passenger cars and pickup and panel trucks may be parked on open driveways. All other vehicles must be parked inside an enclosed garage.
(7)
Two off-street parking spaces shall be provided for each single-family dwelling. All other residential uses shall provide two off-street parking spaces per dwelling unit.
[Amended 11-10-1997 by L.L. No. 4-1997]
(8)
Each retail store, service shop and business and professional office shall provide one off-street parking space for each 300 square feet of net floor area or major fraction thereof.
§ 550-31 CD Canal District.
[Added 4-6-1999 by L.L. No. 3-1999]
A.
Purpose and intent.
(1)
In accordance with the Fairport Comprehensive Plan, the CD Canal District is established to provide unique opportunities for the development and maintenance of uses within certain areas adjacent to the Erie Canal in a manner which will protect unique and sensitive environmental features that exist along the Canal, promote and encourage public access to the Canal and encourage appropriate recreational uses and other appropriate development within the Canal District.
(2)
The Canal District permits certain recreational, open space, business and residential uses which will generally benefit from and enhance the unique aesthetic, recreational and environmental attributes of the waterfront area.
(3)
The Canal District is established for the following purposes:
(a)
Ensure that development and land use activities along the Erie Canal, in those locations identified in the Comprehensive Plan, will occur in harmony with the environmental and ecological systems that exist in those waterfront areas.
(b)
Promote the most desirable and appropriate use of land and building development based upon consideration of soil characteristics and other natural features, environmental constraints, neighborhood characteristics and overall community needs; protect the character of the district; conserve the value of lands and buildings; and protect the tax revenue base.
(c)
Provide a desirable mix of recreational opportunities, business uses and residential uses which complement each other and take advantage of the unique location and characteristics of the Erie Canal; encourage flexibility of design and preservation of unique environmental features; and maintain the aesthetic quality of waterfront areas by establishing appropriate dimensional requirements for each use, thereby promoting a more creative and imaginative design for development of waterfront areas than would be possible under more conventional zoning.
(d)
Preserve, to the maximum extent practicable, existing vegetation and natural features along the Erie Canal and prevent, as much as possible, erosion, sedimentation and problems with drainage both during and after construction.
(e)
Promote public access to the Erie Canal in a manner which is compatible with the primary purpose of the proposed activity or development.
(f)
Encourage coordination with public agencies and private organizations involved with canal-use planning or canal-related development.
B.
Permitted uses.
(2)
Commercial uses:
(a)
Retail stores, restaurants and specialized service shops, at a scale to be determined by the Planning Board, which are appropriate for the location given the nature of the site, surrounding land uses and the specific purposes established for this district.
(b)
Boat, bicycle and other recreational rentals.
(c)
Arts and crafts studios.
(d)
Theaters, playhouses and other entertainment facilities.
(e)
Offices.
(3)
Municipal uses.
C.
Special permit uses (See § 550-52).
(2)
(3)
Mixed uses; provided, however, that the Planning Board shall approve the mix and the ratio of uses.
D.
Accessory uses. The following accessory uses are permitted in the Canal District, provided that they are incidental to a use enumerated in Subsections B and C above:
(6)
Storage structures for nonresidential uses (e.g., rental boat storage).
(7)
Sheds, private garages and other normal residential accessory structures.
(8)
A reflector or parabolic antenna, designed to receive radio or television signals, that is two meters or less (78.75 inches or less) in diameter in any area.
E.
Area and bulk requirements.
(4)
For parcels not fronting on a public street that abut the "Blue Line" of the Erie Canal. Area and bulk requirements shall be as specified in the schedule referred to in § 550-8 of Article IV for the B-1 Commercial District, except that side yard minimum yard requirements shall be 10 feet and front yard (facing the Canal) minimum yard requirements shall be 15 feet.
F.
Parking requirements.
(1)
Parking provisions and standards.
(a)
The provision of required parking spaces may be accomplished by use of both on-site and off-site spaces. The required parking spaces listed in Subsection F(1)(b) below shall be the minimum number of spaces that any proposed development in the Canal District shall provide. Fifty percent of the required spaces must be provided on site; the remaining 50% may be located off site.
(b)
The 50-50 stipulation shall not apply to required spaces for residential use, all of which must be provided on-site. In the case of a mixed use development, required spaces for residential units shall not be considered in the calculation for the 50-50 stipulation; i.e., the 50-50 stipulation applies only to those spaces required for nonresidential uses.
(c)
The determination of the applicability of the 50-50 shared parking stipulation shall be made by the Planning Board during the site plan review process. The Planning Board shall make its determination based on a consideration of the following:
[1]
Whether there is adequate additional public and private parking off-site that will accommodate the project's demands, on the advice of the Village Administrator.
[2]
Whether the physical setting for the project and off-site parking will provide adequate pedestrian safety and access.
[3]
The land on which off-site parking is located shall be held in fee simple by the owner of the use served or in such other tenure satisfactory to the Village Attorney as assures continued availability for parking as long as the particular land will be needed for such use.
[4]
That exclusive use of the private parking area be enforced by the owner of the off-site parking area.
(2)
Required parking spaces.
(a)
Townhouses: two spaces per unit, one of which is enclosed.
(b)
Other multiple-family dwellings: two spaces per unit.
(c)
Service, retail and office use: one space per every 300 square feet of net floor area or major fraction thereof.
(d)
Restaurants: number of spaces as required by § 550-49B(9).
(e)
Hotel/boatels: one space per sleeping room plus one space for each employee per shift; the Planning Board, as part of the special use permit process, shall have the right to modify this requirement in a manner consistent with the public health and safety.
(f)
For mixed use developments, the number of parking spaces shall be determined by the Planning Board after consideration of the nature, times and seasons of the different uses. The Planning Board may require an aggregation of the separate parking requirements for each use, and of such lesser number as will provide safe, efficient parking consistent with use patterns.
G.
Canal Path access and protection. The Planning Board shall seek to ensure that there is adequate access to and protection of the Canal Path through the site plan review process. Specifically, the Planning Board shall ensure that:
(1)
To the extent feasible, each nonresidential use abutting the canal shall provide and maintain an access to the Canal Path.
(2)
Each parking area that is adjacent to the Canal Path shall be screened from the path by means of a buffer strip, as defined in § 550-4.
(3)
A public access way may be required by the Planning Board from the building and/or parking area to the Canal Path.
I.
Loading requirements. The provision of standing, loading and unloading space shall be determined by the Planning Board during the site plan review process. The Planning Board shall base its decision on the projected need for loading space by the particular nature of the use proposed and the availability of loading/delivery areas on public roadways. The Board may require a designated loading zone, the dimensions of which shall correspond to § 550-51 for each structure having over 5,000 square feet of dedicated commercial use and an additional loading zone for each additional 20,000 square feet dedicated to commercial use.
J.
Site plan review.
(1)
Any proposed development, change of use or building alteration in the Canal District shall be subject to site plan review by the Planning Board, following the procedures set forth in Article VI.
(2)
All proposed developments on lots abutting the Canal shall be designed in such a way as to mitigate potential hazards of seepage from the Canal and to maintain the stability of the Canal bank. Proposed plans for development adjacent to the Canal must bear the certificate of a licensed professional engineer or licensed civil engineer that the development will not permit seepage from the Canal.
K.
Other required approvals. Prior to final action by any Village agency or board on a proposed development in the Canal District, plans of such development shall be submitted to the Division Engineer of the New York State Thruway Authority or other agency having jurisdiction for review and approval of the following:
(1)
Location, design and installation of any proposed docks or boat slips.
(2)
Any proposed development within the state-owned land along the Canal, including any proposed trail or pedestrian connection to the Canal Path.
(3)
Any proposed development immediately adjacent to state-owned land for review of potential drainage impacts on state-owned land.
§ 550-32 NB Neighborhood Business District.
The following regulations apply in the NB Neighborhood Business District:
A.
Permitted uses:
(1)
One retail grocery store, having no more than 2,000 square feet.
(2)
One retail liquor store, having no more than 800 square feet.
(3)
One restaurant, having no more than 2,500 square feet.
(5)
A change in use from one or more of the foregoing to a compatible neighborhood service-oriented business, such as a barbershop, beauty salon or drugstore.
C.
Area and bulk requirements. The building height, lot and yard dimension requirements shall be the same as for the B-1 Commercial District, as specified in the Schedule of Lot, Yard and Bulk Requirements.[1]
[1]
Editor's Note: Said schedule is included at the end of this chapter.
D.
Planning Board review. No building permit shall be issued for new construction or for modifications or additions to existing structures within the NB Neighborhood Business District except upon prior approval of a site plan therefor by the Planning Board.
§ 550-33 B-1 Commercial District.
The following regulations apply in the B-1 Commercial District:
A.
Permitted uses:
[Amended 11-10-1997 by L.L. No. 4-1997; 4-10-2023 by L.L. No. 4-2023]
(1)
Stores, shops and markets where goods are sold or personal services are rendered that are clearly incidental to the retail business.
(2)
Business and professional offices, banks and fiduciary institutions.
(3)
Restaurants.
(4)
Bars.
(5)
Mortuaries or funeral homes.
(6)
Theaters.
(7)
Assembly halls, bowling alleys and other similar commercial recreational activities, provided that they are carried on within a building.
(8)
Municipal buildings, parks and playgrounds.
(9)
Temporary buildings, parks and playgrounds.
(11)
Child day-care services.
B.
Permitted accessory uses:
D.
Uses requiring a special use permit application, subject to § 550-52:
[Amended 10-15-1996 by L.L. No. 7-1996; 11-10-1997 by L.L. No. 4-1997]
E.
Additional requirements for B-1 Commercial Districts. Where the property line of a proposed commercial lot abuts or is across the street from a residential zone, a buffer or landscape area shall be established, which shall include an area of land 10 feet in width as measured from said property line. For the purpose of establishing a building setback line along the buffer area, all front, side and rear yard lines shall be increased by a depth of 20 feet. The buffer screen or landscaped area shall meet the standards set forth in Article X, § 550-48.
§ 550-34 M-1 Industrial District.
The following apply in the M-1 Industrial District:
A.
Permitted uses:
[Amended 11-10-1997 by L.L. No. 4-1997]
(1)
All uses permitted in the B-1 Commercial District.
(8)
The warehousing or storage of goods and products.
(9)
Office buildings for executive or administrative purposes.
(10)
Other permissible industries, including but not limited to:
(a)
Brush and broom manufacturing.
(b)
Electric light and power and other utility company installations.
(c)
Electronic products.
(d)
Farm machinery (sales and service).
(e)
Glass and glass products manufacturing.
(f)
Jewelry manufacturing, including gem polishing.
(g)
Leather goods manufacturing, except the curing, tanning and finishing of hides.
(h)
Pharmaceutical products and manufacturing.
(i)
Photo finishing.
(j)
Pottery and ceramic products manufacturing.
(k)
Printing plants.
(l)
Sporting goods manufacturing.
(m)
Thread and yarn manufacturing.
(11)
Municipal functions conducted in the public interest.
(12)
Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
(13)
Railroad rights-of-way and terminal facilities.
(14)
Truck terminal facilities.
B.
E.
Performance requirements for industrial uses. If the performance characteristics of any proposed industrial use are questionable, a building permit may be withheld until the application for such use shall, upon request of the Planning Board, furnish any or all of the following:
(1)
A site plan conforming to the requirements established under Article VI shall be submitted to the Planning Board for its review and approval. The site plan, together with the Planning Board's recommendations, shall then be forwarded to the Board of Trustees for its approval.
(2)
A detailed description of the proposed industrial process and its product.
(3)
Reports prepared by competent technical experts showing that:
(a)
Dissemination of smoke, dust, odors, fumes and other obnoxious gases shall be within the limit of the industrial tolerance standards of the State Department of Health Bureau of Adult and Industrial Health.
(b)
Liquid wastes and effluents shall be discharged into an approved existing sewage treatment plant in accordance with the plant's regulations or shall be treated in a treatment plant or process which is in compliance with the state statutes and with requirements of the State Department of Health.
(c)
Precaution against fire hazards, radiation and explosion, proper handling and storage of materials and structural design and safeguards for health of workers shall comply with the state statutes and requirements of the State Department of Labor and Industry.
(d)
No vibration or glare will be evident at any point more than 150 feet from the source of said vibration or light.
(4)
All industrial uses must stay within the tolerance standards set forth above, and the user shall furnish proof of this when asked to do so by the appropriate authorities.
F.
Other requirements for industrial uses.
(1)
Prohibited uses in the M-1 Industrial District shall include but shall not necessarily be limited to the following uses:
(a)
Any use which, by its nature, would have a tendency to create objectionable conditions due to the emission of smoke, noise or odor or in any way result in a detrimental effect upon the surrounding area and the general community.
(2)
Buffering and landscaping. Whenever a property line of an industrial lot abuts or is across the street from a residential zone, a buffer area shall be established which shall include an area of land 50 feet in width as measured from said property line. For the purpose of establishing a building setback line along buffer areas, all front, side and rear yard lines shall be increased by a depth of 50 feet. The buffer screen shall meet the standards set forth in Article X, § 550-48.[1]
[1]
Editor's Note: Original Subsections G and H, regarding tour/excursion boats and hire boats and commercial enterprises within the "Blue Line" of the Erie Canal, respectively, added 4-8-1996 by L.L. No. 4-1996, which subsections immediately followed this subsection, were repealed 4-6-1999 by L.L. No. 3-1999. See § 550-52D and E.