Word usage.

As used in this chapter, the following terms shall have the meanings indicated:

An application for a building permit or certificate of occupancy for a use subject to the performance standards procedure shall include site plan specifications of proposed construction and a description of the proposed machinery, operations and products, and specifications for the mechanisms and techniques to be used in restricting any objectionable or unnecessarily dangerous emissions and elements to the community. The applicant shall also submit with such plans and specifications an affidavit acknowledging his understanding of the applicable performance standards and stating his agreement to conform to the same at all times. During the course of site plan review, the Planning Board shall determine if the applicant's proposal falls within the performance standards.

The Planning Board may require the applicants, at their own expense, to provide such evidence as it deems necessary to determine whether the proposed use will conform to said standards. The Planning Board shall conduct a site plan review for all applicants.

If, upon majority vote of the members of the Planning Board, the Planning Board deems it necessary, expert advice may be obtained, with the cost of such advice paid by applicant as a condition of further consideration of his application. The Planning Board shall have the authority to select or reject any expert recommended by the applicant. The report of any expert consultants shall be promptly furnished to the applicant.

During the course of site plan and/or special permit review as herein provided, the Planning Board will determine if the applicant's proposal will conform to the performance standards and standards of these regulations. Thereafter, and within 10 days of its determination, the Planning Board will report its findings to the Board of Trustees of the Village of Holley, and said Board of Trustees shall then complete any special use permit application and review in accordance with the procedural requirements set forth in this chapter pertaining to special use permit applications. Special uses shall be permitted only upon authorization of the Village Board of Trustees. In all matters before the Board of Trustees as hereinafter provided, the Board of Trustees shall cause notice of any public hearing to be posted conspicuously in at least five places within the municipality and publish notice at least once in the official newspaper of the Village of Holley, the first publication being at least 10 days prior to the date of such public hearing.

Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy. No use hereafter shall be established, altered, moved or expanded unless it complies with the performance standards set forth in this section.

The applicant will provide all information necessary for the lead agency to comply with the New York State Environmental Quality Review Act at the time of site plan review.

Administrative, including municipal, public service and public utility buildings, educational, professional entities, including medical operations and other related activities.

Day -care centers operated with and on the same property that shall provide a service primarily for the employees within the industry.

Graphic arts and other light printing operations, but subject to limitations imposed by applicable ordinance, local laws, rules and regulations of the Village of Holley, including provisions of Chapter 201, Sewer Use.

Light manufacturing, assembly, fabricating or packaging of products from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones.

Scientific research (including biologically based research) or experimental development of materials, methods or products, including engineering and laboratory research.

Warehouse and distribution uses.

Any use of a similar nature but not included in this section, and which is consistent with the stated purpose of the Light Industrial District. Uses of a similar nature shall be determined by Board of Trustees at the time of special use permit application as set forth in § 265-15D.

Manufacturing facilities for radioactive products or any other facilities which use radioactive products in their manufacturing process or which produce radioactive products.

Landfill disposal sites or operations for the disposal of household refuse, commercial and industrial garbage and waste, building and construction debris, medical waste or petroleum-based materials, including used or recycled oil disposal facilities or recycling or disposal of used tires. In addition, landfilling, dumping, injecting or disposal of hazardous material or toxic waste is prohibited.

Waste material incinerators and construction and demolition debris landfills.

Microwave, VHF, cellular phone and radar transmission towers.

All facilities which produce an end product which is a base, intermediate, secondary, primary or finished chemical product.

Industries using reportable quantities of chemicals under EPCRA (Emergency Planning and Community Right to Know Act).

Waste management facilities or chemical process facilities of any kind other than those incidental to light industry other than storage for less than 90 days of waste generated by such facility on site.

No waste, construction, recycling or garbage transfer stations.

Excavation and mining, including removal of topsoil or other subsurface soils for use or sale off premises.

Any use of a similar nature but not included in this section, and which is inconsistent with the stated purpose of the Light Industrial District. Uses of a similar nature shall be determined by the Village Board of Trustees and not by the Code Enforcement Officer, Planning Board or Zoning Board of Appeals. A written application for determination shall be submitted to the Board of Trustees, and such Board shall issue its determination with public hearing within 30 days of receipt of application for determination by the Village Clerk.

Minimum district size: five acres.

Lot area: minimum of 40,000 square feet.

Lot width: minimum of 200 feet.

Lot depth: minimum of 200 feet.

Front yard: minimum setback of 50 feet from the center line of the district road, upon which the main entrance of the building fronts; not the main highway.

Side yard: minimum setback of 30 feet. This side yard shall be exclusive of and in addition to any required buffer area.

Rear yard: minimum setback of 70 feet. This rear yard shall be exclusive of and in addition to any required buffer area.

Permitted height should be no more than two stories, or 35 feet, above existing grade. The permitted exceptions to this height regulation are: chimneys, cooling towers, elevators, bulkheads, fire towers, grain elevators, water towers, ornamental towers, communications, radio or television towers, or necessary mechanical appurtenances, which shall not be more than 75 feet above existing grade. No sign, nameplate, display, or advertising device of any kind whatsoever shall be inscribed upon or attached to any chimney, tower or other structure which extends above the height limitations of the buildings.

Lot coverage. All building structures, including accessory buildings, shall cover no more than the following examples of the lot area:

The buffer zone will be a green area divider between the Light Industrial Park and the R-1 or R-2 Zones for 80 feet in width. In this area trees will be planted with a minimum height of four feet and a maturity of over eight feet. This area will also be shrubbed and/or flowered to be acceptable to the Planning Board. A fully landscaped soil berm six feet in height maximum and 30 feet wide minimum and the length of the bordering zone shall be an acceptable alternative which would include living trees and shrubs equal to the divider description. The reason for the buffer zone is to screen and divide the different zone uses and to carry on the campus-like area.

This buffer zone shall be constructed by the user and completed within one year, maintained at the expense of the user or, in its absence, the cost shall be borne by the property owner. No excavating, other than utility repairs, can be done after the certificate of occupancy is issued to alter the buffer zone without written permission from the Planning Board.

All uses, construction, new uses or any changes within the Light Industrial Park shall be subject to site plan approval by the Planning Board and/or special use permit application, if necessary for the project.

All administration, assembly, development, engineering, manufacturing, other work shall be performed within the enclosed building. Consideration of outside storage shall be a part of the applicant's site plan review process.

All storage of flammable and explosive materials shall be confined to a location with adequate safety devices against the hazards of fire and explosion. Adequate fire-fighting and fire-suppression equipment and other devices standard in the industry shall be provided. Burning of waste materials in open fires is prohibited at any point. Other relevant provisions of state and local laws and regulations shall also apply.

No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond the lot lines, nor shall any vibration produced exceed 0.002g peak at up to a frequency of 50 cycles per second, measured at or beyond the lot lines using either seismic or electronic vibration-measuring equipment. Vibrations occurring at higher than a frequency of 50 cycles per second or a periodic vibration shall not induce accelerations exceeding 0.001g. Single-impulse periodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.01g.

The maximum decibel levels radiated by any use or facility at any lot line shall not exceed the values in the designated octave bands given in Table I. Routine exterior maintenance and vehicular traffic is excluded. The sound-pressure level shall be measured with a sound-level meter and associated octave-band analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound-Level Meters for Measurement of Noise and Other Sound, Z24.3-1944, American Standards Association, Inc., New York, and American Standard Specifications for an Octave-Bank Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, New York, shall be used.)

Smoke, dust and other atmospheric pollutants shall not be permitted, regardless of quantity, if they will be in any way detrimental to the public health, safety, welfare or comfort, or a source of damage to property. The density emission of smoke or any other discharge into the atmosphere during normal operations shall not exceed visible gray smoke of a shade equal to or darker than No. 2 on the standard Ringelmann Chart. (A Ringelmann Chart is a chart published by the United States Bureau of Mines, which shows graduated shades of gray for use in estimating the light-obscuring capacity of smoke.) These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an apparent equivalent opacity.

No land use shall be permitted which emits any discernible odor, outside the building in which the use is conducted. Any process that may involve the creation of any odor shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. The values given in Table III (Odor Thresholds), Chapter 5, "Physiological Effects" in the "Air Pollution Abatement Manual," by the Manufacturing Chemist's Association, Inc., Washington, D.C., copyright 1959, are to be used as standards in case of doubt concerning the character of odors emitted. In such case, the smallest value given in Table III is to be the maximum odor permitted. Detailed plans for the prevention of odors shall be required before the issuance of a building/land use or special permit.

No use of toxic or noxious matter shall be permitted which will cause any dissemination whatsoever of toxic or noxious matter outside the building in which the use is conducted. The Village Board of Trustees and not the Planning Board, Zoning Board of Appeals or Code Enforcement Officer, will be the final judge of any possible toxic or noxious matter.

It shall be unlawful to operate, or cause to be operated, any planned or intentional sources of electromagnetic radiation which do not comply with the current regulations of the Federal Communications Commission regarding communications facilities, governmental agencies and government-owned plants; the regulations regarding such sources of electromagnetic radiation of the Interdepartment Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission. Further, said operation in compliance with the Federal Communications Commission or the Interdepartment Radio Advisory Committee regulation shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious reradiation, harmonic content, modulation or energy conducted by power or telephone lines. The determination of abnormal degradation in performance and of quality and proper design shall be made in accordance with good engineering practices, as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in interpretation of the standards and principles shall apply: American Institute of Electrical Engineers; Institute of Radio Engineers; and Electronic Industries Association. High-voltage lines are prohibited from crossing over homes and playgrounds.

No activities shall be permitted which emit dangerous radioactive radiation at any point beyond the property lines. The handling of radioactive materials, the discharge of such materials into the air and water and the disposal of radioactive wastes shall be in conformance with the regulations of the Atomic Energy Commission, Standards for Protection Against Radiation, as amended, and all applicable regulations of the State of New York. Any radioactive materials used within the Light Industrial District shall be limited to those minute quantities of radioactive material commonly found in medical equipment, printing operations, static control, close-tolerance measuring equipment, fire detection systems, and similar applications.

Glare. No such direct glare shall be permitted, with the exception that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum glare of the cone of direct illumination shall be 60° drawn perpendicular to the ground, and with the exception that such angle may be increased to 90° if the luminary is less than four feet above ground. Indirect glare shall not exceed that value which is produced by an illumination of the reflecting surface, not to exceed 0.3 footcandle (maximum) or 0.1 footcandle (average). Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited.

Liquid or solid wastes. No discharge shall be permitted at any point into any public sewer or stream or into the ground, except in accord with standards approved by the State and County Departments of Health, and local ordinances, of any materials of such nature or temperatures as can contaminate any water supply or that accumulates conducive to the breeding of rodents or insects. There shall be no accumulation of solid wastes except to provide for the economical disposal of solid waste by a private waste hauler at least once per week.

The architectural and general appearance of all grounds and buildings shall be of such design as to be an asset to the area and shall be determined by the Planning Board as part of the site plan review.

Illuminating devices shall be so located and screened that in the opinion of the Planning Board such illuminating devices shall not cause effects that could or would be distracting or cause hazardous conditions.

For purposes of the Light Industrial District, the aforementioned performance standards shall govern rather than those set forth in Appendix I of this chapter.

For Light Industrial District users, every building erected or established having a gross floor area of 9,000 square feet or more shall provide and maintain at least one off-street loading space plus one additional off-street loading space for each 20,000 square feet of gross floor area.

Each loading space shall be not less than 12 feet in width, 25 feet in length, and 14 feet in height and may occupy all or any part of any required yard.

Off-street parking requirements shall be subject to modification by the Planning Board.

The total number of permitted signs on a single business or industrial lot shall not exceed one sign, with a size, or surface area, calculated at a rate of one square foot of sign area per linear foot of building front, but in no case shall exceed 100 square feet in total cumulative surface area, whichever is less; illuminated, if requested, per company. The sign's wording is to be limited to the company's identification information. Such signs, flat against the building, may contain only property numbers or other identification information. No signs shall be placed upon the roof of any building.

The location of proposed signs to any highway or building shall be within the discretion of the Planning Board at site plan review.

One directory sign no larger than eight feet by eight feet may be constructed at the entrance of any Light Industrial Park.

In any front yard they may not exceed three feet over the elevation of the curb or ground surface.

In any side or rear yard they may not exceed six feet over the ground surface, exclusive of the buffer zone.

Fences, hedges, screen plantings, berms and walls may be required by the Planning Board.

The Code Enforcement Officer shall give written notice, by registered or certified mail, to the owner and tenants of the property upon which the alleged violation occurs, describing the particulars of the alleged violation and the reasons why it is believed that there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Building Inspector within a reasonable time limit set by said Inspector. The notice shall state, and it is hereby declared, that failure to reply, or to correct the alleged violation to the satisfaction of the Code Enforcement Officer within the time limit, constitutes admission of a violation of this chapter. The notice shall further state that, upon request of those to whom it is directed, technical determinations of the nature and extent of the violation as alleged will be made by an expert appointed by the Board of Trustees, and that, if violation as alleged is found, costs of the determinations will be charged against those responsible, in addition to such other penalties as may be appropriate, and that, if it is determined that no violation exists, costs of determination will be borne by the Village.

If, within the time limit set, there is no reply, but the alleged violation is corrected to the satisfaction of the Code Enforcement Officer, he shall note "Violation Corrected" on his copy of the notice and shall retain it among his records.

All codes, procedures, permitted uses, special uses and special use permits shall take precedence for the Light Industrial District over the existing Zoning Ordinance, except where named.

Any person, firm, or company who violates, disobeys, neglects, or refuses to comply with any provision of this chapter shall be guilty of an offense and shall be subject to a fine of not more than $1,000 per offense, recoverable with costs, together with judgment or imprisonment not exceeding six months if the amount of said judgment is not paid. For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors, including fines imposed upon corporations, shall apply to such violations. Each week a violation is continued shall be deemed a separate offense.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this chapter or of any ordinance or regulation made under authority conferred hereby, the Village Board of Trustees or, with its approval, the Zoning Enforcement Officer, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.