Livonia City Zoning Code
ARTICLE VI
Zoning District Regulations
§ 150-31 NR Neighborhood Residential District.
A.
Intent. The purpose of the NR Neighborhood Residential District is to accommodate a variety of residential development at a density of three to eight dwelling units per acre in land areas where public water and sanitary sewer services are available, and at a lower density where the extension of such utilities is anticipated but not yet in place. A primary goal of this district is to efficiently utilize existing municipal services while providing convenient access to employment, retail, service, institutional and recreational centers. This shall be achieved by integrating residential neighborhoods, open spaces, scenic vistas and natural features in order to maintain community character and identity. Incentive zoning or density bonuses may be granted in accordance with § 150-67 on the condition that specific physical, environmental and cultural amenities would benefit the community.
B.
Permitted uses. Permitted uses shall be as follows, subject to the requirements specified below and elsewhere in this chapter, especially site plan approval in accordance with Article XIV, landscaping in accordance with Article IX, overall development in accordance with Article VII, Regulations Applicable to All Zoning Districts, and, if applicable, subdivision approval in accordance with Chapter 125.
C.
Accessory uses.
(1)
Uses customarily incidental to the above.
(3)
Garage and accessory building.
(4)
Fence.
(5)
Gardening and horticultural use, including greenhouse.
(6)
Toolhouse, shed and similar building for storage of domestic supplies and noncommercial recreational equipment.
(7)
Private garage, parking space and carport for licensed and operable passenger cars and trucks.
(11)
Pools, private and public.
(12)
Solar panels.
D.
Uses permitted with a conditional use permit from the Joint Zoning Board of Appeals, subject to the requirements of § 150-17B. Such uses are subject to the general development standards for specific uses found in Article VII, Regulations Applicable to All Zoning Districts; to site plan approval in accordance with Article XIV; to landscaping requirements in accordance with Article IX; and to other standards as may be required under site plan review by the Joint Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
(2)
Residential care facility.
(3)
Public utility.
(4)
Public use, such as a place of worship, park or school.
(5)
Bed-and-breakfast dwelling.
(6)
Funeral home.
(7)
Day-care center.
(11)
Professional services office, such as, but not limited to, law office, accounting office, dental office, doctor office, veterinary office, architect or engineer office or land surveyor office, where such use is the primary use of the property.
[Added 6-18-2020 by L.L. No. 2-2020]
E.
Lot size. Lot size for multifamily and mixed residential developments shall be guided by the multifamily density standard of eight units per acre.
Minimum Area (square feet) | Minimum Width** (feet) | |||
|---|---|---|---|---|
Single-family dwelling: | ||||
With public water and sanitary sewer | 15,000 | 90 | ||
With public water only | 20,000 | 100 | ||
With no public utilities | 40,000 | 150 | ||
Two-family dwelling: | ||||
With public water and sanitary sewer | 20,000 | 90 | ||
With public water only | 40,000 | 100 | ||
With no public utilities | 80,000 | 150 | ||
NOTE: | ||
|---|---|---|
** | Lots that have less than the minimum required lot width at the road shall meet the driveway requirements of the Town design criteria, and the front lot line shall be a point at which the lot meets the minimum width requirements. | |
F.
Lot coverage. Maximum lot coverage, including buildings and structures, shall not exceed 25% of the area of the parcel.
H.
Height. The maximum permitted height of any structure or dwelling shall not exceed 35 feet, except that chimneys attached to such structures may extend five feet above the highest point of the building.
§ 150-32 ARC-3 Agricultural Residential Conservation-3 District.
A.
Intent. The purpose of the ARC-3 Agricultural Residential Conservation-3 District is to accommodate limited residential development at a density of 0.33 dwelling units per acre. Suitable locations are outside of neighborhood service centers and where public water and/or sewers are not presently available and where extension of such facilities is discouraged by the Comprehensive Plan. This district is created to encourage the preservation of open space and natural features while accommodating the coexistence of residential, agricultural and other land-based operations.
B.
Permitted uses. Permitted uses shall be as follows, subject to the requirements specified below and elsewhere in this chapter, especially site plan approval in accordance with Article XIV; landscaping in accordance with Article IX; overall development in accordance with Article VII, Regulations Applicable to All Zoning Districts; and, if applicable, subdivision approval in accordance with Chapter 125.
C.
Accessory uses.
(1)
Uses customarily incidental to the above.
(3)
Garage and accessory building.
(4)
Fence.
(5)
Gardening and horticultural use, including greenhouse.
(6)
Toolhouse, shed and similar building for storage of domestic supplies and noncommercial recreational equipment.
(7)
Private garage, parking space and carport for licensed and operable passenger cars and trucks.
(11)
Wind generators/solar panels.
(12)
Outdoor wood boilers.
(13)
Pools, private and public.
D.
Uses permitted with a conditional use permit from the Joint Zoning Board of Appeals, subject to the requirements of § 150-17B. Such uses are subject to the general development standards for specific uses found in Article VII, Regulations Applicable to All Zoning Districts; to site plan approval in accordance with Article XIV; to landscaping requirements in accordance with Article IX; and to other standards as may be required under site plan review by the Joint Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
E.
Lot size.
(1)
Minimum area: three acres.
(2)
Minimum width: 250 feet. Lots that have less than the minimum required lot width at the road shall meet the driveway requirements of the Town design criteria, and the minimum front setbacks shall be measured from a point at which the lot meets the minimum width requirements.
F.
Lot coverage. Maximum lot coverage, including buildings and structures, shall not exceed 10% of the area of the parcel.
H.
Height. The maximum permitted height of any structure or dwelling shall not exceed 35 feet, except that chimneys attached to such structures may extend five feet above the highest point of the building.
§ 150-33 ARC-5 Agricultural Residential Conservation-5 District.
A.
Intent. The purpose of the ARC-5 Agricultural Residential Conservation-5 District is to maintain and provide land area within the Town for residential development at a density of 0.20 dwelling units per acre where public water and/or sewers are not available, in order to preserve agricultural operations as well as rural open spaces which define the character of Livonia. This district is created to encourage the preservation of open space and natural features while accommodating the coexistence of residential, agricultural and other land-based operations.
B.
Permitted uses. Permitted uses shall be as follows, subject to the requirements specified below and elsewhere in this chapter, especially site plan approval in accordance with Article XIV; landscaping in accordance with Article IX; overall development in accordance with Article VII, Regulations Applicable to All Zoning Districts; and, if applicable, subdivision approval in accordance with Chapter 125.
C.
Accessory uses.
(1)
Uses customarily incidental to the above.
(3)
Garage and accessory building.
(4)
Fence.
(5)
Gardening and horticultural use, including greenhouse.
(6)
Toolhouse, shed and similar building for storage of domestic supplies and noncommercial recreational equipment.
(7)
Private garage, parking space and carport for licensed and operable passenger cars and trucks.
(11)
Wind generators/solar panels.
(12)
Outdoor wood boilers.
(13)
Pools, private and public.
D.
Uses permitted with a conditional use permit from the Joint Zoning Board of Appeals, subject to the requirements of § 150-17B. Such uses are subject to the general development standards for specific uses found in Article VII, Regulations Applicable to All Zoning Districts; to site plan approval in accordance with Article XIV; to landscaping requirements in accordance with Article IX; and to other standards as may be required under site plan review by the Joint Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
E.
Lot size.
(1)
Minimum area: five acres.
(2)
Minimum width: 350 feet. Lots that have less than the minimum required lot width at the road shall meet the driveway requirements of the Town design criteria, and the minimum front setbacks shall be measured from a point at which the lot meets the minimum width requirements.
F.
Lot coverage. Maximum lot coverage, including buildings and structures, shall not exceed 10% of the area of the parcel.
H.
Height. The maximum permitted height of any structure or dwelling shall not exceed 35 feet, except that chimneys attached to such structures may extend five feet above the highest point of the building.
§ 150-34 MUHD Mixed Use Hamlet District.
A.
Intent. The purpose of the Mixed Use Hamlet District is to recognizes those specific areas within the Town where different uses do and can coexist with little or no impact to the neighborhood character. Historically, in those hamlet areas residential uses were adjacent to "small scale" commercial retail/professional uses. (The intent is to encourage the use of existing structures, preserve the historic characteristics of the hamlet areas and to encourage the design of new construction to be compatible with the existing buildings.)
B.
Permitted uses shall be as follows, subject to the requirements specified below and elsewhere in this chapter. (Parking, Article X; Signage, Article XI; Landscaping, Article IX; Access Management Standards, Article XV; Site Plan Review, Article XIV.)
(1)
Single-family dwelling.
(2)
Two-family dwelling.
(4)
Day-care in-home facility as defined by § 390 of the Social Services Law of New York State or a commercial day-care center.
(5)
Bed-and-breakfast dwelling.
(6)
Residential care facility. (Nursing homes, assisted living and independent living.)
(7)
Funeral home.
(9)
Agricultural/farming operations' roadside stands.
(10)
Professional office, service, retail, restaurant (with or without a bar), occupying less than 4,000 square feet (excluding motor vehicle service, but including gas sales, convenience store and motor vehicle wash facility).
(11)
Mini storage facility.
(12)
Public utility and public uses such as churches, parks, school.
(13)
Private club.
(14)
Accessory uses customarily incidental to the above.
(15)
Veterinary hospital, with or without indoor kennels.
(16)
Hotel/motel.
(17)
Manufacturing (occupying less than 4,000 square feet).
(18)
Uses not listed shall be referred to the Zoning Board of Appeals.
(19)
Solar panels.
C.
Residential lot size and coverage. Maximum lot coverage, including buildings and structure, shall not exceed 25% of the parcel.
Minimum Area (square feet) | Minimum Width** (feet) | |||
|---|---|---|---|---|
Single-family dwelling: | ||||
With public water and sanitary sewer | 15,000 | 90 | ||
With public water only | 20,000 | 100 | ||
With no public utilities | 40,000 | 150 | ||
Two-family dwelling: | ||||
With public water and sanitary sewer | 20,000 | 90 | ||
With public water only | 40,000 | 100 | ||
With no public utilities | 80,000 | 150 | ||
NOTE: | ||
|---|---|---|
** | Lots that have less than the minimum required lot width at the road shall meet the driveway requirements of the Town design criteria, and the minimum front setbacks shall be measured from a point at which the lot meets the minimum width requirements. | |
D.
Commercial/retail/professional use. During a site plan review of parcels located within the Mixed Use Hamlet District, the Planning Board reserves the right to require the developer to show that the site plan proposal is in harmony with the aesthetic features of the existing structures located in those districts.
(1)
Lot size. Required lot size shall be established by the Joint Planning Board during the site plan review and approval process. The required minimum lot size shall be based on the amount of land area necessary to adequately accommodate the proposed principal and accessory uses and associated parking, loading and planted open space areas while respecting setback requirements and on-site circulation needs, including pedestrians, vehicles and emergency vehicles. If the lot size cannot meet the applicable standards of the proposed use for circulation, parking, landscaping, lot coverage and setbacks, the Joint Planning Board may require a reduction in the scale or intensity of the use or the combination of principal and accessory uses and/or conditionally permitted uses before taking action on the site plan. The Joint Planning Board is also required to refer applications which cannot meet the requirement of this section to the Joint Zoning Board of Appeals for a variance in accordance with § 150-17C.
(2)
Lot coverage. Maximum lot coverage, including all buildings and parking area surfaces, shall not exceed 60% of lot area.
F.
Height maximum: 35 feet.
§ 150-35 MUD Mixed Use District.
A.
Intent. The purpose of the Mixed Use District is to encourage a mixed residential, light commercial and professional office environment.
B.
General development standards. All development shall be in accordance with Article XIV of the Town of Livonia Zoning Code. Developments can be single uses on single parcels or multiple uses on individual. All development shall be serviced by public water and sewer with the exceptions noted in this section under Subsection F(2) and (3). No single use shall occupy more than 85% of the usable land (see definition for "usable land") on any parcel in the Mixed Use District. Residential uses shall include a mix of single-family homes, two-family homes and multiple-family dwellings. The ratio of each residential use shall be determined by the Planning Board.
(1)
In determining the percentage requirement, the unit of measurement shall be acres within the district. Examples for a one-hundred-acre mixed use district:
(a)
One single-family home located on a five-acre parcel would equal 5% of the district used for residential.
(b)
Four two-acre lots, each with a commercial use, would equal 8% of the district for commercial use.
(c)
Four two-acre lots, each with a commercial use on the first floor and residential use on the second floor, would equal 4% for commercial and 4% for residential.
(d)
Ten single-family homes on 10 individual one-acre lots would equal 10%.
C.
Permitted uses. Permitted uses shall be as follows, subject to the requirements specified below and elsewhere in this chapter, especially site plan approval in accordance with Article XIV; landscaping in accordance with Article IX; overall development in accordance with Article VII, Regulations Applicable to All Zoning Districts; and, if applicable, subdivision approval in accordance with Chapter 125.
(1)
One-story patio homes, with attached garage.
(2)
Single-family home, with attached garage.
(3)
Two-family home, with attached garage.
(5)
Home child-day-care facility.
(6)
Commercial day-care centers.
(7)
Attached accessory dwellings.
(8)
Nursing homes.
(9)
Funeral homes.
(10)
Bed-and-breakfast dwelling.
(11)
Public utility.
(12)
Public use, such as a place of worship, park or schools.
(13)
Professional office, service, retail, mini storage facilities.
(14)
Social clubs, restaurant, bars.
(15)
Indoor commercial fitness centers.
(16)
Mixed residential and commercial uses.
(17)
Home occupations, per the New York State Building Code.
(18)
Communication centers, call centers.
(19)
Research and development facilities.
(20)
Roadside stands.
D.
Prohibited uses.
(1)
Auto sales or service, including but not limited to car washes, gas sales.
(2)
Landfills.
(3)
Adult entertainment uses.
(4)
Home occupation in accessory structures.
(5)
Outside bulk storage for resale of any items.
(6)
Outdoor storage, except on single-home parcels larger than 20,000 square feet, including but not limited to garbage receptacles, building materials, licensed or unlicensed campers, ATVs, motor homes, boats, trailers, etc.
(7)
Accessory structures, except on single-home parcels larger than 20,000 square feet, including but not limited to sheds, detached garage, towers, pools.
(8)
Manufactured home parks.
(9)
Outdoor solid-fuel-burning furnaces.
F.
Lot sizes.
(1)
Residential, with public water and public sewer.
Minimum Area (square feet) | Minimum Lot Width (feet) | ||
|---|---|---|---|
One-story patio homes | 6,000 | 50 | |
Single-family | 10,000 | 65 | |
Two-family | 15,000 | 75 | |
Multifamily | 20,000 | 150 |
(2)
Residential, with private water and private septic.
(a)
Single-family: 40,000 square feet, minimum area; 150 feet, minimum lot width at road.
(3)
Residential, with public water and private septic.
(a)
Single-family: 20,000 square feet, minimum area; 125 feet, minimum lot width at road.
(4)
Commercial. Lot size: Required lot size shall be established by the Joint Planning Board during the site plan review and approval process. The required minimum lot size shall be based on the amount of land area necessary to adequately accommodate the proposed principal and accessory uses and associated parking, loading and planted open space areas while respecting setback requirements and on-site circulation needs, including pedestrians, vehicles and emergency vehicles. If the lot size cannot meet the applicable standards of the proposed use for circulation, parking, landscaping, lot coverage and setbacks, the Joint Planning Board may require a reduction in the scale or intensity of the use or the combination of principal and accessory uses and/or conditionally permitted uses before taking action on a site plan. The Joint Planning Board is also required to refer applications which cannot meet the requirements of this section to the Joint Zoning Board of Appeals for a variance in accordance with § 150-17C.
H.
Building size. Commercial: maximum 20,000 square feet. Planning Board shall consider larger uses with low-traffic-generation and operational characteristic. Documentation satisfactory to the Planning Board shall be provided by the applicant demonstrating that the larger use will not be detrimental to the district.
I.
Setbacks.
(1)
Residential:
Side (feet) | Front (feet) | Rear (feet) | ||
|---|---|---|---|---|
Patio home: | 5 | 30 | 30 | |
Single-family | 10 | 30 | 30 | |
Two-family | 15 | 30 | 40 | |
Multifamily | 20 | 50 | 50 |
(2)
Commercial:
Property Abutting Commercial or Industrial District or Use | Property Abutting Any Residential District or Use | ||
|---|---|---|---|
Front | 40 | 40 | |
Side | 20 | 100 | |
Rear | 50 | 100 |
(a)
All setbacks shall be measured from the property line or the district boundary line, whichever is most restrictive.
(b)
Any use that sells alcohol for on-premises consumption and any structure having a drive-up service window shall have a minimum seven-hundred-fifty-foot separation from any residentially used structure or the setback line of any vacant residential parcel.
J.
Building height. No building or structure shall exceed 35 feet in height.
§ 150-36 GC Gateway Commercial District.
A.
Intent. The intent of the Gateway Commercial District is to provide conveniently located areas of moderately intense commercial uses located in freestanding buildings, multitenant buildings and neighborhood shopping centers. Gateway Commercial Districts are expected to accommodate a range of local and nationally known businesses with local or regional clientele. Suitable locations are generally easily accessible from major roads. Parcel/building conditions, including building type and size, lot size, adjacent uses and availability of parking, may vary widely within the district. Such conditions may limit the development/redevelopment options for a particular site. Uses in a Gateway Commercial District should provide an appealing pedestrian environment, including linkages to other uses, while accommodating motor vehicles. Such districts may vary in size and scope from five acres or less, providing a limited range of commercial services to motorists, to areas of 100 or more acres, where a wider range of commercial uses serving the need of local and regional residents, area businesses and tourists and other transients are appropriate.
B.
Permitted uses shall be as follows, subject to the requirements specified below and elsewhere in this chapter, especially site plan approval in accordance with Article XIV; landscaping in accordance with Article IX; overall development in accordance with Article VII, Regulations Applicable to All Zoning Districts; and, if applicable, subdivision approval in accordance with Chapter 125.
(1)
Professional offices occupying less than 40,000 square feet of building area, including medical and other business offices, such as but not limited to attorneys, accountants, architects, engineers, doctors, dentists, other medical specialists, psychiatrists, psychologists, therapists, chiropractors, insurance, travel or real estate agents and offices of not-for-profit organizations.
(2)
Services occupying less than 40,000 square feet of building area, excluding motor vehicle services and including consumer, personal and business services, such as but not limited to banks, self-serve laundries and dry-cleaning outlets, tailors, repair shops (shoe, appliance, etc.), mini storage, barbershops, beauty salons, tanning salons, copy shops, video stores and art, craft or dance schools.
(3)
Retail sales occupying less than 40,000 square feet of building area, excluding sale of motor vehicles or fuel and including stores selling goods at retail to individual and business customers, such as but not limited to sales of food including food preparation for retail sale on the premises, shoes, clothing, home furnishings, appliances, computers and electronic equipment, hardware, paint and wallpaper, sport/hobby equipment, books, luggage, cards and gifts, jewelry, liquor, drugs, fabrics and flowers.
(4)
Indoor commercial recreation facilities occupying less than 40,000 square feet of building area in a completely enclosed building, including facilities for fitness activities, such as running, swimming, competitive sports, bowling or skating, and other recreational uses, such as arcades, performing arts centers or pool halls, and other similar activities.
(5)
Bed-and-breakfast dwelling.
(6)
Day-care centers, as defined by § 390 of the Social Services Law of the State of New York.
(7)
Mixed use structures combining permitted commercial use(s) on the first floor or street side of a building and residential use on the upper floor(s) or to the rear of the building.
(8)
Unless exempted by New York State Agricultural and Markets Law Article 25-AA, or if accessory and subordinate to another permitted use herein or uses permitted with a conditional use permit pursuant to § 150-36D, only agricultural or farming operations in lawful existence as of the date of adoption of this section shall be allowed to continue and shall be considered a permitted or conforming use subject to the regulations of the Agricultural Residential Conservation-3 District.
[Amended 6-18-2020 by L.L. No. 4-2020]
(9)
Restaurants, including accessory outdoor dining facilities.
(10)
Private clubs.
(11)
Public use, such as a place of worship, park or school.
C.
Accessory uses.
(3)
Garage or other accessory building necessary to store materials, vehicles or equipment related to the lawful principal use of the property.
(4)
Commercial outdoor dining facilities accessory to lawful restaurant use.
(5)
Agricultural uses relating to the production of wine, craft-styled beer, cider or liquor for sale or to be marketed for sale on site as part of a permitted use pursuant to § 150-36B or a use permitted with a conditional use permit pursuant to § 150-36D below, so long as such use is clearly subordinate to the primary permitted use.
[Added 6-18-2020 by L.L. No. 4-2020]
D.
The following uses are permitted upon approval of a conditional use permit from the Joint Planning Board in accordance with the requirements of § 150-20D. Such uses are subject to the general development standards for specific uses found in Article VII, Regulations Applicable to All Zoning Districts; to site plan approval in accordance with Article XIV; to landscaping requirements in accordance with Article IX; and to other standards as may be required under site plan review by the Joint Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
(1)
Bar, tavern or any use, other than a restaurant or adult use, which is licensed to provide alcoholic beverages for on-premises consumption.
(2)
Residential care facility.
(3)
Outdoor commercial recreation facility, such as a batting cage, driving range, miniature golf course, water or amusement park, performing arts center, or uses of a similar nature.
(5)
Movie theater.
(6)
Public utility.
(7)
Use larger than 40,000 square feet.
(8)
Drive-in facility.
(9)
Hotel/motel.
(10)
Outpatient health center.
(13)
Warehouse and destruction facilities, provided that adequate areas for fleet parking shall be provided. A minimum area of 700 square feet of storage (or maneuvering) space shall be required for each tractor-trailer on site. A minimum of 400 square feet of storage (or maneuvering) space shall be required for each truck on the site.
(14)
Solar panels.
(15)
Event center and ancillary temporary housing through dwelling units that are accessory to the primary event center use. Such temporary housing shall be subordinate to the primary use of the event center and may be in the form of individual structures located around the event center or may be attached or within the event center.
[Added 6-18-2020 by L.L. No. 4-2020]
E.
Prohibited uses. Prohibited uses shall be as follows:
(1)
Commercial operations whose principal activity is the storage, production, processing or sale of hazardous or radioactive materials, as defined by the United States Department of Transportation in Title 49 of the United States Code.
(2)
Commercial and agricultural operations which in any part involve the slaughtering or processing of animals or fish, including the parts thereof.
(3)
Airports, landing strips and heliports.
(4)
Racetracks or racing operations for automobiles, snowmobiles, stock cars, minicars, motorcycles or model cars or airplanes, and any other similar racing operations, facilities or uses.
(5)
Expansion of preexisting nonconforming residential uses.
(6)
Wholesale bulk fuel storage.
(7)
Landfills.
(8)
Commercial feedlots.
(9)
All other uses not specifically permitted.
F.
Development standards.
(1)
Lot coverage. A minimum of 30% of the lot area shall be set aside as planted open space. Building coverage shall not exceed 35% of the lot area. At the discretion of the Joint Planning Board and in accordance with the requirements of Article VII, § 150-67, Incentive zoning, a portion of required open space and/or nonbuilding areas may be devoted to shared driveways or cross access easements or enhancement of the pedestrian environment.
(2)
Minimum required setbacks.
Minimum Required Setbacks (feet) | ||
|---|---|---|
Front | 50 | |
Side | 20 | |
Rear | 50 |
(a)
Any development adjacent to a residential, mixed use or mixed use hamlet district shall have a side and rear setback of 100 feet.
(b)
Lots that have less than the minimum required lot width at the road shall meet the driveway requirements of the Town design criteria, and the minimum front setbacks shall be measured from a point at which the lot meets the minimum width requirements.
(3)
Maximum height: 40 feet.
(4)
Minimum lot width: 75 feet.
(5)
Minimum driveway spacing. The minimum distance between driveways, whether on the same parcel or an adjacent parcel, shall be as specified in the access management standards of Article XV.
(6)
Lot size. Required lot size shall be established by the Joint Planning Board during the site plan review and approval process. The required minimum lot size shall be based on the amount of land area necessary to adequately accommodate the proposed principal and accessory uses and associated parking, loading and planted open space areas while respecting setback requirements and on-site circulation needs, including pedestrians, vehicles and emergency vehicles. If the lot size cannot meet the applicable standards of the proposed use for circulation, parking, landscaping, lot coverage and setbacks, the Joint Planning Board may require a reduction in the scale or intensity of the use or the combination of principal and accessory uses and/or conditionally permitted uses before taking action on a site plan. The Joint Planning Board is also required to refer applications which cannot meet the requirements of this section to the Joint Zoning Board of Appeals for a variance in accordance with § 150-17C.
§ 150-37 WD Waterfront Development District.
A.
Intent. The intent of the Waterfront Development District is to implement the vision of the Livonia Comprehensive Plan by encouraging water-dependent and water-enhanced commercial uses in appropriate areas along Conesus Lake.
B.
Permitted uses shall be as follows, subject to the requirements specified below and elsewhere in this chapter, especially site plan approval in accordance with Article XIV; landscaping in accordance with Article IX; overall development in accordance with Article VII, Regulations Applicable to All Zoning Districts; and, if applicable, subdivision approval in accordance with Chapter 125.
C.
Accessory uses.
(3)
Garage or other accessory building necessary to store materials, vehicles or equipment related to the lawful principal use of the property.
D.
The following uses are permitted upon approval of a conditional use permit from the Joint Planning Board in accordance with the requirements of § 150-20D. Such uses are subject to the general development standards for specific uses found in Article VII, Regulations Applicable to All Zoning Districts; to site plan approval in accordance with Article XIV; to landscaping requirements in accordance with Article IX; and to other standards as may be required under site plan review by the Joint Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
(1)
Bar, tavern or any use, other than a restaurant or an adult use, which is licensed to provide alcoholic beverages for on-premises consumption.
(2)
Restaurant, including accessory outdoor dining facilities.
(3)
Outdoor, water-oriented, commercial recreation facility, such as a water park or private club.
(5)
Public utility.
(6)
Use larger than 40,000 square feet but less than 100,000 square feet.
(7)
Drive-in facility.
(8)
Hotel/motel.
(10)
Marina, boat service, repair or rental establishment and accessory retail, docking, launching or storage facilities.
(11)
Public use, such as a place of worship, park or school.
(12)
Bed-and-breakfast dwelling.
(13)
Private clubs.
E.
Prohibited uses. Prohibited uses shall be as follows:
(1)
Commercial operations whose principal activity is the storage, production, processing or sale of hazardous or radioactive materials, as defined by the United States Department of Transportation in Title 49 of the United States Code.
(2)
Commercial and agricultural operations which in any part involve the slaughtering or processing of animals or fish, including the parts thereof.
(3)
Airports, landing strips and heliports.
(4)
Racetracks or racing operations for automobiles, snowmobiles, stock cars, minicars, motorcycles or model cars or airplanes, and any other similar racing operations, facilities or uses.
(5)
Expansion of preexisting nonconforming residential uses.
(6)
Wholesale bulk fuel storage.
(7)
Landfills.
(8)
Commercial feedlots.
(9)
All other uses not specifically permitted.
F.
Development standards.
(1)
Lot coverage. A minimum of 30% of the lot area shall be set aside as planted open space. Building coverage shall not exceed 40% of the lot area. At the discretion of the Joint Planning Board and in accordance with the requirements of Article VII, § 150-67, Incentive zoning, a portion of required open space and/or nonbuilding areas may be devoted to shared driveways or cross access easement or enhancement of the pedestrian environment.
(2)
Minimum required setbacks.
(a)
Front or roadside:
[1]
Thirty-five feet from a state highway.
[2]
Twenty feet from a driveway, shared access road or dedicated local road. Lots that have less than the minimum required lot width at the road shall meet the driveway requirements of the Town design criteria, and the minimum front setbacks shall be measured from a point at which the lot meets the minimum width requirements.
(b)
Side: 15 feet.
(c)
Rear or waterside: 25 feet from mean high-water level.
(3)
Maximum height: 35 feet.
(4)
Minimum lot width: 50 feet.
(5)
Minimum driveway spacing. The minimum distance between driveways, whether on the same parcel or an adjacent parcel, shall be as specified in the access management standards of Article XV.
(6)
Lot size. Required lot size shall be established by the Joint Planning Board during the site plan review and approval process. The required minimum lot size shall be based on the amount of land area necessary to adequately accommodate the proposed principal and accessory uses and associated parking, loading and planted open space areas while respecting setback requirements and on-site circulation needs, including pedestrians, vehicles and emergency vehicles. If the lot size cannot meet the applicable standards of the proposed use for circulation, parking, landscaping, lot coverage and setbacks, the Joint Planning Board may require a reduction in the scale or intensity of the use or the combination of principal and accessory uses and/or conditionally permitted uses before taking action on a site plan. The Joint Planning Board is also required to refer applications which cannot meet the requirements of this section to the Joint Zoning Board of Appeals for a variance in accordance with § 150-17C.
§ 150-38 SC Shopping Center District.
A.
Intent. The intent of the Shopping Center District is to provide appropriate standards for development of unified large-scale shopping facilities. Incorporation of other large-scale nonretail uses may also be appropriate.
B.
Permitted uses shall be as follows, subject to the requirements specified below and elsewhere in this chapter, especially site plan approval in accordance with Article XIV; landscaping in accordance with Article IX; overall development in accordance with Article VII, Regulations Applicable to All Zoning Districts; and, if applicable, subdivision approval in accordance with Chapter 125.
(1)
Community shopping center.
(2)
Services, excluding motor vehicle services and including consumer, personal and business services, such as but not limited to banks, self-serve laundries, dry-cleaning outlets, tailors, repair shops (shoe, appliance, etc.), barbershops, beauty salons, tanning salons, copy shops, video stores and art, craft or dance schools.
(3)
Retail sales, excluding sale of motor vehicles or fuel and including stores selling goods at retail to individual and business customers, such as but not limited to sales of food including food preparation for retail sale on the premises, shoes, clothing, home furnishings, appliances, computers and electronic equipment, hardware, paint and wallpaper, sport/hobby equipment, books, luggage, cards and gifts, jewelry, liquor, drugs, fabrics and flowers.
(4)
Indoor commercial recreation facilities in a completely enclosed building, including facilities for fitness activities, such as running, swimming, competitive sports, bowling or skating, and other recreational uses, such as arcades, performing arts centers or pool halls, and other similar activities.
(5)
Drive-in facility.
(6)
Restaurant, including accessory outdoor dining facilities.
(7)
Bar or tavern or any use, other than a restaurant or an adult use, which is licensed to provide alcoholic beverages for on-premises consumption.
(8)
Unless exempted by New York Agricultural and Markets Law Article 25-AA, only agricultural or farming operations in lawful existence as of the date of adoption of this chapter shall be allowed to continue and shall be considered a permitted or conforming use subject to the regulations of the Agricultural Residential Conservation-3 District.
(9)
Public uses, such as a place of worship, park or school.
D.
The following uses are permitted upon approval of a conditional use permit from the Joint Planning Board in accordance with the requirements of § 150-20D. Such uses are subject to the general development standards for specific uses found in Article VII, Regulations Applicable to All Zoning Districts; to site plan approval in accordance with Article XIV; to landscaping requirements in accordance with Article IX; and to other standards as may be required under the site plan review by the Joint Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
(1)
Professional offices, including medical and other business offices, such as but not limited to attorneys, accountants, architects, engineers, doctors, dentists, other medical specialists, psychiatrists, psychologists, therapists, chiropractors, insurance, travel or real estate agents, and offices of not-for-profit organizations.
(2)
Outdoor commercial recreation facility, such as a batting cage, driving range, miniature golf course, water or amusement park, performing arts center or uses of a similar nature.
(4)
Movie theater.
(5)
Public utility.
(6)
Hotel/motel.
(7)
Outpatient health center.
(10)
Solar panels.
E.
Prohibited uses. Prohibited uses shall be as follows:
(1)
Commercial operations whose principal activity is the storage, production, processing or sale of hazardous or radioactive materials, as defined by the United States Department of Transportation in Title 49 of the United States Code.
(2)
Commercial and agricultural operations which in any part involve the slaughtering or processing of animals or fish, including the parts thereof.
(3)
Airports, landing strips and heliports.
(4)
Racetracks or racing operations for automobiles, snowmobiles, stock cars, minicars, motorcycles or model cars or airplanes, and any other similar racing operations, facilities or uses.
(5)
Expansion of preexisting nonconforming residential uses.
(6)
Wholesale bulk fuel storage.
(7)
Landfills.
(8)
Commercial feedlots.
(9)
All other uses not specifically permitted.
F.
Development standards.
(1)
Lot coverage. A minimum of 30% of the lot area shall be set aside as planted open space. Building coverage shall not exceed 30% of the lot area. At the discretion of the Joint Planning Board and in accordance with the requirements of § 150-67, Incentive zoning, a portion of required open space or nonbuilding areas may be devoted to shared driveways or cross access easements or enhancement of the pedestrian environment.
(2)
Minimum required setbacks.
Minimum Required Setbacks (feet) | ||
|---|---|---|
Front | 50 | |
Side | 20 | |
Rear | 50 |
(a)
Any development adjacent to residential district, mixed use or mixed use hamlet districts shall have a side and rear setback of 100 feet.
(b)
Lots that have less than the minimum required lot width at the road shall meet the driveway requirements of the Town design criteria, and the minimum front setbacks shall be measured from a point at which the lot meets the minimum width requirements.
(3)
Maximum height: 40 feet.
(5)
Minimum driveway spacing. The minimum distance between driveways, whether on the same parcel or an adjacent parcel, shall be as specified in the access management standards of Article XV.
(6)
Lot size. Required lot size shall be established by the Joint Planning Board during the site plan review and approval process. The required minimum lot size shall be based on the amount of land area necessary to adequately accommodate the proposed principal and accessory uses and associated parking, loading and planted open space areas while respecting setback requirements and on-site circulation needs, including pedestrians, vehicles and emergency vehicles. If the lot size cannot meet the applicable standards of the proposed use for circulation, parking, landscaping, lot coverage and setbacks, the Joint Planning Board may require a reduction in the scale or intensity of the use or the combination of principal and accessory uses and/or conditionally permitted uses before taking action on a site plan. The Joint Planning Board is also required to refer applications which cannot meet the requirements of this section to the Joint Zoning Board of Appeals for a variance in accordance with § 150-17C.
§ 150-39 I Industrial District.
A.
Intent. The intent of the Industrial District is to identify and set aside areas of Livonia which are most appropriate for industrial-related uses. Accommodation of new industrial uses is intended to maintain a balanced tax base and to provide employment opportunities for local residents. Suitable locations for industrial uses are easily accessible from state highways and are appropriately buffered from residential and commercial uses.
B.
Permitted uses shall be as follows, subject to the requirements specified below and elsewhere in this chapter, especially site plan approval in accordance with Article XIV; landscaping in accordance with Article IX; overall development in accordance with Article VII, Regulations Applicable to All Zoning Districts; and, if applicable, subdivision approval in accordance with Chapter 125.
(1)
Professional offices, including medical and other business offices, such as but not limited to attorneys, accountants, architects, engineers, doctors, dentists, other medical specialists, psychiatrists, psychologists, therapists, chiropractors, insurance, travel or real estate agents, and offices of not-for-profit organizations.
(2)
Research and development facilities.
(3)
Service industries of the type that provide service to other industries rather than the needs of retail customers.
(4)
Equipment rental or mini storage establishments involving no outdoor storage of materials or equipment.
(5)
Production, processing and assembly operations, provided that such uses are conducted entirely within an enclosed building and such operations will not exceed the performance standards of Article VII, § 150-69. The following allowed uses are typical of the intent of this section:
(a)
Manufacture of electrical, electronic or optical instruments or devices.
(b)
Light manufacturing, assembly or fabrication of small machine parts, office and household machinery or appliances or tool and die products.
(c)
Light fabrication of metal products, such as metal foil, sheet metal products and household furnishings.
(d)
Light fabrication of paper products, such as packaging materials, office and household supplies, stationery and toys.
(e)
Packaging of products from previously prepared materials, such as cloth, plastic, paper, leather or precious or semiprecious metal or stones.
(f)
Graphic arts and related light printing operations.
(g)
The processing of plastics and chemical products from manufactured or refined products into finished goods.
(h)
Light fabrication of wood products from premilled and finished wood materials.
(i)
Wholesale production of food products.
(6)
Unless exempted by New York State Agricultural and Markets Law Article 25-AA, only agricultural or farming operation in lawful existence as of the date of adoption of this chapter shall be allowed to continue and shall be considered as permitted or conforming uses subject to the regulations of the Agricultural Residential Conservation-3 District.
(7)
Warehouses and distribution facilities limited to wholesale trade, provided that adequate areas for fleet parking shall be provided. A minimum area of 700 square feet of storage (or maneuvering) space shall be required for each tractor-trailer on site; a minimum of 400 square feet of storage (or maneuvering) space shall be required for each truck on the site.
(8)
Bar, tavern or any use which is licensed to distribute, produce or provide for on-premises consumption and/or retail sales of alcoholic beverages.
[Added 1-18-2018 by L.L. No. 1-2018]
C.
D.
The following uses are permitted upon approval of a conditional use permit from the Joint Planning Board in accordance with the requirements of § 150-20D. Such uses are subject to the general development standards for specific uses found in Article VII, Regulations Applicable to All Zoning Districts; to site plan approval in accordance with Article XIV; to landscaping requirements in accordance with Article IX; and to other standards as may be required under the site plan review by the Joint Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
(1)
Day-care center.
(2)
Public utility.
(3)
Hotel/motel.
(5)
Adult use, subject to the following standards:
(a)
No adult use shall be allowed within 500 feet of another existing adult use, measured from building to building.
(b)
No adult use shall be located on a lot within 500 feet of the boundaries of any zoning district which is zoned for residential uses.
(c)
No adult use shall be located on a lot within 1,000 feet of a lot occupied by preexisting recreational facilities, a preexisting school, place of worship, cemetery, park or playground or other areas where large numbers of minors travel or congregate.
(d)
An establishment will be considered an adult use if more than 25% of the total area, gross sales or inventory is used for adult use.
(e)
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating the human genitalia, the pubic region, buttocks or female breasts from any public rights-of-way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other building opening.
(6)
Private landing strip or heliport. Such facilities must conform to all Federal Aviation Administration regulations and standards.
(8)
Any facility for which the prime purpose is the processing or handling of waste or recycled materials.
(9)
Sportsmen's clubs, with a minimum 20 acres.
(10)
Wind generators/solar panels.
E.
Prohibited uses. Prohibited uses shall be as follows:
(1)
Industries whose principal activity is the storage, production, processing or sale of hazardous or radioactive materials, as defined by the United States Department of Transportation in Title 49 of the United States Code.
(2)
Commercial or agricultural operations which in any part involve the slaughtering or processing of animals or fish, including the parts thereof.
(3)
Airports.
(4)
Commercial recreation facility.
(5)
Residential uses not accessory to a commercial use or expansion of preexisting nonconforming residential uses.
(6)
Wholesale bulk fuel storage.
(7)
Landfills.
(8)
Commercial feedlots.
(9)
All other uses not specifically permitted.
F.
Development standards.
(1)
Lot coverage. A minimum of 30% of the lot area shall be set aside as planted open space. Building coverage shall not exceed 35% of the lot area. At the discretion of the Joint Planning Board and in accordance with the requirements of Article VII, § 150-67, Incentive zoning, a portion of required open space or nonbuilding areas may be devoted to shared driveways or cross access easements or enhancement of the pedestrian environment.
(2)
Minimum required setbacks.
Minimum Required Setbacks (feet) | ||
|---|---|---|
Front | 50 | |
Side | 20 | |
Rear | 50 |
(a)
Any development adjacent to a residential district, mixed use or mixed use hamlet districts shall have a side and rear setback of 100 feet.
(b)
Lots that have less than the minimum required lot width at the road shall meet the driveway requirements of the Town design criteria, and the minimum front setbacks shall be measured from a point at which the lot meets the minimum width requirements.
(3)
Maximum height: 40 feet.
(5)
Minimum driveway spacing. The minimum distance between driveways, whether on the same parcel or an adjacent parcel, shall be as specified in the access management standards of Article XV.
(6)
Lot size. Required lot size shall be established by the Joint Planning Board during the site plan review and approval process. The required minimum lot size shall be based on the amount of land area necessary to adequately accommodate the proposed principal and accessory uses and associated parking, loading and planted open space areas while respecting setback requirements and on-site circulation needs, including pedestrians, vehicles and emergency vehicles. If the lot size cannot meet the applicable standards of the proposed use for circulation, parking, landscaping, lot coverage and setbacks, the Joint Planning Board may require a reduction in the scale or intensity of the use or the combination of principal and accessory uses and/or conditionally permitted uses before taking action on a site plan. The Joint Planning Board is also required to refer applications which cannot meet the requirements of this section to the Joint Zoning Board of Appeals for a variance in accordance with § 150-17C.
(7)
Hours of operation. Industrial operations adjacent to residential or mixed use or mixed use hamlet districts may operate 24 hours daily if setbacks and screening are adequate to completely isolate such residential or mixed use or mixed use hamlet districts from potential impacts of operations.
§ 150-40 C/LI Commercial/Limited Industrial District.
A.
Intent. The intent of the Commercial/Limited Industrial District is to guide development of land that is visible and accessible from major streets and does not border existing or future residential uses. Such areas are generally suitable for high-intensity commercial uses and many of the uses allowed in the Industrial District. In accordance with the Livonia Comprehensive Plan and Transportation and Access Management Plan, access is expected to be from a new road parallel to New York State Route 15 rather than via individual driveways from the state highway.
B.
Permitted uses shall be as follows, subject to the requirements specified below and elsewhere in this chapter, especially site plan approval in accordance with Article XIV; landscaping in accordance with Article IX; overall development in accordance with Article VII, Regulations Applicable to All Zoning Districts; and, if applicable, subdivision approval in accordance with Chapter 125.
(1)
Professional offices occupying less that 40,000 square feet of building area, including medical and other business offices, such as but not limited to attorneys, accountants, architects, engineers, doctors, dentists, other medical specialists, psychiatrists, psychologists, therapists, chiropractors, insurance, travel or real estate agents, and offices of not-for-profit organizations.
(2)
Services occupying less than 40,000 square feet of building area, excluding motor vehicle services and including consumer, personal and business services, such as but not limited to banks, self-serve laundries and dry-cleaning outlets, tailors, repair shops (shoe, appliances, etc.), mini storage, barbershops, beauty salons, tanning salons, copy shops, video stores and art, craft or dance schools.
(3)
Retail sales occupying less than 40,000 square feet of building area, excluding sale of motor vehicles or fuel and including stores selling goods at retail to individual and business customers, such as but not limited to sales of food, including food preparation for retail sale on the premises, shoes, clothing, home furnishings, appliances, computers and electronic equipment, hardware, paint and wallpaper, sport/hobby equipment, books, luggage, cards and gifts, jewelry, liquor, drugs, fabrics and flowers.
(4)
Indoor commercial recreation facilities occupying less than 40,000 square feet of building area in a completely enclosed building, including facilities for fitness activities, such as running, swimming, competitive sports, bowling or skating, and other recreational uses, such as arcades, performing arts centers or pool halls, and other similar activities.
(5)
Day-care centers, as defined by § 390 of the Social Services Law of the State of New York.
(6)
Unless exempted by New York State Agricultural and Markets Law Article 25-AA, only agricultural or farming operations in lawful existence as of the date of adoption of this chapter shall be allowed to continue and shall be considered a permitted or conforming use subject to the regulations of the Agricultural Residential Conservation-3 District.
(7)
Restaurants, including accessory outdoor dining facilities.
(8)
Private clubs.
(9)
Research and development facilities.
(10)
Service industries that provide service to other industries rather than the needs of retail customers.
(11)
Equipment rental or mini storage establishments involving no outdoor storage of materials or equipment.
(12)
Production, processing and assembly operations, provided that such uses are conducted entirely within an enclosed building and such operations will not exceed the performance standards of Article VII, § 150-68. The following allowed uses are typical of the intent of this section:
(a)
Manufacture of electrical, electronic or optical instruments or devices.
(b)
Light manufacturing, assembly or fabrication of small machine parts, office and household machinery or appliances or tool and die products.
(c)
Light fabrication of paper products, such as packaging materials, office and household supplies, stationery and toys.
(d)
Packaging of products from previously prepared materials, such as cloth, plastic, paper, leather or precious of semiprecious metal or stones.
(e)
Graphic arts and related light printing operations.
(f)
The processing of plastics and chemical products from manufactured or refined products into finished goods.
(g)
Light fabrication of wood products from premilled and finished wood materials.
(h)
Wholesale production of food products.
C.
Accessory uses.
(3)
Garage or other accessory building necessary to store materials, vehicles or equipment related to the lawful principal use of the property.
(4)
Commercial outdoor dining facilities accessory to lawful restaurant use.
(5)
Accessory use providing food, recreation or day-care services to employees of a lawful principal use.
D.
The following uses are permitted upon approval of a conditional use permit from the Joint Planning Board in accordance with the requirements of § 150-20D. Such uses are subject to the general development standards for specific uses found in Article VII, Regulations Applicable to All Zoning Districts; to site plan approval in accordance with Article XIV; to landscaping requirements in accordance with Article IX; and to other standards as may be required under site plan review by the Joint Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
(1)
Bar, tavern or any use, other than a restaurant or adult use, which is licensed to provide alcoholic beverages for on-premises consumption.
(2)
Outdoor commercial recreation facility, such as a batting cage, driving range, miniature golf course, water or amusement park, performing arts center, or uses of a similar nature.
(4)
Movie theater.
(5)
Public utility.
(6)
Use larger than 40,000 square feet.
(7)
Drive-in facility.
(8)
Hotel/motel.
(9)
Outpatient health center.
(12)
Warehouse and distribution facilities, provided that adequate areas for fleet parking shall be provided. A minimum area of 700 square feet of storage (or maneuvering) space shall be required for each tractor-trailer on site. A minimum of 400 square feet of storage (or maneuvering) space shall be required for each truck on the site.
(13)
Any facility for which the prime purpose is the processing or handling of waste or recycled materials.
(14)
Wind generators/solar panels.
(15)
Accessory residential occupation (other than in an accessory dwelling unit) of not more than 250 square feet of habitable space, which is subordinate to the primary commercial or limited industrial use and which contains no more than one bedroom to be used for purposes of housing one person to provide on-site security and/or property monitoring presence.
[Added 4-21-2016 by L.L. No. 1-2016]
E.
Prohibited uses. Prohibited uses shall be as follows:
(1)
Commercial operations whose principal activity is the storage, production, processing or sale of hazardous or radioactive materials, as defined by the United States Department of Transportation in Title 49 of the United States Code.
(2)
Commercial and agricultural operations which in any part involve the slaughtering or processing of animals or fish, including the parts thereof.
(3)
Airports, landing strips and heliports.
(4)
Racetracks or racing operations for automobiles, snowmobiles, stock cars, minicars, motorcycles or model cars or airplanes, and any other similar racing operations, facilities or uses.
(5)
Expansion of preexisting nonconforming residential uses.
(6)
Wholesale bulk fuel storage.
(7)
Landfills.
(8)
Commercial feedlots.
(9)
Adult uses.
(10)
Any residential use, including mixed use structures, are prohibited.
(11)
All other uses not specifically permitted.
F.
Development standards.
(1)
Lot coverage. A minimum of 30% of the lot area shall be set aside as planted open space. Building coverage shall not exceed 35% of the lot area. At the discretion of the Joint Planning Board and in accordance with the requirements of Article VII, § 150-67, Incentive zoning, a portion of required open space or nonbuilding areas may be devoted to shared driveways or cross access casements or enhancement of the pedestrian environment.
(2)
Minimum required setbacks.
(a)
All building setbacks from New York State Route 15: 60 feet (front, rear and side).
(b)
All building setbacks from internal roads.
[1]
Front: 50 feet. Lots that have less than the minimum required lot width at the road shall meet the driveway requirements of the Town design criteria, and the minimum front setbacks shall be measured from a point at which the lot meets the minimum width requirements.
[2]
Rear: 40 feet (lot to lot).
[3]
Side: 20 feet.
(3)
Maximum height: 40 feet.
(4)
Minimum lot width: 175 feet.
(5)
Minimum driveway spacing. The minimum distance between driveways, whether on the same parcel or an adjacent parcel, shall be as specified in the access management standards of Article XV.
(6)
Lot size. Required lot size shall be established by the Joint Planning Board during the site plan review and approval process. The required minimum lot size shall be based on the amount of land area necessary to adequately accommodate the proposed principal and accessory uses and associated parking, loading and planted open space areas while respecting setback requirements and on-site circulation needs, including pedestrians, vehicles and emergency vehicles. If the lot size cannot meet the applicable standards of the proposed use for circulation, parking, landscaping, lot coverage and setbacks, the Joint Planning Board may require a reduction in the scale or intensity of the use or the combination of principal and accessory uses and/or conditionally permitted uses before taking action on a site plan. The Joint Planning Board is also required to refer applications which cannot meet the requirements of this section to the Joint Zoning Board of Appeals for a variance in accordance with § 150-17C.
(7)
Hours of operation. Industrial operations adjacent to residential or mixed use or mixed use hamlet districts may operate 24 hours daily if setbacks and screening are adequate to completely isolate such residential or mixed use or mixed use hamlet districts from potential impacts of operations.