Pittsford Town City Zoning Code
ARTICLE XI
Light Industrial District
§ 185-47 Establishment of district.
The intended purpose of the Light Industrial District is to accommodate light industrial and specific business uses, and to regulate such development and uses to minimize potential adverse effects on other nearby uses; reduce potential use conflicts; and strengthen the economic vitality and attractiveness of the Industrial District. It is not the intent of the Town to allow the conversion or expansion of commercial/retail uses within the Light Industrial District except as provided herein.
§ 185-48 Definition.
As used in this article, the following terms shall have the meanings indicated:
LIGHT INDUSTRIAL USE — A material-handling, processing, assembly, manufacturing, research, warehouse or similar facility where all input, output, operations and storage are wholly conducted within enclosed buildings and which meets the other performance standards of the district.
§ 185-49 Permitted uses.
[Amended 2-19-2013 by L.L. No. 1-2013; 4-19-2017 by L.L. No. 1-2017; 2-25-2020 by L.L. No. 2-2020]
The following uses are permitted:
A.
Light industrial uses.
B.
Business or professional office.
C.
Research and development.
D.
Ammunition/firearms sales.
E.
Warehouse/distribution.
F.
Wholesale operations.
G.
Automobile/truck sales, servicing, rental, washing, repair and refinishing that does not include salvage operations. Permitted automobile/truck washing is limited to washing within a building as part of an automobile/truck rental use.
H.
Animal hospital, provided that the facility and all animals are contained in an enclosed structure.
I.
Adult entertainment subject to the requirements of § 185-53.3 of this Code.
J.
Indoor active recreation.
§ 185-50 Special use permit uses.
The following uses may be permitted pursuant to a special use permit issued by the Planning Board:
A.
An otherwise permitted light industrial use may include input, output, operations and/or storage outside of an enclosed building, pursuant to a special use permit issued by the Planning Board.
B.
Small-scale retail sales ancillary to the primary light industrial use. For the purposes of this section, "small-scale" is defined as less than 10% of the floor area of the principal use.
C.
Any permitted use where the handling or storage of hazardous material is ancillary to the core business function.
D.
Recreational vehicle storage. Recreational vehicles, which shall include any vehicle used for recreational purposes, including boats, boat trailers, motor homes, camper trailers, pickup campers, pop-up trailers, all-terrain vehicles, jet skis, motorcycles, and snowmobiles, may be stored on parcels that meet the following requirements:
(1)
The parcel shall contain a minimum of 10 acres.
(2)
The storage area shall be set back a minimum of 500 feet from any and all road rights-of-way.
(3)
The storage area shall be reasonably screened from view with fencing and/or vegetative material to reduce the visual impact of the storage to adjacent parcels and road rights-of-way.
E.
Kennels. Kennels, including animal day-care centers where animals are boarded for any length of time, shall be permitted, subject to the following specific conditions:
(1)
A noise and visual barrier consisting of a suitable fence or dense vegetative planting shall be provided, fully encircling all kennel areas not enclosed in a building.
(2)
All animals shall be confined to an individual crate or cage and within a building between the hours of 8:00 p.m. and 6:30 a.m.
(3)
No noticeable odors or offensive noise shall be emitted from the site.
(4)
There shall be no incineration of waste and/or refuse on the site.
(5)
There shall be no breeding of animals on the site.
(6)
In reviewing an application for a special use permit, and in addition to the criteria to be considered pursuant to § 185-174, the Planning Board shall consider the following:
(a)
Provisions for controlling noticeable odor and offensive noise.
(b)
Disposal plan for animal waste.
(c)
Supervision of animals, particularly when outside a building.
(d)
Adequacy of outdoor areas, including size, number of areas and separation of areas with visual buffering.
(e)
Soundproofing methods for buildings.
(f)
Maximum number of animals to be maintained.
(g)
Hours of operation.
(h)
Existing or proposed natural or man-made barriers.
(i)
Other factors which the Planning Board reasonably determines are appropriate to prevent and/or mitigate negative effects to adjoining properties and the neighborhood.
§ 185-51 Use limitations.
A.
Environmental protection. No use shall be permitted to be established or maintained which by reason of its nature or manner of operation is or may become hazardous, obnoxious or offensive owing to the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or waterborne waste.
B.
Material handling. All material handling owing to processing, manufacturing, remanufacturing, repair, salvaging, storage or other similar activities will be fully contained within enclosed buildings. Transfer of materials between buildings and storage facilities is permitted during normal business hours, provided that said materials are moved directly from one enclosed building to another.
§ 185-52 Minimum dimensional site requirements.
A.
Lot size. Each lot shall have a minimum area of not less than 30,000 square feet.
B.
Maximum height. The maximum permitted height of any structure is 40 feet, except that chimneys attached to such structure may extend 10 feet above the highest point of the structure.
C.
Setback restrictions. Subject to the supplemental setback provisions of § 185-120, all structures shall have a front setback of at least 50 feet, side setbacks of at least 25 feet and a rear setback of at least 50 feet. For parcels whose rear property line is parallel to a rail corridor, the rear setback shall be at least 25 feet.
D.
Lot coverage. Structures, parking areas, internal roadways and sidewalks shall not occupy more than a maximum of 80% of the total lot area. The remainder of the lot area, a minimum of 20%, shall be devoted to open space and/or landscaped areas.
§ 185-53 Performance standards.
[Amended 4-19-2017 by L.L. No. 1-2017]
A.
Visual buffering.
(1)
Landscaped front lawns shall be provided from the edge of the road pavement or curbing to the edge of the building front, but cars for sale may be displayed on hard-surface lots between the road and the building front.
(2)
Landscaped visual buffering of principal structures, accessory structures, loading docks, parking areas, walkways, internal roads and appurtenant structures is required.
(3)
HVAC units and dumpsters shall be kept to the rear of the front line of the principal structure and shall be vegetatively or otherwise unobtrusively screened from view.
C.
Loading docks. All loading docks shall be located to the rear of the front line of the principal structure. Loading dock(s) shall not be placed in a manner that impedes traffic.
D.
Parking.
(1)
All lots shall include hard-surface (asphalt or concrete) parking areas of sufficient size to accommodate all employees and service personnel, which shall be located behind the front line of the principal structure.
(2)
All visitor parking areas shall be hard surface (asphalt or concrete); shall be not less than 40 feet from the front property line; and if located in front of the main structure, shall be screened with appropriate landscaping to buffer the visual impact of the parking area.
(3)
All exit and entrance lines to parking and service lanes shall be clearly marked and maintained.
§ 185-53.1 Adult uses.
Special regulations applicable to adult bookstores and adult entertainment establishments are as follows:
A. ADULT BOOKSTORE(1) (2) (3) (4) ADULT ENTERTAINMENT ESTABLISHMENT SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this article, the following terms shall have the meanings indicated:
A business enterprise which has a substantial portion of its stock-in-trade printed, visual or audio material of any kind or other novelties which are characterized by their emphasis on specified anatomical areas or specified sexual activities, including any such establishment having a substantial area devoted to the sale and display of such material. For purposes of this definition, "substantial portion" or "substantial area" shall be 25% or more of any of the following:
The number of different titles or kinds of such merchandise;
The number of copies or pieces of such merchandise;
The amount of floor space devoted to the sale and display of such merchandise; or
The amount of advertising which is devoted to such merchandise either in print or otherwise promoted via the broadcast media.
Any business enterprise which is other than an adult bookstore which has presentations characterized by emphasis on the description or depiction of specified anatomical areas or specified sexual activities during live shows, motion-picture films, videotapes or sound recordings presented to an audience of one or more individuals. Also included in this definition is any business enterprise, other than a bona fide medical or health service establishment, requiring a client or customer to display any specified anatomical area.
Includes:
Any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether clothed or unclothed, alone or between members of the same or opposite sex, or between humans or animals, in an act of apparent sexual stimulation or gratification.
B.
Restrictions.
(1)
No more than one of the enumerated adult uses shall be permitted on any single lot in the Town.
(2)
The property line of a parcel where said adult uses are located shall not be within 500 feet of any residential zoning district, measured as a straight line between the nearest points on the property lines.
(3)
The property line of a parcel where said adult uses are located shall not be within 500 feet of the boundary of any town or village, measured as a straight line between the nearest points on the property lines.
(4)
The property line of a parcel where said adult uses are located shall not be within 500 feet of the property lines of a school, place of worship, day-care center, park or playground or other lot containing another such use, measured as a straight line between the nearest points on the property lines.
(5)
The property line of a parcel where said adult uses are located shall not be within 1,000 feet of the property lines of a lot containing another such adult use, measured as a straight line between the nearest points on the property lines.
(6)
All adult bookstores and adult entertainment establishments shall be conducted in an enclosed building. Regardless of location or distance, no one who is passing by an enclosed building having a use governed by these provisions shall be able to visually see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.
(7)
No audio or video transmission of these adult uses, either by broadcast, telephone, satellite, microwave or other electronic transmission, to off-site locations shall be permitted.