(a)

If any use could be construed to be incorporated within a more general use listing, the more specific listing, if any, shall control.

(b)

No use shall be permitted in any zoning district unless stated to be permitted in a specific or general permitted use listing for such zoning district.

(Code 1989, § 320-12)

The following temporary structures shall be deemed to be permitted uses in all zoning districts:

(1)

Temporary structures or uses incidental to construction work, including a nonilluminated sign, not exceeding 12 square feet in area, of any contractor, engineer or architect, which shall be permitted for a period of time not to exceed one year, provided that any such structure shall be removed forthwith upon the completion or abandonment of the construction work. Any extension of such time limit shall require the approval of the board of appeals, pursuant to section 82-113(d)(3).

(2)

The temporary use of a dwelling as a model home for a period of time not to exceed three months.

(3)

Any temporary structure or use permitted by the board of appeals as authorized in article 2, division 3 of this chapter.

(Code 1989, § 320-13)

In the R-1 single-family residence district:

(1)

Permitted principal uses or structures shall be as follows:

a.

Single-family dwelling with private garage.

b.

Church or similar place of worship, parish house, convent, rectory or parsonage.

c.

Private nonprofit elementary or secondary school accredited by the state department of education.

d.

Fire station without club facilities.

(2)

Permitted accessory uses or structures shall be as follows:

a.

Quarters for servants employed on the premises.

b.

An office or studio of a resident medical or osteopathic physician, dentist, physiotherapist, chiropodist, podiatrist, chiropractor, lawyer, engineer, architect, accountant, insurance agent, real estate agent, artist, musician, teacher or single-operator residence beauty shop, provided that:

1.

Such use shall be located within a dwelling and shall be clearly incidental to the primary residential use.

2.

No more than one person shall be employed on the premises as an assistant to the resident.

3.

Such use shall not include the confinement of any person under care or treatment.

c.

Buildings for private horticultural purposes, provided that no solid fuel is used and that such buildings shall be located at least 20 feet from any lot line and shall not exceed 12 feet in height.

d.

Off-street parking, including the parking of not more than one commercial vehicle, provided that it is used by the occupant of the premises, does not exceed three-fourths ton rated capacity and is stored within a completely enclosed building.

e.

Private family swimming pool, subject to the issuance of a building permit, provided that it is located in the rear of the front setback line of the principal structure or, in the case of a corner lot, located in the rear of the setback line as determined by section 82-273(b).

f.

The storage of flammable liquids in quantities not to exceed 25 gallons. This limitation shall not apply to fuel oil used for heating structures on the premises.

g.

Home occupation as defined in section 82-1.

h.

Other customary accessory uses or structures, but not including any use conducted for gain, or an access drive or walk to business or industrial premises.

No house trailer or any structure designed to be moved from place to place shall be used and occupied for living or sleeping accommodations in any part of the city unless authorized by the building inspector.

(Code 1989, § 320-17)

In the R-2 general residence district:

(1)

Permitted principal uses or structures shall be as follows:

a.

Principal uses and structures as permitted and regulated in the R-1 single-family residence district.

b.

Two-family dwelling.

c.

Multifamily dwelling.

d.

Dwelling group.

e.

Roominghouse or boardinghouse.

f.

Attached single-family dwelling units (townhouses) in compliance with the following:

1.

Each dwelling must be accessible by means of a public or private street for service and emergency vehicles.

2.

The location, design and construction of all utilities must meet all applicable specifications and must be adequate to service the needs of the cluster or group.

3.

The standards of design and construction for private streets shall meet applicable city specifications for public streets unless modified by the approved site plan.

4.

The procedures for the preservation and maintenance of private streets, pedestrian ways and common open space shall comply with all applicable laws.

(2)

Permitted accessory uses or structures shall be as follows: Accessory uses or structures as permitted and regulated in the R-1 single-family residence district.

(Code 1989, § 320-18; Res. of 2-4-1997(2))

In the R-C residential-restricted business district:

(1)

Permitted principal uses or structures shall be as follows:

a.

Principal uses or structures as permitted and regulated in the R-2 general residence district.

b.

Telephone exchange.

c.

Real estate or insurance office.

d.

Mortuary.

e.

Art, dance, music or photographic studio.

f.

Optician or optometrist.

g.

Fire station with club facilities.

h.

Meeting rooms for private club, lodge or fraternal organization.

i.

Hospital: a general medical-surgical hospital for the treatment of human ailments.

j.

Nursery school for preschool children, with the approval of the zoning board of appeals.

k.

The following uses, provided that when they are used primarily for the treatment of contagious diseases, mental patients or drug or liquor addicts, a special permit authorized by the board of appeals shall be required:

1.

Medical building consisting of offices or clinics for medical doctors, dentists, osteopaths, chiropractors, chiropodists or podiatrists.

2.

Nursing, convalescent or boarding home.

3.

Nonprofit institutions for charitable, religious, cultural or community social purposes.

l.

Other administrative, professional or executive offices, but not including the sale, manufacture, servicing or storage of merchandise or goods upon the premises.

(2)

Permitted accessory uses or structures shall be as follows:

a.

Accessory uses or structures as permitted and regulated in the R-2 general residence district, but without limitations on accessory offices within a dwelling.

b.

Restaurant, newsstand, pharmacy or other incidental service in connection with a hospital, medical building or nonprofit institution when conducted within the building. No exterior display or advertising concerning these services shall be permitted. Access to these areas shall be from within the principal building.

c.

Restaurant in connection with club facilities, lodge or fraternal organization.

d.

Club swimming pool.

e.

Antique shop within a completely enclosed building as a home occupation.

(Code 1989, § 320-19)

In the C-1 neighborhood shopping district:

(1)

Permitted principal uses or structures shall be as follows:

a.

Principal uses or structures as permitted in the R-C residential-restricted business district.

b.

The following uses when conducted within a completely enclosed building, but not any use first permitted in the C-2, C-M or M-1 district:

1.

Retail sales (new merchandise), provided that the gross floor area of an individual store does not exceed 5,000 square feet.

2.

Personal service establishments, i.e., barbershop, beauty parlor, shoe repair shop, etc.

3.

Laundromat, dry cleaning or laundry pickup station.

4.

Drive-in bank, provided that at least five reservoir spaces are provided on the lot for each drive-in teller window.

5.

Radio and television repair shop.

6.

Restaurants (excluding drive-through operations) or venue/event spaces authorized pursuant to special use permits.

(2)

Permitted accessory uses or structures shall be as follows: Accessory uses or structures as permitted and regulated in the R-C residential-restricted business district.

(Code 1989, § 320-20; Res. of 7-25-2023, § 142)

In the C-1A neighborhood shopping district, permitted principal uses or structures shall be as follows:

(1)

Principal uses and structures as permitted in the C-1 neighborhood shopping district.

(2)

Personal service restaurants as defined in section 82-1.

(Code 1989, § 320-21)

In the C-2 central retail district:

(1)

Permitted principal uses and structures shall be as follows:

a.

Uses and structures permitted in the C-1 district.

b.

Retail sales, without the gross floor area requirement on individual stores.

c.

Full-service restaurant.

d.

Theater (indoor).

e.

Hotel or motel.

f.

Bank or financial institution.

g.

General appliance repair service.

h.

Newspaper or custom printing shop.

(2)

Permitted accessory uses and structures shall be as follows:

a.

Accessory uses permitted in the C-1 district.

b.

Shops for the manufacture and/or processing of articles incidental to the conduct of a retail business which is being lawfully conducted on the premises, provided that:

1.

All such articles manufactured and/or processed are sold at retail on the premises;

2.

No more than four persons are engaged in such manufacturing and/or processing at any one time in any one establishment; and

3.

Such activity shall not produce offensive odors, noise, vibration, heat, glare or dust.

c.

Warehouse facilities for the permitted principal use.

d.

Other customary accessory uses or structures.

(Code 1989, § 320-22)

In the C-M general commercial services district:

(1)

Permitted principal uses or structures shall be as follows:

a.

Principal uses and structures as permitted and regulated in the C-2 district.

b.

New and/or used motor vehicle sales and service.

c.

Gasoline service station, subject to the provisions of section 82-445.

d.

Camp trailer, house trailer, boat or marine sales or service, subject to the provisions of sections 82-444 and 82-445.

e.

Motor vehicle parts sales and service.

f.

Drive-in restaurant, but not on a lot where a side lot line abuts any R district boundary.

g.

Monument sales establishment with incidental processing to order, but not including the shaping of headstones. All processing shall be conducted within a completely enclosed building.

h.

Laundry or dry cleaning plant.

i.

Custom shops, including but not limited to printing, electrical, heating, plumbing or woodworking shops.

j.

Amusement enterprises conducted within a completely enclosed building.

k.

Beverage distributor.

l.

Commercial greenhouse or nursery.

m.

Rapid carwash, subject to the provisions of section 82-444, provided that a minimum of 20 usable reservoir spaces are furnished for the first wash lane or rack, plus ten usable reservoir spaces for each additional wash lane or rack.

n.

Railway or bus passenger terminal.

o.

Self-service carwash establishment, subject to the provisions of section 82-444, provided that a minimum of five usable reservoir spaces are furnished for each wash lane or rack.

p.

The following uses, provided that they are conducted within a completely enclosed building or within an area enclosed by a solid fence or wall not less than seven feet and not more than ten feet in height:

1.

Public garage, but not including motor vehicle wrecking or the storage of such vehicles which are not eligible for New York state motor vehicle inspection stickers.

2.

Warehouse or distributor's depot, but not including a truck terminal.

3.

Building materials storage, including the production of incidental millwork.

4.

Auction sales center.

5.

Animal hospital or kennel located at least 100 feet from any R district boundary.

6.

Secondhand store.

7.

Machine tool sales, rental or service.

(2)

Permitted accessory uses and structures shall be as follows: Permitted accessory uses and structures as permitted in the C-2 district.

(Code 1989, § 320-23(A), (B))

(a)

Permitted uses.

(1)

Permitted principal uses or structures shall be as follows:

a.

Public and private parklands and trails.

b.

Retail sales.

c.

Recreational uses (indoor and outdoor).

d.

Full service restaurants.

e.

Offices.

f.

Medical services.

g.

Custom shops, including but not limited to printing, electrical, heating, and plumbing or woodworking shops; outdoor storage is prohibited. Parking of commercial vehicles is permitted in backyards only, and where a backyard fronts on a street, it is considered a front yard in terms of this requirement.

h.

Light manufacturing/assembly of component parts (in compliance with M-2 district regulations).

i.

Art, music and dance studios/related shops and sales.

j.

Wholesale and distribution establishments.

k.

Industrial research laboratories.

l.

Research facilities, including laboratories and testing facilities.

m.

Sales, service or repair of industrial machinery and motorized heavy equipment.

(2)

Permitted accessory uses or structures shall be as follows:

a.

Structures incidental to the primary use on the site.

b.

Warehousing incidental to the primary use on the site.

(3)

Uses allowed with a special use permit:

a.

Public utilities, structures and facilities.

(4)

Use restrictions. Uses not specifically listed are not allowed unless it is determined that they meet the requirements of the intent of this section. However, the following uses are explicitly not permitted within this district:

a.

Residential uses.

b.

Junk yards, waste transfer stations, scrap yards.

c.

Public mini-storage/personal storage.

d.

Outdoor storage areas.

e.

Truck terminals.

f.

Automobile sales and service, including but not limited to motorized vehicles whose primary purpose or use is for the transportation of people or cargo.

g.

Cellular towers.

h.

Churches (not suitable for nature and intent of area).

i.

Adult uses.

(b)

Bulk requirements. These requirements of the SCD are in lieu of any similar requirements located in article 5, bulk requirements, of the city's zoning regulations. Other requirements of the city's zoning law not specifically addressed in this zoning district still apply to any proposed project.

(1)

Division 1. General.

a.

Lot area.

1.

There is no minimum lot size established, but lot size must be sufficient to accommodate all requirements for yards, open space, buffers, off-street parking requirements and design standards established within the zoning for this district.

b.

Lot width.

1.

There is no minimum lot width for buildings, but lot width must be sufficient to accommodate the size of the building, parking requirements, setbacks, buffers, landscaping and design requirements (lots less than 100 feet are strongly discouraged).

c.

Height of buildings.

1.

Maximum height of buildings shall be 35 feet (except for decorative features such as peaks or façades, but in no case over 45 feet).

2.

Flagpoles, antennas or similar accessory structures may extend not more than 20 feet above the roof of the building.

d.

Accessory uses and structures.

1.

Accessory structures:

A.

Requirements are the same as primary buildings.

B.

Accessory uses must be directly incidental to the primary use on site.

2.

Location of accessory structures:

A.

No accessory uses shall be located in a front yard or in the required side yard (setback area). The preference is to locate such uses in the rear of the property, unless incidentally related to activities at the front or side of the property (i.e. gate attendant booth at a parking lot entrance).

B.

Accessory uses shall be located in such a manner as to not detract from the greenspace, open space, and buffer areas located on site.

e.

Open parking areas and walkways.

1.

Open off-street parking facilities:

A.

All parking spaces shall be ten feet × 20 feet.

B.

All handicapped spaces shall be ten feet × 20 feet with an eight-foot buffer on at least one side.

C.

Standard parking schedules apply as per section 82-351 of the City Code.

D.

In addition to the above requirements and the parking and loading standards in other sections of the City Code, the planning board may consider for approval alternative parking plans for shared parking or for reduced number of spaces. In approving an alternative parking plan, the planning board may establish conditions necessary to assure the adequacy of future on-site parking including requiring a written, recorded shared parking agreement to be enforced by the building inspector.

2.

Parking areas:

A.

Preferred location for parking is at the rear or side of the property unless the parking area serves to increase the buffer distance between the proposed use and adjacent properties and is approved by the planning board. Parking is not allowed to be located within the required minimum side yard setback areas.

B.

Any parking located in the front or side lot of the site shall be screened from the roadway and residential uses. Acceptable screening includes decorative fencing and/or landscaping consisting of low evergreen shrubs. All screening proposed must be compatible with existing screening within 500 feet.

C.

Where off-street parking is provided in a front yard (screening required) the minimum parking setback shall be the same as the required front yard setback listed in this zoning district for the building (see next section). In cases where properties front on an existing perimeter road and an internal access road, the perimeter road shall be considered the front yard.

D.

Shared parking between buildings is acceptable and highly encouraged.

E.

Enclosed parking is allowed but must be incorporated into and directly connected to the overall building design plan.

3.

Walkways:

A.

Any parcel fronting on a street is required to provide an accessible connection to existing sidewalk infrastructure.

B.

Where no sidewalks are currently developed, the sidewalk will be installed for the length of the frontage for future connections.

C.

For any area of the site that accommodates pedestrian movements (i.e. parking lots and alley ways between buildings), walkways must be incorporated in the development plan.

4.

Loading and stacking:

A.

All loading and stacking will be developed as per the City of Tonawanda Zoning Ordinance.

f.

Front yard (buildings).

1.

Minimum front yard depth shall be as follows:

A.

Adjacent to or across the street from residential districts or uses: Minimum depth of 50 feet from right-of-way.

B.

Adjacent to commercial uses: Minimum depth of 20 feet from right-of-way except where off-street parking is provided in a front yard (screening required) the minimum depth shall be 30 feet from right-of-way.

C.

These requirements are also for accessory structures and uses, and are in addition to the other requirements in the city's codes for accessory structures and uses.

g.

Side yard (buildings).

1.

Minimum side yards shall be as follows:

A.

Adjacent to or across the street from residential districts or uses:

i.

If the proposed use is commercial in nature, a minimum of 35 feet (includes accessory uses, and principal uses).

ii.

If the proposed use is industrial in nature, a minimum of 50 feet (includes accessory uses, and principal uses).

B.

Adjacent to commercial uses:

i.

Minimum of ten feet on one side.

ii.

If parking lot is shared between commercial uses then side yard is not required on that side only.

C.

Corner lots: On a corner lot where the rear lot line coincides with a side lot line of an adjoining lot, the width of the exterior side yard shall be the same as the front yard requirement that the side yard abuts.

h.

Rear yard (buildings).

1.

Minimum rear yards shall be ten feet, except where the rear yard abuts a residential district, where the minimum rear yard shall be 30 feet if the principal use is commercial in nature, or 50 feet if the principal use is light industrial in nature.

i.

Lot and building coverage lot coverage shall not exceed 75 percent of the site, inclusive of all buildings, parking areas and other impervious surfaces. Around the perimeter of the site or as determined by the planning board, an additional ten feet of setback area is required for public use (this is in addition to the minimum required yard requirements for parking and buildings). This linear park area shall be developed and maintained by the developers/owners of the site. Access easements shall allow the public to utilize this linear park.

j.

Utilities. All utilities required for site development should be located underground, to the greatest extent practicable.

k.

Sidewalks. A five-foot wide privately owned sidewalk (maintained by the property owner) will be required on all street frontages unless otherwise provided by the city.

l.

Noise. To ensure that noise will not be detrimental or aggravating to neighboring properties and uses, proposed uses will not be allowed to generate noise that is greater than 3-6 decibels over background noise (at a sensitive noise receptor) in accordance with the NYSDEC Noise guideline manual ("Assessing and Mitigating Noise Impacts," document # DEP-00-1, or latest version).

(c)

Design requirements.

(1)

Site plan required. All development within the district shall require the submittal of a site plan to the building inspector's office and will be required to receive planning board approval (see site plan requirements).

(2)

Landscaping.

a.

Landscaping shall be provided and maintained to enhance the general appearance of the development and to supply a visual break of the built environment. It will harmonize with the proposed buildings and the surrounding areas. Appropriate shrubs, trees and plant materials shall be arranged in beds, rows, islands, berms and clusters and foundation and area plantings and shall give definition to street edges and provide screening. Landscaping shall be in accordance with the following requirements and any additional standards set by the planning board as a condition of site plan approval.

b.

The applicant shall submit a landscape plan with the required site plan. The landscape plan shall be prepared by a landscape architect or arborist and describe the plant species, their locations and size at planting and maturity. All plants, trees and shrubs shall be planted and maintained in good condition. Landscaping materials selected shall be appropriate to the growing conditions of this climatic zone.

c.

The landscape plan must provide details for all open spaces areas and buffers located on the site.

d.

The landscape plan shall provide adequate screening for all utility buildings, loading docks, refuse collection areas, cooling systems, storage areas and similar structures, installations and features.

e.

The landscape plan should address green islands within the parking lot. Parking areas should include a minimum of five percent green areas within the total parking field when larger than 20 spaces. Final decisions on these landscaped islands shall be made by the planning board.

f.

All trees shall have a minimum caliper of two and one-half inches measured six inches above ground level at the time of planting and an average crown spread of 15 feet or more at maturity. Trees with smaller canopies may be grouped to create the equivalent of a 15-foot crown. Shrubs shall be a minimum of two feet in height at planting.

g.

At least 25 percent of the site total shall be maintained as green/open space (this area is exclusive of any ROW or drainage infrastructure required).

h.

Foundation plantings must be included on all building sides that face a public right-of-way. The minimum width of the planting area is four feet.

i.

Any portion of the site abutting a residential area must be landscaped to provide aesthetic quality and adequate buffering of the uses.

j.

Landscaping will consist of living materials. Materials such as stone and rock can be utilized to augment the landscaping.

k.

All landscaping placed on site shall be maintained by the owner of the property.

(3)

Streetscaping.

a.

All required minimum yards shall be landscaped and maintained in a neat and orderly manner by the owner of the property.

b.

A landscaped area of not less than five feet in width shall separate parking areas located on different parcels.

c.

Along all frontages there will be a minimum of a ten-foot landscaped area.

d.

Trees shall be required along the frontage of adjoining principal business streets at a pattern of no less than one tree for every 30 linear feet of frontage. Plantings shall not obscure sight lines at drive entrances.

e.

Maintenance of all streetscaping shall be the responsibility of the property owner.

(4)

Building façades.

a.

Proposed elevations and perspective drawings shall be submitted at the time of site plan application. Information shall be provided on proposed façade treatments and building materials.

b.

All buildings shall have all exterior walls finished with durable natural appearing materials such as masonry, stone, brick, finish grade wood (such as clapboard or shingle), stucco embossed metal panels, or other natural appearing materials.

c.

The sides of the building exposed to the street (façade) shall be finished with face brick or its equivalent or better. Outside faces of wall abutting the façade shall be finished in the same materials.

d.

Long, uninterrupted blank walls of more than 30 feet are discouraged. Uninterrupted façades are not permitted for sides of the building visible from the public right-of-way.

e.

A minimum of ten percent of any roadway facing façade should be glass or window area.

f.

Multiple buildings on the same site shall be designed to create a cohesive visual relationship between the building and their neighbors.

g.

Variety in the visible façade of the building is encouraged through use of mixed materials, windows, awnings or other similar detailing. Main entrances to buildings deriving access from the parking lot must be clearly lighted and enhanced in a manner to distinguish them as access points.

(5)

Lighting.

a.

The site plan shall show the design, placement and height of all lighting fixtures.

b.

Lighting must be shielded to cast downward only, creating the least possible light spillage. To accomplish this, lighting shall specify IES (Illuminating Engineering Society) "full cut off" designated or "fully shielded" fixtures, so that no light is emitted above the lowest light emitting part of the fixture.

c.

The lighting plan must also consider other design concepts to accomplish "dark sky" principles. The planning board in their review will look for designs that include such things as; compact fluorescent (2300k) or high pressure sodium bulbs, the utilization of "shut off" controls such as sensors, timers, motion detectors, etc., and designs that include light levels and uniformity ratios not exceeding recommended values per IESNA RP-33 or 20 (lighting for exterior environments and parking lots respectively).

d.

Light standards in parking areas can be free standing pole lights, with a maximum height of 20 feet.

e.

A photometric plan must show lighting impacts to the property and 50 feet beyond the property boundary. It is the intent of this district to not allow any light to spill over to any adjoining properties (0.1 footcandles to adjoining businesses and 0.05 footcandles to any adjoining residential uses).

(6)

Signage.

a.

Signage shall be of appropriate size and scale, and aesthetically designed, so as to improve the overall quality of the area.

b.

No signage shall be permitted on any lot unless it is either attached to a building or is freestanding and has received approval through the site plan process.

c.

Signage shall not include flashing lights or animation.

d.

Freestanding signs shall not be installed on pylons or greater than eight feet in height.

e.

All signage must also conform to article 6 of the zoning code and other standards of the city.

(7)

Screening.

a.

Parking lots (located near existing streets or uses) must be screened in such a way that the associated noise, odor and dust are minimized (see section 82-444 of the zoning law).

b.

Allowable materials include: Solid construction walls (brick, stone, etc.), dense vegetative screening a minimum of five feet in height, and fencing (solid with decorative side facing out).

(8)

Loading areas.

a.

Required loading areas shall be located so as to not be visible from public streets, pedestrian walkways or public open space. If they are located where visible from such areas, they shall be completely screened with opaque materials.

b.

All loading areas will be located the farthest from property lines, rights-of-way and public areas as practicable.

c.

Loading areas are not allowed in the front yard area of any building.

d.

Loading areas must also be consistent with other requirements of the city's codes. The planning board, in this zoning district, has the power to modify these requirements on a case by case basis as long as it meets the intent and objectives of the district.

(9)

Off-street loading.

a.

Each use requiring deliveries or shipments considered to be cargo shall provide a minimum of one space with dimensions of 12 by 35 feet, with a height clearance of 14 feet.

b.

Uses requiring loading spaces on site must submit a routing plan indicating access to and from the site and assurance of height requirements.

c.

The loading space will not be used for an alternative use or count towards off-street parking requirements.

(d)

Specialty area requirements.

(1)

Hinds Street and Dodge Drive.

a.

Scale. Development fronting on Hinds Street or Dodge Drive must be compatible with the scale of the existing neighborhood development across the street, either through size of building or modulation of the façade to reduce the overall bulk and mass of the buildings.

b.

Lot layout. Any parking areas fronting the street must be screened (see screening requirements, above). If the development is situated so that Hinds Street is the back of the property, additional screening and buffering (distances) shall be required to minimize adverse impacts to neighboring residences.

c.

Building materials. High quality building materials shall be used for any portion of the building facing Hinds Street or Dodge Drive (glass, stone, brick, etc.).

d.

Walkway connections. Development should maintain adequate greenspace at the perimeter to allow for connections into pedestrian trail system.

e.

Parking. Parking along Hinds Street and Dodge Drive should be located in the back of buildings or if in front, screened in a style that is a complimentary blend of the existing surrounding development and new development.

(2)

Adjacent to residential properties (Enterprise Avenue, sections of Dodge, Wheeler).

a.

Any development that directly abuts a property line of a residential parcel must provide a buffer of at least 100 feet from such property line. Buffer areas will need to be landscaped as determined by the planning board.

b.

Additional screening of fencing or landscaping may be required.

(e)

Site plan review requirements and process. All site plans must conform to the city's site plan review law and the following minimum standards:

(1)

Requirements.

a.

Site plan approval from the planning board is required for all applications within the SCD. Plans must be prepared by a licensed architect, landscape architect or engineer.

b.

In the SCD, the following items are the minimum requirements of any development application submitted (in addition to any requirements of the site plan law):

1.

Site plan.

2.

Drainage/grading plan.

3.

Lighting (photometric) plan.

4.

Signage plan.

5.

Landscaping plan.

6.

Architectural rendering of site from all sides.

7.

Estimated traffic to be generated by the site.

(2)

Waivers. The planning board may waive or modify any of the "design and/or bulk requirements" in this zoning district, but in doing so, must not diminish the intent and purpose of the district. Waivers or modifications must be clearly articulated, with supporting reasoning, in any approvals of the project.

(Res. of 6-2010; Res. of 4-2-2013, § 87; Res. of 2-4-2020, § 23)

In the M-1 manufacturing district:

(1)

Principal uses of structures shall be as follows:

a.

Principal uses or structures, except dwellings, as permitted in C-2 districts, provided that an existing dwelling shall not be considered a nonconforming use but shall not be enlarged so as to increase the number of dwelling units contained therein.

b.

Any other trade, industry or use which is not a menace to public health, a nuisance in law or fact or noxious or offensive by reason of emission of odor, dust, smoke, gas and/or unusual, continuing and vexatious noises.

(2)

In order that it shall be clear that certain uses are permitted only in the M-1 manufacturing district and are prohibited in all other districts, the following uses are listed as being permitted M-1 uses as long as they conform to subsection (1)b of this section:

a.

Concrete products manufacturing or batching plant.

b.

Incinerator (public or privately operated).

c.

Open storage of lumber, coal or contractor's equipment and material.

d.

Railroad freight and classification yard.

e.

Welding shop.

f.

Bag cleaning.

g.

Foundry.

h.

Truck terminal, including any premises where any vehicle used in long distance freight hauling or where any tractor-trailer combination or automobile conveyor is parked, loaded or unloaded.

i.

Storage, sorting or baling of wastepaper or rags.

j.

Boiler making.

k.

Metal plating works, electrolytic or hot-dip process.

l.

Planing or woodworking mill.

m.

Adult uses.

(Code 1989, § 320-24)

In the M-2 light industrial district:

(1)

Principal uses of land and structures shall be as follows:

a.

Principal uses or structures, except dwellings, as permitted in the C-M district, provided that an existing dwelling shall not be considered a nonconforming use but shall not be enlarged so as to increase the number of dwelling units contained therein, and no new residential uses or structures shall be allowed in this district.

b.

Any other trade, industry or use allowed in this section which is confined inside structures and is not a menace to public health or safety, a nuisance in law or fact or noxious or offensive by reason of emission of odor, dust, smoke, gas and/or unusual, continuing and vexatious noises. No glare nuisances to adjacent properties shall be allowed.

(2)

In order that it shall be clear that only certain light industrial uses are permitted in the M-2 light industrial district in contrast to those more general uses allowed in the M-1 manufacturing district, the following uses are listed as being permitted M-2 uses as long as they conform to subsection (1)b of this section. Uses shall include but not necessarily be limited to:

a.

The manufacture, compounding, assembling and/or treatment of articles or merchandise from previously prepared materials or components consisting of fiber, glass, fur, leather, paper, plastics, wax, wood and wire, provided that no chemical process is involved in the basic manufacture of such materials.

b.

Industrial or contract laboratories engaged in research, testing and experimental works, including processes normal to laboratory practice and technique.

c.

Local, district, regional, national or international offices or headquarters of any corporate operation and uses incidental to the establishment thereof.

d.

The manufacture and/or assembly of electronic or electrical devices and appliances and the application or manufacture of atomic devices provided that safeguards are taken to prevent hazard or annoyance to the community.

e.

The manufacture and/or assembly of musical instruments, business machines, amusement devices, novelties, toys, custom-built boats, grinding wheels and other similar small products for the consumer, industrial or governmental market.

f.

The manufacture, compounding, processing and storage of candy and confections, frozen foods, cosmetics, pharmaceutical products, toiletries and food products.

g.

Tool, die and pattern making and machine shops, provided that any obnoxious or annoying noises and/or vibrations are confined within the premises.

h.

The manufacture and/or assembly of small mechanical, electrical, electronic or optical tools or instruments.

i.

The manufacture of paper and paper products not involving the reduction and processing of wood pulp and fiber, and printing or publishing operations.

j.

The continuance of existing office, retail and service uses, but no retail or service uses which are not totally contained within a structure shall be expanded or established. Retail or service uses which require outside display or storage of products shall not be expanded or established in this district.

(3)

Limitations on uses are as follows:

a.

All yard, bulk, height, parking, loading, sign, screening and other regulations in this chapter which apply to the M-1 manufacturing district shall also apply to the M-2 light industrial district.

b.

Any use of land, building or structure that may be hazardous, noxious or injurious by reason of production or emission of dust, smoke, refuse matter, odors, gas, fumes, noise, vibration or similar circumstances or conditions is prohibited.

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c.

The following principal uses as described in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, United States Government Printing Office, Stock #4101-0066, shall be and hereby are declared prohibited principal uses in the M-2 light industrial district and shall not be expanded or established therein:

(Code 1989, § 320-25)

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