Wallkill City Zoning Code
ARTICLE VII
Regulations Pertaining to Industrial Districts
§ 249-27 Enterprise District.
[Added 7-26-2007 by L.L. No. 15-2007[1]]
A.
Purpose. The Enterprise District is intended primarily to accommodate a variety of businesses engaged in the manufacturing, processing, distribution, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment without potential conflicts from interspersed residential uses. Other accessory commercial uses are allowed to support the range of services and employment opportunities. This district is intended to ensure that sufficient land area is appropriately designated within the Town to provide an adequate and diversified economic base that will facilitate job creation and retention.
C.
Special permit uses.
(1)
Airports/heliports.
(2)
Car washes.
(3)
Commercial recreation.
(4)
Dog kennels.
(5)
Gasoline filling and service stations.
(6)
Manufacturing and production.
(7)
Motor vehicle sales and rental establishments.
(8)
Motor vehicle repair establishments.
(9)
Office research facilities.
(10)
Self storage.
(11)
Veterinary hospitals.
(12)
Warehouses.
(13)
Wholesale establishments.
(14)
Quarries.
(15)
Junkyards.
D.
Accessory uses and structures. Accessory uses that are customarily incidental to an allowed principal use may be allowed in this district and must comply with the regulations and standards of this chapter. All accessory structures shall be subject to the same area and bulk requirements as are required for principal structures within such districts.
E.
Area and bulk requirements. Please note that the following table represents the baseline requirements, and in some cases, additional standards may apply (e.g., special permit uses or through overlay districts).
Lot Area (sq. ft.) | Lot Width (feet) | Lot Depth (feet) | Front Yard (feet) | Side Yard (feet) | Rear Yard (feet) | Height (feet) | Lot Cov- erage | Max- imum Imper- vious Cov- erage |
|---|---|---|---|---|---|---|---|---|
40,000 | 150 | 200 | 50 | 201 | 50 | 35 | 40% | 70% |
NOTES: | |
|---|---|
1 | 20 feet or equal to the height of the building, whichever is greater. |
F.
Outdoor storage of building supplies, raw material or equipment.
G.
Mandatory buffer of preexisting residential structures.
(1)
All nonresidential development shall provide buffering for adjacent, preexisting residential uses. In general, this buffering shall be developed to alleviate the impact of nonresidential development, including but not limited to:
(2)
Buffer area. The area of buffer shall be commensurate with the potential impact to neighboring properties.
(3)
Review process. During site plan review, development applicants shall provide a buffering plan demonstrating how the project will alleviate any potential adverse impacts to adjacent, preexisting residential structures. The Planning Board shall review the buffer plan and reject for resubmittal, accept, or accept with modifications. In all cases, the Planning Board review shall include review by the Town's landscape architect.
H.
Fences.
(1)
The Planning Board shall determine the need, placement, type and height of all fencing.
I.
Site plan approval.
(1)
A site plan showing the location of buildings, signs and other improvements including off-street parking facilities, truck loading spaces, landscaping and access to all public rights-of-way shall be submitted to the Planning Board for approval prior to the issuance of a building permit. The procedures and requirements set forth in § 249-38 of this chapter shall be adhered to.
(2)
Before approvals are given on buildings, the plat must note the type of use which will occupy the building. If the applicant does not know what use will occupy the building at the time of approval, the applicant must come back before the Planning Board for approval of the use before a certificate of occupancy can be issued for the building.
J.
Performance standards. No use shall be permitted that does not conform to the following standards of use, occupancy and operation. Such standards are hereby established as the minimum requirements to be maintained.
(1)
Noise. Noise not to exceed an intensity, as measured from the boundaries of the lot where such use is situated, greater than the average intensity occurrence and duration of the noise of street traffic at adjoining streets.
(2)
Atmospheric effluence. No dust, dirt, smoke, odor or noxious gases shall be disseminated beyond the boundaries of the lot, except in accordance with the standards approved by the New York State Department of Health or similarly empowered agency.
(3)
Glare and heat. No glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which the use is situated.
(4)
Industrial wastes. No solid or liquid wastes shall be discharged into any public sewer, private disposal system or stream or on or into the ground, except in accordance with the standards approved by the New York State Department of Health and in accordance with the Town of Wallkill Sewer Ordinance.[3]
(5)
Fire and explosion hazards. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited. The relevant provisions of state and local laws shall also apply.
(6)
Radioactivity or electromagnetic disturbance. No activities shall be permitted which emit dangerous radioactivity beyond the structure in which such activity is situated; nor shall any electrical disturbance be created which adversely affects the operation of any equipment, other than that of the creator of such disturbance.
[1]
Editor's Note: Former § 249-27, MI Manufacturing Industrial District, as amended, was repealed 7-26-2007 by L.L. No. 15-2007.
§ 249-27.1 Light Enterprise District.
[Added 7-26-2007 by L.L. No. 15-2007]
A.
Purpose. The Light Enterprise District is intended primarily to accommodate research- and development-oriented industries as well as distribution and manufacturing uses which do not include adverse effects from smoke, noise, odors, dust and dirt. This district is designed to attract and encourage uses that generally do not require processes associated with heavy industry and large-scale production. This district is also intended to accommodate several different forms of adult uses which serve as an outlet for free expression in the Town of Wallkill while also protecting the health, safety and general welfare of the community by mitigating the potential adverse secondary effects of such uses, as further regulated in Chapter 59 of the Town Code of the Town of Wallkill.
[Amended 7-31-2008 by L.L. No. 9-2008]
C.
Special permit uses.
(1)
Adult entertainment uses, subject to the further requirements of Town Code Chapter 59, entitled "Adult Entertainment," including, without limitation, Article I thereof, entitled "Locational Restrictions."
[Added 7-31-2008 by L.L. No. 9-2008[1]]
[1]
Editor’s Note: This local law also redesignated former Subsection C(1) through C(18) as Subsection C(2) through C(19), respectively.
(2)
Car washes.
(3)
Commercial recreation.
(4)
Day care and nurseries.
(5)
Eating and drinking establishments.
(6)
Funeral parlors and mortuaries.
(7)
Gasoline filling and service stations.
(8)
Hospitals.
(9)
Hotels/motels.
(10)
Manufacturing and production, light.
(11)
Motor vehicle sales and rental establishments.
(12)
Motor vehicle repair establishments.
(13)
Retail.
(14)
Research facilities.
(15)
Self storage.
(16)
Service and repair shops.
(17)
Veterinary hospitals.
(18)
Warehouses.
(19)
Wholesale establishments.
D.
Accessory uses and structures. Accessory uses that are customarily incidental to an allowed principal use may be allowed in this district and must comply with the regulations and standards of this chapter. All accessory structures shall be subject to the same area and bulk requirements as are required for principal structures within such districts.
E.
Area and bulk requirements. Please note that the following table represents the baseline requirements, and in some cases, additional standards may apply (e.g., special permit uses or through overlay districts).
Lot Area (sq. ft.) | Lot Width (feet) | Lot Depth (feet) | Front Yard (feet) | Side Yard (feet) | Rear Yard (feet) | Height (feet) | Lot Cov- erage | Max- imum Imper- vious Cov- erage |
40,000 | 150 | 200 | 50 | 201 | 50 | 35 | 40% | 60% |
NOTES: | ||
1 | 20 feet or equal to the height of the building, whichever is greater. | |
F.
Outdoor storage of building supplies, raw material or equipment.
G.
Mandatory buffer of preexisting residential structures.
(1)
All nonresidential development shall provide buffering for adjacent, preexisting residential uses. In general, this buffering shall be developed to alleviate the impact of nonresidential development, including but not limited to:
(2)
Buffer area. The area of buffer shall be commensurate with the potential impact to neighboring properties.
(3)
Review process. During site plan review, development applicants shall provide a buffering plan demonstrating how the project will alleviate any potential adverse impacts to adjacent, preexisting residential structures. The Planning Board shall review the buffer plan and reject for resubmittal, accept, or accept with modifications. In all cases, the Planning Board review shall include review by the Town's landscape architect.
G.1. | Mandatory buffering for adult entertainment uses. In addition to the requirements of this Chapter 249, adult entertainment uses shall be subject to all requirements of the Town of Wallkill Code Chapter 59, Adult Entertainment, including, without limitation, Article I thereof, entitled "Locational Restrictions." [Added 7-31-2008 by L.L. No. 9-2008] |
H.
Fences.
(1)
The Planning Board shall determine the need, placement, type and height of all fencing.
I.
Site plan approval.
(1)
A site plan showing the location of buildings, signs and other improvements including off-street parking facilities, truck loading spaces, landscaping and access to all public rights-of-way shall be submitted to the Planning Board for approval prior to the issuance of a building permit. The procedures and requirements set forth in § 249-38 of this chapter shall be adhered to.
(2)
Before approvals are given on buildings, the plat must note the type of use which will occupy the building. If the applicant does not know what use will occupy the building at the time of approval, the applicant must come back before the Planning Board for approval of the use before a certificate of occupancy can be issued for the building.
J.
Performance standards. No use shall be permitted that does not conform to the following standards of use, occupancy and operation. Such standards are hereby established as the minimum requirements to be maintained.
(1)
Noise. Noise not to exceed an intensity, as measured from the boundaries of the lot where such use is situated, greater than the average intensity occurrence and duration of the noise of street traffic at adjoining streets.
(2)
Atmospheric effluence. No dust, dirt, smoke, odor or noxious gases shall be disseminated beyond the boundaries of the lot, except in accordance with the standards approved by the New York State Department of Health or similarly empowered agency.
(3)
Glare and heat. No glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which the use is situated.
(4)
Industrial wastes. No solid or liquid wastes shall be discharged into any public sewer, private disposal system or stream or on or into the ground, except in accordance with the standards approved by the New York State Department of Health and in accordance with the Town of Wallkill Sewer Ordinance.[3]
(5)
Fire and explosion hazards. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited. The relevant provisions of state and local laws shall also apply.
(6)
Radioactivity or electromagnetic disturbance. No activities shall be permitted which emit dangerous radioactivity beyond the structure in which such activity is situated; nor shall any electrical disturbance be created which adversely affects the operation of any equipment, other than that of the creator of such disturbance.
§ 249-28 (Reserved) [1]
[1]
Editor's Note: Former § 249-28, PID Planned Interchange Development District, as amended, was repealed 7-26-2008 by L.L. No. 15-2007.