Regulations for the Industrial A District shall be as follows:
A. Uses permitted after site plan review:
(1) Industrial use.
(2) Business office.
(3) Vehicular freight service.
(4) Retail business.
(5) Warehouse business.
(6) Wholesale business.
(7) Facilities for the provision of natural gas, other than containerized natural gas, to the local community, except storage or heavy equipment yards. [Amended 6-11-2002 by L.L. No. 3-2002] (8) Commercial dry-cleaning and/or laundry establishment.
(9) Public park or playground.
(10) Research facility.
(11) Adult uses meeting the requirements of § 240-18H below. [Added 5-8-2001 by L.L. No. 7-2001] (12) Accessory buildings and structures to Subsection A(1) through (11) above. [Amended 5-8-2001 by L.L. No. 7-2001] (13) Facilities necessary for the provision of electrical service to the local community, except storage or heavy equipment yards. [Added 6-11-2002 by L.L. No. 3-2002] (14) Facilities, other than towers, necessary for the provision of standard land line telephone service to the local community, except storage or heavy equipment yards. [Added 6-11-2002 by L.L. No. 3-2002] (15) Facilities, other than towers, necessary for the provision of cable television service to the local community, except storage or heavy equipment yards. [Added 6-11-2002 by L.L. No. 3-2002] B. Uses permitted only upon issuance of a special permit:
(1) Storage yard.
(2) Motor vehicle sales.
(3) Motor vehicle service and repair.
(4) Car or truck wash.
(5) Gasoline station.
(6) Restaurant.
(7) Motel or hotel.
(8) Parking facility.
(9) Commercial transmitting, relaying or receiving facility.
(10) Power generating facility.
(11) Accessory buildings and structures to Subsection B(1) through (10) above.
(12) Any use on a lot in an industrial zoning district which is adjacent, disregarding public rights-of-way, to a residential zoning district any use which is not conducted entirely within an enclosed building or structure; and any use involving outside storage of materials, equipment, products or by-products.
C. Uses requiring site plan review.
(1) All uses permitted in Subsection A shall require site plan review by the Town Board.
(2) In addition, any use listed in Subsection B, which either contains more than 10,000 square feet of gross floor area or is greater than 55 feet in height shall require a site plan review by the Town Board in lieu of a special permit review.
D. Nonresidential lot and structure requirements:
(1) Lot:
(a) Minimum area: none.
(b) Minimum lot width: none.
(c) Maximum lot coverage: The gross area covered by buildings, structures, parking lots, storage areas, driveways and signs shall not exceed 80%. This requirement may be waived by the Town Board during site plan review or by the Board of Appeals during special permit review.
(2) Principal and accessory structures:
(a) Front yard setback: 40 feet.
(b) Side yard setback: 10 feet.
(c) Rear yard setback: 10 feet.
(d) Maximum height. No structure may exceed 55 feet unless granted an exemption by the Town Board during site plan review.
E. Minimum performance standards. The Code Enforcement Officer shall ensure that the following standards are adhered to within an Industrial A District by any use which is not exempt from these standards because of a legal
nonconforming use status. Failure to meet these standards shall be reported to the Town Board, which may take such
actions as it deems necessary in accordance with this chapter, including but not limited to revoking the certificate of
occupancy. These minimum standards shall be in addition to meeting any and all federal, New York State and
Onondaga County health and safety requirements and standards.
(1) Noise. No use within an industrial zone shall emit a measurable noise which shall be unreasonably loud or disturbing
to surrounding property owners and/or users. The standards for determining whether a noise is unreasonably loud or
disturbing shall be as follows:
(a) No noise measured at a property line of an industrially zoned property shall exceed 70 decibels during the period
between 6:00 a.m. and 10:00 p.m. or 60 decibels during the period between 10:00 p.m. and 6:00 a.m. The decibel
limits shall be decreased by five decibels for any industrially zoned property adjacent to a residentially zoned
property.
(b) Sound-pressure levels in decibels shall be measured on the A-weighted response scale with a meter set to the slow
response mode. Sound level meters used shall have the characteristics defined in the American National Standards
Institute Publication S1.4 1971 (R1983). Measurements shall be conducted in accordance with ANSI S1-36, 1979.
(c) The sound level may not exceed these established sound levels by more than six decibels for a period of more than six
minutes during any sixty-minute continuous period.
(d) Noise as measured at the property line shall not be objectionable due to intermittence, beat frequency, high frequency
or other disturbing characteristics. For noises that the Code Enforcement Officer determines to be impulsive in
character (example, hammering) or objectionable for any of the other above-noted characteristics, then the standards
cited in Subsection E(1)(a) shall be reduced by five decibels. Sounds of short duration, such as impact noises, shall be
measured with either an impact analyzer or a sound-level meter having a standardized I (impulse) characteristic.
(e) Exemptions. The following uses and activities shall be exempt from the noise level regulations:
[1] Noises emanating from temporary construction and maintenance activities between 7:00 a.m. and 6:00 p.m.
[2] The noises of safety signals, warning devices, emergency pressure-relief valves or other emergency warning signals.
[3] Transient noises of moving sources such as automobiles, trucks, airplanes and railroads. Uses requiring regular
deliveries by truck may be required by the Board with appropriate jurisdiction to reduce noise levels to an approved
level based on proximity of residential uses. In no case shall the required noise levels be lower than those outlined
above.
(2) Odor. No use within an industrial district shall emit an odor that is unreasonably offensive as measured at the property
line of the use.
(3) Dirt, dust, heat, toxic emissions and radiation interference. No use within an industrial district shall create or emit
dust, heat, dirt or other particulate matter, radiation, toxic emissions or electronic or radio interference which shall
adversely affect uses on adjacent or neighboring properties.
(4) Storage. No goods, materials, waste, trash, garbage or other matter shall be stored outside of a building without being
fully enclosed to provide both screening, security and containment. Any exception to this type of storage, such as
storage of bulk raw materials, shall be granted by the appropriate Board during the site plan review procedure. This
storage approval may be revoked if a change of ownership or use occurs or if the storage results in an adverse impact
on adjacent properties.
(5) Vibration.
(a) Ground-transmitted vibration shall be measured with a seismograph capable of recording simultaneously vibration
vectors in three mutually perpendicular directions.
(b) “Vibration” is the periodic displacement or oscillation of the earth.
(c) For administrative purposes, vibration shall be measured at or beyond any adjacent lot line or residential district line,
and such measurements shall not exceed the particle velocities as designated in Table I. The maximum vibration is
given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of
displacement and frequency.
[1] When computed, the following formula shall be used:
P.V. = 6.28 D x F
Where
P.V. = Particle velocity in inches per second.
D = Single amplitude displacement in inches.
F = Vibration frequency (Hertz) in cycles per second.
[2] The maximum particle velocity shall be the maximum vector sum of the three mutually perpendicular components
recorded simultaneously.
Table I
Maximum Peak
Particle
Velocity
(inches per second)
Vibration A* B C
Steady .02 .05 .10
state**
Impact*** .04 .10 .20
NOTES:
* Reduced by 1/2 between 10:00 p.m. and 6:00 a.m.
** STEADY STATE — Vibrations which are continuous or vibrations in discrete impulses more frequent than 60 per minute.
*** IMPACT — Discrete impulses which do not exceed 60 per minute.
A = Vibration velocity measured at a residential district boundary.
B = Vibration velocity measured at the boundary of an industrial district and any other district, excluding residential districts.
C = Vibration velocity measured at an adjacent lot line within the industrial district.
(6) Glare. No illumination shall cause direct light rays to cross any property line in an industrial district. All permanent outdoor lights, such as those used for area lighting or building floodlighting, shall be steady, stationary, shielded sources directed to avoid causing a hazard to motorists or pedestrians or causing direct light rays on other properties. The marginal increase in light as measured at any property line other than a street line shall not exceed one footcandle; only a marginal increase in light of 0.5 footcandle shall be permitted at any property line which is also a residential district line.
(7) Procedure.
(a) New application.
[1] In the case of any application for the establishment of a new use subject to these performance standards, the appropriate review Board may require the applicant, at his own expense, to provide such evidence as it deems necessary to determine whether the proposed use will conform to the above standards.
[2] If the appropriate review Board deems it necessary, expert advice may be obtained, with the cost of such advice paid for in advance by the applicant as a condition of further consideration of his application. The report of any expert consultants shall be promptly furnished to the applicant.
[3] During the course of either the site plan or special permit review, the appropriate Board shall determine whether the applicant’s proposal will conform to the above-noted performance standards, and this determination shall be a necessary, though not exclusive, condition for granting the appropriate Board approval.
(b) Industries which are subject to these performance standards.
[1] The Code Enforcement Officer shall investigate any purported violation of these performance standards by existing industries which are not exempt from these standards because of a legal nonconforming use status. If there are reasonable grounds for assuming that there is a violation of these performance standards, the Code Enforcement Officer shall notify those responsible for the alleged violation. Such notice shall describe the particulars of the alleged violation and shall require a written response or corrective action to the alleged violation within a reasonable time limit set by the Code Enforcement Officer, but not to exceed 180 days. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Code Enforcement Officer within the time limit set shall constitute an admission of violation. The notice shall state that, upon request of those to whom it is directed, technical determinations can be made by experts mutually agreeable to the Code Enforcement Officer and to those responsible for the alleged violation; in the event of an inability to select a mutually agreeable expert, the Code Enforcement Officer shall select the expert. If the expert determines that the violation alleged is true, then costs of the determinations shall be charged against those responsible, in addition to any penalties as may be appropriate upon terms of this chapter; however, if it is determined that no violation exists, costs of the determinations shall be paid by the Town of Geddes.
[2] If there is no reply to the notice within the time limits set (thus establishing an admission of violation as provided above) and/or the alleged violation is not corrected to the satisfaction of the Code Enforcement Officer within the time limit set, then the Code Enforcement Officer shall take such actions as may be appropriate under this chapter for situations where an admitted violation continues after notice to cease.
F. Buffer zone.
(1) A buffer zone of 25 feet must be established along all property lines in the industrial zoning district which abut a residential zoning district boundary.
(2) The buffer zone must be provided with shrubbery, plantings and landscaping to provide an opaque barrier between the industrial use and the adjacent residentially zoned areas. The details of the landscaping plan must be approved by the
appropriate Board during the site plan review or special permit procedure. There shall be no buildings or structures constructed in the buffer zone.
(3) The buffer zone shall be in addition to side and rear yard setbacks.
G. Supplemental regulations:
(1) Off-street parking and loading: see Article VI.
(2) Signs: see Article VII.
(3) Supplemental regulations: see Article VIII.
(4) Special permit and site plan review: see Article V.
H. Restrictions on adult uses. [Added 5-8-2001 by L.L. No. 7-2001] (1) No adult use shall be allowed or permitted in any zoning district of the Town, except in Industrial A Districts. All adult uses shall comply with the applicable provisions of the Code, including those relating to structures and uses permitted in Industrial A Districts.
(2) No person shall construct, establish, operate, or maintain, or be issued a certificate of occupancy for, any adult use within the Town unless such use meets the following standards:
(a) No more than one adult use shall be allowed or permitted on any one lot.
(b) No adult use shall be allowed or permitted on a lot that is within 1,000 feet of:
[1] A lot on which there is another adult use;
[2] Any residential district (A, B, C or D) or any commercial district (A, B or C);
[3] Any property that is utilized, in whole or in part, for residential purposes;
[4] Any church or other regular place of worship, community center, funeral home, library, school, nursery school, day-care center, hospital or public park, playground, recreational area or field;
[5] Any public buildings; and
[6] Any hotels or motels.
(c) Where there is a conflict between the regulations as provided in this § 240-18H and any other law, rule or regulation of the Town, including the Code, the most restrictive law, rule or regulation shall apply.
(d) All distances set forth herein shall be measured from lot line to lot line.
(3) No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any other lot, including but not limited to any lighting, display, decoration, poster, photograph, video, sign, show, doorway, window, screen or other opening.