Town of Cheektowaga, NY Article IV Manufacturing Districts

§ 260-35 Intent; site plan submission.

A. The intent of this article is to provide areas for manufacturing, processing, warehousing and other uses which generally involve truck traffic, noise and extensive outdoor storage/usage of the premises. These areas are typically located a distance from residential areas and are separated from residential areas by large expanses of retail/office use.

B. A site plan shall be submitted for review by the Planning Board for all developments and for additions in excess of 500 square feet or change of use in all districts covered by this article.

§ 260-36 M1 Light Manufacturing District.

The M1 Light Manufacturing District shall be regulated as follows:

A. Permitted uses.

(1) Principal uses or structures.

(a) The following uses when conducted within a completely enclosed building:

[1] Laboratory engaged in research, testing or experimental work, provided that all necessary safeguards are employed to prevent hazard or annoyance to the community.

[2] The manufacture, compounding, assembling or treatment of articles or merchandise from previously prepared materials, but not including any use first permitted in the M2 District.

[3] Public utility storage building or service building.

[4] Bottling of beverages.

[5] Food processing or packaging.

[6] Processing or treatment of metal and metal products.

[7] Warehouse.

[8] Office building for general use, 5,000 square feet minimum.

[9] Medical facility for the purpose of fabricating prosthetics, such as dentures and limbs, with a gross floor area exceeding 3,000 square feet.

(2) Accessory structures and uses. The following uses when conducted within a completely enclosed building:

(a) Uses and structures customarily incidental to the above.

(b) Storage of raw materials used in production and finished products.

(c) Retail sale of products manufactured, compounded or assembled on the premises, occupying not more than 15% of the gross floor area of the principal structure.

(d) Signs as permitted and regulated by this chapter.

(e) Accessory garage for the maintenance of motor vehicles and equipment utilized by the principal use, provided that:

[1] The floor area of the garage does not exceed 5% of the gross floor area (principal and accessory) of the premises.

[2] Such activity does not include painting or collision work.

[3] All such activity is conducted within a completely enclosed building.

B. Required open space. Unless otherwise provided, the minimum required open spaces shall be as specified in this section.

(1) Front yard: 50 feet.

(2) Side yards.

(a) Abutting a nonresidential district: 10 feet.

(b) Abutting a residential district: 50 feet.

(c) Abutting an existing residential use: 20 feet.

(3) Rear yard.

(a) Abutting a nonresidential district: 10 feet.

(b) Abutting a residential district: 60 feet.

(c) Abutting an existing residential use: 20 feet.

C. Maximum height. Unless otherwise provided, the maximum permitted height shall be 50 feet.

D. Off-street parking reference. For applicable off-street parking regulations, see Article V.

E. Supplemental regulations reference. For applicable supplemental regulations, see Article VI.

§ 260-37 M2 General Manufacturing District.

The M2 General Manufacturing District shall be regulated as follows:

A. Permitted uses.

(1) Principal uses.

(a) Any use permitted in the M1 District, without the requirement of being conducted within a completely enclosed building.

(b) Railroad car classification yard or freight depot.

(c) Cement products manufacture and/or concrete mixing plant.

(d) Building contractors storage yard for equipment and/or materials.

(e) Lumberyard or coal yard.

(f) Open storage yards not otherwise limited in this section.

(g) Truck terminal.

(h) Adult uses (includes the following: adult bookstore, adult cabaret, adult entertainment establishment, adult motion-picture theater, massage establishment and steam bath establishment).

[1] Purpose. It is recognized that buildings and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the Town of Cheektowaga, this subsection is intended to restrict adult uses to nonresidential, nonbusiness and noncommercial areas of the Town of Cheektowaga and otherwise regulate their operation. Moreover, in light of the fact that the operational characteristics of adult uses increase the detrimental impact on a community when such uses are concentrated, this subsection is intended to promote the health, safety and general welfare of the residents of the Town of Cheektowaga by regulating the concentration of such uses and to lessen the following possible secondary effects attributable to such uses: the creation of traffic and/or parking problems, loitering due to the attraction of transients, increases in criminal activities, the loss of business to nearby non-adult commercial establishments, deterioration within residential neighborhoods and decreased property values.

[2] Definitions. As used in this subsection, the following terms shall have the meanings indicated:

ADULT BOOKSTORE

An establishment or business, whether retail or wholesale, having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals, films and viewing materials for sale or viewing on premises, by use of motion-picture devices or any coin-operated means, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment or business having a substantial area devoted to the sale and display of such material. For purposes of this definition, "substantial or significant portion" or "substantial area" shall mean 25% or more of any of the following:

[a] The number of different titles or kinds of such merchandise.

[b] The number of copies or pieces of such merchandise.

[c] The amount of floor space devoted to the sale and display of such merchandise.

[d] The amount of advertising which is devoted to such merchandise, either in print or otherwise promoted via the broadcast media.

ADULT CABARET

A business enterprise which serves food or beverages for consumption on the premises, with or without carry-out service, which features entertainers or waiters and/or waitresses who display any specified anatomical area or who depict, describe or simulate specified sexual activities.

ADULT ENTERTAINMENT ESTABLISHMENT

Any business enterprise which is other than an adult bookstore, adult motion-picture theater, adult cabaret, massage establishment or steam bath establishment and 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, sound recordings or other audio/visual medium 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.

ADULT MOTION-PICTURE THEATER

An enclosed or unenclosed building or structure or portion of a building or structure used for presenting materials having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

BUSINESS

Any commercial enterprise, association or arrangement for profit.

DISSEMINATION

The transfer of possession, custody, control or ownership of, or the exhibition or presentation of any performance, to a customer, member of the public or business invitee, of any material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

MASSAGE ESTABLISHMENT

Any establishment having a fixed place of business where massages, body rubs, sports rubs, hot oil body rubs or similar services are administered. This definition shall not be construed to include a hospital, bona fide medical or health establishment, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical therapist, licensed massage therapist or barbershops, beauty shops and beauty salons in which massages are administered only to the scalp, face, neck or shoulders.

PERSON

Any person, firm, partnership, corporation, association or legal representative, acting individually or jointly.

SPECIFIED ANATOMICAL AREAS

[a] Less than the completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.

[b] Human male genitals in a discernibly turgid state even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

[a] Human genitals in a state of sexual stimulation or arousal.

[b] Acts of human masturbation, sexual intercourse or sodomy.

[c] Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

STEAM BATH ESTABLISHMENT

Any establishment which provides steam baths, hot tubs (whirlpools), saunas and similar facilities. This definition shall not be construed to include health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which have hot tubs (whirlpools), steam baths and/or saunas that are accessory to the health club or those bona fide medical or health service establishments which have as an accessory use steam baths, hot tubs (whirlpools) or saunas for use in medical therapy.

SUBSTANTIAL CONNECTION

[a] In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.

[b] In a partnership, limited or general, an individual who shares in any potential profits or losses of the business or who shares in the ownership of any of the assets of the partnership business.

[c] In a corporation, an individual who is an officer, director or a holder, either directly, indirectly or beneficially, of more than 20% of any class of stock.

[d] Any person who furnishes more than 20% of the capital financing or assets of such business, whether in cash, goods or services.

[3] Restrictions affecting adult uses. In addition to the requirements of this chapter and the Code of the Town of Cheektowaga, adult uses shall permitted subject to the following restrictions:

[Amended 12-27-2007 by L.L. No. 9-2007]

[a] No adult use shall be permitted within 1,500 feet of another existing adult use.

[b] No adult use shall be located within 1,500 feet of the boundaries of any zoning district which is zoned for residential use (including senior housing, condominiums and assisted-living/nursing homes).

[c] No adult use shall be located within 1,500 feet of a preexisting school or place of worship, day-care center, park or playground, restaurant within door/outdoor seating, hotel, motel, theater, or amusement/recreational enterprise (private or open to the public).

[d] No adult use shall be located in any zoning district except those districts zoned for general manufacturing use (M2). No more than one of the uses governed by these provisions shall be permitted on any single lot in the Town of Cheektowaga.

[4] Registration.

[a] No person, firm, corporation or other entity shall lease, rent, maintain, operate, use or allow to be operated or used any business or establishment, any part of which contains an adult use, without first complying with the provisions of this section as set forth below.

[b] In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate, or be allowed to continue to operate, until a certificate of registration is filed with the Clerk of the Town of Cheektowaga containing:

[i] The address of the premises.

[ii] The name and address of the owner(s) of the premises and the name and address of the beneficial owner(s), if the property is in a land trust.

[iii] The name of the business or the establishment subject to the provisions of this subsection.

[iv] The names, business and home address, business or home phone numbers of all owners of the business or establishment subject to the provisions of this subsection.

[v] The names, business and home addresses, business or home phone numbers of all those persons having a substantial connection with the business or establishment subject to the provisions of this subsection.

[vi] The date of the initiation of the adult use.

[vii] The exact nature of the adult use.

[viii] If the premises or the building in which the business containing the adult use is located is leased, a copy of the lease.

[c] If there occurs any change in the information required for the certification of registration, the Clerk of the Town of Cheektowaga shall be notified of such change and a new or amended certificate filed within 30 days of such change.

[d] The processing fee for each such certificate of registration or amendment thereto shall be $50.

[e] No certificate of registration issued under the provisions of this subsection shall be transferable to any person other than the registrant, nor shall a certificate of registration be transferable for use at any premises, building or location other than stated in the certificate of registration.

[f] The owner, manager or agent of any adult use shall cause a copy of the certificate or registration issued under the provisions of this subsection to be prominently displayed on the premises, building or location for which it is issued.

[g] Any knowingly false statement, or any statement which the registrant or applicant should reasonably have known to be false, which is provided in the certificate of registration or any document or information supplied therewith shall be grounds for rejection, suspension or revocation of the certificate of registration.

[h] It is a violation of this subsection for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate an adult use without having in force a certificate of registration complying with this subsection.

[5] Prohibition regarding public observation. 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 property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window, screen or other opening.

[6] Amortization. In all districts except as provided in this subsection, any adult use shall terminate not later than one year after the effective date of this subsection, and thereafter, the space or premises or building formerly occupied by such use shall be used only for a conforming use.

[7] If any part or provision of this section or the application thereof to any persons or circumstances shall be adjudged invalid, such judgment shall be confined to the part or application adjudged to be invalid. Such decision shall not affect the validity of the section as a whole or any part thereof other than the part so decided to be invalid.

(i) After receiving a special permit from the Town Board (see § 260-47):

[1] Bulk storage of petroleum and petroleum products in underground tanks.

[2] Processing or treatment of bituminous products.

[3] Solid waste transfer station, as those terms are defined in the Environmental Conservation Law of the State of New York and in the rules and regulations adopted and promulgated by the State Department of Environmental Conservation, provided that satisfactory proof is presented to the Town Board of compliance with any and all requirements of Article 27 of the Environmental Conservation Law of the State of New York relating to the collection, treatment and disposal of refuse and solid waste. Solid waste shall not include regulated medical waste or hazardous waste.

[4] Other industrial processes: blending, mixing and packaging of disinfectants, insecticides, fungicides, ink, soap, detergents, and related household and industrial chemical compounds, but excluding the preparation of any primary acids or other primary chemicals.

[5] Compressed natural gas (CNG) filling station as a principal use or as accessory to a permitted use in the M2 General Manufacturing District, subject to the following limitations:

[Added 2-19-2014 by L.L. No. 1-2014]

[a] All installations shall be consistent with the latest National Fire Protection Association (NFPA) standards for compressed natural gas facilities.

[b] Storage vessels may be above the ground. The limits of § 260-52G of this chapter do not apply to compressed natural gas. The other provisions of § 260-52 shall still apply to a CNG filling station.

[c] Storage vessels may not exceed a cumulative volume of 70,000 standard cubic feet per minute (SCFM) for an initial installation. Additional volume may be considered by the Town Board upon the filing of a second special permit application for a facility expansion if the applicant can show that demand warrants additional volume and that firesafety considerations will not be compromised.

[d] Appurtenances that support a CNG filling station, including but not limited to the compressor, dryer and storage vessels, must be a minimum of 50 feet from the fueling island and shall not be permitted in any required yard.

[e] The compressor, dryer and storage vessels must be constructed in a permanent fashion and placed on a concrete pad. Mobile installations shall not be permitted.

[f] The compressor, dryer and storage vessel area shall be screened from public view and shall include at minimum the following design components:

[i] A black chain-link fence with black PVC slatting. The fence shall be of sufficient height to provide a security barrier and hide the ancillary equipment. All components of the fence shall be black in color or have a black vinyl coating. Such fencing may also contain a security topping. The limitations on security topping listed in § 260-59F(3)(a) shall not be applicable.

[ii] Vehicle impact protection shall be required around the perimeter of the compressor/dryer and the storage vessel area, utilizing vehicle impact bollards. The use of precast Jersey barriers shall not be permitted. Poured-in-place concrete barriers/extended barrier curbing may be utilized if part of an integral design for the ancillary storage area.

[iii] In lieu of a fence screen, a noncombustible building meeting the minimum requirements of the NFPA may be constructed to screen the ancillary equipment/storage vessel area.

[6] Biomass energy conversion facility: a facility which processes food waste and/or plant material into renewable energy.

[Added 2-19-2014 by L.L. No. 1-2014]

(2) Accessory uses.

(a) Accessory uses permitted in the M1 District.

(b) Signs as permitted and regulated by this chapter.

(c) Retail sale of products manufactured, compounded or assembled on the premises, occupying not more than 15% of the gross floor area of the principal structure.

(d) Other customary accessory uses.

(e) Crushing concrete as an accessory use to a contractor's storage yard for equipment and materials, providing the following conditions are met:

[Added 2-19-2014 by L.L. No. 1-2014]

[1] The height of the piles of material will not exceed 25 feet off of existing grade.

[2] The crushing operations will be done only during the period of October 1 through March 31.

[3] The crushing unit and operation will meet all requirements of the New York State Department of Environmental Conservation and the EPA.

[4] The crushing unit will be located at least 50 feet from any property line.

[5] Concrete, crushed and uncrushed, shall be at least 25 feet from any property line.

[6] Hours of operation will be normal business hours of 8:30 a.m. to 5:00 p.m., Monday through Friday only.

B. Required lot size. Unless otherwise provided, the minimum lot size shall be as specified in this section.

(1) Minimum lot width: 100 feet.

(2) Minimum lot area: one acre.

C. Required open space. Unless otherwise provided, the minimum required open spaces shall be as specified in this section.

(1) Front yard: 50 feet.

(2) Side yards.

(a) Abutting a nonresidential district: 15 feet.

(b) Abutting a residential district: 50 feet.

(3) Rear yard.

(a) Abutting a nonresidential district: 15 feet.

(b) Abutting a residential district: 50 feet.

(4) Parking, loading and stacking areas.

(a) Side and rear abutting a nonresidential district: 10 feet.

(b) Side and rear abutting a residential district: 50 feet.

(c) From right-of-way of a dedicated street: 25 feet.

(5) Interior minimum building separation: 30 feet.

(6) Maximum lot coverage, as uses and requirements of yard, off-street parking, loading/stacking areas, and landscaping.

(7) Access. Buildings and land shall either abut a dedicated street or can be arranged in groups or cluster so that groups or clusters abut a dedicated street for the required lot width provided.

(a) Each building is accessible by means of a private drive for service and emergency vehicles.

(b) The standards of design and construction for private streets meet applicable Town specifications for public streets unless modified by the approved site plan.

(c) The location, design and construction of all utilities meet all applicable specifications and are adequate to serve the needs of the group or cluster.

(d) The procedures for the preservation and maintenance of all private streets and pedestrian ways comply with all applicable laws.

D. Maximum height of structures. The maximum height of a structure shall be 65 feet.

E. Off-street parking reference. For applicable off-street parking regulations, see Article V.

F. Supplemental regulations reference. For applicable supplemental regulations, see Article VI.

§ 260-38 AG Special Aggregates District.

A. Permitted uses in the Aggregates District shall be limited to the excavation or quarrying of aggregates and the treating and processing of such aggregates, as hereinafter described.

(1) Principal uses.

(a) Quarrying or excavation of gravel or stone, but not including topsoil removal for sale.

(b) Manufacturing of bituminous products, but only such products which incorporate the use of aggregates mined on the premises for paving.

(2) Accessory uses.

(a) Office or storage buildings for personnel and equipment associated with the quarrying, excavation or processing.

(b) Stone crushing, screening or washing of aggregates mined on the premises.

(c) Storage of trucks and other machinery associated with the mining, processing and transportation of the aggregates, but in such a manner as to be completely screened from view from adjacent streets.

(d) Signs, as permitted and regulated by this chapter.

B. Required open space. No structure, use or excavation shall be closer than 200 feet from a public right-of-way or adjacent property line.

C. Off-street parking reference. For applicable off-street parking regulations, see Article V.

D. Supplemental regulations reference. For applicable supplemental regulations, see Article VI.

E. Maximum height of structures. The maximum height of a structure shall be 65 feet.