I-N Industrial District.
The following shall apply in the I-N District:A. Permitted uses shall be as follows:[Amended 6-17-1993](1) Adult uses, which must comply with Chapter 261 of the Code of the Town of Webster.[Added 1-20-1994 by L.L. No. 1-1994[1]][1](2) Enclosed manufacturing industries.(3) Enclosed warehouses or wholesale uses.(4) Public utilities.(5) Enclosed service and repair.(6) Enclosed industrial processes and service.(7) Freight or trucking terminals.(8) Contractors' yards.(9) Junkyards, which must comply with § 136 of the General Municipal Law.(10) Parking.(11) Accessory buildings.(12) Radio studio and television studio.(13) Office park.(14) Parking.(15) Hotels and motels.(16) Communications towers.[Added 12-21-1996 by L.L.
No. 8-1996[2]][2]Editor's Note: This local law also renumbered former Subsection A(16) as A(17).(17) Indoor sports arena facilities in excess of 30,000 square feet.[Added 5-21-1998[3] ][3]Editor's Note: This resolution also provided that former Subsection A(17), regarding other industrial uses, be renumbered as Subsection A(18).(18) Outdoor sports facilities, which shall be allowed as accessory uses, and which shall include soccer fields, baseball and softball fields, basketball courts, volleyball courts, bocce courts, horseshoe courts, shuffleboard courts, tennis courts and general fields for sports, and other similar uses not permitted in this district, upon a finding by the Planning Board that such uses are of the same general character as those enumerated herein and permitted in the district and will not be detrimental to the other uses within the district or to the adjoining land uses.[Added 10-7-1999[4]][4]Editor's Note: This ordinance also renumbered former Subsection A(18) as A(19).(19) Other industrial, or similar and incidental, uses as determined by the Planning Board to be of the same general character as those permitted and which will not be detrimental to the other uses within the district to the adjoining land uses and shall comply with the requirements of this chapter.[Amended 7-17-2003](20) Uses requiring a special use permit by the Town Board under Chapter 269, Article III:[Added 5-19-2011 by L.L.
No. 2-2011](a) Kennels, subject to the following additional requirements:[1] Minimum lot size: 63,000 square feet.[2] Shelters for animals within kennels must be behind the rear building line of the principal structure and shall be no closer than 80 feet to all lot lines. This shall include all outdoor areas enclosed by fences.[3] A noise and visual barrier consisting of suitable fence or dense vegetative planting shall be provided, fully encircling all kennel areas not enclosed in a building.[4] All animals must be confined to an individual crate or cage within a building between 11:00 p.m. and 6:30 a.m.[5] All dogs must be licensed where required by state law.[6] No offensive odors shall be emitted by the site.[7] No storage, composting, or incineration of waste shall be allowed on the site.[8] Kennels shall comply with the requirements of Chapter 140, Dogs and Other Animals.[9] Fences shall comply with § 350-79 , Fences.[10] In reviewing an application for a kennel special use permit, in addition to the criteria in Chapter 269, Article III, the Town Board may also consider:[a] Provisions for controlling odors and noise.[b] Waste disposal plan.[c] Supervision of animals.[d] Adequacy of outdoor areas.[e] Visual buffering.[f] Soundproofing for buildings[g] Maximum number of animals to be maintained.[h] Hours of operation.B.
Dimensional requirements shall be as follows:(1) Minimum lot area: 62,500 square feet.(2) Maximum lot coverage: 30%.(3) Minimum lot width: 250 feet.(4) Minimum lot depth: 250 feet.(5) Maximum building height: three stories or 50 feet, whichever is less.(6) Minimum setbacks:[Amended 6-17-1993](a) Front: 80 feet.(b) Side: 40 feet.(c) Rear: 80 feet.(7) Minimum buffer area (except where district buffer is applicable):[Added 8-4-1994] (a) Front: 50 feet.(b) Side: 20 feet.(c) Rear: 25 feet.C. District buffer area.[Added 6-17-1993;[5] amended 2-18-2010 by L.L. No. 3-2010](1) The minimum district buffer area between any proposed nonresidential use and an adjoining residential district shall be 100 feet.(2) The minimum district buffer area between any proposed nonresidential district and an adjoining different nonresidential district or use shall be 75 feet upon a finding of the Planning Board that buffering is desirable because of the variation in levels of intensity of use between the districts.[5]Editor's Note: This ordinance also relettered former Subsection C (Use permits required; plans and data; reviews; permit revocations) as Subsection D.D.
Use permits required; plans and data; reviews; permit revocations.(1) Before the commencement of any use in an industrial district or the construction of a building in an industrial district, the Town Board must authorize the Building Inspector to issue a permit therefor.[Amended 8-10-1978; 5-16-1996](2) Such permit shall be obtained as follows: The owner shall submit to the Town Board a site plan under the provisions of Chapter 269 of this Code. Upon receipt of such application, the Town Board may refer such application, together with all supporting documents, to the Planning Board for its review and recommendations.
Such site plan, in addition to the information required by Chapter 269, shall show that the following standards and requirements will be met:[Amended 10-7-1999] (a) The proposed sewerage facilities shall be adequate for the proposed use, and any proposed tie-in with the Town or village systems shall be fully outlined.(b) Any grading or changes of the basic contour of the land may be done, provided that it does not interfere with the natural drainage of the land or an existing watercourse.(c) There must be an adequate available source of water for the proposed industrial use.(d) All signs shall conform to the Sign Law of the Town of Webster.[6][6]Editor's Note: See Ch.
178, Signs.(e) There shall be no pollution into any watercourse, open ditch or land surface.(f) There must be adequate screening of all unhoused storage of equipment, loading and unloading docks, materials, products, machinery and any and all other similar items so stored.(g) There shall be evidence of compliance with the performance standards of § 350-80. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)](h) There shall be one-hundred-foot buffer strips when property adjoins other than an industrial district.(3) The Planning Board shall review the proposed site plan and accompanying documents and shall ascertain in each instance whether the proposed use meets the requirements and standards as set forth.
The Planning Board shall then submit a report of its findings with its recommendations of approval, conditional approval or disapproval to the Town Board.(4) The Planning Board may recommend to the Town Board that the proposed user be required to furnish performance bonds to guarantee the completion of any one or more of the foregoing requirements, said performance bonds running to the benefit of the Town of Webster.(5) The Town Board shall review the findings of the Planning Board, the approved site plan and all of the plans of the proposed use to ensure that they are adequate and are consistent with the safety, health and welfare of the community; it shall direct the Building Inspector to issue a permit for said proposed use or uses in accordance the building and site plans approved by the Planning Board.
The Town Board, in the granting of an industrial use permit, shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property.[Amended 8-10-1978; 5-16-1996](6) From time to time, the Town Board or the Planning Board, at the Town Board's direction, may review said industrial use permit to ascertain if the aforesaid requirements, conditions and restrictions are being substantially complied with in good faith. In the event that, upon review, the Town Board finds that the construction is not in accordance with the approved building and site plans and the requirements, conditions and/or restrictions of this chapter or of the industrial use permit are not being substantially complied with, the industrial use permit shall be canceled or terminated within a specified period of time unless the requirements, conditions and restrictions are complied with after reasonable notice.[Amended 5-16-1996](7) Minor changes in the use, location, siting, height, length and width of structures may be authorized by the Planning Board without Town Board action as long as the total changes do not exceed 10% of the final approved plan.[Added 6-17-1993](8) Reapplication.
An application for a use permit in an industrial district, or application for referral to the Planning Board for a use permit in an industrial district, which application has been denied or otherwise not referred by the Town Board, may not be resubmitted to the Town Board for a period of one year from the date of such decision. The Town Board may, upon the presentation of new facts, entertain a reapplication before the expiration of the aforesaid one-year period, but only upon a unanimous vote of all the members of the Town Board then present at such reapplication. Prior to the hearing of such a reapplication, all notices required to be given at an original hearing must also be given.[Added 4-15-1999]E.
Site plan approval under Chapter 269 of this Code is required.[Added 6-17-1993]