[Added 10-22-1951; amended 5-8-1961; 11-18-1968; 2-25-1974]
In an Industrial I District, no building or
premises shall be used and no building shall be erected or altered
for other than one or more of the following specific uses:
A.
A use permitted in a Business D District, other than
a one-family residence, a two-family residence or a multifamily dwelling.
[Amended 1-5-2015 by L.L.
No. 1-2015; 1-5-2015 by L.L. No. 2-2015]
B.
Laboratories for scientific and industrial research,
testing and development.
C.
Cold storage plant, pasteurizing plant or creamery.
D.
Warehousing and distributing plant, but not including
the outdoor storage of goods or materials, and not including the storage
or sale of lumber, ice, coal, petroleum or petroleum products as a
principal use.
E.
Light industrial uses in which the principal activity
shall be the manufacture, intermediate processing or assembly of goods
for consumer use as follows:
(1)
Manufacture, storage or distribution of food
products, including beverage blending or bottling, bakery products,
fruits and vegetables, but not including the distillation of beverages
or slaughtering and meat packing.
(2)
Manufacture of textiles, leather goods and clothing.
(3)
Publishing, printing or bookbinding.
(4)
Manufacture and assembly of furniture and cabinets.
(5)
Manufacture or assembly of toys, games, musical
instruments, watches or clocks.
(6)
Manufacture, assembly or repair of mechanical,
optical, photographic, scientific, electrical or electronic instruments.
(7)
Compounding of cosmetics and pharmaceuticals.
(8)
A light manufacturing use of the same general character as those specifically permitted in this section when authorized as a special use by the Board of Trustees, and upon finding by the Board that such use is a light industrial use as defined in this chapter and would not violate the standards imposed by Article XXXII of this chapter.
F.
Uses clearly accessory and incidental to a permitted
use.
G.
Tattoo parlors when authorized as a special use by the Board of Trustees.
[Added 7-6-2015 by L.L.
No. 5-2015]
[Added 2-8-1988 by L.L. No. 6-1988]
Adult uses shall be allowable in the Industrial
District only as a special use by the Zoning Board of Appeals after
public hearing.
A.
Purposes and considerations.
(1)
In the execution of this section, it is recognized
that there are some uses which, due to their very nature, have serious
objectionable characteristics. The objectionable characteristics of
these uses are further heightened by their concentration in any one
area, thereby having deleterious effects on adjacent areas. Special
regulation of these uses is necessary to ensure that these adverse
effects will not contribute to the blighting or downgrading of the
surrounding neighborhoods or land uses.
(2)
It is further declared that the location of
these uses in regard to areas where our youth may regularly assemble
and the general atmosphere encompassing their operation is of great
concern to the Village of Farmingdale.
(3)
These special regulations are itemized in this
section to accomplish the primary purposes of preventing a concentration
of these uses in any one area and restricting their accessibility
to minors.
B.
ADULT BOOKSTORE
ADULT DRIVE-IN THEATER
ADULT ENTERTAINMENT CABARET
ADULT MOTEL
ADULT THEATER
MASSAGE ESTABLISHMENT
PEEP SHOWS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, other periodicals, films,
slides and video tapes and which establishment is customarily not
open to the public generally but excludes any minor by reason of age.
A drive-in theater that customarily presents motion pictures
that are not open to the public generally but excludes any minor by
reason of age.
A public or private establishment which presents topless
dancers, strippers, male or female impersonators or exotic dancers
or other similar entertainments, and which establishment is customarily
not open to the public generally but excludes any minor by reason
of age.
A motel which is not open to the public generally but excludes
minors by reason of age, or which makes available to its patrons in
their rooms films, slide shows or videotapes, which if presented in
a public movie theater would not be open to the public generally but
would exclude any minor by reason of age.
A theater that customarily presents motion pictures, films,
videotapes or slide shows that are not open to the public generally
but exclude any minor by reason of age.
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home, medical clinic or the
office of a physician, surgeon, chiropractor, osteopath or duly licensed
physical therapist or barbershops or beauty salons in which massages
are administered only to the scalp, face, neck or shoulders. This
definition also shall exclude health clubs which have facilities for
physical exercise, such as tennis courts, racquetball courts or exercise
rooms, and which do not receive their primary source of revenue through
the administration of massages.
A theater which presents material in the form of live shows,
films or videotapes, viewed from an individual enclosure, for which
a fee is charged, and which is not open to the public generally but
excludes any minor by reason of age.
C.
The adult uses as defined in Subsection B above are to be restricted as to location in the following manner in addition to any other requirements of this Code:
(1)
Any of the above uses shall not be located within
a one-hundred-foot radius of any area zoned for residential use.
(2)
Any of the above uses shall not be located within
a one-half-mile radius of another such use.
(3)
Any of the above uses shall not be located within
a five-hundred-foot radius of any school, church or other place of
religious worship, park, playground or playing field.
D.
The restrictions enumerated in Subsection C above may be waived by the Village Board of Zoning Appeals if the applicant shows and the Board finds that the following conditions have been met in addition to the general conditions contained in this chapter:
(1)
That the proposed use will not be contrary to
the public interest or injurious to nearby properties and that the
spirit and intent of this section will be observed;
(2)
That the establishment of an additional use
of this type in the area will not be contrary to any program of neighborhood
conservation or improvement, either residential or nonresidential;
and
E.
No more than one of the adult uses as defined above
shall be located on any lot.
No building shall exceed three stories or 36
feet in height.
The building area shall not exceed 40% of the
lot area.
A.
Side yards. There shall be two side yards, one on
each side of the main building and any accessory building, extending
the full depth of the lot. The total of both side yards shall be not
less than 25 feet in width, and no side yard shall be less than 10
feet in width.
B.
Rear yards. There shall be a required rear yard of
not less than 30 feet in depth.
C.
Front yards. There shall be a required front yard
of not less than 10 feet in depth.
