[Amended 4-5-2005]
This district is designed for a wide range of
industrial and related activities which can meet a reasonable level
of performance standards as set forth in the Subdivision and Land
Development Regulations and this article. Enclosure of such activities
is not required except in areas or instances as provided in this chapter.
No new residences are permitted except as herein specified.
[Amended 8-30-1977; 12-18-1979; 7-7-1981; 3-15-1983; 3-15-1988; 4-8-1997; 7-20-2021;3-14-2023]
In an Industrial 1 District, the following uses
shall be permitted:
A.
Office, including medical office.
[Amended 7-20-2021]
B.
C.
The sale and filling of propane exchange tanks.
E.
Health clubs.
F.
Redemption center.
G.
Psychiatric clinic, drug treatment center or similar
health related facility, excluding overnight residential treatment
facilities.
H.
Nonprofit fraternity or lodge.
I.
Church or other similar place of worship, provided
that a minimum buffer area of 25 feet in width is provided and maintained
adjacent to any residential use or zone and a site plan is submitted
to and approved by the Planning Board, or its designee, indicating
compliance with all applicable land development standards.
J.
Historical or memorial monument.
K.
[2] A single accessory retail use within an industrial building
or that shares a common wall with it and sells only goods being manufactured
in the principal industrial building. The area devoted to this accessory
retail use, including all storage, stocking and business space, shall
not exceed 10% of the gross floor area of the industrial building
or 2,000 square feet, whichever is less, and separate exterior signage
for this use shall be prohibited.
[Added 6-8-2010; amended 2-28-2017]
[2]
Editor's Note: Former Subsection K, Park,
playground or recreational building or use, was repealed 4-22-2003.
L.
Railway right-of-way or passenger station, but not
including railway yards or freight stations.
M.
Veterinarian, provided that all activities take place
within the building.
N.
Agriculture or nursery, including the retail sale
of products raised on the premises.
O.
Park, municipal playground or municipal recreation
building or use.
P.
[3]Community theater with 100 or fewer seats, subject to meeting
the public assembly requirements of the Town of Islip and the requirements
of New York State Fire Code.
[Added 6-19-2012; amended 8-5-2014]
T.
Public school, private school or parochial school,
including child day-care centers, preschool programs, elementary and
secondary schools, vocational schools and other non-degree-granting
schools, including self-defense, dance, swimming, gymnastics and similar
instruction/programs, except those associated with manufacturing or
truck driving.
[Added 3-23-1999; amended 8-5-2014]
U.
Research and development uses involving laboratories
for scientific or industrial research, testing and development.
[Added 3-23-1999]
W.
Commercial laundry establishments.
[Added 9-12-2000]
Y.
Delicatessen,
provided the gross floor area does not exceed 2,000 square feet.
[Added 6-8-2010]
[Added 8-14-2007]
Uses permitted with administrative approval
of the Town Clerk shall be as follows:
A.
By permit issued administratively by the Town Clerk, the outdoor sale and/or display of any variety of tree(s), bush(es) and/or plant(s) used as a symbol of expressing a holiday and/or religiously significant season, including, but not limited to, Christmas trees, wreaths and/or other holiday and/or religiously significant plants or decorations, subject to the provisions set forth in § 68-271.1.
[Amended 7-7-1987; 10-6-1992; 4-8-1997; 12-16-1997]
All uses not expressly permitted are prohibited.
Nothing herein contained shall be construed to permit the erection,
alteration, addition, maintenance or use of any premises of either
a business or industrial operation which shall provide outdoor storage,
outside service, outside display, outside counter or window service,
carhopping service or drive-in or drive-up counter or window service
in an Industrial 1 District.
[Amended 12-7-1971; 5-6-1975; 4-5-1977; 8-19-1980; 4-7-1981; 10-4-1982; 12-26-1983; 4-1-1986; 9-16-1986; 2-25-1992; 11-14-1995; 4-8-1997]
[Added 11-14-1995; amended 4-8-1997]
B.
Vehicle repair shop, except as otherwise provided
herein.
[Amended 9-12-2000]
C.
Businesses which involve the outdoor or overnight
parking of registered vehicles as an accessory use to a permitted
principal use, including rental car/truck agencies as a principal
use, provided that all vehicles are set back a minimum distance of
50 feet from any street and 200 feet from any residential use or zone
and provided that such vehicles are properly screened from view with
fencing and/or landscaping pursuant to the direction of the Planning
Board. The Planning Board shall determine the maximum number of permitted
vehicles on a property. Uses involving the indoor storage and sales
of consumer vehicles shall not be considered a part of this definition.
Vehicle storage yards, freight facilities, private carting companies,
transportation facilities, parcel post companies and similar uses
which are characterized by a predominance of outside storage shall
not be considered as a part of this definition and shall be permitted
only in an Industrial 2 District and/or the Industrial Transition
District. A supplemental buffer shall be planted as per the Subdivision
and Land Development Regulations when this use is adjacent to a residential
use or zone.
[Amended 3-23-1999; 8-14-2007; 6-8-2010; 6-19-2012]
D.
Private parking garage as an accessory use to a permitted
principle use.
E.
Accommodations for a single security guard not to
exceed 500 square feet in gross floor area as an accessory use to
a permitted principal use.
F.
Automobile parking field provided a site plan is submitted
to and approved by the Planning Board, or its designee, indicating
compliance with all Town standards.
G.
Convenience market, no more than 3,000 square feet
in gross floor area, subject to the lot having a minimum of 20,000
square feet.
[Amended 6-8-2010; 2-28-2017]
H.
Adult day-care facility.
[Added 3-23-1999]
I.
Private or parochial college or university excluding
dormitories and other college or university residential uses.
[Added 3-23-1999]
J.
Non-degree-granting schools associated with manufacturing
or truck driving.
[Added 3-23-1999; amended 9-15-2020]
K.
Restaurant.
[Added 9-12-2000]
L.
Sale, lease, or rental of heavy construction vehicles,
emergency vehicles, unattached trailers and related equipment, provided
such vehicle or equipment is not located within the front yard, or
second front yard, and is set back a minimum of 200 feet from any
residential use or zone, and further provided such vehicle or equipment
is properly screened from view with fencing and/or landscaping at
the direction of the Planning Board. A supplemental buffer shall be
planted as per the Subdivision and Land Development Regulations when
this use is adjacent to a residential use or zone.
[Added 9-11-2001; amended 1-14-2003; 8-14-2007; 6-8-2010]
M.
Taxi office, when operating adjacent to a residential
use or zone.
[Added 1-14-2003; amended 6-8-2010]
N.
Indoor recreational use.
[Added 4-22-2003; amended 4-5-2005]
O.
Ambulette office, including the outside storage of
ambulette vans, provided that the following criteria are met:
[Added 4-22-2003; amended 4-5-2005; 8-14-2007; 6-8-2010]
(1)
Ambulette van(s) shall not exceed 9,000 pounds in unladen weight
or exceed 19 feet in length.
(2)
No ambulette vans are located within any front yard or second front
yard unless hidden or screened from view from any adjoining residential
zone or use or from any adjacent right-of-way at the direction of
the Planning Board.
(3)
The number of parked ambulette vans and area for their parking are
clearly shown on, and limited by, an approved site plan. The Planning
Board shall determine the maximum number of permitted ambulette vans
on a property. At no time may the number of parked ambulette vans
exceed the number permitted by the Planning Board. Ambulette van parking
stalls shall not count towards the overall parking calculation for
the entire property.
(4)
All ambulette vans shall have a current registration and inspection
from the New York State Department of Motor Vehicles, be licensed
by the New York State Department of Transportation and shall be fully
operational.
(5)
Repair, other than routine maintenance, of any ambulette van shall
be prohibited unless a special permit is obtained by the Planning
Board.
P.
Outside parking of unattached box trailers, provided
that the following criteria are met:
[Added 5-20-2003; amended 6-8-2010]
(1)
No trailers are located within the front yard
or second front yard setbacks. No trailer may be visible from any
right-of-way.
(2)
The trailer parking area is set back a minimum
of 200 feet from any residential use. The trailer parking area is
set back a minimum of 50 feet from any street.
(3)
All trailers and trailer parking areas are completely
screened from view with fencing, landscaping, and berms at the direction
of the Planning Board. A supplemental buffer shall be installed as
per the Subdivision and Land Development Regulations when this use
is adjacent to a residential use or zone.
(4)
The number of parked trailers and the area for
their parking are clearly shown on, and limited by, an approved site
plan. The Planning Board shall determine the maximum number of permitted
trailers on a property. At no time may the number of parked trailers
exceed 10. Trailer parking stalls shall not count towards the parking
calculation of the property. A supplemental buffer shall be planted
as per the Subdivision and Land Development Regulations when this
use is adjacent to a residential use or zone.
(5)
The trailer parking area and stall configuration
shall be safely designed, pursuant to the satisfaction of the Town
Engineer.
(6)
The use of the parked trailers shall be an active,
integral and accessory component of a permitted main use on the same
property. The Planning Board shall determine that the use of parked
trailers on a property is active, integral and accessory to the main
use. Outdoor storage of trailers shall be prohibited.
(7)
All parked trailers shall have current registration
and inspection from the New York State Department of Motor Vehicles.
New trailers that are being held as inventory prior to being sold
shall not be required to maintain a current registration and inspection;
however, they shall be kept in neat, clean condition.
[Amended 8-14-2007]
(8)
Any violation of the above items or any conditions of the Planning Board shall result in the immediate termination of the special permit pursuant to § 68-36D of the Town Code and the immediate removal of the trailers. Once notified that any trailers are in violation of this ordinance or the Town Code, then every day that they remain on the property shall constitute a separate offense.
Q.
Assembly and social recreation hall, excluding those
uses which qualify as bar/tavern or nightclubs.
[Added 4-5-2005]
S.
[2] Outdoor overnight storage of vehicles, boats, recreational
vehicles, construction and heavy construction equipment, and related
equipment in connection with sale by auction provided that such vehicle,
boat or equipment is not located within the front yard, or second
front yard. Passenger vehicles shall be set back a minimum of 50 feet
from any residential use or zone, and shall be properly screened from
view with fencing and/or landscaping at the direction of the Planning
Board. All other vehicles, boats or equipment shall be setback a minimum
of 100 feet from any residential use or zone, and shall be property
screened from view with fencing and/or landscaping at the direction
of the Planning Board. A supplemental buffer shall be planted as per
the Subdivision and Land Development Regulations when this use is
adjacent to a residential use or zone. Such supplemental buffer may
be waived at the reasonable discretion of the Planning Board upon
a determination that there already exists there is an adequate buffer
and plantings.
[Added 12-17-2019]
[2]
Editor's Note: Former Subsection S, regarding spray booths,
added 6-12-2007, as amended, was repealed 6-19-2012.
T.
Museum.
[Added 6-8-2010]
U.
Car
wash (motor vehicle wash) when not located immediately adjacent to
any residential use or zone, school, day-care center, camp, park,
playground or playing field and the subject lot is no smaller than
30,000 square feet.
[Added 6-8-2010]
V.
Bar,
tavern, or nightclub.
[Added 10-25-2011]
[Added 9-12-2000]
A.
The following uses are permitted after the review and approval of the Planning Board without complying with the notice requirements of § 68-32, subject to compliance with the following criteria:
[Amended 5-15-2018]
(1)
A parking relaxation of no greater than 20%.
(2)
A landscaping relaxation of no greater than
20%.
(3)
Approval will not result in any on- or off-site
traffic impacts, as determined by the Planning Board.
(4)
The use is consistent with the spirit and intent
of the Town Code and Comprehensive Plan.
(5)
The site is not adjacent to any residential
use or zone.
B.
Uses.
(1)
Outdoor storage of registered passenger vehicles, recreational
vehicles or marine vessels, including rental moving trucks as an accessory
use to a mini storage warehouse, provided that all vehicles are set
back a minimum distance of 50 feet from any street and 200 feet from
any residential use or zone and provided that such vehicles are properly
screened from view with fencing and/or landscaping pursuant to the
direction of the Planning Board. Said storage shall consist of no
more than 20% of the overall area of the site and height of vehicles
shall not exceed 20 feet. Outdoor storage shall not count towards
minimum parking requirements. A supplemental buffer shall be planted
as per the Subdivision and Land Development Regulations when said
outdoor storage is adjacent to a residential use or zone.
(2)
Vehicle repair shop.
(3)
Private parking garage as an accessory use to a permitted principal
use.
[Added 5-15-2018]
(4)
Automobile parking field, provided a site plan is submitted
to and approved by the Planning Board, or its designee, indicating
compliance with all Town standards and a minimum thirty-foot strip
of landscaping along street frontages.
[Added 5-15-2018]
[Added 9-23-1980; 4-8-1997]
Adult uses shall be allowable in an Industrial
1 District pursuant to the following:
A.
Purposes and considerations.
(1)
In the execution of this chapter 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 Town of Islip.
(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
CANNABINOID HEMP
CANNABINOID HEMP SHOP
MASSAGE ESTABLISHMENT
PEEP SHOWS
SUBSTANTIAL OR SIGNIFICANT PORTION CANNABINOID HEMP SHOP
(1)
(a)
(b)
(c)
(d)
(e)
(2)
(a)
(b)
(c)
(d)
SUBSTANTIAL OR SIGNIFICANT PORTION VAPE SHOP
(1)
(a)
(b)
(c)
(d)
(e)
(2)
(a)
(b)
(c)
(d)
VAPE LOUNGE
VAPE SHOP
Definitions. As used in this ordinance, 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 product processed or derived from hemp, that is used
for human consumption, including for topical application, for its
cannabinoid content, that does not contain more than 0.3% THC. Cannabidiol
or "CBD" products are an example of cannabinoid hemp products and
can come in a variety of different forms, including, but not limited
to, tinctures (CBD oil), pills, capsules, balms, lotions and food
or beverage products. Other hemp-derived products such as hemp seeds
or hemp seed oil, which do not contain cannabinoids, are regulated
as foods and not under the scope of this program. Cannabinoid hemp
product does not include cosmetics.
[Added 10-19-2021]
An establishment that sells cannabinoid hemp products in
their final form, to consumers to be used for human consumption or
topical application, as a substantial or significant portion of its
business, merchandise and/or stock-in-trade.
[Added 10-19-2021]
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 or 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 shall also exclude uses such as massage therapists
or spas. 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.
[Amended 9-15-2020]
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.
[Added 10-19-2021]
A substantial or significant portion shall be determined using
the following considerations:
Amount of floor area and basement space accessible to customers
and allotted to the sale or consideration of cannabinoid hemp compared
to the total floor area and basement space accessible to customers;
and/or
Amount of cannabinoid hemp accessible to customers, generally,
or as compared to total stock accessible to customers; and/or
Revenues derived from cannabinoid hemp compared to total revenues;
and/or
Advertising devoted to cannabinoid hemp or like substances of
any type, general, or compared to total advertising; and/or
Use of the establishment for cannabinoid hemp or like substances
of any type, general, or compared to total use thereof; and/or
Notwithstanding the above considerations, the following shall
be conclusive in determining substantial or significant portion:
Ten percent or more of floor area and basement space accessible
to customers allotted to cannabinoid hemp or like substances of any
type; and/or
Ten percent or more of its stock-in-trade in cannabinoid hemp
or like substances of any type; and/or
Ten percent or more of its gross income derived from cannabinoid
hemp or like substances of any type; and/or
Ten percent or more of its advertising devoted to cannabinoid
hemp or like substances of any type.
[Added 10-19-2021]
A substantial or significant portion shall be determined using
the following considerations:
Amount of floor area and basement space accessible to customers
and allotted to the sale or consideration of electronic cigarettes,
pipes, vape pens, vapors, e-liquids or like substances of any type,
generally, or as compared to the total floor area and basement space
accessible to customers; and/or
Amount of electronic cigarettes, pipes, vape pens, vapors, e-liquids
or like substances of any type accessible to customers, generally,
or as compared to total stock accessible to customers; and/or
Revenues derived from electronic cigarettes, pipes, vape pens,
vapors, e-liquids or like substances of any type, general, or compared
to total revenues; and/or
Advertising devoted to electronic cigarettes, pipes, vape pens,
vapors, e-liquids or like substances of any type, general, or compared
to total advertising; and/or
Use of the establishment for electronic cigarettes, pipes, vape
pens, vapors, e-liquids or like substances of any type, general, or
compared to total use thereof; and/or
Notwithstanding the above considerations, the following shall
be conclusive in determining substantial or significant portion:
Ten percent or more of floor area and basement space accessible
to customers allotted to electronic cigarettes, pipes, vape pens,
vapors, e-liquids or like substances of any type; and/or
Ten percent or more of its stock-in-trade in electronic cigarettes,
pipes, vape pens, vapors, e-liquids or like substances of any type;
and/or
Ten percent or more of its gross income derived from electronic
cigarettes, pipes, vape pens, vapors, e-liquids or like substances
of any type; and/or
Ten percent or more of its advertising devoted to electronic
cigarettes, pipes, vape pens, vapors, e-liquids or like substances
of any type.
Any facility or location whose business operation includes
the on-site indoor smoking of electronic cigarettes, vape pens, vapors,
and pipes, e-liquids, as defined herein, or other substances. "Smoking"
includes the inhalation of the smoke/e-liquid nicotine/vapors water
pipe tobacco and other substances encased in electronic cigarettes,
vape pens, vapors, and pipes commonly known as a "hookah," "waterpipe,"
"shisha" and "narghile" or any similar device.
[Added 5-24-2016; amended 10-19-2021]
Any establishment which offers for sale or consideration
electronic cigarettes, electronic pipes, vape pens and products, vapors,
e-liquid, or other substances, but not tetrahydrocannabinol (THC),
as a substantial or significant portion of its business, merchandise
and/or stock-in-trade.
[Amended 5-24-2016; 12-17-2019; 10-19-2021]
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 five-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. Exception: vape shops or lounges shall
only be measured from other cannabinoid hemp shops, vape shops or
lounges.
[Amended 12-17-2019; 10-19-2021]
(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 Town Zoning Board of Appeals if the applicant shows and the Board finds that the following conditions have been met in addition to the general conditions contained in Article XXXIII of this ordinance:
(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 ordinance 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.
F.
By amortization, the right to maintain a legal nonconforming adult
use shall terminate in accordance with the following schedule:
[Amended 12-17-2019]
|
Amount of Capital Investment to Establish Use*
|
Use Shall Terminate Prior to:
|
|---|---|
|
0 to $20,000
|
1 year from qualifying as adult use herein
|
|
$20,001 to $30,000
|
2 years from qualifying as adult use herein
|
|
$30,001 to $50,000
|
3 years from qualifying as adult use herein
|
|
$50,001 to $75,000
|
4 years from qualifying as adult use herein
|
|
$75,001 or more
|
5 years from qualifying as adult use herein
|
|
*
|
NOTE: The term "capital investment," as used above, is defined
to mean the initial outlay by the owner or operator of the use to
establish the business, exclusive of the fair market value of the
structure in which the use is located.
|
G.
Notwithstanding
anything set forth herein, any establishment which offers for sale
or consideration cannabinoid hemp products must be duly licensed by
New York State and comply with all applicable federal, state and local
regulations.
[Added 10-19-2021]
A.
The following uses shall be permitted when located
on the same lot as the authorized use:
(1)
Building for storing products, merchandise or vehicles
incidental or accessory to the authorized use.
(3)
Other customary accessory uses, structures and buildings,
provided that such uses are clearly incidental to the principal use
and do not include any activity commonly conducted as a business.
(4)
Game center.
[Added 8-19-1980]
(5)
Accommodations for a single security guard not to
exceed 500 square feet in gross floor area subject to the issuance
of a special permit from the Planning Board after due public hearing.
[Added 4-8-1997]
(6)
Private parking garage after special permit by the
Planning Board.
[Added 4-8-1997]
(7)
[1]Spray booth when operated as an accessory to a primary
permitted use, provided the booth has received a permit from the New
York State Department of Environmental Conservation or evidence is
submitted demonstrating exemption for said permit.
[Added 5-28-2008; amended 6-19-2012]
[1]
Editor's Note: Former Subsection A(7), which
designated the overnight parking of registered vehicles as an accessory
use, was repealed 9-11-2001.
(8)
Industrial accessory wind energy turbines as defined in § 68-3 of this chapter.
[Added 9-29-2009]
(9)
Loading
bay or dock. Such use shall have its distance maximized from a residential
use or zone as per the Subdivision and Land Development Regulations.
[Added 6-8-2010]
B.
Except with regard to construction on property principally
used for agriculture, any accessory building shall be located on the
same lot with the principal building, and no accessory building shall
be constructed on a lot until the construction of the main building
has actually been commenced, and no accessory building shall be used
unless the main building on the lot is completed and used.
A.
In an Industrial 1 District, no building or structure
shall be erected or altered to a height in excess of 60 feet or four
stories. Any portion of the building which is erected in excess of
35 feet shall be set back the height of the building with relation
to front yards, rear yards and side yards or the minimum required
setback, whichever is greater.
[Amended 7-12-2022; 3-14-2023]
B.
Accessory structures shall not exceed 18 feet in height.
[Amended 4-5-2005]
C.
Exceptions. The provision hereof shall not apply to
the height of a church or similar place of worship, tower, stack,
standpipe, refrigeration or compression coil, monument, chimney, water
tank or elevator. In the event that such structures are within 1 1/2
miles of an established airport, the approval by the Federal Aviation
Agency shall be secured and any and all conditions imposed met.
[Amended 9-11-2001]
D.
Flagpoles shall not exceed 35 feet in height.
[Added 9-11-2001]
[Amended 10-6-1987; 1-14-2003]
A.
The total building area, including all buildings,
shall not exceed a FAR of 0.35 except as otherwise provided herein.
An additional FAR of 0.10 is permitted for mezzanines used for storage
purposes only, complying with the Codes of New York State. Parking
for said mezzanines shall be calculated pursuant to the Subdivision
and Land Development Regulations minimum parking standards.
[Amended 12-12-2006; 9-15-2020]
B.
For mini-storage warehouse, the total building area, including all
structures, shall not exceed an FAR of 0.42. A mini-storage warehouse
and its associated accessory buildings shall not occupy more than
42% of the lot on which they are situated. The floor area ratio may
be increased to a maximum of 1.00, subject to complying with the following
criteria:
(1)
The filing of a deed covenant by the applicant/owner, prior to permit
issuance, limiting the use to a mini-storage warehouse.
[Amended 7-20-2021]
(2)
Twenty-five percent of the lot area is landscaped, with a minimum
of 50% located within the front yard.
(3)
The incorporation of renewable energy that provides for a minimum
of 50% of the building's energy demand.
(4)
Use of "superior architecture," as defined in § 68-3, Word usage and definitions, on the facade for building elevations that are visible from streets.
(5)
Use of architecture similar to the superior architecture on the facade
for building elevations that are not visible from streets.
A.
The minimum required plot area for any use authorized
in this district shall be 20,000 square feet.
B.
Separate ownership. A permitted building may be erected
on or a permitted use may occupy any lot which was separately owned
at the time of the passage of this ordinance and which has not come
into common ownership with adjoining property and conforms to the
area density requirements of the Zoning Ordinance prior to such codification
and conforms to all other minimum requirements of this ordinance.
A.
The minimum width of a lot for any use permitted in
this district shall be 100 feet throughout.
B.
Separate ownership. A permitted building may be erected
on or a permitted use may occupy any lot which was separately owned
at the time of the passage of this ordinance and which has not come
into common ownership with adjoining property and conforms to the
width of lot requirements of the Zoning Ordinance prior to such codification
and conforms to all other minimum requirements of this ordinance.
A.
Main buildings. All permitted buildings, including
accessory buildings, hereafter erected shall have a required front
yard of 50 feet.
[Amended 3-23-1999]
B.
Corner lots. All main buildings hereafter erected on a corner lot shall also have a front yard facing the side street. This front yard shall be at least 25 feet, unless arterial highway setback is greater. (See Article XXXII.)
[Amended 1-15-1985; 3-23-1999; 7-12-2022]
All buildings, including accessory buildings, hereafter erected shall have a side yard along each lot line other than a street or a rear line. Each side yard shall be not less than 10 feet, except if the building exceeds 35 feet in height as detailed in § 68-343A or where 50 feet is required adjoining residential uses or districts.
No encroachments are permitted.
[Amended 8-12-2003]
Exterior site and road improvements shall be installed pursuant to the requirements of Article XXIII.
(See Article XXX.)
