Village of Delhi, NY Article VIII Industrial Districts I-1 and I-2

§ 300-30 Purpose of districts; designations; permitted uses, buildings and other structures; restrictions.

[Amended 5-11-1973; 8-18-1997 by L.L. No. 5-1997]

A. The Industrial Districts I-1 and I-2 are primarily for heavy commercial and light industrial uses whose activities do not usually constitute a fire hazard or emit smoke, glare, noise, odor or dust or in other ways constitute a nuisance or are not detrimental to neighboring properties.

B. Industrial District I-1.[1]

(1) Uses and buildings and other structures permitted therein include all those permitted in any of the other classes of districts, except churches, schools and adult uses, any use not specifically prohibited by § 300-31 and any use not in conflict with any other laws of the Village.

[1] Editor's Note: Former Subsection B(1), describing the geographic area of the I-1 District, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Industrial District I-2.[2]

(1) Uses and buildings and other structures permitted therein include all those permitted in any of the other classes of districts, except churches and schools, any use not specifically prohibited by § 300-31 and any use not in conflict with any other laws of the Village.

(2) The following sexually oriented businesses, specifically adult cabarets and adult theaters, hereafter referred to as "adult uses," are allowed only in the Industrial District I-2 and subject to the following:

(a) Geographic restriction.

[1] The adult use may not be operated within 100 feet of:

[a] A church, synagogue or other regular place of worship;

[b] A public or private elementary or secondary school, not including a college or university; or

[c] A single-family residence.

[2] The adult use may not be operated within 500 feet of another adult use or on the same lot or parcel of land or within the same building, structure or portion thereof, containing another adult use.

(b) Enclosure. The adult use shall be conducted in an enclosed building. Regardless of location or distance, no one who is passing by an enclosed building having a use governed by these provisions shall be able to visually see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.

[2] Editor's Note: Former Subsection C(1), describing the geographic area of the I-2 District, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 300-31 Prohibited uses.

[Amended 5-15-1978 by L.L. No. 3-1978; 8-16-2004 by L.L. No. 3-2004[1]]

The following uses are prohibited in the Industrial Districts I-1 and I-2:

A. Any process of assembly, manufacture or treatment normally constituting a nuisance by reason of smoke, glare, noise, odor or dust or those of an unusually hazardous nature, including but not limited to such things as the manufacture and storage of fireworks and explosives and explosive or poisonous gases, except as may be necessary and incidental to a permitted industrial process; the manufacture of illuminating gas; and the storage of illuminating gas, except as provided by § 300-38.

B. The storage or processing of scrap metal, automobile graveyards or automobile wrecking or disassembly plants, and the storage of secondhand building materials closer to any street or other property line than 200 feet, unless entirely enclosed within a solid wall or fence not less than six feet high and unless material stored in such areas is not stacked in such a way as to exceed the height of such fence at any point.

C. The storage, baling or treatment of junk, rags, bottles or scrap paper, except entirely within a building.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 300-32 Yard, area and height restrictions.

A. Establishments abutting residential districts. All buildings and structures constructed on property which abuts residential districts shall provide both visual and audio screening as well as a minimum side yard of 50 feet on the side adjacent to the residential district. Streets or public rights-of-way 30 feet or more in width may be included as the side yard requirement of this subsection. Rear yards shall not be less than required in the abutting residential district.

[Amended 5-15-1978 by L.L. No. 3-1978]

B. Height. There shall be no limit on the height of buildings or structures in Industrial Districts I-1 and I-2, except that no structure exceeding 40 feet in height shall be built on upper Route No. 10 without approval of the Board of Appeals.

[Amended 2-23-2009 by L.L. No. 3-2009]