[Amended 5-4-1971; 12-5-1972; 11-8-1978; 7-3-1979]
In the Industrial B District (General Industry), no building,
structure or premises shall be used or arranged or designed to be
used, and no building or structure shall be hereafter erected, reconstructed
or altered, unless otherwise provided in this chapter, except for
two of the following permitted uses, special exception or special
permit uses and their customary accessory uses:
A.
Permitted uses:
(1)
Agriculture.
(2)
Automobile laundry.
(3)
Building contractor storage and/or equipment yard.
(4)
Dry-cleaning or laundry plant.
(5)
Greenhouse, plant nursery and garden.
(6)
Ice cream manufacture.
(7)
Newspaper offices; job printing establishment.
(8)
Offices.
(9)
Printing and publishing plant.
(10)
Repair shops for household and/or personal appliances.
(11)
Restaurant, except that a drive-in restaurant shall be permitted
only by special permit of the Town Board.
(12)
Storage yard, building material, feed or similar nonhazardous
material.
B.
Special permit uses:
(1)
Airport.
(2)
A nonnuisance industry.
(3)
Loading, hauling and/or processing of sand, gravel, shale or
topsoil, except that sand mining as defined in the Environmental Conservation
Law is a prohibited use under this district.
(4)
Wholesale business (nonnuisance).
(5)
Dog and horse training, to include but not be limited to care,
grooming, exercising, schooling and exhibiting.
(6)
Gas service station.
(7)
Camps of Types 1, 3, 4, 5 and 6.
(8)
Any other use, except for multiple-family dwelling, apartment
house, garden apartment or condominium and camp of Type 2, not hereinbefore
permitted.
(9)
Any other recreational use.
(10)
Body and fender repair shop.
(11)
Motor vehicle repair shop.
C.
Accessory uses. Accessory uses shall include those uses customarily
incidental to any of the above permitted uses when located on the
same lot. Specifically permitted are the following:
A.
No building shall be erected nor any lot or land area utilized unless
in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a
part hereof with the same force and effect as if such requirements
were herein set forth in full as specified in said schedule, except
as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
B.
Any lot in nonconforming residential use or subsequently divided
to leave a nonconforming residential use as a separate lot must be
divided so that such residential lot complies with the provisions
for lot area, width and yard requirements of the Agriculture Protection
Zoning Use District of this chapter. Any subsequent alterations or
enlargements of the building shall comply with the requirements of
the Agriculture Protection Zoning Use District of this chapter.
[Amended 7-10-2005 by L.L. No. 35-2005]
A.
Gasoline service stations.
(1)
A gasoline service station may not be erected within a radius
of 1/2 mile from any existing gasoline service station, measured between
the principal buildings, and may not be erected within a radius of
500 feet from a residence use district.
(2)
There must be filed with an application for a special permit
an affidavit setting forth the names and addresses of all the owners
of real property situate within a radius of 1,000 feet from the proposed
site as measured from the line of the property which is the subject
of the application, which affidavit shall set forth proof of service
by certified mail, return receipt requested, of notice of public hearing
on the application having been sent to all such property owners not
less than 30 days prior to the hearing. The notice of public hearing
shall set forth that an application for a proposed gasoline service
station has been filed with the Town Board; a description of the proposed
site, together with a map thereof; a description of the proposed type
of operation; the names and addresses of the applicants and all persons
having an interest in the said premises; and the time and place of
the public hearing before the Town Board, together with a statement
that all persons wishing to be heard in connection with the application
should appear before the Town Board at the time specified therein.
(3)
Any permit granted shall be conditioned upon the lot being used
for retail sale of motor fuels, lubricants and other motor vehicle
supplies, including spark plugs, batteries, tires and other customary
minor parts for the repair, servicing and upkeep of motor vehicles,
not including body and fender work; upon all repair work being performed
inside a building and only between the hours of 7:00 a.m. and 9:00
p.m., prevailing time, except for emergencies; and upon there being
no storage of dismantled vehicles on the lot. Violations of any of
these conditions shall cause a revocation of the permit, and the failure
to enforce the revocation because of any violation shall not constitute
a waiver as to future or continuing violations.
[Amended 10-1-2002 by L.L. No. 29-2002]
