[1]
Editor's Note: This article was retitled as
such by L.L. No. 1-1995, adopted 7-18-1995.
[Amended 10-19-1982 by L.L. No. 6-1982; 9-8-2004 by L.L. No. 5-2004]
In the I Zoning District the following uses
are permitted as of right (permitted uses) or pursuant to special
permit. Any use which is not enumerated as a permitted use or as a
specially permitted use shall be prohibited.
B.
Special uses. Any use permitted by special permit
in the B Zoning District may be permitted by special permit in the
I District.
C.
Accessory uses.
(1)
Accessory uses and structures ordinarily and customarily
incidental to the principal use at the premises shall be permitted.
(2)
Accessory uses shall also include the incidental repair
and servicing of any product the sale of which is a permitted use,
provided that such repair and servicing uses shall be performed within
the confines of the interior business premises utilized for the principal
use. It shall be unlawful to conduct and carry on any business, whether
it be the principal business for which the premises is zoned or incidental
thereto, upon the exterior business premises, unless otherwise specifically
permitted under this chapter.
[Amended 11-8-2001 by L.L. No. 4-2001; 6-9-2016 by L.L. No. 1-2016; 2-5-2019 by L.L. No. 1-2019]
A.
No use permitted in a residence or business zone shall be excluded
from an industrial zone.
B.
The following adult uses shall be allowable in the industrial zones
of the Village upon the issuance of a special use permit by the Board
of Zoning Appeals pursuant to the provisions of this chapter:
(1)
Purposes and considerations.
(a)
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.
(b)
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 Incorporated
Village of New Hyde Park.
(c)
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.
(2)
Definitions.
(a)
ADULT BOOKSTORE
ADULT DRIVE-IN-THEATER
ADULT ENTERTAINMENT CABARET
ADULT MOTEL
ADULT NOVELTY STORE
ADULT THEATER
BODY PIERCING SALON
HEAD SHOP
HOOKAH BAR
MARIJUANA RETAIL STORE
MEDICAL MARIJUANA DISPENSARY
MARIJUANA
MARIJUANA PRODUCT
MEDICAL MARIJUANA
MASSAGE ESTABLISHMENT
PEEP SHOWS
TATTOO PARLOR
VAPE SHOP
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 videotapes, 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, bottomless 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 make 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.
An establishment having as a substantial or significant portion
of its stock-in-trade adult novelties or materials as such are defined
in § 235.00, Subdivision 2, of the Penal Law of the State
of New York, and which establishment is customarily not open to the
public generally but excludes any minor by reason of age.
A theater that customarily presents motion pictures, films,
videotapes or slide shows that is not open to the public generally
but excludes any minor by reason of age.
An establishment which performs piercing activities upon
body parts and which establishment is customarily not open to the
public generally but excludes any minor by reason of age.
An establishment having as a substantial or significant portion
of its stock-in-trade drug paraphernalia or accouterments, and which
establishment is customarily not open to the public generally but
excludes any minor by reason of age.
Any facility or location whose business operation, whether
as its primary use or as an ancillary use, includes the smoking of
tobacco or other substances through one or more hookah pipes (also
commonly referred to as a "hookah," "waterpipe," "shisha" or ''narghile"),
including, but not limited to, establishments known variously as "hookah
bars," ·hookah lounges" or "hookah cafes."
A building, structure or premises engaged in the sale, use
or distribution of marijuana and/or marijuana products for nonmedical
use. A building, structure or premises shall be considered a marijuana
retail store, regardless of whether products in addition to marijuana
products are offered for sale, use or distribution at the building,
structure or premises and regardless of the amount of marijuana or
marijuana products available for sale, use or distribution at the
building, structure or premises in comparison to other products offered
for sale, use or distribution at the building, structure or premises.
A building, structure or premises authorized by the New York
State Department of Health to dispense or distribute medical marijuana
in accordance with Article 33 of the Public Health Law and Part 1004
of Title 10 of the New York Codes, Rules and Regulations.
The term "marijuana" shall have the same definition ascribed
to "marihuana" in § 3302 of the New York Public Health Law.
Marijuana and/or any material, substance or other thing derived
(in any manner) from marijuana or which contains marijuana as a component
part in any amount or concentration.
The term "medical marijuana" shall have the same definition
ascribed to medical marihuana in § 3360 of the New York
Public Health Law.
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 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 also shall exclude health clubs which have facilities for
physical 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 minors by reason of age.
An establishment which performs tattoo activities and which
is not open to the public generally but excludes minors by reason
of age.
Any facility or location whose business operation, whether
as its primary use or as an ancillary use, includes the smoking or
selling of electronic cigarettes, vapors, e-liquids, otherwise legal
marijuana derivatives, or other substances that are smoked through
an electronic cigarette or any similar product.
(b)
The above list of adult uses is not intended to be an exhaustive
list of adult uses sought to be regulated by this section. If, upon
review of a building application, the Superintendent of Buildings
determines that the application is for the establishment of an adult
use, the provisions of this section shall apply to same.
(3)
The adult uses as defined in Subsection B(2)(a) above are to be restricted as to location in the following manner in addition to any other requirements of this Code:
(a)
Any of the above uses shall not be located within a two-thousand-foot
radius of another such use.
(b)
Any of the above uses shall not be located within an eight-hundred-foot
radius of any school, church or other place of religious worship,
park, playground, playing field, or public library.
(c)
Any of the above uses shall not be located within a two-hundred-foot
radius of any area zoned or utilized for residential purposes.
(4)
The restrictions enumerated in Subsection B(3) above may be waived by the Board of Zoning Appeals of the Village if the applicant shows and the Board finds that the following conditions have been met:
(a)
That the proposed use will not be contrary to the public interest
or injurious to nearby properties and that the spirit or intent of
this section will be observed;
(b)
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
(5)
No more than one of the adult uses as defined above shall be located
on any lot.
