Village of Amityville, NY
Suffolk County
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Table of Contents
Table of Contents
In an Industrial District, the regulations in this article shall apply.
A. 
In an Industrial District, a building may be erected, altered or used, and a lot or premises may be used, for any lawful purpose except the following:
[Amended 1-24-2011 by L.L. No. 1-2011]
Abattoirs
Acetylene, natural or any type of gas manufacture or storage
Acid manufacture, all types and kinds, as a principal industry
Airfield, airport or airpark
Ammonia, bleaching powder or chlorine manufacture
Arsenal
Asphalt manufacture or refining
Atomic reactor or nuclear power plant
Automobile wrecking and/or automobile salvage yard
Bag cleaning
Blast furnace
Boiler works
Brick, tile or terra cotta manufacture
Burlap manufacture
Candle manufacture
Celluloid manufacture
Cement, lime, gypsum or plaster of paris manufacture
Chemical works and manufacture
Coal tar products manufacture
Coke ovens
Concrete batching
Crematory (not connected with cemetery)
Creosote treatment or manufacture
Disinfectant manufacture
Distillation of bones, coal or wood
Dyestuff manufacture
Emery cloth and sandpaper manufacture
Explosives, manufacture or storage
Exterminator and insect poisons manufacture
Farmers' market or flea market
Fat rendering
Fertilizer manufacture and bone grinding
Fiberglass product manufacture
Fireworks or explosive manufacture or storage
Fish smoking and curing
Forge plant
Garbage, offal or dead animals reduction, dumping or incineration
Gas manufacture (all types)
Glue, size or gelatine manufacture
Gunpowder manufacture
Ink manufacturer
Incineration or reduction of residential, commercial or medical solid or nonsolid waste, garbage, dead animals, offal or refuse
Iron, steel, brass or copper foundry
Junkyards
Lampblack manufacture
Match manufacture
Oilcloth or linoleum manufacture
Oiled, rubber or leather goods manufacture
Oil reduction
Open-air stands
Ore reduction
Paint, oil, shellac, turpentine or varnish manufacture
Paper and pulp manufacture
Petroleum products, refining or wholesale storage of petroleum
Manufacture of plastic compounds
Plating works
Potash works
Printing ink manufacture
Pyroxyline manufacture
Rock crusher
Rolling mill
Rubber or gutta-percha manufacture or treatment
Salt works
Salvage yards
Sand, gravel or cement plants, structures, hoppers, buildings, machines or mechanisms of any nature
Sauerkraut manufacture
Sausage manufacture
Screening, separating, sorting, collecting, storage or transfer of garbage, rubbish, debris or solid waste
Shoe blacking manufacture
Smelters
Soap manufacture
Soda and compound manufacture
Stone mill or quarry
Stockyards
Storage or baling of scrap paper, iron, bottles, rags or junk
Stove polish manufacture
Tallow, grease or lard manufacture or refining from animal fat
Tanning, curing or storage of leather, rawhides or skins
Tar distillation or manufacture
Tobacco (chewing) manufacture or treatment
Tar roofing or waterproofing manufacture
Vinegar manufacture
Wool pulling or scouring
Yeast plant
B. 
Any other use which shall be noxious or offensive by the emission of odor, dust, fumes, gas, vibration or noise shall be prohibited.
Any and all residential uses are prohibited in the Industrial District.
In an Industrial District, no internal combustion engine shall be used unless objectionable noise and vibration are eliminated, and it is equipped and supplied with an effective muffler or silencer.
Adult uses shall be allowable in the Industrial District only.
A. 
Purposes and considerations.
(1) 
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 Amityville.
(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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
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.
ADULT DRIVE-IN THEATER
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.
ADULT ENTERTAINMENT CABARET
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.
ADULT MOTEL
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.
ADULT THEATER
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.
MASSAGE ESTABLISHMENTS
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 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.
PEEP SHOWS
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 three-hundred-foot radius of any property used for residential purposes or zoned A, BB, B or C Residence, H Historic, PAC Residence or SC Senior Citizen Residence, pursuant to the further terms of this chapter.
(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. 
No more than one of the adult uses as defined above shall be located on any lot.
No outside storage of materials or articles of any nature shall be permitted in the Industrial District unless such storage is approved by the Zoning Board of Appeals as a special exception.
In the Industrial District, drainage, paving, landscaping and seeding shall be subject to the approval of the Planning Board.
A. 
In the Industrial District, no building shall be erected or altered on a lot having an area less than 12,500 square feet.
B. 
Single and separate ownership. A building may be erected on a plot having an area less than 12,500 square feet if such plot was in single and separate ownership on August 4, 1930.
In the Industrial District, each lot shall have a minimum frontage of at least 75 feet.
In the Industrial District, no buildings or structures shall exceed 35 feet in height.
In the Industrial District, the required front yard depth shall not be less than 20 feet.
In the Industrial District, the required front yard on double-frontage lots shall be provided for on both streets.
[Amended 1-24-2011 by L.L. No. 1-2011]
In the Industrial District, corner lots shall have a front yard of at least 20 feet on each street.
In the Industrial District, there shall be a rear yard equal to the height of the building but not less than 25 feet.
In the Industrial District, there shall be two side yards, one on each side, the aggregate widths of which shall be at least 20 feet. Neither side yard shall be less than five feet wide.
In the Industrial District, the total building area shall not exceed 40% of the total lot area.