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.
ADULT BOOKSTORE
ADULT DRIVE-IN THEATER
ADULT ENTERTAINMENT CABARET
ADULT MOTEL
ADULT THEATER
MASSAGE ESTABLISHMENTS
PEEP SHOWS
Definitions. 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, 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 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.
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.
[Added 3-25-2019 by L.L.
No. 2-2019]
A.
The recreational sale or use of marijuana, cannabis substitutes and
related products shall be permitted only in the Industrial District
as hereinafter provided.
B.
Any business whose primary or ancillary purpose is to facilitate
the smoking of tobacco, vapors, e-liquids or other substances through
a hookah or waterpipe, or an electronic cigarette, commonly referred
to as "hookah bars" or "vape shops," shall be permitted only in the
Industrial District as hereinafter provided.
C.
No premises shall be used for the recreational sale or use of marijuana
and related products, nor as a hookah bar or vape shop, without all
applicable licenses, and in strict compliance with any applicable
governmental regulations.
D.
The location of uses permitted in this section within the Industrial
District shall be further restricted as follows:
(1)
None of such uses shall be permitted within a 300-foot radius
of any property used for residential purposes.
(2)
None of such uses shall be permitted within a one-half-mile
radius of another such use.
(3)
None of such uses shall be permitted within a 500-foot radius
of any school, church or other place of religious worship, park, playground
or playing field.
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.