The purpose of the Industrial Zone is to permit, where appropriate, manufacturing and other industrial facilities. Areas may be zoned as an Industrial Zone by the Town Board or upon application for a specific proposal, all in accordance with the normal rezoning procedures. Generally, such rezoning will be permitted only in areas where public water and sanitary facilities are available, where public transportation may be readily available, and where other resources and facilities that complement industrial uses are found. In reaching its decision on whether to rezone to an Industrial Zone, the Town Board shall consider the general criteria set forth in this chapter, the most current Comprehensive or Master Plan for the Town, and this statement of purpose.
In an Industrial Zone buildings and land may be used for any lawful manufacturing activity and any lawful activity permitted as of right in a Light Industrial Zone, except for the uses expressly enumerated below. Certain uses or facilities, set forth below, are permitted only upon receipt of a special permit from the Planning Board as set forth below.
The following uses are prohibited in an Industrial Zone:
A. 
Dwelling units, except as an accessory use as set forth below.
B. 
Sales of any products at retail to the general public except as the same may be related to and an incidental by-product of a permitted principal use such as manufacturing.
C. 
Restaurants of any nature except for cafeterias or other similar facilities that are incidental to and related specifically to a permitted principal use such as manufacturing.
D. 
Motel.
E. 
Hotel.
F. 
Adult entertainment business.
G. 
Any of the following factories or works: arsenal, blast furnace, boiler works, iron, steel, brass or copper foundry, metal ore, smelting, planing mill, rolling mill and stockyards or slaughterhouse.
H. 
The manufacturing or storage of explosives and gas, oil and other flammables or petroleum products.
Only the following accessory buildings or uses are permitted of right in an Industrial Zone:
A. 
Automobile parking and off-street loading areas subject to the further requirements of this article.
B. 
Accessory storage buildings.
C. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C, which set forth signs as a permitted accessory use, was repealed 8-7-2017 by L.L. No. 12-2017.
D. 
The dwelling of an owner, operator, or manager, or of a guard, caretaker, or custodian, provided that no more than one dwelling unit per industry shall be established.
E. 
Guardhouse.
F. 
Child day-care centers upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter.
G. 
Cafeteria or lunchroom incidental to and related specifically to a permitted use.
H. 
Recreational facilities including playfields, ballfields, tennis and volleyball courts, swimming pools and fitness centers.
I. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection I, regarding fences up to eight feet in height, was repealed 11-9-2009 by L.L. No. 14-2009.
J. 
Where the use is as a dwelling, home occupations, subject to the limitations on home occupations set forth in § 270-219.2.
[Added 2-12-2007 by L.L. No. 1-2007]
K. 
Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in § 270-219.3.
[Added 8-13-2007 by L.L. No. 7-2007]
L. 
Small wind energy facilities, subject to the limitations on small wind energy facilities set forth in § 270-219.4.
[Added 8-11-2008 by L.L. No. 13-2008]
[Amended 11-9-2009 by L.L. No. 14-2009]
Except as otherwise provided elsewhere in this chapter, accessory structures or buildings may be placed in any required side or rear yard but no closer than five feet to the boundary of the property. Except as otherwise provided herein or elsewhere in this chapter, no structures shall be placed in any required buffer zone. Parking, signs, and guardhouses may be placed in a front yard, provided the Planning Board finds the location of such structures is in accordance with the criteria for approval of the site plan and the location is shown on an approved site plan. Signs and guardhouses if placed in a required front yard may also be placed in any required buffer zone that is in the front of the property.
A minimum tract of 10 acres is required for the development of an Industrial Zone.
Except as may be specifically otherwise authorized in this chapter, in Industrial Zones no building shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest exterior grade, and no structure other than a building shall exceed 36 feet in height.
A. 
Except as may be specifically otherwise authorized in this chapter, in Industrial Zones yards of at least the following dimensions are required:
(1) 
Front yard: Not less than 150 feet in depth.
(2) 
Rear yard: Not less than 60 feet in depth.
(3) 
Side yards: None required with respect to buildings all on the same lot, but not less than 60 feet from any structure to a side property line.
(4) 
Greater yards: Notwithstanding the foregoing, any special yard requirements for specific uses or buildings set forth elsewhere in this chapter shall, if more restrictive, supersede the above yard requirements.
B. 
The foregoing requirements may include any required buffer areas and shall not be in addition to any required buffer areas.
The maximum building area shall not exceed 30% of the lot area. Projections described in § 270-224 are not to be included in computing the percentage.
Minimum usable open space shall be not less than 30% of the lot area. For this purpose "usable open space" shall mean that portion of the lot area not covered by any structure (as defined in Article III) or driveway, and generally intended to be occupied by suitable vegetation or landscaping.
Lots in Industrial Zones shall meet the following minimum requirements:
A. 
Minimum lot area shall be at least two acres; and
B. 
Minimum width at the street line shall be 150 feet; and
C. 
Minimum width at the maximum required front yard setback line (150 feet from the street line) shall be 200 feet; and
D. 
Minimum depth from the street line shall be 300 feet.
Parking requirements shall be as set forth in Article XXVII.
Additional special requirements include the following:
A. 
Off-street loading: Same as in Commercial Zones (§ 270-122A).
B. 
Access and sidewalks: Same as in Commercial Zones (§ 270-122B).
C. 
Buffer areas and screening: Same as in Commercial Zones (§ 270-122C) except no structure shall be placed closer than 100 feet to any residence zone and 50 feet to any other zone.
D. 
Additional screening: Same as in Commercial Zones (§ 270-122AD).
E. 
Displays. In all Industrial Zones no outside displays shall be permitted unless otherwise specifically authorized by this chapter.
Any use in an Industrial Zone shall be so operated as to be in conformity with the performance standards set forth with respect to Light Industrial Zones above.
No building permit shall be issued for a building or structure within an Industrial Zone nor shall any existing building, structure or use in an Industrial Zone be changed unless the proposed building and/or use is in accordance with a site plan approved pursuant to the provisions of Article XXIII.