The intended purpose of the Light Industrial District is to
accommodate light industrial and specific business uses, and to regulate
such development and uses to minimize potential adverse effects on
other nearby uses; reduce potential use conflicts; and strengthen
the economic vitality and attractiveness of the Industrial District.
It is not the intent of the Town to allow the conversion or expansion
of commercial/retail uses within the Light Industrial District except
as provided herein.
As used in this article, the following terms shall have the
meanings indicated:
LIGHT INDUSTRIAL USE — A material-handling,
processing, assembly, manufacturing, research, warehouse or similar
facility where all input, output, operations and storage are wholly
conducted within enclosed buildings and which meets the other performance
standards of the district.
[Amended 2-19-2013 by L.L. No. 1-2013; 4-19-2017 by L.L. No. 1-2017; 2-25-2020 by L.L. No. 2-2020]
The following uses are permitted:
A.
Light industrial uses.
B.
Business or professional office.
C.
Research and development.
D.
Ammunition/firearms sales.
E.
Warehouse/distribution.
F.
Wholesale operations.
G.
Automobile/truck sales, servicing, rental, washing, repair and refinishing
that does not include salvage operations. Permitted automobile/truck
washing is limited to washing within a building as part of an automobile/truck
rental use.
H.
Animal hospital, provided that the facility and all animals are contained
in an enclosed structure.
I.
Adult entertainment subject to the requirements of § 185-53.3
of this Code.
J.
Indoor active recreation.
The following uses may be permitted pursuant to a special use
permit issued by the Planning Board:
A.
An otherwise permitted light industrial use may include input, output,
operations and/or storage outside of an enclosed building, pursuant
to a special use permit issued by the Planning Board.
B.
Small-scale retail sales ancillary to the primary light industrial
use. For the purposes of this section, "small-scale" is defined as
less than 10% of the floor area of the principal use.
C.
Any permitted use where the handling or storage of hazardous material
is ancillary to the core business function.
D.
Recreational vehicle storage. Recreational vehicles, which shall
include any vehicle used for recreational purposes, including boats,
boat trailers, motor homes, camper trailers, pickup campers, pop-up
trailers, all-terrain vehicles, jet skis, motorcycles, and snowmobiles,
may be stored on parcels that meet the following requirements:
(1)
The parcel shall contain a minimum of 10 acres.
(2)
The storage area shall be set back a minimum of 500 feet from any
and all road rights-of-way.
(3)
The storage area shall be reasonably screened from view with fencing
and/or vegetative material to reduce the visual impact of the storage
to adjacent parcels and road rights-of-way.
E.
Kennels. Kennels, including animal day-care centers where animals
are boarded for any length of time, shall be permitted, subject to
the following specific conditions:
(1)
A noise and visual barrier consisting of a suitable fence or dense
vegetative planting shall be provided, fully encircling all kennel
areas not enclosed in a building.
(2)
All animals shall be confined to an individual crate or cage and
within a building between the hours of 8:00 p.m. and 6:30 a.m.
(3)
No noticeable odors or offensive noise shall be emitted from the
site.
(4)
There shall be no incineration of waste and/or refuse on the site.
(5)
There shall be no breeding of animals on the site.
(6)
In reviewing an application for a special use permit, and in addition to the criteria to be considered pursuant to § 185-174, the Planning Board shall consider the following:
(a)
Provisions for controlling noticeable odor and offensive noise.
(b)
Disposal plan for animal waste.
(c)
Supervision of animals, particularly when outside a building.
(d)
Adequacy of outdoor areas, including size, number of areas and
separation of areas with visual buffering.
(e)
Soundproofing methods for buildings.
(f)
Maximum number of animals to be maintained.
(g)
Hours of operation.
(h)
Existing or proposed natural or man-made barriers.
(i)
Other factors which the Planning Board reasonably determines
are appropriate to prevent and/or mitigate negative effects to adjoining
properties and the neighborhood.
A.
Environmental protection. No use shall be permitted to be established
or maintained which by reason of its nature or manner of operation
is or may become hazardous, obnoxious or offensive owing to the emission
of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse
matter or waterborne waste.
B.
Material handling. All material handling owing to processing, manufacturing,
remanufacturing, repair, salvaging, storage or other similar activities
will be fully contained within enclosed buildings. Transfer of materials
between buildings and storage facilities is permitted during normal
business hours, provided that said materials are moved directly from
one enclosed building to another.
A.
Lot size. Each lot shall have a minimum area of not less than 30,000
square feet.
B.
Maximum height. The maximum permitted height of any structure is
40 feet, except that chimneys attached to such structure may extend
10 feet above the highest point of the structure.
C.
Setback restrictions. Subject to the supplemental setback provisions of § 185-120, all structures shall have a front setback of at least 50 feet, side setbacks of at least 25 feet and a rear setback of at least 50 feet. For parcels whose rear property line is parallel to a rail corridor, the rear setback shall be at least 25 feet.
D.
Lot coverage. Structures, parking areas, internal roadways and sidewalks
shall not occupy more than a maximum of 80% of the total lot area.
The remainder of the lot area, a minimum of 20%, shall be devoted
to open space and/or landscaped areas.
[Amended 4-19-2017 by L.L. No. 1-2017]
A.
Visual buffering.
(1)
Landscaped front lawns shall be provided from the edge of the road
pavement or curbing to the edge of the building front, but cars for
sale may be displayed on hard-surface lots between the road and the
building front.
(2)
Landscaped visual buffering of principal structures, accessory structures,
loading docks, parking areas, walkways, internal roads and appurtenant
structures is required.
(3)
HVAC units and dumpsters shall be kept to the rear of the front line
of the principal structure and shall be vegetatively or otherwise
unobtrusively screened from view.
C.
Loading docks. All loading docks shall be located to the rear of
the front line of the principal structure. Loading dock(s) shall not
be placed in a manner that impedes traffic.
D.
Parking.
(1)
All lots shall include hard-surface (asphalt or concrete) parking
areas of sufficient size to accommodate all employees and service
personnel, which shall be located behind the front line of the principal
structure.
(2)
All visitor parking areas shall be hard surface (asphalt or concrete);
shall be not less than 40 feet from the front property line; and if
located in front of the main structure, shall be screened with appropriate
landscaping to buffer the visual impact of the parking area.
(3)
All exit and entrance lines to parking and service lanes shall be
clearly marked and maintained.
Special regulations applicable to adult bookstores and adult
entertainment establishments are as follows:
A.
ADULT BOOKSTORE
(1)
(2)
(3)
(4)
ADULT ENTERTAINMENT ESTABLISHMENT
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this article, the following terms shall have
the meanings indicated:
A business enterprise which has a substantial portion of
its stock-in-trade printed, visual or audio material of any kind or
other novelties which are characterized by their emphasis on specified
anatomical areas or specified sexual activities, including any such
establishment having a substantial area devoted to the sale and display
of such material. For purposes of this definition, "substantial portion"
or "substantial area" shall be 25% or more of any of the following:
The number of different titles or kinds of such merchandise;
The number of copies or pieces of such merchandise;
The amount of floor space devoted to the sale and display of
such merchandise; or
The amount of advertising which is devoted to such merchandise
either in print or otherwise promoted via the broadcast media.
Any business enterprise which is other than an adult bookstore
which has presentations characterized by emphasis on the description
or depiction of specified anatomical areas or specified sexual activities
during live shows, motion-picture films, videotapes or sound recordings
presented to an audience of one or more individuals. Also included
in this definition is any business enterprise, other than a bona fide
medical or health service establishment, requiring a client or customer
to display any specified anatomical area.
Includes:
Any touching of the genitals, pubic areas or buttocks of
the human male or female or the breasts of the female, whether clothed
or unclothed, alone or between members of the same or opposite sex,
or between humans or animals, in an act of apparent sexual stimulation
or gratification.
B.
Restrictions.
(1)
No more than one of the enumerated adult uses shall be permitted
on any single lot in the Town.
(2)
The property line of a parcel where said adult uses are located
shall not be within 500 feet of any residential zoning district, measured
as a straight line between the nearest points on the property lines.
(3)
The property line of a parcel where said adult uses are located
shall not be within 500 feet of the boundary of any town or village,
measured as a straight line between the nearest points on the property
lines.
(4)
The property line of a parcel where said adult uses are located
shall not be within 500 feet of the property lines of a school, place
of worship, day-care center, park or playground or other lot containing
another such use, measured as a straight line between the nearest
points on the property lines.
(5)
The property line of a parcel where said adult uses are located
shall not be within 1,000 feet of the property lines of a lot containing
another such adult use, measured as a straight line between the nearest
points on the property lines.
(6)
All adult bookstores and adult entertainment establishments
shall be conducted in an enclosed building. Regardless of location
or distance, no one who is passing by an enclosed building having
a use governed by these provisions shall be able to visually see any
specified anatomical area or any specified sexual activity by virtue
of any display which depicts or shows said area or activity. This
requirement shall apply to any display, decoration, sign, window or
other opening.
(7)
No audio or video transmission of these adult uses, either by
broadcast, telephone, satellite, microwave or other electronic transmission,
to off-site locations shall be permitted.
