Village of Farmingdale, NY
Nassau County
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Table of Contents
Table of Contents
[Added 10-22-1951; amended 5-8-1961; 11-18-1968; 2-25-1974]
In an Industrial I District, no building or premises shall be used and no building shall be erected or altered for other than one or more of the following specific uses:
A use permitted in a Business D District, other than a one-family residence, a two-family residence or a multifamily dwelling.
[Amended 1-5-2015 by L.L. No. 1-2015; 1-5-2015 by L.L. No. 2-2015]
Laboratories for scientific and industrial research, testing and development.
Cold storage plant, pasteurizing plant or creamery.
Warehousing and distributing plant, but not including the outdoor storage of goods or materials, and not including the storage or sale of lumber, ice, coal, petroleum or petroleum products as a principal use.
Light industrial uses in which the principal activity shall be the manufacture, intermediate processing or assembly of goods for consumer use as follows:
Manufacture, storage or distribution of food products, including beverage blending or bottling, bakery products, fruits and vegetables, but not including the distillation of beverages or slaughtering and meat packing.
Manufacture of textiles, leather goods and clothing.
Publishing, printing or bookbinding.
Manufacture and assembly of furniture and cabinets.
Manufacture or assembly of toys, games, musical instruments, watches or clocks.
Manufacture, assembly or repair of mechanical, optical, photographic, scientific, electrical or electronic instruments.
Compounding of cosmetics and pharmaceuticals.
A light manufacturing use of the same general character as those specifically permitted in this section when authorized as a special use by the Board of Trustees, and upon finding by the Board that such use is a light industrial use as defined in this chapter and would not violate the standards imposed by Article XXXII of this chapter.
Uses clearly accessory and incidental to a permitted use.
Tattoo parlors when authorized as a special use by the Board of Trustees.
[Added 7-6-2015 by L.L. No. 5-2015]
[Added 2-8-1988 by L.L. No. 6-1988]
Adult uses shall be allowable in the Industrial District only as a special use by the Zoning Board of Appeals after public hearing.
Purposes and considerations.
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.
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 Farmingdale.
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.
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 video tapes 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, 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.
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:
Any of the above uses shall not be located within a one-hundred-foot radius of any area zoned for residential use.
Any of the above uses shall not be located within a one-half-mile radius of another such use.
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.
The restrictions enumerated in Subsection C above may be waived by the Village Board of Zoning Appeals if the applicant shows and the Board finds that the following conditions have been met in addition to the general conditions contained in this chapter:
That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this section will be observed;
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
That 51% or more of the property owners within the restricted area as defined in Subsection C(1) of this section have signed a petition stating that they have no objection to the establishment of one of the uses defined above.
No more than one of the adult uses as defined above shall be located on any lot.
No building shall exceed three stories or 36 feet in height.
The building area shall not exceed 40% of the lot area.
Side yards. There shall be two side yards, one on each side of the main building and any accessory building, extending the full depth of the lot. The total of both side yards shall be not less than 25 feet in width, and no side yard shall be less than 10 feet in width.
Rear yards. There shall be a required rear yard of not less than 30 feet in depth.
Front yards. There shall be a required front yard of not less than 10 feet in depth.