[1]
Editor's Note: Former § 193-112,
Applicability, was repealed 2-15-2005 by L.L. No. 3-2005.
[Amended 6-10-1975 by L.L. No. 11-1975; 10-28-1975 by L.L. No. 23-1975; 1-6-1976 by L.L. No. 3-1976; 6-22-1981 by L.L. No. 5-1981; 9-5-1995 by L.L. No. 6-1995; 1-3-2003 by L.L. No. 1-2003; 2-15-2005 by L.L. No. 3-2005]
A.
Uses permitted.
(1)
Uses.
(a)
Offices for executive, sales or administrative
purposes.
(b)
Institutions for scientific research.
(c)
Commercial research laboratories.
(d)
Lumber and building supply yards.
(e)
Warehousing and distributing establishments.
(f)
Automotive sales, repair and service establishments,
such as public garages, automobile sales rooms, gasoline service stations,
battery and tire sales and service establishments, body and fender
shops, car laundries and paint shops; subject to approval by the Board
of Appeals of an application for such use, subject, however, to the
following provisions:
[1]
No repair work shall be performed in the open.
[2]
Pumps, lubricating and other devices shall be
located at least 25 feet from any lot line.
[3]
All gasoline, fuel oil or similar substances
shall be stored in underground tanks located not less than 25 feet
from any lot line.
[4]
No automobile parts, dismantled vehicles, used
tires and similar articles shall be kept or maintained in the open.
[5]
No automobiles or vehicles, except such as are
actually being serviced or awaiting service and those belonging to
persons employed on the property, shall be parked, maintained or stored
in the open on the premises.
(g)
A new and/or used car lot only when the same
is used in conjunction with and immediately adjoining a business and
salesroom.
(h)
Any use consisting of the manufacture, fabrication,
assembling, testing, researching or other handling of products.
(2)
Any and all of the foregoing uses are permitted, subject
to the following provisions:
(a)
No smoke, gas, dust, odor, fumes or any other
atmospheric pollutant, radiation, noise, glare or vibration is disseminated
beyond the building in which such use is conducted.
(b)
Such use does not constitute a fire, explosive,
radiation or other physical hazard.
(c)
No water pollution, or other health hazard results
from the operation of such use.
(d)
The operation of the use shall not interfere
with radio or television reception in the community.
(e)
Such use does not create unusual traffic hazards
or congestion by reason of the types or numbers of vehicles required
in connection therewith or by reason of the manner in which traffic
enters or leaves the site thereof.
(f)
The approval by the Planning Board of a site
plan submitted.
(3)
The foregoing permitted uses shall not be construed
to include a junkyard, a place for indoor or outdoor storage of any
salvage, wastepaper, wood, metal, dismantled automobiles, or any and
all other materials, and any operation for the reclamation, reprocessing
or reworking of any salvage or used material of any description, abattoirs,
acetylene manufacture, ammonia, bleaching-powder or chlorine manufacture,
an arsenal, asphalt manufacture, refining, mixing or treating, boiler
making, brewing or distilling liquors, candle manufacture, celluloid
manufacture, coke ovens, a crematory, creosote treatment or manufacture,
disinfectant manufacture, the distillation of coal or wood, dyestuff
manufacture, extermination and insect-poison manufacture, emery cloth
and sandpaper manufacture, fat rendering, fertilizer manufacture,
glue, size or gelatine manufacture, fireworks or explosives manufacture
or storage, lime, cement or plaster of paris manufacture, match manufacture,
oilcloth or linoleum manufacture, oiled or rubber goods manufacture,
ore reduction, paint, oil, shellac, turpentine or varnish manufacture,
refining and/or storage of any petroleum, gasoline, natural gas or
chemical products or any other flammable material stored in tanks
or any other container, plating works, potash works, printing ink
manufacture, pyroxylin manufacture, rubber manufacture or treatment,
smelters, soap manufacture, soda and compound, stockyards, sulphuric
nitric or hydrochloric acid manufacture, tallow, grease or lard manufacture
or refining, tanning, curing or storage of leather, rawhides or skins,
tar distillation or manufacture, vinegar manufacture, tar roofing
and waterproofing manufacture, yeast plant, junkyards or yards for
the storage of damaged trucks or automobiles, scrap metal or glass,
the production and/or manufacture of dairy products, motels, hotels,
apartments, residential dwellings or any other place of human habitation.
[Added 1-6-1976 by L.L. No. 3-1976; amended 10-30-1979 by L.L. No.
9-1979; 8-7-1985 by L.L. No. 5-1985]
No building or structure shall exceed 24 feet
in height.
[Added 1-6-1976 by L.L. No. 3-1976; amended 8-20-1987 by L.L. No. 12-1987]
Total building area shall not exceed 50% of
the total lot area.
[Added 1-6-1976 by L.L. No. 3-1976]
A.
Accessory buildings may occupy 15% of the required
area of the rear yard up to a height of 14 feet. Accessory buildings
shall be limited to two per lot and shall not exceed an aggregate
of 600 square feet.
[Amended 8-20-1987 by L.L. No. 12-1987]
B.
The yard area allowed for such accessory buildings
shall be included in computing the percentage of lot area to be built
upon.
[Added 8-7-1985 by L.L. No. 5-1985; amended 8-20-1987 by L.L. No. 12-1987]
There shall be one side yard of no less than
a fourteen-foot setback.
[Added 8-20-1987 by L.L. No. 12-1987]
There shall be a front yard, the depth of which
shall be at least 10 feet on all industrial-zoned property.
No building shall occupy a lot or plot having
a frontage of less than 75 feet and a depth of 100 feet, except a
plot having a frontage of not less than 50 feet and being in single,
separate ownership on the effective date hereof. However, a building
may be erected in such plot, provided that all other provisions of
the Building Zone Ordinance of the Village of Lindenhurst are complied
with.
[Added 10-30-1979 by L.L. No. 9-1979]
A.
In an Industrial District, a fence, as defined in
this code and not exceeding six feet in height, may be erected, provided
that, if such fence shall be erected along any road or highway, the
permitted height thereof shall be measured from the existing elevation
of the center line of such highway opposite such fence and provided,
further, that such height so measured shall not exceed two and one-half
(2 1/2) feet at any point within a radius of 15 feet of the corner
formed by any intersecting roads or highways unless otherwise permitted
by the Board of Appeals. The provisions hereof shall also apply to
hedges and other densely growing shrubbery.
B.
The use of barbed or razor wire atop fences in this zone shall be permitted only when authorized as a special permit by the Board of Appeals and provided, further that the additional height of barbed or razor wire shall not exceed by more than two feet the height permitted for fences in Subsection A above or as elsewhere prescribed in this code, and the barbed or razor wire shall not lean outward, away from the property so enclosed.
[Amended 6-16-1992 by L.L. No. 2-1992]
C.
Any fence shall have the smooth or finished side facing
the outside of the property, and all posts, braces or pipes must be
placed on the inside of the fence.
[Added 6-16-1992 by L.L. No. 2-1992]
[Added 6-22-1981 by L.L. No. 5-1981]
A.
There shall be, in the case of any building, accessory
building or extension to any existing building in this zone, a fifteen-foot
setback along the property line at any place where it abuts any residential
zones.
B.
As part of the aforementioned setback, there shall
be constructed along the residentially zoned property a fence and
at least a five-foot-wide shrub buffer.
C.
Prior to the issuance of a building permit, application
must be made to the Planning Board, together with a proposed plot
plan showing the buffer. The fence and shrub buffer shall be constructed
pursuant to specifications set forth by the Planning Board designed
to protect the privacy, safety and aesthetics of the area.
[Amended 6-20-1989 by L.L. No. 5-1989]
[Added 9-28-1987 by L.L. No. 15-1987]
Adult uses shall be allowable in the Industrial
District only as a special exception by the Board of Appeals after
public hearing.
A.
Purposes and considerations.
(1)
In the execution of this chapter, 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 Lindenhurst.
(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.
The adult uses as defined in § 193-1 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 five-hundred-foot radius of any area zoned for residential use.
(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.
C.
The restrictions enumerated in Subsection B above may be waived by the Village Zoning Board of Appeals if the applicant shows and the Board finds that the following conditions have been met in addition to the general conditions contained in Article XV of this chapter.
(1)
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 chapter will be observed.
(2)
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
D.
No more than one of the adult uses as defined above
shall be located on any lot.
E.
By amortization, the right to maintain a legal nonconforming
adult use shall terminate in accordance with the following schedule:
|
Amount of Capital Investment* as of the
Effective Date of This Chapter
|
Date Before Which Use Shall Terminate
|
|---|---|
|
0 to 5,000
|
January 1, 1989
|
|
5,001 to 8,000
|
January 1, 1990
|
|
8,001 to 15,000
|
January 1, 1991
|
|
15,001 to 22,000
|
January 1, 1992
|
|
22,001 or more
|
January 1, 1993
|
|
NOTES: *The term "capital investment," as used
above, is defined to mean the initial outlay by the owner or operator
of the use to establish the business as of the date of the enactment
of this chapter, exclusive of the fair market value of the structure
in which the use is located.
|
