[Amended 4-5-2005]
This district is designed for a wide range of industrial and related activities which can meet a reasonable level of performance standards as set forth in the Subdivision and Land Development Regulations and this article. Enclosure of such activities is not required except in areas or instances as provided in this chapter. No new residences are permitted except as herein specified.
[Amended 8-30-1977; 12-18-1979; 7-7-1981; 3-15-1983; 3-15-1988; 4-8-1997; 7-20-2021;3-14-2023]
In an Industrial 1 District, the following uses shall be permitted:
A. 
Office, including medical office.
[Amended 7-20-2021]
B. 
Manufacturing and warehouse uses, including, but not limited to:
[Amended 8-5-2014]
(1) 
Printing plants.
(2) 
Mini storage warehouses.
(3) 
Supply house or wholesale establishment as defined in § 68-3.
(4) 
Taxidermy.
(5) 
Industrial/business service use involving office support services, including printing, document reproduction and similarly related functions.
(6) 
New York State licensed cannabis manufacturing, cultivation, processing, and distribution pursuant to the regulations set forth in Chapter 8, Article II.
[Added 12-13-2022 by L.L. No. 7-2022]
C. 
The sale and filling of propane exchange tanks.
D. 
[1]Collateral loan broker.
[Added 6-23-2009]
[1]
Editor's Note: Former Subsection D, regarding correspondence and vocational schools, was repealed 3-23-1999.
E. 
Health clubs.
F. 
Redemption center.
G. 
Psychiatric clinic, drug treatment center or similar health related facility, excluding overnight residential treatment facilities.
H. 
Nonprofit fraternity or lodge.
I. 
Church or other similar place of worship, provided that a minimum buffer area of 25 feet in width is provided and maintained adjacent to any residential use or zone and a site plan is submitted to and approved by the Planning Board, or its designee, indicating compliance with all applicable land development standards.
J. 
Historical or memorial monument.
K. 
[2] A single accessory retail use within an industrial building or that shares a common wall with it and sells only goods being manufactured in the principal industrial building. The area devoted to this accessory retail use, including all storage, stocking and business space, shall not exceed 10% of the gross floor area of the industrial building or 2,000 square feet, whichever is less, and separate exterior signage for this use shall be prohibited.
[Added 6-8-2010; amended 2-28-2017]
[2]
Editor's Note: Former Subsection K, Park, playground or recreational building or use, was repealed 4-22-2003.
L. 
Railway right-of-way or passenger station, but not including railway yards or freight stations.
M. 
Veterinarian, provided that all activities take place within the building.
N. 
Agriculture or nursery, including the retail sale of products raised on the premises.
O. 
Park, municipal playground or municipal recreation building or use.
P. 
[3]Community theater with 100 or fewer seats, subject to meeting the public assembly requirements of the Town of Islip and the requirements of New York State Fire Code.
[Added 6-19-2012; amended 8-5-2014]
[3]
Editor's Note: Former Subsection P, regarding outdoor sales and display of holiday plants, as amended, was repealed 8-14-2007. See now § 68-338.1A.
Q. 
Sales of firearms.[4]
[Added 2-28-2017]
[4]
Editor’s Note: Former Subsection Q, Child day-care center, added 4-21-1998, was repealed 8-5-2014.
R. 
[5]Indoor storage and sales of vehicles. Outdoor storage is expressly prohibited for this use.
[Added 6-8-2010]
[5]
Editor's Note: Former Subsection R, Supply house and wholesale establishment, added 4-21-1998, was repealed 5-28-2008.
S. 
[6] Auction house.
[Added 12-17-2019]
[6]
Editor’s Note: Former Subsection S, Public school, added 3-23-1999, was repealed 8-5-2014.
T. 
Public school, private school or parochial school, including child day-care centers, preschool programs, elementary and secondary schools, vocational schools and other non-degree-granting schools, including self-defense, dance, swimming, gymnastics and similar instruction/programs, except those associated with manufacturing or truck driving.
[Added 3-23-1999; amended 8-5-2014]
U. 
Research and development uses involving laboratories for scientific or industrial research, testing and development.
[Added 3-23-1999]
V. 
Animal care center.[7]
[Added 2-28-2017]
[7]
Editor’s Note: Former Subsection V, Printing plants, added 9-12-2000, was repealed 8-5-2014.
W. 
Commercial laundry establishments.
[Added 9-12-2000]
X. 
[8]Restaurant, minor.
[8]
Editor’s Note: Former Subsection X, Mini storage warehouse, added 9-12-2000, was repealed 8-5-2014.
Y. 
Delicatessen, provided the gross floor area does not exceed 2,000 square feet.
[Added 6-8-2010]
[Added 8-14-2007]
Uses permitted with administrative approval of the Town Clerk shall be as follows:
A. 
By permit issued administratively by the Town Clerk, the outdoor sale and/or display of any variety of tree(s), bush(es) and/or plant(s) used as a symbol of expressing a holiday and/or religiously significant season, including, but not limited to, Christmas trees, wreaths and/or other holiday and/or religiously significant plants or decorations, subject to the provisions set forth in § 68-271.1.
[Amended 7-7-1987; 10-6-1992; 4-8-1997; 12-16-1997]
All uses not expressly permitted are prohibited. Nothing herein contained shall be construed to permit the erection, alteration, addition, maintenance or use of any premises of either a business or industrial operation which shall provide outdoor storage, outside service, outside display, outside counter or window service, carhopping service or drive-in or drive-up counter or window service in an Industrial 1 District.
[Amended 12-7-1971; 5-6-1975; 4-5-1977; 8-19-1980; 4-7-1981; 10-4-1982; 12-26-1983; 4-1-1986; 9-16-1986; 2-25-1992; 11-14-1995; 4-8-1997]
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, regarding laundries and dry-cleaning establishments, was repealed 9-12-2000.
B. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B, regarding university or college dormitories, was repealed 7-20-2021.
C. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection C, Assembly and social recreation hall or dance hall, was repealed 4-5-2005.
D. 
(Reserved)[4]
[4]
Editor’s Note: Former Subsection D, regarding bars, taverns and nightclubs, was repealed 10-25-2011.
E. 
(Reserved)[5]
[5]
Editor's Note: Former Subsection E, regarding certain retail stores, was repealed 4-5-2005.
F. 
(Reserved)[6]
[6]
Editor's Note: Former Subsection F, Restaurants, was repealed 9-12-2000.
G. 
(Reserved)
H. 
(Reserved)
I. 
(Reserved)
J. 
(Reserved)
K. 
Off-track betting facility.
[Added 11-14-1995; amended 4-8-1997]
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, regarding minor restaurants, was repealed 7-20-2021.
B. 
Vehicle repair shop, except as otherwise provided herein.
[Amended 9-12-2000]
C. 
Businesses which involve the outdoor or overnight parking of registered vehicles as an accessory use to a permitted principal use, including rental car/truck agencies as a principal use, provided that all vehicles are set back a minimum distance of 50 feet from any street and 200 feet from any residential use or zone and provided that such vehicles are properly screened from view with fencing and/or landscaping pursuant to the direction of the Planning Board. The Planning Board shall determine the maximum number of permitted vehicles on a property. Uses involving the indoor storage and sales of consumer vehicles shall not be considered a part of this definition. Vehicle storage yards, freight facilities, private carting companies, transportation facilities, parcel post companies and similar uses which are characterized by a predominance of outside storage shall not be considered as a part of this definition and shall be permitted only in an Industrial 2 District and/or the Industrial Transition District. A supplemental buffer shall be planted as per the Subdivision and Land Development Regulations when this use is adjacent to a residential use or zone.
[Amended 3-23-1999; 8-14-2007; 6-8-2010; 6-19-2012]
D. 
Private parking garage as an accessory use to a permitted principle use.
E. 
Accommodations for a single security guard not to exceed 500 square feet in gross floor area as an accessory use to a permitted principal use.
F. 
Automobile parking field provided a site plan is submitted to and approved by the Planning Board, or its designee, indicating compliance with all Town standards.
G. 
Convenience market, no more than 3,000 square feet in gross floor area, subject to the lot having a minimum of 20,000 square feet.
[Amended 6-8-2010; 2-28-2017]
H. 
Adult day-care facility.
[Added 3-23-1999]
I. 
Private or parochial college or university excluding dormitories and other college or university residential uses.
[Added 3-23-1999]
J. 
Non-degree-granting schools associated with manufacturing or truck driving.
[Added 3-23-1999; amended 9-15-2020]
K. 
Restaurant.
[Added 9-12-2000]
L. 
Sale, lease, or rental of heavy construction vehicles, emergency vehicles, unattached trailers and related equipment, provided such vehicle or equipment is not located within the front yard, or second front yard, and is set back a minimum of 200 feet from any residential use or zone, and further provided such vehicle or equipment is properly screened from view with fencing and/or landscaping at the direction of the Planning Board. A supplemental buffer shall be planted as per the Subdivision and Land Development Regulations when this use is adjacent to a residential use or zone.
[Added 9-11-2001; amended 1-14-2003; 8-14-2007; 6-8-2010]
M. 
Taxi office, when operating adjacent to a residential use or zone.
[Added 1-14-2003; amended 6-8-2010]
N. 
Indoor recreational use.
[Added 4-22-2003; amended 4-5-2005]
O. 
Ambulette office, including the outside storage of ambulette vans, provided that the following criteria are met:
[Added 4-22-2003; amended 4-5-2005; 8-14-2007; 6-8-2010]
(1) 
Ambulette van(s) shall not exceed 9,000 pounds in unladen weight or exceed 19 feet in length.
(2) 
No ambulette vans are located within any front yard or second front yard unless hidden or screened from view from any adjoining residential zone or use or from any adjacent right-of-way at the direction of the Planning Board.
(3) 
The number of parked ambulette vans and area for their parking are clearly shown on, and limited by, an approved site plan. The Planning Board shall determine the maximum number of permitted ambulette vans on a property. At no time may the number of parked ambulette vans exceed the number permitted by the Planning Board. Ambulette van parking stalls shall not count towards the overall parking calculation for the entire property.
(4) 
All ambulette vans shall have a current registration and inspection from the New York State Department of Motor Vehicles, be licensed by the New York State Department of Transportation and shall be fully operational.
(5) 
Repair, other than routine maintenance, of any ambulette van shall be prohibited unless a special permit is obtained by the Planning Board.
P. 
Outside parking of unattached box trailers, provided that the following criteria are met:
[Added 5-20-2003; amended 6-8-2010]
(1) 
No trailers are located within the front yard or second front yard setbacks. No trailer may be visible from any right-of-way.
(2) 
The trailer parking area is set back a minimum of 200 feet from any residential use. The trailer parking area is set back a minimum of 50 feet from any street.
(3) 
All trailers and trailer parking areas are completely screened from view with fencing, landscaping, and berms at the direction of the Planning Board. A supplemental buffer shall be installed as per the Subdivision and Land Development Regulations when this use is adjacent to a residential use or zone.
(4) 
The number of parked trailers and the area for their parking are clearly shown on, and limited by, an approved site plan. The Planning Board shall determine the maximum number of permitted trailers on a property. At no time may the number of parked trailers exceed 10. Trailer parking stalls shall not count towards the parking calculation of the property. A supplemental buffer shall be planted as per the Subdivision and Land Development Regulations when this use is adjacent to a residential use or zone.
(5) 
The trailer parking area and stall configuration shall be safely designed, pursuant to the satisfaction of the Town Engineer.
(6) 
The use of the parked trailers shall be an active, integral and accessory component of a permitted main use on the same property. The Planning Board shall determine that the use of parked trailers on a property is active, integral and accessory to the main use. Outdoor storage of trailers shall be prohibited.
(7) 
All parked trailers shall have current registration and inspection from the New York State Department of Motor Vehicles. New trailers that are being held as inventory prior to being sold shall not be required to maintain a current registration and inspection; however, they shall be kept in neat, clean condition.
[Amended 8-14-2007]
(8) 
Any violation of the above items or any conditions of the Planning Board shall result in the immediate termination of the special permit pursuant to § 68-36D of the Town Code and the immediate removal of the trailers. Once notified that any trailers are in violation of this ordinance or the Town Code, then every day that they remain on the property shall constitute a separate offense.
Q. 
Assembly and social recreation hall, excluding those uses which qualify as bar/tavern or nightclubs.
[Added 4-5-2005]
R. 
Showrooms, as defined in § 68-3, when operated as accessory to a primary permitted use, which do not fall into the category of shopping center or do not meet the criteria listed in § 68-338K.
[Added 4-5-2005; amended 6-8-2010]
S. 
[2] Outdoor overnight storage of vehicles, boats, recreational vehicles, construction and heavy construction equipment, and related equipment in connection with sale by auction provided that such vehicle, boat or equipment is not located within the front yard, or second front yard. Passenger vehicles shall be set back a minimum of 50 feet from any residential use or zone, and shall be properly screened from view with fencing and/or landscaping at the direction of the Planning Board. All other vehicles, boats or equipment shall be setback a minimum of 100 feet from any residential use or zone, and shall be property screened from view with fencing and/or landscaping at the direction of the Planning Board. A supplemental buffer shall be planted as per the Subdivision and Land Development Regulations when this use is adjacent to a residential use or zone. Such supplemental buffer may be waived at the reasonable discretion of the Planning Board upon a determination that there already exists there is an adequate buffer and plantings.
[Added 12-17-2019]
[2]
Editor's Note: Former Subsection S, regarding spray booths, added 6-12-2007, as amended, was repealed 6-19-2012.
T. 
Museum.
[Added 6-8-2010]
U. 
Car wash (motor vehicle wash) when not located immediately adjacent to any residential use or zone, school, day-care center, camp, park, playground or playing field and the subject lot is no smaller than 30,000 square feet.
[Added 6-8-2010]
V. 
Bar, tavern, or nightclub.
[Added 10-25-2011]
W. 
Smoke/vape shop, provided the use is located at least 500 feet from any residential use or zone, school, park, playground, or house of worship.
[Added 5-14-2024]
X. 
Smoke/vape lounge, provided the use is located at least 500 feet from any residential use or zone, school, park, playground, or house of worship.
[Added 5-14-2024]
Y. 
Outdoor storage of storage pods/containers, registered passenger vehicles, recreational vehicles or marine vessels, including rental moving trucks, as an accessory use to a mini storage warehouse, provided that all vehicles are set back a minimum distance of 50 feet from any street and 200 feet from any residential use or zone and provided that such vehicles are properly screened from view with fencing and/or landscaping pursuant to the direction of the Planning Board. Said storage shall consist of no more than 20% of the overall area of the site and height of vehicles or storage pods/containers shall not exceed 20 feet. Outdoor storage shall not count towards minimum parking requirements. A supplemental buffer shall be planted as per the Subdivision and Land Development Regulations when said outdoor storage is adjacent to a residential use or zone.
[Added 5-14-2024]
[Added 9-12-2000]
A. 
The following uses are permitted after the review and approval of the Planning Board without complying with the notice requirements of § 68-32, subject to compliance with the following criteria:
[Amended 5-15-2018]
(1) 
A parking relaxation of no greater than 20%.
(2) 
A landscaping relaxation of no greater than 20%.
(3) 
Approval will not result in any on- or off-site traffic impacts, as determined by the Planning Board.
(4) 
The use is consistent with the spirit and intent of the Town Code and Comprehensive Plan.
(5) 
The site is not adjacent to any residential use or zone.
B. 
Uses.
(1) 
Outdoor storage of storage pods/containers, registered passenger vehicles, recreational vehicles or marine vessels, including rental moving trucks, as an accessory use to a mini storage warehouse, provided that all vehicles are set back a minimum distance of 50 feet from any street and 200 feet from any residential use or zone and provided that such vehicles are properly screened from view with fencing and/or landscaping pursuant to the direction of the Planning Board. Said storage shall consist of no more than 20% of the overall area of the site and height of vehicles or storage pods/containers shall not exceed 20 feet. Outdoor storage shall not count towards minimum parking requirements. A supplemental buffer shall be planted as per the Subdivision and Land Development Regulations when said outdoor storage is adjacent to a residential use or zone.
[Amended 5-14-2024]
(2) 
Vehicle repair shop.
(3) 
Private parking garage as an accessory use to a permitted principal use.
[Added 5-15-2018]
(4) 
Automobile parking field, provided a site plan is submitted to and approved by the Planning Board, or its designee, indicating compliance with all Town standards and a minimum thirty-foot strip of landscaping along street frontages.
[Added 5-15-2018]
(5) 
Showrooms, as defined in § 68-3, when operated as accessory to a primary permitted use, which do not fall into the category of shopping center or do not meet the criteria listed in § 68-338K.
[Added 5-15-2018]
A. 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection A, regarding brewing or distilling of beverages as a special exception, was repealed 2-28-2017.
B. 
Flour or feed mill.
C. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection C, listing poultry slaughterhouses as a use permitted by special exception, was repealed 9-15-2020.
D. 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D, listing gas manufacture from coal, coke or petroleum, or the storage thereof, as a use permitted by special exception, was repealed 9-15-2020.
E. 
(Reserved)[5]
[5]
Editor's Note: Former Subsection E, listing railway roundhouses or shops as a use permitted by special exception, was repealed 9-15-2020.
F. 
(Reserved)[6]
[6]
Editor's Note: Former Subsection F, listing commercial poultry farms as a use permitted by special exception, was repealed 9-15-2020.
G. 
(Reserved)[7]
[7]
Editor's Note: Former Subsection G, listing sheep or goat farms as a use permitted by special exception, was repealed 9-15-2020.
H. 
(Reserved)[8]
[8]
Editor's Note: Former Subsection H, listing fox, mink, chinchilla, and rabbit farms as a use permitted by special exception, was repealed 9-15-2020.
I. 
[9]Public utility, when no repair or storage facilities are maintained.
[Added 8-5-2014]
[9]
Editor's Note: Former Subsection I, regarding child day-care centers, added 4-8-1997, was repealed 4-21-1998.
[1]
Editor's Note: See also § 68-341.1, Adult uses.
[Added 9-23-1980; 4-8-1997]
Adult uses shall be allowable in an Industrial 1 District pursuant to the following:
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 Town of Islip.
(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. 
Definitions. As used in this ordinance, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
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.
ADULT DRIVE-IN THEATER
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.
ADULT ENTERTAINMENT CABARET
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.
ADULT MOTEL
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.
ADULT THEATER
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.[1]
MASSAGE ESTABLISHMENT
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 shall also exclude uses such as massage therapists or spas. 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.
[Amended 9-15-2020]
MEDICAL MARIJUANA DISPENSARY
A business organized for the purpose of distributing or dispensing cannabis solely for certified medical use. No medical marijuana dispensary shall operate within the Town of Islip unless it has complied with Article 3 of the Cannabis Law, Part 113 to Title 9 NYCRR, and is registered by the New York State Office of Cannabis Management. No portion of a building, structure or premises approved or used as a medical marijuana dispensary shall be used as a marijuana retail store, dispensary, or on-site consumption site for recreational marijuana use pursuant to § 8-11. A medical marijuana dispensary shall submit evidence that all necessary licenses and/or permits have been obtained from New York State and all other applicable agencies to the Town prior to the issuance of a Certificate of Occupancy.
[Added 5-14-2024]
PEEP SHOWS
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.[2]
[1]
Editor’s Note: The former definitions of "cannabinoid hemp" and "cannabinoid hemp shop" which immediately followed, were repealed 5-14-2024.
[2]
Editor’s Note: The former definitions of "Substantial or Significant Portion Cannabinoid Hemp Shop," "Substantial or Significant Portion Vape Shop," "Vape lounge," and "Vape Shop" which immediately followed, were repealed 5-14-2024.
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 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.
[Amended 12-17-2019; 10-19-2021; 5-14-2024]
(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. 
The restrictions enumerated in Subsection C above may be waived by the Town 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 XXXIII of this ordinance:
(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 ordinance 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
(3) 
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.
E. 
No more than one of the adult uses as defined above shall be located on any lot.
F. 
By amortization, the right to maintain a legal nonconforming adult use shall terminate in accordance with the following schedule:[3]
[Amended 12-17-2019; 5-14-2024]
Amount of Capital Investment to Establish Use*
Use Shall Terminate Prior to:
0 to $200,000
1 year from qualifying as adult use herein
$200,001 to $300,000
2 years from qualifying as adult use herein
$300,001 to $500,000
3 years from qualifying as adult use herein
$500,001 to $750,000
4 years from qualifying as adult use herein
$750,001 or more
5 years from qualifying as adult use herein
*
NOTE: 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, exclusive of the fair market value of the structure in which the use is located.
[3]
Editor's Note: Former Subsection G, regarding establishment licensing to sell or consider cannabinoid hemp products, which immediately followed, was repealed 5-14-2024.
A. 
The following uses shall be permitted when located on the same lot as the authorized use:
(1) 
Building for storing products, merchandise or vehicles incidental or accessory to the authorized use.
(2) 
Signs as permitted and regulated under Article XXIX.
(3) 
Other customary accessory uses, structures and buildings, provided that such uses are clearly incidental to the principal use and do not include any activity commonly conducted as a business.
(4) 
Game center.
[Added 8-19-1980]
(5) 
Accommodations for a single security guard not to exceed 500 square feet in gross floor area subject to the issuance of a special permit from the Planning Board after due public hearing.
[Added 4-8-1997]
(6) 
Private parking garage after special permit by the Planning Board.
[Added 4-8-1997]
(7) 
[1]Spray booth when operated as an accessory to a primary permitted use, provided the booth has received a permit from the New York State Department of Environmental Conservation or evidence is submitted demonstrating exemption for said permit.
[Added 5-28-2008; amended 6-19-2012]
[1]
Editor's Note: Former Subsection A(7), which designated the overnight parking of registered vehicles as an accessory use, was repealed 9-11-2001.
(8) 
Industrial accessory wind energy turbines as defined in § 68-3 of this chapter.
[Added 9-29-2009]
(9) 
Loading bay or dock. Such use shall have its distance maximized from a residential use or zone as per the Subdivision and Land Development Regulations.
[Added 6-8-2010]
B. 
Except with regard to construction on property principally used for agriculture, any accessory building shall be located on the same lot with the principal building, and no accessory building shall be constructed on a lot until the construction of the main building has actually been commenced, and no accessory building shall be used unless the main building on the lot is completed and used.
C. 
Whenever a use has been authorized by a special permit pursuant to § 68-340 or by special exception pursuant to § 68-341, no accessory use shall be permitted unless the same shall have been specifically authorized by that Board that authorized the use.
A. 
In an Industrial 1 District, no building or structure shall be erected or altered to a height in excess of 60 feet or four stories. Any portion of the building which is erected in excess of 35 feet shall be set back the height of the building with relation to front yards, rear yards and side yards or the minimum required setback, whichever is greater.
[Amended 7-12-2022; 3-14-2023]
B. 
Accessory structures shall not exceed 18 feet in height.
[Amended 4-5-2005]
C. 
Exceptions. The provision hereof shall not apply to the height of a church or similar place of worship, tower, stack, standpipe, refrigeration or compression coil, monument, chimney, water tank or elevator, or parapets/cornices two feet or less. In the event that such structures are within 1 1/2 miles of an established airport, the approval by the Federal Aviation Agency shall be secured and any and all conditions imposed met.
[Amended 9-11-2001; 5-14-2024]
D. 
Flagpoles shall not exceed 35 feet in height.
[Added 9-11-2001]
[Amended 10-6-1987; 1-14-2003]
A. 
The total building area, including all buildings, shall not exceed a FAR of 0.35 except as otherwise provided herein. An additional FAR of 0.10 is permitted for mezzanines used for storage purposes only, complying with the Codes of New York State. Parking for said mezzanines shall be calculated pursuant to the Subdivision and Land Development Regulations minimum parking standards.
[Amended 12-12-2006; 9-15-2020]
B. 
For mini-storage warehouse, the total building area, including all structures, shall not exceed an FAR of 0.42. A mini-storage warehouse and its associated accessory buildings shall not occupy more than 42% of the lot on which they are situated. The floor area ratio may be increased to a maximum of 1.00, subject to complying with the following criteria:
(1) 
The filing of a deed covenant by the applicant/owner, prior to permit issuance, limiting the use to a mini-storage warehouse.
[Amended 7-20-2021]
(2) 
Twenty-five percent of the lot area is landscaped, with a minimum of 50% located within the front yard.
(3) 
The incorporation of renewable energy that provides for a minimum of 50% of the building's energy demand.
(4) 
Use of "superior architecture," as defined in § 68-3, Word usage and definitions, on the facade for building elevations that are visible from streets.
(5) 
Use of architecture similar to the superior architecture on the facade for building elevations that are not visible from streets.
A. 
The minimum required plot area for any use authorized in this district shall be 20,000 square feet.
B. 
Separate ownership. A permitted building may be erected on or a permitted use may occupy any lot which was separately owned at the time of the passage of this ordinance and which has not come into common ownership with adjoining property and conforms to the area density requirements of the Zoning Ordinance prior to such codification and conforms to all other minimum requirements of this ordinance.
A. 
The minimum width of a lot for any use permitted in this district shall be 100 feet throughout.
B. 
Separate ownership. A permitted building may be erected on or a permitted use may occupy any lot which was separately owned at the time of the passage of this ordinance and which has not come into common ownership with adjoining property and conforms to the width of lot requirements of the Zoning Ordinance prior to such codification and conforms to all other minimum requirements of this ordinance.
A. 
Main buildings. All permitted buildings, including accessory buildings, hereafter erected shall have a required front yard of 50 feet.
[Amended 3-23-1999]
B. 
Corner lots. All main buildings hereafter erected on a corner lot shall also have a front yard facing the side street. This front yard shall be at least 25 feet, unless arterial highway setback is greater. (See Article XXXII.)
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, regarding front yard transition, as amended 1-15-1985, was repealed 3-23-1999.
D. 
Through lots. A minimum front yard setback of 50 feet shall be required from both streets, unless arterial highway setback is greater. (See Article XXXII.)
[Amended 1-15-1985; 3-23-1999; 7-12-2022]
All buildings, including accessory buildings, hereafter erected shall have a side yard along each lot line other than a street or a rear line. Each side yard shall be not less than 10 feet, except if the building exceeds 35 feet in height as detailed in § 68-343A or where 50 feet is required adjoining residential uses or districts.
A. 
Main buildings. All main buildings hereafter erected shall have a rear yard of not less than 25 feet, except if the building exceeds 35 feet in height as detailed in § 68-343A or where 50 feet is required adjoining residential uses or districts.
[Amended 1-15-1985; 7-12-2022]
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, pertaining to rear yard transitions, was repealed 1-15-1985.
C. 
Accessory buildings.
(1) 
Accessory buildings hereafter erected shall have a minimum rear yard of not less than 10 feet, except where a greater depth shall be required to accomplish rear yard transition.
[Amended 5-15-2018]
(2) 
Accessory buildings shall occupy not more than 25% of the rear yard area.
[Amended 8-12-2003; 4-8-2025]
A. 
Exterior site and road improvements shall be installed pursuant to the requirements of Article XXIII.
B. 
The following shall be provided and maintained adjacent to any residential zone or use except as modified or waived by the Planning Board after a public hearing:
(1) 
A landscaped buffer area of at least 35 feet in width in accordance with Town standards.
(2) 
An eight-foot-tall sound attenuation wall or fence subject to the review and approval of the Town Engineer.