[Added 8-29-1967; amended 4-15-1969]
The provisions of this article shall apply to
Planned Industrial Park Districts.
[Amended 1-30-1973; 12-16-1980 by L.L. No.
17-1980; 2-28-1995 by L.L. No. 1-1995; 5-3-2011 by L.L. No. 8-2011]
A building may be erected, altered or used and
a lot or premises may be used for any of the purposes set forth in
this article and for no other purpose. All of the following operations
and activities shall be carried on within fully enclosed structures,
and there shall be no outdoor storage of materials or equipment except
where specifically authorized.
A.
The following uses are permitted in Planned Industrial
Park Districts:
(1)
Light industrial establishments in which the principal activity shall be the manufacture, intermediate processing, assembly of goods or similar operations which conform to the performance standards contained in § 70-154 of this article.
(2)
Research and design laboratories.
(3)
Warehousing and distribution plants, but not including
coal, petroleum or petroleum products.
(4)
Office buildings.
B.
All other requirements of the Planned Industrial Park
District shall apply.
[Amended 1-30-1973; 3-6-1973; 9-13-1983 by L.L. No. 6-1983; 9-9-2008 by L.L. No.
8-2008]
The following special uses may be permitted only when authorized by the Town Board after public hearing thereon. Prior to authorizing the issuance of a permit for any such special uses, the Town Board shall follow the procedures and make appropriate findings, as set forth in § 70-225B of this chapter.
A.
Gasoline service stations as necessary to serve the
needs of the employees of a Planned Industrial Park District, provided
that such stations do not adjoin any residence district.
B.
Commercial public recreation uses, which may include and shall be limited to tennis courts, ice-skating and roller-skating rinks, squash, handball and badminton courts. Such recreation uses may be conducted out of doors or in a fully enclosed building. In addition to making findings required pursuant to the appropriate sections of Article XXIV, the Town Board shall find that the architectural style and structural type of any proposed building will be in harmony with the existing character of development in the district or with accepted principles of good building design in Planned Industrial Parks.
D.
The operation of not more than two amusement devices
in conjunction with a lawfully established business. No amusement
device shall be operated as authorized herein except on the following
conditions:
(1)
No amusement device shall be located outside of a
building.
(2)
No amusement device shall be located in any premises
within 500 feet of any public, private or parochial school. For the
purposes of this section only, the term "public, private or parochial
school" shall not include schools whose students are primarily over
the age of 18 years or are high school graduates.
(3)
An amusement device may be operated only between the
hours of 9:00 a.m. and 9:00 p.m. This limitation shall not apply to
amusement devices located in bars, inns, diners, taverns and bowling
alleys.
E.
Parking structures, subject to the requirements contained in § 70-161.
[Added 5-3-2011 by L.L. No. 8-2011]
F.
Accessory
outdoor storage of new vehicles, machinery or supplies in areas specifically
designed and screened so that no such vehicles, machinery or supplies
are visible from ground level. No part of the accessory outdoor storage
area shall be located closer than 120 feet to the front property line.
Said storage area shall not occupy more than 15% of the plot area
and may not be located in any area of the plot required for accessory
parking, landscaping or off-street loading or unloading.
[Added 5-3-2011 by L.L. No. 8-2011]
[Added 1-30-1973]
A.
Employee restaurants and employee cafeterias, provided
that such uses shall be located within the main building of the use
served.
B.
[1]Uses clearly accessory and incidental to principal uses
permitted in the Planned Industrial Park District, except that accessory
buildings or outdoor storage of materials or equipment shall not be
permitted.
C.
[2]For all uses authorized under § 70-151C:
[Added 9-9-2008 by L.L. No. 8-2008;
amended 5-13-2014 by L.L. No. 8-2014]
[Added 1-30-1973]
All uses prohibited in Industrial A Districts
and Industrial B Districts are prohibited in Planned Industrial Park
Districts, except as may be specifically allowed in the regulations
of this Article.
No land or building may be used or occupied
in any manner so as to create dangerous, injurious, noxious or otherwise
objectionable fire, explosive, radioactive or other hazardous condition;
noise or vibration; smoke, dust, odor or other form of air pollution:
electrical or other disturbances; glare or heat; liquid or solid refuse
or wastes; conditions conducive to the breeding of rodents or insects;
or other dangerous or objectionable elements in an amount or manner
as to adversely affect the surrounding area. Any use of land permitted
under this Article may be undertaken and maintained if it conforms
to all district regulations including the regulations of this section
referred to herein as performance standards. All uses of land in a
Planned Industrial Park District shall operate in conformance with
the limitations set forth in each subsection below:
A.
Vibration. No vibration shall be produced which is
transmitted through the ground and is discernible without the aid
of instruments at or at any point beyond the lot line; nor shall any
vibration produced exceed 0.002g peak measured at or beyond the lot
line using either seismic or electronic vibration measuring equipment.
B.
Noise. All noise shall be muffled so as not to be
objectionable due to intermittence, beat frequency or shrillness.
In no event shall the sound-pressure level of noise radiated continuously
from a facility at nighttime exceed at the lot line the values given
in Table I (set out hereafter) in any octave band of frequency. However,
where the lot line adjoins or lies within 25 feet of the boundary
of a residence district, the sound-pressure levels of noise radiated
at nighttime shall not exceed at the lot line the values given in
Table II (set out hereafter) in any octave band of frequency. The
sound-pressure level shall be measured with a sound level meter and
an octave band analyzer that conform to specifications published by
the American Standards Association.
|
TABLE I
| ||
|---|---|---|
|
Maximum Permissible Sound-Pressure Levels
at the Lot Line for Noise Radiated Continuously From a Facility Between
the Hours of 9:00 p.m. and 7:00 a.m.
| ||
|
Frequency Band
(cycles per second)
|
Sound Pressure Level
(decibels re 0.0002 dyne/cm2)
| |
|
20-75
|
69
| |
|
75-150
|
60
| |
|
150-300
|
56
| |
|
300-600
|
51
| |
|
600-1,200
|
42
| |
|
1,200-2,400
|
40
| |
|
2,400-4,800
|
38
| |
|
4,800-10,000
|
35
| |
|
If the noise is not smooth and continuous and
is not radiated between the hours of 9:00 p.m. and 7:00 a.m., one
or more of the corrections in Table III shall be added to or subtracted
from each of the decibel levels given in Table I.
|
|
TABLE II
| ||
|---|---|---|
|
Maximum Permissible Sound-Pressure Levels
at a Lot Line for Noise Radiated Continuously From a Facility Between
the Hours of 9:00 p.m. and 7:00 a.m., Where the Lot Line Adjoins or
Lies Within Twenty-five Feet of the Boundary of a Residence District.
| ||
|
Frequency Band
(cycles per second)
|
Sound Pressure Level
(decibels re 0.0002 dyne/cm2)
| |
|
20-75
|
65
| |
|
75-150
|
50
| |
|
150-300
|
43
| |
|
300-600
|
38
| |
|
600-1,200
|
33
| |
|
1,200-2,400
|
30
| |
|
2,400-4,800
|
28
| |
|
4,800-10,000
|
26
| |
|
If the noise is not smooth and continuous and
is not radiated between the hours of 9:00 p.m. and 7:00 a.m., one
or more of the corrections in Table III which follows shall be added
to or subtracted from each of the decibel levels given in Table II.
|
|
TABLE III
| ||
|---|---|---|
|
Type of Operation in Character of Noise
|
Correction in Decibels
| |
|
Daytime operation only
|
plus 5
| |
|
Noise source operates less than 20% of any one-hour
period
|
plus 5*
| |
|
Noise source operates less than 5% of any one-hour
period
|
plus 10*
| |
|
Noise source operates less than 1% of any one-hour
period
|
plus 15*
| |
|
Noise of impulsive character (hammering, etc.)
|
minus 5
| |
|
Noise of periodic character (hum, screech, etc.)
|
minus 5
| |
|
*NOTE: Apply one of these corrections only.
|
C.
Air pollution, smoke, dust, fumes, particulate matter,
threshold values. There shall not be discharged into the atmosphere
from any source of emission whatsoever any air contaminant, combustion
contaminant or particulate matter (excluding condensed steam) in violation
of the standards and limitations set forth in the Air Pollution Control
Law of the County of Nassau (Local Law 1-1967).
D.
Odors, There shall not be discharged or permitted
to escape into the atmosphere, odors which shall be offensive to the
public or which endanger public comfort, repose, health or safety
and the standards and limitations set forth in the Air Pollution Control
Law of the County of Nassau (Local Law 1-1967) shall apply.
E.
Electromagnetic radiation.
(1)
It shall be unlawful to operate any equipment which
as a source of electromagnetic radiation does not comply with the
pertinent current rules and regulations of the Federal Communications
Commission, or any pertinent laws or ordinances of the State of New
York and the County of Nassau, State of New York.
(2)
If, in the opinion of the Building Official of the
Town of North Hempstead, any equipment is believed to be a potential
hazard or nuisance due to electromagnetic radiation, then such equipment
shall not be operated without his approval, unless certification is
presented to the Town Attorney indicating that no hazard or nuisance
does, in effect, exist as a result of the operation of said equipment.
(3)
All certifications regarding radiation shall indicate
the measurements and the interpretation of the field strengths. Certifications
shall be made by a professional engineer skilled in this field. The
Town shall require such engineer to furnish proof of his qualifications.
F.
Fire and explosion. All activities and all storage
of flammable and explosive materials at any point shall be provided
with adequate safety and fire-fighting devices in accordance with
the Fire Prevention Code of the Town of North Hempstead[1] and the Nassau County Fire Marshal's office.
G.
Radioactive materials. The handling of radioactive
materials, the discharge of such materials into air and water, and
the disposal of radioactive wastes shall be in conformance with the
regulations of the Atomic Energy Commission as set forth in Title
10, Chapter One, Part 20, Standards for Protection Against Radiation,
as amended, and all applicable regulations of the Town of North Hempstead.
H.
Glare and heat. No direct or sky-reflected glare,
whether from floodlights or from high temperature processes such as
combustion or welding or otherwise, so as to be visible at the lot
line, shall be permitted. These regulations shall not apply to signs
or floodlighting of parking areas otherwise permitted by this ordinance.
There shall be no emission or transmission of heat or heated air so
as to be discernible at the lot line.
I.
Nonradioactive liquid or solid wastes. There shall
be no discharge at any point into any public or private sewage disposal
system or stream or into the ground of any liquid or solid materials
except in accordance with the applicable regulations of the Town of
North Hempstead and Nassau County.
No Planned Industrial Park District shall contain
less than 20 gross acres unless it abuts a contiguous Planned Industrial
Park District.
[Amended 1-30-1973]
No building under this article other than a
gasoline service station or a bank shall occupy a plot of less than
three acres in area or contain less than 130,680 square feet. Such
plots shall have a minimum width of at least 300 feet at the front
yard setback line.
A.
No gasoline service station permitted pursuant to
this article shall occupy a plot of less than 40,000 square feet.
B.
The required minimum street frontage shall he 150
feet on one street.
C.
The required minimum front yard shall be 50 feet,
except that gasoline pumps and service islands shall have a minimum
setback of 25 feet.
D.
The required minimum side yard shall be 25 feet.
E.
The required minimum rear yard shall be 50 feet.
F.
There shall be not more than two curb cuts on any
street. Such curb cuts shall be a minimum of 25 feet and a maximum
width of 35 feet, and shall be no less than 50 feet apart. No curb
cut shall be located within 15 feet of a property line or within 25
feet of a street intersection.
G.
A minimum of three parking spaces shall be required,
notwithstanding other parking requirements of this article.
[Amended 9-9-2008 by L.L. No. 8-2008]
A.
No building or structure erected pursuant to this article shall exceed a maximum height of 50 feet and shall, in no event, contain more than two stories, excluding the cellar except as provided in § 70-158B.
B.
For all uses authorized under § 70-151C, no building shall exceed a total of four stories, excluding the basement, with a maximum height of 60 feet to the roof. Minor structural and/or architectural elements may extend a maximum of four feet above the allowable roof height, provided they comprise no more than 5% of the total roof area.
[Amended 5-13-2014 by L.L. No. 8-2014]
[Amended 12-14-1999 by L.L. No. 14-1999]
No building shall be erected, altered or used
pursuant to this article where the lot coverage exceeds 35% of the
plot area.
A.
Front yard. No building or structure shall be constructed
pursuant to this Article which shall have a front yard depth of less
than 75 feet.
B.
Side yards. No building or structure shall be erected
pursuant to this Article with less than two side yards, each having
a minimum width of 50 feet between the respective side of the building
and the side property line of the plot, except where such side yard
abuts a residential district, in which case such side yard depth shall
not be less than 100 feet.
C.
Rear yard. No building or structure shall be erected
pursuant to this Article which shall have a rear yard of less than
75 feet, except where such rear yard abuts a residential district,
in which case the rear yard depth shall be not less than 100 feet.
[Amended 3-25-1986 by L.L. No. 3-1986; 2-15-2000 by L.L. No. 1-2000; 4-18-2000 by L.L. No. 4-2000; 3-6-2001 by L.L. No. 3-2001; 5-3-2011 by L.L. No.
8-2011]
A.
The parking requirements and standards set forth in § 70-103 shall apply to all buildings or structures erected or altered in Planned Industrial Park Districts except as noted herein.
B.
Except for uses authorized under § 70-151C, no parking facilities shall be located within 15 feet of the front property line or nearer than 15 feet to the side or rear lot lines of the premises or in any part of the required side yard that abuts the building or structure on the premises.
[Amended 5-13-2014 by L.L. No. 8-2014]
(1)
For uses authorized under § 70-151C, no parking facilities shall be located within 10 feet of the front property line, or nearer than 10 feet to the side or rear lot lines of the premises or in any part of the required side yard that abuts the building or structure on the premises.
(2)
There
shall be provided a vegetated buffer of at least 10 feet in depth
to effectively screen any parking area in a front yard.
C.
A parking
structure may be erected on a site within a Planned Industrial Park
District, subject to the preceding requirements of this section, and
subject to the following conditions:
(1)
Parking structures may not be located nearer than
15 feet to any property line.
(2)
For
properties abutting a village or residential district, approval for
a parking structure in a front yard must be accompanied by a restrictive
covenant prohibiting further encroachment into any abutting embankment
or steep slope (greater than 15%).
(3)
The height of a parking structure may not be more
than one level above grade and must not exceed 20 feet.
[Amended 1-27-2009 by L.L. No. 1-2009]
The off-street loading and unloading facilities applicable to all uses within Planned Industrial Park Districts, other than those authorized under § 70-150A(1) and (3), shall be the same as those provided for in § 70-103F of this chapter. Those uses authorized under § 70-150A(1) and (3) shall conform to the requirements of § 70-182. All loading or unloading areas shall be located on the side or rear yard and shall not be located within 15 feet of the side or rear lot line of the subject premises, except where such rear yard abuts a residential district, in which case such loading or unloading areas shall not be located within 50 feet of the rear lot line of the subject premises.
A.
The front yard of all buildings or structures erected
in a Planned Industrial Park District shall be landscaped, together
with a landscaped area of at least 15 feet in depth along the entire
side and rear yard of the subject premises, except where such side
or rear yard abuts a residential district, in which case, such side
or rear yard areas shall be landscaped to a width of at least 25 feet.
Such landscaped areas shall be planted with perennial trees and shrubs
to substantially screen the Planned Industrial Park District from
the adjoining residential district according to the plan specification
requirements for planting under § 70-219F(13).
[Amended 4-28-1987 by L.L. No. 10-1987]
B.
Any area now utilized for landscaping or protection
of a slope area pursuant to the Sand Excavation Ordinance of the Town
of North Hempstead[1] shall be maintained in accordance with such ordinance and devoted to no other purpose. Any site plan submitted to the Town Board pursuant to § 70-165 of this ordinance shall set forth such area and the Town Board may require a bond, in such amount as the Town Board may determine, and/or a restrictive covenant from the owner of such property guaranteeing maintenance of such area.
All wiring, feed lines, energy sources and all
equipment accessory to all utilities shall be placed underground.
The Town Board may waive this requirement at the request of the applicant
in cases where the Board shall determine that installation or installation
services will result in difficulty or hardship. In making such decision,
the Town Board will consider unusual topography or other natural conditions.
[Added 4-28-1987 by L.L. No. 10-1987]
The requirements of § 70-219 shall apply with regard to site plan approval.
[1]
Editor's Note: Former § 70-165,
Site plan approval, as amended, was repealed 5-22-1979 by L.L. No.
7-1979.
Prior to the issuance of a building permit for
a building or structure pursuant to this Article, a preliminary subdivision
plat of the entire development and a final plat for the section under
consideration shall be submitted to and approved by the Nassau County
Planning Commission under the regulations for the subdivision of land
pursuant to § 334-a of the Real Property Law and Section
1610 of the County Government Law of Nassau County.
The following signs shall be permitted in Planned
Industrial Park Districts:
A.
Wall signs are permitted, provided that:
(1)
There is only one sign for each wall where such sign
is permitted.
(2)
The sign on a building wall shall not exceed two square
feet per linear foot of wall and in no case a total of 50 square feet.
(3)
The sign does not extend beyond the sides, roof or
any other element of the wall on which it is affixed.
(4)
The sign is not higher than the distance between the
head of the windows of one story and the lower sill course of the
windows of the next story or the top of the parapet wall if a one-story
building.
B.
Detached or ground signs advertising only the business
conducted in the premises upon which the sign is located are permitted,
provided that:
C.
Section 70-197 of this ordinance, general sign prohibitions in all districts and the following additional restrictions shall apply to all uses of land in the Planned Industrial Park District:
(1)
No tower signs, as defined in this ordinance, are
permitted.
(2)
No exposed neon signs, no flashing, moving, intermittently
illuminated signs, reflection signs or signs painted in luminous materials
that glow in the dark are permitted.
(3)
No outdoor storage of goods in connection with any
signs or advertising devices, or for any other reason, shall be permitted.
(4)
No signs shall be erected on any building wall facing
an adjoining lot in a residential district.
All buildings, structures, signs, fences and
landscaping in Planned Industrial Park Districts shall be maintained
in accordance with the provisions of the Building Zone Ordinance,
the approved site plan, and all other applicable codes and ordinances
of the Town of North Hempstead, and violations thereof may be prosecuted
and enforced in the same manner as provided therein.
[1]
Editor's Note: Former § 70-169,
Occupancy, was repealed 12-16-1980 by L.L. No. 17-1980.
[Amended 12-17-1985 by L.L. No. 13-1985]
For the purpose of this Article, the terms used
herein are defined as follows:
See definition as contained in § 70-231, Definitions.
See definition as contained in § 70-231, Definitions.
