Amityville City Zoning Code
ARTICLE IX
Industrial Districts
§ 183-92 Applicability.
In an Industrial District, the regulations in this article shall apply.
§ 183-93 Prohibited uses.
A.
In an Industrial District, a building may be erected, altered or used, and a lot or premises may be used, for any lawful purpose except the following:
[Amended 1-24-2011 by L.L. No. 1-2011]
Abattoirs |
Acetylene, natural or any type of gas manufacture or storage |
Acid manufacture, all types and kinds, as a principal industry |
Airfield, airport or airpark |
Ammonia, bleaching powder or chlorine manufacture |
Arsenal |
Asphalt manufacture or refining |
Atomic reactor or nuclear power plant |
Automobile wrecking and/or automobile salvage yard |
Bag cleaning |
Blast furnace |
Boiler works |
Brick, tile or terra cotta manufacture |
Burlap manufacture |
Candle manufacture |
Celluloid manufacture |
Cement, lime, gypsum or plaster of paris manufacture |
Chemical works and manufacture |
Coal tar products manufacture |
Coke ovens |
Concrete batching |
Crematory (not connected with cemetery) |
Creosote treatment or manufacture |
Disinfectant manufacture |
Distillation of bones, coal or wood |
Dyestuff manufacture |
Emery cloth and sandpaper manufacture |
Explosives, manufacture or storage |
Exterminator and insect poisons manufacture |
Farmers' market or flea market |
Fat rendering |
Fertilizer manufacture and bone grinding |
Fiberglass product manufacture |
Fireworks or explosive manufacture or storage |
Fish smoking and curing |
Forge plant |
Garbage, offal or dead animals reduction, dumping or incineration |
Gas manufacture (all types) |
Glue, size or gelatine manufacture |
Gunpowder manufacture |
Ink manufacturer |
Incineration or reduction of residential, commercial or medical solid or nonsolid waste, garbage, dead animals, offal or refuse |
Iron, steel, brass or copper foundry |
Junkyards |
Lampblack manufacture |
Match manufacture |
Oilcloth or linoleum manufacture |
Oiled, rubber or leather goods manufacture |
Oil reduction |
Open-air stands |
Ore reduction |
Paint, oil, shellac, turpentine or varnish manufacture |
Paper and pulp manufacture |
Petroleum products, refining or wholesale storage of petroleum |
Manufacture of plastic compounds |
Plating works |
Potash works |
Printing ink manufacture |
Pyroxyline manufacture |
Rock crusher |
Rolling mill |
Rubber or gutta-percha manufacture or treatment |
Salt works |
Salvage yards |
Sand, gravel or cement plants, structures, hoppers, buildings, machines or mechanisms of any nature |
Sauerkraut manufacture |
Sausage manufacture |
Screening, separating, sorting, collecting, storage or transfer of garbage, rubbish, debris or solid waste |
Shoe blacking manufacture |
Smelters |
Soap manufacture |
Soda and compound manufacture |
Stone mill or quarry |
Stockyards |
Storage or baling of scrap paper, iron, bottles, rags or junk |
Stove polish manufacture |
Tallow, grease or lard manufacture or refining from animal fat |
Tanning, curing or storage of leather, rawhides or skins |
Tar distillation or manufacture |
Tobacco (chewing) manufacture or treatment |
Tar roofing or waterproofing manufacture |
Vinegar manufacture |
Wool pulling or scouring |
Yeast plant |
B.
Any other use which shall be noxious or offensive by the emission of odor, dust, fumes, gas, vibration or noise shall be prohibited.
§ 183-94 Residential uses prohibited.
Any and all residential uses are prohibited in the Industrial District.
§ 183-95 Use of internal combustion engine restricted.
In an Industrial District, no internal combustion engine shall be used unless objectionable noise and vibration are eliminated, and it is equipped and supplied with an effective muffler or silencer.
§ 183-95.1 Adult uses.
Adult uses shall be allowable in the Industrial District only.
A.
Purposes and considerations.
(1)
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 Amityville.
(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. ADULT BOOKSTORE ADULT DRIVE-IN THEATER ADULT ENTERTAINMENT CABARET ADULT MOTEL ADULT THEATER MASSAGE ESTABLISHMENTS PEEP SHOWS
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 videotapes 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 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 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.
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 three-hundred-foot radius of any property used for residential purposes or zoned A, BB, B or C Residence, H Historic, PAC Residence or SC Senior Citizen Residence, pursuant to the further terms of this chapter.
(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.
D.
No more than one of the adult uses as defined above shall be located on any lot.
§ 183-95.2 Hookah bars and vape shops.
[Added 3-25-2019 by L.L. No. 2-2019; amended 11-27-2023 by L.L. No. 10-2023]
A.
Any business whose primary or ancillary purpose is to facilitate the smoking of tobacco, vapors, e-liquids or other substances through a hookah or waterpipe, or an electronic cigarette, commonly referred to as "hookah bars" or "vape shops," shall be permitted only in the Industrial District as hereinafter provided. Smoking or sale of marijuana, cannabis substitutes and related products are not a permitted use.
B.
No premises shall be used as a hookah bar or vape shop without all applicable licenses and in strict compliance with applicable governmental regulations.
C.
The location of uses permitted in this section within the Industrial District shall be further restricted as follows:
(1)
None of such uses shall be permitted within a 300-foot radius of any property used for residential purposes.
(2)
None of such uses shall be permitted within a one-half-mile radius of another such use.
(3)
None of such uses shall be permitted within a 500-foot radius of any school, church or other place of religious worship, park, playground or playing field.
§ 183-96 Outside storage of materials.
No outside storage of materials or articles of any nature shall be permitted in the Industrial District unless such storage is approved by the Zoning Board of Appeals as a special exception.
§ 183-97 Drainage, paving, landscaping and seeding.
In the Industrial District, drainage, paving, landscaping and seeding shall be subject to the approval of the Planning Board.
§ 183-98 Lot size.
A.
In the Industrial District, no building shall be erected or altered on a lot having an area less than 12,500 square feet.
B.
Single and separate ownership. A building may be erected on a plot having an area less than 12,500 square feet if such plot was in single and separate ownership on August 4, 1930.
§ 183-99 Lot frontage.
In the Industrial District, each lot shall have a minimum frontage of at least 75 feet.
§ 183-100 Height of buildings or structures.
In the Industrial District, no buildings or structures shall exceed 35 feet in height.
§ 183-101 Front yards.
In the Industrial District, the required front yard depth shall not be less than 20 feet.
§ 183-102 Front yards on double-frontage lots.
In the Industrial District, the required front yard on double-frontage lots shall be provided for on both streets.
§ 183-103 Front yards on corner lots.
[Amended 1-24-2011 by L.L. No. 1-2011]
In the Industrial District, corner lots shall have a front yard of at least 20 feet on each street.
§ 183-104 Rear yards.
In the Industrial District, there shall be a rear yard equal to the height of the building but not less than 25 feet.
§ 183-105 Side yards.
In the Industrial District, there shall be two side yards, one on each side, the aggregate widths of which shall be at least 20 feet. Neither side yard shall be less than five feet wide.
§ 183-106 Percentage of lot coverage.
In the Industrial District, the total building area shall not exceed 40% of the total lot area.