North Hempstead City Zoning Code
ARTICLE XVIII
Planned Industrial Park District
§ 70-149 Application of provisions.
The provisions of this article shall apply to Planned Industrial Park Districts.
§ 70-150 Permitted uses.
[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.
§ 70-151 Special uses.
[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]
§ 70-152 Accessory uses.
[Added 1-30-1973; amended 10-2-2001 by L.L. No. 8-2001; 9-9-2008 by L.L. No. 8-2008; 5-13-2014 by L.L. No. 8-2014; 3-22-2016 by L.L. No. 2-2016; 11-12-2024 by L.L. No. 10-2024]
A.
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.
B.
For all uses authorized under § 70-150:
(1)
Employee restaurants and employee cafeterias, provided that such uses shall be located within the main building of the use served.
(2)
Accessory retail use, provided the retail goods are manufactured, processed, assembled, or warehoused on the premises, in accordance with the following:
(a)
The area devoted to the retail use, including the sales area, shall not exceed 10% of the gross floor area of the particular tenant space or 1,000 square feet, whichever is less. In no case shall a building have more than 1,000 square feet of accessory retail in total.
(b)
No food preparation is permitted. All food must be prepackaged for off-site consumption only; no warming, heating, or cooking except coffee, tea, or cocoa.
(c)
Branded merchandise or associated goods incidental to the retail goods being sold shall be permitted.
(d)
Hours are limited to the operating hours of the primary use.
C.
For all uses authorized under § 70-151B, retail and retail food use accessory and incidental to the primary use may be provided, in accordance with the following:
(2)
The area devoted to the retail use and retail food use, including the sales area, shall not exceed 10% of the gross floor area of the particular tenant space or 1,000 square feet, whichever is less. In no case shall a building have more than 1,000 square feet of accessory retail in total.
(3)
Hours are limited to the operating hours of the primary use.
§ 70-153 Prohibited uses.
[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.
§ 70-154 Performance standards.
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.
§ 70-155 Area requirements.
No Planned Industrial Park District shall contain less than 20 gross acres unless it abuts a contiguous Planned Industrial Park District.
§ 70-156 Plot area
[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.
§ 70-157 Gasoline service station requirements.
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.
§ 70-158 Height.
[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]
§ 70-159 Lot coverage.
[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.
§ 70-160 Yards.
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.
§ 70-161 Parking requirements and standards.
[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.
§ 70-162 Off-street loading and unloading facilities.
[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.
§ 70-163 Landscaping.
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.
§ 70-164 Utilities.
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.
§ 70-165 Site plan approval. [1]
§ 70-166 Subdivision of land.
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.
§ 70-167 Signs.
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.
§ 70-168 Maintenance.
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.
§ 70-169 (Reserved). [1]
[1]
Editor's Note: Former § 70-169, Occupancy, was repealed 12-16-1980 by L.L. No. 17-1980.
§ 70-170 Definitions.
[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.