North Hempstead City Zoning Code
ARTICLE XIX
Industrial A District
[Amended 4-27-1971]
§ 70-171 Application of provisions; purpose.
This Article shall apply to a planned industrial center, as hereinafter provided, and shall be known as an Industrial A District.
A planned industrial center shall consist of a building or buildings erected, altered or used for light manufacturing and office uses. The purpose of these regulations is to provide the controls through which permitted uses may be established and conducted in keeping with modern practice as to group design and arrangement of buildings, provision of adequate and well-designed facilities for off-street parking, promotion of safe and convenient traffic access and pedestrian circulation and harmony with established neighborhood character.
§ 70-172 Permitted uses.
In the Industrial A District, a building may be erected, altered or used and a lot or premises may be used for the following uses and no other:
Laboratories for scientific and industrial research, testing and development, excluding basic chemical and nuclear research and testing installations.
Office buildings and banking institutions, provided that such banking institutions are located within the structure of an office building and do not occupy more than 25% of the main floor area of such structure.
Warehousing and distributing plant, but not including the outdoor storage of goods or materials.
Light industrial uses in which the principal activity shall be the manufacture, intermediate processing or assembly of goods for consumer use, or the storage or distribution of such goods, as follows:
Storage or distribution of food products, including beverage blending or bottling, bakery products, and manufacture of ice cream and dairy products, but not including distillation of beverages or slaughtering and meat-packing.
Manufacture of textiles and clothing.
Publishing, printing and bookbinding.
Manufacture or assembly of furniture and cabinets.
Manufacture or assembly of toys, games, musical instruments, watches, clocks.
Manufacture, assembly or repair of mechanical, optical, photographic, scientific, electrical or electronic instruments or components.
Compounding of cosmetics and pharmaceuticals.
Municipal or Town use.
Uses clearly accessory and incidental to a permitted use, including but not limited to the following:
Buildings for the storage of materials necessary to a permitted use and architecturally harmonious with the general site development.
Employee cafeteria or employee restaurant within the main building.
Overnight storage of commercial vehicles out-of-doors, subject to the issuance of a special use permit by the Town Board.
Accessory drive-through facilities, subject to the provisions of § 70-203T.
[Added 1-24-2006 by L.L. No. 2-2006; amended 10-3-2006 by L.L. No. 14-2006]
§ 70-172.1 Conditional uses.
[Added 4-28-1987 by L.L. No. 10-1987]
A building may be erected, altered or used and a lot or premises may be used for any of the purposes set forth in the following subsections only when authorized by the Board of Zoning and Appeals pursuant to the provisions of Article XXIV.
Health club.
Restaurant serving the general public.
Child care, nursery school or similar facility, subject to the standards and requirements as set forth in § 70-203.1 of this chapter.[1]
[Added 10-2-2001 by L.L. No. 8-2001]
[1]
Editor's Note: Former Subsection D, regarding accessory drive-through facilities, and § 70-172.2, Additional conditional uses, added 1-24-2006 by L.L. No. 2-2006, which followed this subsection, were repealed 10-3-2006 by L.L. No. 14-2006.
§ 70-173 Prohibited uses.
[Amended 9-13-1983 by L.L. No. 6-1983; 7-9-1991 by L.L. No. 10-1991]
Notwithstanding any other provision of this chapter, the following uses are specifically prohibited in the Industrial A Districts.
Cold storage plant, pasteurizing plant or creamery.
Hospitals or similar institutions, including nursing or convalescent homes.
Retail commercial uses, either principal or accessory.
Commercial recreational uses, including but not limited to theaters of any type or bowling alleys.
Storage of petroleum or other flammable liquids, except where accessory and necessary to a permitted use. Whenever said storage shall be required, it shall be permitted only by conditional permit issued after a public hearing by the Town Board. All storage shall be underground and no individual storage tank shall exceed 10,000 gallons.
Hotel, motel or other similar use where a building or a part thereof is used for the purpose of furnishing meals, lodging and entertainment to travelers and visitors.
Operation of one or more amusement devices as either a principal or accessory use.
Any use which would not be in harmony with the expressed purpose of this Article, or which would exert any adverse effect upon surrounding properties by reason of noise, dust, glare or hours of operation; or which would exert any adverse effect upon the community by reason of traffic generation; air pollution of any kind, including the generation of odors, gases or dust, water pollution or electronic interference. In addition to other requirements, all uses shall be subject to the performance standards set forth in § 70-154 of this chapter.
§ 70-174 Minimum plot area.
The minimum plot area shall be five acres, except that this requirement may be reduced to not less than three acres in connection with plat approval provided as follows:
The land shall be fully subdivided, and lot lines shall be shown on the plat.
The average net plot size for all plots in the subdivision shall not be less than five acres.
The final plat shall carry a notation as to the maximum number of plots allowable, and such plat will be filed with the Nassau County Clerk prior to the issuance of any building permit.
A restrictive covenant to run with the land must be filed with the plat. Such covenant shall stipulate that no resubdivision will take place in such a manner as to increase the number of plots or reduce the size of any individual plot to less than three acres.
§ 70-175 Group development.
[Amended 5-7-1985 by L.L. No. 5-1985]
Not more than one main building may be erected upon each plot, except that a group development complex consisting of more than one main building may be approved by the Planning Board in connection with site plan approval. In such case, the following requirements shall apply and may not be varied:
There shall be an aggregate average plot area equal to not less than five acres for each main building.
Yard area requirements shall apply to the perimeter of the group development complex, except that no main building shall be located within 50 feet of any other main building.
The developer shall deliver to the Town Attorney a covenant in form suitable for recording. Said covenant shall run with the land, and shall specify that the developer and his successors in title shall maintain all interior roads and parking areas, and that each structure in the group development complex shall have an unrestricted and perpetual easement over all of the interior roads and parking areas in the group development complex as may be sufficient to assure vehicular access and adherence to parking requirements.
An existing or previously approved group development may be divided into plots upon approval of 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.
Any plot in a group development complex may be separately owned, conveyed, mortgaged or otherwise encumbered, provided that such plot remains subject to the provisions of Article XIX relating to a group development complex and the site plan approved by the Planning Board for the group development complex.
In the event that a group development complex is divided into plots pursuant to this section, each plot, when developed as part of the approved group development complex plan, shall be deemed to comply with the requirements of Article XIX.
Nothing contained herein shall prohibit the development of separately owned contiguous plots as a group development complex.
Whenever a group development complex is partitioned into plots or separately owned contiguous plots are developed as a group development complex, the owner or owners of each such individual plot shall be responsible for maintaining all interior roads and parking areas located within the group development complex in compliance with the requirements of this Code.
§ 70-176 Maximum coverage.
Not more than 25% of the plot may be covered by structures, including principal and accessory buildings but not including driveways, parking areas or other paved areas on grade.
§ 70-177 Front yard.
Every plot fronting on a major street shall have a minimum setback of not less than 100 feet from all adjoining streets, and no parking or loading area, or accessory building, shall be located therein, except that access driveways and 10 off-street spaces may be so located. All other portions of the setback area shall be landscaped in accordance with a plan approved by the Planning Board and shall thereafter be adequately maintained. In the case of interior roads or courts providing only access to buildings in the district, the minimum setback shall be 50 feet.
In the case of a major street, the Planning Board, in connection with site plan approval, may require the installation of a marginal road where such road is deemed necessary to the maintenance or improvement of the flow of through traffic on the major street. Such marginal road shall have a right-of-way of 40 feet, and shall include therein a thirty-foot paved roadway. In cases where the Board shall require such marginal road, the building setback shall be measured from the right-of-way line of the major street. For the purposes of this ordinance, a major street shall be any state or county highway, or other street so designated on the Town plan.
§ 70-178 Side and rear yards.
Every plot shall have two side yards, each of which shall be not less than 50 feet. In addition, there shall be a rear yard of not less than 50 feet.
§ 70-179 Building height.
No building shall exceed two stories or 30 feet, and no machinery, stair tower or other appurtenance shall exceed this limit, except that the Planning Board, in connection with site and building plan review, may permit such devices to project not more than eight feet above the height limit where architectural screening is provided in such a way as to promote good building design. In any case, air-conditioning machinery shall be located at or below ground level, and shall be screened with landscaping or architectural treatment in harmony with the main building.
The height of buildings located within an Industrial A District shall be measured from the average elevation of the finished adjoining grade within 50 feet of such building.
[Added 5-7-1985 by L.L. No. 5-1985]
§ 70-180 Lot width.
The minimum width of a lot at the required zoning setback line shall not be less than 300 feet, except that in the case of an approved plot of less than five acres the width may be reduced to not less than 250 feet.
§ 70-181 Off-street parking.
Parking shall be provided in accordance with the requirements set forth in § 70-103.
[Amended 3-25-1986 by L.L. No. 3-1986]
Where more than one category of use is contained in a building, the off-street parking requirement shall be the sum of the requirements of the floor area devoted to each use. All floor areas having a potential for human occupancy, including cellars and basements, shall be included in the computation of off-street parking requirements, except that this shall not include utility areas occupied by machinery such as heating and air-conditioning equipment.
If any other section of this ordinance shall be inconsistent with the requirements herein specified, the section which imposes the greater requirement shall apply.
Notwithstanding other provisions of this ordinance, the height of a building may be increased by not more than one additional story or 12 feet where the sole purpose of such increase is to provide for off-street parking in the building, provided that:
§ 70-182 Off-street loading.
For each main building there shall be provided off-street loading space in accordance with the schedule of this section. Such space or spaces may be located at the side or rear of the lot or within the building. Each such space shall be not less than 10 feet in width nor less than 35 feet in length and shall have a clear headroom of not less than 14 feet.
Floor Area (square feet) | Loading Spaces Required* |
|---|---|
5,000 to 10,000 | 1 |
10,000 to 20,000 | 2 |
20,000 to 40,000 | 3 |
40,000 to 60,000 | 4 |
Each 50,000 over 60,000 | 1 additional |
* NOTE: In the case of office buildings, not more than two spaces shall be required in any case. |
§ 70-183 Waiver of parking lot improvements.
When an applicant for a permit for a building or use shall find that the amount of off-street parking required by this Article exceeds the actual demand generation of the use or building proposed, he may petition the Planning Board for a waiver of improvement at the time of application for site plan review. The Planning Board shall not waive the requirements established by this Article, but may waive the improvement of that amount of parking area which is in excess of the demand of the proposed use or building upon finding that the amount of area to be improved is fully adequate to serve the proposed use, or that no hazard or traffic congestion will result. The approved site plan shall show both the reduced area to be improved and the total requirement established by this Article. The applicant shall submit a properly executed instrument in a form acceptable to the Town Attorney suitable for recording, specifying that all required spaces shown on the approved site plan shall be improved upon subsequent finding by the Building Official that such improvement is needed as a result of increased demand or change of use.
§ 70-184 (Reserved) [1]
[1]
Editor's Note: Former § 70-184, Site plan review, was repealed 2-27-1973.
