North Hempstead City Zoning Code
ARTICLE XIXA
Modified Planned Industrial Park District
§ 70-184.1 Application of provisions.
The provisions of this Article shall apply to Modified Planned Industrial Park Districts.
§ 70-184.2 Permitted uses.
A building or structure may be erected, altered or used and a lot or premises may be used for any of the following purposes and for no other purpose:
A.
Light industrial establishments in which the principal activity shall be the manufacture, intermediate processing or assembly of goods or similar operations which conform to the performance standards contained in § 70-184.5 of this Article.
B.
Research or design laboratories.
C.
Warehousing and distribution plants, but not including coal, petroleum or petroleum products or flammable materials.
D.
Office buildings.
E.
Banks and other financial institutions.
F.
Terminals or headquarters of any commercial enterprise where the principal business thereof is conducted off the premises and the premises is used solely for the storage of motor vehicles, supplies, equipment or machinery and the maintenance thereof, provided that such motor vehicles, supplies, equipment and machinery shall be directly related to the principal business activity, and further provided that all such storage is conducted within fully enclosed buildings or structures.
G.
Uses clearly incidental or accessory to principal uses permitted in the Modified Planned Industrial Park District and conducted entirely indoors.
§ 70-184.3 Conditional uses.
A building or structure may be erected, altered or used and a lot or premises may be used for any of the purposes set forth in this section only when approved as a conditional use by the Board of Zoning and Appeals:
A.
Commercial public recreational uses which may include, and shall be limited to, tennis, squash, handball, badminton, racquetball and similar courts and ice skating and roller skating rinks. Such 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 Board of Zoning and Appeals 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 and with accepted principles of good building design.
B.
Restaurants.
C.
Accessory outdoor storage of commercial 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.
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:
[Added 9-13-1983 by L.L. No. 6-1983]
(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.
§ 70-184.4 Uses to be conducted indoors.
Unless specifically provided to the contrary, all uses conducted in a Modified Planned Industrial Park District are to be conducted within fully enclosed buildings or structures.
§ 70-184.5 Performance standards.
No land, building or structure 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 Modified 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.
(1)
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.
(a)
Table.
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 |
(b)
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.
(2)
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.
(a)
Table.
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 |
(b)
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.
(3)
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 1-hour period | Plus 5* | |
Noise source operates less than 5% of any 1-hour period | Plus 10* | |
Noise source operates less than 1% of any 1-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 and 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 No. 1-1967) or any other applicable law, ordinance, rule or regulation.
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 No. 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, of the 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 Article. 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 application regulations of the Town of North Hempstead and Nassau County.
§ 70-184.6 Area requirements.
No Modified Planned Industrial Park District shall contain less than 20 gross acres unless it abuts a Planned Industrial Park or Modified Industrial Park District.
§ 70-184.7 Plot area.
No building otherwise permitted under this Article shall occupy a plot of less than 40,000 square feet and entirely zoned Modified Planned Industrial Park.
§ 70-184.8 Height.
A.
No building or structure erected pursuant to this Article shall exceed a maximum height of 50 feet nor, in any event, contain more than three stories excluding the cellar.
B.
Fences shall not exceed seven feet in height.
C.
Retaining walls shall not extend more than 12 inches above the ground which they support. Retaining walls shall be permitted in all front, side and rear yard areas when required to properly stabilize a slope or when otherwise required by the direction of the Building Department.
§ 70-184.9 Lot coverage.
[Amended 12-14-1999 by L.L. No. 14-1999]
Not more than 45% of the plot zoned Modified Planned Industrial Park may be covered by buildings or structures, excluding fences, retaining walls, sidewalks, driveways, parking areas or other paved areas on grade.
§ 70-184.10 Yard requirements.
A.
Front yard. No building or structure shall be constructed pursuant to this article which shall have a front yard depth of less than 20 feet.
B.
Side yards. No building or structure shall be constructed pursuant to this article with less than two side yards, each having a minimum width of 20 feet, except that where such side yard abuts a residential district or an arterial road, the side yard depth shall be not less than 50 feet.
C.
Rear yard. No building or structure shall be constructed pursuant to this article which shall have a rear yard of less than 25 feet, except that where such rear yard abuts a residential district or arterial road, the rear yard depth shall be not less than 50 feet.
D.
No land not zoned Modified Planned Industrial Park shall be considered in determining the adequacy of the yards required by this section.
§ 70-184.11 Off-street parking.
[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]
A.
The provisions of § 70-103 shall apply to a Modified Planned Industrial Park District. No parking facilities shall be located in any part of the required front yard or nearer than 15 feet to the side or rear lot lines of the premises.
B.
A parking structure may be erected on a site within a Modified Planned Industrial Park District, subject to the preceding requirements of this section, and subject to the following conditions:
(1)
Parking structures must be located within the rear yard.
(2)
The height of a parking structure may not be more than one level above grade and must not exceed 20 feet.
[Amended 3-6-2001 by L.L. No. 3-2001[1]]
[1]
Editor's Note: This local law also provided that applications pending prior to March 6, 2001, shall be reviewed in accordance with the Town Code provisions in effect on the date of filing of the application.
(3)
The Town Board shall find, either as part of a site plan review or otherwise after a public hearing subject to the notice requirements of § 70-219I, that the applicant has made a good-faith effort to institute a trip-reduction plan for its employees, and that such trip-reduction either is not feasible or does not solve a parking problem that the parking structure is meant to address. In the preceding sentence, the term "good-faith effort" shall include, but not be limited to, participation by the applicant in a study conducted by Long Island Transportation Management, Inc., or other firm or corporation performing the same or similar function, to examine the feasibility of carpooling, vanpooling, transit use, telecommuting, compressed work schedules, flex time schedules, bicycling and walking (hereinafter "alternative transportation"). The required study shall also survey the applicant's employees to examine the feasibility of a "cash-out" program, which is defined as a plan in which employees would be offered additional compensation in exchange for their agreement to use alternative transportation.
(4)
The applicant agrees to eliminate all parking in its front yard and to restore the front yard to grass or landscaping.
§ 70-184.12 Off-street loading and unloading.
A.
For each main building there shall be provided off-street loading space in accordance with the schedule in this section. 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. |
B.
All loading or unloading areas shall be located within the building or in the side or rear yard, but not within 15 feet of the side or rear lot line of the premises, except that where the side or rear yard abuts a residential district or an arterial road, such areas shall not be located within 25 feet of the side or rear lot line of the premises.
§ 70-184.13 Landscaping.
A.
A landscaped area of at least 15 feet shall be provided around the perimeter and within all premises zoned Modified Planned Industrial Park. Such landscaped areas shall be planted with perennial trees and shrubs to provide effective and substantial screening of the premises from the adjoining premises according to the plan specification requirements applicable to site plan review.
B.
Any area now utilized for landscaping or protection of a slope area pursuant to Chapter 45 of the Code of the Town of North Hempstead shall be maintained in accordance with such chapter and shall be devoted to no other purpose. Any site plan submitted to the Town Board pursuant to § 70-184.15 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.
§ 70-184.14 Utilities.
All wiring, feed lines and 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.
§ 70-184.15 Site plan approval.
Prior to the issuance of a building permit for a building or structure pursuant to this article, a site plan shall be submitted to and approved by the Town Board in accordance with this chapter.
§ 70-184.16 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 the Real Property Law and the County Government Law of Nassau County.
§ 70-184.17 Signs.
The following signs shall be permitted in Modified 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 side, 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 chapter, general sign prohibitions in all districts, and the following additional restrictions shall apply to all uses of land in the Modified Planned Industrial Park District:
(1)
No tower signs, as defined in this chapter, 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 signs shall be erected on any building wall facing an adjoining lot in a residential district.
§ 70-184.18 Maintenance of structures and landscaping.
All buildings, structures, signs, fences and landscaping in Modified Planned Industrial Park Districts shall be maintained in accordance with the provisions of this chapter, 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.