§ 85-569. Special permit criteria., Article XXII. Industrial Districts, Chapter 85. Zoning, Land Use Legislation, Code of Ordinances, Brookhaven

Adult uses, including adult entertainment establishments, adult bookstores, adult motels, adult theaters, massage establishments, and peep shows.

(1)

The above uses are prohibited within a five-hundred-foot radius of any area zoned for residential use.

(2)

The above uses are prohibited within a one-mile radius of another such use.

(3)

The above uses are prohibited within 1,000 feet of the lot line of any premises used for a school, church or other place of religious worship, park, playground, or playing field, library, hospital or similar public or semi-public place of general congregation, or non-degree-granting instruction/programs, including self-defense, dance, swimming, gymnastics, and other sports.

(4)

No more than one adult use shall be located on any lot.

Anaerobic digester facility.

(1)

There shall be no anaerobic digester facility within an historic district or historic district transition area.

(2)

There shall be no anaerobic digester facility within 150 feet of freshwater or tidal wetlands.

Commercial bus storage facility.

(1)

Loading bay doors shall be screened from visibility from adjoining residentially zoned or residentially developed properties and from public streets to the satisfaction of the Commissioner of Planning, Environment and Land Management.

(2)

The minimum required vegetated perimeter buffer shall be 50 feet adjacent to any residential use or zone and along all street frontages.

(3)

In addition, storage of vehicles shall be screened from the street by means of a berm, fence, and/or landscaping as deemed appropriate by the Planning Board.

(4)

Idling of vehicles shall be limited to five minutes.

Electric generating facilities.

(1)

The maximum permitted stack height shall be 125 feet.

(2)

The minimum required stack setback shall be 150% of the height of the stack from any lot line.

(3)

The minimum required percentage of lot to remain natural and undisturbed shall be 30%.

(4)

The minimum required vegetated perimeter buffer shall be 500 feet along all lot boundaries that abut residentially zoned property.

(5)

Except as otherwise provided in Subsection D(1), the maximum permitted structure height shall be 50 feet.

(6)

Electric generating facilities shall demonstrate compliance with the exterior lighting standards in § 85-862 through 85-873.

Fueling station as an accessory use to a trucking terminal, commercial bus storage facility or warehouse.

(1)

Fueling station shall be for private use only by vehicles owned and operated by the principal use.

(2)

Fueling station shall be located on the same lot as the principal use and prohibited within 500 feet from any lot line bounding a residential zone or use, or an area of public assembly.

(3)

All activities associated with the fueling, traffic circulation, queuing, and parking of vehicles shall take place on site.

Heavy construction vehicles and equipment dealership.

(1)

All storage and display shall be located within the rear yard and shall be set back a minimum distance of 100 feet from any roadway.

(2)

All outdoor storage shall be screened from view with fencing and/or landscaping in accordance with a site plan, which shall be subject to the review and approval of the Planning Board.

Mini-storage facility.

(1)

Storage shall be limited to dead storage only. The storage of explosives, flammable, toxic or otherwise hazardous chemicals and/or other materials shall be prohibited.

(2)

Architectural elevations shall be submitted for review and approval to the Commissioner of Planning, Environment and Land Management. Exterior signage and building siding material shall be of flat finishes only; bright, vivid and/or reflective colors shall be prohibited. Walls exceeding one story in height, which are visible from off site, shall be architecturally enhanced with pilasters, corbelled cornices, or similar ornamentation to the satisfaction of the Commissioner of Planning, Environment and Land Management.

(3)

Storage unit doors shall be screened from visibility from adjoining residentially zoned or residentially developed properties and from public streets to the satisfaction of the Commissioner of Planning, Environment and Land Management.

(4)

A minimum natural or landscaped area of 50 feet shall be maintained adjacent to all road frontages.

(5)

All paved areas, including parking and parking aisle areas, shall be screened from view with landscaping or natural areas and/or decorative fencing to the satisfaction of the Commissioner of Planning, Environment and Land Management.

(6)

Decorative walls or fencing shall be provided along all setback lines; decorative opaque walls and/or fencing shall be provided along all site property lines which are contiguous with residentially developed and/or zoned properties; other types of fencing may be permitted elsewhere on site subject to Planning Board review and approval.

(7)

Parking stalls and loading areas adjacent to storage buildings may encroach on interior roadway 30 feet or wider, exclusive of required parking stalls, for office(s) or living quarters.

Motor vehicle repair.

(1)

All repair work shall take place within the building. All repair work, excluding emergency service, shall be conducted only between the hours of 7:00 a.m. and 9:00 p.m.

(2)

An area of sufficient size, as determined by the Board, shall be required for the outdoor, overnight parking of registered vehicles with the issuance of a special permit, subject to criteria specified herein. Said area shall be in addition to any depot required by Chapter 66, Towing Businesses.

(3)

Overhead doors shall not face the street or any residentially zoned or used property.

Non-degree-granting instruction/programs, indoor recreation and outdoor recreation.

[Amended 2-14-2019 by L.L. No. 4-2019, effective 2-25-2019]

(1)

The above uses are prohibited within 1,000 feet of the lot line of any adult use.

Outdoor or overnight parking as an accessory use to a permitted principal use.

(1)

Outdoor or overnight parking of registered vehicles shall be set back a minimum distance of 50 feet from any roadway.

(2)

All outdoor or overnight parking of registered vehicles shall be screened from view with fencing and landscaping in accordance with a site plan, which shall be subject to the review and approval of the Planning Board.

(3)

There shall be no outdoor or overnight parking of registered vehicles within the primary or secondary front yard.

Outdoor storage.

(1)

The minimum lot size shall be 80,000 square feet, except within a designated hydrogeologic sensitive zone, where it shall be 120,000 square feet.

(2)

Outdoor storage shall be limited to a specific list of materials, items or equipment to be stored, as determined by the Planning Board.

(3)

A minimum one-hundred-foot buffer shall be provided to all adjacent residentially zoned or use properties.

(4)

A minimum twenty-five-foot buffer shall be provided to any adjoining industrially zoned or use properties.

(5)

The combined total area of the principal buildings or structures, impervious areas, and the outdoor storage areas shall not exceed 65% of the lot area.

(6)

Maximum permitted height of outdoor storage shall be 15 feet. Posts with permitted storage height marked thereon shall be installed within the outdoor storage areas.

(7)

Outdoor storage of compost, manure, sand, concrete, aggregate, junk cars, auto parts, tires, chemicals, fertilizer and uses permitted exclusively in an L Industrial 2 Zone shall not be permitted.

(8)

All outdoor storage shall comply with dimensional regulations of this article.

(9)

There shall be no outdoor storage permitted within 150 feet of freshwater or tidal wetlands.

(10)

There shall be no outdoor storage permitted within a designated historic or historic transition district.

(11)

All outdoor storage shall be screened from adjoining property lines and adjoining roadways with a double row of evergreen plantings seven feet high and five feet on center and a solid tongue-and-groove fence with no gaps between slats or higher quality barrier; specific species of plantings and fence materials shall be determined by the Planning Board.

(12)

The potential for generation of fugitive dust shall be mitigated as determined by the Planning Board.

Outdoor storage as an accessory use to a permitted principal use.

(1)

A minimum lot area of two acres shall be required for outdoor storage.

(2)

All outdoor storage shall be located within the rear yard only. Outdoor storage within the primary or secondary front yard shall be prohibited. No outdoor storage shall be visible from any street frontage.

(3)

All outdoor storage shall be screened from visibility from adjoining roadways with landscaping and/or decorative fencing in accordance with Town standards and require a site plan, which shall be subject to the review and approval of the Planning Board.

(4)

All outdoor storage shall be set back a minimum distance of 50 feet from any roadway and 25 feet from any side or rear property line.

(5)

Outdoor storage shall be limited to only those goods that are generated or manufactured by the principal use on the premises, and shall be located on the same lot as the principal use, and prohibited within 500 feet from any lot line bounding a residential use or zone.

(6)

Outdoor storage shall have all activities associated with the outdoor storage area, such as loading, delivery, pick up, traffic circulation, queuing, and parking, take place on site.

(7)

No outdoor storage shall be permitted above legal fence height.

Restaurant, take-out restaurant and delicatessen as an accessory use to a permitted principal use.

(1)

The restaurant, take-out restaurant or delicatessen use may occupy a maximum of 5% of the total gross floor area of the building and shall not exceed a maximum of 3,000 square feet gross floor area.

(2)

The restaurant, take-out restaurant or delicatessen use shall be located within the building of the permitted principal use.

(3)

A maximum of one accessory restaurant, delicatessen or take-out restaurant use shall be permitted per site.

(4)

Freestanding restaurants, or take-out restaurants or delicatessen uses shall be prohibited.

Uses within a designated Redevelopment Initiative: Main Street Business District.

(1)

The application shall obtain a minimum redevelopment achievement score of 101 points to 120 points.

(2)

The application shall provide a minimum redevelopment benefit potential score of 80 points.

(3)

Dimensional and density criteria required and specified in the J Business 6 (Main Street Business) District for permitted uses and accessory uses shall be applicable.

(4)

Special permit criteria required and specified in the J Business 6 (Main Street Business) District for special permitted uses shall be applicable.

Fuel cell facility connected to the public electric grid in order to sell electricity to a public utility entity.

[Added 1-17-2019 by L.L. No. 1-2019, effective 1-28-2019]

(1)

The maximum permitted height for all structures and appurtenant equipment shall be 50 feet.

(2)

A fuel cell facility shall provide a "proof of concept letter" from the local electric corporation acknowledging that the fuel cell facility will be interconnected to the utility grid to sell electricity to the electric corporation.

(3)

All applications for a fuel cell facility shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the facility. Prior to issuance of a building permit, the owner or operator of the facility shall post a performance bond or other suitable guarantee in a face amount of not less than 150% of the estimated cost, as determined by the Town Engineer, to ensure removal of the facility. The form of the guarantee must be reviewed and approved by the Town Engineer and Town Attorney, and the guarantee must remain in effect until the system is removed. Review of the guarantee by the Town Engineer and Town Attorney shall be paid from an escrow established by the applicant. Prior to removal of a facility, a demolition permit for removal activities shall be obtained from the Town of Brookhaven.