§ 70-215. Prohibited types of construction., Article XXII. General Provisions, Chapter 70. Zoning, Code of Ordinances, North Hempstead

Unprotected metal buildings and all buildings of frame construction shall be prohibited in any business or industrial district, except that buildings of frame construction existing in a business or industrial district at the date of this section, as amended, may be used in such business or industrial district, provided that such buildings conform, or are altered to conform, to the provisions of the New York State Building Code applicable to the use to which they are to be devoted and provided that they conform to all applicable fire codes and all other provisions of this chapter.

No building or premises in any use district shall be hereafter used or occupied in whole or in part for the purpose of operating or conducting a discotheque, dance hall or similar place where one of the principal activities is dancing, unless a special use permit is obtained therefor from the Board of Zoning and Appeals pursuant to Article XXIV of this ordinance. No permit shall be granted for such use unless the building in which the activity is to be conducted contains a minimum open floor area of 10 square feet per person for the total number of persons that may be legally accommodated and unless there are two means of direct ingress and egress for the public which shall not require passage through any other rooms or divided portion of the building to obtain access to or from the dance floor. All such uses shall provide the off-street parking facilities required of places of public assembly under Article XII of this ordinance.

[Added 6-28-1966]

No building shall be erected or constructed in any use district unless such building shall be of rigid construction, having firm attachment in the ground, and shall be in conformity with all applicable structural codes of the Town of North Hempstead. All devices made of fabric, plastic or other flexible material intended for the shelter of persons or the storage of materials and erected and maintained by air or gaseous pressure are prohibited in all use districts. Outdoor uses of properties, tent structures and temporary structures are permitted on a temporary basis, under the conditions listed in § 2-9N, only for a use permitted in the subject zoning district, and further provided that:

[Added 3-6-1973; amended 1-28-1997 by L.L. No. 3-1997]

(1)

There is an established building on the property, with a business to which the temporary use is incidental.

(2)

No outdoor storage is permitted.

(3)

No streamers, banners, flags, flashing lights, floats or similar exhibits are permitted.

(4)

No signs are permitted except those approved under § 70-196.

(5)

Parking requirements are maintained under § 70-103.

Dangerous fencing.

[Added 7-9-1991 by L.L. No. 10-1991]

(1)

In no case shall barbed wire, razor wire, spikes, chipped glass, electricity or similar materials or devices be used in conjunction with or as part of any fence. No fence shall be permitted which is expressly designed with the intent to injure or malign anyone who attempts to climb such a fence. The exceptions to this rule are certain types of fences listed in § 70-215D(2).

(2)

Barbed wire or electric fences.

(a)

A fence which is seven feet high with a barbed wire, razor wire or spiked top or an electric shock fence which would not be detrimental to the health, safety or welfare of any person coming into contact with it may be permitted in the industrial districts, upon issuance of a conditional use permit by the Board of Zoning and Appeals:

[1]

Where it can be demonstrated that the fence is needed to prevent entry to an area which could be hazardous to the health, safety or welfare of a person or persons.

[2]

Where, in the Board's opinion, other reasons are presented which, in the general community interests or interests of national safety, justify the need for such a fence.

(b)

Where such fences are permitted, the fact that they are either barbed or electrified shall be clearly indicated on the fences at intervals of not more than 25 feet.