A.
The title of the Building Zone Ordinance of September 7, 1932, of
the Town of Smithtown, Suffolk County, New York, as heretofore amended,
is hereby amended to read as follows: "An Ordinance Regulating and
Restricting the Height, Number of Stories and Size of Buildings and
Other Structures, the Percentage of Lot That May Be Occupied, the
Size of Yards, Courts and Other Open Spaces, the Density of Population
and the Location and Use of Buildings, Structures and Land for Trade,
Industry, Residence or Other Purpose, in the Town of Smithtown Outside
the Limits of any Incorporated Village; and for Said Purposes Dividing
the Town Outside Such Limits into Districts; and Providing Fines and
Penalties for the Violation of its Provisions."
B.
Short title. This chapter shall be known and may be cited as the
"Town of Smithtown Building Zone Ordinance of 1963."
This Building Zone Ordinance is adopted for the purpose of promoting
the health, safety, morals or the general welfare of the community
and in furtherance of the following related and more specific objectives:
A.
To guide and regulate the orderly growth, development and redevelopment
of the Town of Smithtown outside the limits of any incorporated village
in accordance with a Comprehensive Plan and with long-term objectives,
principles and standards deemed beneficial to the interests and welfare
of the people.
B.
To protect the established character and the social and economic
well-being of both private and public property.
C.
To promote, in the public interest, the utilization of land for the
purposes for which it is most appropriate.
D.
To secure safety from fire, panic and other dangers and to provide
adequate light, air and convenience of access.
E.
To prevent overcrowding of land or buildings and to avoid undue concentrations
of population.
F.
To lessen and, where possible, to prevent traffic congestion on public
streets and highways.
G.
To conserve the value of buildings and to enhance the value of land
throughout the Town outside the limits of any incorporated village.
A.
Scope and meaning of certain words and terms.
(1)
Unless the context clearly indicates the contrary, words used in
the present tense include the future, the singular number includes
the plural, and the plural includes the singular.
(2)
The word "person" includes a profit or nonprofit corporation, company,
partnership or individual.
(3)
The word "shall" is mandatory and not directory; the word "may" is
permissive.
(4)
The word "lot" includes the word "plot."
(5)
The word "structure" includes the word "building."
(6)
The word "use" and the word "used" refer to any purpose for which
a lot or land or part thereof is arranged, intended or designed to
be used, occupied, maintained, made available or offered for use and
to any purpose for which a building or structure or part thereof is
arranged, intended or designed to be used, occupied, maintained, made
available or offered for use or erected, reconstructed, altered, enlarged,
moved or rebuilt with the intention or design of using the same.
B.
AASHTO
ACCESSORY CONVENIENCE SALES
ACCESSORY USE, STRUCTURE OR BUILDING
ACTIVE USE
ADULT ENTERTAINMENT
ADULT HOME
ADULT RETAIL SHOP
AGRICULTURE
ANIMAL HOSPICE
ANTENNA, DISH
ASSISTED LIVING FACILITY
AVERAGE NATURAL GRADE LEVEL
BASEMENT
BERM
BOARD OF APPEALS
BOARD, PLANNING
BOARD, TOWN
BUILDING
BUILDING AREA
BUILDING DIRECTOR
BUILDING LINE
CAPITAL INVESTMENT
CAR WASH
CELLAR
CLUB, COUNTRY
CLUB, MEMBERSHIP, NONPROFIT
COMMERCIAL VEHICLE
COMMERCIAL VEHICLE, LARGE
COMMUNITY ASSOCIATION
COMMUNITY SHOPPING CENTER
CONTRACTOR SHOWROOM
CONVENIENCE STORE/MINI-MARKET
COUNTER-SERVICE RESTAURANT
DAY CAMP
DAY-CARE CENTER
DECK
DEVELOPMENT
DWELLING
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
ENVIRONMENTALLY SENSITIVE LAND
(1)
(2)
(3)
(4)
(5)
(6)
(7)
FAMILY
(1)
(a)
(b)
(c)
(d)
[1]
[2]
[3]
[a]
[b]
[c]
[d]
[e]
[f]
[g]
[4]
(2)
(3)
(4)
FAR (FLOOR AREA RATIO)
FILLING STATION
FITNESS CENTER
FLOOR AREA, GROSS
FLOOR AREA, MINIMUM HABITABLE
FOOD RETAIL
FUEL STORAGE AND DISTRIBUTION
FUNCTIONALLY DEPENDENT USE
GAME CENTER
GAME ROOM
GARAGE, PARKING
GARAGE, PRIVATE
GARAGE, REPAIR
GARAGE, STORAGE
GARDEN APARTMENT
HEALTH SPA
HEIGHT OF A STRUCTURE OR BUILDING
HISTORIC STRUCTURE
(1)
(2)
(3)
HOME CENTER
HOME OCCUPATION
(1)
(2)
HOOKAH LOUNGES, VAPE STORES/LOUNGES, SMOKE SHOPS
HOSPITAL
HOTEL
HOUSE TRAILER
JUNK
JUNKYARD
KIOSK OR BOOTH
LOCAL WATERFRONT AREA
LOT
LOT AREA
LOT, CORNER
LOT FRONTAGE
LOT, INTERIOR
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT, THROUGH
LUMBERYARD
LWRP (LOCAL WATERFRONT REVITALIZATION PROGRAM)
MICROBREWERY
MINI-STORAGE WAREHOUSE
MIXED-USE BUILDING
MOBILE HOME
MODIFICATION OF ZONING PROVISIONS
MOTEL
MOTOR VEHICLE SHOWROOM
NIGHTCLUB
NONCONFORMING STRUCTURE
NONCONFORMING USE
NONNUISANCE INDUSTRY
NURSERY
NURSERY SCHOOL
OPEN-FRONT RESTAURANT
OUTDOOR DINING AREA, PERMANENT
OUTDOOR DINING AREA, SEASONAL
OUTDOOR INDUSTRIAL ACTIVITIES
OUTDOOR STORAGE
OVERLAY DISTRICT
PARKING AREA
PARKING SPACE
PAVED SURFACE
PERSONAL WIRELESS SERVICE FACILITY (PWSF)
PLANNED INDUSTRIAL PARK
PLANNED RESIDENTIAL DEVELOPMENT
POWER EQUIPMENT SHOP
[24]PROPANE EXCHANGE
PUBLIC NOTICE
PUBLIC OR SEMIPUBLIC BUILDING
(1)
(2)
(3)
PUBLIC UTILITY
REGIONAL SHOPPING CENTER
RESEARCH LABORATORY
RESTAURANT
RETAIL ESTABLISHMENT, STORE OR SHOP
SAND MINING
SHIPPING CENTER
SIGN
SIGN WIDTH
SOLID WASTE
SPECIAL EXCEPTION USE
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURE
SUBREGIONAL SHOPPING CENTER
SWIMMING POOL
TAVERN, BAR OR INN
THEATER
THEATER, MULTIPLEX
TOWN ENGINEER
TOWNHOUSE STRUCTURE
TRANSFER STATION
TRUCKING STATION
VARIANCE
VEHICLE STORAGE RACK
VOCATIONAL SCHOOL
WALL
WAREHOUSE
WHOLESALE BUSINESS
WINERY
WINERY EVENT
YARD, FRONT
YARD, REAR
YARD, SIDE
Definition of terms. As used in this chapter, the following terms
shall have the meanings indicated:
The American Association of State Highway and Transportation
Officials.
[Added 10-21-1986]
An accessory use to a filling station whereby food, beverages,
periodicals and similar items are purchased.
[Added 7-8-1997]
A subordinate use, structure or building customarily incidental
to and located on the same lot occupied by the main use or building
or on a contiguous lot in the same ownership. The term "accessory
building" may include a private garage and/or private greenhouse.
A use that generates daily public patronage, including but
not limited to bars, commercial entertainment, restaurants, museums,
retail (sales and service), personal service, offices, and similar
uses, and a use which provides an amenity for building residents.
[Added 8-11-2020 by L.L. No. 9-2020]
A public or private establishment which presents topless
dancers, strippers, male or female impersonators, exotic dancers or
other similar entertainments and which establishment is customarily
not open to the public generally and excludes any minor by reason
of age. This use includes adult massage parlors, peep shows and adult
theaters and similar types of businesses.
[Added 9-13-1994]
A residential facility under 100,000 square feet, for individuals
who meet the admission standards of the applicable state law and regulations,
and which is licensed or otherwise certified by the State of New York
as an adult home for the purpose of providing long-term residential
care, room and board, housekeeping, personal care, and related forms
of assistance as required by state law and regulations.
[Added 4-26-2007; amended 4-20-2023 by L.L. No. 8-2023]
An establishment having as a substantial or significant portion
of its stock-in-trade videotapes, films, slides, books, magazines
or adult accessories, whether for sale or rent, and which establishment
is customarily not open to the public generally but excludes any minor
by reason of age.
[Added 9-13-1994]
Includes the cultivation of the soil for food products or
other useful or valuable growths of the field or garden, tillage or
husbandry, but shall not include dairying, the raising of livestock,
fowl or birds or other forms of animal husbandry where the same is
carried on as a business or gainful operation.
All or part of the premises, buildings and facilities utilized
for the purpose of taking in and providing for the care and treatment
of sick, abandoned, homeless, injured, deformed and/or terminally
ill animals.
[Added 7-11-2006]
A device used to transmit and/or receive electromagnetic
waves between terrestrially and/or orbitally based uses wherein the
device incorporates a reflective surface that is solid, open-mesh
or bar-configured and is in the shape of a shallow dish, cone, horn,
parabola or cornucopia.[1]
[Added 5-28-1991]
A residential facility for individuals who meet the admission
standards of the applicable state law and regulations, and which is
licensed or otherwise certified by the State of New York as an assisted
living facility for the purpose of providing housing, support services,
personalized assistance, and health care. Such services should include,
but not be limited to, providing of common meals, transportation services,
medically eligible services, and related forms of assistance as required
by state law and regulations.[2]
[Added 4-26-2007; amended 4-20-2023 by L.L. No. 8-2023]
The mean elevation of the land along and adjacent to the
front of a building or structure prior to the placement of any fill
thereon, or as depicted on plans previously approved in accordance
with this chapter, whichever is more recent.
[Added 10-2-2012]
A story partly below grade and having not more than 1/2 its
height below grade.
[Amended 10-21-1986]
An artificial earthen mound that is higher than the adjacent
land.
[Added 7-2-2008]
The Board of Zoning Appeals of the Town of Smithtown, New
York.
The Planning Board of the Town of Smithtown, New York.
The Town Board of the Town of Smithtown, New York.[3]
A structure with a roof supported by columns or walls and
having a horizontal area of more than 50 square feet.
The aggregate of the horizontal area measured around the
outside of the foundation walls and of the floors of roofed porches
and roofed terraces inclusive, and including the area of accessory
buildings, if any.
The Building Director of the Town of Smithtown.
[Amended 5-8-2007]
That line established by the required front yard depth as
the closest point to the front property line at which a building may
be constructed.
The initial outlay by the owner or operator of a use to establish
a business, exclusive of the fair market value of the structure in
which the use is located. For nonconforming uses, the initial outlay
shall be calculated up to the date the use became nonconforming.
[Added 9-13-1994]
A building or lot or part thereof containing facilities such
as water pumps, self-propelled brushes, conveyor chains and dryers,
used for washing motor vehicles.
[Added 10-21-1986]
A story having more than 1/2 its height below grade. A "cellar"
is not included in computing the number of stories for the purpose
of building height measurement.
[Added 10-21-1986]
A club for golfing, hunting, fishing, horseback riding or
similar sports.
The premises, buildings and facilities utilized by a local
chapter holding a valid charter from an international, national or
state nonprofit membership organization or by a bona fide local nonprofit
civic association, which is not operated for profit and which holds
and maintains an income-tax-exempt status under the regulations and
rulings of the Internal Revenue Service of the United States. Membership
in the nonprofit club shall be regulated by the articles or bylaws
of the club, and the club shall cater exclusively to members and their
guests primarily for a social, literary, fraternal, recreational,
patriotic, educational, religious or political purpose. This term
shall not include a fitness center, swim club, country club, game
center or commercial public use, as defined herein, and any club providing
any child-care arrangement, including but not limited to day care
and day camp, as defined herein, must make separate applications to
the applicable entity charged with authorizing such child-care use.[4][5]
[Amended 8-19-2003]
Any commercially registered vehicle weighing up to 10,000
pounds gross vehicular weight and measuring up to 20 feet in length.
[Added 12-10-1996; amended 11-4-1997; 8-2-2010]
Any commercially registered vehicle weighing more than 10,000
pounds gross vehicular weight or measuring more than 20 feet in length.
[Added 12-10-1996; amended 11-4-1997; 8-2-2010]
Any membership association set up for the purposes of the
ownership, maintenance and management of those areas of townhouse
development held in common ownership.
[Added 8-9-1983]
A use of land, building or structures permitted in the Shopping
Center Business District, which contains a minimum of 20 acres and
less than 25 acres, has a minimum of 100,000 square feet of gross
floor area and serves a trade area population of between 40,000 and
100,000.[6]
[Added 9-24-1968]
An establishment of at least 3,000 square feet of floor area
and used to display and place orders for windows, doors, cabinets,
countertops, carpets, recreational structures, and similar items that
are delivered to the customer's home or business. A contractor showroom
shall not include establishments wherein customers leave the site
with merchandise.
[Added 3-22-2012]
Establishment primarily engaged in the retail sale of a limited
line of packaged and pre-packaged foods, beverages, newspapers, tobacco,
vaping products, household products, lottery tickets, and provisions
such as bread, eggs, and milk.
[Added 11-7-2023 by L.L.
No. 15-2023]
An eating establishment having a seating capacity of more
than 16 seats, where food and/or beverages are served to patrons in
their vehicles or are sold at counters inside the building and patrons
are not served at tables by waiters or waitresses.[7]
[Added 6-26-1973; amended 7-10-1979; 3-8-1994]
The use of a building, premises and facilities to provide
daytime instruction and recreational programs for two or more children
away from home. All camps operating during any summer month or months
shall be licensed by the Department of Public Health of the State
of New York. This term shall not be deemed an accessory use to a membership
club.
[Added 6-24-1975; amended 8-19-2003]
Includes any child-care arrangement, public, private or parochial
child-care center, school-aged child-care program, day nursery school,
kindergarten, play school, or similar school or service, operating
pursuant to any required authorization, license or permit of the State
of New York or the County of Suffolk; any facility providing nonresidential
care for three or more children or persons with disabilities or persons
over 65 years of age for not more than 16 hours a day; any facility
that provides child-care services, as defined in § 410-p
of the New York State Social Services Law; or any child day-care center,
as defined in § 390 of the New York State Social Services
Law. This term shall not be deemed an accessory use to a membership
club, nor shall the term apply to schools, community residences or
medical facilities.
[Added 10-21-1986; amended 6-9-1992; 10-7-1997; 8-19-2003]
A flat-floored, roofless structure serving generally as outdoor
living space. The "deck" height is the greatest vertical distance
between the "deck" floor and natural or approved grade.
[Amended 7-23-1991; 3-23-1993]
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations or storage
of equipment or materials.[8]
[Added 8-25-1987; amended 9-12-1995]
A building arranged, intended or designed to be occupied
by one or more families living independently of each other upon the
premises.
A building designed for and occupied exclusively as a home
or residence for not more than one family.
A building designed for and occupied exclusively as a home
or residence for two families.
One or more rooms with provisions for cooking, living, sanitary
and sleeping facilities arranged for the use of one family.[9]
Any area with one or more of the following characteristics:
[Added 1-7-1986]
Any area of special flood hazard as defined by Chapter 168, Flood Damage Prevention, of the Town Code.
[Amended 3-22-2012]
Slopes in excess of 15%.
Depth to seasonal high-water table of less than 10 feet.
A distance of less than 100 feet to the nearest surface water
feature identified on the latest United States Geological Survey 6.5-minute
topographic map.
Poorly drained soils, as defined by the United States Soil Conservation
Service.
A habitat for protected, threatened or endangered species.
[Amended 7-10-1979; 12-28-2023 by L.L. No. 4-2024]
As used herein shall mean:
One, two or three persons occupying a single dwelling unit;
or
Four or more persons occupying a single dwelling unit who are
related by blood, marriage, legal adoption, or legal foster relationship
occupying a dwelling unit and living together as a traditional family
or are occupying a dwelling unit, whether or not related to each other
by blood, marriage or adoption, or foster relationship, and living
together as the functional equivalent of a traditional family.
It shall be presumed that four or more persons living in a single nonprofit dwelling who are not related by blood, marriage, legal adoption, or legal foster relationship do not constitute the functional equivalent of a traditional family. This presumption can be overcome only by a showing that, under the standards enumerated in Subsection (d) hereof, the group constitutes the functional equivalent of a traditional family. A determination as to the status of such group may be made in the first instance by the Building Director or his designee, or on appeal from an order, requirement, decision, or determination made by the Building Director or his designee, by the Board of Zoning Appeals in conformance with this chapter.
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
The group is one which in structure and function resembles a
traditional family unit; and
The occupants must share the entire single- or one-family dwelling
unit and live and cook together as a single housekeeping unit. A unit
in which the various occupants act as separate roomers or boarders
may not be deemed to be occupied by the functional equivalent of a
traditional family; and
The occupancy is permanent and stable. Evidence of such permanence
and stability includes, but is not limited to:
The occupants' length of stay together in the current dwelling
unit or other dwelling units;
The presence of minor children regularly residing in the household
who are enrolled in local schools;
The occupants use the address of the dwelling for their vehicle
registration, driver's licenses, passports, bank accounts, bills,
loans, tax returns, and other licenses and permits;
The occupants share expenses for food, rent, ownership costs,
utilities, and other household expenses;
Common ownership of furniture and appliances and the common
use of vehicles among the members of the household;
Whether the household is a temporary living arrangement or a
framework for transient living;
The household has been living together as a unit for a year
or more, whether in the current dwelling unit or in other dwelling
units;
Any other factor reasonably related to whether or not the occupants
are the functional equivalent of a family.
Floor plans of the dwelling unit shall be submitted to the Building
Director or his designee, and on appeal if necessary to the Board
of Zoning Appeals, and must conform to all Town, county, and state
laws, regulations, codes, and ordinances.
Any determination under this subsection shall be limited to
the status of a particular group of persons as a family and shall
not be interpreted as authorizing any other use, occupancy, or activity.
The Building Director or his designee, or the Board of Zoning
Appeals, may impose such conditions and safeguards as it shall deem
reasonable, necessary and/or advisable in order to maintain the stability
and character of the neighborhood and protect the health, safety,
and welfare of the community.
The gross floor area divided by the site area.[10]
[Added 6-20-1989]
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks. A "filling station" may include accessory
facilities for rendering services for motor vehicles, such as lubrication,
washing and minor repairs.
The premises, buildings and facilities operated and utilized
by any for-profit business or nonprofit organization for the purpose
of operating an athletic center which offers exercise, fitness, physical
wellness, nutrition, health or sports programs to its members. This
term shall not apply to athletic or gymnasium programs of any public
or private grade school, high school, college or university where
such programs are offered exclusively to its students and/or faculty.
This term shall not include swim clubs, country clubs, game centers
or a commercial public use as defined herein, nor shall this term
be deemed an accessory use to a nonprofit membership club.[11]
[Added 8-19-2003]
The sum of the horizontal areas of all stories of all buildings
on a site, measured from the exterior faces of the exterior walls
or from the center line of walls separating two buildings, but not
including accessory buildings less than 150 square feet and less than
10 feet in height, and not including cellars or half-stories.
[Added 10-21-1986; amended 6-20-1989; 3-8-2011; 10-2-2012; 3-17-2016]
The total horizontal area of all stories of a dwelling unit,
measured between the outside walls of the building, but excluding
garages, carports, open porches, terraces, utility rooms, basements
and those floor areas that have a clear ceiling height of less than
seven feet six inches. The "minimum habitable floor area" requirement
of a dwelling with a height of more than one story shall be increased
by 300 square feet to allow for stairs and additional hallway areas.
An eating establishment where the preparation and sale of
food and/or beverages are served to patrons in a ready-to-consume
state, primarily off the premises, where orders are generally not
taken at the customers' tables but at a counter, and where food is
wrapped in disposable wrapping containers. Seats may be provided for
on-site consumption and/or customer waiting.
[Added 9-6-2022 by Res.
No. 2022-781]
A premises other than a filling station used to store more
than 5,000 gallons of flammable or hazardous solids, liquids or gases
in tanks or trucks.
[Added 10-21-1986]
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding and ship repair facilities. The term does
not include long-term storage, manufacturing, sales or service facilities.
[Added 9-12-1995]
A room, hall or building or portion thereof which contains
five or more pinball machines, electronic videoscreen games, foosball
games, air hockey games or any other games or machines determined
by the Board of Zoning Appeals to be similar, for the use of which
fees are paid directly into the machines or to an operator.
[Added 4-14-1981]
A room, hall or portion of the floor area of a building which
contains four or fewer pinball machines, electronic videoscreen games,
foosball games, air hockey games, skeebowls or any other game machines
determined by the Board of Zoning Appeals to be similar, for the use
of which fees are paid directly into the machine or to an operator.
[Added 4-14-1981]
A building or portion thereof, not a private garage, used
for the storage of motor vehicles and not used for making repairs
thereto. The storage of motor vehicles under or above a building or
portion thereof shall be construed as a use of the building.
[Amended 1-7-1986]
An accessory building of not less than 10 feet in width and
20 feet clear interior depth from door to wall and used for the storage
of not more than three private motor vehicles and for one commercial
motor vehicle owned and used by the owner or tenant of the lot on
which the "private garage" is erected.
[Amended 1-23-1968]
Except as provided for in § 322-12M, a building used for adjustment, painting, replacement of parts or other repair of motor vehicles or parts thereof, whether or not accessory or incidental to another use, except for premises wherein the floor area for repair work is less than or equal to 49% of the floor area used for a motor vehicle show room.
[Amended 6-9-1992; 11-1-1994]
An accessory building used for the storage of goods, materials
or equipment, not including motor vehicles, and not used for repairs,
assembly, servicing or a similar use.
[Added 1-7-1986]
A low-rise residential building or group of buildings in
which dwelling units are attached at one or more common roofs, walls
or floors. Each unit's habitable area shall be located above ground
level.
[Amended 1-20-2022 by Res. No. 2022-109]
An establishment of at least 5,000 square feet that has a
pool and/or sauna and provides personal care treatments such as massages,
facials, hydrotherapy, and wellness education.
[Added 3-22-2012]
Except as otherwise provided herein, the height of a structure
or building shall be the vertical distance measured from the average
natural grade level, as defined in this chapter, to the highest point
of the building or structure. The highest point shall not include
heating, ventilation and air-conditioning equipment; parapets; stairway
and elevator bulkheads; antennas; and other minor appurtenances. In
the Nissequogue River Corridor, the height of a structure or building
shall be the vertical distance measured from the lowest finished grade
at the foundation of the building or structure to the highest point
of the building or structure. The highest point shall include heating,
ventilation and air-conditioning equipment; parapets; stairway and
elevator bulkheads; and antennas larger than 20 square feet measured
in any vertical plane.[12]
[Added 10-21-1986; amended 10-2-2012]
Any structure that is:
[Added 9-12-1995]
Listed individually in the National Register of Historic Places
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district; or
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior.
A premises which is more than five acres in size, which is used for the sale of building products, tools, garden supplies, flooring products and so forth, whose operation is located entirely within a building. For purposes of this chapter, this use is classified as a retail establishment, not otherwise listed herein, pursuant to § 322-8B.
[Added 1-21-1997]
[Amended 10-9-1984]
An accessory activity of a professional or occupational nature
which is conducted entirely within a dwelling unit and which is conducted
solely by members of the family residing within the unit and not more
than one additional person who does not reside within the unit. The
use is to be clearly incidental and secondary to the residential use
of the dwelling unit. Furthermore, the use shall not have an adverse
effect on the surrounding residences. The following uses and similar
uses are not to be permitted as occupations: beauty parlors, hairdressing
and manicuring establishments, barbershops; tearooms; tourist homes;
convalescent homes; funeral homes; retail or wholesale shops or stores;
dancing schools; real estate offices; veterinarian offices; animals
hospices; animal boarding facilities; kennels; and animal hospitals
and biological or medical testing laboratories (effective October
9, 1984).
[Amended 7-11-2006]
Any facility or location whose business operation, and its
principal use, includes on-site indoor smoking/sale of cigarettes,
cigars, pipes, tobacco, electronic cigarettes, vape pens, vapors,
e-liquids, other legal marijuana derivatives or other substances.
As it relates to provisions concerning hookah lounges and vape stores/lounges,
the term "smoking" is defined as the inhalation of the smoke/liquid
nicotine/vapors/water pipe tobacco and other substances encased in
electronic cigarettes, vape pens, and pipes commonly known as "hookah,"
" waterpipe," "shisha," and "narghile," or any similar device.
[Added 4-26-2018 by L.L.
No. 2-2018; amended 11-7-2023 by L.L. No. 15-2023]
The premises or buildings, whether publicly or privately
operated, used for the diagnosis, treatment or other care of human
ailments, which may include related facilities such as laboratories,
training facilities, central service facilities and staff offices.
A "hospital" shall not include institutions for the treatment of alcoholism,
drug addiction or mental diseases. Dormitories may be permitted as
accessory buildings, provided that they are limited exclusively to
nurses or other staff.
[Amended 4-20-2023 by L.L. No. 8-2023]
A building or part thereof which has a common entrance, common
heating system and general dining room and which contains seven or
more living and sleeping rooms designed to be occupied by individuals
or groups of individuals for compensation. A "hotel" shall not provide
apartment dwelling units.
A movable single-family dwelling of more than 17 feet in
length, equipped with a vehicular chassis but lacking one or more
of the following mechanical systems and equipment: plumbing, heating,
electrical, cooking and refrigeration. See "mobile home."
Discarded materials including scrap metal, old iron, steel,
brass, copper, tin, lead or other base metals; old cordage, rope,
rags, fibers or fabrics; wastepaper; salvage materials; old machinery,
equipment and parts, whether dismantled or not; and motor vehicles
no longer used as such, whether for the purpose of resale of used
parts or components therefrom, for the purpose of reclaiming for use
some or all of the materials therein, whether metal, glass, fabric
or otherwise, for the purpose of disposing of the same or for any
other purpose; but "junk" shall not include materials or objects held
and used by a manufacturer as an integral part of his own manufacturing
processes. This term shall not include construction and demolition
debris.
[Added 6-27-1989; amended 11-18-2003]
Includes a lot, land, or structure used as an automobile
or vehicle salvage yard; an automobile or vehicle reduction yard;
a motor vehicle junkyard; an automobile or vehicle wrecking establishment;
an automobile or vehicle graveyard; a scrap metal processing yard
or facility; or a vehicle dismantling yard or facility. This term
shall not include a transfer station as defined herein.
[Amended 6-27-1989; 11-18-2003]
A structure or building with one or more open sides designed
for retail sales or service, separating its occupant from patrons
or customers, whether on a public street, sidewalk, parking lot or
any other portion of the lot cited property. The term "kiosk" or "booth"
shall not include a telephone booth or a passenger shelter.
[Added 5-8-1979]
The area of the Town, excluding incorporated villages, described
in the Town of Smithtown Local Waterfront Revitalization Program on
file with the New York State Department of State.
[Added 10-21-1986]
A parcel of land, exclusive of street areas, used or designed
to be used by one use or structure or by a related group of uses or
structures and the accessory uses or structures customarily incident
thereto, including such open spaces as are arranged or designed and
required in connection with such structure or group of structures.
A "lot" may or may not be the land shown as a single "lot" on a duly
recorded plat or other official record.
The total horizontal area included within lot lines.
A lot with frontage on two or more intersecting streets,
at their point of intersection.
The dimension measured from side lot line to side lot line,
or the equivalent in the case of a corner lot, along a line parallel
to the street line at the required minimum front yard depth (the building
line).
Any lot other than a corner lot.
Any boundary of a lot. Any "lot line" not a rear lot line
nor a front lot line shall be deemed a side lot line.
The dividing line between the lot and a street. On a corner
lot, both street lines shall be considered "front lot lines."
The lot line opposite the front lot line.
A lot extending from one street to another.[15]
A premises, less than five acres in size, which is principally
used for the sale of lumber and related materials which will be used
in building construction. For purposes of this chapter, lumber products
shall include unfinished and finished wood, substitute wood products,
roofing materials and related construction material, stored within
and/or outside of a building or structure.
[Added 1-21-1997]
The Local Waterfront Revitalization Program of the Town of
Smithtown, as submitted to the Secretary of State pursuant to the
Waterfront Revitalization and Coastal Resources Act (Executive Law
Article 42), a copy of which is in the office of the Town Clerk.[16]
[Added 6-20-1989]
An establishment required to be licensed as a microbrewery
by the New York State Liquor Authority.
[Added 3-22-2012]
A building or a group of buildings in a controlled-access
and fenced compound that contains varying sizes of individualized,
compartmentalized and controlled access stalls or lockers for the
dead storage of customer's goods or wares.
[Added 8-27-1985; amended 10-21-1986; 12-1-1987]
A multistory structure that is designed to integrate various
uses, such as office, commercial, institutional, and residential uses,
with active uses occupying the ground floor. A building that is designed
exclusively for one use type shall not be considered mixed use. A
mixed-use building integrates uses in a coherent physical design.
[Added 8-11-2020 by L.L. No. 9-2020]
A movable single-family dwelling equipped with a vehicular
chassis and provided with all the following mechanical systems and
equipment: plumbing, heating, electrical, cooking and refrigeration.
See "house trailer."
The implementation of a plan to permit greater flexibility
of the zoning requirements in certain residence districts, pursuant
to the provisions of § 54-10Q.[17]
The premises and building or group of buildings, whether
detached or in connected units, used as individual sleeping or dwelling
units, with direct outside access and related office and with or without
restaurant facilities, designed primarily for transient automobile
travelers and provided with accessory off-street parking facilities.
The term "motel" includes buildings designed as tourist courts, motor
lodges, auto courts and other similar appellations but shall not be
construed to include mobile or immobile trailers.
The use of any building or lot or part thereof for the sale,
rent, lease or display of new or used automobiles, vans, trucks, trailers,
buses, farm machinery, construction equipment, recreation vehicles
or boats.[18]
[Added 10-21-1986]
An establishment, not including a membership club, that has
dancing with music or live entertainment in conjunction with the consumption
of alcoholic beverages.
[Added 3-22-2012]
A structure lawfully existing at the effective date of this
chapter, or any amendment thereto affecting such structure, which
does not conform to the Table of Dimensional Regulations of this chapter[19] for the district in which it is situated, irrespective
of the use to which such structure is put.
Any use of a building, structure, lot or land or part thereof
lawfully existing at the effective date of this chapter, or any amendment
thereto affecting such use, which does not conform to the Table of
Use Regulations of this chapter[20] for the district in which it is situated.
Any industry the manifestations of which do not extend beyond
the limits of the property where it is located by reason of the emission
of odor, dust, fumes, smoke, gas, vibration, light, noise or similar
condition or any other condition hazardous to the community.
A building or lot or part thereof used for raising flowers,
shrubs or plants for sale.
[Added 10-21-1986]
A school designed to provide daytime care and instruction
for two or more children from two to five years of age, other than
children of the resident family, licensed by the New York State Board
of Regents and operated on a regular basis. A day camp shall not be
deemed to be a "nursery school."[21]
[Amended 6-24-1975]
An eating establishment where food and/or beverages are purchased
at open counters and may be consumed on the premises outside the building,
whether in parked vehicles or seated at outdoor tables or counters.
[Added 6-26-1973]
Any unenclosed or partially enclosed outdoor area that is adjacent to and operated as part of an enclosed sit-down restaurant and that is used for the purpose of serving food and drink to customers seated at tables. The "outdoor dining area" shall be allowed only as an accessory use to the sit-down restaurant use, as defined by the term "restaurant" in this section. It is subject to all the requirements set forth in §§ 322-9B, 322-10B[22] and 322-82C(25).
[Added 2-5-1985; amended 5-3-2022 by Res. No. 2022-436]
Any unenclosed or partially enclosed outdoor area that is adjacent to and operated as part of an enclosed sit-down restaurant and that operates on a seasonal (179 consecutive day) basis in any calendar year for the purpose of serving food and drink to customers seated at tables. It is subject to all the requirements set forth in § 322-12P.
[Added 5-3-2022 by Res.
No. 2022-436]
Any mixing, sorting, screening, purifying, assembling, disassembling,
compacting, painting, coating, finishing, or other action of any material,
product, equipment, vehicle, or vessel that is not entirely within
an enclosed building unless these activities are conducted for the
development of a site in accordance with a valid building permit.
Storage, loading, and unloading shall not be considered as an outdoor
industrial activity.
[Added 9-22-2016]
The keeping, locating, storing, stockpiling, maintaining,
housing or placing of any good, material or equipment of whatever
kind or nature or any vehicles, vessels, or any parts thereof, any
trailer or shipping or storage container, including roll-offs, between
the hours of 6:00 p.m. and 8:00 a.m. in any location other than within
an enclosed building.
[Added 2-13-1990; amended 12-6-1994; 9-22-2016]
A special purpose zoning district that overlays another zoning
district of the Town, or a portion thereof, and which provides therein
either more restrictive or less restrictive zoning standards than
the underlying zoning district.
[Added 4-24-2014]
A lot or part thereof used for the storage or parking of
motor vehicles with or without the payment of rent or charges in money
and/or other consideration.
A stall or berth which is arranged and intended for parking
of one motor vehicle in a garage or parking area, with a minimum width
of nine feet and a minimum length of 18 feet.
The land surface covered with asphalt, concrete, bricks,
cobblestones, gravel, plastic or similar material.
[Added 9-5-2000]
Facility for the provision of personal wireless services, as defined by Section 704 of the Telecommunications Act of 1996. A PWSF is any unstaffed facility for the transmission and/or reception of personal wireless services, usually consisting of an antenna array, transmission cables, equipment shelter and, a mount. See Chapter 242 of the Town Code.
[Added 5-15-2001]
A community of industries grouped according to an overall
master plan to guide the development and improvement of the entire
industrial park tract, which shall contain a minimum of two acres.
[Added 12-24-1968; amended 10-21-1986]
A tract or parcel of land located in the Planned Residential Development District, controlled by legal or beneficial owner or owners or other persons with enforceable proprietary interest, inclusive of the condominium ownership and/or lessee, such land to be developed as a single entity for a number of dwelling units with lot size (if lots are present), coverage, density, bulk of buildings or other dimensional regulations which do not correspond to any one residential district established by any other Article or section of this chapter, except as set forth in Article VI of this chapter.
[Added 5-20-1969; amended 2-1-1972][23]
A building or portion thereof used to service, repair, rent,
and/or sell lawnmowers, snowblowers, snowmobiles, personal watercraft,
and similar equipment.
[Added 3-22-2012]
The use of land for the outdoor storage of propane cylinders
for the purpose of sale, rent, lease, or trade.
[Added 7-13-2004]
Notice of the time and place of a hearing, meeting or proceeding
printed in the official newspaper of the Town of Smithtown, New York,
and the erection of a sign or signs on the premises, prior to the
time of such hearing, meeting or proceeding, as provided by law and
this chapter.
[Amended 4-2-1985; 9-12-1989]
Any nonprofit school, elementary or high, accredited by the
New York State Education Department; library; museum; fire station;
governmental administration building; civic center; passenger transportation
station or terminal; hospital; municipal garage; or church, synagogue
or similar place of worship, provided that said building is not used
in whole or in part for any commercial purpose.
Any building used or controlled exclusively for public purposes
by any department or branch of a state, county or municipal government.
Any building used principally for religious assembly.
Persons, firms and corporations supplying gas, electricity,
water, power, transportation, telegraph or telephone service to the
general public; and public utility machinery and equipment, which
shall include pipes, lines, wires and other conductors or conduits,
materials, apparatus, poles, towers, tanks, tools, vehicles, supplies
and storage facilities used by "public utilities."
A use of land, buildings or structures permitted in the Shopping
Center Business District, which contains over 30 acres of land, has
over 300,000 square feet of gross floor area and contains one or more
full-line department stores and serves a trade area population of
over 150,000.
[Added 5-23-1967]
A building for experimentation in pure or applied research
design, development and production of prototype machines or devices
or of new products and the uses accessory thereto. With respect to
the application of this chapter, such "research laboratory" shall
meet the standards of a nonnuisance industry.
An eating establishment in which food and/or beverages are
prepared and served to patrons seated at tables and/or counters inside
the building. The term "restaurant" shall not include the types of
eating or drinking establishments commonly known as "open-front restaurants,"
"curb-service roadside stands," "counter-service restaurants" or establishments
of the type at which food and/or beverages are consumed on the premises
outside the building, nor shall it include a tavern, bar, inn, discotheque
or any other similar use.
[Amended 6-26-1973]
An establishment wherein goods, wares, merchandise, produce,
commodities or similar articles are offered for sale or sold to the
general public or the ultimate consumer. The terms "retail establishment,
store or shop" shall not include any other use listed in the Table
of Use Regulations.[25]
[Added 1-7-1986; amended 11-7-2023 by L.L. No. 15-2023]
Any alteration of the surface or subsurface conditions of land by any activity that removes, deposits or disturbs rock, gravel, sand, silt, soil or any other geologic deposits. This term shall not be construed to include any site preparation activity for which a permit has been issued pursuant to the provisions of Chapters 112, Article II; 154, Article III; 245, Article IV; 248; 252; or 285 or Article XIII of this chapter of the Town Code.[26]
[Added 10-8-1985]
A building or portion thereof used primarily to accept packages
to be delivered via messenger or commercial carriers. The term "shipping
center" may be combined with printing and copying services.
[Added 3-22-2012]
Any surface, fabric, device, group of letters or display arranged, intended, designed, painted, drawn, erected, hung, constructed, maintained or used to convey information visually, which is exposed to public view, upon which is displayed or included forms shaped to resemble any human, animal, plant, product or similar physical object or any text, trademarks, banners, insignias, decorations, symbols, letters, numbers, figures or marks. See Article X for specific kinds and types of signs.
[Amended 6-25-1985][27]
The vertical distance measured between the top and bottom
of a sign.
[Added 6-25-1985]
Garbage; refuse; sludge; stumps; wood chips; discarded leaves,
grass, mulch, or other plant materials; or used concrete, asphalt,
brick, glass, wood, plastics, metal, ceramics, containers, or other
manufactured materials. The term shall not apply to waste or recyclable
material stored in cans, dumpsters, or compactors as an incidental
accessory use to residences, schools, offices, stores, restaurants,
and similar uses.
[Added 9-22-2016]
That portion of a building which is between one floor level
and the next higher floor level or the roof, except that the topmost
"story" shall count only where the wall plates are at least five feet
10 inches above the plate of the next lower "story."
That portion of a building which is between the topmost floor
level and the roof where the wall plates are less than five feet 10
inches above the plate of the next lower story, provided that the
floor area shall not exceed 1/2 the floor area of the next lower story.
[Amended 10-21-1986]
Any state, county or Town road or any "street" shown upon
a subdivision plat filed in the County Clerk's office.
The dividing line between a lot and a street.
Anything constructed or erected on or under the ground or
water or upon another "structure" or building. The portions of buildings,
garages, sheds, cabanas, gazebos, swimming pools, porches, patios,
decks, parking lots, driveways, stairs, steps, fences, retaining walls,
signs, lights, flagpoles, statues and similar items. For the purpose
of this chapter, truck facilities shall not be considered structures.[29]
[Amended 2-13-1990]
The use of land, buildings or structures permitted in the
Shopping Center Business District, which contains a minimum of 25
acres but less than 30 acres of land, has a minimum of 200,000 square
feet of gross floor area and serves a trade area population of between
100,000 to 150,000.[30]
[Added 9-24-1968]
A receptacle for water or an artificial pool capable of holding
water depth at any point of more than 24 inches deep at any point,
designed or intended for the purpose of the immersion or partial immersion
therein and including all appurtenant equipment. The word "pool" shall
be construed to mean in-ground, above-ground, on-ground outdoor water
pools, hot tubs and spas that are installed or constructed indoors
or outdoors.
[Amended 5-5-2009]
An establishment where mainly beverages are served with or
without food as an auxiliary accommodation.
[Added 6-26-1973]
A building or part of a building devoted to showing motion
pictures, musical entertainment or stage productions on a paid admission
basis. For purposes of this chapter, this use shall not include and
specifically prohibits any adult uses and adult entertainment as defined
in this chapter.
[Added 5-11-1999]
A type of theater for motion pictures, musical performances
or live acts that has more than two auditoriums and more than 500
seats.
[Added 4-25-1989]
The Town Engineer of the Town of Smithtown.
Three or more single-family attached homes (dwelling units),
each of which has its own access to the outside.
[Added 8-9-1983; amended 1-20-2022 by Res. No. 2022-109]
Includes a lot, land or structure, or any combination thereof,
where solid wastes, including but not limited to uncontaminated waste
resulting from construction, remodeling, repair and demolition of
structures and roads, masonry materials, concrete, drywall and refuse,
are taken from collection vehicles and placed in or exchanged with
other transportation units for movement to another facility or where
solid wastes are temporarily collected and/or processed and subsequently
placed in transportation units for transport to another facility.
This term shall not include any lot, land or structure or any combination
thereof which handles recycled asphalt products exclusively.
[Added 11-18-2003; amended 5-19-2005]
Any premises, except for retail stores, used for the maintenance,
repair or storage of four or more commercial vehicles at the same
time.
[Added 1-7-1986]
Accessory structure or mechanical equipment that is utilized
to allow vehicles to be stored above finished grade as an accessory
use to a motor vehicle or boat showroom.
[Added 1-23-2020 by L.L.
No. 2-2020]
A building or portion thereof used for the teaching of specialized
courses, including, but not limited to, business, trades, college
exam preparation, and driver education.
[Added 3-22-2012]
A work or structure of wood, stone or other materials or
combination thereof intended for defense, security, screening or enclosure
or for the retention of earth, stone, fill or other materials as in
the cases of retaining walls, bulkheads and seawalls.
The use of a building by retailers, wholesalers and other
commercial or industrial users, the principal activity of which is
the storage of commodities. This definition shall not be deemed to
include "mini-storage warehouses," as that term is defined within
this chapter.[31]
[Added 6-26-1973; amended 8-27-1985]
An establishment wherein goods, wares, merchandise, produce,
commodities or similar articles are offered for sale or sold only
in bulk or large quantities to wholesalers and retailers or to institutional,
industrial or business uses. A "wholesale business" does not include
any establishment wherein goods, wares, merchandise, produce, commodities
or similar articles are offered for sale or sold to the general public
or the ultimate consumer. Any business wherein goods, wares, merchandise,
produce, commodities or similar articles are offered for sale and
that has front windows comprising more than 25% of the area of the
front wall shall create a rebuttable presumption that the business
is a retail store or shop as defined in this chapter.
[Added 1-7-1986]
An agricultural processing facility, located on a site of
10 acres or more, used for the commercial purpose of processing grapes,
other fruit products, or vegetables to produce wine or similar spirits.
Processing includes crushing, fermenting, blending, aging, storage,
related administrative office functions, retail sales, and tasting
facilities for the products of the facility. A minimum of nine acres
of the winery site must be devoted solely to the cultivation of the
fruit products or vegetables to be processed on site into wine or
spirits. The winery must be licensed by, and operated in compliance
with the requirements of, the New York State Department of Agriculture
and Markets and the New York State Liquor Authority.
[Added 9-8-2009; amended 4-22-2010]
An accessory activity of a winery approved by the Town Board
which may include festivals, weddings, receptions, conferences, a
seasonal restaurant operation with a seating capacity of no more than
60 seats that operates only from March through October, and other
similar activities; provided that any such activities occur only Monday
through Thursday between 8:00 a.m. and sunset and Friday, Saturday,
and Sunday between 8:00 a.m. and 11:00 p.m.
[Added 4-22-2010]
The required open space extending along the street line of
any street on which the lot abuts.
The required open space extending along the rear lot line
(not a street line) throughout the whole width of the lot.
The required open space extending along the side lot line
from the front yard to the rear yard.
[1]
Editor's Note: The definitions of "appeal," "area of shallow flooding," and "area of special flood hazard," added 8-25-1987, as amended, which immediately followed this definition, were repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[2]
Editor's Note: The definition of "base flood," added 8-25-1987, as amended, which immediately followed this definition, was repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[3]
Editor's Note: The definition of "breakaway wall," added 8-25-1987, as amended, which immediately followed this definition, was repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[4]
Editor's Note: The definition of "coastal high-hazard area," added 8-25-1987, as amended, which immediately followed this definition, was repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[5]
Editor’s Note: The former definitions of “coin-operated
machines,” added 7-12-1966, and “commercial center,”
which immediately followed this definition, were repealed 11-3-2015.
[6]
Editor’s Note: The definition of “congregate care
facilities,” added 3-26-1991, which immediately followed this
definition, was repealed 4-4-2017.
[7]
Editor’s Note: The definition of "custom work, shop
for," which immediately followed this definition, was repealed 3-22-2012.
[8]
Editor’s Note: The definition of "discotheque," added
6-26-1973, as amended, which immediately followed this definition,
was repealed 3-22-2012. The definition of "drive-in restaurant," added
6-26-1973, which also followed, was repealed 3-8-1994.
[9]
Editor's Note: The definition of "elevated building," added 8-25-1987, as amended, which immediately followed this definition, was repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[10]
Editor's Note: The definition of "Federal Emergency Management Agency (FEMA)," added 9-12-1995, which immediately followed this definition, was repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[11]
Editor's Note: The definitions of "flood elevation study," added 9-12-1995, "Flood Hazard Boundary Map (FNBM)," "Flood Insurance Rate Map (FIRM)," "Flood Insurance Study," "flood or flooding," added 8-25-1987, "floodplain or flood-prone area," added 9-12-1995, "floodproofing," "floodway," and "floor," added 8-25-1987, as amended, which immediately followed this definition, were repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[12]
Editor's Note: The definition of "highest adjacent grade," added 8-25-1987, as amended, which immediately followed this definition, was repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[13]
Editor's Note: "This definition" refers to the previous definition
of "home occupation," which read as follows: "HOME OCCUPATION -- A
customary personal service occupation such as dressmaking, millinery
and home cooking, provided that such occupation shall be conducted
solely by members of the resident family and in the main building
only, that not more than the equivalent of 1/2 of the area of one
floor shall be used for such purposes, that there shall be no external
evidence other than a nameplate sign, that no stock-in-trade shall
be kept, and that no mechanical or electrical equipment is used except
customary household equipment. Beauty parlors, barbershops, hairdressing
and manicuring establishments shall not be deemed to be home occupations."
[14]
Editor’s Note: The definition of “home professional
office,” as amended, which immediately followed this definition,
was repealed 4-4-2017.
[15]
Editor’s Note: The definition of “lowest floor,”
added 8-25-1987, as amended, which immediately followed this definition,
was repealed 4-4-2017.
[16]
Editor's Note: The definitions of "manufactured home" and "mean sea level," added 8-27-1985, as amended, which immediately followed this definition, were repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[17]
Editor's Note: Original § 54-10Q of the 1964 Code
was repealed 10-21-1986.
[18]
Editor's Note: The definition of "National Geodetic Vertical Datum (NGVD)," added 8-25-1987, which immediately followed this definition, was repealed 9-12-1995 and 8-11-2009. The definition of "new construction," added 8-25-1987, as amended, which also followed this definition, was repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[19]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
[20]
Editor's Note: The Table of Use Regulations appears at the
end of this chapter.
[21]
Editor's Note: The definition of "one-hundred-year flood," added 8-25-1987, which immediately followed this definition, was repealed 9-12-1995 and 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[23]
Editor's Note: The original definition of "Planning Director"
in the 1964 Code, which immediately followed this definition, was
repealed 1-22-1981. The term was added again 1-25-1983 but was not
defined.
[24]
Editor's Note: The definitions of "primary frontal dune," added 9-12-1995, and "principally above ground," added 8-25-1987, as amended, which immediately preceded this definition, were repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention. The definition of "premises," which also preceded this definition, was repealed 3-22-2012.
[25]
Editor's Note: The definition of "sand dunes," added 8-25-1987, which immediately followed this definition, was repealed 9-12-1995 and 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[26]
Editor's Note: The definition of "satellite antenna," added
9-11-1984, which immediately followed this definition, was repealed
5-28-1991.
[27]
Editor's Note: The original definitions of "sign, business,"
"sign, real estate" and "sign, temporary," which immediately followed
this definition, were repealed 6-25-1985.
[28]
Editor's Note: The definition of "start of construction," added 8-25-1987, as amended, which immediately followed this definition, was repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[29]
Editor’s Note: The definition of “structure, built-prior,”
added 2-13-1990, which immediately followed this definition, was repealed
3-22-2012.
[Amended 6-25-1985]
A.
Interpretation. In applying and interpreting this chapter, its provisions
shall be held to be minimum requirements adopted for the promotion
of the public health, safety, morals, comfort, convenience or the
general welfare.
B.
Relation of Building Zone Ordinance to other provisions of law and
to provide covenants and agreements.
(1)
Nothing contained in this chapter shall be taken to repeal, abrogate,
annul or in any way impair or interfere with the Town Building Code[1] and the New York State Uniform Fire Prevention and Building Code [NOTE: Title 9, Subtitle S, Chapter I, of the Official Compilation of Codes, Rules and Regulations of the State of New York, Volume 9-Executive (B), 9 NYCRR] or any rules or regulations adopted or issued thereunder or the rules and regulations of the Department of Health Services of the County of Suffolk or any other provisions of law or ordinance or regulation, existing or as may be adopted in the future, when not in conflict with any of the provisions of this chapter, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land upon the height of the buildings or structures or requires larger lots, yards, courts or other open spaces than imposed or required by such other provisions of law, ordinance or regulation or by such easements, covenants or agreements, the provisions of this chapter shall control.
(2)
Wherever the provisions of any other law or ordinance or regulations
impose a greater restriction than this chapter, the provisions of
such other law or ordinance or regulations shall control.
(3)
No provision contained in this chapter shall be construed as justifying
the encroachment of any building or structure with any street lines
now or hereafter laid down on any subdivision plat filed in the office
of the County Clerk or within any state, county or Town road.
C.
The minimum required lot area, frontage, or yard for one building
or structure shall not be used as any part of the required lot area,
frontage, or yard for any other building or structure.
[Amended 6-24-2010]
D.
The parking spaces required for one building, structure or use shall
not be included in the computation of required parking spaces for
a second building, structure or use.
[Amended 6-24-2010]
E.
Where districts are referred to as "more restrictive" or "less restrictive," such designations shall refer to the order in which the districts are listed in § 322-5, with the first-named, or CF District, being the most restrictive.
[Amended 10-21-1986]
F.
The provisions of this chapter shall be deemed to be specific. Those
matters for which there is no specific provision in this chapter shall
be deemed to be prohibited.
G.
Each principal use shall have its own frontage on a public street,
and no principal use or structure shall be located behind any other
principal use.
[Added 10-21-1986; amended 12-6-1994]
H.
In all districts no lot area shall be made smaller than the minimum
lot required for that district in which the lot is located without
the approval of the Smithtown Planning Board.
[Added 10-21-1986]
I.
It shall be a violation of this chapter to solicit or advertise for purposes of selling or renting property or portions of property when such sale or rental will result in property being utilized in violation or contravention of the uses permitted in §§ 322-7B, 322-8B, 322-9B and 322-10B, Table of Use Regulations.
[Added 10-21-1986]
J.
Rental property registry.
[Added 7-16-2019]
(1)
Any
residential dwelling that is not owner-occupied must be registered
with the Town on the rental property registry.
(2)
A residential
dwelling must be leased or rented in its entirety as one dwelling;
no partitions for the purpose of dividing the residence into separate
apartments or multiple dwelling units shall be permitted.
(3)
No
person, real estate broker, or agent shall list, show, or occupy any
home that has not been registered with the Town.
(4)
Each
residential dwelling to be registered shall be accompanied by a nonrefundable
annual registration fee of $100. If a residential dwelling is not
registered, or the registration fee is not paid within 30 days of
when the registration or renewal is required pursuant to this section,
a late fee equivalent to 10% of the annual registration fee shall
be charged for every thirty-day period, or portion thereof, the property
is not registered and shall be due and payable with the registration.
[Amended 6-8-2021 by Res. No. 2021-643; 6-7-2022 by Res. No. 2022-576]
(5)
It
shall be the duty of the Department of Public Safety to maintain the
rental property registry.