Town of Islip, NY
Suffolk County
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§ 68-135 Intent.

[Added 4-18-1978[1]]
A. 
It is the Town Board's intent to provide for the health, safety and welfare of residents and visitors of Islip on both the mainland and the barrier beach known as "Fire Island" by the protection of the barrier beach through this ordinance from development which does not take into consideration the natural function of a barrier beach and its ecological systems.
B. 
The Town Board hereby states its concern about life and property due to the overdevelopment of Fire Island both on the mainland and the aforesaid barrier beach. The Town Board is in full agreement with the United States Department of the Interior's general intent for preservation of Fire Island as a unique resource for present and future generations, consistent with the General Management Plan for the Fire Island National Seashore.
C. 
The Town Board hereby designates the Planning Board and the Zoning Board of Appeals to review the permitted uses enumerated in § 68-137 and § 68-137.1 pursuant to the intent of this ordinance.
[Added 4-5-2005]
[1]:
Editor's Note: Pursuant to this ordinance, former § 68-135, Permitted uses, was renumbered as § 68-136.

§ 68-136 Permitted uses.

[Amended 4-18-1978[1]; 4-8-1997]
A. 
In a Residence BAA District, no building, structure or premises shall be used or occupied and no building or part thereof or other structure shall be so erected or altered except for one of the following purposes:
(1) 
Single-family detached dwelling.
(2) 
Municipal park, municipal playground or municipal building or use.
(3) 
Public school.
[Added 3-23-1999]
B. 
Additional structures and accessory buildings may be erected on the same lot, provided that all requirements of this ordinance, including the minimum required width of lot, minimum required lot area, minimum required setbacks and maximum permitted floor area ratio (FAR) are met for each such additional use.
[1]:
Editor's Note: Pursuant to this ordinance, former § 68-136, Uses permitted by special permit from Town Board after public hearing, was renumbered as § 68-137.

§ 68-137 Uses permitted by special permit from Planning Board after public hearing.

[Amended 4-18-1978[1]; 4-8-1997; 4-5-2005]
The following uses shall be permitted upon issuance of a special permit by the Planning Board after a public hearing:
A. 
Private club mooring wharf for pleasure craft only, provided that there is no repair work or sale of any products other than petroleum products on the premises.
B. 
Private membership club, fraternity or lodge; provided, however, that no use shall be permitted when conducted for gain, profit or as a commercial venture.
C. 
Public utility.
D. 
Community building, church or other similar place of worship.
E. 
Private, parochial school or college or municipal use, including but not limited to a firehouse.
F. 
Private boathouse or bathhouse when not an accessory use to a one-family dwelling.
G. 
Historical or memorial monument.
H. 
Stores or offices in which goods or commodities or services are sold at retail with or without any outdoor sales, displays or storage when solely in support of community activities.
[1]:
Editor's Note: Pursuant to this ordinance, former § 68-137, Uses permitted as special exception by Board of Appeals after public hearing, was deleted.

§ 68-137.1 Uses permitted as special exception by Board of Appeals after public hearing.

[Added 4-8-1997]
A. 
Child day-care center as an accessory use to a church or similar place of worship, community building or educational institution subject to the following standards:
(1) 
A minimum lot area of 20,000 square feet shall be required.
(2) 
The use of cellars or basements shall be prohibited.
(3) 
The structure shall comply in all respects with New York State and Town of Islip Building and Fire Codes prior to the operation of the child day-care center.
(4) 
All applicable permits from any involved governmental agencies shall be obtained prior to the operation of the child day-care center.
(5) 
A minimum setback of 25 feet from the property line shall be provided and maintained in connection with the outdoor play area.
(6) 
The hours of operation of the outdoor play area shall be limited to 9:00 a.m. to 5:00 p.m. unless otherwise modified by the Board of Appeals.
(7) 
The location of the outdoor play area within the primary or secondary front yard shall be prohibited unless modified by the Board of Appeals.

§ 68-138 Accessory uses.

[Amended 4-18-1978]
A. 
The following accessory uses shall be permitted when located on the same lot with and when clearly incidental to the principal use:
[Amended 9-4-1984]
(1) 
Office of a physician, lawyer, architect, teacher, chiropractor, engineer, dentist or musician residing on the premises and when such use is incidental to such residence; provided, however, that such use shall be within the main building and occupying not more than 1/3 of the first floor area. The storage of radioactive materials for therapeutic usage with human beings shall be permitted by hospitals and duly licensed physicians, when approved by the New York State Department of Health.
(2) 
Signs, as permitted and regulated in Article XXXVIII.
(3) 
Other customary accessory uses, structures and buildings, excluding garages and guesthouses, and including but not limited to sheds for storage, decks and ramps and aboveground swimming pools, subject to compliance with all other applicable provisions of this article and of the Code of the Town of Islip. No accessory use shall be equipped with cooking facilities. An accessory use does not include any activity commonly conducted as a business.
(4) 
Hot tub or spa provided that the size of such hot tub or spa does not exceed seven feet by seven feet, or 49 square feet, in area or a height of four feet.
[Added 5-28-2008]
B. 
Any accessory building shall be located on the same lot with the principal building, and no accessory building shall be constructed on a lot until the construction of the main building has actually been commenced, and no accessory building shall be used unless the main building on the lot is completed and used.
C. 
Whenever a use has been authorized by special permit pursuant to § 68-137, no accessory use shall be permitted unless the same shall have been specifically authorized by the Planning Board.
[Amended 4-5-2005]

§ 68-138.1 Prohibited uses.

[Added 4-8-1997]
All uses not expressly permitted are prohibited.

§ 68-139 Height.

[Amended 4-18-1978]
A. 
In a Residence BAA District, no building or structure shall be erected to a height in excess of 28 feet as measured from the elevation at the center of an established walkway or from the average grade of the lot, whichever is less, to the ridge or peak of the roof or structure. In no case shall a building or structure exceed two stories in height.
[Amended 12-19-1978]
B. 
Accessory structures shall not exceed 14 feet in height or shall be a maximum of one story, whichever is less.
[Amended 1-14-2003]
C. 
Exceptions subject to Town Board approval. The following, after receiving Town Board approval, shall be exceptions:
(1) 
A church or other place of worship.
(2) 
(Reserved)[1]
[1]:
Editor's Note: Former Subsection C(2), which provided for a flagpole, was repealed 9-11-2001. See now Subsection D.
(3) 
A stack, chimney or standpipe.
(4) 
A water tank.
D. 
Flagpoles shall not exceed 18 feet in height.
[Added 9-11-2001][2]
[2]:
Editor’s Note: Former Subsection E, Additional exceptions, added 6-8-2010, and which immediately followed this subsection, was repealed 3-5-2013.

§ 68-140 (Reserved) [1]

[1]:
Editor's Note: Former § 68-140, Percentage of lot occupancy and floor area ratio, was repealed 6-8-2010.

§ 68-141 Area density.

A. 
The minimum required plot area for a single-family dwelling shall be 6,000 square feet.
B. 
The minimum required plot area for other permitted buildings not accessory buildings shall be 20,000 square feet.[1]
[1]:
Editor's Note: Former Subsection C, which immediately followed, regarding separate ownership, was repealed 6-8-2010.

§ 68-142 Living area.

[Amended 4-18-1978; 12-19-1978; 5-7-1985; 11-1-1988; 3-24-1992; 9-11-2001; 6-8-2010]
A. 
For a single-family dwelling hereafter erected, the minimum required ground floor area, exclusive of accessory uses, such as open porches, breezeways, sheds, decks, ramps and other such uses, shall be 600 square feet.
B. 
(Reserved)
C. 
The maximum gross floor area for a single-family dwelling hereafter erected, inclusive of all accessory structures unless specifically excluded in this chapter, shall not exceed an FAR of 0.30.
[Amended 8-5-2014]
D. 
(Reserved)
E. 
For the purpose of this chapter, "deck" shall be defined as a single- or multi-level flat, open-floored, roofless structure more than four feet in width which is designed as an accessory use to a dwelling. All decks on Fire Island shall conform to the roofless deck and patio requirements in § 68-407 and are subject to the definition of "gross floor area" in § 68-3.
[Amended 8-5-2014]

§ 68-143 Width of lot.

A. 
Minimum requirements.
(1) 
The minimum width of a lot for a single-family dwelling in a Residence BAA District shall be 60 feet throughout.
(2) 
The minimum width of a lot for other permitted buildings in a Residence BAA District shall be 100 feet throughout.
B. 
Exception. A lot need not have the required width throughout, as long as the following requirements are met:
(1) 
Said lot is 60 feet in width as measured parallel to and 25 feet back from the front property line.
(2) 
Said lot has frontage on a cul-de-sac or curvilinear road where the side lines of the lot are straight but not parallel and has a minimum width of 50 feet at the front property line.
(3) 
Said lot otherwise complies with all the requirements of this chapter.
C. 
Separate ownership. A single-family dwelling may be erected on any lot which was separately owned at the time of passage of this ordinance or on any lot separately owned at the time of any amendment thereto heretofore adopted, and which has not come into common ownership with adjoining property and conforms to the width of lot requirements of the Amended Zoning Ordinance prior to any such amendment and conforms to all other minimum requirements of this chapter.

§ 68-144 Front yard.

A. 
Main buildings. All buildings except accessory buildings hereafter erected shall have a required front yard of 25 feet.
B. 
Corner lots. All main buildings hereafter erected on a corner lot shall also have a front yard facing the side street. This front yard shall be at least 15 feet.
C. 
Through lots. A minimum front yard setback of 25 feet shall be required on both street frontages on a through lot.
D. 
Accessory buildings; sanitary systems.
(1) 
An accessory building in a Residence BAA District shall have a minimum front yard setback of 60 feet.
(2) 
An accessory building on a corner lot shall be set back a minimum of 75% of the total depth of the lot and shall in no case be nearer than 10 feet to the side or rear property line.
(3) 
Sanitary systems above grade by more than 12 inches shall be set back a minimum of 15 feet from any street frontage.
[Added 4-8-1997]

§ 68-145 Side yards.

A. 
Dwellings. All main buildings hereafter erected shall have a side yard along each lot line other than a street or rear line. The sum of the width of the two side yards for a single-family dwelling shall be a minimum of 25 feet with a minimum width of either of such side yards of 10 feet.
B. 
Other permitted buildings. The sum of the width of the two side yards for any other permitted building not an accessory building shall be 30 feet with a minimum width of either of such side yards of 15 feet.
C. 
Accessory buildings; sanitary systems.
(1) 
No accessory buildings or hot tubs shall be closer to any side yard than 10 feet.
[Amended 10-13-2010]
(2) 
No sanitary systems above grade by more than 12 inches shall be closer to any side yard than 10 feet.[1]
[Added 4-8-1997]
[1]:
Editor's Note: Former Subsection D, regarding separate ownership, which immediately followed, was repealed 10-13-2010.

§ 68-146 Rear yard.

A. 
Dwellings and other permitted buildings. All main buildings hereafter erected shall have a minimum rear yard whose depth is not less than 25 feet.
B. 
Accessory buildings; sanitary systems.
(1) 
Accessory buildings or hot tubs shall not be nearer to a rear line than 10 feet.
[Amended 10-13-2010]
(2) 
Accessory buildings shall not occupy more than 12 1/2% of the rear yard area.
[Amended 4-18-1978]
(3) 
Sanitary systems above grade by more than 12 inches shall not be closer to any real property line than 10 feet.
[Added 4-8-1997]

§ 68-146.1 (Reserved) [1]

[1]:
Editor's Note: Former § 68-146.1, Building separation, was repealed 6-8-2010.

§ 68-147 Permitted encroachments.

The following encroachments are hereby permitted:
A. 
Cornices, eaves, gutters and chimneys projecting not more than 24 inches.
B. 
Bay windows and fireplaces not wider than six feet and not projecting more than 24 inches.
C. 
Open and unroofed entrance platforms or terraces not more than six feet in width nor more than three feet in height. The Commissioner of Planning and Development, or the Commissioner's designee, may vary this requirement upon a showing of necessity to enter the permitted building from a greater height or distance. Only that height or distance that is necessary to enter the dwelling from average grade may be permitted.
[Amended 1-14-2003; 4-5-2005]
D. 
Unenclosed porches encroaching not more than five feet from the minimum front yard requirement and not more than three feet in height as measured from the existing grade of property. This exemption shall not apply to secondary front yards, nonconforming front yard setbacks and nonconforming uses. In no case shall any unenclosed porch have a depth, at any point, greater than 10 feet. Depth shall be measured from the furthest point of the front line of the main dwelling from the street property line to the outside face of the porch.
[Added 1-14-2003]
E. 
Open and unroofed decks encroaching not more than five feet from the minimum front yard requirement and not more than three feet in height as measured from the existing grade of property. This exemption shall not apply to secondary front yards, nonconforming front yard setbacks and nonconforming uses. In no case shall any open or unroofed deck have a depth, at any point, greater than 10 feet. Depth shall be measured from the furthest point of the front line of the main dwelling from the street property line to the outside face of the deck.
[Added 1-14-2003]

§ 68-148 (Reserved) [1]

[1]:
Editor's Note: Former § 68-148, Separately owned lots, was repealed 10-13-2010. See now § 68-20.1.

§ 68-149 Fences.

(See Article XXX.)

§ 68-149.1 Swimming pools.

[Added 4-18-1978; amended 9-4-1984]
A. 
No in-ground swimming pools, in-ground wading pools, in-ground water use structures of this or a similar type shall be erected. As stated in the Town of Islip Comprehensive Plan, Fire Island should continue to serve two major functions:
(1) 
Serve as a natural and protective barrier for the Great South Bay and Mainland.
(2) 
Serve as a resource for increased recreational activity within the natural setting.
B. 
The Town Board finds that the above uses therefor represent an overintensification of property use on Fire Island in light of the high development density of the area, an intrusion on the peace and tranquility of living styles on Fire Island and an unnecessary accessory use to a residential dwelling in light of the swimming and bathing opportunities readily available to all residents of the beach.
C. 
Aboveground swimming pools shall be permitted as of right as an accessory use, provided that the following requirements are met:
(1) 
The parcel of land on which the swimming pool is to be erected and maintained shall have and continue to have a lot area of not less than 12,000 square feet.
(2) 
(Reserved)[1]
[1]:
Editor's Note: Former Subsection C(2), which prohibited any portion of a swimming pool from being erected within the Ocean Front Dune District AAAB, was repealed 9-11-2001.
(3) 
All other requirements of this article and Article XXVIII are met.
D. 
A lot need not have the required lot area so long as the current property owner was previously granted a temporary special exception by the Zoning Board of Appeals prior to the elimination of the former Islip Town Code § 68-149.2 on December 12, 2006. In such cases, the Zoning Board of Appeals is empowered to renew the prior temporary special exception subject to compliance with the following requirements:
[Added 12-12-2006; amended 4-22-2014]
(1) 
A temporary special exception to erect and maintain an aboveground swimming pool was granted by the Zoning Board of Appeals to the current property owner prior to the elimination of the former Islip Town Code § 68-149.2 on December 12, 2006; and
(2) 
It is demonstrated, by sufficient documentary proof and at a public hearing, that the property owner or his/her spouse or child is impacted by a neurological or muscular disease which requires treatment by aquatic therapy. Such proof must contain, at the minimum, a statement by a medical doctor licensed to practice in the State of New York which sets forth the current neurological or muscular condition of the person having the physical hardship as well as the basis necessitating the use of the swimming pool for therapeutic purposes.
E. 
The following regulations and criteria must be followed by the Board when renewing the temporary special exception to maintain an aboveground pool not having the required plot area:
[Added 4-22-2014]
(1) 
The temporary special exception may be granted for a maximum period of three years and can only be renewed after compliance with § 68-149.1D is demonstrated at a public hearing.
(2) 
The temporary special exception may be granted only to the owner of the property.
(3) 
The temporary special exception is not transferrable and shall terminate automatically upon the transfer of the property; the death of the individual having the medical hardship; or upon any violation of this section.
(4) 
There must be a statement of nontransferability included on every certificate of occupancy or other document acknowledging approval of the temporary special exception contemplated herein which states:
ZBA APPLICATION # [ - ] TEMPORARY SPECIAL EXCEPTION TO MAINTAIN ABOVEGROUND SWIMMING POOL. EXPIRES THREE (3) YEARS FROM THE DATE OF ZONING BOARD APPROVAL. NONTRANSFERRABLE.
(5) 
The statement of nontransferability must also be incorporated in an instrument in recordable form and must be recorded against the property in the Suffolk County Clerk's office at the expense of the applicant. Proof of the recording must be filed at the offices of the Zoning Board of Appeals before any approval shall take effect.

§ 68-149.2 (Reserved) [1]

[1]:
Editor's Note: Former § 68-149.2, Temporary special exception to erect and maintain aboveground swimming pools, added 9-4-1984, as amended, was repealed 12-12-2006.

§ 68-149.3 Special procedure.

[Added 4-18-1978]
A. 
Before any permit concerning a building, structure or premises or part thereof, its use or occupation or its alteration or erection is issued, the applicant must comply with the procedure set forth in the Environmental Quality Review Ordinance, Chapter 13B.
B. 
The National Park Service shall hereafter be granted the right to be a party to any Town hearings on permit applications concerning Fire Island.

§ 68-149.4 Special regulations dealing with Fire Island.

[Added 4-8-1997]
A. 
All development on Fire Island shall conform in all respects with all federal, state and county rules and regulations unless so modified by said agencies.

§ 68-149.5 Exterior site improvements and land clearing.

[Added 1-14-2003]
The exterior site improvements and land clearing of property shall be regulated under the Residential AAA District requirements of § 68-59.01 and Article XXXI of this chapter.