In a Business District (BD), 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 or more of the following purposes:
D. Store, office, medical office, delicatessen, or bank.
[Amended 7-12-2022]
H. Personal service establishments, including but not limited to barbershops, beauty parlors or shoe repair shops.
I. Laundromat, provided a maximum of 30% of the overall building street frontage is utilized for the use.
[Amended 3-14-2023]
J. Retail dry-cleaning establishment using New York Board of Fire Underwriters' Class I liquids.
K. Place of business of the following and businesses of a similar and no more objectionable nature, provided that any manufacture or processing of goods on the premises is clearly incidental to retail business conducted on the premises. The parking requirements and necessary site improvements for these uses are to be determined by the Planning Board.
[Amended 4-5-2005; 2-28-2017]
| Baker | Florist | Photographer |
| Confectioner | Furrier | Printer |
| Decorator | Milliner | Tailor |
| Dressmaker | Optician | Needle Trades |
| Artist | Artisan | Hand-craftsmen |
| Microbrewer | | |
L. Nonprofit fraternity or lodge.
M. Historical or memorial monument.
N. Church or other similar place or worship, or parish house, provided that a minimum buffer area of 25 feet in accordance with Town standards is maintained adjacent to any residential use or zone and a site plan is submitted to and approved by the Planning Board, or its designee, indicating compliance with all applicable land development standards.
[Amended 4-8-1997]
O. Automobile parking field, provided that a site plan is submitted to and approved by the Planning Board or its designee in accordance with all Town standards.
[Amended 4-8-1997]
P. Additional structures and accessory buildings may be erected on the same lot, provided that all requirements of this ordinance are met.
Q. Funeral parlor/home.
[Added 1-7-1986; amended 4-8-1997; 8-5-2014]
T. Veterinarian, provided that all activities take place within the building.
[Added 4-8-1997]
V. Public, private or parochial school, including child day-care centers, preschool programs, elementary and secondary schools, vocational schools and other non-degree-granting schools, including self-defense, dance, swimming, gymnastics and similar instruction/programs, except those associated with manufacturing or truck driving.
[Added 3-23-1999; amended 8-5-2014]
[Added 11-14-1995; amended 4-8-1997; 3-23-1999; 9-12-2000]
A. Minor restaurant, except as otherwise provided herein.
B. Outside display, except as otherwise provided herein.
D. Health club, except as otherwise provided herein.
F. Private or parochial college or university excluding dormitories and other college or university residential uses.
G. Mixed-use building, provided the commercial use occupies a minimum of 30% of the gross floor area of the building.
[Amended 2-28-2017]
H. Private parking garage as an accessory use to a permitted principle use.
I. Restaurant.
[Amended 9-11-2001]
J. Any single-user freestanding retail use in excess of 10,000 square feet of gross floor area.
[Added 4-5-2005]
K. The location of a bank drive-in window as accessory to a bank facility.
[Added 4-5-2005]
M. Bar, tavern, or night club.
[Added 10-25-2011]
N. Outside seating and/or outside bar service as an accessory use to a permitted bar, tavern or nightclub, subject to the following requirements:
[Added 10-25-2011]
(1) The outdoor area shall be located a minimum of 150 feet from any single-family residence.
(2) Outdoor loudspeakers of any kind shall not be permitted.
(3) The outside area shall not be permitted to operate past 2:00 a.m.
(4) Outside seating shall be permitted on the sidewalk area adjacent to a dedicated roadway between the hours of 10:00 a.m. and 11:00 p.m. for dining purposes only, provided it does not encroach onto the sidewalk by more than 50% and further provided there is a minimum unobstructed sidewalk area of eight feet. If on-street parking is permitted adjacent to the sidewalk, then a minimum unobstructed sidewalk area of five feet shall be required. The service and consumption of
alcohol shall only be permitted as clearly accessory and incidental to the service of food.
[Amended 6-19-2012]
O. Assembly and social recreation hall.
[Added 6-19-2012]
[Added 4-8-1997]
All uses not expressly permitted are prohibited.
[Amended 11-1-1988; 9-11-2001]
C. The minimum required plot area for business uses shall be 7,500 square feet except as otherwise provided herein.
E. The minimum required plot area for a community building, nonprofit fraternity or lodge, church or other similar place of worship, or parish house, funeral parlor/home, public school, private or parochial school, university or college dormitory, and community theater shall be 20,000 square feet.
[Amended 9-11-2001]
No side yards shall be required except as otherwise provided in the Building Code.
[Amended 3-14-2023]
The following encroachments are hereby permitted:
A. For mixed-use buildings, the following shall be permitted to exceed the maximum height permitted by five feet:
(1) Gable or similar type roofs, elevator shafts, parapet walls and railings, mechanical equipment, including those used for renewable energy (must be properly screened pursuant to the satisfaction of the Commissioner of Planning or his/her designee), cupolas, steeples, chimneys, rooftop gardens or similar amenities, or other architectural features intended to provide superior architectural design.
[Amended 9-4-1973]
This district is specifically designed to encompass the so-called "downtown" areas of the Town of Islip. These areas do not have adequate parking, and in each "downtown" section the Town has endeavored to purchase land and provide parking itself. Therefore, the following guidelines are to be followed:
A. Parking. Any new building or change of use to a use requiring more parking shall be required to provide parking on site pursuant to the Table of Minimum Required Parking Spaces, which is located in Town of Islip Subdivision and Land Development Regulations (https://www.islipny.gov/community-and-services/documents/planningdevelopment/engineering/303-town-of-islip-subdivision-and-land-develppmentregulations/file), except as provided herein. Where there is more than one use, the minimum requirements shall be cumulative for all uses. If requesting a parking relaxation, applicant shall submit a parking management plan to demonstrate that the parking arrangement will satisfy the purposes of the parking requirements, resulting in approvals if demonstrated to the satisfaction of the Planning Board. An applicant may demonstrate alternative methods of providing parking, including, but not limited to, off-street parking requirements on another site, within walking distance, upon review and approval of the Planning Board, pursuant to agreements in place.
[Amended 3-14-2023]
B. Parking within the front yard area shall be prohibited. All parking shall be located to the rear or side of the building pursuant to the direction of the Planning Board.
[Added 4-8-1997]
C. If a new building is constructed, if an existing building is altered or expanded so as to increase its total floor area or if the use of a building is changed to one which generates a need for more parking spaces than required by the previous use, then parking facilities must comply with Article
XXXI of Chapter
68 and the Subdivision and Land Development Regulations.
[Amended 5-7-1985; 8-19-1986; 4-5-2005]
D. Curbs and curb cuts. Curbing shall be installed on all street frontages in accordance with Article
XXXI. Curb cuts are to be located and maintained in accordance with Article
XXXI.
E. Sidewalks. Sidewalks shall be installed along all street frontages in accordance with Article
XXXI.
F. Screen planting. Screen planting shall be installed in accordance with Article
XXXI. A minimum buffer area of 25 feet in width in accordance with Town standards shall be provided and maintained adjacent to any residential use or zone.
[Amended 4-8-1997]
G. Buildings. Windows of occupied or unoccupied buildings shall not be removed nor shall such windows be boarded up for a period exceeding 10 working days without the approval of the Commissioner of the Department of Planning and Development. Such approval may be granted by the Commissioner in those circumstances where the building is under construction or reconstruction, has been damaged by fire or when the owner or occupant, for reasons beyond his control, is unable to obtain replacement materials.
[Added 2-5-1985; amended 3-14-2023]
H. Except as provided herein, all improvements required pursuant to the Islip Town Code and Subdivision and Land Development Regulations shall be maintained.
[Added 4-8-1997]
[Amended 9-15-2020]
Prior to the submission of any new construction building permit applications, representative exterior architectural drawings shall be approved by the Planning Division. The Planning Division shall review the plans for overall building design, materials, colors, screening and other architectural consideration. A denial of architectural approval by the Planning Division may be appealed to the Planning Board.
A. Building materials. All new buildings should preserve or improve the neighborhood character achieved through the integration of form, style, and the use of materials. Exterior walls shall be designed and constructed using quality building materials appropriately applied to create aesthetically pleasing and enduring structures that contribute positively to the overall character of the area. Building materials shall be of high quality and shall be utilized in a manner appropriate to their properties, where heaviest appearing materials are kept at the base. The use of EIFS and decorative concrete block shall be limited.
[Amended 3-14-2023]
C. Building façade and design. Building facades that face the street or have a prominent exposure to other public areas shall include design measures that increase the building's aesthetic appeal to enhance and reinforce existing design qualities found in the neighborhood. Such measures shall include:
[Amended 3-14-2023]
(1) All buildings should provide at least two horizontal expression lines appropriate for the scale of the building to differentiate between the base, middle or top of buildings and emphasize a massing transition or change of use, articulated through the use of material, moldings shading devices, changes of material, changes of color, cornices, and other similar architectural elements.
(2) Facade elements, including visual structural elements, openings, and details should utilize a coherent system of vertical proportions achieved by, and not limited to, changes in material, color, recessed sections, different cornice height or different roof condition.
(3) Articulation of the building facade by incorporating elements such as porches, terraces, bay windows, dormers, pilasters, or building setbacks.
(4) Architectural details (such as brackets, banding, railings, chimneys, entry columns, or window shutters) shall be designed to incorporate compatibility with the architectural qualities of prominent buildings in the neighborhood.
(5) Buildings shall have a first level facade of the primary street frontage that is transparent (glass) between three feet and eight feet above the ground for at least 70% of the horizontal length of the building facade.
(6) There shall be at least one commercial door entrance for every 75 feet of street frontage.
(7) 50% of the ground level structured parking on primary street frontage shall have at least 10 feet of building space as a lining use.
D. Screening. Rooftop equipment, mechanical equipment, structured parking, dumpsters, loading areas, etc., shall be screened consistent with the building style or, for ground-level features, with fencing and/or landscaping.
[Amended 3-14-2023]
E. Signage. Signage within the Business District is not subject to the uniform design requirements as outlined in §
68-397B(6)(a); however, all signage is subject to the review and approval of the Planning Division in terms of design compatibility, color, materials, height, and size. All other requirements as outlined in §
68-397B(6) shall apply.
F. Mixed-use buildings. All mixed-use buildings shall:
[Added 3-14-2023]
(1) Have a minimum of 12 feet floor-to-floor for the first floor of commercial uses and a minimum of eight feet for upper floors.
(2) Differentiate between the base, middle or top of the building, and emphasize a transition of a change of use.
(3) Provide a residential lobby for buildings with four or more apartments, in a location that is convenient to its residents.