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Town of Smithtown, NY
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Part II: General Legislation
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Chapter 322 Zoning
Chapter 322
Zoning
[HISTORY: Adopted by the Town Board of the Town of Smithtown as Ch. 54 of the 1964 Code.
[1]
Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Special Purpose Districts Table of Dimensional Regulations
Attachment 2 - Special Purpose Districts Table of Use Regulations
Attachment 3 - Residence Districts Table of Dimensional Regulations
Attachment 4 - Residence Districts Table of Use Regulations
Attachment 5 - Schedule of Sign Regulations
Attachment 6 - Business Districts Table of Dimensional Regulations
Attachment 7 - Business Districts Table of Use Regulations
Attachment 8 - Industrial Districts Table of Dimensional Regulations
Attachment 9 - Industrial Districts Table of Use Regulations
[1]
Editor's Note: A resolution adopted 12-18-1969 officially incorporated the Building Zone Ordinance into the 1964 Code.
Article I
General Provisions
§ 322-1
Title and short title.
§ 322-2
Declaration of purpose.
§ 322-3
Word usage; definitions.
§ 322-4
Application of regulations.
Article II
Districts and Boundaries on Building Zone Map
§ 322-5
Districts enumerated.
§ 322-6
Adoption of map; interpretation of boundaries.
Article III
District Regulations
§ 322-7
Intent of districts.
§ 322-8
Use regulations.
§ 322-9
Dimensional regulations.
§ 322-10
(Reserved)
§ 322-11
Prohibited uses.
Article IV
Supplementary Use and Building Regulations
§ 322-12
Placement of accessory buildings, structures and uses.
§ 322-13
Fences, walls, and berms.
§ 322-14
Height.
§ 322-15
Yards.
§ 322-16
Corner clearance.
§ 322-17
Swimming pools.
§ 322-18
Temporary storage of private mobile homes or house trailers.
§ 322-19
Environmentally sensitive lands.
§ 322-20
Required buffer yards and screening adjoining residential districts.
§ 322-21
Apartment, business or industrial groups; building layout and spacing between buildings.
§ 322-22
(Reserved)
§ 322-23
Research laboratory and nonnuisance industry.
§ 322-24
Planned industrial park.
§ 322-25
Drainage.
§ 322-26
Outdoor and window lighting.
§ 322-27
Schools.
§ 322-28
Counter-service restaurants and food retail.
§ 322-29
Local Waterfront Revitalization Program (LWRP).
§ 322-30
Satellite dish antennas.
§ 322-30.1
Mini storage warehouses.
§ 322-30.2
Adult retail shop or adult entertainment.
§ 322-30.3
Wireless telecommunications facilities.
§ 322-30.4
Variances in subdivisions.
§ 322-30.5
Hookah lounges, vape stores/lounges, smoke shops.
§ 322-30.6
Commercial public recreation, indoors.
Article V
Overlay Districts
§ 322-31
Declaration of policy and purposes.
§ 322-32
Criteria for overlay districts.
§ 322-33
Procedure.
§ 322-34
Specific overlay districts.
§ 322-35
through § 322-40. (Reserved)
Article VI
Planned Residential Development District
§ 322-41
Power to create district; purpose.
§ 322-42
Application requirements.
§ 322-43
Referral to Planning Department; open space.
§ 322-44
Review criteria; required plans.
§ 322-45
Filing of plats.
§ 322-46
Permitted uses.
§ 322-47
(Reserved)
§ 322-48
Building and elevation plans.
Article VII
Retirement Community District
§ 322-49
Declaration of policy.
§ 322-50
Minimum requirements.
§ 322-51
Design standards.
§ 322-52
Permitted uses.
Article VIII
R-6 Residential District
§ 322-53
Declaration of policy and purposes.
§ 322-54
Permitted and prohibited uses.
§ 322-55
Procedure.
§ 322-56
(Reserved)
§ 322-57
Requirements.
§ 322-58
Design specifications.
Article IX
Parking and Loading
§ 322-59
Off-street parking and truck-loading space required.
§ 322-60
Method of determining off-street parking requirements.
§ 322-61
Residential parking schedule.
§ 322-62
Nonresidential parking schedule.
§ 322-63
Truck-loading space schedule.
§ 322-64
Access driveway requirements.
§ 322-65
Design requirements.
§ 322-66
Parking garage.
Article X
Signs
§ 322-67
Declaration of policy.
§ 322-68
Compliance required.
§ 322-69
Permitted signs.
§ 322-70
Prohibited signs.
§ 322-71
Sign illumination.
§ 322-72
Miscellaneous provisions.
§ 322-72.1
Permits; fees; removal.
§ 322-72.2
Amortization.
§ 322-72.3
Severability.
Article XI
Nonconforming Uses, Lots and Structures
§ 322-73
Nonconforming uses.
§ 322-74
Nonconforming lots.
§ 322-75
Nonconforming structures.
§ 322-76
Compulsory termination.
§ 322-77
Certificates of existing use.
§ 322-78
and § 322-79. (Reserved)
Article XII
Board of Appeals
§ 322-80
General provisions.
§ 322-81
Procedure.
§ 322-82
Special exception uses.
§ 322-83
Variances.
Article XIII
Site Plan Review
§ 322-84
Declaration of policy.
§ 322-85
General provisions.
§ 322-86
Board of Site Plan Review.
§ 322-87
Compliance and standards.
§ 322-88
Application.
§ 322-89
Procedure.
§ 322-90
Appeals; revisions; recourse.
§ 322-91
Expiration of site plan approval; extensions.
§ 322-92
Certificates of occupancy.
§ 322-93
Failure to comply.
Article XIV
Special Exceptions; Amendments; Changes of Zone
§ 322-94
Petition procedure; notice and hearing requirements; adoption and withdrawal; fees; standards for special exception uses.
§ 322-95
Airports.
§ 322-96
Junkyards.
§ 322-97
Commercial public recreation uses, outdoor.
§ 322-98
Concrete products manufacture.
§ 322-99
Hospital; nursing home; adult home or assisted living facility.
§ 322-100
Hotel; motel.
§ 322-101
Bonus density for affordable housing units in retirement communities.
§ 322-102
Public utility.
§ 322-103
Sand mining.
§ 322-104
(Reserved)
§ 322-104.1
Winery events.
§ 322-104.2
Mixed-use buildings in the Hauppauge Industrial Park Overlay District.
Article XV
Administration and Enforcement
§ 322-105
Enforcement.
§ 322-106
Penalties for offenses; other remedies.
§ 322-107
Public records.