Town of Smithtown, NY Article IV Supplementary Use and Building Regulations

§ 322-12 Placement of accessory buildings, structures and uses.

[Amended 9-28-1971; 3-4-1975; 5-2-1978; 4-14-1981; 7-7-1981; 3-2-1982; 6-26-1984; 6-25-1985; 1-7-1986; 2-13-1990]

A. Except for underground septic systems, no accessory use shall be permitted unless it is on the same plot and in the same class of zoning district as an existing permitted or lawfully nonconforming principal use; further, parking spaces must be within 500 feet of the building which they intended to serve.

B. Except as provided for in Subsection D below, no accessory structure shall be permitted in the required front yard or side yard, regardless of whether the accessory structure is between the principal building and side property line. (See figure below.)

C. No outdoor storage, as that term is defined in § 322-3, shall exist except pursuant to an approved site plan.

D. The following accessory structures may be located within the required front or side yard, provided that they comply with all other provisions of this chapter: fences, walls, retaining walls, driveways, curbs, parking areas, drainage structures, lighting, signs, septic systems, underground fuel tanks, utility cables and pipes, litter baskets, fuel pumps and benches.

E. Access driveways to required off-street parking areas and truck-loading spaces shall lead to a public street over the same lot or by means of a permanent easement across an adjoining lot.

F. Private garage floor area within principal buildings shall not exceed 750 square feet.

[Amended 2-22-1999]

G. (Reserved)[1]

[1] Editor's Note: Former Subsection G, regarding the location of detached accessory buildings, was repealed 9-27-2007.

H. Swimming pools shall be at least six feet from all dwellings.

[Added 3-23-1993;[2] amended 9-27-2007; 10-2-2012]

[2] Editor's Note: This amendment also redesignated former Subsections H, I, J and K as Subsections I, J, K and L, respectively.

I. Outdoor storage and display shall not be permitted in any district except as an accessory use and in accordance with the following requirements:

(1) The storage of manure or odor- or dust-producing substances shall be in a waterproof container and shall not be permitted within 50 feet of any side or rear lot line or within 100 feet of any front lot line.

(2) Solid waste shall not remain on the premises for more than one week and must be stored in closed waterproof containers; furthermore, the lot area used for the storage of refuse shall not exceed 1% of the gross floor area of the site.

(3) For uses other than one- and two-family dwellings, refuse containers or compactors must be screened from view from adjoining properties and highways.

[Amended 11-3-2015]

(4) Charity drop boxes may be placed only on commercial, industrial and institutional sites, provided that the boxes are set back more than 10 feet from all property lines and do not encroach on any required planting areas, parking areas, driveways or areas needed for traffic safety.

(5) (Reserved)[3]

[3] Editor's Note: Former Subsection I(5), regarding outdoor storage of large vehicles, was repealed 12-10-1996. See now Subsection N of this section.

(6) For institutional, business and industrial uses, no outdoor storage or outdoor display shall be permitted except in conformity with an outdoor storage or outdoor display area shown on a site plan approved pursuant to Article XIII.

(7) Motor vehicle and boat showrooms.

[Amended 11-19-1996; 10-7-1997]

(a) Unregistered motor vehicles and boats shall not be parked, stored or displayed in required parking areas. No vehicles shall be parked, stored or displayed in drive aisles and landscape areas.

[Amended 10-4-2016; 1-23-2020 by L.L. No. 2-2020]

(b) Outdoor storage and display shall not exceed three times the gross floor area.

(c) Not more than one vehicle or boat per 100 feet of frontage on a public street shall be displayed or stored above the approved grade within the front yard, which shall include the entire area between the street and the principal building. Vehicle platforms shall not exceed four feet in height. Platforms or lifts for display purposes shall not create visual obstruction and shall not be located in an area that is reserved for landscaping, customer parking, required setback, or a public right-of-way.

[Amended 1-23-2020 by L.L. No. 2-2020]

(d) Vehicle storage racks shall be subject to the following limitations:

[Added 1-23-2020 by L.L. No. 2-2020]

[1] Racks or lifts shall only be permitted on portions of property that are zoned WSI, and the locations shall be subject to approval by the Board of Site Plan Review.

[2] Racks shall only be used for storage. Outdoor repair/vehicle maintenance or any other use shall not occur on racks.

[3] Rack locations shall be permitted in the rear of the principal building and in no case less than 10 feet from any lot line and 50 feet to a residence district.

[4] Vehicle storage racks shall be screened from view from all adjacent streets, public rights-of-way, and adjacent properties.

[5] Vehicle storage rack locations shall be permitted in the rear yard only and shall meet principal structure setback requirements.

[6] Vehicle storage racks shall only be used for storage; no outdoor repair, vehicle or boat maintenance, or any other use shall be permitted.

[7] In the case where the Zoning Board of Appeals has granted either a variance or a special use permit to use the residential portion of a property for business, vehicle storage racks for the storage of inventory or customers' vehicles or boats are specifically prohibited from being located in the area of the lot that is the subject of such a grant.

(8) The parking and/or storage of motor vehicles, trailers, boats and similar articles shall not be permitted in the required front yard, except on paved surfaces. For residential uses, except garden apartments and townhouse dwellings, not more than 25% of the required front, side or rear yards shall be paved surfaces, except that the maximum paved surface in the required front yard shall be increased as necessary to accommodate a twelve-foot swath for a circular driveway; and the maximum paved surface in one side yard shall be increased as necessary to accommodate a driveway not exceeding 10 feet in width for access to a detached garage, or increased to 50% for a side-entry garage; and paved surfaces shall be set back at least one foot from side and rear lot lines.

[Amended 9-5-2000; 10-2-2012]

(9) For nurseries, the outdoor storage and display of live plants shall be permitted to the extent that such storage and/or display does not encroach on any parking or truck-loading areas or driveways needed for traffic safety. The outdoor storage of mulch, supplies, equipment and vehicles shall not exceed 25% of the outdoor storage of live plants.

(10) An owner, tenant or occupant of private property in a residence district may store not more than one unregistered motor vehicle on a residential lot. Unless enclosed in a building, the unregistered vehicle must be covered at all times with an automobile cover that shall be kept in good repair and/or the unregistered vehicle shall be screened from the view of adjacent properties and the abutting streets through the use of shrubbery and/or fencing in accordance with the Town Code.

[Amended 10-7-1997; 10-4-2016]

(11) In the WSI District, outdoor storage and display shall not exceed two times the gross floor area of the site, except for nurseries, motor vehicle showrooms and boat showrooms.

(12) In the WSI District, outdoor storage and display shall be set back at least 25 feet from the front property line and 25 feet from any residence district; shall not exceed six feet in height, except for vehicles and plants, provided that they are stored on the ground and are not stacked, except as provided for in § 322-12I(7); and shall not be located in any required buffer area or planting or maneuvering area. In the HI District, outdoor storage shall not be located in the required front yard.

[Amended 10-7-1997; 9-22-2016; 1-23-2020 by L.L. No. 2-2020]

J. The harboring or stabling of horses or ponies shall be in compliance with the following requirements:

(1) The proposed use shall be on not less than 1/2 acre of land.

(2) There shall not be more than one horse or pony per 1/2 acre of land, except that on a plot of 3/4 acre two such animals may be permitted. On a plot of one acre, three such animals may be permitted. Additional horses or ponies may be permitted at the rate of one such animal per additional 1/2 acre. The use shall be accessory to the principal residential use of the property or shall be for the purpose of agricultural use. All activities shall be conducted for the use of the resident. No boarding or rental of horses or ponies shall be permitted whatsoever.

(3) All horses or ponies shall be sheltered in barns, stables or other roofed structures which shall be constructed and maintained in accordance with the Building Code[4] of the Town of Smithtown and pursuant to all applicable provisions of this chapter.

[4] Editor's Note: See Ch. 112, Building Construction.

(4) All horses or ponies shall be harbored in a fenced-in area that does not encroach into any required front or side yard. Furthermore, the fence shall be set back at least six feet from any side or rear property line. The fence shall be between four and six feet in height and shall be constructed of suitable material. All enclosures shall provide for a gate with a safety latch or lock.

K. In the SCB, CB and NB Districts, game rooms shall be permitted as an auxiliary and incidental use for the following uses only: taverns, restaurants, counter service restaurants, discotheques, hotels and motels. Only one game room shall be permitted per site. The floor area of the building used as a game room shall not exceed 10% of the total building area or 250 square feet, whichever is less, and further, no sign referring to said game machines or game rooms shall be erected, affixed or maintained in such a way as to be visible from the exterior of the building.

L. Drive-in windows.

[Amended 5-9-2017; 9-6-2022 by Res. No. 2022-781]

(1) Queuing lanes shall be provided of sufficient length to prevent queued cars from interfering with traffic on any highway or in the parking area.

(2) All queue lanes shall be at least 50 feet from any residence district.

(3) Drive-in windows, order boards, and menus shall be at least 75 feet from any residence district and shall not be located on any building elevation facing a residence district.

(4) The drive-in/order board speaker system shall not be audible at the property lines.

M. The installation of tires, batteries, stereo systems and car phones purchased on premises shall be permitted as a customary accessory use to any retail store exceeding 100,000 square feet gross floor area in the SCB District, provided that all of the following requirements are met:

[Added 11-1-1994]

(1) Outdoor storage or display of tires, batteries, stereo systems and car phones and outdoor installation work shall not be permitted at any time.

(2) The floor area for installation shall be less than 10% of the floor area of the retail store to which it is accessory.

(3) No portion of the area used for installation shall be less than 300 feet from any developed residential district.

(4) If any portion of the area used for installation is less than 500 feet from any developed residential district, all garage doors associated with the installation facility shall face away from said residential district.

N. Parking and/or storage of commercial vehicles.

[Added 12-10-1996]

(1) In all districts:

(a) The use shall be clearly accessory and incidental to a principal use that has site plan approval. All other parking and/or storage of commercial vehicles which are not accessory or incidental will be classified as a trucking station.

(b) The parking and/or storage of large commercial vehicles shall not be permitted, except in conformity with an approved site plan.

(c) No repair, maintenance or any other service shall be permitted except at a filling station or repair garage or trucking station.

(d) The use shall not be permitted in any required front yard, buffer, landscaping, parking spaces, aisles, sidewalks or planting strips.

(e) No large commercial vehicle shall be parked or stored within 100 feet of a residence district.

(2) In the CF, PB and OB Districts and residence districts:

(a) No large commercial vehicle shall be parked or stored overnight.

(b) Not more than one commercial vehicle shall be parked or stored overnight.

(c) No commercial vehicle which would otherwise be permitted to be parked or stored pursuant to Subsection N(2)(b), above, shall be so permitted, if said vehicle shall have a commercial sign affixed or painted thereon.

[Added 8-2-2010]

(3) The number of commercial vehicles parked and/or stored on a site shall note the following:

	District	Maximum number of commercial vehicles
	CB, NB and SCB	1 per 7,500 square feet of gross floor area
	WSI and HI	1 per 250 square feet of gross floor area
	LI	1 per 1,500 square feet of gross floor area

O. Permanent outdoor dining areas. In Central Business (CB) Districts, the regulations set forth in § 322-82C(25) shall be met.

[Added 10-2-2012; amended 5-3-2022 by Res. No. 2022-436]

P. Seasonal outdoor dining is subject to a permit from the Building Department and shall comply with the guidelines in the seasonal outdoor dining application form.

[Added 5-3-2022 by Res. No. 2022-436]

§ 322-13 Fences, walls, and berms.

[Amended 10-21-1986; 2-13-1990; 12-9-1997; 1-27-1998; 7-2-2008]

A. No fence, wall, or berm shall exceed six feet in height; except that no fence, wall, or berm in a required front yard shall exceed four feet in height, except as otherwise provided in the Table of Dimensional Regulations located at the end of this chapter, and no fence, wall, or berm in a corner clearance triangle, as described in § 322-16 of this chapter, shall exceed two feet in height.

[Amended 10-2-2012]

B. No retaining wall higher than 30 inches, and no fence, berm or other wall higher than four feet, shall be constructed or substantially reconstructed except in conformity with a building permit.

C. The height of a fence or wall shall be measured vertically from the natural or approved grade to the top of the fence or wall, including the posts and appurtenances, but not including an arbor built into any such fence or wall, provided said arbor shall not exceed eight feet in height. For purposes of this section, an arbor shall be defined as an ornamental structure forming an archway over an opening or gateway within a fence or wall. No fence or wall shall be located on a berm.

[Added 10-2-2012]

D. The posts and structural members shall face inward, except for residential fences abutting business and industrial land uses.

E. The minimum setback of retaining walls from all property lines shall be the height, of the retaining wall or three feet, whichever is greater. Fences and walls shall be set back from retaining walls one foot for every foot of height of the retaining wall.

F. Retaining walls may be constructed of only pressure-treated timber, mechanically stabilized segmental block (mortarless), or cast-in-place concrete. Timber walls shall not exceed four feet in height, and shall not be used in tiered retaining wall construction.

G. The maximum grade of berms shall be one foot vertical for every three feet horizontal. No portion of a berm shall be on public property.

H. All berms shall consist of only pure Long Island loam and topsoil.

I. The entire berm shall be stabilized with live groundcover. No tree species with a maximum typical height greater than 20 feet shall be planted on any berm.

J. No stormwater runoff shall be diverted by the construction of a berm in a manner that creates the need for drainage structures on adjacent properties or causes or worsens flooding on nearby property.

K. The Board of Site Plan Review may modify these requirements in the site plan approval process as it determines necessary to promote the purposes of this chapter.

§ 322-14 Height.

A. Nothing herein contained shall restrict the height of a church spire, cupola, dome, belfry, clock tower, transmission line tower, flagpole, chimney flue, public water supply tank or any firesafety structure which may be required by the New York State Fire Safety Code.

[Amended 9-5-1989; 12-10-1991; 8-31-1999]

B. No structure erected pursuant to Subsection A above to a height in excess of the height limit for the zone in which it is situated shall:

(1) Have a lot coverage in excess of 10% of the lot area.

(2) Be used for residence or tenancy purposes.

(3) Have any sign, nameplate display or advertising device of any kind whatsoever inscribed upon or attached to such structure.

C. Notwithstanding the maximum height limits stipulated in §§ 322-8C, 322-9C and 322-10C[1] (Table of Dimensional Regulations), a public or semipublic building may be erected to a height not to exceed 50 feet, provided that its front, side and rear yards are increased above the stipulated minimum by one additional foot for each foot that such building exceeds the stipulated height limit.

[Amended 10-21-1986]

[1] Editor's Note: See now the Tables of Dimensional Regulations located at the end of this chapter.

§ 322-15 Yards.

[Amended 2-25-1939; 8-22-1989; 3-23-1993]

A. All required yards shall be kept open except for:

(1) Cornices, eaves and gutters projecting not more than 18 inches.

(2) Steps giving access to the first floor.

(3) Bay windows, chimneys and fireplaces not wider than six feet and projecting not more than 24 inches.

(4) Decks as specifically authorized in § 322-15B.

(5) Handicap ramps.

(6) Open, first-floor porches constructed in the required front yard projecting up to six feet from the dwelling, provided the dwelling meets the minimum required front yard.

[Added 10-2-2012; amended 1-18-2024 by Res. No. 2024-66]

(7) Residential generators and HVAC equipment, provided that they are not in the required front yard. Said equipment may be permitted in a required front yard of a corner lot if screened from public view.

[Added 1-18-2024 by Res. No. 2024-66]

B. Except for the R-6 District, decks shall observe the following setbacks:

(1) Decks under six inches in height are permitted in any required yard but shall be set back at least three feet from all property lines.

(2) Decks six to 18 inches in height shall be permitted to encroach eight feet into the required front yard, provided that the deck shall meet the side yard requirements for principal buildings.

(3) Decks having a maximum height of six to 36 inches shall comply with the setback requirements for accessory structures.

(4) Decks over 36 inches in height shall comply with the setback requirements for principal buildings.

(5) Decks shall not be used in determining the FAR, but decks greater than six inches in height shall not exceed the actual building coverage.

(6) Railings, posts and/or walls shall not exceed four feet in height above the decks.

C. Through lots shall provide for the applicable required front yard on each street frontage.

D. For garage entrances facing into a side yard area, when attached or part of the main building in any residential zone, the minimum side yard on that side of the building shall be increased to 35 feet, the other minimum side yard shall be observed and the total for both side yards shall be increased pursuant to the above.

§ 322-16 Corner clearance.

[Amended 4-20-2023 by L.L. No. 9-2023]

A. On Town collector and arterial roadways: On a corner lot within the triangular area (see sketch) determined as provided in this section, no wall or fence, or other structure shall be erected to a height above the curb level in excess of 2 1/2 feet; no vehicle, object or any other obstruction of a height in excess of 2 1/2 feet shall be parked or placed therein; and no hedge, shrub, or other growth shall be maintained at a height in excess of 2 1/2 feet, except that trees whose branches are trimmed away to a height of at least eight feet above the curb level shall be permitted. Such triangular area shall be determined by the intersecting street center lines and a diagonal connecting two points, one on each street center line, each of whose points is 50 feet from the intersection of such street center lines.

B. On Town residential (neighborhood) roadways: On a corner lot within the triangular area (see sketch) determined as provided in this section, no wall or fence, or other structure shall be erected to a height above the curb level in excess of 2 1/2 feet; no vehicle, object, or any other obstruction of a height in excess of 2 1/2 feet shall be parked or placed therein; and no hedge, shrub, or other growth shall be maintained at a height in excess of 2 1/2 feet, except that trees whose branches are trimmed away to a height of at least eight feet above the curb level shall be permitted. Such triangular area shall be determined by the intersecting street center lines and a diagonal connecting two points, one on each street center line, each of whose points is 30 feet from the intersection of such street center lines.

§ 322-17 Swimming pools. [1]

It shall be unlawful to construct, install, enlarge or maintain any outdoor swimming pool on any lot or land area except in compliance with the following requirements:

A. The construction, installation, enlargement or alteration of any pool shall require a permit issued by the Building Director, and the proposed work shall be subject to all applicable provisions of the Town of Smithtown Code and the New York State Uniform Fire Prevention and Building Code.

[Amended 5-8-2007; 5-5-2009]

B. A complete set of drawings and plans shall be submitted to the Building Director, showing, among other things, the exact location of the pool with respect to the lot or land on which it is to be located and the applicable zone district regulation and information pertinent to the pool itself, the fence construction, the water supply system and all appurtenances, as well as detailed plans and vertical elevations. All construction shall be in conformance with such drawings and plans as approved by the Building Director.

[Amended 5-8-2007]

C. Water disposal. All water either overflowing or emptying from the pool shall be disposed of on the owner's land, and plans submitted shall show provisions made for preventing such water from flowing onto the land of any adjoining property owner or into any abutting street.

D. Fences. All pools shall be completely and continuously surrounded and enclosed by a permanent durable wall, barrier or fence, in accordance with the New York State Uniform Fire Prevention and Building Code requirements. In the event that the swimming pool is the above-ground type and is so constructed that it contains a wall, barrier or fence mounted on top of the pool structure installed in accordance with the New York State Uniform Fire Prevention and Building Code, it must be additionally enclosed with a fence around the property in compliance with § 322-13 herein.

[Amended 9-21-1965; 2-1-1972; 5-8-2007; 5-5-2009]

E. Size and location. All pools which are accessory uses shall comply with the requirements for accessory buildings, except that the lot area occupied by such pools shall not be included in computing the percentage of the lot area which may be built upon.

[1] Editor's Note: See also Ch. 252, Swimming Pools.

§ 322-18 Temporary storage of private mobile homes or house trailers.

A. One private mobile home or house trailer may be temporarily stored on the same lot with a single-family dwelling for a period not to exceed three months in any calendar year, provided that:

(1) The mobile home or house trailer belongs to the occupant of the single-family dwelling or his guest.

(2) The occupant of the single-family dwelling is either the owner of the property or has the written permission of the owner to store such unit.

(3) The mobile home or house trailer is not used for residential purposes.

(4) Every toilet shall be sealed or locked so that it cannot be used during the storage period.

(5) The mobile home or house trailer shall be located on the lot or land in conformance with the provisions of this chapter for accessory buildings.

(6) The mobile home or house trailer and its site shall be maintained in a manner compatible with community standards and it shall not constitute a nuisance or hazard to the health, safety and general welfare of the community in which it is located.

B. Applications for such temporary storage permits shall be made to the Building Director. They shall be approved prior to the time that the mobile home or house trailer is located on the site.

[Amended 5-8-2007]

C. Any permit issued pursuant to this section may be revoked by the Building Director, in the exercise of his reasonable discretion, if after due investigation he deems that the permit holder has violated any of the provisions of this chapter or the conditions on which the permit was issued.

[Amended 5-8-2007]

§ 322-19 Environmentally sensitive lands.

[Amended 1-7-1986; 7-12-1988]

A. In any location on the Building Zone Map where environmentally sensitive lands are shown as not included in any zoning district, such lands shall be construed to lie with a CF District.

B. No environmentally sensitive land shall be used to calculate the permitted density, building coverage, floor area or minimum lot area.

[Amended 9-12-1989; 4-4-2017]

C. Except as provided for in Subsection F, no environmentally sensitive land shall be altered by excavation, storage, compaction, construction activities, vegetation removal or the placement of fill or other activity.

[Amended 4-28-2011]

D. No structure, including but not limited to buildings, decks, garages, sheds, swimming pools, fences, walks and driveways, shall be constructed, enlarged, altered or replaced within 100 feet from any wetland, escarpment, natural surface water feature or significant wildlife habitat.

E. No structure shall be constructed, enlarged, altered or replaced within 10 feet of any slope higher than five feet and having a slope greater than 25% or any A or V Flood Hazard Zone.

[Amended 9-8-2015 by L.L. No. 3-2015]

F. In areas where the only environmentally sensitive land that will be impacted is land where depth to the seasonal high water table is less than 10 feet, the following actions shall be exempt from Subsection C:

[Added 4-28-2011]

(1) Construction of a deck.

(2) Installation of a fence.

(3) Construction of a shed less than 100 square feet.

§ 322-20 Required buffer yards and screening adjoining residential districts.

A. In order to assure orderly and compatible relationships between residence and nonresidence districts along their common boundaries, the provisions of this section are general requirements to be applied as indicated in specific districts. They do not take precedence over special requirements indicated for particular uses or for special exception uses in the other sections of this chapter.

B. Required setbacks and buffer yards adjoining a residence district:

[Amended 11-10-1970; 6-25-1985; 10-21-1986; 2-13-1990]

(1) In the PB, OB, SCB, NB, CB and WSI Districts, the minimum required side and/or rear yard shall be 50 feet.

(2) In the LI and HI Districts, the minimum required side and rear yard shall be 100 feet, shall be maintained as a densely planted buffer zone and shall not be used for parking, storage or accessory structures except for the buffer fence as required by this chapter.

C. Required buffer screen adjoining a residence district. In the CB, SCB, NB, OB, WSI, LI and HI Districts, a six-foot screen fence (stockade, metal posts) shall be erected at the side and rear property lines on metal fence posts fixed in concrete footings, in accordance with Town specifications. The fence posts shall not face residential property and, in addition, a ten-foot-wide protective planting strip shall be established and maintained in accordance with Town specifications immediately inside the fence along the residence district boundary.

[Amended 11-29-1966; 11-20-1973; 6-25-1985; 8-31-1999]

D. Landscaping.

[Added 6-25-1985]

(1) All areas of any site not used for structures, driveways, parking, truck-loading areas and walkways shall be planted with ground cover, shrubs and trees in conformance with a landscape plan approved by the Board of Site Plan Review in accordance with the provisions of Article XIII.

(2) In the case of injury or death to any plant material, the plant shall be promptly replaced with a plant of the same species and of the same specifications as shown on the approved site plan.

E. (Reserved)[1]

[1] Editor’s Note: Former Subsection E, regarding in-ground irrigation systems, added 6-25-1985, was repealed 11-3-2015.

F. All roof equipment must be screened from view from the street(s) adjoining the property.

[Added 6-25-1985][2]

[2] Editor's Note: Original § 54-10I(7) of the 1964 Code, added 6-25-1985, which immediately followed this subsection and provided for dumpster regulations, was repealed 2-13-1990.

§ 322-21 Apartment, business or industrial groups; building layout and spacing between buildings.

A. In individual building plans, wings of the same buildings which are substantially parallel to each other shall be not less than 30 feet apart.

B. Principal buildings in a group development shall be not less than 30 feet apart at their nearest point to each other.

C. Groups of accessory structures, such as a garage compound, or individual accessory structures equivalent in floor area to principal buildings, shall be not less than 30 feet from the nearest point on a principal building.

D. Minor accessory structures shall meet the requirements of § 322-12A.

§ 322-22 (Reserved) [1]

[1] Editor’s Note: Former § 322-22, Commercial Center, as amended, was repealed 11-3-2015.

§ 322-23 Research laboratory and nonnuisance industry.

A. A research laboratory or nonnuisance industry shall not be deemed to include any use prohibited in § 322-11, any open storage of waste or scrap materials or any open storage of materials, products or equipment over an area exceeding the area of the principal building.

B. Permitted open storage areas shall be screened from view from the property line.

C. All materials processing and/or manufacturing of products shall be done indoors.

D. Water used in processing where a pollutant or any additive is accumulated in the process water shall not be disposed of on the premises. Pure process water may be disposed of on the premises by discharging into the sanitary waste disposal system or into a stormwater recharge basin, provided that such facilities have adequate capacity for the additional water.

E. There shall be no more than 50 employees per acre of site area on the site at any one time.

§ 322-24 Planned industrial park.

A. In the WSI, LI and HI Districts, application may be made for a planned industrial park status. (See § 322-3, definition of "planned industrial park.") Such application shall be accompanied by the proposed subdivision master plan for the entire site area showing streets, lots, building areas, parking areas and landscaping, among other things required by the Town of Smithtown Subdivision Regulations[1] for a subdivision submission.

[Amended 12-24-1968; 10-21-1986]

[1] Editor's Note: See Ch. 248, Subdivision of Land.

B. The Planning Board, in its consideration of the proposed subdivision plans through the statutory public hearing, shall also determine whether the area is suitable for development as a planned industrial park within the meaning of this chapter, whether the proposed planned industrial park is consistent with the use of surrounding property and is designed to promote and benefit the welfare of the Town and whether it complies with all the provisions of this chapter for such park.

C. The Planning Board, in its consideration of the overall master plan for a planned industrial park, may require larger front, side or rear yards around the perimeter of the park than indicated in the Table of Dimensional Regulations, § 322-10C.

[Amended 5-2-1978; 10-21-1986][2]

[2] Editor's Note: Original § 54-10N(3.1) of the 1964 Code, which immediately followed this subsection and dealt with minimum distances between buildings, as amended, was repealed 6-25-1985. Original Subsection N(4) and (5) of the 1964 Code, as amended, was repealed 5-2-1978.

D. In approving a planned industrial park, the Planning Board may require changes in the proposed subdivision plan as it deems necessary and desirable for the proper utilization of the subject property and the protection of property values.

E. The Planning Board shall require the actual construction by the industrial developer of streets, drainage facilities, landscaping and other improvements in the same manner as for residential subdivisions.

F. There shall be no loading area located in any front yard area, whether an actual or required front yard. Loading areas located in a side yard area, if visible from any street, shall be screened with a wall and/or plant material.

[Added 5-2-1978]

§ 322-25 Drainage.

[Amended 4-13-1965; 1-11-1972; 10-21-1986]

The drainage of stormwater incident to any residential, commercial, industrial or other development use shall be stored and disposed of on the subject site in accordance with the specifications of the Town Engineer. No site shall be developed in a manner that would cause the discharge of stormwater into a wetland, stream, pond or similar surface water feature, unless the Town Engineer determines that the quantity, quality and other characteristics of the discharge after construction are the same as the characteristics of the discharge from the site in its natural state.[1]

[1] Editor's Note: Original § 54-10P of the 1964 Code, which immediately followed this section and regarded airports, as amended, was repealed 10-21-1986.

§ 322-26 Outdoor and window lighting.

[Added 2-13-1990; amended 9-13-1994]

A. Any outdoor lighting of any use shall be arranged in such a way that no direct glare is cast toward any highway or adjacent property, and luminary devices shall be hooded and/or arranged so that the source of the illumination is not visible from such highway or residential use.

[Amended 4-15-2004]

B. In business and industrial districts, outdoor lighting other than for a permitted sign shall be limited to the illumination of the building for security purposes and to the lighting of parking areas and accessways as necessary for the same movement of pedestrians and vehicular traffic. Lighting intensity shall be limited to that which is necessary to afford the minimum adequate illumination for the purposes set forth in this section. The location, intensity and design of all luminary devices shall be subject to approval of the Board of Site Plan Review.[1]

[1] Editor's Note: Original § 54-10Q of the 1964 Code, which immediately followed this section and regarded modification of zoning provisions, as amended, was repealed 10-21-1986.

C. In all districts, flashing, intermittent, moving or chaser lights or lighting of varying intensity shall be prohibited, except for the period between November 15 and January 15.

§ 322-27 Schools.

[Added 8-22-1989]

A. All schools shall be on sites having not less than five acres and not less than 300 feet of frontage on public streets.

B. All principal and accessory buildings shall be set back at least 100 feet from all property lines. For the expansion or renovation of a nonconforming structure, the Board of Site Plan Review may reduce this setback requirement so that it equals the existing setback of the nonconforming structure.

[Amended 8-9-1994]

C. The gross floor area shall not exceed 10% of the total site area.

D. All parking and loading areas shall be set back 50 feet from all streets and 75 feet from residential parcels.

§ 322-28 Counter-service restaurants and food retail. [1]

[Added 5-9-2017; amended 9-6-2022 by Res. No. 2022-781]

The following requirements shall be met:

A. Not more than two curb cuts shall be permitted. They shall be at least 75 feet apart and shall be at least 75 feet from any residence district.

B. Densely planted buffer areas at least 25 feet in depth shall be provided adjacent to residence districts.

[1] Editor’s Note: Former § 322-28, Coin-operated machines, added 7-12-1966, as amended, was repealed 11-3-2015.

§ 322-29 Local Waterfront Revitalization Program (LWRP).

[Added 7-25-1989]

A. The following actions shall be subject to the LWRP: zone changes, subdivisions, site plans, building permits for new buildings, special exceptions, permits for any actions requiring the following variances; land use, height, signage, parking, density or environmentally sensitive lands, and shall not be approved, authorized, issued or altered until the Town Board determines in writing, pursuant to Chapter 151, Art. II of the Town Code, that the action is consistent with the LWRP policies, standards and conditions.

[Amended 12-20-1994]

B. The land use of all nonresidential districts in the local coastal area shall not be expanded, intensified or changed, except to water-dependent uses, unless the Town Board determines that no water-dependent use is feasible and further finds that such change, expansion or intensification of use is consistent with the policies, standards and conditions described in § III of the LWRP.

C. Natural vegetation shall be preserved and street trees and new plant materials shall be installed for all structures constructed and/or enlarged after the effective date of this provision so that at least 75% of the building that would otherwise be visible from any surface water in the coastal area shall be screened at the time of completion of construction.

D. Buildings in the local waterfront area shall conform to the requirements specified in the following table:

§ 322-30 Satellite dish antennas.

[Added 9-11-1984; amended 5-28-1991]

The Town Board finds that dish antennas, due to their shape, opacity and size, create more of a visual impact on the community than do other types of antennas. The intent of these regulations is to permit the reception of satellite transmissions in the Town while simultaneously preventing, avoiding or minimizing the visual contrast of such antennas with regard to the elements of line, form, scale and color.

A. In all districts:

(1) All installations shall employ to the extent possible colors and finishes that blend with the surroundings.

(2) Roof-mounted antennas shall not exceed the permitted height of principal buildings and shall be located on the back half of the building.

(3) Ground-mounted installations greater than 10 feet in height shall be screened with evergreen trees located along the antenna's nonreception window axes.

(4) Ground-mounted installations shall comply with all dimensional requirements for accessory buildings.

B. In residence districts:

(1) Not more than one dish antenna shall be permitted per site.

(2) Dish antennas shall not exceed 10 feet in diameter.

C. In business and industrial districts, ground-mounted antennas exceeding 10 feet in diameter shall comply with all dimensional requirements for principal buildings.[1]

[1] Editor's Note: Original § 54-10Z of the 1964 Code, which immediately followed this subsection and regarded sand mining, as amended, was repealed 10-21-1986.

§ 322-30.1 Mini storage warehouses.

[Added 8-14-1990; amended 1-25-2000; 4-9-2002]

A. The use of the premises shall be limited to the rental of indoor space for dead storage, except that one accessory apartment, for use as manager's quarters and leasing office, shall be permitted as a customary accessory use. Other uses, and the storage of toxic or hazardous materials as defined by the United States Department of Housing and Urban Development, shall be prohibited.

B. All buildings shall be at least 42 feet apart. No building shall exceed the maximum height or the floor area ratio of the district in which the building is located.

[Amended 3-19-2020 by L.L. No. 6-2020]

C. All exterior building materials shall have flat earth-tone finishes or other color scheme approved by the Board of Site Plan Review.

D. No storage unit door shall be visible from any residential property or any public street. Any wall higher than one story which is visible off site shall be enhanced by providing relief, such as pilasters, corbeled cornices or similar ornamentation.

E. Except for one access drive nearly perpendicular to the street, all paved areas shall be enclosed by buildings or six-foot-high dense evergreen plantings. No fence shall be permitted in the required front yard(s).

F. The use shall not be permitted within 500 feet of CB zoned property.

[Added 1-20-2022 by Res. No. 2022-108]

§ 322-30.2 Adult retail shop or adult entertainment.

[Added 5-30-2000]

The following apply to an adult retail shop or adult entertainment:

A. The building shall be at least 500 feet from any residence district, park, playground, school, church or similar place of public assembly.

B. The building shall be at least 500 feet from any other adult use.

C. The building shall have the same colors, finishes and materials of recently approved site plans in the vicinity as determined by the Board of Site Plan Review.

§ 322-30.3 Personal wireless service facilities.

[Added 5-15-2001]

All personal wireless service facilities shall be classified as either Tier One, Tier Two or Tier Three type of facility as defined in Chapter 242 of the Town Code and be subject to the following review procedures:

A. All Tier One facilities shall be required to obtain a site plan exemption pursuant to § 322-89B.

B. All Tier Two facilities shall be required to obtain a special exception approval from the Planning Board and to obtain site plan approval pursuant to § 322-89A. In reviewing this petition, the Planning Board shall use the following procedures:

(1) The Board shall conduct a public hearing following the special exception procedures as outlined in § 322-94, except that the Planning Board and not the Town Board shall render a decision.

(2) The Planning Board shall evaluate the application using the standards outlined in § 242-5 of Chapter 242 of the Town Code.

(3) The Board shall not render a decision until it has received a report from the Planning Department which contains an assessment pursuant to § 242-11 of Chapter 242.

(4) The Board may approve the application as submitted, recommend approval with conditions, or the Board may select an alternative location as described in § 242-8 of Chapter 242.

(5) In determining the necessity of a Tier Two personal wireless service facility, the Planning Board may require the services of an independent consultant. Costs associated with this review may be assigned to the applicant pursuant to Chapter 242.

C. All Tier Three facilities shall be required to obtain a special exception approval from the Town Board, pursuant to § 322-102.1, and to obtain site plan approval pursuant to § 322-89A.

D. All personal wireless service facilities shall be required to be inspected pursuant to § 242-14 of Chapter 242.

§ 322-30.4 Variances in subdivisions.

[Added 4-9-2002; amended 9-11-2007]

A. In addition to the authority to grant and require area variances to facilitate cluster development in subdivisions simultaneously with final plat approval as previously delegated to the Planning Board by the Town Board in 1954 pursuant to § 278 of the Town Law, the Planning Board shall have the additional authority to grant area variances simultaneously with final plat approval, provided that all of the following conditions are met:

(1) The change does not alter the density required by the zoning district.

(2) The change complies with § 322-19, Environmentally sensitive lands.

(3) The change would result in the addition of not more than one lot to the proposed subdivision, provided it does not alter the density of the zoning district.

(4) When, in the Board's judgement, the change meets one or more of the following objectives:

(a) There is a public purpose or benefit in changing the requirement pattern;

(b) The alteration, such as a frontage reduction, is consistent with the surrounding lots;

(c) The change would preserve historically significant structures or features of the Town;

(d) The change would preserve, protect, or promote scenic or environmentally sensitive lands;

(e) The alteration would better protect the homeowner from undesirable land uses;

(f) The change would reduce the amount of regrading or clearing of property;

(g) The change would be incidental or minor and not alter the character of the neighborhood.

B. In making its determination as to granting any area variance, the Planning Board shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. In making such determination, the Planning Board shall consider and render a determination in accordance with the following standards and criteria:

(1) Whether an undesirable change will be produced in the character of the neighborhood or detriment to nearby properties will be created by the granting of the area variance;

(2) Whether a benefit sought by an applicant can be achieved by some method, feasible for the applicant to pursue, other than by an area variance;

(3) Whether the proposed variance is substantial;

(4) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

(5) Whether the alleged difficulty necessitating the area variance was self-created by an applicant, which consideration shall be relevant to the decision of the Planning Board, but shall not necessarily preclude the granting of the area variance.

§ 322-30.5 Hookah lounges, vape stores/lounges, smoke shops.

[Added 4-26-2018 by L.L. No. 2-2018; amended 11-7-2023 by L.L. No. 15-2023]

Hookah lounges, vape stores/lounges, and smoke shops shall be prohibited within 1,500 feet of the lot line of any park, playground, religious institution, or school.