[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]
H. Swimming pools shall be at least six feet from all dwellings.
[Added 3-23-1993; amended 9-27-2007; 10-2-2012]
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.
(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 of the Town of Smithtown and pursuant to all applicable
provisions of this chapter.
(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]
[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.
[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.
(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.
[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.
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.
[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]
(3) Construction
of a shed less than 100 square feet.
[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.
[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.
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.
[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.
[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.
[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]
[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.
[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.
[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.
[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.
[Added 4-18-2024 by Res. No. 2024-404]
A. Rifle
and shooting ranges.
(1) All rifle and shooting ranges shall be located indoors.
(2) Structural plans and specifications shall bear the certification of an acoustical engineer verifying that the proposed structure will achieve the required sound transmission loss pursuant to Chapter
207, Noise, of the Town of Smithtown Code.
(3) The proposed structure or portion of the structure intended to be
used for the discharge of firearms shall be constructed of impermeable
materials, the ceiling of which shall be located at least four feet
below ground level, as approved by the Building Director for such
use.
(4) The storage of ammunition or explosives shall be prohibited.
B. Bowling
alleys.
(1) No structure in which a bowling alley is located shall be built within
100 feet of a residence district.
C. Ice
skating rink.
(1) The use of toxic or explosive chemicals (such as ammonia) as a refrigerant
shall be strictly regulated and safeguards directed by the Fire Inspector.
(2) There shall be adequate muffling of the noises resulting from the
operation of refrigeration units.