[Added 1-12-1989]
A.
The Town Board in its adoption of the Comprehensive
Plan recognized the importance of enhancing the community identity
of the various hamlets which comprise the Town of Islip. Major elements
of this identity involve the residential uses, architecture and streetscape
which have traditionally developed along the major roadways and which
serve as scenic gateway to the business districts of these communities.
B.
The Town Board also finds that redevelopment of these
properties under the existing business zoning would undermine these
elements by the elimination or significant modification to the residential
structure, replacement of front lawn and vegetation by parking, commercial
driveways and signage, all of which would destroy the present visual
quality of these gateways. The resulting advance of strip commercial
development also undermines the unique functional and visual role
these business districts play in preserving community identity. Such
development would add a significant amount of traffic along roadways
which are already congested, thereby reducing service and safety.
C.
It is the intent of the Town Board to create a zoning
district which would be an economically viable alternative to the
existing designation, but which would not result in the adverse effects
so described. The provisions contained in this article are intended
to maintain the unique and historic character of the site through
maintenance of the architecture and streetscape, consolidation of
roadway access and parking and permission of only these uses which
are compatible with said restrictions.
D.
Preferred
locations for General Service T designation include properties in
a transitional location with a side yard adjacent to a commercially
zoned property and another side yard adjacent to a residential district
or another property designated as General Service T. The site shall
not be located mid-block among other single-family dwellings unless
adjacent to institutional uses or a mitigating circumstance exists
whereas the goals of this article are better served.
[Added 3-14-2023]
[Amended 6-5-1990; 2-25-1992; 4-8-1997]
In a General Service T District, no building,
structure or premises shall be used or occupied, and no building or
part thereof or other structures shall be so erected or altered, except
for one or more of the following purposes:
A.
Single-family dwelling.
B.
Two-family dwelling.
C.
Offices, including medical offices.
[Amended 7-20-2021]
D.
Child day-care centers.
E.
Adult day-care facility.
F.
Public schools.
[Amended 6-22-1999]
G.
Churches or other similar places of worship, parish
houses, libraries or municipal buildings or uses, provided that a
twenty-five-foot buffer is provided and maintained adjacent to any
residential use or zone in accordance with Town standards and a site
plan is submitted to and approved by the Planning Board, or its designee,
indicating compliance with all applicable land development standards.
H.
Agriculture or nursery uses, including the retail
sale of products raised on the premises, provided that a minimum buffer
area of 25 feet in width in accordance with Town standards is provided
and maintained adjacent to all residential uses or zones and site
plan is submitted to and approved by the Planning Board or its designee
indicating compliance with all applicable land development standards.
[Added 8-14-2007]
I.
Private or parochial schools, including preschool
programs, elementary and secondary schools, colleges and universities,
vocational and other non-degree-granting schools.
[Added 6-19-2012]
J.
Tutor.
[Added 8-5-2014]
K.
A single three- or four-family dwelling and having
no uses other than accessory uses on the subject parcel. The building
must have a lobby/foyer from which all units are accessible (via hallways,
elevators). No visible entry doors to each individual unit are permitted.
Only one visible front entrance shall be permitted, unless a determination
is made by the Commissioner of Planning or his or her designee that
the architectural character of a preexisting building will be preserved
by allowing one additional visible front entrance.
[Added 5-14-2024]
L.
Office support services, including file storage facilities,
office hardware repair/cleaning and office machinery showroom. Retail
sales of business/office related supplies and document reproduction
shall be expressly prohibited.
[Added 5-14-2024]
M.
(Reserved)
N.
(Reserved)
O.
(Reserved)
P.
Mixed-use buildings, excluding those associated with
retail operations.
Q.
Veterinarians and dog or cat grooming, provided that
all activities take place within the building.
[Amended 6-5-1990; 4-8-1997]
The following uses are permitted by special
permit by the Town Board after a public hearing:
[Added 4-8-1997; amended 7-13-1999; 9-12-2000]
The following uses are permitted by special
permit from the Planning Board after a public hearing:
A.
Minor restaurant, except as otherwise provided herein.
B.
Personal service establishment including barber, hair
salon, beauty salon and other related uses. Additional personal service
uses shall be permitted only with the review and approval of the Planning
Board after due public hearing.
C.
Restaurants.
E.
Museum.
[Added 6-8-2010]
[Added 9-12-2000]
A.
The following uses are permitted after the review and approval of the Planning Board without complying with the notice requirements of § 68-32, subject to compliance with the following criteria:
[Amended 12-17-2019]
(1)
A parking relaxation of no greater than 20%.
(2)
A landscaping relaxation of no greater than
20%.
(3)
Approval will not result in any on- or off-site
traffic impacts, as determined by the Planning Board.
(4)
The use is consistent with the spirit and intent
of the Town Code and Comprehensive Plan.
(5)
The site is not adjacent to any residential
use or zone.
[Amended 4-8-1997]
The following uses are permitted by special
exception by the Board of Appeals after a public hearing: Uses shall
be the same as those permitted in a Residence AAA and CAA District
when authorized as a special exception by the Board of Appeals and
no other.
[Amended 6-19-2012; amended 5-14-2024]
A.
The following accessory uses shall be permitted when located on the
same lot with the authorized use:
(1)
Customary accessory uses, structures and buildings, provided that
such uses are clearly incidental to the principal use and do not include
any activity commonly conducted as a separate business.
(2)
Outside seating may be permitted as of right as an accessory use
to a restaurant or minor restaurant use, provided the site otherwise
complies with all applicable Code requirements and subject to the
following requirements:
(a)
Outside seating shall be subject to the approval of the Planning
Board, which shall have the authority to require information which
may be necessary to evaluate such a request.
(b)
Outside seating shall be permitted for dining purposes only.
The service and consumption of alcohol shall only be permitted as
clearly accessory and incidental to the service of food. No outside
bar shall be permitted. In no case shall the service of alcohol be
permitted off site.
(c)
Outdoor loudspeakers, exterior live entertainment or dancing
of any kind shall not be permitted.
(d)
Outside seating shall only be permitted to operate between the
hours of 8:00 a.m. and 11:00 p.m.
(e)
Outside seating shall be permitted on the subject parcel or
on the sidewalk area adjacent to a dedicated roadway, 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.
(f)
Should substantiated complaints be received by the Department
of Planning and Development, the Planning Board shall reserve the
right to hold a public hearing to rescind the outdoor dining approval.
[Added 4-8-1997]
All uses not expressly permitted are prohibited.
[Amended 7-25-2017; 9-19-2017]
A.
The total building area, including all buildings,
shall not exceed a floor area ratio (FAR) of 0.25. An unenclosed front
porch shall be excluded from these calculations.
B.
A minimum of 75% of the gross floor area of the first floor shall
be comprised of nonretail commercial space for a mixed use building.
For existing structures, this requirement may be reduced by the Planning
Board if it is determined that a parking relaxation would be mitigated
with more dwelling units. In no event shall the commercial space comprise
less than 50% of the first floor.
[Added 12-17-2019]
C.
The FAR shall not exceed 0.275 when the bonus density set forth in
§ 699-b(a) of the General Municipal Law applies unless authorized
by the Zoning Board of Appeals.
[Added 12-17-2019]
D.
The rear
yard for a three-family or four-family dwelling shall consist of 15%
open space exclusive of buffer and parking areas.
[Added 5-14-2024]
A.
The minimum required lot area for a single-family
dwelling shall be 7,500 square feet.
[Amended 6-5-1990; 4-8-1997]
B.
The minimum required lot area for a two-family, three-family
or four-family dwelling shall be 15,000 square feet.
[Amended 5-14-2024]
C.
The minimum required lot area for nonprofit fraternities
or lodges, elementary and secondary schools, colleges, correspondence
and vocational schools and other non-degree-granting schools, except
those associated with manufacturing and truck driving, churches or
other similar places of worship, parish houses, libraries or municipal
buildings or uses shall be 20,000 square feet.
[Amended 6-5-1990]
D.
The minimum required lot area for other permitted
uses shall be 10,000 square feet.
[Added 4-8-1997]
E.
The maximum
permitted lot area for any permitted use within this district shall
be 40,000 square feet.
[Added 6-8-2010]
[Added 5-14-2024]
A.
A minimum
of 10% of all apartments located within a mixed-use building with
five or more residential units shall be designated as affordable housing
on site in accordance with Town standards.
[Amended 4-8-1997]
All main buildings erected subsequent to the
enactment of this article shall have a minimum front yard from all
streets of 25 feet or shall be built in line with adjoining structures,
whichever is greater.
All buildings hereafter erected shall have a
minimum side yard of 10 feet.
A.
All main buildings hereafter erected shall have a
minimum rear yard of 35 feet.
B.
All accessory structures hereafter erected shall have a minimum rear
yard of 10 feet but in no case shall be located within any formal
planted buffer if required pursuant to the Subdivision and Land Development
Regulations unless such buffer is relaxed and/or modified by the Planning
Board.
[Added 6-19-2012]
[Added 12-17-2019]
The following encroachments are hereby permitted:
A.
Cornices, eaves, gutters and chimneys projecting not more than 24
inches.
B.
Bay windows and fireplaces not wider than six feet and not projecting
more than 24 inches.
C.
Open and unroofed entrance platforms or terraces not more than six
feet in width nor more than three feet in height. The Commissioner
of Planning and Development, or the Commissioner's designee, may vary
this requirement upon a showing of necessity to enter the permitted
building from a greater height or distance. Only that height or distance
that is necessary to enter the dwelling from average grade may be
permitted.
D.
Unenclosed porches encroaching not more than six feet from the minimum
front yard requirement and not more than three feet in height as measured
from the existing grade of property. This exemption shall not apply
to nonconforming uses. In no case shall any unenclosed porch have
a depth, at any point, greater than six feet. Depth shall be measured
from the furthest point of the front line of the main dwelling from
the street property line to the outside face of the porch. Existing
entrances where a roof overhang is added shall be exempt from the
maximum height of three feet. In those instances, the existing height
of the entranceway shall remain.
[Amended 9-15-2020]
E.
Open and unroofed decks encroaching not more than six feet from the
minimum front yard requirement and not more than three feet in height
as measured from the existing grade of property. This exemption shall
not apply to nonconforming front yard setbacks and nonconforming uses.
In no case shall any open or unroofed deck have a depth, at any point,
greater than six feet. Depth shall be measured from the furthest point
of the front line of the main dwelling from the street property line
to the outside face of the deck.
F.
Basement entranceways, covered or uncovered, may extend up to six
feet into any required side and rear yards, provided that they are
connected to the main building and are no higher than 2.5 feet above
grade at any point. This exemption shall not apply to front yards,
secondary front yards, nonconforming side or rear yard setbacks and
nonconforming uses.
[Amended 9-15-2020]
G.
Subsurface emergency escape and rescue openings and window wells,
provided that no portion of same is more than six inches above grade.
These shall be permitted up to three feet into any conforming setback.
A.
The Planning Department reserves the right to require
that access to the site be relocated and/or shared with the adjoining
properties, as a condition to the granting of a certificate of occupancy
or site plan approval for the site.
B.
The Planning Department reserves the right to require
a shared parking arrangement between the site and the adjoining properties
as a condition to approval of the certificate of occupancy or the
site plan.
C.
There shall be no more than one access point per roadway.
All buildings hereafter erected or altered shall
contain the following architectural components:
A.
For new structures, including additions to existing
structure or those undergoing rehabilitation of greater than 50% of
their assessed value, a roof or gable design or an alternative acceptable
to the Planning Department with a minimum slope of five inches over
12 inches, shall be required.
B.
Building materials of a residential character, such
as brick, wood frame, cedar or vinyl siding, of less than six inches
revealed, shall be used on all exteriors.
C.
The Planning Department reserves the right to require
additional architectural elements, such as front porches and windows.
The design and materials of all elements of the building shall be
subject to Planning Division approval.
D.
Existing principal structures on the site cannot be
removed without the approval of the Planning Board, or modified without
the approval of the Planning Division.
[Amended 5-14-2024]
A.
Yard area. All yard area shall be planted in conformance
with an approved detailed landscaping plan and shall be maintained
in a neat and attractive manner. Use of the front yard for purposes
other than a driveway and landscaping is prohibited.
B.
Parking. All parking shall be located to the greatest
possible extent in the rear yard area.
C.
Parking, curbing, sidewalks, drainage, screen planting,
buffers, street trees, dumpster enclosures, lighting, public improvements
and all other applicable requirements of the Town Code and the Subdivision
and Land Development Regulations shall be maintained unless otherwise
modified or waived by the Planning Board or Town Board.
[Added 4-8-1997]
D.
The exterior site improvements and improvement of property shall be regulated under Article XXXI of this ordinance.
[Added 4-8-1997; amended 8-12-2003]
E.
A minimum buffer area of 25 feet in accordance with
Town standards shall be maintained adjacent to any residential zone
or use, unless the subject use is a single- or two-family dwelling.
[Added 4-8-1997; 7-20-2021]
