[Added 4-18-1978[1]]
A.
It is the Town Board's intent to provide for the health,
safety and welfare of residents and visitors of Islip on both the
mainland and the barrier beach known as "Fire Island" by the protection
of the barrier beach through this ordinance from development which
does not take into consideration the natural function of a barrier
beach and its ecological systems.
B.
The Town Board hereby states its concern about life
and property due to the overdevelopment of Fire Island both on the
mainland and the aforesaid barrier beach. The Town Board is in full
agreement with the United States Department of the Interior's general
intent for preservation of Fire Island as a unique resource for present
and future generations, consistent with the General Management Plan
for the Fire Island National Seashore.
[Amended 4-18-1978[1]; 4-8-1997]
A.
In a Residence BAA District, no building, structure
or premises shall be used or occupied and no building or part thereof
or other structure shall be so erected or altered except for one of
the following purposes:
B.
Additional structures and accessory buildings may
be erected on the same lot, provided that all requirements of this
ordinance, including the minimum required width of lot, minimum required
lot area, minimum required setbacks and maximum permitted floor area
ratio (FAR) are met for each such additional use.
The following uses shall be permitted upon issuance
of a special permit by the Planning Board after a public hearing:
A.
Private club mooring wharf for pleasure craft only,
provided that there is no repair work or sale of any products other
than petroleum products on the premises.
B.
Private membership club, fraternity or lodge; provided,
however, that no use shall be permitted when conducted for gain, profit
or as a commercial venture.
C.
Public utility.
D.
Community building, church or other similar place
of worship.
E.
Private school or college or municipal use, including,
but not limited to, a firehouse.
[Amended 3-14-2023]
F.
Private boathouse or bathhouse when not an accessory
use to a one-family dwelling.
G.
Historical or memorial monument.
H.
Stores or offices in which goods or commodities or
services are sold at retail with or without any outdoor sales, displays
or storage when solely in support of community activities.
[1]
Editor's Note: Pursuant to this ordinance,
former § 68-137, Uses permitted as special exception by
Board of Appeals after public hearing, was deleted.
[Added 4-8-1997]
[Amended 4-18-1978]
A.
The following accessory uses shall be permitted when
located on the same lot with and when clearly incidental to the principal
use:
[Amended 9-4-1984]
(1)
Office of a physician, lawyer, architect, teacher,
chiropractor, engineer, dentist or musician residing on the premises
and when such use is incidental to such residence; provided, however,
that such use shall be within the main building and occupying not
more than 1/3 of the first floor area. The storage of radioactive
materials for therapeutic usage with human beings shall be permitted
by hospitals and duly licensed physicians, when approved by the New
York State Department of Health.
(3)
Other customary accessory uses, structures and buildings,
excluding garages and guesthouses, and including but not limited to
sheds for storage, decks and ramps and aboveground swimming pools,
subject to compliance with all other applicable provisions of this
article and of the Code of the Town of Islip. No accessory use shall
be equipped with cooking facilities. An accessory use does not include
any activity commonly conducted as a business.
(4)
Hot tub or spa provided that the size of such hot
tub or spa does not exceed seven feet by seven feet, or 49 square
feet, in area or a height of four feet.
[Added 5-28-2008]
(5)
Residential dock, subject to the same requirements found in § 68-48A(1)(c).
[Added 2-28-2017]
(6)
Refuse enclosures not to exceed four feet by six feet and bicycle
racks/platforms shall be permitted as accessory structures and shall
not be subject to setback requirements or building permits.
[Added 12-17-2019]
B.
Any accessory building shall be located on the same
lot with the principal building, and no accessory building shall be
constructed on a lot until the construction of the main building has
actually been commenced, and no accessory building shall be used unless
the main building on the lot is completed and used.
C.
Whenever a use has been authorized by special permit pursuant to § 68-137, no accessory use shall be permitted unless the same shall have been specifically authorized by the Planning Board.
[Amended 4-5-2005]
D.
Child
day-care center as an accessory use to a church or similar place of
worship, community building or educational institution.
[Added 9-15-2020]
[Added 4-8-1997]
All uses not expressly permitted are prohibited.
[Amended 4-18-1978]
A.
In a Residence BAA District, no building or structure
shall be erected to a height in excess of 28 feet. In no case shall
a building or structure exceed two stories in height.
[Amended 12-19-1978; 3-9-2021]
B.
Accessory structures shall not exceed 14 feet in height
or shall be a maximum of one story, whichever is less.
[Amended 1-14-2003]
C.
Exceptions subject to Town Board approval. The following,
after receiving Town Board approval, shall be exceptions:
[1]
Editor's Note: Former § 68-140, Percentage of lot
occupancy and floor area ratio, was repealed 6-8-2010.
A.
The minimum required plot area for a single-family
dwelling shall be 6,000 square feet.
[Amended 4-18-1978; 12-19-1978; 5-7-1985; 11-1-1988; 3-24-1992; 9-11-2001; 6-8-2010]
A.
For a single-family dwelling hereafter erected, the
minimum required ground floor area, exclusive of accessory uses, such
as open porches, breezeways, sheds, decks, ramps and other such uses,
shall be 600 square feet.
B.
(Reserved)
C.
The maximum gross floor area for a single-family dwelling hereafter
erected, inclusive of all accessory structures unless specifically
excluded in this chapter, shall not exceed an FAR of 0.30.
[Amended 8-5-2014]
D.
(Reserved)
E.
For the purpose of this chapter, "deck" shall be defined as a single- or multi-level flat, open-floored, roofless structure more than four feet in width which is designed as an accessory use to a dwelling. All decks on Fire Island shall conform to the roofless deck and patio requirements in § 68-420.2 and are subject to the definition of "gross floor area" in § 68-3.
[Amended 8-5-2014; 7-20-2021]
B.
Exception. A lot need not have the required width
throughout, as long as the following requirements are met:
(1)
Said lot is 60 feet in width as measured parallel
to and 25 feet back from the front property line.
(2)
Said lot has frontage on a cul-de-sac or curvilinear
road where the side lines of the lot are straight but not parallel
and has a minimum width of 50 feet at the front property line.
(3)
Said lot otherwise complies with all the requirements
of this chapter.
C.
Separate ownership. A single-family dwelling may be
erected on any lot which was separately owned at the time of passage
of this ordinance or on any lot separately owned at the time of any
amendment thereto heretofore adopted, and which has not come into
common ownership with adjoining property and conforms to the width
of lot requirements of the Amended Zoning Ordinance prior to any such
amendment and conforms to all other minimum requirements of this chapter.
A.
Main buildings. All buildings except accessory buildings
hereafter erected shall have a required front yard of 25 feet.
B.
Corner lots. All main buildings hereafter erected
on a corner lot shall also have a front yard facing the side street.
This front yard shall be at least 15 feet.
C.
Through lots. A minimum front yard setback of 25 feet
shall be required on both street frontages on a through lot.
D.
Accessory buildings; sanitary systems.
(1)
An accessory building in a Residence BAA District
shall have a minimum front yard setback of 60 feet.
(2)
An accessory building on a corner lot shall be set back a minimum
of 20 feet from the side street property line.
[Amended 2-28-2017]
(3)
Sanitary systems above grade by more than 12 inches
shall be set back a minimum of 15 feet from any street frontage.
[Added 4-8-1997]
A.
Dwellings. All main buildings hereafter erected shall
have a side yard along each lot line other than a street or rear line.
The sum of the width of the two side yards for a single-family dwelling
shall be a minimum of 25 feet with a minimum width of either of such
side yards of 10 feet.
B.
Other permitted buildings. The sum of the width of
the two side yards for any other permitted building not an accessory
building shall be 30 feet with a minimum width of either of such side
yards of 15 feet.
A.
Dwellings and other permitted buildings. All main
buildings hereafter erected shall have a minimum rear yard whose depth
is not less than 25 feet.
B.
Accessory buildings; sanitary systems.
(1)
Accessory buildings or hot tubs shall not be nearer
to a rear line than 10 feet.
[Amended 10-13-2010]
(2)
Accessory buildings shall not occupy more than 12 1/2%
of the rear yard area.
[Amended 4-18-1978]
(3)
Sanitary systems above grade by more than 12 inches
shall not be closer to any real property line than 10 feet.
[Added 4-8-1997]
[1]
Editor's Note: Former § 68-146.1, Building separation,
was repealed 6-8-2010.
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.
[Amended 1-14-2003; 4-5-2005]
D.
Unenclosed porches encroaching not more than five
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 secondary front yards, nonconforming
front yard setbacks and nonconforming uses. In no case shall any unenclosed
porch have a depth, at any point, greater than 10 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.
[Added 1-14-2003]
E.
Open and unroofed decks encroaching not more than
five 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 secondary front yards, nonconforming
front yard setbacks and nonconforming uses. In no case shall any open
or unroofed deck have a depth, at any point, greater than 10 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.
[Added 1-14-2003]
(See Article XXX.)
[Added 4-18-1978; amended 9-4-1984]
A.
No in-ground swimming pools, in-ground wading pools,
in-ground water use structures of this or a similar type shall be
erected. As stated in the Town of Islip Comprehensive Plan, Fire Island
should continue to serve two major functions:
B.
The Town Board finds that the above uses therefor
represent an overintensification of property use on Fire Island in
light of the high development density of the area, an intrusion on
the peace and tranquility of living styles on Fire Island and an unnecessary
accessory use to a residential dwelling in light of the swimming and
bathing opportunities readily available to all residents of the beach.
C.
D.
A lot need not have the required lot area so long as the current property owner was previously granted a temporary special exception by the Zoning Board of Appeals prior to the elimination of the former Islip Town Code § 68-149.2 on December 12, 2006. In such cases, the Zoning Board of Appeals is empowered to renew the prior temporary special exception subject to compliance with the following requirements:
[Added 12-12-2006; amended 4-22-2014]
(1)
A temporary special exception to erect and maintain an aboveground swimming pool was granted by the Zoning Board of Appeals to the current property owner prior to the elimination of the former Islip Town Code § 68-149.2 on December 12, 2006; and
(2)
It is demonstrated, by sufficient documentary proof and at a
public hearing, that the property owner or his/her spouse or child
is impacted by a neurological or muscular disease which requires treatment
by aquatic therapy. Such proof must contain, at the minimum, a statement
by a medical doctor licensed to practice in the State of New York
which sets forth the current neurological or muscular condition of
the person having the physical hardship as well as the basis necessitating
the use of the swimming pool for therapeutic purposes.
E.
The following regulations and criteria must be followed by the Board
when renewing the temporary special exception to maintain an aboveground
pool not having the required plot area:
[Added 4-22-2014]
(1)
The temporary special exception may be granted for a maximum period of three years and can only be renewed after compliance with § 68-149.1D is demonstrated at a public hearing.
(2)
The temporary special exception may be granted only to the owner
of the property.
(3)
The temporary special exception is not transferrable and shall
terminate automatically upon the transfer of the property; the death
of the individual having the medical hardship; or upon any violation
of this section.
(4)
There must be a statement of nontransferability included on
every certificate of occupancy or other document acknowledging approval
of the temporary special exception contemplated herein which states:
ZBA APPLICATION # [ - ] TEMPORARY SPECIAL EXCEPTION TO MAINTAIN
ABOVEGROUND SWIMMING POOL. EXPIRES THREE (3) YEARS FROM THE DATE OF
ZONING BOARD APPROVAL. NONTRANSFERRABLE.
(5)
The statement of nontransferability must also be incorporated
in an instrument in recordable form and must be recorded against the
property in the Suffolk County Clerk's office at the expense of the
applicant. Proof of the recording must be filed at the offices of
the Zoning Board of Appeals before any approval shall take effect.
[1]
Editor's Note: Former § 68-149.2,
Temporary special exception to erect and maintain aboveground swimming
pools, added 9-4-1984, as amended, was repealed 12-12-2006.
[Added 4-18-1978]
A.
Before any permit concerning a building, structure or premises or part thereof, its use or occupation or its alteration or erection is issued, the applicant must comply with the procedure set forth in the Environmental Quality Review Ordinance, Chapter 13B.
B.
The National Park Service shall hereafter be granted
the right to be a party to any Town hearings on permit applications
concerning Fire Island.
[Added 4-8-1997]
A.
All development on Fire Island shall conform in all
respects with all federal, state and county rules and regulations
unless so modified by said agencies.
