[Amended 4-18-1978; 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:
(1) Single-family detached dwelling.
(2) Municipal park, municipal playground or municipal building or use.
(3) Public or parochial school.
[Added 3-23-1999; amended 3-14-2023]
(4) Aquaculture.
[Added 3-9-2021]
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.
[Amended 4-18-1978; 4-8-1997; 4-5-2005]
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.
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.
[Added 4-8-1997]
All uses not expressly permitted are prohibited.
[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.
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]
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]
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]
[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:
(1) Serve as a natural and protective barrier for the Great South Bay and Mainland.
(2) Serve as a resource for increased recreational activity within the natural setting.
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. Aboveground swimming pools shall be permitted as of right as an accessory use, provided that the following requirements are met:
(1) The parcel of land on which the swimming pool is to be erected and maintained shall have and continue to have a lot area of not less than 12,000 square feet.
(3) All other requirements of this article and Article
XXVIII are met.
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.
[Added 1-14-2003]
The exterior site improvements and land clearing of property shall be regulated under the Residential AAA District requirements of §
68-59.01 and Article
XXXI of this chapter.