[Added 4-8-1997]
A.
The site shall be located within a convenient distance
to a downtown center or in the alternative existing retail services.
B.
The site shall maintain convenient access to public
transportation services.
C.
The site shall be of sufficient size and shape so
as to provide for the required buffer, landscaping and setback requirements.
D.
The site shall be of sufficient size so as to provide
for adequate parking in accordance with Town standards while still
maintaining a residential appearance to the site.
E.
The site shall be of sufficient size so as to provide
for ample open space and/or recreation areas consistent with the needs
of the residents and the goals of the Town of Islip.
In a Residence CA 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 or
more of the following purposes:
The uses permitted by special permit from the
Town Board after public hearing shall be the same as those permitted
in a Residence AAA District when authorized by a special permit from
the Town Board after public hearing, and no other.
[Added 7-13-1999]
The uses permitted by special permit from the
Planning Board after a public hearing shall be the same as those permitted
in a Residence AAA District when authorized by special permit from
the Planning Board after a public hearing, and no other.
The uses permitted as special exceptions by
the Board of Appeals after public hearing shall be the same as those
permitted in a Residence AAA District when authorized as a special
exception by the Board of Appeals, and no other.
No accessory use and structure shall be permitted
in a Residence CA District except those which are permitted in a Residence
AAA District.
[Added 4-8-1997]
All uses not expressly permitted are prohibited.
[Amended 12-21-1993; 4-8-1997]
A.
An attached or detached single-family dwelling shall
not exceed 35 feet in height or two stories.
B.
Apartments shall not exceed 35 feet in height or two stories for
living purposes; provided, however, that in a specific application
and after a public hearing, the Town Board may permit additional height
and grant additional stories for apartment houses or garden apartments;
provided, further, that the portion of the apartment building which
is erected in excess of 35 feet shall be set back a minimum of one
additional foot for each additional foot of height with relation to
front yards, rear yards and side yards. In no instance shall any building
exceed four stories.
[Amended 12-17-2019]
C.
Flagpoles shall not exceed 18 feet in height.
[Added 9-11-2001]
D.
An accessory building shall not exceed 35 feet in
height or 2 1/2 stories. Accessory garages shall be limited to
18 feet in height.
[Amended 7-20-2021; 7-12-2022]
A.
The total building area for all permitted uses, including
all buildings, shall not exceed an FAR of 0.20, except when density
bonuses are granted in accordance with §§ 173.1, 173.2
and 173.3 of this article in which case a maximum FAR of 0.3 may be
permitted by the Town Board after public hearing.
[Amended 11-1-1988; 4-8-1997; 5-21-2013]
F.
Accessory buildings shall not occupy more than 15%
of the total lot area.
[Amended 6-3-1969; 6-15-1976; 9-1-1981; 11-1-1988; 12-21-1993; 4-8-1997]
A.
The minimum required plot area for an apartment house
or garden apartment-or attached single-family dwelling shall be 80,000
square feet.
B.
The minimum required plot area for each detached single-family
dwelling shall be 10,000 square feet.
C.
A minimum lot area of 30,000 square feet shall be required when the
following criteria is met:
[Added 12-17-2019]
(1)
The subject parcel is within 1,250 feet of a Long Island Railroad
Station or a parcel eligible for the Downtown Development District
zoning district.
(2)
The rear yard consists of 15% open space exclusive of buffer and
parking areas.
(3)
No parking in the front yard.
(4)
The building must have a lobby from which all rooms are accessible
(via hallways, elevators). No entry doors to each unit are permitted.
[Added 4-8-1997]
Density shall be determined based upon consistency
with the general design criteria as determined by the Planning Board
during the site plan review process.
A.
A maximum of nine dwelling units per acre shall be
permitted for apartment houses or garden apartments, except as otherwise
provided in §§ 173.1, 173.2 and 173.3 of this article.
[Amended 5-21-2013]
B.
A maximum of six dwelling units per acre shall be
permitted for attached single-family dwellings, except as otherwise
provided in §§ 173.1, 173.2 and 173.3 of this article.
[Amended 5-21-2013]
C.
A maximum of four dwelling units per acre shall be
permitted for detached single-family dwellings. Lot area shall not
include public facilities such as roads, including interior roads,
drainage areas or open space areas as determined by the Planning Board.
[1]
Editor's Note: Former § 168-173,
Living area, was repealed 11-1-1988.
[Added 5-21-2013[1]]
A.
In accordance with the provisions of Town Law § 261-b,
the Town Board is empowered to provide for a system of zoning incentives,
or bonuses, as deemed necessary and appropriate to advance the Town's
specific physical, cultural and social policies in accordance with
the Town's comprehensive plan and in coordination with other community
planning mechanisms or land use techniques.
B.
The Town Board has determined that affordable housing, as well as
energy and sustainable design, are suitable community benefits which
warrant promotion through the density bonuses hereinafter described.
If the Town Board determines that affordable housing/energy and sustainable
design are not immediately feasible or otherwise not practical, the
Town Board may accept a payment to the Town in lieu thereof. Any such
payment shall be deposited in a trust fund to be used by the Town
Board exclusively for specific community benefits authorized by the
Town Board.
C.
In order to utilize the density bonuses described herein, an applicant shall make application for approval from the Town Board through the Department of Planning and Development in accordance with the procedures outlined in Article IVA of this chapter.
D.
At no time shall overall densities exceed 12 units per acre for apartment
houses and garden apartments.
E.
At no time shall overall densities exceed 10 units per acre for attached
single-family dwellings.
[1]
Editor's Note: This ordinance also provided for the renumbering
of former § 173.1 as § 173.2.
[Added 4-8-1997; amended 5-21-2013; 12-17-2019]
A.
Minimum requirements. A minimum of 10% of all dwelling units permitted
pursuant to this article shall be designated as affordable housing
on site in accordance with Town standards.
B.
Affordable housing density bonus. Provided that a minimum of 20% of all units permitted pursuant to § 68-166.1A and B are maintained as affordable units on site, additional density may be permitted by the Town Board after public hearing pursuant to the following provisions:
(1)
The maximum permitted density for apartment houses or garden
apartments may be increased, provided that each additional unit above
nine units per acre is designated as affordable housing in accordance
with Town standards, or that a minimum of 20% of the total number
of units are designated as affordable, whichever is more restrictive.
(2)
The maximum permitted density for attached single-family dwellings
may be increased, provided that each additional unit above six units
per acre is designated as affordable housing in accordance with Town
standards, or that a minimum of 20% of the total number of units are
designated as affordable, whichever is more restrictive.
(a)
To qualify for the affordable housing density bonus on attached
single-family dwellings, the sales prices of affordable units shall
be established such that the units are affordable for households whose
earnings do not exceed the median family income for the Nassau-Suffolk
Metropolitan Area as established by the United States Department of
Housing and Urban Development (HUD MFI), as adjusted for family size.
(b)
If the sales prices of the affordable units are set lower than as described in § 68-173.2B(2)(a), fewer affordable units may be required to meet the density bonus requirements. The percentage reduction in the number of affordable units required shall be equal to the percent change in affordability from the HUD MFI, (i.e., units designated as affordable to households earning 80% of HUD MFI shall be permitted a reduction of 20% in the number of affordable units required to qualify for the affordable housing density bonus).
(c)
The Town Board in its discretion may permit a range of affordability
levels for a particular project, provided that the average level of
affordability complies with these requirements.
[Added 5-21-2013]
A.
Energy and sustainable design density bonus. Additional density may
be permitted by the Town Board after public hearing pursuant to the
following provisions:
(1)
The permitted density for apartment houses, garden apartments
and/or attached single-family dwellings may be increased, provided
that solar, wind, geothermal, or other alternative renewable energy
source deemed acceptable by the Town Board will provide a percentage
of the total energy needs of the development, as measured using Comcheck
or other applicable energy modeling system sanctioned by the New York
State Energy Code, in accordance with the table below:
|
Total Energy Needs of Site Provided by Alternative Renewable
Energy Source
(percentage)
|
Additional Permitted Density Above Base Permitted Density
(units per acre)
|
|---|---|
|
At least 30%
|
Up to 1
|
|
At least 50%
|
Up to 2
|
|
At least 70%
|
Up to 3
|
(2)
The permitted density for apartment houses, garden apartments
and/or attached single-family dwellings may be increased, provided
that the development complies with Leadership in Energy and Environmental
Design (LEED) standards or the National Green Building Standard (NGBS)
for certification, in accordance with the table below. The bonus unit(s)
shall not be constructed until proof of certification has been verified
by the Commissioner of Planning and Development.
|
Type and Level of Certification
|
Additional Permitted Density Above Base Permitted Density
(units per acre)
|
|---|---|
|
Leadership in Energy and Environmental Design (LEED) standards
for Certification or
National Green Building Standard (NGBS) standards for Bronze
Certification
|
Up to 1
|
|
Leadership in Energy and Environmental Design (LEED) standards
for Silver Certification or
National Green Building Standard (NGBS) standards for Silver
Certification
|
Up to 2
|
|
Leadership in Energy and Environmental Design (LEED) standards
for Gold Certification or
National Green Building Standard (NGBS) for Gold Certification
|
Up to 3
|
[Added 12-17-2019]
A.
In the Residence CA District the following recreational uses shall be allowed as an additional use to the uses permitted under § 68-166.1: golf courses, commercial equestrian stables and riding academies, and community gardens.
B.
Maximum permitted density shall be determined based on the total lot area of the subject parcel and may include density bonuses pursuant to § 68-173.1. The residential development rights of the portion of the subject parcel devoted to the recreational use shall be transferred to the portion of the subject parcel devoted to the permitted use. The portion of the subject parcel devoted to the recreational use shall not be developed or used for residential purposes or for any purpose other than the recreational use. A restrictive covenant shall be recorded by the property owner prior to any site plan approval evidencing such transfer of residential development rights.
C.
To enable and encourage flexibility of design so as to allow recreational
uses as a component of development undertaken pursuant to this section
and provide visual open space, the Planning Board shall establish
the requirements for lot width and setbacks. A restrictive covenant
shall be recorded by the property owner prior to any site plan approval
setting forth the Planning Board's determination regarding such requirements.
[Amended 4-8-1997]
A.
Minimum requirements.
B.
Exception. A lot need not have the required width
as measured parallel to and 30 feet back from the front property line,
so long as:
(1)
Said lot has the required width as measured parallel
to and 50 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; and
(3)
Said lot otherwise complies with all requirements
of this chapter.
[Amended 11-1-1988; 4-8-1997]
A.
The minimum required front yard setback for an apartment
house or garden apartment shall be 50 feet from all streets for all
parcels two acres and less in size, unless arterial setback is greater.
B.
The minimum required front yard setback for an apartment
house or garden apartment shall be 75 feet from all streets for all
parcels greater than two acres in size, unless arterial highway setback
is greater.
C.
The minimum required front yard setback for an attached
or detached single-family dwelling shall be 50 feet from all streets,
unless arterial highway setback is greater.
D.
The minimum required front yard setback for security
booths and gatehouses shall be 25 feet. The minimum required front
yard setback for all other accessory buildings shall be 75 feet from
all streets, unless arterial highway setback is greater.
[Amended 4-8-1997]
A.
A minimum setback of 50 feet shall be provided for
all apartment houses or garden apartments or attached single-family
dwellings from all adjoining properties, except when density bonuses
are granted in accordance with §§ 173.1, 173.2 and
173.3 of this article, in which case a minimum setback of 25 feet
may be permitted by the Town Board after public hearing.
[Amended 5-21-2013]
B.
A minimum setback of 25 feet shall be provided for
all detached single-family dwellings from all adjoining properties.
C.
A minimum setback of 25 feet shall be provided for
all accessory buildings.
[1]
Editor's Note: Former § 68-177, Building separation,
was repealed 6-8-2010.
The following encroachments are hereby permitted:
A.
Cornices, eaves, gutters, window wells and chimneys
projecting not more than 24 inches. Window wells for egress windows
shall be permitted to encroach 36 inches or the amount necessary based
on New York State Uniform Building Code.
[Amended 7-20-2021]
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
wider or deeper than six feet nor more than three feet in height.
[Amended 4-8-1997; 4-5-2005]
A.
The exterior site improvements and land clearing of property shall be regulated under the Subdivision and Land Development Regulations and Article XXXI of this chapter.
B.
A minimum buffer area of 25 feet in width, in accordance
with Town standards, shall be provided and maintained adjacent to
any residential zone or use.
(See Article XXX.)
