In a Business District (BD), 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:
D.
Store, office, medical office, delicatessen, or bank.
[Amended 7-12-2022]
F.
Broadcasting studio.
G.
Community building.
H.
Personal service establishments, including but not
limited to barbershops, beauty parlors or shoe repair shops.
I.
Laundromat, provided a maximum of 30% of the overall
building street frontage is utilized for the use.
[Amended 3-14-2023]
J.
Retail dry-cleaning establishment using New York Board
of Fire Underwriters' Class I liquids.
K.
Place of business of the following and businesses
of a similar and no more objectionable nature, provided that any manufacture
or processing of goods on the premises is clearly incidental to retail
business conducted on the premises. The parking requirements and necessary
site improvements for these uses are to be determined by the Planning
Board.
[Amended 4-5-2005; 2-28-2017]
|
Baker
|
Florist
|
Photographer
| |
|
Confectioner
|
Furrier
|
Printer
| |
|
Decorator
|
Milliner
|
Tailor
| |
|
Dressmaker
|
Optician
|
Needle Trades
| |
|
Artist
|
Artisan
|
Hand-craftsmen
| |
|
Microbrewer
|
L.
Nonprofit fraternity or lodge.
M.
Historical or memorial monument.
N.
Church or other similar place or worship, or parish
house, provided that a minimum buffer area of 25 feet in accordance
with Town standards is maintained adjacent to any residential use
or zone and a site plan is submitted to and approved by the Planning
Board, or its designee, indicating compliance with all applicable
land development standards.
[Amended 4-8-1997]
O.
Automobile parking field, provided that a site plan
is submitted to and approved by the Planning Board or its designee
in accordance with all Town standards.
[Amended 4-8-1997]
P.
Additional structures and accessory buildings may
be erected on the same lot, provided that all requirements of this
ordinance are met.
Q.
Funeral parlor/home.
[Added 1-7-1986; amended 4-8-1997; 8-5-2014]
T.
Veterinarian, provided that all activities take place
within the building.
[Added 4-8-1997]
V.
Public, private or parochial school, including child
day-care centers, preschool programs, elementary and secondary schools,
vocational schools and other non-degree-granting schools, including
self-defense, dance, swimming, gymnastics and similar instruction/programs,
except those associated with manufacturing or truck driving.
[Added 3-23-1999; amended 8-5-2014]
W.
Museum.
[Added 6-8-2010]
D.
Community theater.
[Amended 4-8-1997]
I.
(Reserved)[8]
[8]
Editor’s Note: Former Subsection I, regarding bars,
taverns and nightclubs, was repealed 10-25-2011. Former Subsection
J, regarding medical centers and offices, added 1-7-1986, as amended,
former Subsection K, regarding nursing and rest homes, added 1-7-1986,
and former Subsection L, regarding convenience markets, added 9-16-1986,
all of which immediately followed this subsection, were repealed 4-8-1997.
[Added 11-14-1995; amended 4-8-1997; 3-23-1999; 9-12-2000]
A.
Minor restaurant, except as otherwise provided herein.
B.
Outside display, except as otherwise provided herein.
C.
Billiard hall.
D.
Health club, except as otherwise provided herein.
F.
Private or parochial college or university excluding
dormitories and other college or university residential uses.
G.
Mixed-use building, provided the commercial use occupies a minimum
of 30% of the gross floor area of the building.
[Amended 2-28-2017]
H.
Private parking garage as an accessory use to a permitted
principle use.
I.
Restaurant.
[Amended 9-11-2001]
J.
Any single-user freestanding retail use in excess
of 10,000 square feet of gross floor area.
[Added 4-5-2005]
K.
The location of a bank drive-in window as accessory
to a bank facility.
[Added 4-5-2005]
M.
Bar,
tavern, or night club.
[Added 10-25-2011]
N.
Outside
seating and/or outside bar service as an accessory use to a permitted
bar, tavern or nightclub, subject to the following requirements:
[Added 10-25-2011]
(1)
The outdoor area shall be located a minimum of 150 feet from any
single-family residence.
(2)
Outdoor loudspeakers of any kind shall not be permitted.
(3)
The outside area shall not be permitted to operate past 2:00 a.m.
(4)
Outside seating shall be permitted on the sidewalk area adjacent
to a dedicated roadway between the hours of 10:00 a.m. and 11:00 p.m.
for dining purposes only, 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. The service and consumption of alcohol shall
only be permitted as clearly accessory and incidental to the service
of food.
[Amended 6-19-2012]
O.
Assembly
and social recreation hall.
[Added 6-19-2012]
[Added 9-12-2000]
A.
The following uses are permitted after the review
and approval of the Planning Board, subject to compliance with the
following criteria:
(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.
A.
Public utility where no repair or storage facilities
are maintained.
B.
Single-family detached dwelling, provided the requirements for height,
yard setbacks, plot area and width, and occupancy for dwellings in
a Residence AA District are met.
[Added 12-17-2019]
C.
Two-family detached dwelling, provided the requirements for height,
yard setbacks, plot area and width, and occupancy for two-family dwellings
in a Residence CAA District are met.
[Added 12-17-2019]
A.
The following accessory uses shall be permitted when
located on the same lot with the authorized use:
(1)
Private garage.
(2)
Building for storing products, merchandise or vehicles
incidental or accessory to the authorized use.
(5)
Other 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 business.
[Amended 12-15-1981]
B.
Except with regard to construction on property principally
used for agriculture, 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.
D.
Nothing herein contained shall be construed to permit
the erection, alteration, addition, maintenance or use of premises
which shall provide outside storage, carhopping service or drive-through
service.
[Amended 7-7-1987; 10-6-1987; 4-8-1997; 9-11-2001]
E.
Within a Business District (BD) zone only, 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:
[Added 9-11-2001]
(1)
Outside seating shall be subject to the prior written
approval of the Planning Department, which Department shall have the
authority to require whatever information may be necessary to evaluate
such a request and may charge a reasonable fee for this review.
(2)
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.
(3)
Outdoor loudspeakers, exterior live entertainment
or dancing of any kind shall not be permitted.
(4)
Outside seating shall only be permitted to operate
between the hours of 8:00 a.m. and 11:00 p.m.
(5)
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.
[Amended 10-13-2010]
F.
Within a Business District (BD), a walk-up counter
or service window 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:
[Added 9-11-2001]
(1)
A walk-up counter or service window shall be subject
to the prior written approval of the Planning Department, which Department
shall have the authority to require whatever information may be necessary
to evaluate such a request and may charge a reasonable fee for this
review.
(2)
A walk-up counter or service window shall be permitted
for food purposes only. Service of alcoholic beverages from a walk-up
counter or service window shall not be permitted.
(3)
Outdoor loudspeakers, exterior live entertainment
or dancing of any kind shall not be permitted.
(4)
A walk-up counter or service window shall only be
permitted to operate between the hours of 8:00 a.m. and 11:00 p.m.
(5)
A minimum unobstructed sidewalk area of at least eight
feet shall be maintained in front of any walk-up counter or service
window.
[Added 4-8-1997]
All uses not expressly permitted are prohibited.
A.
Buildings and structures.
[Amended 11-1-1988; 12-17-2019]
(1)
In Business BD District, no building or structure shall be erected
or altered to a height in excess of 37 feet or three stories.
[Amended 3-14-2023]
(2)
The Planning Department reserves the right to require additional
architectural elements, such as cornices, parapets, pitched roofs
and windows. The design and materials of all elements of the building
shall be subject to Planning Division approval.
C.
Accessory buildings.
[Amended 11-1-1988; 4-5-2005]
(1)
Accessory structures shall not exceed 18 feet in height.
D.
Flagpoles shall not exceed 35 feet in height.
[Added 9-11-2001]
[Amended 11-1-1988]
A.
The total building area, including all buildings,
shall not exceed an FAR of 0.60.
C.
The total building area, including all buildings,
shall not exceed an FAR of 0.60 for other permitted buildings.
D.
The total building area, including all buildings,
shall not exceed an FAR of 0.25 for a two-family dwelling.
[Amended 11-1-1988; 9-11-2001]
B.
(Reserved)
C.
The minimum required plot area for business uses shall
be 7,500 square feet except as otherwise provided herein.
E.
The minimum required plot area for a community building,
nonprofit fraternity or lodge, church or other similar place of worship,
or parish house, funeral parlor/home, public school, private or parochial
school, university or college dormitory, and community theater shall
be 20,000 square feet.
[Amended 9-11-2001]
[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.
A.
For a single-family dwelling hereafter erected, the
minimum required ground floor area, exclusive of attached garages,
carports, open porches and breezeways, shall be:
(1)
For a one-story dwelling, 900 square feet.
(2)
For a two-story dwelling where the second story contains
the same living area as the first story, the minimum ground floor
area shall be 650 square feet, and both stories must be finished in
accordance with the provisions of the New York State Building Code.
B.
For all other types of dwellings, the minimum living
area shall be 500 square feet.
[Amended 9-15-2020]
C.
For the purpose of this chapter, "ground floor area"
shall mean the area within the exterior walls of the dwelling at grade
level, and further provided that the distance from floor to ceiling
shall not be more than 50% below grade.
A.
Minimum requirements.
(2)
The minimum width of lot for all permitted buildings
shall be 65 feet except as otherwise provided herein.
(4)
The minimum width of lot for a community building,
church or other similar place of worship, parish house shall be 100
feet throughout.
[Amended 3-14-2023]
(6)
The minimum width of lot for all other permitted uses
shall be 100 feet throughout.
B.
Separate ownership. A single-family dwelling may be
erected on any lot which was separately owned at the time of the passage
of the 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 ordinance.
A.
Main building. All buildings, except one-family and two-family residences, hereafter erected shall have a minimum frontyard setback of one foot and a maximum frontyard setback of 25 feet from all streets, except as otherwise provided. (See § 68-265G.) In addition, in a BD District parking shall be prohibited from said front yard area unless modified by the Planning Board.
[Amended 4-8-1997; 4-21-1998; 5-28-2008]
B.
One-family and two-family dwellings. All residences
hereafter erected in a BD District shall have a minimum front yard
setback as follows:
(1)
One-family dwelling, 40 feet.
(2)
One-family dwellings upon a corner lot shall have
a second front yard of 30 feet facing the side street.
(3)
One-family dwelling upon a through lot, 40 feet from
each street.
(4)
Two-family dwellings, 25 feet.
(5)
Two-family dwellings upon a corner lot shall have
a second front yard of 25 feet facing the side street.
(6)
Two-family dwelling upon a through lot, 25 feet from
each street.
E.
Corner lots. All main buildings erected on a corner lot shall also have a front yard facing the side street. This front yard shall have at least a ten-foot setback, unless arterial highway setback is greater (see Article XXXII).
F.
Through lots. A minimum front yard setback of 10 feet shall be required on a through lot front yard, unless arterial highway setback is greater (see Article XXXII).
[Amended 5-14-2024]
G.
Front yard transition. Wherever any side yard of a
plot in a BD District abuts the side yard of a plot in a residence
district, the minimum front yard setback for the building on the plot
in a BD District shall be the minimum requirement for the front yard
setback in the residence district.
No side yards shall be required except as otherwise
provided in the Building Code.
[Amended 3-14-2023]
The following encroachments are hereby permitted:
A.
For mixed-use
buildings, the following shall be permitted to exceed the maximum
height permitted by five feet:
(1)
Gable
or similar type roofs, elevator shafts, parapet walls and railings,
mechanical equipment, including those used for renewable energy (must
be properly screened pursuant to the satisfaction of the Commissioner
of Planning or his/her designee), cupolas, steeples, chimneys, rooftop
gardens or similar amenities, or other architectural features intended
to provide superior architectural design.
[Amended 9-4-1973]
This district is specifically designed to encompass
the so-called "downtown" areas of the Town of Islip. These areas do
not have adequate parking, and in each "downtown" section the Town
has endeavored to purchase land and provide parking itself. Therefore,
the following guidelines are to be followed:
A.
Parking. Any new building or change of use to a use
requiring more parking shall be required to provide parking on site
pursuant to the Table of Minimum Required Parking Spaces, which is
located in Town of Islip Subdivision and Land Development Regulations
(https://www.islipny.gov/community-and-services/documents/planningdevelopment/engineering/303-town-of-islip-subdivision-and-land-develppmentregulations/file),
except as provided herein. Where there is more than one use, the minimum
requirements shall be cumulative for all uses. If requesting a parking
relaxation, applicant shall submit a parking management plan to demonstrate
that the parking arrangement will satisfy the purposes of the parking
requirements, resulting in approvals if demonstrated to the satisfaction
of the Planning Board. An applicant may demonstrate alternative methods
of providing parking, including, but not limited to, off-street parking
requirements on another site, within walking distance, upon review
and approval of the Planning Board, pursuant to agreements in place.
[Amended 3-14-2023]
B.
Parking within the front yard area shall be prohibited.
All parking shall be located to the rear or side of the building pursuant
to the direction of the Planning Board.
[Added 4-8-1997][1]
[1]
Editor's Note: A former Subsection B, which
provided guidelines for off-street parking and self-contained drainage
for new residences and multiple dwellings, was repealed 5-7-1985.
C.
If a new building is constructed, if an existing building is altered or expanded so as to increase its total floor area or if the use of a building is changed to one which generates a need for more parking spaces than required by the previous use, then parking facilities must comply with Article XXXI of Chapter 68 and the Subdivision and Land Development Regulations.
[Amended 5-7-1985; 8-19-1986; 4-5-2005]
E.
Sidewalks. Sidewalks shall be installed along all street frontages in accordance with Article XXXI.
F.
Screen planting. Screen planting shall be installed in accordance with Article XXXI. A minimum buffer area of 25 feet in width in accordance with Town standards shall be provided and maintained adjacent to any residential use or zone.
[Amended 4-8-1997]
G.
Buildings. Windows of occupied or unoccupied buildings
shall not be removed nor shall such windows be boarded up for a period
exceeding 10 working days without the approval of the Commissioner
of the Department of Planning and Development. Such approval may be
granted by the Commissioner in those circumstances where the building
is under construction or reconstruction, has been damaged by fire
or when the owner or occupant, for reasons beyond his control, is
unable to obtain replacement materials.
[Added 2-5-1985; amended 3-14-2023]
H.
Except as provided herein, all improvements required
pursuant to the Islip Town Code and Subdivision and Land Development
Regulations shall be maintained.
[Added 4-8-1997]
[Amended 9-15-2020]
Prior to the submission of any new construction
building permit applications, representative exterior architectural
drawings shall be approved by the Planning Division. The Planning
Division shall review the plans for overall building design, materials,
colors, screening and other architectural consideration. A denial
of architectural approval by the Planning Division may be appealed
to the Planning Board.
A.
Building
materials. All new buildings should preserve or improve the neighborhood
character achieved through the integration of form, style, and the
use of materials. Exterior walls shall be designed and constructed
using quality building materials appropriately applied to create aesthetically
pleasing and enduring structures that contribute positively to the
overall character of the area. Building materials shall be of high
quality and shall be utilized in a manner appropriate to their properties,
where heaviest appearing materials are kept at the base. The use of
EIFS and decorative concrete block shall be limited.
[Amended 3-14-2023]
C.
Building
façade and design. Building facades that face the street or
have a prominent exposure to other public areas shall include design
measures that increase the building's aesthetic appeal to enhance
and reinforce existing design qualities found in the neighborhood.
Such measures shall include:
[Amended 3-14-2023]
(1)
All
buildings should provide at least two horizontal expression lines
appropriate for the scale of the building to differentiate between
the base, middle or top of buildings and emphasize a massing transition
or change of use, articulated through the use of material, moldings
shading devices, changes of material, changes of color, cornices,
and other similar architectural elements.
(2)
Facade
elements, including visual structural elements, openings, and details
should utilize a coherent system of vertical proportions achieved
by, and not limited to, changes in material, color, recessed sections,
different cornice height or different roof condition.
(3)
Articulation
of the building facade by incorporating elements such as porches,
terraces, bay windows, dormers, pilasters, or building setbacks.
(4)
Architectural
details (such as brackets, banding, railings, chimneys, entry columns,
or window shutters) shall be designed to incorporate compatibility
with the architectural qualities of prominent buildings in the neighborhood.
(5)
Buildings
shall have a first level facade of the primary street frontage that
is transparent (glass) between three feet and eight feet above the
ground for at least 70% of the horizontal length of the building facade.
(6)
There
shall be at least one commercial door entrance for every 75 feet of
street frontage.
(7)
50%
of the ground level structured parking on primary street frontage
shall have at least 10 feet of building space as a lining use.
D.
Screening.
Rooftop equipment, mechanical equipment, structured parking, dumpsters,
loading areas, etc., shall be screened consistent with the building
style or, for ground-level features, with fencing and/or landscaping.
[Amended 3-14-2023]
E.
Signage. Signage within the Business District is not subject to the uniform design requirements as outlined in § 68-397B(6)(a); however, all signage is subject to the review and approval of the Planning Division in terms of design compatibility, color, materials, height, and size. All other requirements as outlined in § 68-397B(6) shall apply.
F.
Mixed-use
buildings. All mixed-use buildings shall:
[Added 3-14-2023]
(1)
Have
a minimum of 12 feet floor-to-floor for the first floor of commercial
uses and a minimum of eight feet for upper floors.
(2)
Differentiate
between the base, middle or top of the building, and emphasize a transition
of a change of use.
(3)
Provide
a residential lobby for buildings with four or more apartments, in
a location that is convenient to its residents.
