Town of Islip, NY General Provisions

All frontages, depths, widths and areas shall be net, measured to or from the side streets, alleys or rights-of-way.

ACCESSORY STRUCTURES, COMMERCIAL

The word "person" includes a profit or nonprofit corporation, company, partnership or individual.

(4)

The word "Town" shall mean the Town of Islip.

(5)

The term "Town Board" shall mean the Town Board of the Town of Islip; the term "Planning Board" shall mean the Planning Board of said Town; the term "Board of Appeals" shall mean the Board of Appeals of said Town: the term "Commissioner of Planning" shall mean the Commissioner of Planning and Development of the Town of Islip; the term "Town Clerk" shall mean the Town Clerk of the Town of Islip.

[Amended 12-17-2019]

Definitions.

A structure, including buildings, customarily incidental and subordinate to the principal building or use and located on the same lot.

[Added 3-14-2023]

ACCESSORY STRUCTURES, RESIDENTIAL

A structure, including buildings, customarily incidental and subordinate to the principal building or use and located on the same lot. Accessory structures shall maintain the same dimensional requirements as those required for accessory buildings. Accessory structures shall be limited in the following ways:

[Amended 9-12-2000; 1-14-2003; 7-12-2022; 3-14-2023]

Accessory buildings connected to a main structure with walkways, decking, or breezeways shall not be used for habitable purposes;

If constructed on a foundation, only a slab foundation shall be permitted, except those regulated by flood zone construction standards;

ACCESSORY WIND ENERGY TURBINE

Shall not be used for habitable purposes;

(4)

Shall be limited to one story in height;

(5)

Shall not contain indoor showers, tubs, spas or the like. Bathrooms shall be limited to a sink and toilet with a maximum size of 20 square feet;

(6)

Shall not have interior walls, except for a bathroom;

(7)

Shall not have heat or air conditioning;

(8)

Shall be limited to a maximum of 400 square feet if plumbing fixtures are located within, except as otherwise prohibited or limited herein;

(9)

Shall not contain cooking facilities, except if the structure is open on one or more sides.

An assemblage of towers, poles, structures or devices attached thereto, used to convert wind energy into electrical or mechanical energy in order to supplement an existing power source of a primary permitted structure. Accessory wind energy turbines shall be subject to the regulations found in § 68-420.9 of this ordinance or in any other explicit regulation found within each zoning district section contained herein. Structures or devices which provide power to any other dwelling or structure located on a separate property are not considered part of this definition.

[Added 12-2-2008]

ADULT DAY-CARE FACILITY

A facility licensed by New York State which provides a structured, supervised program of meals, health, social and related support services to elderly or other adults requiring supervision, but which does not provide overnight occupancy.[1]

[Added 2-25-1992; amended 4-8-1997]

AFFORDABLE HOUSING, RENTAL UNITS

The adjusted gross annual income for occupants of affordable one-bedroom units shall not exceed an initial level of 80% of the current median family income for the Nassau-Suffolk Fair Market Rent Area as published annually by the United States Department of Housing and Urban Development ("HUD MFI") for a family size of two, and the cost of monthly rent plus utilities for each of the affordable units shall not exceed 30% of 80% of median income for a family size of two. Occupants shall be permitted to remain in the affordable unit until their gross annual income exceeds 100% of the aforementioned median family income. Rents must either include utilities (heat, electricity and water), or must be reduced in accordance with the most current utility schedule available from the Islip Housing Authority. Affordable studio units shall be subject to the same requirements based on the current HUD MFI for a family of one, affordable two-bedroom units shall be subject to the same requirements based on the current HUD MFI for a family of three, and affordable three-bedroom units shall be subject to the same requirements based on the current HUD MFI for a family of four. The property owner or management company shall enter into a contract with a not-for-profit HUD Certified Housing Counseling Agency to review and certify compliance with the above provisions. This contract must be provided prior to issuance of rental permit(s) and upon request to the Town of Islip Planning Department.

[Added 5-21-2013; amended 2-28-2017; 7-25-2017; 7-20-2021]

AFFORDABLE HOUSING, SALE UNITS

The initial sales price of each sale housing unit shall not exceed a multiple (two times for a one-bedroom unit, 2 1/2 times for a two-bedroom unit, and three times for a three- or four-bedroom unit) of 100% of the estimated median family income for the sale year for the Nassau-Suffolk, New York HUD Metro FMR Area as determined by the United States Department of Housing and Urban Development ("HUD"). The Town Board in its discretion may permit by Town Board resolution a range of affordability levels for a particular project, provided that the average level of affordability complies with this requirement. In addition, each individual purchasing family's income shall not exceed 100% of the estimated median family income for the sale year for the Nassau-Suffolk, NY HUD Metro FMR Area as determined by the United States Department of Housing and Urban Development ("HUD"), as adjusted for family size. Subsequent purchasers of such units shall have at the time of purchase an income at or below 100% of the median income for the Nassau-Suffolk primary statistical area as defined by the federal Department of Housing and Urban Development. The property owner shall enter into a contract with a not-for-profit HUD Certified Housing Counseling Agency to review and certify compliance with the above provisions. This contract must be provided prior to the issuance of certificate(s) of occupancy and upon request to the Town of Islip Planning Department. To insure continued compliance with this legislation, and as a condition of a change of zone or subdivision approval pursuant to New York State Town Law, all affordable sale units shall be subject to covenants and restrictions that run with the land, and restrict the sale and resale of such units in accordance with the above requirements.

[Added 5-21-2013; amended 2-28-2017; 7-20-2021]

AFFORDABLE HOUSING, SALE UNITS (SENIOR)

The initial sales price of each sale housing unit shall not exceed a multiple (two times for a one-bedroom unit, 2 1/2 times for a two-bedroom unit, and three times for a three-or four-bedroom unit) of 100% of the estimated median family income for the sale year for the Nassau-Suffolk, New York HUD Metro FMR Area as determined by the United States Department of Housing and Urban Development (HUD). The Town Board in its discretion may permit by Town Board resolution a range of affordability levels for a particular project, provided that the average level of affordability complies with this requirement. In addition, each individual purchasing family's income shall not exceed 100% of the estimated median family income for the sale year for the Nassau-Suffolk, NY HUD Metro FMR Area as determined by the United States Department of Housing and Urban Development (HUD), as adjusted for family size, nor shall such purchasing household possess net liquid assets and equity in real property totaling more than 2 1/2 times the unsubsidized price (before grants) of the affordable unit after deducting purchaser's down payment and estimated closing costs. Subsequent purchasers of such units shall have at the time of purchase an income at or below 100% of the median income for the Nassau-Suffolk primary statistical area as defined by the federal Department of Housing and Urban Development, and such purchaser shall not possess net liquid assets and equity in real estate totaling more than 2 1/2 times the unsubsidized price (before grants) of the affordable unit after deducting purchaser's down payment and estimated closing costs. The property owner shall enter into a contract with a not-for-profit HUD Certified Housing Counseling Agency to review and certify compliance with the above provisions. This contract must be provided prior to the issuance of certificate(s) of occupancy and upon request to the Town of Islip Planning Department. To insure continued compliance with this legislation, and as a condition of a change of zone or subdivision approval pursuant to New York State Town Law, all affordable sale units shall be subject to covenants and restrictions that run with the land, and restrict the sale and resale of such units in accordance with the above requirements.

[Added 3-14-2023]

AMBULETTE

A vehicle primarily responsible for transporting people for medical purposes in nonemergency situations that is approved by the New York Department of Transportation. Said vehicle shall not be construed as a taxi.

[Added 6-8-2010]

ANIMAL CARE CENTER

An establishment whose primary service is the boarding of dogs and cats, inclusive of day care, grooming, veterinary care and behavior training. An animal care center shall be located a minimum distance of 500 feet from any residential use or zone. Outside activity shall be located a minimum distance of 500 feet from any residential use or zone. The accessory sale of animal care products, including, but not limited to, food, toys, and cleaning products, shall be clearly incidental and limited to 10% of the overall gross floor area or 2,000 square feet, whichever is less.

[Added 4-8-1997; amended 2-28-2017]

APARTMENT

An entirely self-contained dwelling unit containing complete housekeeping facilities, including cooking facilities, for only one family. An apartment shall have no enclosed space in common with any other dwelling or apartment other than vestibules, entrances hallways or porches.

[Added 4-8-1997]

APARTMENT HOUSE

A building or buildings arranged, intended or designed to be occupied by two or more individuals or families living independently of each other in apartments.

[Amended 4-8-1997; 7-12-2022]

ASSEMBLY AND SOCIAL RECREATION HALL

A center, excluding game rooms, game centers, or bars, taverns or nightclubs, as defined herein, in which people assemble, where the purposes of assembly are amusement, entertainment, education, recreation, socialization, relaxation, association or communication, or any similar purpose or purposes. Such establishment may serve beverages or allow their consumption on the premises as accessory to the primary assembly use.[2]

[Added 8-19-1980; amended 6-8-2010]

ATTIC

The unfinished space between the ceiling assembly and the roof assembly.

[Added 9-15-2020]

AUCTION HOUSE

A building, site, or portion of a site used for auctioning of real, personal and intellectual property at scheduled auction events wherein bids for the items are solicited and accepted to effectuate the sale thereof. Auction houses shall not include any business that engages in retail sale of items at set prices to the general public. An auction house that, as an accessory use, engages in outdoor storage of vehicles, boats or heavy equipment shall not be considered a violation of § 68-338R, which prohibits outdoor storage of vehicles, but shall require a special permit from the Planning Board, as set forth below in § 68-340.1.

[Added 12-17-2019]

AUTOMOBILE PARKING FIELD

A lot used solely for the parking of registered automobiles. An automobile parking field shall only be used in conjunction with a permitted use which is adjacent to or directly across the street from the parking field and, provided that a site plan is submitted to and approved by the Planning Board or its designee indicating compliance with all Town standards. Overnight parking or outdoor storage shall not be permitted, unless otherwise approved or permitted in the underlying zoning district.

[Added 4-8-1997; amended 7-20-2021]

BAR, TAVERN OR NIGHTCLUB

An establishment principally engaged in the sale and service of alcoholic beverages for on-premises consumption, subject to regulatory authority of the New York State Liquor Authority and consisting of one or more of the following characteristics: age restrictions or cover charges for admission; dancing, music provided by live entertainment, disc jockeys, jukeboxes or the like; and hours of operation which extend beyond the normal dining times for dinner. The accessory or incidental sale of foods or snacks shall not entitle such a use to be considered restaurant or minor restaurant use under other provisions of this Code, but the permanent or temporary removal or relocation of tables and chairs from such an establishment to permit any of the aforesaid characteristics shall constitute the creation of a bar, tavern, or nightclub use. Production of a limited amount of beer on-premises, for both on- and off-premises consumption, shall be permitted as a use clearly accessory to a bar, tavern, or nightclub, not to exceed 25% of the gross floor area of the establishment, subject to the limitations of a restaurant brewer license issued by the New York State Liquor Authority. Spent grain from the brewing process shall be stored in rodent proof containers until disposed of off site.

[Added 4-8-1997; amended 2-28-2017]

BASEMENT

A story that is not a story above grade plane.

[Added 1-14-2003; amended 9-15-2020]

BAY ISLAND

Any of the islands located within that portion of the Great South Bay owned by the Town of Islip or the federal government, including but not limited to Captree Island(s), Sexton Island, Havemeyer Island, East Fire Island and West Fire Island.

[Added 6-8-2010]

BILLIARD HALL

A business primarily engaged in the renting of more than one billiard table on an hourly or per-use basis. This definition shall not apply to businesses whose primary use is a restaurant, or bar, tavern or nightclub, that offers billiard tables as an accessory use.

[Added 6-8-2010]

BOAT

Any vessel used on the water or capable of being used as a means of transportation, except a kayak, canoe, rowboat, personal watercraft or specialty prop-craft.

[Added 2-24-2009]

BOAT BERTH

A place or structure built along or at an angle from the shore of navigable water for the mooring of boats.

[Added 5-6-1980]

BUILDING

A structure having a roof supported by columns or walls. When separated by a party wall without openings, it shall be deemed a separate "building."

BUILDING AREA

The aggregate of the maximum cross-sectional areas of the buildings on the lot, excluding cornices, eaves or gutters projecting not more than 18 inches, steps, open terraces or other features of an ornamental character.

BUILDING, FRONT LINE OF

The point of the main building nearest to the street property line of the lot.[3]

[Added 9-11-2001]

CAFETERIA

An accessory food service use located within a permitted principal use consisting of self-service tray lines wherein patrons select from a range of prepared or prepackaged food items and subsequently pay for said items at a cashier prior to entering the primary dining area. This definition shall not be construed to include minor restaurants, restaurants or fast-food restaurants as defined herein. Cafeterias shall only be permitted as accessory to a permitted principal use and must be located within the same structure as the permitted principal use. Cafeterias shall not provide food service to the general public, and patrons shall consist only of those working in or visiting the permitted principal use. Waiter or table service shall be prohibited in connection with a cafeteria use.

[Added 5-2-2000]

CANOPY

An accessory structure, subject to zoning district and arterial highway setback requirements, without sidewalls or drops for at least 75% of its perimeter, and supported by columns or posts or attached to a building, used to provide shelter from the elements. Canopies may include shelters over gasoline pump island(s) or service depots. Permanent canopies accessory to retail fuel service stations shall be exempt from Article XXXIX, Tents and Canopies, but must still observe all pertinent requirements of the Town of Islip Zoning Code, inclusive of, but not limited to, Articles XXVII and all New York State Building and Fire Code requirements.

[Added 8-25-1987; amended 1-14-2003; 2-28-2017; 7-20-2021]

CANOPY SIGN

A secondary wall sign that identifies a single service, graphic or symbol in individual channel letters or block design located on the fascia of the permitted canopy.

[Added 1-14-2003]

CAR WASH (MOTOR VEHICLE WASH)

A building or part of a building used for the washing of motor vehicles. A car wash shall provide queuing for at least 12 cars.[4]

[Added 4-8-1997; amended 12-17-2019]

CHILD DAY-CARE CENTER

Any premises that provides care for six or more children during the day or evening hours and where tuition, fees or other forms of compensation are charged regardless of whether or not the facility is licensed by any state or other governmental agency. A minimum lot area of one acre shall be required in connection with any day-care center operated within a residential zone. This definition does not include day camps, registered nursery schools, kindergartens, after-school religious instruction programs or residential day care licensed by New York State.

[Added 4-8-1997; amended 11-19-2019]

CLUBHOUSE

An accessory structure located on the same property as, or associated with, a residential community. Said structure shall be permitted to include a sales/management office, bathrooms, showers, cooking facilities, and additional space for recreation, social gatherings, and similar type uses.

[Added 3-14-2023]

COLLATERAL LOAN BROKER

Any person, partnership or corporation:

[Added 6-23-2009]

Loaning money on deposit or pledge of personal property, other than securities or printed evidences of indebtedness; or

Dealing in the purchasing of personal property on condition of selling it back at a stipulated price; or

DWELLING, SINGLE OR ONE-FAMILY

Designated or doing business as a furniture storage warehouseman and loaning and advancing money upon goods, wares or merchandise pledged or deposited as collateral security.

COMMERCIAL BILLBOARDS

Any outdoor sign attached to a pole or post or posts safely embedded in the ground, which is larger than an advertising sign.

CONVENIENCE MARKET

A retail establishment which sells food and beverages, prepackaged or packaged within the establishment and in a ready to consume state and which may also sell newspapers, magazines and/or other sundries of a convenience nature, and which is open at least 15 hours per day. A retail establishment commonly referred to as a "supermarket" with a minimum gross floor area of 25,000 square feet shall not be included as a part of this definition.

[Added 9-16-1986; amended 4-8-1997]

CRAFT TRADE SHOP

Establishments for custom work and for making articles to be sold at retail on the subject parcel intended for the general public and not for wholesale, including, but not limited to, artist, artisan, baker, confectioner, decorator, dressmaker, furrier, glassmaker, ironsmith, milliner, printer, or photographer. This definition shall not apply to those uses explicitly defined within this section, industrial manufacturing, mass production or for the brewing and distilling of alcoholic beverages.

[Added 12-17-2019]

DANCE HALL

A public hall in which people assemble, where the main purpose of assembly is dancing to musical accompaniment, live or recorded. Such establishment may serve alcoholic beverages. It must have conspicuously posted on the premises a certificate of compliance with the State Labor Law assembly provisions and must comply with the Town of Islip Fire Prevention Code.[5]

DECKS/PATIOS

A single or multilevel open, flat, floored structure, without a roof or other enclosed structure, composed of wood, metal, masonry or similar material. "Decks and patios" shall be set back in accordance with the schedule of setback requirements identified in § 68-407. Decks and patios which contain roofs or other enclosed structures shall conform to the minimum setback requirements of the main structure, or as indicated in § 68-407, whichever is greater.[6]

[Added 3-24-1992]

DELICATESSEN

A retail-type establishment which sells food and beverages, prepackaged or packaged within the establishment and in a ready-to-consume state, which is open no more than 15 hours a day, and which utilizes a minimum of 50% of the floor area open to customers for the display of sundries and foodstuffs for sale. Cooking facilities may be permitted on site for the preparation and service of food. The addition of seating to the facility changes the use to a minor restaurant or restaurant use as appropriate.

[Added 4-5-2005; amended 9-19-2017]

DOCK

A wharf or portion of a wharf extending along the shoreline and generally connected with the uplands throughout its length.[7]

[Added 12-12-2006]

DWELLING

A building designed exclusively for residential purposes and arranged or intended to be occupied by one individual or one family only.

[Added 4-8-1997]

DWELLING, ATTACHED

A building(s) arranged, designed for and occupied by two or more families living independently of each other in separate dwelling units.[8]

[Amended 1-16-1990; amended 4-8-1997]

DWELLING, MULTIPLE

A building or portion thereof arranged, designed for or occupied by three or more families living independently of each other with separate cooking facilities. A boardinghouse, furnished-room house, dormitory, rooming house, tourist house or fraternity house is a building in which there are less than 30 sleeping rooms occupied primarily by transients who are lodged with or without meals and in which there are provided such services as are incidental to its use as a temporary residence, and is a "multiple dwelling"; a dwelling occupied by one or two families with five or more transient boarders, roomers or lodgers in one or both households.[9]

A building designed exclusively for residential purposes and arranged or intended to be occupied by one individual or one family only. A single or one-family dwelling shall not have a separate entrance leading to a separated living space which contains a stove, kitchen and/or attached plumbing fixtures.

[Amended 12-12-2006; 6-8-2010]

DWELLING, TWO-FAMILY

A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other.

[Amended 1-7-1986]

FAMILY

— One or more persons, whether or not related to each other by blood, marriage or adoption, all occupying a single, whole, legal single or one-family dwelling unit as a traditional family or the functional equivalent of a traditional family, having access to and utilizing the whole of such dwelling unit, including but not limited to all rooms and housekeeping facilities, in common.

[Amended 4-8-1997]

In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:

The group is one which in structure and function resembles a traditional family unit; and

The occupants must share the entire single or one-family dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family; and

The occupants share expenses for food, rent, ownership costs, utilities and other household expenses; and

The occupancy is permanent and stable. Evidence of such permanence and stability includes, but is not limited to:

[1]

The presence of minor children regularly residing in the household who are enrolled in local schools;

[2]

Members of the household have the same address for purposes of voter registration, drivers' licenses, motor vehicle registration, filing of taxes and delivery of mail;

[3]

Members of the household are employed in the area;

[4]

The household has been living together as a unit for a year or more whether in the current dwelling unit or in other dwelling units; and

[5]

Common ownership of furniture and appliances among the members of the household.

Any other factor reasonably related to whether or not the occupants are the functional equivalent of a family.

It shall be presumed that a single or one-family dwelling unit is occupied by more than one family if it contains more than one kitchen or any of those items listed below, found to exist by the Commissioner of the Department of Planning and Development, his designee or any person authorized to enforce or investigate violations of Chapter 68 of the Code of the Town of Islip or any laws, codes, rules and regulations of the State of New York:

[Amended 12-12-2006]

The occupancy at issue is not permanent and stable as defined hereinabove;

More than one mailbox, mail slot or P.O. address;

More than one doorbell or doorway on the same side of the dwelling unit, unless shown on plans approved by the Building Division.

[Amended 12-17-2019]

More than one gas meter;

More than one electric meter;

(f)

More than one connecting line for cable television service;

(g)

Separate entrances for segregated parts of the dwelling unit including but not limited to bedrooms;

(h)

Partitions or internal doors with locks which may serve to bar access between segregated portions of the dwelling unit, including but not limited to bedrooms;

(i)

Separate written or oral leases or rental arrangements, payments or agreements for portions of the dwelling unit among its owner(s) and occupants;

(j)

The inability of any occupant to have lawful access to all parts of the dwelling unit; or

(k)

(Reserved)

(l)

A dwelling shall not have a separate entrance leading to a separated living space which contains a stove, kitchen sink and/or attached plumbing fixtures.

(m)

A separate entrance leading directly to a separated living space containing a bathroom.[10]

FERRY TERMINAL, SLIP, LANDING, OR FACILITY

All of the foregoing may be rebutted by evidence presented to the Code Enforcement Official, as defined in § 68-649 of the Town Code, or any court of competent jurisdiction.

[Added 5-22-2007]

FARMERS' MARKET

Any buildings, structure or area in which more than five transient or part-time vendors offer for sale to the public goods, wares, merchandise or foods; or any building, structure or area in which goods, wares, merchandise or foods are offered for sale by more than three vendors to the public for a total number of hours per week which is less than the total number of hours per week which permanent vendors of comparable goods, wares, merchandise or foods offer to the public; or any building, structure or area in which sales to the public by more than three vendors are contemplated on less than five full business days per week.

A parcel of land used for the taking on or discharging of passengers and/or cargo for travel from or return to the parcel of land or other parcels of land by a marine vessel with or without a fee. The operation or mooring of any gambling or casino vessel in connection with said parcel shall not be included as part of this definition.

[Added 4-5-2005; amended 12-12-2006]

FLOOR AREA RATIO (FAR)

The gross floor area of a structure divided by the total lot area.[11]

[Added 10-6-1987]

GAMBLING VESSEL

Any ferry, sightseeing, excursion, sport fishing or passenger ocean vessel that operates a shipboard gambling or casino business subject to regulation under Part IV, Regulatory Local Laws, Chapter 310, of the Suffolk County Administrative Code or any successor or preemptive legislation.

[Added 12-12-2006]

GAME CENTER

A hall which contains three or fewer pinball machines, electronic video-screen games, foosball games, air hockey games, skeebowls or any other similar games or machines for the use of which fees are paid directly into the machine or to any operator.

[Added 8-19-1980, amended 12-15-1981]

GAME ROOM

A hall which contains four or more pinball machines, electronic video-screen games, foosball games, air hockey games, skeebowls or any other similar games or machines for the use of which fees are paid directly into the machine or to any operator.

[Added 8-19-1980, amended 12-15-1981]

GARAGE, PRIVATE

An accessory building, or a part of a principal building, for the private use of the owner or tenant of the lot on which the private garage exists. The use of a private garage shall be limited to a permitted accessory use as defined by the Islip Town Code. The maximum height of any residential garage door shall be eight feet.

[Added 4-8-1997[12]; amended 1-14-2003; 7-20-2021]

GASOLINE (FUEL) SERVICE STATION

A building or part of a building designed and used for the sale of gasoline and/or other auto related fuels with or without the retail sale of motor vehicle related products. Gasoline service stations may also include the operation of a convenience store and/or a vehicle repair shop as an accessory use subject to the issuance of a special permit by the Planning Board after due public hearing.

[Added 4-8-1997; amended 6-8-2010]

GRADE

The finished ground level adjoining the building at all exterior walls.

[Added 9-15-2020]

GRADE PLANE

A reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line, or when the lot line is more than six feet (1,829 mm) from the building, between the structure and a point six feet (1,829 mm) from the building.

[Added 9-15-2020]

GROSS FLOOR AREA (GFA)

The total floor area, including all levels or stories, of a structure as measured from the exterior faces of the walls.

[Amended 4-8-1997; 1-14-2003; 4-5-2005; 12-12-2006; 9-11-2007; 5-28-2008; 6-8-2010]

Gross floor area shall include but not be limited to:

Primary buildings/structures.

Accessory buildings/structures, except as described below.

[Amended 10-25-2011]

Basements that are 50% or more above average grade.

[Amended 9-15-2020]

Mezzanines as defined herein.

Storage space, including the area below a dwelling that has been raised for floodproofing or other purposes, with headroom of seven feet six inches or more, and fully enclosed with walls.

[Amended 3-14-2023]

(f)

Floor space utilized for mechanical equipment with structural headroom of seven feet six inches or more.

(g)

All ground-level covered or enclosed porches, patios and decks, except those exempted below.

(h)

Area under a gable, hip, gambrel or similar-type roof where there exists a floor-to-ceiling height of four feet six inches or more.

(i)

Basements, storage space or occupied space for nonresidential uses.

[Amended 9-15-2020]

(j)

(Reserved)[13]

(k)

Walk-in refrigeration and/or freezer boxes or containers.

[Added 9-15-2020]

The following structures shall not contribute towards gross floor area:

Residential basements as defined herein, except those that are 50% or more above grade or utilized as an accessory apartment.

[Amended 9-15-2020]

Decks not located on Fire Island, provided that they are accessory to a permitted principal use and are not roofed over, covered or enclosed.

Covered, unenclosed residential porches located in any portion of a front yard and which do not extend more than six feet from the front wall of the dwelling.

Any decorative or cantilevered architectural element protruding from any structure when not contributing more than 25% of the facial area of the wall of said building.

HEAVY CONSTRUCTION VEHICLES EMERGENCY VEHICLES AND RELATED EQUIPMENT

Cloth or similar fabric awnings attached to buildings for decorative purposes and which do not contain any signage or wording. Said awnings shall not expand the functional floor area of any use, including but not limited to public assembly, inventory storage, or shielding or screening of HVAC equipment.

(f)

Enclosures designed to conceal rooftop wireless communication facilities, provided enclosure does not serve any other purpose or use.

[Added 3-8-2011]

(g)

Residential accessory structures not containing any plumbing fixtures and which are smaller than or equal to 499 square feet or 249 square feet if said structure is located within the Residence BAA District.

[Added 10-25-2011; amended 8-5-2014]

(h)

Decks located on Fire Island, provided that they are accessory to a permitted principal use and are not roofed over, covered or enclosed and which are a maximum of six feet above average grade. For the purposes of this section, average grade shall be determined by measuring the vertical distance from the ground to the surface of the deck at each external corner of said deck and taking the average thereof.

[Added 10-25-2011; 3-14-2023]

(i)

Cornices, eaves, gutters, chimneys, bay windows, and fireplaces which extend no more than 24 inches from the exterior walls of a building.

[Added 8-5-2014]

(j)

Area beneath staircases in single-family and two-family dwellings.

[Added 2-28-2017]

(k)

Permanent canopies over fuel dispensers.

[Added 9-19-2017]

(l)

Commercial generators.

[Added 9-15-2020]

HABITABLE SPACE

A space in a structure used for living (including recreation, exercising, and office space), sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

[Added 12-12-2006; amended 9-15-2020; 3-14-2023]

HARBOR AREAS

All navigable creeks, rivers, canals, etc., which flow or open into the Great South Bay as defined in § 37-51.

[Added 6-12-2007]

HEALTH CLUB

An indoor facility whose predominant use involves such activities as court games, swimming pools, physical exercise equipment, locker rooms, jacuzzi and/or sauna.

[Added 4-8-1997]

Those vehicles and/or equipment commonly used during construction, building maintenance, emergency response, demolition of utilities, buildings, or structures or with the excavation of earth, sand, or other construction materials. Such vehicles and equipment shall include, but not be limited to, commercial-grade tractors, backhoes, front-end loaders, forklifts, bulldozers, ambulances, first responder vehicles, fire trucks, and scissor lifts. Inclusion of and additions to vehicles and equipment that fall under this definition shall be subject to the review and approval of the Planning Board. This definition shall not be construed to include motor vehicle dealerships as defined by this chapter.[14]

[Added 9-11-2001; amended 1-14-2003]

HEIGHT, BUILDING

The vertical distance from grade plane to the highest roof surface, not including chimneys, spires and similar permitted projections. For any single-family residential and any structure(s) accessory thereto, within an area of special flood hazard pursuant to Article XL of this chapter, building height shall be measured from the grade plane or the minimum elevation necessary to meet the prerequisites for federal flood insurance as determined by the National Flood Insurance Program/FEMA shown on an applicable Flood Insurance Rate Map. The Commissioner of Planning or the Commissioner's designee, shall be responsible for any interpretations concerning grade plane and/or flood elevation.

[Added 9-15-2020; amended 3-9-2021]

HEIGHT, STORY

The vertical distance from top to top of two successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.

[Added 9-15-2020]

HOME OCCUPATION

An office activity conducted within a single-family residence in a single-family residential district by the residents thereof as an accessory use within the main dwelling that does not change the character of the building as a residence or the character of the site as a residential plot. The activity may employ a maximum of one nonresident and shall not occupy more than 15% of the gross floor area of the residence, unless a variance is issued by the New York State Department of State in which case a maximum of 25% of the gross floor area may be permitted; in no case more than 500 square feet. Parking for the home occupation use shall be installed, landbanked or screened from view pursuant to the direction of the Commissioner of Planning and Development or the Commissioner's designee. The following uses shall be considered home occupations: the office of a single physician, dentist, chiropractor, lawyer, architect, engineer, surveyor, accountant, financial planner, insurance agent or tutor, provided that instruction is limited to a single pupil at one time. Other similar uses, which do not alter the character of the house as a residence, may only be permitted after the review and approval of the Board of Appeals. In no case shall the following uses be deemed permitted home occupations; bars, taverns, nightclubs, restaurants, minor restaurants, fast-food restaurants, convenience markets, veterinarian, dance studio, real estate broker, musical instruction groups, art or photo galleries, funeral parlor/home, barbershops, beauty parlors, adult homes, nursing homes, tattoo parlor, any use involving outside storage, including the outside storage of registered vehicles, outside display or any retail use.

[Added 10-3-1978; amended 12-9-1997; 12-12-2006; 12-17-2019]

HOSPITAL

A facility duly licensed and approved by the New York State Department of Health or federal agency having jurisdiction that is engaged in providing health care and related activities consisting of inpatient and outpatient facilities, including but not limited to: operating rooms, emergency rooms, patient rooms, treatment areas and related medical, clinical and support facilities; clinics; nursing, educational and research facilities; offices for medical, professional and administrative staff; meeting and conference areas; laboratories; and accessory uses such as helipads, cafeterias, snack shops, gift shops, flower shops, newsstands and similar uses.

[Added 10-16-2018]

HOTEL

A building or a group of buildings designed, intended or used primarily for providing sleeping accommodations for travelers and consisting of individual units. Accommodations are offered to the general public on a daily rate and may include additional services, such as restaurants, meeting rooms and recreational facilities as an accessory use within a principal structure.[15]

[Amended 4-8-1997]

INDOOR RECREATION USE

A commercial recreational land use conducted entirely within a building, with or without seating for spectators, and providing accommodations for a variety of sports and activities, including but not limited to children's activities, trampoline/bounce facilities, basketball, hockey, football, wrestling, soccer, tennis, volleyball, racquetball, shooting range, paintball or go-karts. This definition shall not apply to those uses specifically defined otherwise.

[Added 9-15-2020

INDUSTRIAL ACCESSORY WIND ENERGY TURBINE

An assemblage of towers, poles, structures or devices attached thereto, used to convert wind energy into electrical or mechanical energy in order to supplement an existing power source of a primary permitted structure located only within an Industrial 1 District, Industrial 2 District, or Industrial Corridor District and which fully complies with the requirements listed in § 68-420.10 of this chapter.[16]

[Added 9-29-2009]

KITCHEN

An area within a building which contains a sink, a refrigerator and an element utilized for heating or cooking of consumable goods.

[Added 12-12-2006]

LAUNDROMAT

An establishment that offers laundry services, washing machines and dryers on a pay per use basis.

[Added 3-14-2023]

LIVE-WORK UNIT

An integrated housing unit and work space, occupied and utilized by a single-family household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity for the primary use. The maximum square footage for living space shall be limited to 2,000.

[Added 12-17-2019]

LOT

A parcel of land, exclusive of street areas, used or designed to be used by one use or building or by a related group of uses or buildings and the accessory uses or buildings customarily incident thereto, including open spaces as are required by this ordinance. Upland only shall be termed land; neither land under water, shore, strand nor beach shall be deemed land for the purpose of this ordinance.

LOT AREA

The total area measured inside all the lot lines, leaving out the underwater portion.

LOT, CORNER

A lot with frontage on two or more intersecting streets.

LOT, THROUGH

A lot extending from one street to another street or right-of-way, having frontage on two streets or right-of-ways where the lot frontages do not intersect. A lot abutting a federal highway or New York State parkway shall not be considered a through lot.

[Amended 12-17-2019; 9-15-2020]

MARINA OR MARINE WHARF

A structure built or maintained for the purpose of providing, as a principal use, secure moorings for boats and offering, as accessory uses, supply, repair and other boat-related facilities. The operation or mooring of any gambling or casino vessel shall not be included as part of this definition.[17]

[Amended 5-6-1980; 12-12-2006]

MEZZANINE

An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than 1/3 of the area of the room or space in which the level or levels are located.

[Added 12-12-2006]

MINI-STORAGE WAREHOUSE

A multiunit structure wherein each unit is used for personal storage of goods which are not intended for transport, distribution or resale. Each such unit is further intended to be accessed by a primary lessee through a single door only. No habitation or long-term or daily occupancy of such units shall be considered part of this definition.

[Added 6-8-2010]

MIXED-USE BUILDING

A building in which residential uses are permitted to exist simultaneously with legally permitted commercial uses.[18]

[Added 1-6-1981, amended 4-8-1997]

MOTOCROSS TRACK

An off-road dirt or mud track on a closed course that includes turns, hills and jumps for the outdoor recreational use by riders of off-road all-terrain vehicles, off-highway motorcycles or other wheeled vehicles that are propelled by a force other than human energy.

[Added 9-19-2017]

MOTOR VEHICLE DEALERSHIP

A building or a part of a building or a lot of a part of a lot used for the sale, rental, lease, display or storage of new or used vehicles, including but not limited to automobiles, vans, trucks, trailers, buses, campers, recreational vehicles or boats or any vehicle required to be registered with the New York State Department of Motor Vehicles. This definition shall not be construed to include heavy construction vehicles, emergency vehicles and related equipment. Motor vehicle dealerships may also include vehicle repair and/or a car wash facility as accessory uses subject to the issuance of a special permit from the Planning Board after due public hearing. A car wash shall provide a queue for at least 12 cars, unless modified by the Planning Board.[19]

[Added 4-8-1997; amended 9-11-2001; 1-14-2003; 5-21-2013; 12-17-2019]

MUSEUM

A building, place or institution devoted to the acquisition, conservation, study, exhibition and educational interpretation of objects having scientific, historical or artistic value.[20]

[Added 6-8-2010]

NONCONFORMING USE

Any use of a building, structure, land or water area lawfully existing at the time of the passage of this chapter, or any amendments thereto affecting such use, which does not conform to the provisions of the use district in which it is situated. This definition shall not apply to structures that maintain a valid certificate of occupancy or certificate of compliance and are being used for the permitted uses of the district within which they are located. Structures in this category shall be subject to the dimensional requirements of the district in which they are located and the provisions of § 68-17E and F.[21]

[Amended 4-21-1998; 9-11-2001; 1-14-2003]

OFFICE

A building or a portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.

[Added 4-8-1997]

OFFICE, MEDICAL

An office, where the services performed within are of a medical or therapeutic nature, and are conducted by or under the supervision of a professional licensed by the New York State Education Department.

[Added 2-28-2017]

OFFICIAL MAP

A physical or electronic graphic representation of that part of the Town outside the limits of any incorporated city or village, showing the streets, highways and parks theretofore laid out, adopted and established by law, and drainage systems may also be shown on such map. Such map shall show the location and width of streets and highways, drainage systems, zoning district boundaries, or any other meaningful and certifiable geographic information. Such map shall be derived from any legal and legitimate supporting documentation and may be updated at any time based on said documentation and by authorization of the Commissioner of Planning. Any copy derived from the Official Map, whether of physical or electronic form, may be subject to certification by the Commissioner of Planning or his designee.

[Added 5-28-2008]

OUTDOOR/OUTSIDE DISPLAY

The location of goods, materials, merchandise or equipment other than in an enclosed building, located within the front yard, second front yard or side yard and intended for public viewing. Displays shall be located within 15 feet of any retail structure and shall not be permitted overnight. The display of any vehicle for sale or storage shall not be considered part of this definition.

[Added 4-21-1998; amended 6-8-2010]

OUTDOOR STORAGE

Any overnight storage located other than in an enclosed building or structure which meets the New York State Fire and Building Code. Said storage consists of a primary inventory of goods for any commercial operation whether or not it is intended for public viewing and/or for retail uses.

[Added 4-8-1997; amended 9-11-2001; 1-14-2003; 5-20-2003; 4-5-2005; 6-8-2010; 10-25-2011; 3-14-2023]

PARCEL

All the land contiguously owned, bounded by property lines.

[Added 6-5-1979]

PARKING GARAGE, PRIVATE

An accessory building, or a part of a principal building, for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair. Each level of a parking garage shall be included in determining the floor area ratio of the parcel.

[Added 4-8-1997]

PARKING GARAGE, PUBLIC

A building or structure or a part of a building or structure used for the storage of automotive vehicles, with no facilities for motor vehicle repair or service, operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles. Each level of a parking garage shall be included in determining the floor area ratio of the parcel.

[Added 4-8-1997]

PARKING, OFF-STREET

The area of a lot or building used or designed to be used for the purpose of accessory parking of vehicles. Such area shall be on or part of the same lot on which the principal use is located.

PARKING SPACE

The space required for each motor vehicle intended or required to be parked in an off-street parking area. For the size parking space required, refer to § 68-408.

[Amended 10-7-1974]

PERMITTED USE

Any use maintainable as a matter of right and expressly listed under the permitted uses section in this chapter within a given zoning district. For the purposes of this definition, a legal nonconforming use shall not be considered a permitted use, despite the fact that it may be allowed to continue.

[Added 10-13-2010]

PERSONAL SERVICE ESTABLISHMENT

A business primarily engaged in providing services involving the care of a person or his/her personal goods or apparel, including but not limited to barber and beauty shops, body art, spas, dog grooming, tailor, dressmaker, shoe repair, photographer, psychic reader and the like. This definition shall not apply to those uses explicitly defined within this section or to laundromats, dry cleaners or medical offices.

[Added 6-8-2010; amended 7-20-2021]

PERSONAL TRAILER

Any device mounted upon wheels and incapable of locomotion under its own power, which is normally connected to a motorized unit, for transporting or hauling boats, homes, automobiles, motorcycles, recreational vehicles, equipment, and other materials, as well as other recreational trailers.

[Added 7-19-2011]

PORCH, UNENCLOSED

A roof supported by columns or pillars, the sides of which shall not be enclosed with screens, windows, jalousies or bulkhead, except that a railing with pickets not over 32 inches in height may be installed between columns or pillars.

[Added 9-11-2001]

PREMISES

Land with or without buildings and structures thereon.

RECREATIONAL VEHICLE (RV)

A motor vehicle or trailer which includes living quarters designed for recreational use and accommodation. Types of RVs include, but are not limited to, motorhomes, campervans, caravans (also known as travel trailers and camper trailers), fifth-wheel trailers, popup campers, and truck campers.

[Added 7-20-2021]

RECYCLING CENTER

An establishment which sorts and processes those components of the waste stream which are capable of being recycled or reused in place of virgin materials which may include newspaper, corrugated cardboard, ferrous metals, glass, plastics, aluminum and yard waste.

[Added 3-14-2023]

REDEMPTION CENTER

An establishment with the sole purpose of reimbursing the refund value of an empty beverage container (glass, plastic or aluminum) to a redeemer. Said establishment shall not be considered a recycling center and may not receive glass, plastics or aluminum for which a deposit is not required by New York State law.

[Added 3-14-2023]

RENEWABLE ENERGY

Energy derived from natural processes that replenish at a faster rate than they are consumed. This includes but is not limited to solar, wind, geothermal, tidal and hydro.

[Added 5-15-2018]

RESIDENTIAL CONDOMINIUM

A dwelling or dwellings in which residents have exclusive ownership of particular dwelling units and, in addition, an interest in the common elements associated with the building or buildings in which the particular dwelling unit is located as defined by the laws, codes, rules and regulations of the State of New York. Interval or time-sharing forms of ownership and use shall be deemed included in this definition.

[Added 4-8-1997]

RESIDENTIAL COOPERATIVE

A dwelling or dwellings in which residents have an ownership interest in the entity which owns the building(s) and, in addition, a lease or occupancy agreement which entitles the residents to occupy a particular dwelling unit within the building(s) as defined by the laws, codes, rules and regulations of the State of New York. Interval or time-sharing forms of ownership and use shall be deemed included in this definition.

[Added 4-8-1997]

RESIDENTIAL DAY CARE

Shall be defined to include either of the following:

[Added 11-19-2019; amended 9-15-2020]

Family Day-Care Home, shall mean a program caring for children for more than three hours per day and from three to six children in a residence. A family day-care provider may, however, care for seven or eight children at any one time if no more than six of the children are less than school age and school-aged children care is primarily before or after the period such children are ordinarily in school, during school, during school lunch periods, on school lunch periods, on school holidays, or during those periods of the year in which school is not in session in accordance with the regulations of the New York State Social Services Department and the New York State Social Services Department inspects such home to determine whether the provider can care adequately for seven or eight children.

SEASONAL RESIDENTIAL COMMUNITY

Group Family Day-Care Home, shall mean a program caring for children for more than three hours per day per child in which child day care is provided in a residence for seven to 10 children of all ages, or up to 12 children where all of such children are over two years of age, except for those programs operating as a family day-care home (See definition for "family day-care home" above). A group family day-care home provider may provide child day-care services to two additional children if such children receive services only before or after the period such children are ordinarily in school or during school lunch periods, or school holidays. or during those periods of the year in which school is not in session. There shall be one caregiver for every two children under two years of age in the group family day-care home. A group family day-care home must have at least one assistant to the operator present when child day-care is being provided to seven or more children. This assistant shall be selected by the group family day care home operator and shall meet the qualifications established for such position by the regulations of the New York State Social Services Department.

RESTAURANT

An establishment engaged in the sale of prepared food intended for immediate consumption either on premises or off premises or both on premises and off premises and which is otherwise not defined as a fast-food restaurant, minor restaurant, accessory restaurant or bar, tavern or nightclub. A restaurant shall not include a drive-through window, and the sale, service and consumption of alcoholic beverages shall be clearly accessory to the food service use.[22]

[Added 4-8-1997; amended 6-8-2010]

RESTAURANT, ACCESSORY

An establishment engaged in the sale of prepared food intended for immediate consumption off premises that shares common commercial space with an approved convenience market as an accessory use to a gasoline service station and with a maximum square footage of 400 square feet, exclusive of a waiting area for patrons, within the convenience market containing no seating. An accessory restaurant shall not include a drive-through window.

[Added 6-8-2010]

RESTAURANT, FAST-FOOD

Any establishment whose principal business is the sale of foods and or beverages in ready-to-consume individual servings, for consumption either inside or outside the restaurant building or for carry-out, and whose design or method of operation includes a drive-up or drive-through service or offers curb service.

[Added 4-8-1997]

RESTAURANT, MINOR

An establishment engaged in the sale of prepared food intended for immediate consumption either on premises or off premises or both on premises and off premises, containing a maximum gross floor area of 2,000 square feet, and a maximum of 16 seats available for customer use. The sale, service and consumption of beverages shall be accessory to the food service use, and any alcoholic beverages sold, served or consumed shall be limited to beer and wine and shall not include service from a bar or similar dispensing structure. A minor restaurant shall not include a drive-up or drive-through facility and shall not otherwise be defined as a bar, tavern or nightclub, fast food restaurant, restaurant, convenience market or delicatessen.

[Added 4-8-1997; amended 12-17-2019]

SATELLITE ANTENNA

Any type of antenna, dish antenna or related receiving equipment that is capable of receiving radio or television signals directly from satellites located in a geo-stationary orbit above the earth.

[Added 6-3-1986]

A membership community or neighborhood of single-family dwellings, with ancillary common buildings or facilities that provide for the recreation of its members, located on property owned or managed by an organization or corporation which shall have responsibility for all roads and common areas. Said community is intended for occupancy between the period of April 1 to November 30 only.

[Added 10-3-1989; amended 6-7-2016]

SHOPPING CENTER

Two or more retail businesses or service uses on a single site with common parking facilities.[23]

[Added 4-8-1997]

SHOWROOM

Any portion of a commercial or industrial building or unit used primarily for the display of demonstration models and/or goods. An inventory of said items is stored in larger quantities and/or in bulk in a separate warehousing portion of said building or unit which is not directly accessible to shopping patrons. The use of any showroom space must be clearly accessory to, or shall be incidental to, the primary use of the commercial or industrial building. Any sales occurring within a showroom shall be primarily bulk purchases or of large items. A showroom may not occupy more than 25% of the gross floor area of the building or unit in which it is located.

[Added 6-8-2010]

SIGN

Any structure, device or display consisting of, but not limited to, any letter, symbol, trademark, model, banner, flag, pennant, insignia, light decoration, illustration, representation or combination thereof used for the purpose of advertisement, announcement, identification or other attention-directing intent. A "sign" does not include the flag, pennant or insignia of a governmental or religious institution and does not include any display of a court or official public notices.[24]

[Added 6-5-1979]

SINGLE-USER BULK RETAIL ESTABLISHMENT

A building occupied by no more than one business establishment with a minimum gross floor area of 100,000 square feet offering products for sale to retail and wholesale customers with a warehouse-style interior building finish and offering products for sale as multipacks and institutional-sized items.[25]

[Added 10-6-1992; amended 9-12-2000]

STORAGE

The location of goods, merchandise, unregistered motor vehicles, registered or unregistered unattached trailers, shipping containers, equipment, materials, debris, and/or any other items either in an enclosed structure or outside of an enclosed structure.

[Amended 9-21-1982; 7-7-1987; 12-19-1989; 4-5-2005]

STORAGE SHED

A structure without electrical or plumbing services, not exceeding 144 square feet in area and not extending more than eight feet above the property grade, used only for the storage of items customarily incidental to the principal use and located separately on the same plot with such principal use.

[Added 5-7-1985; amended 9-11-2001; 6-8-2010]

STORY

That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.

[Amended 1-14-2003; 9-15-2020]

STORY ABOVE GRADE PLANE

Any story having its finished floor surface entirely above grade plane, or in which the finished surface of the floor next above is any of the following:

[Added 9-15-2020]

More than six feet (1,829 mm) above grade plane.

More than six feet (1,829 mm) above the finished ground level for more than 50% of the total building perimeter.

STREET, RIGHT-OF-WAY (ROW)

More than 12 feet (3,658 mm) above the finished ground level at any point.

STREET

A public or private way which affords the principal means of access to abutting properties. Boardwalks on the Great South Beach shall be deemed to be "streets" for the purposes of this ordinance. Neither tidal nor nontidal waters, nor the shores, strands nor beaches along same shall be deemed "streets" for the purpose of this ordinance.

The total width of a street measured at right angles to its center line, from property line to property line.

[Added 7-12-2022]

STRUCTURE

An assembly of materials forming a construction of component structural parts for occupancy or use, including buildings.

STRUCTURE, COMMERCIAL

Any residential structure containing more than two attached dwelling units, regardless of height of said structure(s), and all other primary structures not used as a detached single-family dwelling or two-family dwelling.

[Added 12-15-2009]

SUITE

That portion of a dwelling consisting of one or more living rooms and occupied by members of a family, which group of rooms is separated from all other groups within a dwelling.

SUPERIOR ARCHITECTURE

Exterior building elevations which meet the following minimum criteria:

[Added 5-15-2018; amended 7-20-2021]

Utilization of higher quality exterior finish materials, including but not limited to stone, brick, glass, tile, metal panels, or fiber cement siding.

Incorporation of elements of vertical interruption and variation of facade depth.