[Amended 3-6-1973; 10-2-1984; 4-8-1997]
In a Residence AAA District, no building, structure
or premises shall be used or occupied, and no building or part thereof
or other structure shall be so erected or altered, except for one
of the following purposes:
A.
Single-family detached dwelling.
B.
Church or similar place of worship, parish house,
public or parochial school, public library or municipal building,
provided that a minimum buffer area of 25 feet in width in accordance
with Town standards is provided and maintained adjacent to all residential
uses or zones 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 3-23-1999; 3-14-2023]
C.
Municipal use, including, but not limited to, park,
playground, or recreation building or use.
[Amended 3-14-2023]
D.
Railway right-of-way or passenger station, but not
including railway yards or freight stations.
E.
Agriculture or nursery uses, including the retail
sale of products raised on the premises, provided that a minimum buffer
area of 25 feet in width in accordance with Town standards is provided
and maintained adjacent to all residential uses or zones 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 1-14-2003]
[Amended 10-3-1989; 4-8-1997; 4-5-2005]
A.
Seasonal residential community, provided that a minimum
overall lot size of 225 acres is provided with an overall yield not
to exceed one dwelling unit for every 30,000 square feet of overall
lot area in a Residence AAA District only. A maximum of 15 dwelling
units within a seasonal residential community may be utilized for
year-round housing purposes.
[Added 3-23-1999; amended 4-5-2005]
A.
Private club mooring wharf for pleasure craft only, provided that
there is no repair work or sale of any products on the premises.
[Amended 8-5-2014]
B.
Automobile parking field, provided that the field
shall be used for parking automobiles in conjunction with a use allowed
in a Residential AAA District and a site plan is submitted to and
approved by the Planning Board or its designee indicating compliance
with all applicable requirements, including the provisions of a buffer
in accordance with Town standards.
C.
Private membership club, fraternity or lodge; provided,
however, that no use shall be permitted when conducted for gain, profit
or as a commercial venture.
D.
Cemetery.
A.
Public utility where no commercial office, repair
or storage facilities are maintained.
B.
Community building.
E.
Private boathouse or bathhouse when not an accessory
use to a one-family dwelling.
F.
Historical or memorial monument.
G.
Model house for a period of six months, renewable
for additional six-month periods, but in no event longer than a total
of two years.
[Added 9-2-1980; amended 10-16-1984; 9-8-1997; 4-5-2005; 12-12-2006; 5-21-2013]
All uses not expressly permitted are prohibited,
including but not limited to the following:
A.
It shall
be unlawful to park or allow to be parked any vehicle registered as
a bus, minibus or commercial vehicle, including a tractor-trailer
combination (or either component thereof).
B.
It shall be unlawful to park or allow to be parked any vehicle bearing commercial advertising or identification except as provided in §§ 68-48A(1)(e) and 68-47J.
C.
It shall
be unlawful to park or allow to be parked, overnight from 9:00 p.m.
to 6:00 a.m., any unregistered vehicles, commercial equipment, or
all-terrain vehicle in the right-of-way of any Town roadway.
D.
It shall
be unlawful to place or allow to be placed portable storage units
on occupied residential property, except for a period not to exceed
three months, subject to obtaining a permit from the Building Division.
No more than one renewal of said permit shall be permitted.
E.
It shall
be unlawful to mechanically test any unregistered vehicles, commercial
equipment or all-terrain vehicles in the right-of-way of any Town
roadway.
A.
Permitted accessory uses.
[Amended 10-3-1978]
(1)
The following accessory uses shall be permitted when
located on the same lot with the authorized use:
(a)
Private garages, provided that the gross floor
area of the garage does not exceed the ground floor area of the main
dwelling and provided that the height does not exceed the accessory
structure requirement. Buildings attached to a main residential structure
by a breezeway extending beyond 10 feet must meet accessory structure
setbacks and regulations. For breezeways of 10 feet or less, main
building setbacks and regulations must be adhered to, other than building
height which must meet accessory structure regulations. The design
of any private garage shall be compatible with the residential character
of the area. Use of exposed concrete block exceeding 20% of the façade,
or similar materials shall be prohibited.
[Amended 1-14-2003; 7-20-2021; 3-14-2023]
(b)
Home occupation.
[Amended 5-7-1985; 4-8-1997]
(c)
[1]Residential docks.
[Added 6-12-2007]
[1]
It shall be the policy of the Town of Islip
that all docks shall be designed, constructed and located so as to
reduce a dock's potential adverse impacts to navigation, public safety,
harbor area congestion, access to public trust lands and water, aesthetics,
natural resources, habitats and the bottoms of harbor areas. Conformance
to the following standards will serve as a basis for granting, denying,
or limiting permits for the construction of docks.
[2]
The standards for a residential dock shall be
as follows:
[a]
In no case shall the dock length
exceed beyond a water depth of four feet below the low water mark
as measured at average tide for this provision only, dock length shall
include the fixed dock, ramp and floating docks, and any boat berthed
at the docks, but in any event not to exceed 50 feet in length, or
exceed 25% of the width of the harbor area, whichever of these provisions
is less.
[b]
Only one residential dock may be
constructed per residential lot, provided that the underwater land
not owned by the County of Suffolk or another private property owner,
such as a neighbor.
[Amended 5-10-2011]
[c]
A residential dock and any part
thereof, or any vessel tied to a dock, may not be located within or
impinge upon that area located within 10 feet any adjacent property
line.
[d]
A residential dock and associated mooring piles must be configured so that no more vessel berths are created than there are number of permitted boats as per § 68-48A(1)(f);
[e]
The width of any single float or
floating dock may not exceed eight feet in width nor 20 feet in length
and shall be secured or installed in such a manner that the float
shall not rest on the bottom of the harbor area at any time during
the tidal cycle.
[1]
Editor's Note: Former Subsection A(1)(c),
providing for customary home occupations, amended 8-19-1980, was repealed
4-8-1997.
(e)
Parking of commercially registered pickup trucks
or vans having a gross vehicle weight of less than 9,000 pounds, provided
that either type of vehicle does not bear any commercial advertising
or identification; pickup trucks or vans having a gross vehicle weight
of less than 9,000 pounds and bearing commercial identification may
be parked only between 8:00 p.m. and 7:00 a.m., provided that any
such vehicle is within an enclosed garage.
[Added 9-2-1980]
(f)
Boat berths: one for every 35 feet of water
frontage up to three, or as determined by the Planning Board in a
subdivision map at the time of plat approval.
[Added 5-6-1980]
(g)
Outside boat storage on land. Boats may be stored,
subject to the following regulations:[2]
[Added 2-24-2009[3]]
[1]
Boat storage on land is restricted to the rear
yard, side yard and driveway;
[2]
Any boat(s) stored on land may not encroach
upon a public right-of-way;
[3]
Any boat(s) stored pursuant to this section
which are required to be registered with the New York State Department
of Motor Vehicles and/or documented by the United States Coast Guard
must have a current registration and/or documentation.
(h)
Personal trailer storage. Trailers maybe stored, subject to the following
regulations:
[Added 7-19-2011[4]]
[1]
Personal trailer storage is restricted to the rear yard, side yard,
and driveway;
[2]
Any personal trailer(s) stored on land may not encroach upon a public
right-of-way;
[3]
Any trailers(s) stored pursuant to this section which are required
to be registered with the New York State Department of Motor Vehicles
must have a current registration and/or documentation.
[4]
Editor's Note: This ordinance also redesignated former Subsection
A(1)(h) through (k) as Subsection A(1)(i) through (l), respectively.
(i)
Decorative ponds.
[Added 9-11-2001]
(j)
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 9-2-1980; 10-13-2010; 3-14-2023]
(k)
Child day-care center as an accessory use to
a church or similar place of worship, community building or educational
institution.
[Added 4-8-1997]
(l)
Residential day care. The following regulations shall apply to residential day cares, as defined in § 68-3 of this chapter:
[Added 4-8-1997; amended 11-19-2019]
[1]
Must be licensed and registered by the Long Island regional headquarters
of the New York State Office of Children and Family Services (NYS
OCFS), who are responsible for registration, licensing and enforcement
of residential day cares in Suffolk County.
[2]
A residential day-care provider must meet all New York State building
codes, New York State Health Department Codes, and all New York State
Office of Children and Family Services requirements for residential
day cares.
(m)
Permanent auxiliary power generators.
[Added 5-21-2013]
(n)
Roof mounted or ground mounted solar panels, provided that they
remain within the perimeter of a dwelling or accessory building if
roof mounted, or the setbacks, height, and rear yard coverage permitted
for accessory buildings if ground mounted.
[Added 2-28-2017]
(o)
Fixed equipment associated with the operation and maintenance
of a pool, including, but not limited to, pool heaters and pool filters.
[Added 2-28-2017]
(p)
Thrift shop as an accessory use to a church or similar place
of worship, provided the following criteria is met:
[Added 12-17-2019]
[1]
Any structure or portion thereof dedicated to a thrift shop
may not exceed 10% of the total gross floor area of the principal
structure on the property.
[2]
The thrift shop must be clearly subordinate to, and may not
operate without, a primary, permitted place of worship located on
the same property.
[3]
The use must be clearly operated and sponsored by the primary
place of worship.
[4]
The products distributed within the shop must be donated and
the thrift shop may not operate as a typical retail store, Proceeds
from any sales must go to the sponsoring nonprofit.
[5]
All other standard accessory structure setbacks shall apply.
(q)
Recreational vehicle (RV) storage.
[Added 7-20-2021]
[1]
Storage of a recreational vehicle (RV) that is less than or
equal to 25 feet in length, is restricted to the rear yard, through
lot front yard, side yard and driveway, behind the front line of the
dwelling and shall be set back a minimum of four feet from all other
property lines.
[2]
Storage of a recreational vehicle (RV) that is in excess of
25 feet in length, is restricted to the rear yard or through lot front
yard and shall be set back a minimum of four feet from all property
lines.
[3]
Storage of a recreational vehicle (RV) may not encroach upon
a public right-of-way.
[4]
Any RVs stored pursuant to this section which are required to
be registered with the New York State Department of Motor Vehicles
must have a current registration.
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.
A.
In a Residential AAA District, no principal building
or structure shall be erected to a height in excess of 35 feet or
2 1/2 stories.
[Amended 1-14-2003; 4-5-2005]
B.
Accessory structures shall not exceed 14 feet in height
or shall be a maximum of one story, whichever is less.
[Amended 1-14-2003]
D.
Exceptions:
(1)
The provision hereof shall not apply to the height
of architectural elements of a church or similar place of worship,
including but not limited to a steeple or a dome, or a monument, chimney,
water tank or elevator.
[Amended 4-8-1997; 10-25-2011]
(2)
In the event such structures as excepted by § 68-49D(1) are within 1 1/2 miles of an established airport, then approval by the Federal Aviation Agency shall be secured and any and all conditions met.[2]
[2]
Editor’s Note: Former Subsection D(3), regarding the
maximum height permitted for a principal structure requiring an increased
first floor elevation, added 12-2-2008, and which immediately followed
this subsection, was repealed 3-5-2013.
E.
All new dwelling entrance platforms, stoops or terraces
shall not exceed three feet in height. The Commissioner of Planning
and Development, or the Commissioner's designee, may vary this requirement
upon a showing of necessity to enter the permitted building from a
greater height. Only that height that is necessary to safely enter
the dwelling from average grade may be permitted upon the determination
of the Commissioner.
[Added 4-5-2005]
[Amended 11-1-1988; 1-14-2003]
A.
The total building area, including all buildings,
shall not exceed an FAR of 0.25.
B.
Accessory buildings shall not occupy more than 10%
of the total lot area nor more than 25% of the rear yard area.
C.
A minimum of 40% of the rear yard shall be landscaped and shall not
be surfaced in part or whole with concrete, asphalt, or other surface
material, but shall contain earth.
[Amended 10-25-2011; 12-17-2019; 9-15-2020]
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.
(3)
For all other types of dwellings, the minimum living
area of the ground floor shall be 750 square feet; provided, however,
that at least 150 square feet of living area above the ground floor
must be finished in accordance with the provisions of the New York
State Building Code.
B.
For the purpose of this ordinance, "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.
B.
Exception. A lot need not have the required width
throughout, so long as:
(1)
Said lot is 150 feet in width as measured parallel
to and 50 feet back from the front property line, and
(2)
Said lot has frontage on a cul-de-sac 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 ordinance.
A.
Main buildings. All buildings except accessory buildings
hereafter erected shall have a minimum required front yard of 50 feet;
provided, however, that 25% of the block frontage on either side of
the street is improved with buildings having a greater depth of front
yard than is required by the ordinance, these new buildings shall
have a front yard whose depth shall be equal to the average depth
of front yard of such existing buildings. In no case shall the front
yard be required to be greater than 70 feet.
B.
Corner lots. All main buildings hereafter erected
on a corner lot shall also have a front yard facing the side street.
This front yard shall be at least 50 feet.
C.
Through lots. A minimum front yard setback of 50 feet
shall be required on both street frontages on a through lot.
D.
Accessory structures.
[Amended 1-14-2003; 8-5-2014]
(1)
In addition to any other applicable requirements, accessory structures may be placed no closer behind the front line of the main dwelling, as defined in § 68-3, Definitions, than the following distances:
[Amended 5-21-2013]
(2)
Accessory structures on corner lots shall also have
a minimum front yard setback from the side street of 55 feet, or the
arterial highway setback, whichever is greater.
(3)
No accessory structure in the front yard shall be used to house poultry, as that term is defined in § 12-32 of the Islip Town Code.
[Added 7-19-2011]
(4)
Accessory
structures on through lots shall also have a minimum front yard setback
from the through lot front yard of 40 feet.
[Added 9-15-2020]
A.
Dwellings. All main buildings hereafter erected shall
have a side yard along each lot line other than a street or rear line.
The sum of the width of the two side yards for a single-family dwelling
shall be a minimum of 60 feet with a minimum width of either of such
side yards of 25 feet.
B.
Other permitted buildings. The sum of the width of
the side yards for other permitted buildings shall be 60 feet with
a minimum width of either of such yards of 30 feet.
C.
Accessory buildings.
[Amended 9-12-2000; 7-19-2011]
(1)
No accessory building of 144 square feet or less shall be closer
to any side yard than two feet. Accessory buildings greater than 144
square feet and less than 500 square feet shall not be closer to any
side yard than four feet. Accessory buildings 500 square feet and
larger shall not be closer to any side yard than 10 feet.
[Amended 2-28-2017]
A.
Main buildings. All main buildings hereafter erected
shall have a minimum rear yard whose depth is not less than 40 feet.
B.
Accessory buildings.
(1)
No accessory building of 144 square feet or less shall
be closer to any rear yard than two feet. Accessory buildings greater
than 144 square feet and less than 500 square feet shall not be nearer
to a rear line than four feet. Accessory buildings 500 square feet
and larger shall not be closer to any rear yard than 10 feet.
[Amended 9-12-2000; 2-28-2017]
(2)
Accessory buildings used to house poultry, as that term is defined in § 12-32 of the Islip Town Code, shall not be closer to any rear yard than 10 feet, irrespective of the structure's square footage.
[Added 7-19-2011[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
B(2) as Subsection B(3).
(3)
Accessory
buildings shall not occupy more than 25% of the rear yard area.
[1]
Editor's Note: Former § 68-56.1, Building separation,
was repealed 6-8-2010.
The following encroachments are hereby permitted:
A.
Cornices, eaves, gutters and chimneys projecting not
more than 24 inches.
B.
Bay windows and fireplaces not wider than six feet
and not projecting more than 24 inches.
C.
Open and unroofed entrance platforms or terraces not
more than six feet in width nor more than three feet in height. The
Commissioner of Planning and Development, or the Commissioner's designee,
may vary this requirement upon a showing of necessity to enter the
permitted building from a greater height or distance. Only that height
or distance that is necessary to enter the dwelling from average grade
may be permitted.
[Amended 1-14-2003; 4-5-2005]
D.
Unenclosed porches encroaching not more than eight
feet from the minimum front yard requirement and not more than three
feet in height as measured from the existing grade of property. This
exemption shall not apply to nonconforming front yard setbacks and
nonconforming uses. In no case shall any unenclosed porch have a depth,
at any point, greater than 10 feet. Depth shall be measured from the
furthest point of the front line of the main dwelling from the street
property line to the outside face of the porch. Existing entrances
where a roof overhang is added shall be exempt from the maximum height
of three feet. In those instances, the existing height of the entranceway
shall remain.
[Added 9-11-2001; amended 1-14-2003; 8-5-2014; 9-15-2020]
E.
Open and unroofed decks encroaching not more than
eight feet from the minimum front yard requirement and not more than
three feet in height as measured from the existing grade of property.
This exemption shall not apply to nonconforming uses. In no case shall
any open or unroofed deck have a depth, at any point, greater than
10 feet. Depth shall be measured from the furthest point of the front
line of the main dwelling from the street property line to the outside
face of the deck.
[Added 9-11-2001; amended 1-14-2003; 8-5-2014]
F.
Basement entranceways, covered or uncovered, may extend
up to six feet into any required side and rear yards, provided that
they are connected to the main building and are no higher than 2.5
feet above grade at any point. This exemption shall not apply to front
yards, secondary front yards, nonconforming side or rear yard setbacks
and nonconforming uses.
[Added 9-11-2001; amended 9-15-2020]
G.
Subsurface emergency escape and rescue openings and
window wells, provided that no portion of same is more than six inches
above grade. These shall be permitted up to three feet into any conforming
setback.
[Added 12-12-2006]
(See Article XXX.)
[Added 4-8-1997]
A.
Parking, curbing, sidewalks, drainage, screen planting,
buffers, street trees, dumpster enclosures, lighting, public improvements
and all other applicable requirements of the Town Code and the Subdivision
and Land Development Regulations shall be maintained unless otherwise
modified or waived by the Planning Board or Town Board.
B.
The clearing of any land of trees and brush shall
be governed by the provisions of the Town of Islip Subdivision and
Land Development Regulations, and a permit shall be obtained prior
to land clearing as such permit is required by said regulations. In
the event that a building permit or site plan application is filed
with the Town of Islip, then land clearing shall be prohibited until
such building permit or site plan approval has been issued. For applications
involving both a site plan and building permit review, no land clearing
may occur until the issuance of the requested final building permit,
at the determination of the Commissioner of Planning and Development.
[Amended 1-14-2003; 4-5-2005]
C.
The regrading, placement of fill, installation of
walls, dumping of material, excavating, mining, or other similar disturbance
of land shall be governed by the Subdivision and Land Development
Regulations. Any of the above actions may be subject to a site plan
review at the determination of the Town Engineer. Said determination
shall be obtained prior to commencement of the action. The site plan
review shall ensure that the action does not significantly alter the
subject parcel so as to infringe on the health, safety and welfare
of all citizens, does not negatively impact surrounding land uses
and properties, and provides adequate on-site drainage to the satisfaction
of the Town Engineer.
[Added 1-14-2003; amended 8-12-2003]
[Added 3-24-1992]
(See § 68-420.2.)
