[Added 8-1-1972; amended 4-18-1978; 3-3-1981; 4-8-1997]
A.
It is the Town Board's intent to provide for the health,
safety and welfare of residents and visitors of Islip on both the
mainland and the barrier beach known as "Fire Island" by the protection
of the barrier beach through this chapter from development which does
not take into consideration the natural function of a barrier beach
and its ecological systems.
B.
The Town Board hereby states its concern about life
and property due to the overdevelopment of Fire Island both on the
mainland and the aforesaid barrier beach. The Town Board is in full
agreement with the United States Department of the Interior's general
intent for preservation of Fire Island as a unique resource for present
and future generations, consistent with the General Management Plan
for the Fire Island National Seashore.
The Dune District shall consist of all lots that are within or on the Dune District boundary lines shown as such on the Amended Zoning Map of the Town of Islip. The southerly boundary line shall be the mean high-tide line, and the northern boundary line shall be 100 feet landward of the crest of the primary dune. Where breaches exist in the dune form, a line has been established that represents the general trend in the dune crest and delineates a zone of dynamic dune formation. This Dune District has also been based upon the Federal Insurance Administration's Flood Hazard Boundary Map H-01-34, Zone V-10 (areas of special flood hazard, with velocity, that are inundated by tidal floods) and the Dune District boundary as shown for the Lighthouse Management Unit in the General Management Plan for the Fire Island National Seashore. All lands zoned within this District shall be deemed zoned and mapped in the Residence AAAB District, and all of the provisions of said District, as contained in Article XI, §§ 68-135 through 68-149.3, are fully applicable to all lands zoned and mapped within the District. The provisions of this article shall be applied and are intended to be an Overlay District, superimposed upon and in addition to the requirements of the BAA District, Article XI.
A.
In a Residence AAAB District, no building, structure
or premises shall be used or occupied and no building or part thereof
or other structure shall be so erected or altered except for one or
more of the following purposes:
B.
Additional structures and accessory buildings may
be erected on the same lot, provided that all requirements of this
article are met.
The following uses shall be permitted upon issuance
of a special permit by the Town Board after a public hearing:
A.
The following accessory uses shall be permitted when
located on the same lot as and when clearly incidental to the principal
use:
[Amended 12-17-2019]
(2)
Other customary accessory uses, structures and buildings,
excluding garages and guesthouses and including but not limited to
sheds for storage, decks and ramps and aboveground swimming pools,
subject to compliance with all other applicable provisions of this
article and of the Code of the Town of Islip. No accessory use shall
be equipped with cooking facilities. An accessory use does not include
any activity commonly conducted as a business.
(3)
Refuse enclosures not to exceed four feet by six feet and bicycle
racks/platforms in the primary front yard shall be permitted as accessory
structures and shall not be subject to set back requirements or building
permits.
[Amended 9-15-2020]
B.
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 Residence AAAB District, no building or structure
shall be erected to a height in excess of 28 feet. In no case shall
a building or structure exceed two stories in height.
[Amended 3-9-2021]
B.
Accessory buildings shall not exceed 14 feet in height.
C.
Exceptions subject to Town Board approval. The following,
after receiving Town Board approval, shall be exceptions:
D.
Flagpoles shall not exceed 18 feet in height.
[Added 9-11-2001]
[1]
Editor’s Note: Former § 68-59.7, Percentage
of lot occupancy and floor area ratio, as amended, was repealed 10-25-2011.
A.
The minimum required plot area for a single-family
dwelling shall be 6,000 square feet.
B.
The minimum required plot area for other permitted
buildings not accessory buildings shall be 20,000 square feet.
C.
Separate ownership. A single-family dwelling may be
erected on any lot which was separately owned at the time of passage
of this article 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 which conforms to the area density
requirements of the amended zoning ordinance prior to any such amendment
and which conforms to all other minimum requirements of this chapter.
A.
For a single-family dwelling hereafter erected, the
minimum required ground floor area, exclusive of accessory uses, such
as open porches, breezeways, sheds, decks, ramps and other such uses,
shall be 600 square feet.
C.
The maximum total floor area for a single-family dwelling
hereafter erected, inclusive of all accessory uses, shall not exceed
an FAR of 0.30.
E.
For the purpose of this article, "deck" shall be defined
as a single- or multilevel flat, floored, roofless structure more
than four feet in width which is designed as an accessory use to a
dwelling. No part of a deck shall be closer than five feet to any
side yard property line or 15 feet from any front yard or rear yard
property line.
B.
Exception. A lot need not have the required width
throughout, as long as the following requirements are met:
(1)
Said lot is 60 feet in width as measured parallel
to and 25 feet back from the front property line.
(2)
Said lot has frontage on a cul-de-sac or curvilinear
road where the side lines of the lot are straight but not parallel
and has a minimum width of 50 feet at the front property line.
(3)
Said lot otherwise complies with all the requirements
of this article.
C.
Separate ownership. A single-family dwelling may be
erected on any lot which was separately owned at the time of passage
of this article 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 article.
A.
Main buildings. All main buildings except accessory
buildings hereafter erected shall have a required front yard of 25
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 15 feet.
C.
Through lots. A minimum front yard setback of 25 feet
shall be required on both street frontages on a through lot.
D.
Accessory buildings.
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 25 feet with a minimum width of either of such
side yards of 10 feet.
B.
Other permitted buildings. The sum of the width of
the two side yards for any other permitted building not an accessory
building shall be 30 feet with a minimum width of either of such side
yards of 15 feet.
A.
Dwellings and other permitted buildings. All main
buildings hereafter erected shall have a minimum rear yard whose depth
is not less than 25 feet.
[1]
Editor's Note: Former § 68-59.13.1, Building separation,
was repealed 6-8-2010.
The following encroachments are hereby permitted:
(See Article XXX.)
A.
No in-ground swimming pools, in-ground wading pools,
in-ground water use structures of this or a similar type shall be
erected. As stated in the Town of Islip Comprehensive Plan, Fire Island
should continue to serve two major functions:
B.
The Town Board finds that the above uses therefore
represent an overintensification of property use on Fire Island in
light of the high development density of the area, an intrusion on
the peace and tranquilty of living styles on Fire Island and an unnecessary
accessory use to a residential dwelling in light of the swimming and
bathing opportunities readily available to all residents of the beach.
C.
Aboveground swimming pools shall be permitted as of
right as an accessory use, provided that the following requirements
are met:
D.
Aboveground swimming pools shall be permitted as an
accessory use on a parcel of land having less than 12,000 square feet
only after application is made to and granted by the Islip Town Zoning
Board of Appeals.
[Added 5-28-2008]
[1]
Editor's Note: Former ~ 68-59.18, Temporary
special exception to erect and maintain aboveground swimming pools,
was repealed 5-28-2008.
A.
Before any permit concerning a building, structure or premises or part thereof, its use or occupation of its alteration or erection is issued, the applicant must comply with the procedure set forth in the Environmental Quality Review Ordinance, Chapter 13B.
B.
The National Park Service shall hereafter be granted
the right to be a party to any Town hearings on permit applications
concerning Fire Island.