[Amended 7-3-1973[1]; 12-18-1979; 1-20-1987; 3-19-1991; 4-8-1997; 4-21-1998; 3-23-1999; 4-5-2005; 8-14-2007; 5-28-2008; 6-8-2010; 12-17-2019; 7-20-2021; 7-12-2022]
These provisions are intended to provide for appropriate minimum
requirements for large-scale retail and automobile-dependent uses,
including, but not limited to, retail fuel stations, motor vehicle
dealerships, and fast-food restaurants. Said properties shall be large
enough to accommodate any proposed outdoor storage, outside retail
sales, and vehicle queuing as necessary along with other minimum site
requirements. Sites are most appropriately located on arterial highways,
at signalized intersections, and reasonably located away from single-family
dwellings and schools.
[1]
Editor's Note: This amendment is to take effect
and be in force on and after 7-21-1973.
[Added 8-14-2007; amended 7-12-2022]
In a Business 3 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:
A.
Museum.
C.
Store,
office, medical office, delicatessen, bank, broadcasting studio, and
community building.
[Amended 3-14-2023]
D.
The
operation of any retail business will be permitted which is allowed
in Business 1 and Business 2 Districts, except as otherwise provided
herein.
E.
Child
day-care center.
F.
Personal
service establishments, including, but not limited to, barbershop,
beauty parlor, shoe repair shop.
G.
Craft
trade shop.
H.
Nonprofit
fraternity or lodge.
I.
Historical
or memorial monument.
J.
Church
or other similar place of worship or parish house, provided that a
minimum buffer area of 25 feet in width in accordance with Town standards
is provided and maintained adjacent to any residential use or zone
and a site plan is submitted to and approved by the Planning Board
or its designee indicating compliance with all applicable land development
standards.
K.
Automobile
parking field, provided that a site plan is submitted to and approved
by the Planning Board or its designee indicating compliance with all
Town standards.
L.
Health
club.
M.
Veterinarian,
provided that a minimum setback of 50 feet is maintained for any outside
activity and that buffers and fencing are maintained in accordance
with Town standards.
N.
Public
school.
O.
Private
or parochial school, including preschool programs, elementary and
secondary schools, vocational schools and other non-degree-granting
schools, including self-defense, dance, swimming, gymnastics and similar
instruction/programs, except those associated with manufacturing or
truck driving.
P.
Restaurant,
minor.
Q.
Municipal
building or use.
R.
Laundromat.
[Added 3-14-2023]
A.
Outdoor storage of primary goods accessory to a permitted
retail use. The outdoor and overnight parking of vehicles, including
construction equipment, shall not be permitted in conjunction with
this special permit. Outdoor storage shall be screened from public
view of any right-of-way at the direction of the Town Board.
[Amended 6-8-2010; 3-14-2023]
I.
Regional theater, subject to a determination by the
Planning Board and Town Board that the site is in conformance with
the following minimum site conditions:[8]
[Added 12-12-2006]
(1)
The site maintains a minimum lot area of 25 acres.
(2)
The theater use shall be a component of a mixed-use
development consisting of retail, food service and/or public assembly
uses.
(3)
A site plan indicating public amenities such as plazas,
open space, arcades, walkways, fountains and/or similar features is
submitted to and approved by the Planning Board.
[8]
Editor's Note: Former Subsection I, Lithographic
establishment, was repealed 9-12-2000.
J.
Public transportation terminal facility, including
airports.
K.
Lumberyard or building materials establishment.
S.
Farmers' market, provided that the following minimum
requirements are complied with:[16]
[Added 12-12-2006]
(1)
A lot area of not less than 15 acres shall be provided.
(2)
No vending or selling of produce, merchandise, wares,
foods or other materials shall be permitted outside any building or
structure used or intended to be used as farmers' market without specific
approval of the Town Board.
(3)
Adequate off-street parking shall be provided on a
suitably paved area for such use, in a ratio of not less than four
square feet of parking space for each one square foot of usable floor
area.
(4)
No structure shall be erected or used for the operation
of any farmers' market unless it shall conform in all respects with
the Building Code of the Town of Islip.
(5)
The use of a public address system or systems for
the purpose of vending any produce, wares or other materials is hereby
forbidden.
[16]
Editor's Note: Former Subsection S, listing
convenience market, added 9-16-1986, was repealed 4-8-1997.
T.
Psychiatric clinics or similar health-related facilities,
excluding overnight residential treatment facilities.
[Added 4-8-1997]
[Added 11-14-1995; amended 4-8-1997; 4-21-1998; 3-23-1999; 9-12-2000]
A.
[1] Vehicle fleet parking field for registered vehicles, including
but not limited to ambulettes, buses, livery vehicles, and taxis.
Tractor trailers, box trucks, pickup trucks, construction vehicles,
ice cream/food trucks are expressly prohibited. The use of the parking
field shall be for active vehicles and shall not be used for vehicle
storage. At no time shall any vehicle be parked in such a position
as to obstruct the free ingress and egress of vehicles. All such vehicle
parking fields shall be completely screened from view with fencing,
landscaping, and berms at the direction of the Planning Board.
[Added 7-20-2021]
[1]
Editor's Note: Former Subsection A, regarding minor restaurants,
was repealed 9-15-2020.
B.
Billiard hall.
C.
Vehicle repair shop, except as otherwise provided
herein.
D.
Convenience market, subject to the lot having a minimum
of 20,000 square feet.
[Amended 6-8-2010]
E.
Outside seating as an accessory use to a permitted
bar, tavern, nightclub, restaurant or minor restaurant use, provided
the site otherwise complies with all applicable Code requirements
and subject to the following requirements:
[Amended 9-11-2001]
(1)
Outside seating shall be permitted for dining
purposes only. The service and consumption of alcohol shall only be
permitted as clearly accessory and incidental to the service of food.
No outside bar shall be permitted. In no case shall the service of
alcohol be permitted off site.
(2)
Outdoor loudspeakers, exterior live entertainment
or dancing of any kind shall not be permitted.
(3)
Outside seating shall only be permitted to operate
between the hours of 8:00 a.m. and 11:00 p.m.
(4)
Outside seating shall be permitted on the subject
parcel or on the sidewalk area adjacent to a dedicated roadway, provided
it does not encroach onto the sidewalk by more than 50% and further
provided there is a minimum unobstructed sidewalk area of eight feet.
F.
Game room.
G.
Private or parochial college or university excluding
dormitories and other college or university residential uses.
H.
Restaurant.
I.
Assembly and social recreation hall or dance hall.
J.
A walk-up counter or service window as an accessory
use to a restaurant or minor restaurant use, provided the site otherwise
complies with all applicable code requirements and subject to the
following requirements:
[Added 9-11-2001]
(1)
A walk-up counter or service window shall be
permitted for food purposes only. Service of alcoholic beverages from
a walk-up counter or service window shall not be permitted.
(2)
Outdoor loudspeakers, exterior live entertainment
or dancing of any kind shall not be permitted.
(3)
A walk-up counter or service window shall only
be permitted to operate between the hours of 8:00 a.m. and 11:00 p.m.
(4)
A minimum unobstructed sidewalk area of at least
eight feet shall be maintained in front of any walk-up counter or
service window.
K.
Taxi office.
[Added 1-14-2003]
L.
Any single-user freestanding retail use in excess
of 10,000 square feet of gross floor area.
[Added 4-5-2005]
M.
A drive-through window for a bank, as an accessory
to said use, subject to the lot having a minimum of 35,000 square
feet.
[Added 4-5-2005; amended 12-12-2006; 5-28-2008; 6-8-2010]
O.
Outdoor recreation use, including mini-golf, court
games, and field sports. Outdoor batting cages and go-kart uses are
not allowed as part of this special permit.
[Added 12-2-2008]
Q.
A drive-through
window for a pharmacy facility, as an accessory to said use, subject
to the lot having a minimum of 35,000 square feet.
[Added 6-8-2010]
R.
Indoor
recreational use.
[Added 6-8-2010]
U.
Ambulette
office, including the outside storage of ambulette vans, provided
that the following criteria are met:
[Added 10-13-2010]
(1)
Ambulette van(s) shall not exceed 9,000 pounds in unladen weight
or exceed 19 feet in length.
(2)
No ambulette vans are located within any front yard or second front
yard unless hidden or screened from view from any adjoining residential
zone or use or from any adjacent right-of-way at the direction of
the Planning Board.
(3)
The number of parked ambulette vans and area for their parking are
clearly shown on, and limited by, an approved site plan. The Planning
Board shall determine the maximum number of permitted ambulette vans
on a property. At no time may the number of parked ambulette vans
exceed the number permitted by the Planning Board. Ambulette van parking
stalls shall not count towards the overall parking calculation for
the entire property.
(4)
All ambulette vans shall have a current registration and inspection
from the New York State Department of Motor Vehicles, shall be licensed
by the New York State Department of Transportation and shall be fully
operational.
(5)
Repair, other than routine maintenance, of any ambulette van shall
be prohibited, unless a special permit is obtained by the Planning
Board.
V.
Bar,
tavern, or nightclub.
[Added 10-25-2011]
W.
Car wash (motor vehicle wash).
[Added 12-17-2019]
[Added 9-12-2000]
A.
The following uses are permitted after the review and approval of the Planning Board without complying with the notice requirements of § 68-32, subject to compliance with the following criteria:
[Amended 12-17-2019]
(1)
A parking relaxation of no greater than 20%.
(2)
A landscaping relaxation of no greater than
20%.
(3)
Approval will not result in any on- or off-site
traffic impacts, as determined by the Planning Board.
(4)
The use is consistent with the spirit and intent
of the Town Code and Comprehensive Plan.
(5)
The site is not adjacent to any residential
use or zone.
B.
Uses.
(2)
Vehicle repair shop.
(3)
Outside seating as an accessory use to a permitted bar, tavern, nightclub, restaurant or minor restaurant use, provided the site otherwise complies with the provisions of Subsection A of this section and subject to the requirements set forth in § 68-302.1E of this article.
[Amended 9-11-2001; 4-5-2005]
[1]
Editor's Note: Former § 68-303,
Uses permitted in B3 District only, and in no other business or industrial
district, by special permit from Town Board after public hearing,
as amended, was repealed 12-12-2006.
[Amended 4-8-1997; 4-21-1998; 12-12-2006]
A.
Gambling vessel.
A.
The following accessory uses shall be permitted when
located on the same lot with the authorized use:
(2)
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.
(3)
A single live-work unit as an accessory use to a permitted marina.
[Added 8-19-1980; amended 12-17-2019]
(4)
Spray booth when operated as an accessory to a primary
permitted use, provided the booth has received a permit from the New
York State Department of Environmental Conservation or evidence is
submitted demonstrating exemption for said permit.
[Added 5-28-2008; amended 6-19-2012]
(5)
Minor restaurant accessory to a retail use of no less than 25,000 square feet in gross floor area, subject to the conditions in § 68-274.
[Added 2-28-2017]
(6)
The
sale and filling of propane exchange tanks.
[Added 3-14-2023]
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.
[Added 4-9-1997]
All uses not expressly permitted are prohibited.
C.
The minimum required plot area for business uses,
shall be 20,000 square feet except as otherwise provided herein.
[Amended 11-1-1988; 9-11-2001; 12-17-2019]
E.
The minimum required plot area for nonprofit fraternity
or lodge, church or other similar place of worship or parish house,
public school, private or parochial school, university or college
dormitory, public transportation terminal facility, psychiatric clinics
or similar health-related facilities, animal care center, and private
or parochial college or university shall be 20,000 square feet.
[Amended 9-11-2001; 7-20-2021]
F.
The minimum required plot area for a car wash (motor
vehicle wash), or fast-food restaurant shall be 40,000 square feet.
[Added 4-8-1997; amended 12-17-2019]
G.
The minimum required plot area for a vehicle repair
shop shall be 20,000 square feet.
[Added 4-8-1997]
H.
The minimum required plot area for a regional theater
shall be 25 acres.
[Added 4-8-1997]
I.
The minimum required plot area for a marina shall
be 80,000 square feet.
[Added 9-11-2001]
J.
The minimum required plot area for a lumberyard or
building materials establishment shall be 40,000 square feet.
[Added 9-11-2001]
K.
The minimum required plot area for a motor vehicle dealership shall
be 160,000 square feet.
[Added 12-17-2019]
[Amended 4-5-2005]
The minimum living area requirements shall be
the same as those required in the Business District.
A.
Minimum requirements.
(2)
The minimum width of lot for all permitted buildings
shall be 65 feet, except as otherwise provided herein.
(4)
The minimum width of lot for a community building,
church or other similar place of worship or parish house shall be
100 feet throughout.
[Amended 4-8-1997]
(6)
The minimum width of lot for all other permitted uses
shall be 100 feet throughout.
B.
Corner lots. All main buildings hereafter erected on a corner lot shall have a front yard facing the side street. This front yard shall be at least 15 feet except as otherwise provided herein, unless arterial highway setback is greater (see Article XXXII).
D.
Other permitted buildings. Buildings permitted in a B3 District shall have a minimum front yard setback of 25 feet from all streets, unless arterial highway setback is greater (see Article XXXII).
E.
Accessory buildings. Accessory buildings in a B3 District shall have a minimum setback of 35 feet from all streets, unless arterial highway setback is greater (see Article XXXII).
F.
Front yard transition. Wherever any side yard of a
plot in a B3 District abuts the side yard of a plot in a residence
district, the minimum front yard setback for the building on the plot
in a B3 District shall be the minimum requirement for the front yard
setback in the residence district.
A.
All main and accessory buildings hereafter erected
shall have a side yard along each lot line other than a street or
a rear line. Side yards shall be 10 feet, except where a greater side
yard shall be required to accomplish side yard transition.
[Amended 2-28-2017]
B.
Side yard transition. Wherever any side yard of a
plot in a Business 3 District abuts a plot or plots in one or more
use districts other than B3, then the minimum required side yard for
all buildings in a B3 District shall be the more restrictive side
yard so abutted.
A.
Main buildings. All main buildings hereafter erected
shall have a minimum rear yard of not less than 10 feet, except where
a greater depth shall be required to accomplish rear yard transition.
B.
Rear yard transition. Whenever any rear yard of a
plot in a B3 District abuts a plot or plots in one or more residence
use districts, the minimum required rear yard of all main or accessory
buildings in a B3 District shall be 35 feet.
[Amended 7-20-2021]
No encroachments shall be permitted.
[Amended 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 exterior site improvements and improvement of property shall be regulated under Article XXXI of this ordinance.
[Amended 8-12-2003]
C.
A minimum buffer area of 25 feet in width in accordance
with Town standards shall be provided and maintained adjacent to any
residential zone or use.
(See Article XXX.)
