Islandia City Zoning Code
ARTICLE VII
Use District Regulations: Residence Districts
§ 177-51 Intent.
The intent of the residence districts is to provide a balanced housing stock by providing for the continuation of a range of residential development which includes single-family detached dwellings at low and medium densities and limited areas to accommodate two-family detached dwellings and higher density multifamily developments.
§ 177-52 Residence districts: Table of Use Regulations.
This table is provided at the end of this chapter.
§ 177-53 Expressly prohibited uses.
The following are prohibited uses:
A.
Except as permitted in § 177-57A(1)(e), parking of any vehicle registered as a bus, minibus or commercial vehicle, including a tractor-trailer combination (or either component thereof), and any vehicle bearing commercial advertising or identification is prohibited.
B.
Boarding house or rooming house.
C.
Mobile homes.
D.
The parking of any vehicle in a front or side yard is prohibited except in a driveway which is paved with asphalt, concrete, pavers or compacted crushed stone.
[Added 4-6-1998 by L.L. No. 4-1998]
E.
Multifamily housing that is not otherwise in accordance with the zoning provisions of the Village of Islandia and which is not located in a structure that has specifically been approved as a multifamily structure by the Village of Islandia is prohibited.
[Added 7-2-2013 by L.L. No. 7-2013]
§ 177-54 Residence Districts: Table of Dimensional Regulations.
This table is provided at the end of this chapter.
§ 177-55 Dwelling, senior-citizen-shared.
Senior-citizen-shared dwellings are subject to the following additional conditions:
§ 177-56 Model house.
Model houses are subject to the following additional conditions:
A.
Model houses shall be part of an existing subdivision within the Village of Islandia.
[Amended 2-1-1996 by L.L. No. 2-1996]
B.
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; provided, however, that before a permit shall be issued, a plot plan shall be filed with the Village Board showing the following, and the same shall be installed and maintained:
(1)
Parking to be provided for at least six cars for each model (minimum of 10 feet by 20 feet for each parking space) plus sufficient maneuvering area.
(2)
Area to be graded so as to prevent water from draining onto adjacent street or streets.
(3)
Area to be surfaced with a minimum of two inches of compacted limestone screening or an approved equal.
(4)
Ingress and egress shall be controlled by a restrictive-type fence or concrete curb, such openings not to exceed 20 feet in width and to be a minimum of 20 feet distance from any corner and also a minimum distance of 10 feet from an inside property line.
(5)
In the event that hard-surfaced parking is utilized, such parking area shall be equipped with self-contained drainage.
(6)
Any parking area that is located on a corner plot shall be designed so as not to obstruct the view and cause danger to traffic.
§ 177-57 Accessory uses.
A.
Permitted accessory uses.
(1)
The following accessory uses shall be permitted when located on the same lot with the authorized use and after first securing a valid building permit:
[Amended 12-3-1998 by L.L. No. 14-1998]
(a)
Private garages.
(b)
Professional home occupations. The office of a physician, lawyer, architect, engineer, dentist, chiropractor or accountant offering skilled services to clients and not professionally engaged in the purchase or sale of economic goods; provided, however, that such use shall be within the principal building and occupy not more than 1/3 of the first-floor area. The storage of radioactive materials for therapeutic usage with human beings shall be permitted by hospitals and duly licensed physicians when approved by the New York State Department of Health. Off-street parking shall be provided in accordance with Article XV.
(c)
Customary home occupations, including dressmaking, millinery, laundry, seamstress and tutoring, limited to a single pupil at a time, including instruction in violin, piano or other individual musical instrument, and babysitting, limited to care for up to two children per day for a maximum of 12 hours per day for a maximum of five days per week; provided, however, that such use shall be permitted only where conducted by the person residing on the premises.
(e)
Parking of one commercially registered pickup truck or van having a gross vehicle weight of less than 10,000 pounds on driveway, whether or not either type of vehicle bears any commercial advertising or identification, or parking of a maximum of one vehicle registered as a mini school bus which does not exceed a gross vehicle weight of 9,000 pounds.
(f)
Family day-care home.
(g)
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.
(h)
Decks/patios.
[1]
A deck/patio located on the same plot as a one- or two-family dwelling shall not violate the front, side or rear yard requirements of the principal structure and shall comply with all other Village laws, rules and regulations. A building permit shall not be required for a deck less than 18 inches above the adjacent grade level.
[2]
Decks/patios shall not be used in determining the FAR, but decks greater than 18 inches in height shall not exceed the actual principal building coverage (footprint).
[3]
Subfloor railing posts, railings and/or walls shall not exceed four feet in height above any deck.
[4]
A storage shed located on the same plot as a one- or two-family dwelling, provided that only one storage shed shall be located on such plot and that such storage shed shall be securely anchored to the ground, shall comply with the structural provisions of the New York State Building Code and shall comply with all other Village laws, rules and regulations. If such shed is less than 120 square feet in area, no building permit is required.
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 principal building has actually been commenced, and no accessory building shall be used unless the principal building on the lot is completed and used.
C.
Whenever a use has been authorized by special permit, no accessory use shall be permitted unless the same shall have been specifically authorized by that Board which authorized the use.
[Amended 2-1-1996 by L.L. No. 2-1996]
§ 177-58 Living area.
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 shall be finished in accordance with the provisions of the New York State Building Code.
[Amended 2-1-1996 by L.L. No. 2-1996]
(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 shall be finished in accordance with the provisions of the New York State Building Code.
[Amended 2-1-1996 by L.L. No. 2-1996]
B.
For the purpose of this chapter, "ground floor area" shall mean the area within the exterior walls of the dwelling at grade level, and further provided that the distance from floor to ceiling shall not be more than 50% below grade.
§ 177-59 MF-18 Multifamily Residential Owner-Occupied Condominium Overlay District.
[Added 3-7-2005 by L.L. No. 1-2005]
A.
Applicability. In addition to the foregoing residence districts in this article, the following MF-18 Multifamily Residential Owner-Occupied Condominium Overlay District is hereby adopted. Residential owner-occupied condominium uses within the overlay district shall be conditionally permitted uses subject to the special permit requirements herein, and other requirements of the Islandia Zoning Ordinance, except the following: § 177-53D, § 177-55, § 177-56, § 177-57 and § 177-58 shall not apply. Note that in addition to uses specifically permitted herein, the uses permitted in the underlying zoning district shall remain in place. However, to the extent that any use within the MF-18 Overlay District is proposed, the regulations herein exclusively shall apply, and none of the regulations of the underlying district shall apply.
B.
Special permit requirements.
(1)
Only properties meeting the following requirements shall be permitted to develop in accordance with the MF-18 Overlay District:
(a)
The site shall be currently zoned "O" Office.
(b)
The site shall be at least 520,000 square feet in size.
(c)
The site shall have at least 400 feet of frontage along a roadway defined in the Village of Islandia Comprehensive Plan as a major arterial, defined as Motor Parkway and Veterans Memorial Highway.
(d)
The site shall be at least 500 feet from the nearest residentially zoned property in the Village of Islandia.
C.
Uses permitted. The uses permitted in the MF-18 Overlay District are shown in the Table of Use Regulations at the end of this chapter. Residential owner-occupied condominiums are conditionally permitted uses subject to special permit requirements. A restaurant may also be permitted as an accessory use subject to special permit, in conjunction with the principal use. Such use shall occupy no more than 7,000 square feet on the ground floor only of the principal use.
D.
Dimensional requirements. In addition to those requirements listed below, the dimensional regulations in the Table of Dimensional Regulations provided at the end of this chapter shall be adhered to.
(1)
Maximum residential density: 18 dwelling units per acre, up to a maximum of 225 units.
(2)
Maximum impervious coverage: 50%.
(3)
Minimum open space: 50%.
(4)
Minimum usable open space: At least 40% of the site area shall be set aside as contiguous landscaped or naturally vegetated open space.
(5)
Minimum parking setback: No parking shall be permitted any closer than 15 feet to any lot line or public right-of-way.
E.
Parking requirements. The following parking requirements shall be provided:
Use | Number of Spaces |
|---|---|
Studio (0-bedroom) apartment | 1.0 |
One-bedroom apartment | 1.5 |
Two-bedroom apartment | 2.0 |
Three or more bedroom apartment | 2.5 |
Restaurant facilities | 1 per three seats |