Islip City Zoning Code
ARTICLE X
Use District Regulations: Residence C District
§ 68-119.3 Legislative intent.
[Added 4-8-1997]
These provisions are enacted to provide for proper housing for the Town's senior citizens. The Town Board recognizes an existing and growing need for the provision of housing, especially designed for senior citizens, based upon economic conditions, demographic trends and the existing housing stock. A "senior citizen" shall be defined as any person 55 years of age or older. The senior citizen's immediate family is limited to the senior citizen's spouse, children and grandchildren 19 years of age or older. Adults under 55 years of age may be admitted as permanent residents if it is established to the satisfaction of the Town Board that the presence of such person is essential for the physical care or economic support of eligible older persons. Exceptions: Rental units constructed prior to the revision of the age requirement from 60 to 55 years of age shall be required to submit a site plan to the Planning Board for a determination that adequate parking exists to accommodate the lower age requirement. Occupancy of all housing units within a Residence C District shall be restricted to senior citizens as provided herein.
§ 68-119.4 General site criteria.
[Added 4-8-1997]
A.
The site shall be located within a convenient distance to a downtown center or in the alternative existing retail services.
B.
The site shall maintain convenient access to public transportation services.
C.
The site shall be of sufficient size and shape so as to provide for the required buffer, landscaping and setback requirements.
D.
The site shall be of sufficient size so as to provide for adequate parking in accordance with Town standards while still maintaining a residential appearance to the site.
E.
The site shall be of sufficient size so as to provide for ample open space and/or recreation areas consistent with the needs of the residents and the goals of the Town of Islip.
§ 68-120 Permitted uses.
[Amended 5-1-1973; 7-14-1993; 4-8-1997]
In a Residence C District, no building, structure or premises shall be used or occupied and no building or part thereof shall be so erected or altered except for the following purposes:
§ 68-121 Uses permitted by special permit.
Permitted uses shall be the same as those permitted in a Residence AAA District when authorized by a special permit from the Town Board after public hearing, and no other.
§ 68-121.1 Uses permitted by special permit from Planning Board after public hearing.
[Added 7-13-1999]
The uses permitted by special permit from the Planning Board after a public hearing shall be the same as those permitted in a Residence AAA District when authorized by special permit from the Planning Board after a public hearing, and no other.
§ 68-122 Uses permitted as special exception.
Permitted uses shall be the same as those permitted in a Residence AAA District when authorized as a special exception by the Board of Appeals, and no other.
§ 68-123 Accessory uses.
No accessory use or structure shall be permitted in a Residence C District except those which are permitted in a Residence AAA District and those specially related to principal uses or structures permitted under this article.
§ 68-123.01 Prohibited uses.
[Added 4-8-1997]
All uses not expressly permitted are prohibited.
§ 68-123.1 (Reserved) [1]
[1]
Editor's Note: Former § 68-123.1, Basement occupancy, was repealed 9-15-2020.
§ 68-124 Height.
[Amended 12-17-2019; 7-12-2022]
A.
An attached or detached single-family dwelling shall not exceed 35 feet or two stories in height.
B.
An apartment house or assisted-living facility shall not exceed 35 feet or two stories in height, provided that in a specific application and after a public hearing, the Town Board may permit additional height and grant additional stories. In such instances, that portion of the apartment house or garden apartment which is granted in excess of 35 feet shall be set back a minimum of one additional foot for each additional foot of height with relation to front yards, rear yards and side yards. In no instance shall any building exceed four stories.
C.
An accessory building shall not exceed 35 feet in height. Accessory garages shall be limited to 18 feet in height.
§ 68-125 Floor area ratio (FAR).
[Amended 11-1-1988; 4-8-1997]
A.
The total building area, including all buildings, shall not exceed an FAR of 0.40 for senior citizen apartments.
B.
The total building area, including all buildings, shall not exceed an FAR of 0.30 for senior citizen single-family attached dwellings.
C.
The total building area, including all buildings, shall not exceed an FAR of 0.25 for senior citizen detached single-family dwellings.
D.
Accessory buildings shall not exceed an FAR of 0.10.
E.
The total building area, including all buildings, shall not exceed a FAR of 0.40 for assisted living facilities.
[Added 7-20-2021]
§ 68-126 Lot area.
[Amended 5-1-1973; 4-8-1997]
A.
The minimum required plot area for senior citizen apartments or attached single-family dwellings shall be 40,000 square feet.
B.
The minimum required plot area for each senior citizen detached single-family dwelling shall be 7,000 square feet.
[Amended 7-12-2022]
C.
The minimum required plot area for assisted-living facilities shall be 120,000 square feet.
[Added 7-20-2021; amended 7-12-2022]
§ 68-126.1 Maximum permitted density (dwelling units per acre).
[Added 4-8-1997]
Density shall be determined based upon consistency with the general site design criteria as determined by the Planning Board during the site plan review process.
A.
A maximum of 12 dwelling units per acre shall be permitted for senior citizen apartments.
B.
A maximum of 10 dwelling units per acre shall be permitted for senior citizen attached single-family dwellings.
C.
A maximum of six dwelling units per acre shall be permitted for senior citizen detached single-family dwellings. Lot area shall not include public facilities such as roads, including interior roads, drainage areas or open-space areas as determined by the Planning Board.
[Amended 7-12-2022]
§ 68-126.2 Affordable housing.
[Added 4-8-1997; amended 2-28-2017; 7-20-2021]
A.
A minimum of 10% of all apartments/ownership units pursuant tot his article shall be designated as affordable housing on site in accordance with Town standards.
§ 68-126.3 (Reserved) [1]
[1]
Editor's Note: Former § 68-126.3, Height, was repealed 7-12-2022.
§ 68-126.4 Clustered housing and recreational uses.
[Added 7-20-2021]
A.
In the Residence C District the following recreational uses shall be allowed as an additional use to the uses permitted under § 68-120, golf courses, commercial equestrian stables and riding academies, and community gardens.
B.
Maximum permitted density shall be determined based on the total lot area of the subject parcel. The residential development rights of the portion of the subject parcel devoted to the recreational use shall be transferred to the portion of the subject parcel devoted to the permitted use. The portion of the subject parcel devoted to the recreational use shall not be developed or used for residential purposes or for any purpose other than the recreational use. A restrictive covenant shall be recorded by the property owner prior to any site plan approval evidencing such transfer of residential development rights.
C.
To enable and encourage flexibility of design so as to allow recreational uses as a component of development undertaken pursuant to this section and provide visual open space, the Planning Board shall establish the requirements for lot width and setbacks. A restrictive covenant shall be recorded by the property owner prior to any site plan approval setting forth the Planning Board's determination regarding such requirements.
§ 68-127 Living area.
The minimum living area requirements, exclusive of attached garages, carports, open porches, open balconies, breezeways or patios, shall be 500 square feet for apartment units and 750 square feet for single-family attached dwellings.
§ 68-128 Width of lot.
A.
Minimum requirements.
[Amended 4-8-1997]
(1)
The minimum width of lot for a senior citizen single-family attached dwelling in a Residence C District shall be 25 feet throughout.
(2)
The minimum width of lot for senior citizen apartments in a Residence C District shall be 200 feet throughout.
(3)
The minimum width of lot for senior citizen single-family detached dwellings in a Residence C District shall be 75 feet throughout.
§ 68-129 Front yards.
[Amended 4-8-1997]
A.
The minimum required front yard setback for senior citizen apartments shall be 50 feet from all streets, unless arterial setback is greater. The front yard setback may be modified by the Planning Board, taking into consideration the scale of the proposed buildings and the nature and character of the structures on the street on which the apartment development will be fronting.
[Amended 12-17-2024]
C.
The minimum required front yard setback for senior citizen attached or detached single-family dwellings shall be 40 feet from all streets, unless arterial highway setback is greater.
[Amended 7-12-2022]
D.
The minimum required front yard setback for security booths and gatehouses shall be 25 feet. The minimum required front yard setback for all other accessory buildings shall be 75 feet from all streets, unless arterial highway setback is greater.
E.
The minimum required front yard setback for assisted-living facilities shall be 40 feet from all streets.
[Added 7-12-2022]
§ 68-130 Side yards and rear yards.
[Amended 4-8-1997]
A.
A minimum setback of 50 feet shall be provided for all senior citizen apartment houses or garden apartments from all adjoining properties.
B.
A minimum setback of 25 feet shall be provided for all senior citizen attached or detached single-family dwellings from all adjoining properties.
C.
A minimum setback of 25 feet shall be provided for all accessory buildings.
D.
A minimum setback of 40 feet shall be provided for all assisted-living facilities from all adjoining properties.
[Added 7-12-2022]
§ 68-131 (Reserved) [1]
[1]
Editor's Note: Former § 68-131, Building separation, was repealed 6-8-2010.
§ 68-132 Permitted encroachments.
The following encroachments are hereby permitted:
A.
Cornices, eaves, gutters, window wells and chimneys projecting not more than 24 inches. Window wells for egress windows shall be permitted to encroach 36 inches or the amount necessary based on New York State Uniform Building Code.
[Amended 7-20-2021]
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 wider or deeper than six feet nor more than three feet in height.
§ 68-133 Exterior site improvements, land clearing and parking.
[Amended 4-8-1997; 4-5-2005]
A.
The exterior site improvements and land clearing of property shall be regulated under the Subdivision and Land Development Regulations and Article XXXI of this chapter.
B.
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.
§ 68-134 Fences.
(See Article XXX.)