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 ordinance from development which does not take into consideration the natural function of a barrier beach and its ecological systems.

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 Town Board hereby designates the Planning Board and the Zoning Board of Appeals to review the permitted uses enumerated in § 68-137 and § 68-137.1 pursuant to the intent of this ordinance.

In a Residence BAA 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:

Additional structures and accessory buildings may be erected on the same lot, provided that all requirements of this ordinance, including the minimum required width of lot, minimum required lot area, minimum required setbacks and maximum permitted floor area ratio (FAR) are met for each such additional use.

Private club mooring wharf for pleasure craft only, provided that there is no repair work or sale of any products other than petroleum products on the premises.

Private membership club, fraternity or lodge; provided, however, that no use shall be permitted when conducted for gain, profit or as a commercial venture.

Public utility.

Community building, church or other similar place of worship.

Private school or college or municipal use, including, but not limited to, a firehouse.

Private boathouse or bathhouse when not an accessory use to a one-family dwelling.

Historical or memorial monument.

Stores or offices in which goods or commodities or services are sold at retail with or without any outdoor sales, displays or storage when solely in support of community activities.

(Reserved)[1]

The following accessory uses shall be permitted when located on the same lot with and when clearly incidental to the principal use:

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.

Whenever a use has been authorized by special permit pursuant to § 68-137, no accessory use shall be permitted unless the same shall have been specifically authorized by the Planning Board.

Child day-care center as an accessory use to a church or similar place of worship, community building or educational institution.

In a Residence BAA 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.

Accessory structures shall not exceed 14 feet in height or shall be a maximum of one story, whichever is less.

Exceptions subject to Town Board approval. The following, after receiving Town Board approval, shall be exceptions:

Flagpoles shall not exceed 18 feet in height.

The minimum required plot area for a single-family dwelling shall be 6,000 square feet.

The minimum required plot area for other permitted buildings not accessory buildings shall be 20,000 square feet.[1]

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.

(Reserved)

The maximum gross floor area for a single-family dwelling hereafter erected, inclusive of all accessory structures unless specifically excluded in this chapter, shall not exceed an FAR of 0.30.

(Reserved)

For the purpose of this chapter, "deck" shall be defined as a single- or multi-level flat, open-floored, roofless structure more than four feet in width which is designed as an accessory use to a dwelling. All decks on Fire Island shall conform to the roofless deck and patio requirements in § 68-420.2 and are subject to the definition of "gross floor area" in § 68-3.

Minimum requirements.

Exception. A lot need not have the required width throughout, as long as the following requirements are met:

Separate ownership. A single-family dwelling may be erected on any lot which was separately owned at the time of passage of this ordinance 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 chapter.

Main buildings. All buildings except accessory buildings hereafter erected shall have a required front yard of 25 feet.

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.

Through lots. A minimum front yard setback of 25 feet shall be required on both street frontages on a through lot.

Accessory buildings; sanitary systems.

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.

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.

Accessory buildings; sanitary systems.

Dwellings and other permitted buildings. All main buildings hereafter erected shall have a minimum rear yard whose depth is not less than 25 feet.

Accessory buildings; sanitary systems.

Cornices, eaves, gutters and chimneys projecting not more than 24 inches.

Bay windows and fireplaces not wider than six feet and not projecting more than 24 inches.

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.

Unenclosed porches encroaching not more than five 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 secondary front yards, 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.

Open and unroofed decks encroaching not more than five 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 secondary front yards, nonconforming front yard setbacks and 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.

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:

The Town Board finds that the above uses therefor 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 tranquility 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.

Aboveground swimming pools shall be permitted as of right as an accessory use, provided that the following requirements are met:

A lot need not have the required lot area so long as the current property owner was previously granted a temporary special exception by the Zoning Board of Appeals prior to the elimination of the former Islip Town Code § 68-149.2 on December 12, 2006. In such cases, the Zoning Board of Appeals is empowered to renew the prior temporary special exception subject to compliance with the following requirements:

The following regulations and criteria must be followed by the Board when renewing the temporary special exception to maintain an aboveground pool not having the required plot area:

Before any permit concerning a building, structure or premises or part thereof, its use or occupation or its alteration or erection is issued, the applicant must comply with the procedure set forth in the Environmental Quality Review Ordinance, Chapter 13B.

The National Park Service shall hereafter be granted the right to be a party to any Town hearings on permit applications concerning Fire Island.

All development on Fire Island shall conform in all respects with all federal, state and county rules and regulations unless so modified by said agencies.