Islip City Zoning Code
ARTICLE XIII
Use District Regulations: Residence CA District
§ 68-166 General site criteria. [1]
[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.
§ 68-166.1 Permitted uses.
In a Residence CA 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:
§ 68-167 Uses permitted by special permit from Town Board after public hearing.
The uses permitted by special permit from the Town Board after public hearing 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.
§ 68-167.1 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.
§ 68-168 Uses permitted as special exception by Board of Appeals after public hearing.
The uses permitted as special exceptions by the Board of Appeals after public hearing 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.
§ 68-169 Accessory uses.
No accessory use and structure shall be permitted in a Residence CA District except those which are permitted in a Residence AAA District.
§ 68-169.1 Prohibited uses.
[Added 4-8-1997]
All uses not expressly permitted are prohibited.
§ 68-170 Height.
[Amended 12-21-1993; 4-8-1997]
A.
An attached or detached single-family dwelling shall not exceed 35 feet in height or two stories.
B.
Apartments shall not exceed 35 feet in height or two stories for living purposes; provided, however, that in a specific application and after a public hearing, the Town Board may permit additional height and grant additional stories for apartment houses or garden apartments; provided, further, that the portion of the apartment building which is erected 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.
[Amended 12-17-2019]
C.
Flagpoles shall not exceed 18 feet in height.
[Added 9-11-2001]
D.
An accessory building shall not exceed 35 feet in height or 2 1/2 stories. Accessory garages shall be limited to 18 feet in height.
[Amended 7-20-2021; 7-12-2022]
§ 68-171 Floor area ratio (FAR).
A.
The total building area for all permitted uses, including all buildings, shall not exceed an FAR of 0.20, except when density bonuses are granted in accordance with §§ 173.1, 173.2 and 173.3 of this article in which case a maximum FAR of 0.3 may be permitted by the Town Board after public hearing.
[Amended 11-1-1988; 4-8-1997; 5-21-2013]
F.
Accessory buildings shall not occupy more than 15% of the total lot area.
§ 68-172 Lot area.
[Amended 6-3-1969; 6-15-1976; 9-1-1981; 11-1-1988; 12-21-1993; 4-8-1997; 12-17-2019; 4-8-2025]
A.
The minimum required plot area for an apartment house or attached single-family dwelling development shall be 80,000 square feet.
B.
The minimum required plot area for a semi-attached single-family dwelling shall be 4,000 square feet.
C.
A minimum lot area of 30,000 square feet shall be required when the following criteria is met:
(1)
The subject parcel is within 1,250 feet of a Long Island Railroad Station or a parcel eligible for the Downtown Development District zoning district.
(2)
The rear yard consists of 15% open space exclusive of buffer and parking areas.
(3)
No parking in the front yard.
(4)
The building must have a lobby from which all rooms are accessible (via hallways, elevators). No entry doors to each unit are permitted.
§ 68-173 Maximum permitted density (dwelling units per acre). [1]
[Added 4-8-1997; amended 5-21-2013]
Density shall be determined based upon consistency with the general design criteria as determined by the Planning Board during the site plan review process.
A.
A maximum of nine dwelling units per acre shall be permitted for apartment houses or garden apartments, except as otherwise provided in §§ 173.1, 173.2 and 173.3 of this article.
B.
A maximum of six dwelling units per acre shall be permitted for attached single-family dwellings, except as otherwise provided in §§ 173.1, 173.2 and 173.3 of this article.
C.
A maximum of four dwelling units per acre shall be permitted for 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.
[1]
Editor's Note: Former § 168-173, Living area, was repealed 11-1-1988.
§ 68-173.1 Density bonuses, generally.
[Added 5-21-2013[1]]
A.
In accordance with the provisions of Town Law § 261-b, the Town Board is empowered to provide for a system of zoning incentives, or bonuses, as deemed necessary and appropriate to advance the Town's specific physical, cultural and social policies in accordance with the Town's comprehensive plan and in coordination with other community planning mechanisms or land use techniques.
B.
The Town Board has determined that affordable housing, as well as energy and sustainable design, are suitable community benefits which warrant promotion through the density bonuses hereinafter described. If the Town Board determines that affordable housing/energy and sustainable design are not immediately feasible or otherwise not practical, the Town Board may accept a payment to the Town in lieu thereof. Any such payment shall be deposited in a trust fund to be used by the Town Board exclusively for specific community benefits authorized by the Town Board.
C.
In order to utilize the density bonuses described herein, an applicant shall make application for approval from the Town Board through the Department of Planning and Development in accordance with the procedures outlined in Article IVA of this chapter.
D.
At no time shall overall densities exceed 12 units per acre for apartment houses and garden apartments.
E.
At no time shall overall densities exceed 10 units per acre for attached single-family dwellings.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 173.1 as § 173.2.
§ 68-173.2 Affordable housing.
[Added 4-8-1997; amended 5-21-2013; 12-17-2019]
A.
Minimum requirements. A minimum of 10% of all dwelling units permitted pursuant to this article shall be designated as affordable housing on site in accordance with Town standards.
B.
Affordable housing density bonus. Provided that a minimum of 20% of all units permitted pursuant to § 68-166.1A and B are maintained as affordable units on site, additional density may be permitted by the Town Board after public hearing pursuant to the following provisions:
(1)
The maximum permitted density for apartment houses or garden apartments may be increased, provided that each additional unit above nine units per acre is designated as affordable housing in accordance with Town standards, or that a minimum of 20% of the total number of units are designated as affordable, whichever is more restrictive.
(2)
The maximum permitted density for attached single-family dwellings may be increased, provided that each additional unit above six units per acre is designated as affordable housing in accordance with Town standards, or that a minimum of 20% of the total number of units are designated as affordable, whichever is more restrictive.
(a)
To qualify for the affordable housing density bonus on attached single-family dwellings, the sales prices of affordable units shall be established such that the units are affordable for households whose earnings do not exceed the median family income for the Nassau-Suffolk Metropolitan Area as established by the United States Department of Housing and Urban Development (HUD MFI), as adjusted for family size.
(b)
If the sales prices of the affordable units are set lower than as described in § 68-173.2B(2)(a), fewer affordable units may be required to meet the density bonus requirements. The percentage reduction in the number of affordable units required shall be equal to the percent change in affordability from the HUD MFI, (i.e., units designated as affordable to households earning 80% of HUD MFI shall be permitted a reduction of 20% in the number of affordable units required to qualify for the affordable housing density bonus).
(c)
The Town Board in its discretion may permit a range of affordability levels for a particular project, provided that the average level of affordability complies with these requirements.
§ 68-173.3 Energy and sustainable design.
[Added 5-21-2013]
A.
Energy and sustainable design density bonus. Additional density may be permitted by the Town Board after public hearing pursuant to the following provisions:
(1)
The permitted density for apartment houses, garden apartments and/or attached single-family dwellings may be increased, provided that solar, wind, geothermal, or other alternative renewable energy source deemed acceptable by the Town Board will provide a percentage of the total energy needs of the development, as measured using Comcheck or other applicable energy modeling system sanctioned by the New York State Energy Code, in accordance with the table below:
Total Energy Needs of Site Provided by Alternative Renewable Energy Source (percentage) | Additional Permitted Density Above Base Permitted Density (units per acre) |
|---|---|
At least 30% | Up to 1 |
At least 50% | Up to 2 |
At least 70% | Up to 3 |
(2)
The permitted density for apartment houses, garden apartments and/or attached single-family dwellings may be increased, provided that the development complies with Leadership in Energy and Environmental Design (LEED) standards or the National Green Building Standard (NGBS) for certification, in accordance with the table below. The bonus unit(s) shall not be constructed until proof of certification has been verified by the Commissioner of Planning and Development.
Type and Level of Certification | Additional Permitted Density Above Base Permitted Density (units per acre) |
|---|---|
Leadership in Energy and Environmental Design (LEED) standards for Certification or National Green Building Standard (NGBS) standards for Bronze Certification | Up to 1 |
Leadership in Energy and Environmental Design (LEED) standards for Silver Certification or National Green Building Standard (NGBS) standards for Silver Certification | Up to 2 |
Leadership in Energy and Environmental Design (LEED) standards for Gold Certification or National Green Building Standard (NGBS) for Gold Certification | Up to 3 |
§ 68-173.4 Clustered housing and recreational uses.
[Added 12-17-2019]
A.
In the Residence CA District the following recreational uses shall be allowed as an additional use to the uses permitted under § 68-166.1: 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 and may include density bonuses pursuant to § 68-173.1. 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.
§ 68-174 Width of lot.
[Amended 4-8-1997; 4-8-2025]
B.
Exception. A lot need not have the required width as measured parallel to and 30 feet back from the front property line, so long as:
(1)
Said lot has the required width as measured parallel to and 50 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; and
(3)
Said lot otherwise complies with all requirements of this chapter.
§ 68-175 Front yard.
[Amended 11-1-1988; 4-8-1997; 12-17-2024; 4-8-2025]
A.
The minimum required front yard setback for an apartment house 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.
B.
(Reserved)
C.
The minimum required front yard setback for an attached single-family dwelling shall be 50 feet from all streets, unless arterial highway setback is greater.
D.
The minimum required front yard setback for an attached or detached single-family dwelling shall be 50 feet from all streets, unless arterial highway 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 development will be fronting.
E.
The minimum required front yard setback for a semi-attached single-family dwelling (duplex) shall be 25 feet from all streets, unless arterial highway setback is greater.
§ 68-176 Side yards and rear yards.
[Amended 4-8-1997; 5-21-2013; 4-8-2025]
A.
A minimum setback of 50 feet shall be provided for all apartment houses or attached single-family dwellings from all adjoining properties, except when density bonuses are granted in accordance with §§ 173.1, 173.2 and 173.3 of this article, in which case a minimum setback of 25 feet may be permitted by the Town Board after public hearing.
B.
A minimum setback of 10 feet shall be provided for all semi-attached single-family dwellings, unless adjacent to a more restrictive zoning district. In that instance, the side yard setback of the more restrictive zoning district shall be required.
C.
A minimum setback of 25 feet shall be provided for all accessory buildings.
§ 68-177 (Reserved) [1]
[1]
Editor's Note: Former § 68-177, Building separation, was repealed 6-8-2010.
§ 68-178 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.
§ 68-179 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.
§ 68-180 Fences.
(See Article XXX.)