Islip City Zoning Code
ARTICLE XIX
Use District Regulations: Business District BD
§ 68-256 Permitted uses.
In a Business District (BD), 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:
D.
Store, office, medical office, delicatessen, or bank.
[Amended 7-12-2022]
F.
Broadcasting studio.
G.
Community building.
H.
Personal service establishments, including but not limited to barbershops, beauty parlors or shoe repair shops.
I.
Laundromat, provided a maximum of 30% of the overall building street frontage is utilized for the use.
[Amended 3-14-2023]
J.
Retail dry-cleaning establishment using New York Board of Fire Underwriters' Class I liquids.
K.
Place of business of the following and businesses of a similar and no more objectionable nature, provided that any manufacture or processing of goods on the premises is clearly incidental to retail business conducted on the premises. The parking requirements and necessary site improvements for these uses are to be determined by the Planning Board.
[Amended 4-5-2005; 2-28-2017]
Baker | Florist | Photographer |
Confectioner | Furrier | Printer |
Decorator | Milliner | Tailor |
Dressmaker | Optician | Needle Trades |
Artist | Artisan | Hand-craftsmen |
Microbrewer |
L.
Nonprofit fraternity or lodge.
M.
Historical or memorial monument.
N.
Church or other similar place or worship, or parish house, provided that a minimum buffer area of 25 feet in accordance with Town standards is 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.
[Amended 4-8-1997]
O.
Automobile parking field, provided that a site plan is submitted to and approved by the Planning Board or its designee in accordance with all Town standards.
[Amended 4-8-1997]
P.
Additional structures and accessory buildings may be erected on the same lot, provided that all requirements of this ordinance are met.
Q.
Funeral parlor/home.
[Added 1-7-1986; amended 4-8-1997; 8-5-2014]
T.
Veterinarian, provided that all activities take place within the building.
[Added 4-8-1997]
V.
Public, private or parochial school, including child day-care centers, 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.
[Added 3-23-1999; amended 8-5-2014]
W.
Museum.
[Added 6-8-2010]
§ 68-257 Uses permitted by special permit from Town Board after public hearing.
D.
Community theater.
[Amended 4-8-1997]
I.
(Reserved)[8]
[8]
Editor’s Note: Former Subsection I, regarding bars, taverns and nightclubs, was repealed 10-25-2011. Former Subsection J, regarding medical centers and offices, added 1-7-1986, as amended, former Subsection K, regarding nursing and rest homes, added 1-7-1986, and former Subsection L, regarding convenience markets, added 9-16-1986, all of which immediately followed this subsection, were repealed 4-8-1997.
§ 68-257.1 Uses permitted by special permit from Planning Board after a public hearing.
[Added 11-14-1995; amended 4-8-1997; 3-23-1999; 9-12-2000]
A.
Minor restaurant, except as otherwise provided herein.
B.
Outside display, except as otherwise provided herein.
C.
Billiard hall.
D.
Health club, except as otherwise provided herein.
F.
Private or parochial college or university excluding dormitories and other college or university residential uses.
G.
Mixed-use building, provided the commercial use occupies a minimum of 30% of the gross floor area of the building.
[Amended 2-28-2017]
H.
Private parking garage as an accessory use to a permitted principle use.
I.
Restaurant.
[Amended 9-11-2001]
J.
Any single-user freestanding retail use in excess of 10,000 square feet of gross floor area.
[Added 4-5-2005]
K.
The location of a bank drive-in window as accessory to a bank facility.
[Added 4-5-2005]
M.
Bar, tavern, or night club.
[Added 10-25-2011]
N.
Outside seating and/or outside bar service as an accessory use to a permitted bar, tavern or nightclub, subject to the following requirements:
[Added 10-25-2011]
(1)
The outdoor area shall be located a minimum of 150 feet from any single-family residence.
(2)
Outdoor loudspeakers of any kind shall not be permitted.
(3)
The outside area shall not be permitted to operate past 2:00 a.m.
(4)
Outside seating shall be permitted on the sidewalk area adjacent to a dedicated roadway between the hours of 10:00 a.m. and 11:00 p.m. for dining purposes only, 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. If on-street parking is permitted adjacent to the sidewalk, then a minimum unobstructed sidewalk area of five feet shall be required. The service and consumption of alcohol shall only be permitted as clearly accessory and incidental to the service of food.
[Amended 6-19-2012]
O.
Assembly and social recreation hall.
[Added 6-19-2012]
§ 68-257.2 Uses permitted after review and approval of Planning Board.
[Added 9-12-2000]
A.
The following uses are permitted after the review and approval of the Planning Board, subject to compliance with the following criteria:
(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.
§ 68-257.3 Additional conditions for special permits.
[Added 4-8-2025]
The subject property shall execute a cross-access agreement to allow for future cross access between adjoining parcels.
§ 68-258 Uses permitted as special exception by Board of Appeals after public hearing.
A.
Public utility where no repair or storage facilities are maintained.
B.
Single-family detached dwelling, provided the requirements for height, yard setbacks, plot area and width, and occupancy for dwellings in a Residence AA District are met.
[Added 12-17-2019]
C.
Two-family detached dwelling, provided the requirements for height, yard setbacks, plot area and width, and occupancy for two-family dwellings in a Residence CAA District are met.
[Added 12-17-2019]
§ 68-259 Accessory uses.
[Amended 12-15-1981; 7-7-1987; 10-6-1987; 4-8-1997; 9-11-2001; 10-13-2010; 8-5-2014; 12-17-2019; 4-8-2025]
A.
The following accessory uses shall be permitted when located on the same lot with the authorized use:
(1)
Private garage.
(2)
Building for storing products, merchandise or vehicles incidental or accessory to the authorized use.
(4)
Game room as an accessory to a bar, tavern or nightclub only.
(5)
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.
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.
D.
Nothing herein contained shall be construed to permit the erection, alteration, addition, maintenance or use of premises which shall provide outside storage, carhopping service or drive-through service.
E.
Within a Business District (BD) Zone only, outside seating may be permitted as of right 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:
(1)
Outside seating shall be subject to the prior written approval of the Planning Department, which Department shall have the authority to require whatever information may be necessary to evaluate such a request and may charge a reasonable fee for this review.
(2)
Outside seating shall be permitted for the service of food and beverages 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.
(3)
Outdoor music shall be subject to the prior written approval of the Planning Department and Division of Fire Prevention, which departments may request additional information as they deem necessary to evaluate such request. A fee, according to the fee schedule, is required for this review. Outdoor music shall be further regulated as follows:
(a)
Outdoor music shall be permitted but shall be limited to acoustic live music or prerecorded music only; outdoor music shall be limited between the hours of 12:00 p.m. and 10:00 p.m.; and music shall be limited to a maximum of four hours of live music per day.
(b)
The Department of Planning and Development may require sound attenuation measures such as sound walls, fences, or additional landscaping to mitigate impacts to adjacent residential uses.
(c)
All outdoor music uses are required to secure an outdoor music permit from the Division of Fire Prevention. Additionally, if outdoor entertainment is broadcasted in a location classified as a place of public assembly under Chapter 19 of this Code, a public assembly permit must also be obtained.
(d)
Revocation of permit. The Chief Fire Marshal, or his or her designee, reserves the right to revoke any permit or license issued under the provisions of this chapter for a period to be determined by the Fire Marshal. Said revocation shall be after the licensee shall have an opportunity to be heard.
(e)
Penalties for offenses. The violation of any provision of this subsection shall be an offense which shall be punished by a fine of not less than $250 nor greater than $500.
(4)
Outside seating shall only be permitted to operate between the hours of 8:00 a.m. and 11:00 p.m.
(5)
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. If on-street parking is permitted adjacent to the sidewalk, then a minimum unobstructed sidewalk area of five feet shall be required.
F.
Within a Business District (BD), a walk-up counter or service window may be permitted as of right 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:
(1)
A walk-up counter or service window shall be subject to the prior written approval of the Planning Department, which Department shall have the authority to require whatever information may be necessary to evaluate such a request and may charge a reasonable fee for this review.
(2)
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.
(3)
Outdoor loudspeakers, exterior live entertainment or dancing of any kind shall not be permitted.
(4)
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.
(5)
A minimum unobstructed sidewalk area of at least eight feet shall be maintained in front of any walk-up counter or service window.
§ 68-259.1 Prohibited uses.
[Added 4-8-1997]
All uses not expressly permitted are prohibited.
§ 68-260 Height.
A.
Buildings and structures.
[Amended 11-1-1988; 12-17-2019]
(1)
In Business BD District, no building or structure shall be erected or altered to a height in excess of 37 feet or three stories.
[Amended 3-14-2023]
(2)
The Planning Department reserves the right to require additional architectural elements, such as cornices, parapets, pitched roofs and windows. The design and materials of all elements of the building shall be subject to Planning Division approval.
C.
Accessory buildings.
[Amended 11-1-1988; 4-5-2005]
(1)
Accessory structures shall not exceed 18 feet in height.
D.
Flagpoles shall not exceed 35 feet in height.
[Added 9-11-2001]
§ 68-261 Percentage of lot occupancy.
[Amended 11-1-1988]
A.
The total building area, including all buildings, shall not exceed an FAR of 0.60.
C.
The total building area, including all buildings, shall not exceed an FAR of 0.60 for other permitted buildings.
D.
The total building area, including all buildings, shall not exceed an FAR of 0.25 for a two-family dwelling.
§ 68-262 Area density.
[Amended 11-1-1988; 9-11-2001]
B.
(Reserved)
C.
The minimum required plot area for business uses shall be 7,500 square feet except as otherwise provided herein.
E.
The minimum required plot area for a community building, nonprofit fraternity or lodge, church or other similar place of worship, or parish house, funeral parlor/home, public school, private or parochial school, university or college dormitory, and community theater shall be 20,000 square feet.
[Amended 9-11-2001]
§ 68-262.1 Affordable housing.
[Added 5-14-2024]
A.
A minimum of 10% of all apartments located within a mixed-use building with five or more residential units shall be designated as affordable housing on site in accordance with Town standards.
§ 68-263 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 must be finished in accordance with the provisions of the New York State Building Code.
B.
For all other types of dwellings, the minimum living area shall be 500 square feet.
[Amended 9-15-2020]
C.
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.
§ 68-264 Width of lot.
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, parish house shall be 100 feet throughout.
[Amended 3-14-2023]
(6)
The minimum width of lot for all other permitted uses shall be 100 feet throughout.
B.
Separate ownership. A single-family dwelling may be erected on any lot which was separately owned at the time of the passage of the 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 ordinance.
§ 68-265 Front yard.
A.
Main building. All buildings, except one-family and two-family residences, hereafter erected shall have a minimum frontyard setback of one foot and a maximum frontyard setback of 25 feet from all streets, except as otherwise provided. (See § 68-265G.) In addition, in a BD District parking shall be prohibited from said front yard area unless modified by the Planning Board.
[Amended 4-8-1997; 4-21-1998; 5-28-2008]
B.
One-family and two-family dwellings. All residences hereafter erected in a BD District shall have a minimum front yard setback as follows:
(1)
One-family dwelling, 40 feet.
(2)
One-family dwellings upon a corner lot shall have a second front yard of 30 feet facing the side street.
(3)
One-family dwelling upon a through lot, 40 feet from each street.
(4)
Two-family dwellings, 25 feet.
(5)
Two-family dwellings upon a corner lot shall have a second front yard of 25 feet facing the side street.
(6)
Two-family dwelling upon a through lot, 25 feet from each street.
E.
Corner lots. All main buildings erected on a corner lot shall also have a front yard facing the side street. This front yard shall have at least a ten-foot setback, unless arterial highway setback is greater (see Article XXXII).
F.
Through lots. A minimum front yard setback of 10 feet shall be required on a through lot front yard, unless arterial highway setback is greater (see Article XXXII).
[Amended 5-14-2024]
G.
Front yard transition. Wherever any side yard of a plot in a BD 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 BD District shall be the minimum requirement for the front yard setback in the residence district.
§ 68-266 Side yards.
No side yards shall be required except as otherwise provided in the Building Code.
§ 68-267 Rear yard.
§ 68-268 Permitted encroachments.
[Amended 3-14-2023]
The following encroachments are hereby permitted:
A.
For mixed-use buildings, the following shall be permitted to exceed the maximum height permitted by five feet:
(1)
Gable or similar type roofs, elevator shafts, parapet walls and railings, mechanical equipment, including those used for renewable energy (must be properly screened pursuant to the satisfaction of the Commissioner of Planning or his/her designee), cupolas, steeples, chimneys, rooftop gardens or similar amenities, or other architectural features intended to provide superior architectural design.
§ 68-269 Exterior site improvements and parking.
[Amended 9-4-1973]
This district is specifically designed to encompass the so-called "downtown" areas of the Town of Islip. These areas do not have adequate parking, and in each "downtown" section the Town has endeavored to purchase land and provide parking itself. Therefore, the following guidelines are to be followed:
A.
Parking. Any new building or change of use to a use requiring more parking shall be required to provide parking on site pursuant to the Table of Minimum Required Parking Spaces, which is located in Town of Islip Subdivision and Land Development Regulations (https://www.islipny.gov/community-and-services/documents/planningdevelopment/engineering/303-town-of-islip-subdivision-and-land-develppmentregulations/file), except as provided herein. Where there is more than one use, the minimum requirements shall be cumulative for all uses. If requesting a parking relaxation, applicant shall submit a parking management plan to demonstrate that the parking arrangement will satisfy the purposes of the parking requirements, resulting in approvals if demonstrated to the satisfaction of the Planning Board. An applicant may demonstrate alternative methods of providing parking, including, but not limited to, off-street parking requirements on another site, within walking distance, upon review and approval of the Planning Board, pursuant to agreements in place. Should a parking management plan fail to adequately address a parking shortfall, the Planning Board may relax the minimum number of required parking spaces provided a mitigation fee as per the Town's fee schedule is paid.
[Amended 3-14-2023; 12-17-2024]
B.
Parking within the front yard area shall be prohibited. All parking shall be located to the rear or side of the building pursuant to the direction of the Planning Board.
[Added 4-8-1997][1]
[1]
Editor's Note: A former Subsection B, which provided guidelines for off-street parking and self-contained drainage for new residences and multiple dwellings, was repealed 5-7-1985.
C.
If a new building is constructed, if an existing building is altered or expanded so as to increase its total floor area or if the use of a building is changed to one which generates a need for more parking spaces than required by the previous use, then parking facilities must comply with Article XXXI of Chapter 68 and the Subdivision and Land Development Regulations.
[Amended 5-7-1985; 8-19-1986; 4-5-2005]
E.
Sidewalks. Sidewalks shall be installed along all street frontages in accordance with Article XXXI.
F.
Screen planting. In the Business District only, and only when adjoining the "Main Street" thoroughfare, a buffer of at least 10 feet shall be provided and maintained adjacent to any residential use of zone, subject to the following:
[Amended 4-8-1997; 12-17-2024]
(1)
The buffer area shall consist of a mix of evergreens (minimum six feet in height at time of planting) and deciduous trees (minimum of 2 1/2 inch caliper at time of installation) installed at the direction of the Commissioner of Planning or their designee;
(2)
An eight-foot decorative solid buffer fence, the design of which shall be approved by the Commissioner of Planning or their designee;
(3)
An offer of additional plantings is required on the adjacent residential property impacted by the reduced buffer. These plantings shall consist of evergreen or deciduous trees, or combination of both, pursuant to the direction of the Planning Commissioner or their designee. This requirement may be waived pursuant to an affidavit signed by the adjoining property owner declining such plantings.
(4)
A standard twenty-five-foot buffer shall be provided if the above reduced buffer is not proposed.
G.
Buildings. Windows of occupied or unoccupied buildings shall not be removed nor shall such windows be boarded up for a period exceeding 10 working days without the approval of the Commissioner of the Department of Planning and Development. Such approval may be granted by the Commissioner in those circumstances where the building is under construction or reconstruction, has been damaged by fire or when the owner or occupant, for reasons beyond his control, is unable to obtain replacement materials.
[Added 2-5-1985; amended 3-14-2023]
H.
Except as provided herein, all improvements required pursuant to the Islip Town Code and Subdivision and Land Development Regulations shall be maintained.
[Added 4-8-1997]
§ 68-270 Architecture.
[Amended 9-15-2020]
Prior to the submission of any new construction building permit applications, representative exterior architectural drawings shall be approved by the Planning Division. The Planning Division shall review the plans for overall building design, materials, colors, screening and other architectural consideration. A denial of architectural approval by the Planning Division may be appealed to the Planning Board.
A.
Building materials. All new buildings should preserve or improve the neighborhood character achieved through the integration of form, style, and the use of materials. Exterior walls shall be designed and constructed using quality building materials appropriately applied to create aesthetically pleasing and enduring structures that contribute positively to the overall character of the area. Building materials shall be of high quality and shall be utilized in a manner appropriate to their properties, where heaviest appearing materials are kept at the base. The use of EIFS and decorative concrete block shall be limited.
[Amended 3-14-2023]
C.
Building façade and design. Building facades that face the street or have a prominent exposure to other public areas shall include design measures that increase the building's aesthetic appeal to enhance and reinforce existing design qualities found in the neighborhood. Such measures shall include:
[Amended 3-14-2023]
(1)
All buildings should provide at least two horizontal expression lines appropriate for the scale of the building to differentiate between the base, middle or top of buildings and emphasize a massing transition or change of use, articulated through the use of material, moldings shading devices, changes of material, changes of color, cornices, and other similar architectural elements.
(2)
Facade elements, including visual structural elements, openings, and details should utilize a coherent system of vertical proportions achieved by, and not limited to, changes in material, color, recessed sections, different cornice height or different roof condition.
(3)
Articulation of the building facade by incorporating elements such as porches, terraces, bay windows, dormers, pilasters, or building setbacks.
(4)
Architectural details (such as brackets, banding, railings, chimneys, entry columns, or window shutters) shall be designed to incorporate compatibility with the architectural qualities of prominent buildings in the neighborhood.
(5)
Buildings shall have a first level facade of the primary street frontage that is transparent (glass) between three feet and eight feet above the ground for at least 70% of the horizontal length of the building facade.
(6)
There shall be at least one commercial door entrance for every 75 feet of street frontage.
(7)
50% of the ground level structured parking on primary street frontage shall have at least 10 feet of building space as a lining use.
D.
Screening. Rooftop equipment, mechanical equipment, structured parking, dumpsters, loading areas, etc., shall be screened consistent with the building style or, for ground-level features, with fencing and/or landscaping.
[Amended 3-14-2023]
E.
Signage. Signage within the Business District is not subject to the uniform design requirements as outlined in § 68-397B(6)(a); however, all signage is subject to the review and approval of the Planning Division in terms of design compatibility, color, materials, height, and size. All other requirements as outlined in § 68-397B(6) shall apply.
F.
Mixed-use buildings. All mixed-use buildings shall:
[Added 3-14-2023]
(1)
Have a minimum of 12 feet floor-to-floor for the first floor of commercial uses and a minimum of eight feet for upper floors.
(2)
Differentiate between the base, middle or top of the building, and emphasize a transition of a change of use.
(3)
Provide a residential lobby for buildings with four or more apartments, in a location that is convenient to its residents.
§ 68-270.1 Severability.
[Added 4-8-2025]
The provisions of this article are declared to be severable, and if any section, sentence, clause or phrase of this article shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining section, sentences, clauses and phrases of this article, but they shall remain in effect, it being the legislative intent that this article shall stand notwithstanding the invalidity of any part.