Islip City Zoning Code
ARTICLE XXI
Use District Regulations: Business 2 District
§ 68-286 Permitted uses.
[Amended 6-5-1973; 7-3-1973; 12-18-1979; 11-17-1992; 4-8-1997]
In a Business 2 District, no building, structure or premises shall be used or occupied and no building or part thereof or any other structure shall be so erected or altered, except for one or more of the following purposes:
A.
Museum.
[Amended 6-8-2010]
B.
Laundromat.
[Added 3-14-2023]
C.
Store, office, medical offices, delicatessen, bank, broadcasting studio, and community building.
[Amended 7-20-2021; 3-14-2023]
D.
Collateral loan broker.
[Added 6-23-2009]
E.
Personal service establishments, including but not limited to barbershop, beauty parlor, shoe repair shop.
F.
Retail dry-cleaning establishment using New York Board of Fire Underwriters' Class I liquids.
H.
Nonprofit fraternity or lodge.
I.
Historical or memorial monument.
J.
Church or other similar place of 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.
L.
Automobile parking field, provided that a site plan is submitted to and approved by the Planning Board or its designee indicating compliance with all Town standards.
M.
Health club.
N.
Veterinarian, provided that all activities take place within the building.
O.
Child or adult day-care center.
[Amended 5-14-2024]
P.
Public school.
[Added 3-23-1999]
Q.
Private or parochial school, including preschool programs, elementary and secondary 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]
§ 68-286.1 Uses permitted with administrative approval of Town Clerk.
[Added 8-14-2007]
Uses permitted with administrative approval of the Town Clerk shall be as follows:
A.
By permit issued administratively by the Town Clerk, the outdoor sale and/or display of any variety of tree(s), bush(es) and/or plant(s) used as a symbol of expressing holiday and/or religiously significant season, including, but not limited to, Christmas trees, wreaths and/or other holiday and/ or religiously significant plants or decorations, subject to the provisions set forth in § 68-271.1.
§ 68-287 Uses permitted by special permit from Town Board after public hearing.
§ 68-287.1 Uses permitted by special permit from Planning Board after public hearing.
[Added 11-14-1995; amended 4-8-1997; 6-12-2007; 3-23-1999; 9-12-2000; 9-11-2001; 5-20-2003; 4-5-2005; 5-28-2008; 6-8-2010; 10-25-2011; 12-17-2019; 5-14-2024; 4-8-2025]
A.
Minor restaurant, except as otherwise provided herein.
B.
Assembly and social recreation hall.
C.
(Reserved)
D.
Convenience market, subject to providing the following:
E.
Private or parochial college or university excluding dormitories and other college or university residential uses.
F.
Restaurant.
G.
A walk-up counter or service window 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 permitted for food purposes only. Service of alcoholic beverages from a walk-up counter or service window shall not be permitted.
(2)
Outdoor loudspeakers, exterior live entertainment or dancing of any kind shall not be permitted.
(3)
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.
(4)
A minimum unobstructed sidewalk area of at least eight feet shall be maintained in front of any walk-up counter or service window.
H.
Taxi office.
I.
Any single-user freestanding retail use in excess of 10,000 square feet of gross floor area.
J.
A drive-through window for a bank, as an accessory to said use, subject to the lot having a minimum of 35,000 square feet.
K.
Outside display, except as otherwise provided herein.
L.
(Reserved)
M.
A drive-through window for a pharmacy facility, as an accessory to said use, subject to the lot having a minimum of 35,000 square feet.
N.
(Reserved)
O.
(Reserved)
P.
Bar, tavern, or nightclub.
§ 68-287.2 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.
§ 68-288 Uses permitted as special exception by Board of Appeals after public hearing.
§ 68-289 Accessory uses.
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 center.
(5)
Other customary accessory uses, structures and building, provided that such uses are clearly incidental to the principal use and do not include any activity commonly conducted as a business.
(6)
Minor restaurant accessory to a retail use of no less than 25,000 square feet in gross floor area, subject to the conditions in § 68-274.
(7)
Sale of propane exchange tanks, stored in a single open-caged structure.
(8)
Outside seating may be permitted 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:
(a)
Outside seating shall be subject to the approval of the Planning Board, which shall have the authority to require information which may be necessary to evaluate such a request.
(b)
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.
(c)
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:
[1]
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 10:00s p.m.; and music shall be limited to a maximum of four hours of live music per day.
[2]
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.
[3]
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.
[4]
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.
[5]
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.
(d)
Outside seating shall only be permitted to operate between the hours of 8:00 a.m. and 11:00 p.m.
(e)
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)
Should substantiated complaints be received by the Department of Planning and Development, the Planning Board shall reserve the right to hold a public hearing to rescind the outdoor seating approval.
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.
[1]
Editor's Note: This ordinance also provided that it shall be effective 1-3-1982.
§ 68-289.1 Prohibited uses.
[Added 4-8-1997]
All uses not expressly permitted are prohibited.
§ 68-290 Height.
B.
Dwellings.
[Amended 11-1-1988; 4-5-2005]
(1)
The height regulations for detached dwellings shall be the same as those in the Residence AAA District.
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]
§ 68-291 Percentage of lot occupancy.
A.
The total building area, including all buildings, shall not exceed an FAR of 0.30.
[Amended 11-1-1988]
B.
The total building area, including all buildings, shall not exceed an FAR of 0.25 for a single-family dwelling.
[Amended 11-1-1988]
C.
The total building area, including all buildings, shall not exceed an FAR of 0.30 for other permitted buildings.
[Amended 11-1-1988]
D.
The total building area, including all buildings, shall not exceed an FAR of 0.25 for a two-family dwelling.
[Amended 11-1-1988]
E.
Accessory buildings shall not occupy more than 25% of the total lot area nor more than 25% of the total rear yard area.
§ 68-292 Area density.
A.
The minimum required plot area for a single-family detached dwelling or a two-family detached dwelling shall be 20,000 square feet.
[Amended 8-5-2014]
B.
The minimum required plot area for business uses shall be 7,500 square feet, except as otherwise provided herein.
[Amended 4-8-1997; 8-5-2014]
C.
The minimum required plot area for a convenience market shall be 20,000 square feet.
[Amended 11-1-1988; 9-11-2001; 8-5-2014]
E.
The minimum required plot area for nonprofit fraternity or lodge, church or other similar place of worship or parish house, public school, private or parochial school, university or college dormitory, and psychiatric clinics, drug treatment centers or similar health-related facilities shall be 20,000 square feet.
[Amended 9-11-2001]
§ 68-293 Living area.
[Amended 4-5-2005]
The minimum living area requirements shall be the same as those required in the Business District.
§ 68-294 Width of lot.
A.
Minimum requirements.
(1)
The minimum width of lot for a single-family detached dwelling, or a two-family detached dwelling, shall be 100 feet throughout.
[Amended 9-19-2017]
(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 or parish house shall be 100 feet throughout.
[Amended 4-8-1997]
(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 the 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.
§ 68-295 Front yard.
B.
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 except as otherwise provided herein, unless arterial highway setback is greater (see Article XXXII).
C.
One-family and two-family dwellings. All residences hereafter erected in a B2 District shall have a minimum front yard setback as follows, unless arterial highway setback is greater (see Article XXXII):
(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 dwellings upon a through lot, 25 feet from each street.
E.
Accessory buildings. Accessory buildings in a B2 District shall have a minimum setback of 35 feet from all streets, unless arterial highway setback is greater (see Article XXXII).
F.
Front yard transition. Wherever any side yard of a plot in a B2 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 B2 District shall be the minimum requirement for the front yard setback in the residence district.
§ 68-296 Side yards.
A.
All main buildings hereafter erected shall have a side yard along each lot line other than a street or a rear line. Side yards shall be 10 feet, except where a greater side yard shall be required to accomplish side yard transition.
B.
Side yard transitions. Wherever any side yard of a plot in a Business 2 District abuts a plot or plots in one or more use districts other than B2, then the minimum required side yard for all buildings in a B2 District shall be the more restrictive side yard so abutted.
§ 68-297 Rear yard.
A.
Main buildings. All main buildings hereafter erected shall have a minimum rear yard of not less than 10 feet, except where a greater depth shall be required to accomplish rear yard transition.
B.
Rear yard transition. Whenever any rear yard of a plot in a B2 District abuts a plot or plots in one or more residence use districts, the minimum required rear yard of all main or accessory buildings in a B2 District shall be 15 feet.
§ 68-298 Permitted encroachments.
No encroachments shall be permitted.
§ 68-299 Exterior site improvements and parking.
[Amended 4-8-1997]
A.
Parking, curbing, sidewalks, drainage, screen planting, buffers, street trees, dumpster enclosures, lighting, public improvements and all other applicable requirements of the Town Code and the Subdivision and Land Development Regulations shall be maintained unless otherwise modified or waived by the Planning Board or Town Board.
B.
The exterior site improvements and improvement of property shall be regulated under Article XXXI of this ordinance.
[Amended 8-12-2003]
C.
A minimum buffer area of 25 feet in accordance with Town standards shall be maintained adjacent to any residential zone or use.
§ 68-300 Fences.
(See Article XXX.)
§ 68-300.1 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.