Islip City Zoning Code
ARTICLE XXII
Use District Regulations: Business 3 District
§ 68-301 Legislative intent.
[Amended 7-3-1973[1]; 12-18-1979; 1-20-1987; 3-19-1991; 4-8-1997; 4-21-1998; 3-23-1999; 4-5-2005; 8-14-2007; 5-28-2008; 6-8-2010; 12-17-2019; 7-20-2021; 7-12-2022]
These provisions are intended to provide for appropriate minimum requirements for large-scale retail and automobile-dependent uses, including, but not limited to, retail fuel stations, motor vehicle dealerships, and fast-food restaurants. Said properties shall be large enough to accommodate any proposed outdoor storage, outside retail sales, and vehicle queuing as necessary along with other minimum site requirements. Sites are most appropriately located on arterial highways, at signalized intersections, and reasonably located away from single-family dwellings and schools.
[1]
Editor's Note: This amendment is to take effect and be in force on and after 7-21-1973.
§ 68-301.1 Permitted uses.
[Added 8-14-2007; amended 7-12-2022]
In a Business 3 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:
A.
Museum.
C.
Store, office, medical office, delicatessen, bank, broadcasting studio, and community building.
[Amended 3-14-2023]
D.
The operation of any retail business will be permitted which is allowed in Business 1 and Business 2 Districts, except as otherwise provided herein.
E.
Child or adult day-care center.
[Amended 5-14-2024]
F.
Personal service establishments, including, but not limited to, barbershop, beauty parlor, shoe repair shop.
G.
Craft trade shop.
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 width in accordance with Town standards is provided and 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.
K.
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.
L.
Health club.
M.
Veterinarian, provided that a minimum setback of 50 feet is maintained for any outside activity and that buffers and fencing are maintained in accordance with Town standards.
N.
Public school.
O.
Private or parochial school, including 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.
P.
Restaurant, minor.
Q.
Municipal building or use.
R.
Laundromat.
[Added 3-14-2023]
§ 68-302 Uses permitted by special permit from Town Board after public hearing.
A.
Outdoor storage of primary goods accessory to a permitted retail use. The outdoor and overnight parking of vehicles, including construction equipment, shall not be permitted in conjunction with this special permit. Outdoor storage shall be screened from public view of any right-of-way at the direction of the Town Board.
[Amended 6-8-2010; 3-14-2023]
I.
Regional theater, subject to a determination by the Planning Board and Town Board that the site is in conformance with the following minimum site conditions:[8]
[Added 12-12-2006]
(1)
The site maintains a minimum lot area of 25 acres.
(2)
The theater use shall be a component of a mixed-use development consisting of retail, food service and/or public assembly uses.
(3)
A site plan indicating public amenities such as plazas, open space, arcades, walkways, fountains and/or similar features is submitted to and approved by the Planning Board.
[8]
Editor's Note: Former Subsection I, Lithographic establishment, was repealed 9-12-2000.
J.
Public transportation terminal facility, including airports.
K.
Lumberyard or building materials establishment.
S.
Farmers' market, provided that the following minimum requirements are complied with:[16]
[Added 12-12-2006]
(1)
A lot area of not less than 15 acres shall be provided.
(2)
No vending or selling of produce, merchandise, wares, foods or other materials shall be permitted outside any building or structure used or intended to be used as farmers' market without specific approval of the Town Board.
(3)
Adequate off-street parking shall be provided on a suitably paved area for such use, in a ratio of not less than four square feet of parking space for each one square foot of usable floor area.
(4)
No structure shall be erected or used for the operation of any farmers' market unless it shall conform in all respects with the Building Code of the Town of Islip.
(5)
The use of a public address system or systems for the purpose of vending any produce, wares or other materials is hereby forbidden.
[16]
Editor's Note: Former Subsection S, listing convenience market, added 9-16-1986, was repealed 4-8-1997.
T.
Psychiatric clinics or similar health-related facilities, excluding overnight residential treatment facilities.
[Added 4-8-1997]
§ 68-302.1 Uses permitted by special permit from Planning Board after public hearing.
[Added 11-14-1995; amended 4-8-1997; 4-21-1998; 3-23-1999; 9-12-2000]
A.
[1] Vehicle fleet parking field for registered vehicles, including but not limited to ambulettes, buses, livery vehicles, and taxis. Tractor trailers, box trucks, pickup trucks, construction vehicles, ice cream/food trucks are expressly prohibited. The use of the parking field shall be for active vehicles and shall not be used for vehicle storage. At no time shall any vehicle be parked in such a position as to obstruct the free ingress and egress of vehicles. All such vehicle parking fields shall be completely screened from view with fencing, landscaping, and berms at the direction of the Planning Board.
[Added 7-20-2021]
[1]
Editor's Note: Former Subsection A, regarding minor restaurants, was repealed 9-15-2020.
B.
Billiard hall.
C.
Vehicle repair shop, except as otherwise provided herein.
D.
Convenience market, subject to the lot having a minimum of 20,000 square feet.
[Amended 6-8-2010]
E.
Outside seating as an accessory use to a permitted bar, tavern, nightclub, provided the site otherwise complies with all applicable Code requirements and subject to the following requirements:
[Amended 9-11-2001; 5-14-2024]
(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.
F.
Game room.
G.
Private or parochial college or university excluding dormitories and other college or university residential uses.
H.
Restaurant.
I.
Assembly and social recreation hall or dance hall.
J.
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:
[Added 9-11-2001]
(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.
K.
Taxi office.
[Added 1-14-2003]
L.
Any single-user freestanding retail use in excess of 10,000 square feet of gross floor area.
[Added 4-5-2005]
M.
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.
[Added 4-5-2005; amended 12-12-2006; 5-28-2008; 6-8-2010]
O.
Outdoor recreation use, including mini-golf, court games, and field sports. Outdoor batting cages and go-kart uses are not allowed as part of this special permit.
[Added 12-2-2008]
Q.
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.
[Added 6-8-2010]
R.
Indoor recreational use.
[Added 6-8-2010]
U.
Ambulette office, including the outside storage of ambulette vans, provided that the following criteria are met:
[Added 10-13-2010]
(1)
Ambulette van(s) shall not exceed 9,000 pounds in unladen weight or exceed 19 feet in length.
(2)
No ambulette vans are located within any front yard or second front yard unless hidden or screened from view from any adjoining residential zone or use or from any adjacent right-of-way at the direction of the Planning Board.
(3)
The number of parked ambulette vans and area for their parking are clearly shown on, and limited by, an approved site plan. The Planning Board shall determine the maximum number of permitted ambulette vans on a property. At no time may the number of parked ambulette vans exceed the number permitted by the Planning Board. Ambulette van parking stalls shall not count towards the overall parking calculation for the entire property.
(4)
All ambulette vans shall have a current registration and inspection from the New York State Department of Motor Vehicles, shall be licensed by the New York State Department of Transportation and shall be fully operational.
(5)
Repair, other than routine maintenance, of any ambulette van shall be prohibited, unless a special permit is obtained by the Planning Board.
V.
Bar, tavern, or nightclub.
[Added 10-25-2011]
W.
Car wash (motor vehicle wash).
[Added 12-17-2019]
X.
Smoke/vape shop, provided the use is located at least 500 feet from any residential use or zone, school, park, playground, or house of worship.
[Added 5-14-2024]
Y.
Smoke/vape lounge, provided the use is located at least 500 feet from any residential use or zone, school, park, playground, or house of worship.
[Added 5-14-2024]
§ 68-302.2 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 without complying with the notice requirements of § 68-32, subject to compliance with the following criteria:
[Amended 12-17-2019]
(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.
B.
Uses.
(2)
Vehicle repair shop.
(3)
Outside seating as an accessory use to a permitted bar, tavern, nightclub, restaurant or minor restaurant use, provided the site otherwise complies with the provisions of Subsection A of this section and subject to the requirements set forth in § 68-302.1E of this article.
[Amended 9-11-2001; 4-5-2005]
§ 68-303 (Reserved) [1]
[1]
Editor's Note: Former § 68-303, Uses permitted in B3 District only, and in no other business or industrial district, by special permit from Town Board after public hearing, as amended, was repealed 12-12-2006.
§ 68-304 Uses permitted as special exception by Board of Appeals after public hearing.
[Amended 4-8-1997; 4-21-1998; 12-12-2006]
A.
Gambling vessel.
§ 68-305 Accessory uses.
[Amended 8-19-1980; 5-28-2008; 6-19-2012; 2-28-2017; 12-17-2019; 3-14-2023; 5-14-2024; 4-8-2025]
A.
The following accessory uses shall be permitted when located on the same lot with the authorized use:
(2)
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.
(3)
A single live-work unit as an accessory use to a permitted marina.
(4)
Spray booth when operated as an accessory to a primary permitted use, provided the booth has received a permit from the New York State Department of Environmental Conservation or evidence is submitted demonstrating exemption for said permit.
(5)
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.
(6)
The sale and filling of propane exchange tanks.
(7)
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 10:00 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.
§ 68-305.1 Prohibited uses.
[Added 4-9-1997]
All uses not expressly permitted are prohibited.
§ 68-306 Height.
§ 68-307 Percentage of lot occupancy.
§ 68-308 Area density.
C.
The minimum required plot area for business uses, shall be 20,000 square feet except as otherwise provided herein.
[Amended 11-1-1988; 9-11-2001; 12-17-2019]
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, public transportation terminal facility, psychiatric clinics or similar health-related facilities, animal care center, and private or parochial college or university shall be 20,000 square feet.
[Amended 9-11-2001; 7-20-2021]
F.
The minimum required plot area for a car wash (motor vehicle wash), or fast-food restaurant shall be 40,000 square feet.
[Added 4-8-1997; amended 12-17-2019]
G.
The minimum required plot area for a vehicle repair shop shall be 20,000 square feet.
[Added 4-8-1997]
H.
The minimum required plot area for a regional theater shall be 25 acres.
[Added 4-8-1997]
I.
The minimum required plot area for a marina shall be 80,000 square feet.
[Added 9-11-2001]
J.
The minimum required plot area for a lumberyard or building materials establishment shall be 40,000 square feet.
[Added 9-11-2001]
K.
The minimum required plot area for a motor vehicle dealership shall be 160,000 square feet.
[Added 12-17-2019]
§ 68-309 Living area.
[Amended 4-5-2005]
The minimum living area requirements shall be the same as those required in the Business District.
§ 68-310 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 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.
§ 68-311 Front yard.
B.
Corner lots. All main buildings hereafter erected on a corner lot shall 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).
D.
Other permitted buildings. Buildings permitted in a B3 District shall have a minimum front yard setback of 25 feet from all streets, unless arterial highway setback is greater (see Article XXXII).
E.
Accessory buildings. Accessory buildings in a B3 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 B3 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 B3 District shall be the minimum requirement for the front yard setback in the residence district.
§ 68-312 Side yards.
A.
All main and accessory 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.
[Amended 2-28-2017]
B.
Side yard transition. Wherever any side yard of a plot in a Business 3 District abuts a plot or plots in one or more use districts other than B3, then the minimum required side yard for all buildings in a B3 District shall be the more restrictive side yard so abutted.
§ 68-313 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 B3 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 B3 District shall be 35 feet.
[Amended 7-20-2021]
§ 68-314 Permitted encroachments.
No encroachments shall be permitted.
§ 68-315 Exterior site improvements and parking.
[Amended 4-8-1997; 8-12-2003; 4-8-2025]
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.
C.
A minimum buffer area of 35 feet in width in accordance with Town standards and an eight-foot-tall sound attenuation wall or fence shall be provided and maintained adjacent to any residential zone or use except as modified or waived by the Planning Board after a public hearing.
§ 68-316 Fences.
(See Article XXX.)
§ 68-316.1 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.