Islip City Zoning Code

ARTICLE LI

Use District Regulations: Great River Planned Development District

§ 68-669 Legislative intent.

The intent of this district is to encourage superior mixed-use development in accordance with a concept plan for the Great River Planned Development District (hereinafter the "concept plan"), approved by the Town Board, which shall specify the location of land uses and the ultimate scale and density of development. Development in this district shall be in accordance with the approved concept plan, which shall contain specific guidelines in terms of height, architecture, landscaping, streetscape, traffic mitigation and drainage.

To the extent that this article is inconsistent with Town Law § 267, Subdivision 2, 280a, Subdivision 4, and 274-a, and the Islip Town Code § 68-415 or Chapter 47B, Local Law No. 4 of 1974, it shall supersede such provisions.

§ 68-670 Designation of subdistricts.

The following subdistricts shall be spatially defined on the concept plan and shall be so designated on the Official Map of the Town of Islip:

Office-Industrial	(PDD-GR:OI)
Residential	(PDD GR:RES)

Office and industrial.

Permitted uses.

Office buildings.

Laboratories for scientific and industrial research, testing and development.

Manufacturing and assembly, with all activities entirely contained within enclosed buildings, excluding any use prohibited in an Industrial 2 District.

Medical centers and dental clinics, excluding psychiatric or drug treatment clinics.

Child day-care centers.

Health clubs.

[Added 2-28-2017]

Public, private or parochial school, including preschool programs, elementary, secondary schools, colleges and universities, 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 9-15-2020 by L.L. No. 2-2020]

Uses permitted by special permit from Town Board after public hearing.

Public utilities where no repair or storage facilities are maintained.

Facilities for cogeneration of electricity and/or steam as a principal use.

Permitted accessory uses. The following uses shall be permitted within a building:

Power plants or facilities for the cogeneration of electricity and/or steam.

Signs as permitted in Article XXIX as approved by the Planning Board.

Cafeteria and other restaurant uses, provided they are located within a permitted building.

Banks provided they are located within a permitted building.

Drug stores or pharmacies, provided they are located within a permitted building.

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.

Parking structures, subject to Planning Board approval.

Height.

No structure shall be erected to a height in excess of 35 feet.

Exceptions. Permitted buildings may be erected to a height of 60 feet, provided that any portion of any building in excess of 35 feet is set back one additional foot for each one foot of additional height beyond the required setbacks from public streets, planned public streets or district boundary lines.

Percentage of lot occupancy.

The total lot occupancy of any building on a lot in this subdistrict shall not exceed 35%.

The total floor area ratio of all buildings on any lot in this subdistrict shall not exceed 0.35.

The Planning Board may modify the lot area and FAR for individual sites, provided that the aggregate lot area and FAR for the entire subdistrict do not exceed the limits set forth in Subsection A(5)(a) and (b) of this section, and provided that such modifications are consistent with the concept plan.

Lot area.

All lots have a minimum lot area of one acre.

The location of all lots within this subdistrict shall be consistent with the concept plan and approved by the Planning Board.

The requirements set forth above may be modified by the Planning Board by up to 25%, provided that such modifications are consistent with the concept plan and reasonably necessary to permit appropriate development in the PDD.

Width of lot.

The minimum width of lot shall be 150 feet.

The Planning Board may reduce or modify the width of the lot up to 25% for all lots, provided that the same is consistent with the concept plan and reasonably necessary permit appropriate development in this subdistrict.

Setbacks.

Front yard setbacks from Sunrise Highway shall be 125 feet, the entire extent of which shall be landscaped, except for driveways, parking areas and sidewalks.

A setback of 25 feet shall be maintained along all common boundary lines with adjacent parcels to the east of the PDD.

Rear yard setbacks shall be a minimum of 25 feet.

All buildings shall have a minimum twenty-five-foot setback from Wheeler Road.

All buildings located adjacent to the western lot line abutting single-family residentially zoned property shall have a minimum setback of 125 feet from said lot line.

A minimum distance of 15 feet shall be provided between adjoining unconnected buildings or as approved by the Planning Board and consistent with the concept plan.

The Planning Board may reduce or modify the setback requirements by up to 25%, provided that the same is consistent with the concept plan and reasonably necessary to permit appropriate development in this subdistrict.

Residential.

Permitted uses.

Multiple-family dwellings (MF): attached one- and-two-family and multiple townhouse or condominium-type dwelling units maintained by associations of owners approved by the Attorney General of the State of New York or apartments. Some of said units may be especially designed for senior citizens and their immediate families or caregivers. A "senior citizen" is defined as a person 55 years of age or older. The senior citizen's immediate family is limited to the senior citizen's spouse, children and grandchildren 19 years of age or older and caregivers.

Congregate care facilities, assisted living facilities, or nursing homes.

[Amended 2-28-2017]

Athletic fields.

Fire substations.

Accessory uses. The following uses shall be permitted within the subdistrict but must be clearly incidental to the principal use:

Recreation uses, including but not limited to community buildings, swimming pools, tennis courts and similar facilities.

Maintenance buildings.

Signs as permitted in Article XXIX and as approved by the Planning Board.

Other customary accessory uses.

Density. The maximum density shall not exceed 360 residential units.

[Amended 7-25-2017]

Height. No structure shall be erected to a height in excess of three stories.

Floor area ratio and percentage of lot occupancy shall be calculated based upon the area of the subject property prior to any dedications and noninclusive of the fire substation.

The percentage of lot occupancy for all structures shall not exceed 25%, and combined floor area ratio for all structures in this subdistrict shall not exceed 0.40.

The percentage of lot occupancy for residential structures shall not exceed 20%, and floor area ratio shall not exceed 0.35.

[Amended 9-19-2017]

Subdivision of property. Authorization is granted to the Planning Board to approve subdivisions of property in this district pursuant to a cluster plan. Said cluster shall be in conformance with the provisions of the Town of Islip Subdivision and Land Development Regulations as modified by the Planning Board.

Setbacks.

All buildings located in the subdistrict shall have the following setbacks:

A minimum of 40 feet on the north side of the property.

A minimum of 125 feet on the west side of the property, except that a fire substation may encroach on the buffer area in accordance with an approved site plan.

A minimum of 30 feet on the south side of the property.

A minimum of 30 feet on the east side of the property.

A minimum of 15 feet from private roads.

The Planning Board may modify or reduce the setback requirements of Subsection B(7)(a) above up to 25%, provided that the same is consistent with the concept plan and reasonably necessary to permit appropriate development in this subdistrict.

§ 68-671 Architecture.

Prior to the issuance of any building permits or the commencement of the construction of any building or exterior building renovations, representative exterior architectural drawings shall be submitted to the Planning Commissioner. The Planning Commissioner shall review the plans for architectural consistency with the concept plan in terms of overall building design, materials, colors, encroachments and other architectural considerations. No building permit shall be issued until written architectural approval has been granted by the Planning Commissioner. A denial of architectural approval by the Commissioner of Planning may be appealed to the Planning Board within 30 days.

§ 68-672 Parking.

A minimum of 2.2 parking stalls per residential unit shall be provided. Driveway spaces and on-street parking may count towards this requirement. Garage space shall not be counted towards this requirement.

Parking for office uses shall be provided at a ratio of 3.5 stalls per 1,000 square feet of gross floor area.

Parking for all other uses shall be provided pursuant to the requirements of the Town of Islip Subdivision and Land Development Regulations as modified by the Commissioner of Planning.

§ 68-673 Landscaping.

All landscaping shall be in conformance with the recommendations of the concept plan and the Town of Islip Subdivision and Land Development Regulations. Prior to the issuance of any building permit for a new building, a landscape plan for each subdivision or site plan shall be subject to the approval of the Planning Division. The Planning Board shall have the power to modify landscaping, provided such modifications are consistent with the concept plan.

§ 68-674 Buffers and screening.

All properties located within the Office-Industrial Subdistrict shall be buffered from adjacent residentially used property, except that no buffer shall be required for any adjacent parcel that is located east of the PDD. The buffer shall be a minimum of 125 feet in width along the western boundary line of the Office-Industrial Subdistrict and 25 feet in width along the southern property line of the Office-Industrial Subdistrict.

Buffers shall be constructed pursuant to the Islip Subdivision and Land Development Regulations with such additional planting as may be determined by the Planning Division and a six-foot chain link fence with stockade attached along residentially used property lines. Said fencing may be waived by the Planning Commissioner if the installation of such fencing would adversely alter naturally wooded areas.

The location of new loading and unloading areas shall be subject to the review of the Planning Division. There shall be no loading docks or new truck loading areas within 25 feet of a buffer area, except by approval from the Planning Board upon a finding of practical difficulty or hardship that precludes said loading area from being located in another area of the site and with such other mitigating measures as may be determined by the Planning Board. Nothing contained herein shall operate to prohibit utility deliveries to any existing buildings.

Doors located adjacent to a buffer area shall be designed and constructed solely for pedestrian use, except by approval from the Planning Board upon a finding of practical difficulty or hardship that precludes said door from being located in another area of the site and with such other mitigating measures as may be determined by the Planning Board.

Exterior public address systems or loudspeakers shall be prohibited within the Office-Industrial Subdistrict.

§ 68-675 Exterior lighting.

All lighting shall be positioned or shielded to illuminate the subject parcel only.

All lighting adjacent to a buffer zone shall be positioned in such a manner as to minimize glare on adjoining properties.

§ 68-676 Permitted encroachments.

The following encroachments are hereby permitted:

Cornices, eaves, gutters, chimneys or bay windows projecting not more than 48 inches.

One-story open porches and terraces not exceeding five feet in height and projecting not more than 10 feet.

One-story enclosed vestibules not greater than 12 feet wide.

Guard booths, flagpoles, identification signs, sculptures, seatings, bus shelters or gazebos.

Shielded mechanical systems.

Antennas as part of a permitted use, subject to the approval of the Planning Board.

All encroachments existing on the date of the adoption of this article.

§ 68-677 Public hearing notification.

All uses regulated by special permit from the Planning Board after a public hearing shall provide the following form of notification:

Advertisement of public notice in the official newspaper of the Town of Islip at least 10 days prior to the public hearing.

Posting of public notice signs every 200 feet on that portion of any public or private road contiguous to the subject parcel at least 10 days prior to the public hearing.

§ 68-678 Amendment to concept plan.

The Planning Board may amend the road layouts and location of any structures or other improvements in all subdistricts of the concept plan without a public hearing, provided that the same is reasonably consistent with the concept plan and reasonably necessary to permit appropriate development.

This PDD Ordinance may be amended by the Town Board after a public hearing and upon a report of the Planning Board or the Commissioner of Planning. For the purposes of this subsection, notice of such public hearing shall be published at least once in the official Town newspaper no fewer than 10 days prior to the public hearing.

§ 68-679 Determination by Planning Board.

Except as otherwise provided herein, all matters referred to the Planning Board in this Article LI may be determined without a public hearing, pursuant to Town Law § 274-a, Subdivision 2. In making such determinations, the Planning Board shall give consideration to the following: the effect and compatibility of the proposed modification on the overall concept plan and planned development district design, criteria and standards.

§ 68-680 Open development areas.

Pursuant to § 280-a of the Town Law, the Town Board hereby declares this zoning district an open development area within the Town, wherein building permits may be issued for the erection of structures to which access is given by right-of-way or easement, upon such conditions or regulations as may be prescribed by the Planning Board or its designee.

§ 68-681 Affordable housing.

[Amended 7-25-2017]

All residential development within the PDD shall provide that a minimum of 10% of the total dwellings in the approved plan be deemed affordable housing. The schedule of affordable housing provision shall be approved by the Town of Islip Department of Planning and Development prior to the issuance any certificate of occupancy.

Islip City Zoning Code

ARTICLE LI

Use District Regulations: Great River Planned Development District

§ 68-669 Legislative intent.

The intent of this district is to encourage superior mixed-use development in accordance with a concept plan for the Great River Planned Development District (hereinafter the "concept plan"), approved by the Town Board, which shall specify the location of land uses and the ultimate scale and density of development. Development in this district shall be in accordance with the approved concept plan, which shall contain specific guidelines in terms of height, architecture, landscaping, streetscape, traffic mitigation and drainage.

To the extent that this article is inconsistent with Town Law § 267, Subdivision 2, 280a, Subdivision 4, and 274-a, and the Islip Town Code § 68-415 or Chapter 47B, Local Law No. 4 of 1974, it shall supersede such provisions.

§ 68-670 Designation of subdistricts.

The following subdistricts shall be spatially defined on the concept plan and shall be so designated on the Official Map of the Town of Islip:

Office-Industrial	(PDD-GR:OI)
Residential	(PDD GR:RES)

Office and industrial.

Permitted uses.

Office buildings.

Laboratories for scientific and industrial research, testing and development.

Manufacturing and assembly, with all activities entirely contained within enclosed buildings, excluding any use prohibited in an Industrial 2 District.

Medical centers and dental clinics, excluding psychiatric or drug treatment clinics.

Child day-care centers.

Health clubs.

[Added 2-28-2017]

Public, private or parochial school, including preschool programs, elementary, secondary schools, colleges and universities, 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 9-15-2020 by L.L. No. 2-2020]

Uses permitted by special permit from Town Board after public hearing.

Public utilities where no repair or storage facilities are maintained.

Facilities for cogeneration of electricity and/or steam as a principal use.

Permitted accessory uses. The following uses shall be permitted within a building:

Power plants or facilities for the cogeneration of electricity and/or steam.

Signs as permitted in Article XXIX as approved by the Planning Board.

Cafeteria and other restaurant uses, provided they are located within a permitted building.

Banks provided they are located within a permitted building.

Drug stores or pharmacies, provided they are located within a permitted building.

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.

Parking structures, subject to Planning Board approval.

Height.

No structure shall be erected to a height in excess of 35 feet.

Exceptions. Permitted buildings may be erected to a height of 60 feet, provided that any portion of any building in excess of 35 feet is set back one additional foot for each one foot of additional height beyond the required setbacks from public streets, planned public streets or district boundary lines.

Percentage of lot occupancy.

The total lot occupancy of any building on a lot in this subdistrict shall not exceed 35%.

The total floor area ratio of all buildings on any lot in this subdistrict shall not exceed 0.35.

The Planning Board may modify the lot area and FAR for individual sites, provided that the aggregate lot area and FAR for the entire subdistrict do not exceed the limits set forth in Subsection A(5)(a) and (b) of this section, and provided that such modifications are consistent with the concept plan.

Lot area.

All lots have a minimum lot area of one acre.

The location of all lots within this subdistrict shall be consistent with the concept plan and approved by the Planning Board.

The requirements set forth above may be modified by the Planning Board by up to 25%, provided that such modifications are consistent with the concept plan and reasonably necessary to permit appropriate development in the PDD.

Width of lot.

The minimum width of lot shall be 150 feet.

The Planning Board may reduce or modify the width of the lot up to 25% for all lots, provided that the same is consistent with the concept plan and reasonably necessary permit appropriate development in this subdistrict.

Setbacks.

Front yard setbacks from Sunrise Highway shall be 125 feet, the entire extent of which shall be landscaped, except for driveways, parking areas and sidewalks.

A setback of 25 feet shall be maintained along all common boundary lines with adjacent parcels to the east of the PDD.

Rear yard setbacks shall be a minimum of 25 feet.

All buildings shall have a minimum twenty-five-foot setback from Wheeler Road.

All buildings located adjacent to the western lot line abutting single-family residentially zoned property shall have a minimum setback of 125 feet from said lot line.

A minimum distance of 15 feet shall be provided between adjoining unconnected buildings or as approved by the Planning Board and consistent with the concept plan.

The Planning Board may reduce or modify the setback requirements by up to 25%, provided that the same is consistent with the concept plan and reasonably necessary to permit appropriate development in this subdistrict.

Residential.

Permitted uses.

Multiple-family dwellings (MF): attached one- and-two-family and multiple townhouse or condominium-type dwelling units maintained by associations of owners approved by the Attorney General of the State of New York or apartments. Some of said units may be especially designed for senior citizens and their immediate families or caregivers. A "senior citizen" is defined as a person 55 years of age or older. The senior citizen's immediate family is limited to the senior citizen's spouse, children and grandchildren 19 years of age or older and caregivers.

Congregate care facilities, assisted living facilities, or nursing homes.

[Amended 2-28-2017]

Athletic fields.

Fire substations.

Accessory uses. The following uses shall be permitted within the subdistrict but must be clearly incidental to the principal use:

Recreation uses, including but not limited to community buildings, swimming pools, tennis courts and similar facilities.

Maintenance buildings.

Signs as permitted in Article XXIX and as approved by the Planning Board.

Other customary accessory uses.

Density. The maximum density shall not exceed 360 residential units.

[Amended 7-25-2017]

Height. No structure shall be erected to a height in excess of three stories.

Floor area ratio and percentage of lot occupancy shall be calculated based upon the area of the subject property prior to any dedications and noninclusive of the fire substation.

The percentage of lot occupancy for all structures shall not exceed 25%, and combined floor area ratio for all structures in this subdistrict shall not exceed 0.40.

The percentage of lot occupancy for residential structures shall not exceed 20%, and floor area ratio shall not exceed 0.35.

[Amended 9-19-2017]

Subdivision of property. Authorization is granted to the Planning Board to approve subdivisions of property in this district pursuant to a cluster plan. Said cluster shall be in conformance with the provisions of the Town of Islip Subdivision and Land Development Regulations as modified by the Planning Board.

Setbacks.

All buildings located in the subdistrict shall have the following setbacks:

A minimum of 40 feet on the north side of the property.

A minimum of 125 feet on the west side of the property, except that a fire substation may encroach on the buffer area in accordance with an approved site plan.

A minimum of 30 feet on the south side of the property.

A minimum of 30 feet on the east side of the property.

A minimum of 15 feet from private roads.

The Planning Board may modify or reduce the setback requirements of Subsection B(7)(a) above up to 25%, provided that the same is consistent with the concept plan and reasonably necessary to permit appropriate development in this subdistrict.

§ 68-671 Architecture.

Prior to the issuance of any building permits or the commencement of the construction of any building or exterior building renovations, representative exterior architectural drawings shall be submitted to the Planning Commissioner. The Planning Commissioner shall review the plans for architectural consistency with the concept plan in terms of overall building design, materials, colors, encroachments and other architectural considerations. No building permit shall be issued until written architectural approval has been granted by the Planning Commissioner. A denial of architectural approval by the Commissioner of Planning may be appealed to the Planning Board within 30 days.

§ 68-672 Parking.

A minimum of 2.2 parking stalls per residential unit shall be provided. Driveway spaces and on-street parking may count towards this requirement. Garage space shall not be counted towards this requirement.

Parking for office uses shall be provided at a ratio of 3.5 stalls per 1,000 square feet of gross floor area.

Parking for all other uses shall be provided pursuant to the requirements of the Town of Islip Subdivision and Land Development Regulations as modified by the Commissioner of Planning.

§ 68-673 Landscaping.

All landscaping shall be in conformance with the recommendations of the concept plan and the Town of Islip Subdivision and Land Development Regulations. Prior to the issuance of any building permit for a new building, a landscape plan for each subdivision or site plan shall be subject to the approval of the Planning Division. The Planning Board shall have the power to modify landscaping, provided such modifications are consistent with the concept plan.

§ 68-674 Buffers and screening.

All properties located within the Office-Industrial Subdistrict shall be buffered from adjacent residentially used property, except that no buffer shall be required for any adjacent parcel that is located east of the PDD. The buffer shall be a minimum of 125 feet in width along the western boundary line of the Office-Industrial Subdistrict and 25 feet in width along the southern property line of the Office-Industrial Subdistrict.

Buffers shall be constructed pursuant to the Islip Subdivision and Land Development Regulations with such additional planting as may be determined by the Planning Division and a six-foot chain link fence with stockade attached along residentially used property lines. Said fencing may be waived by the Planning Commissioner if the installation of such fencing would adversely alter naturally wooded areas.

The location of new loading and unloading areas shall be subject to the review of the Planning Division. There shall be no loading docks or new truck loading areas within 25 feet of a buffer area, except by approval from the Planning Board upon a finding of practical difficulty or hardship that precludes said loading area from being located in another area of the site and with such other mitigating measures as may be determined by the Planning Board. Nothing contained herein shall operate to prohibit utility deliveries to any existing buildings.

Doors located adjacent to a buffer area shall be designed and constructed solely for pedestrian use, except by approval from the Planning Board upon a finding of practical difficulty or hardship that precludes said door from being located in another area of the site and with such other mitigating measures as may be determined by the Planning Board.

Exterior public address systems or loudspeakers shall be prohibited within the Office-Industrial Subdistrict.

§ 68-675 Exterior lighting.

All lighting shall be positioned or shielded to illuminate the subject parcel only.

All lighting adjacent to a buffer zone shall be positioned in such a manner as to minimize glare on adjoining properties.

§ 68-676 Permitted encroachments.

The following encroachments are hereby permitted:

Cornices, eaves, gutters, chimneys or bay windows projecting not more than 48 inches.

One-story open porches and terraces not exceeding five feet in height and projecting not more than 10 feet.

One-story enclosed vestibules not greater than 12 feet wide.

Guard booths, flagpoles, identification signs, sculptures, seatings, bus shelters or gazebos.

Shielded mechanical systems.

Antennas as part of a permitted use, subject to the approval of the Planning Board.

All encroachments existing on the date of the adoption of this article.

§ 68-677 Public hearing notification.

All uses regulated by special permit from the Planning Board after a public hearing shall provide the following form of notification:

Advertisement of public notice in the official newspaper of the Town of Islip at least 10 days prior to the public hearing.

Posting of public notice signs every 200 feet on that portion of any public or private road contiguous to the subject parcel at least 10 days prior to the public hearing.

§ 68-678 Amendment to concept plan.

The Planning Board may amend the road layouts and location of any structures or other improvements in all subdistricts of the concept plan without a public hearing, provided that the same is reasonably consistent with the concept plan and reasonably necessary to permit appropriate development.

This PDD Ordinance may be amended by the Town Board after a public hearing and upon a report of the Planning Board or the Commissioner of Planning. For the purposes of this subsection, notice of such public hearing shall be published at least once in the official Town newspaper no fewer than 10 days prior to the public hearing.

§ 68-679 Determination by Planning Board.

Except as otherwise provided herein, all matters referred to the Planning Board in this Article LI may be determined without a public hearing, pursuant to Town Law § 274-a, Subdivision 2. In making such determinations, the Planning Board shall give consideration to the following: the effect and compatibility of the proposed modification on the overall concept plan and planned development district design, criteria and standards.

§ 68-680 Open development areas.

Pursuant to § 280-a of the Town Law, the Town Board hereby declares this zoning district an open development area within the Town, wherein building permits may be issued for the erection of structures to which access is given by right-of-way or easement, upon such conditions or regulations as may be prescribed by the Planning Board or its designee.

§ 68-681 Affordable housing.

[Amended 7-25-2017]

All residential development within the PDD shall provide that a minimum of 10% of the total dwellings in the approved plan be deemed affordable housing. The schedule of affordable housing provision shall be approved by the Town of Islip Department of Planning and Development prior to the issuance any certificate of occupancy.