Islip City Zoning Code
ARTICLE LIII
Use District Regulations: Industrial Transition District
§ 68-695 Legislative intent.
It is hereby recognized by the Town Board that the changing nature of industrial uses warrants the need for additional opportunities for outdoor storage and/or parking of vehicles. As such, certain industrial properties across the Town may be regulated using an industrial transitional zone to increase opportunities for economic development without causing significant negative impacts on adjoining properties. This district is designed for a wide range of industrial and related activities which can meet a reasonable level of performance standards as set forth in the Subdivision and Land Development Regulations and this article. No new residences are permitted except as herein specified.
§ 68-696 Permitted uses.
In the Industrial Transition District, the following uses shall be permitted:
C.
Rental car/truck agencies.
D.
Collateral loan broker.
E.
Health clubs.
F.
Research and development uses involving laboratories for scientific or industrial research, testing and development.
G.
Psychiatric clinic, drug treatment center or similar health-related facility, excluding overnight residential treatment facilities.
H.
Nonprofit fraternity or lodge.
I.
Church or other similar place of worship, provided that a minimum buffer area of 25 feet in width 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.
J.
Historical or memorial monument.
K.
A single accessory retail use within an industrial building or that shares a common wall with it and sells only goods being manufactured in the principal industrial building. The area devoted to this accessory retail use, including all storage, stocking and business space, shall not exceed 2% of the gross floor area of the industrial building, and separate exterior signage for this use shall be prohibited.
L.
Railway right-of-way or passenger station, but not including railway yards or freight stations.
M.
Domestic animal care facility, including veterinarians, kennels and animal training facilities.
N.
Agriculture or nursery, including the retail sale of products raised on the premises.
O.
Park, municipal playground or municipal recreation building or private indoor recreational use.
P.
[2]Vehicle repair shop.
[2]
Editor’s Note: Former Subsection P, Mini storage warehouse, was repealed 8-5-2014. This resolution also redesignated former Subsection Q as Subsection P; repealed former Subsection R, Printing plants; redesignated former Subsections S, T and U as Subsections Q, R, and S, respectively; repealed former Subsection V, Taxi station or ambulette office; and redesignated former Subsection W as Subsection T.
Q.
Public, private or parochial schools, 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.
[Amended 8-5-2014]
R.
Overnight parking of registered vehicles as an accessory use to a manufacturing, warehouse, agricultural, commercial laundry, vehicle repair shop or office use, provided all vehicles are set back a minimum distance of 50 feet from any street and provided that such vehicles are properly screened from view with fencing and/or landscaping pursuant to an approved site plan.
[Amended 7-20-2021]
S.
Sale, or parking of construction vehicles, emergency vehicles, storage trailers or containers and office trailers, provided that the subject site has a building with a minimum FAR of 0.10, such vehicles or trailers are located completely within the rear yard and are set back a minimum of 200 feet from any residential use, and further provided such vehicles or trailers are properly screened from view with fencing and/or landscaping pursuant to an approved site plan.
[Amended 3-14-2023]
T.
Commercial laundry establishment.
§ 68-697 Use permitted with administrative approval of Town Clerk.
Use 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 a 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.
§ 68-698 Prohibited uses.
All uses not expressly permitted are prohibited. Nothing herein contained shall be construed to permit the erection, alteration, addition, maintenance or use of any premises of either a business or industrial operation which shall provide outside service, outside display, outside counter or window service, carhopping service or drive-in or drive-up counter or window service in an Industrial Transitional District.
§ 68-699 Uses permitted by special permit from Town Board after public hearing.
§ 68-700 Uses permitted by special permit from Planning Board after public hearing.
A.
Minor restaurants, except as otherwise provided herein.
B.
Bar, tavern or nightclub.
C.
Transfer station/recycling center, subject to compliance with Chapter 21 of the Islip Town Code, all necessary permits required by New York State Department of Environmental Conservation.
D.
Private parking garage as an accessory use to an office use.
E.
Accommodations for a single security guard not to exceed 500 square feet in gross floor area as an accessory use to a permitted principal use.
F.
Automobile parking field and/or vehicle fleet storage yards, including but not limited to ambulettes, buses, taxis, ice cream trucks, freight facilities, private carting companies, transportation facilities, and parcel post companies, provided that all such vehicle parking or storage areas are completely screened from view with fencing, landscaping, and berms at the direction of the Planning Board.
[Amended 3-14-2023]
G.
Showrooms, when operated as accessory to a primary permitted use.
H.
Child or adult day-care facility.
I.
Private or parochial college or university, excluding dormitories and other college- or university-residential uses.
J.
Non-degree-granting schools associated with manufacturing or driver training.
§ 68-701 Uses permitted after review and approval of Planning Board.
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.
§ 68-702 Uses permitted as special exception by Board of Appeals after public hearing. (Note: See also § 68-341.1, Adult uses.)
§ 68-703 Adult uses.
Adult uses shall be allowable in this district pursuant to the criteria in § 68-341.1.
§ 68-704 Accessory uses.
A.
The following uses shall be permitted when located on the same lot as the authorized use:
(1)
Building for storing products, merchandise or vehicles incidental or accessory to the authorized use.
(3)
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.
(4)
Game center.
(5)
Accommodations for a single security guard not to exceed 500 square feet in gross floor area, subject to the issuance of a special permit from the Planning Board after due public hearing.
(6)
Private parking garage after special permit by the Planning Board.
(7)
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.
(9)
Loading bay or dock. Such use shall have its distance maximized from a residential use or zone as per the Subdivision and Land Development Regulations.
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.
§ 68-705 Height.
A.
In the Industrial Transitional District, no building or structure shall be erected or altered to a height in excess of 60 feet or four stories.
B.
Accessory structures shall not exceed 18 feet in height.
C.
Exceptions. The provision hereof shall not apply to the height of a church or similar place of worship, tower, stack, standpipe, refrigeration or compression coil, monument, chimney, water tank or elevator. In the event that such structures are within 1 1/2 miles of an established airport, the approval by the Federal Aviation Agency shall be secured and any and all conditions imposed met.
D.
Flagpoles shall not exceed 35 feet in height.
§ 68-706 Percentage of lot occupancy and floor area ratio.
A.
The total building area, including all buildings, shall not exceed a FAR of 0.35 except as otherwise provided herein. An additional FAR of 0.10 is permitted for mezzanines used for storage purposes only, complying with the codes of New York State. Parking for said mezzanines shall be calculated at one space per 1,000 square feet.[1]
[Amended 5-14-2024]
[1]
Editor’s Note: Former Subsection B, regarding mini storage warehouses, which immediately followed, was repealed 12-17-2019.
§ 68-707 Area density.
A.
The minimum required plot area for any use authorized in this district shall be 40,000 square feet.
B.
Separate ownership. A permitted building may be erected on or a permitted use may occupy any lot which was separately owned at the time of the passage of this article and which has not come into common ownership with adjoining property and conforms to the area density requirements of the Zoning Ordinance prior to such codification and conforms to all other minimum requirements of this article.
§ 68-708 Width of lot.
A.
The minimum width of a lot for any use permitted in this district shall be 100 feet throughout.
B.
Separate ownership. A permitted building may be erected on or a permitted use may occupy any lot which was separately owned at the time of the passage of this article and which has not come into common ownership with adjoining property and conforms to the width of lot requirements of the Zoning Ordinance prior to such codification and conforms to all other minimum requirements of this article.
§ 68-709 Front yard.
A.
Main buildings. All permitted buildings, including accessory buildings, hereafter erected shall have a required front yard of 50 feet. A building may be permitted to have a front yard setback of 25 feet, provided the following criteria are met:
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 25 feet, unless arterial highway setback is greater. (See Article XXXII.)
§ 68-710 Side yards.
All buildings, including accessory buildings, hereafter erected shall have a side yard along each lot line other than a street or a rear line. Each side yard shall be not less than 10 feet, except where 50 feet is required adjoining residential uses or districts. If the side yard adjoins the tracks or right-of-way of the Long Island Rail Road, then the setback may be 25 feet.
§ 68-711 Rear yard.
A.
Main buildings. All main buildings hereafter erected shall have a rear yard of not less than 25 feet, except where 50 feet is required for adjoining residential uses or districts. If the rear yard adjoins the tracks or right-of-way of the Long Island Rail Road, then the setback may be 25 feet.
§ 68-712 Permitted encroachments.
No encroachments are permitted.
§ 68-713 Exterior site improvements.
Exterior site and road improvements shall be installed pursuant to the requirements of Article XXIII.
§ 68-714 Fences.
See Article XXX.
§ 68-715 Severability.
If any clause, sentence, paragraph or section of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph or section directly involved in the controversy in which judgment shall have been rendered.