Islip City Zoning Code
ARTICLE LIV
Use District Regulations: Islip Mixed-Use Planned Development District IMUPDD
§ 68-716 Legislative intent.
A.
The intent of the Islip Mixed-Use Planned Development District (IMUPDD) is primarily to enable the development of a mixed-use community which incorporates modern planning principals and encourages the productive use of a suitable property to create conditions where the next-generation workforce can leverage industrial, commercial, office, retail, dining and entertainment, recreational, cultural, civic, and workforce residential opportunities in a walkable community which also provides benefits for the larger Islip community. These IMUPDD regulations are intended to establish development parameters within which the property will be developed in a manner consistent with the Islip Pines Revised Conceptual Master Plan and the Islip Pines Revised Conceptual Site Layout Plan (collectively, the "Islip Pines Revised Conceptual Master Plan"), both adopted by the Town Board simultaneously with this article.
B.
The IMUPDD will provide for the following subdistricts, each intended to integrate with one another and provide for the flexibility of design integral to a mixed-use community:
(1)
Industrial, research and development, and office uses in an industrial subdistrict;
(2)
Commercial service, business and business services in a services subdistrict;
(3)
Workforce and full-market-value housing in a residential subdistrict;
(4)
Ground-floor retail and flexible-use space in a retail subdistrict;
(5)
Civic, recreation, athletic, and community/public assembly uses in a civic subdistrict; and
(6)
Entertainment, cultural, dining and food service, and hospitality uses in an entertainment subdistrict.
C.
Development in this district shall be in accordance with an approved conceptual Master Plan, which shall contain parameters relating to locations of subdistricts, density, open space, and associated improvements and utilities.
D.
Unless provided to the contrary in this Code section, the definition of words used in this Code section shall be the same as provided in this chapter (Zoning).
E.
Unless provided for otherwise in the IMUPDD, all aspects of the development of the Islip Pines Revised Conceptual Master Plan shall be in conformance with the Town of Islip Subdivision and Land Development Regulations.
F.
Due to the mixed-use nature of development permitted hereunder, total development pursuant to the Islip Pines Conceptual Master Plan shall not exceed .45 FAR.
§ 68-717 Designation of subdistricts.
The following subdistricts shall be spatially defined, and their uses identified, on an IMUPDD Conceptual Master Plan and shall be so designated on the Official Map of the Town of Islip:
A.
IMU Industrial (IMU-I): a mixed-use subdistrict which permits light industrial, research and development, and office uses. The total developable square footage in this subdistrict shall not exceed 1,500,000 square feet.
B.
IMU Services (IMU-S): a mixed-use subdistrict which permits commercial services, business and business service uses. The total developable square footage in this subdistrict shall not exceed 100,000 square feet.
C.
IMU Residential (IMU-RES): a mixed-use subdistrict which permits workforce and full-market-value housing, and associated residential amenities, to address the need identified on Long Island for quality workforce housing and full-market-value housing within walking distance to business, recreation, entertainment, civic, and retail opportunities on Long Island. The total number of residential units in this subdistrict shall not exceed 350 units.
D.
IMU Entertainment (IMU-E): a mixed-use subdistrict which permits entertainment, cultural, dining and food service, and hospitality uses. The total developable square footage in this subdistrict shall not exceed 250,000 square feet.
E.
IMU Civic (IMU-C): a mixed-use subdistrict which permits civic, recreation, athletic, and community/public assembly uses within buildings and structures or in open-space or open-air areas. The total developable square footage in this subdistrict shall not exceed 60,000 square feet of building area, exclusive of open-space or open-air amenities.
F.
IMU Retail (IMU-RET): a mixed-use subdistrict which permits buildings to be used for the retail or wholesale sale of goods on multiple floors and which also provides space for commercial uses above the ground floor. The total developable square footage in this subdistrict shall not exceed 350,000 square feet.
G.
IMU Flex (IMU-FLEX): a mixed-use subdistrict which permits buildings to be used for IMU Retail, IMU Services and IMU Entertainment uses on the ground floor and IMU Industrial, IMU Retail, IMU Services, or IMU Residential on floors above the ground floor.
§ 68-718 Definitions.
Unless otherwise specifically defined herein, the terms used in this article shall have the same meaning as defined in § 68-3.
A business that offers games, small rides, and playground areas and does not offer activities that would exclude any minor by reason of age. Such facilities may offer party rooms and food service as accessory uses.
A business that specializes in a particular genre of food, where a minimum of 50% of the floor space is utilized for tastings, demonstrations, classes or other nonretail activity.
§ 68-719 Subdistrict regulations.
A.
IMU-I Industrial.
(1)
Permitted uses:
(a)
Office, including medical.
(b)
Research and development uses, including laboratories for scientific or industrial research, testing, and development.
(c)
Electronic storage facilities, such as data centers, and facilities for computer server hosting.
(d)
Uses commonly referred to as "back office," including information technology, mail and package sorting, and telephone call centers and support.
(e)
Manufacturing.
(f)
Bank (except freestanding).
(g)
Warehouse and distribution (including storage and mini-storage warehouse facilities).
(h)
Child day-care center.
(i)
Veterinarian.
(j)
Public school.
(k)
Private or parochial school, including preschool programs, elementary and secondary schools, colleges and universities, vocational schools and other non-degree-granting schools, including self-defense, dance, swimming, gymnastics and similar instruction/programs.
(l)
Supply house and wholesale establishment/showroom.
(m)
Commercial laundry/dry-cleaning establishment.
(n)
Printing plant/copy facility.
(o)
Fitness/health club.
(p)
Indoor storage and sale or repair of vehicles.
(q)
Assembly and social recreation hall, excluding those uses which qualify as bar/tavern or nightclubs.
(r)
House of worship.
(s)
Minor restaurant or restaurant, with the area devoted to such use to be subtracted from the total square footage allowable in the IMU-RET or IMU-E Subdistricts.
(t)
Pharmacy, up to a maximum of 10% of the building's floor area ratio, subtracted from total square footage of the allowable IMU-RET Subdistrict.
(u)
Dry cleaner.
(2)
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 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.
(3)
Uses permitted by special permit from the Planning Board after a public hearing:
(a)
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 shall not exceed 5% of the gross floor area of the industrial building, and separate exterior signage for this use shall be prohibited.
(b)
Indoor and/or outdoor recreational use.
(c)
Agricultural or nursery use, including the retail sale of products produced on the premises.
(d)
Businesses which involve the outdoor or overnight parking of registered vehicles as an accessory use to a permitted principal use, including rental car/truck agencies as a principal use, provided that all vehicles are properly screened from view from a residential use or zone.
(e)
The location of a bank drive-in window as accessory to a bank facility or pharmacy.
(f)
Car wash.
(4)
Uses permitted by special exception from the Zoning Board of Appeals after a public hearing:
(a)
Brewing and distilling of beverages, including brew pubs.
(5)
Permitted accessory uses.
(a)
The following uses shall be permitted within a building devoted to a permitted principal use, provided the cumulative square footage of each accessory use does not exceed 10% of the square footage of the total structure:
[1]
Gym, exercise studio, physical fitness center, dance studio, game/recreation center.
[2]
One convenience market per building, up to a maximum of 2,500 square feet, with no exterior signage or entryway.
[3]
Cafeteria.
[4]
Parking structures, garages, and lots.
[5]
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 from same.
[6]
Building for storing products, merchandise or vehicles incidental or accessory to the authorized use.
(b)
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 stand-alone business.
(6)
Prohibited uses:
(a)
All uses not expressly permitted are prohibited. No accessory building shall be constructed until the construction of the main building has actually been commenced, and no accessory building shall be used unless the main building is completed and used.
(b)
Whenever a use has been authorized by a special permit pursuant to § 68-719A(3), no accessory use to that special permit use shall be permitted unless same has been specifically authorized by the board that authorized the special permit use.
(7)
Height:
(a)
No structure shall be erected to a height in excess of 60 feet.
(b)
Accessory structures shall not exceed 18 feet in height.
(c)
Exceptions. The provisions hereof shall not apply to the height of a church or similar place of worship, stack, standpipe, refrigeration or compression coil, monument, chimney, water tank, elevator, mechanical units/housing, or parapet walls. In the event that such structures are within 1 1/2 miles of an established airport, the approval by the Federal Aviation Administration shall be secured and any and all conditions imposed met.
(8)
Setbacks:
(a)
Setbacks from Veterans Memorial Highway shall be 45 feet and 60 feet from Sunrise Highway, the entire extent of which shall remain natural, except for specified view corridors shown on the approved site plan and decorative landscape treatments adjacent to the entrances to the site as approved by the Commissioner of Planning, and approved driveways, sidewalks, utilities, and utility easements.
(b)
Rear yard setbacks shall be a minimum of 10 feet from any internal roadway or parking area.
(c)
Side yard setbacks shall be a combined minimum total of 20 feet, with a minimum ten-foot setback on any individual side from any internal roadway or parking area.
(d)
All buildings erected on a corner lot shall also have a front yard on a side street. This front yard shall have a minimum setback of 10 feet from any internal roadway or parking area.
(e)
All buildings erected on a through lot shall be set back a minimum of 10 feet from the internal roadway or parking area.
(f)
A minimum distance of 25 feet shall be provided between adjacent unconnected buildings.
B.
IMU-S Services.
(1)
Permitted uses:
(a)
Business services involving office support services, including printing, document reproduction and similarly related functions.
(b)
Office and medical.
(c)
Bank, including freestanding, and financial services, including tax preparation.
(d)
Child day-care center.
(e)
Restaurant and minor restaurant.
(f)
Public school.
(g)
Private or parochial school, including preschool programs, elementary and secondary schools, colleges and universities, vocational schools and other non-degree-granting schools, including self-defense, dance, swimming, gymnastics and similar instruction/programs.
(h)
Fitness/health and personal service establishment.
(i)
House of worship.
(2)
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 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.
(3)
Uses permitted by special permit from the Planning Board after a public hearing:
(a)
Parcel post companies, provided that all vehicles are set back a minimum distance of 50 feet from any internal roadway and 200 feet from any residential use or zone, and further provided that such vehicles are properly screened from view from such residential use or zone.
(4)
Permitted accessory uses:
(a)
Customary accessory uses, structures and buildings, provided that such uses are clearly incidental to the principal use and do not include any activity conducted as a stand-alone business.
(b)
Building for storing products, merchandise or vehicles incidental or accessory to the authorized use.
(c)
Accommodations for security guards not to exceed 500 square feet in gross floor area per security guard.
(5)
Prohibited uses:
(a)
All uses not expressly permitted are prohibited. No accessory building shall be constructed until the construction of the main building has actually been commenced, and no accessory building shall be used unless the main building is completed and used.
(b)
Whenever a use has been authorized by a special permit pursuant to § 68-719B(3), no accessory use to that special permit use shall be permitted unless same has been specifically authorized by the board that authorized the special permit use.
(6)
Height:
(a)
No structure shall be erected to a height in excess of 35 feet.
(b)
Accessory structures shall not exceed 18 feet in height.
(c)
Exceptions. The provisions hereof shall not apply to the height of a church or similar place of worship, stack, standpipe, refrigeration or compression coil, monument, chimney, water tank, elevator, mechanical units/housing, or parapet walls. In the event that such structures are within 1 1/2 miles of an established airport, the approval by the Federal Aviation Administration shall be secured and any and all conditions imposed met.
(7)
Setbacks:
(a)
Setbacks from Veterans Memorial Highway shall be 45 feet and 60 feet from Sunrise Highway, the entire extent of which shall remain natural, except for specified view corridors shown on the approved site plan and decorative landscape treatments adjacent to the entrances to the site as approved by the Commissioner of Planning, and approved driveways, sidewalks, utilities, and utility easements.
(b)
Rear yard setbacks shall be a minimum of 10 feet from any internal roadway or parking area.
(c)
Side yard setbacks shall be a combined minimum total of 20 feet, with a minimum ten-foot setback on any individual side, from any internal roadway or parking area.
(d)
All buildings erected on a corner lot shall also have a front yard on a side street. This front yard shall have a minimum setback of 10 feet from any internal roadway or parking area.
(e)
All buildings erected on a through lot shall be set back a minimum of 10 feet from the internal roadway or parking area.
(f)
A minimum distance of 25 feet shall be provided between adjacent unconnected buildings. This required minimum may be waived by the Zoning Board of Appeals upon application.
C.
IMU-RES Residential.
(1)
Workforce housing. All residential development within the Planned Development District shall provide that 20% of the total dwelling units on the approved plan be deemed affordable housing pursuant to the definition in § 68-3. The schedule of affordable housing provision shall be approved by the Town of Islip Department of Planning and Development in consultation with the Community Development Agency prior to the issuance of building permits for the units.
(2)
Permitted uses:
(a)
One- and two-bedroom residential attached units contained in one or more buildings or as attached townhouses and flats in multiple buildings. Residential units may also be contained in the IMU-FLEX Subdistrict.
(3)
Accessory uses. The following uses shall be permitted within the IMU-RES Residential Subdistrict but must be clearly incidental to the principal use:
(4)
Height. No structure shall be erected to a height in excess of 60 feet.
(5)
Density. The maximum density shall not exceed 350 total residential units.
(6)
Setbacks:
(a)
Setbacks from Veterans Memorial Highway shall be 45 feet and 60 feet from Sunrise Highway, the entire extent of which shall remain natural, except for specified view corridors shown on the approved site plan and decorative landscape treatments adjacent to the entrances to the site as approved by the Commissioner of Planning, and approved driveways, sidewalks, utilities, and utility easements.
(b)
Rear yard setbacks shall be a minimum of 10 feet from any internal roadway or parking area.
(c)
Side yard setbacks shall be a combined minimum total of 20 feet, with a minimum ten-foot setback on any individual side from any internal roadway or parking area.
(d)
All buildings erected on a corner lot shall also have a front yard on a side street. This front yard shall have a minimum setback of 10 feet from any internal roadway or parking area.
(e)
All buildings erected on a through lot shall be set back a minimum of 10 feet from the internal roadway or parking area.
(f)
A minimum distance of 25 feet shall be provided between adjacent unconnected buildings. This required minimum may be waived by the Zoning Board of Appeals upon application.
D.
IMU-E Entertainment.
(1)
Permitted uses:
(a)
Restaurant and minor restaurant, including outside seating.
(b)
Specialty food shop.
(c)
Hotel with or without conference, meeting, and event facilities.
(d)
Multiplex motion picture theater and other public assembly entertainment uses.
(e)
Indoor and/or outdoor recreational or fitness/health and beauty use.
(f)
House of worship.
(g)
Bar, tavern, or nightclub.
(h)
Billiard hall.
(i)
Museum.
(2)
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 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.
(3)
Uses permitted by special permit from the Planning Board after a public hearing:
(a)
Outside seating and/or outside bar service as an accessory use to a permitted bar, tavern or nightclub, subject to the following requirements:
[1]
The outside area shall not be permitted to operate past 2:00 a.m.
[2]
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.
(4)
Permitted accessory uses:
(a)
Customary accessory uses, structures and buildings, provided that such uses are clearly incidental to the principal use and do not include any activity conducted as a stand-alone business.
(b)
Building for storing products, merchandise or vehicles incidental or accessory to the authorized use.
(c)
Food and catering services.
(5)
Prohibited uses:
(a)
All uses not expressly permitted are prohibited. No accessory building shall be constructed until the construction of the main building has actually been commenced, and no accessory building shall be used unless the main building is completed and used.
(b)
Whenever a use has been authorized by a special permit pursuant to § 68-719D(3), no accessory use to that special permit use shall be permitted unless same has been specifically authorized by the board that authorized the special permit use.
(6)
Height:
(a)
No structure shall be erected to a height in excess of 60 feet.
(b)
Accessory structures shall not exceed 30 feet in height.
(c)
Exceptions. The provisions hereof shall not apply to the height of a church or similar place of worship, stack, standpipe, refrigeration or compression coil, monument, chimney, water tank, elevator, mechanical units/housing, hotel pools or parapet walls. In the event that such structures are within 1 1/2 miles of an established airport, the approval by the Federal Aviation Administration shall be secured and any and all conditions imposed met.
(7)
Setbacks:
(a)
Setbacks from Veterans Memorial Highway shall be 45 feet and 60 feet from Sunrise Highway, the entire extent of which shall remain natural, except for approved driveways, sidewalks, utilities, and utility easements.
(b)
Rear yard setbacks shall be a minimum of 10 feet from any internal roadway or parking area.
(c)
Side yard setbacks shall be a combined minimum total of 20 feet, with a minimum ten-foot setback on any individual side from any internal roadway or parking area.
(d)
All buildings erected on a corner lot shall also have a front yard on a side street. This front yard shall have a minimum setback of 10 feet from any internal roadway or parking area.
(e)
All buildings erected on a through lot shall be set back a minimum of 10 feet from the internal roadways, from any internal roadway or parking area.
(f)
A minimum distance of 25 feet shall be provided between adjacent unconnected buildings.
E.
IMU-C Civic.
(1)
Permitted uses:
(a)
Outdoor live performance and motion picture venues, subject to all requisite permits and fees from the Town of Islip and/or any other governmental unit or agency requiring same.
(b)
Open space, green space, and water recreation.
(c)
Outdoor and indoor athletic playing fields or courts.
(d)
Senior/youth facilities.
(e)
Open-air market.
(f)
Ice skating rink.
(2)
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 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.
(3)
Permitted accessory uses:
(a)
Customary accessory uses, structures and buildings, provided that such uses are clearly incidental to the principal use and do not include any activity conducted as a stand-alone business.
(b)
Building for storing products, merchandise or vehicles incidental or accessory to the authorized use.
(c)
Food, beverage, and dry goods sales structures, not to exceed 10% of buildable square feet.
(d)
Public restrooms.
(e)
Public transportation pickup/dropoff areas.
(f)
Offices used in connection with any permitted use.
(4)
Prohibited uses:
(a)
All uses not expressly permitted are prohibited. No accessory building shall be constructed until the construction of the main building has actually been commenced, and no accessory building shall be used unless the main building is completed and used.
(5)
Height:
(a)
No structure shall be erected to a height in excess of 20 feet, except for a single motion picture screen and/or sports facility structure which shall not exceed 50 feet.
(b)
Accessory structures shall not exceed 18 feet in height.
(c)
Exceptions. The provisions hereof shall not apply to the height of a church or similar place of worship, stack, standpipe, refrigeration or compression coil, monument, chimney, water tank, elevator, mechanical units/housing, or parapet walls. In the event that such structures are within 1 1/2 miles of an established airport, the approval by the Federal Aviation Administration shall be secured and any and all conditions imposed met.
(6)
Setbacks:
(a)
Setbacks from Veterans Memorial Highway shall be 45 feet and 60 feet from Sunrise Highway, the entire extent of which shall remain natural, except for specified view corridors shown on the approved site plan and decorative landscape treatments adjacent to the entrances to the site as approved by the Commissioner of Planning, and approved driveways, sidewalks, utilities, and utility easements.
(b)
Rear yard setbacks shall be a minimum of 10 feet from any internal roadway or parking area.
(c)
Side yard setbacks shall be a combined minimum total of 20 feet, with a minimum ten-foot setback on any individual side from any internal roadway or parking area.
(d)
All buildings erected on a corner lot shall also have a front yard on a side street. This front yard shall have a minimum setback of 10 feet from any internal roadway or parking area.
(e)
All buildings erected on a through lot shall be set back a minimum of 10 feet from the internal roadways, from any internal roadway or parking area.
(f)
A minimum distance of 10 feet shall be provided between adjacent unconnected buildings.
F.
IMU-RET Retail.
(1)
Permitted uses:
(a)
Retail or wholesale sale of goods.
(b)
Minor restaurants and restaurants, including outside seating.
(c)
Convenience markets.
(d)
Pharmacies and drug stores.
(e)
Banks and automated teller machines.
(f)
Personal service establishment.
(g)
Art galleries.
(h)
Assembly or social recreation centers.
(i)
Dry-cleaning establishments.
(j)
Live/work units for artists, including artist studios and artistic performance spaces.
(k)
Business service establishments, including printing, office supplies, business machines, computers, photography studios and film development stores.
(l)
Professional offices.
(m)
Single-user bulk retail/wholesale establishment.
(n)
Museums.
(3)
Uses permitted by special permit from the Town Board after a public hearing:
(a)
Fast-food restaurant.
(5)
Height:
(a)
No structure shall be erected to a height in excess of 50 feet.
(b)
Exceptions. The provisions hereof shall not apply to the height of a church or similar place of worship, stack, standpipe, refrigeration or compression coil, monument, chimney, water tank, elevator, mechanical units/housing, or parapet walls. In the event that such structures are within 1 1/2 miles of an established airport, the approval by the Federal Aviation Administration shall be secured and any and all conditions imposed met.
(6)
Setbacks:
(a)
Setbacks from Veterans Memorial Highway shall be 45 feet and 60 feet from Sunrise Highway, the entire extent of which shall remain natural, except for specified view corridors shown on the approved site plan and decorative landscape treatments adjacent to the entrances to the site as approved by the Commissioner of Planning, and approved driveways, sidewalks, utilities, and utility easements.
(b)
Rear yard setbacks shall be a minimum of 10 feet from any internal roadway or parking area.
(c)
Side yard setbacks shall be a combined minimum total of 20 feet, with a minimum ten-foot setback on any individual side from any internal roadway or parking area.
(d)
All buildings erected on a corner lot shall also have a front yard on a side street. This front yard shall have a minimum setback of 10 feet from any internal roadway or parking area.
(e)
All buildings erected on a through lot shall be set back a minimum of 10 feet from the internal roadway or parking area.
(f)
A minimum distance of 25 feet shall be provided between adjacent unconnected buildings.
G.
IMU-FLEX — Flex Zoning.
(1)
Permitted uses:
(a)
All uses permitted in the IMU-RET, IMU-S and IMU-E Subdistricts shall be permitted, provided such use is located on the ground floor of a given building, except for buildings used as parcel post companies.
(b)
All uses permitted in the IMU-RET, IMU-S, IMU-I and IMU-RES Subdistricts, provided such use is located on those floors above the ground floor.
(2)
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 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.
(3)
Uses permitted by special permit from the Planning Board after a public hearing:
(a)
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 shall not exceed 5% of the gross floor area of the industrial building, and separate exterior signage for this use shall be prohibited.
(b)
Indoor recreational use.
(c)
Bar, tavern, or nightclub.
(d)
Outside seating and/or outside bar service as an accessory use to a permitted bar, tavern or nightclub, subject to the following requirements:
[1]
The outside area shall not be permitted to operate past 2:00 a.m.
[2]
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.
(e)
Family entertainment venues.
(4)
Height:
(a)
No structure shall be erected to a height in excess of 50 feet.
(b)
Exceptions. The provisions hereof shall not apply to the height of a church or similar place of worship, stack, standpipe, refrigeration or compression coil, monument, chimney, water tank, elevator, mechanical units/housing, or parapet walls. In the event that such structures are within 1 1/2 miles of an established airport, the approval by the Federal Aviation Administration shall be secured and any and all conditions imposed met.
(5)
Prohibited uses:
(a)
All uses not expressly permitted are prohibited. No accessory building shall be constructed until the construction of the main building has actually been commenced, and no accessory building shall be used unless the main building is completed and used.
(b)
Whenever a use has been authorized by a special permit pursuant to § 68-719G(3), no accessory use to that special permit use shall be permitted unless same has been specifically authorized by the board that authorized the special permit use.
(6)
Setbacks:
(a)
Setbacks from Veterans Memorial Highway shall be 45 feet and 60 feet from Sunrise Highway, the entire extent of which shall remain natural, except for specified view corridors shown on the approved site plan and decorative landscape treatments adjacent to the entrances to the site as approved by the Commissioner of Planning, and approved driveways, sidewalks, utilities, and utility easements.
(b)
Rear yard setbacks shall be a minimum of 10 feet from any internal roadway or parking area.
(c)
Side yard setbacks shall be a combined minimum total of 20 feet, with a minimum ten-foot setback on any individual side from any internal roadway or parking area.
(d)
All buildings erected on a corner lot shall also have a front yard on a side street. This front yard shall have a minimum setback of 10 feet from any internal roadway or parking area.
(e)
All buildings erected on a through lot shall be set back a minimum of 10 feet from the internal roadway or parking area.
(f)
A minimum distance of 25 feet shall be provided between adjacent unconnected buildings.
§ 68-720 Parking.
A.
Required number of parking spaces. The mixed-use design of the IMUPDD reduces the need for on-site parking for individual uses. Therefore, adherence to the standard on-site parking requirements for the other zoning districts in the Town of Islip as required in Appendix E, Table of Minimum Parking Spaces, in the Subdivision and Land Development Regulations, would result in the overabundance of parking spaces and reduction in land available for open space, public spaces, landscaping and streetscape in the IMUPDD. To avoid such an undesirable condition, the following shall be the minimum number of required parking spaces:
(1)
IMU-I: one parking space per 1,000 square feet of gross floor area.
(2)
IMU-S: 3.3 parking spaces per 1,000 square feet of gross floor area.
(3)
IMU-RES: 1.5 parking spaces per dwelling.
(4)
IMU-E (Theatre): 0.3 parking spaces per one seat.
(5)
IMU-E (Restaurant): four parking spaces per 1,000 square feet of gross floor area.
(6)
IMU-E (Hotel): 1.5 spaces per guest unit plus 250 additional spaces for employees and invitees.
(7)
IMU-E: All other permitted uses not specifically mentioned herein shall provide 3.3 parking spaces per 1,000 square feet.
(8)
IMU-C: 2.5 spaces per 1,000 square feet of gross floor area.
(9)
IMU-RET: four parking spaces per 1,000 square feet of gross leasable area.
(10)
IMU-FLEX: 3.3 parking spaces per 1,000 square feet of gross leasable area.
§ 68-721 Loading.
A.
Single- and multi-tenant buildings, with individual tenants, no larger than 15,000 square feet may be serviced from either the front or rear of the building and shall not require dedicated service docks. In addition, common trash facilities may be provided for multi-tenant buildings.
B.
Those buildings between 15,000 square feet and 30,000 square feet may require dedicated service docks and loading areas for truck delivery and trash removal if, in the sole discretion of the Commissioner of Planning and Development, same is deemed necessary to promote the health, safety and welfare of the community.
C.
Any building with one or more tenant of greater than 30,000 square feet shall include a dedicated loading area for truck delivery and trash removal.
D.
All loading areas shall be screened from public view with a wall, fencing, and/or landscaping.
§ 68-722 Landscaping.
A.
Intent. The coordination of landscape design within a community developed under this Code section is essential for creating a consistent, high-quality character. A cohesive design unifies the various buildings and strengthens the cohesiveness of the development. Individual landscape treatments for building sites must complement the roadway landscapes, create distinctive settings for buildings, and help reinforce the design of the open space system and provide a transition for pedestrians. The Planning Board may reduce any of the landscaping requirements specified herein. Landscaping and decorative elements for all development areas shall be provided to: 1) enhance the aesthetics of the development; 2) create a pedestrian-friendly environment; 3) break up the mass of buildings; 4) soften architectural materials; 5) provide screening of service areas; 6) enhance the streetscape/highway environment; 7) define building and parking area entrances; 8) provide shade and climate control; and 9) provide buffers between subdistricts.
(1)
A minimum landscape area or green space of 15 feet shall be maintained along all interior road frontages.
(2)
Detached walks: Provide a minimum of one tree per 40 lineal feet of street frontage between the sidewalk and curb, and an additional one tree and eight shrubs per 40 lineal feet of street frontage within 10 feet outside the sidewalk, internal to the development.
(3)
Attached walks: Provide a minimum of one tree per 25 lineal feet of street frontage within 15 feet of the edge of the sidewalk and a minimum of five shrubs per tree, plus perennial flower beds, ground cover or grass lawn is required within 20 feet of the edge of curb.
(4)
Meandering sidewalks: Provide a minimum of one tree per 30 lineal feet of street frontage and accompany the trees with a variety of shrubs and ground covers. A minimum of eight shrubs per tree plus perennial flowerbeds, ground cover or grass lawn is required.
(5)
Sight triangle: Provide adequate sight lines for an effective sight triangle per the Town Code. Plant roadways with landscape materials that do not interfere with the visibility of the motorist. Plant trees a minimum of three feet from the back of the curb.
(6)
Parking lots are necessary features of building sites that can, if not designed properly, visually detract from the overall development character. Parking lots within the subdistricts developed under the IMUPDD should be designed to blend with each building site's character using landscape plantings and grading.
(a)
A minimum of one tree per 20 parking spaces (average equivalent) is required in all parking lots, to be planted in islands, medians, and perimeter areas adjacent to lots (excluding streetscape tree plantings). Utilize landscaped islands and medians to improve the definition of circulation patterns, provide shading for paved areas and break up continuous rows of parking. All parking areas shall be landscaped, including landscaped islands.
(b)
All parking lots over 15,000 square feet shall provide at a minimum that every other double-loaded parking area where possible shall be separated by a minimum landscape division of six feet. Said areas shall be planted with trees at an average of one tree for every 30 feet. The plant spacing herein is for the purpose of determining the number of plants to be provided and not to dictate the design thereof. Clustering of plants in natural patterns is highly encouraged.
§ 68-723 Exterior lighting.
§ 68-724 Permitted encroachments.
A.
The following encroachments are hereby permitted:
(1)
All lighting, cornices, eaves, gutters, chimneys, awnings, signs, or bay windows projecting not more than 48 inches.
(2)
One-story open porches and terraces not exceeding five feet in height and projecting not more than 10 feet.
(3)
One-story enclosed vestibules not greater than 12 feet wide.
(4)
Guard booths, flagpoles, identification signs, sculptures, seating, street furniture or gazebos.
(5)
Shielded mechanical systems.
§ 68-725 Determination by Planning Board.
§ 68-726 Open development area.
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 Town Engineer at the time of site plan review.
§ 68-727 Signs.
A.
Intent; maintenance.
(1)
This section is intended to control outdoor signs of all types and in all subdistricts by regulating the size, location, quantity, quality, content and design in order to:
(a)
Protect the safety of the public.
(b)
Enhance the aesthetic environment of the IMUPDD.
(c)
Reduce motorist distraction.
(d)
Provide for uniform design standards.
(e)
Encourage excellence in sign design.
(f)
Improve business identification and sign comprehension.
(g)
Limit the use of energy in sign design and maintenance.
(2)
All signs shall be maintained in a neat, safe and workable condition at all times.
B.
Permitted signs.
(1)
Permitted signs may only identify the person, the establishment, or the principal product and/or service available on the premises which contains the sign.
(2)
The following signs are permitted in the IMUPDD:
(a)
Address: a sign identifying the number and/or name of the occupant of a unit.
(b)
Public interest: a sign containing a cautionary message, such as "beware of dog" or "no trespassing," or an informational message, such as "exit" or "parking."
(c)
Place/identity: a sign identifying the development, residential neighborhood or public facility.
(d)
Monument/common tenant: a sign identifying multiple retail tenants in a development. This may include both the development's name and the tenants' names and/or logos.
(e)
Institutional: a sign identifying a club, association, school, hospital, church, firehouse, nursing home, care facility, boardinghouse, institution or cemetery.
(f)
Real estate: a sign indicating exclusively the sale, rental, lease or development of the premises upon which it stands.
(g)
Contractor's: a sign identifying the contractor or contractors doing work on the premises or building which contains the sign.
(h)
Office: a sign identifying any office building or office use.
(i)
Business: a sign identifying an establishment which retails a product or provides a service or entertainment to the general public as distinguished from places, institutions, or offices and which is permitted in all business districts.
(j)
Industrial: a sign identifying an establishment which produces or assembles a product or warehouses a product and which is permitted in all industrial districts.
(k)
Marquee: a sign identifying motion pictures or events which are subject to frequent change. A marquee sign is only permitted when associated with an entertainment/club, public, or civic facility. Marquees are fixed signs that may be digital in nature and change regularly.
(l)
Directory: a sign identifying two or more persons, agencies or establishments, located in a place or location common to all.
(m)
Corporate lawn: a sign identifying an office, industrial or business establishment that is designed to integrate into the landscape the character of the subject parcel. Such signs shall be architecturally compatible with the building(s) and site and must be located in a landscaped lawn area.
(n)
Directional: a sign located outdoors which guides, instructs or directs viewers to a place or event.
(3)
Any sign permitted in this section is allowed to contain noncommercial copy.
(4)
This section does not apply to public art or historic/replica signage or environmental graphics applied on building facades or freestanding structures.
(5)
For purposes of signage, the area of a sign shall be the area of a rectangle, the sides of which completely enclose the sign, excluding structural supports. All references to height refer to the vertical dimension of this rectangle. The overall height of the sign and structure shall correspond to building heights established in the IMUPDD.
C.
Prohibited signs. Any sign not specifically permitted is prohibited. Prohibited signs include, but are not limited to, the following:
(1)
Any sign which is dangerous or hazardous, as determined by the Commissioner of Planning and Development, to public safety by virtue of its maintenance, structure, or projection.
(2)
Any sign which obstructs the visibility of drivers or which conflicts with or obstructs a traffic control device for any reason.
(3)
Any sign which obstructs a required window or door in such a manner as to prevent free egress or ingress.
(4)
Mobile or portable signs.
(5)
Flashing (nondigital), revolving, moving, sound-producing or animated signs, including signs which have the capability of motion in whole or in part, except signs which display time and/or temperature exclusively.
(6)
Commercial billboard which is rented or used to advertise a product, service or establishment which is not the principal product, service or establishment found on the property containing the billboard.
(7)
Any sign attached to a tree, telephone pole, portable object or to the face of another sign.
(8)
Any sign which uses breakable glass in its construction, except glass used in illumination.
(9)
Any sign in any street right-of-way.
(10)
Any sign attached to a fence, except by written permission of the Commissioner of Planning and Development.
(11)
Light box signs.
(12)
Roof signs or any other sign exceeding the height of the top story of any building.
D.
Type and quality of permitted signs. All signs within the IMUPDD shall be either ground, facial, window, awning or canvas signs unless otherwise provided herein.
(1)
Monument/common tenant:
(a)
A monument/common tenant sign is permitted to identify multiple retail tenants in a development. This may include the development's name as well as the tenants' names and/or logos.
(b)
Quantity. One monument/common tenant sign is permitted per 1,000 feet of roadway frontage on any road within the jurisdiction of the New York State Department of Transportation.
(c)
Sign area. The maximum area of a monument/common tenant sign may not exceed 500 square feet. Any sign may be double-faced, and only one face shall be used in determining conformity to sign area limitation.
(d)
Height. The maximum height of a monument/common tenant sign shall be 35 feet.
(e)
Setback. The setback of a monument/common tenant sign is the shortest horizontal measurement from the property line to any part of the sign. A monument/common tenant sign may be erected within one foot of a street right-of-way only if the sign is certified by a registered architect or engineer to be able to withstand a one-hundred-mile-per-hour wind.
(f)
Construction. All monument/common tenant signs must be protected from vehicular damage.
(g)
Illumination. Illumination of monument/common tenant signs may be direct, indirect, or internal.
(h)
Design. All monument/common tenant signs shall be constructed to reflect the architecture of the development in general. All tenant signs shall use either channel letters, halo-lit letters, carved wood or similar material, or a similar design approved by the Commissioner of Planning or his/her designee.
(2)
Ground sign: a freestanding sign attached to a structure which is intended and designed only to support the sign and which is embedded in the ground or anchored in concrete.
(a)
A ground sign is permitted to identify a building or use within a building only if the building which it serves to identify is set back more than 25 feet from the street curb or edge of the street pavement.
(b)
Quantity. One ground sign per building is permitted, except public interest signs, which are permitted as required to safely convey the message. Where two or more persons, agencies or establishments are located in a place or location common to all, such as a shopping center or an office complex, or where separate facilities share a common parking area, one ground sign per building is permitted in a common location. Real estate signs may be attached to an existing sign as the need arises.
(c)
Sign area. The maximum area of a ground sign may not exceed 64 square feet. Any sign may be double-faced, and only one face shall be used in determining conformity to sign area limitation.
(d)
Height. The maximum height of a ground sign shall be eight feet.
(e)
Setback. The setback of a ground sign is the shortest horizontal measurement from the property line to any part of the sign. A ground sign shall be set back from any street, right-of-way, property line or required buffer a horizontal distance equal to the height of the sign. A ground sign may be erected within one foot of a street right-of-way only if the sign is certified by a registered architect or engineer to be able to withstand a one-hundred-mile-per-hour wind.
(f)
Construction. All ground signs, except in residential areas, must be protected from vehicular damage as determined by the Commissioner of Planning and Development.
(g)
Illumination. Illumination of ground signs may be direct, indirect, or internal.
(3)
Facial sign: a sign painted on, applied on or otherwise attached to a wall of a building or storefront and designed as a unified message.
(a)
Quantity. Only one facial sign is permitted per face of the storefront or establishment. Where an establishment has additional exterior walls which are visible from the main thoroughfare, each such wall may have one facial sign (secondary), but not more than two such additional facial signs are permitted.
(b)
Area. The area of a facial sign shall be the area of a rectangle, the sides of which completely enclose the sign or letters which are attached to the face of the building. The maximum area of a facial sign may not exceed two times the width of the individual storefront or establishment.
(c)
Illumination. Illumination of ground signs may be direct, indirect, or internal.
(d)
Appearance. Facial signs existing in a shopping center shall be of uniform design, including materials.
(4)
Window sign: a sign entirely contained inside a building and which is comprehensible from the street. Such signs are permitted to allow for the notification of products on the premises, merchandise sales, rental or sale of the premises or special events to be held within the building containing the window sign. Window signs are subject to the area limitations as set forth in the Schedule of Sign Regulations.
(5)
Awning sign: a sign painted on a retractable window awning which identifies only the name of the establishment.
(6)
Canvas sign: a stationary sign constructed for fire-retardant canvas or similar material on a fire-retardant frame. Canvas signs shall conform to the requirements of facial signs with respect to quantity, area, height, construction and illumination.
E.
In addition, the following conditions shall also apply to the following sign types:
(1)
Address. Maximum area: one square foot.
(2)
Public interest. Maximum area: two square feet.
(4)
Real estate. Maximum area: six square feet.
(5)
Contractor's. Maximum area: 12 square feet.
(6)
Marquee. Maximum area: three times the width of storefront.
(7)
Directional. Maximum area: 50 square feet with a maximum of two directional signs.
§ 68-728 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.