Islip City Zoning Code
ARTICLE V
Use District Regulations: Residence AAA District
§ 68-45 Permitted uses.
[Amended 3-6-1973; 10-2-1984; 4-8-1997]
In a Residence AAA District, no building, structure or premises shall be used or occupied, and no building or part thereof or other structure shall be so erected or altered, except for one of the following purposes:
A.
Single-family detached dwelling.
B.
Church or similar place of worship, parish house, public or parochial school, public library or municipal building, provided that a minimum buffer area of 25 feet in width in accordance with Town standards is provided and maintained adjacent to all residential uses or zones and a site plan is submitted to and approved by the Planning Board or its designee indicating compliance with all applicable land development standards.
[Amended 3-23-1999; 3-14-2023]
C.
Municipal use, including, but not limited to, park, playground, or recreation building or use.
[Amended 3-14-2023]
D.
Railway right-of-way or passenger station, but not including railway yards or freight stations.
E.
Agriculture or nursery uses, including the retail sale of products raised on the premises, provided that a minimum buffer area of 25 feet in width in accordance with Town standards is provided and maintained adjacent to all residential uses or zones and a site plan is submitted to and approved by the Planning Board or its designee indicating compliance with all applicable land development standards.
[Amended 1-14-2003]
§ 68-46 Uses permitted by special permit from Town Board after public hearing.
[Amended 10-3-1989; 4-8-1997; 4-5-2005]
A.
Seasonal residential community, provided that a minimum overall lot size of 225 acres is provided with an overall yield not to exceed one dwelling unit for every 30,000 square feet of overall lot area in a Residence AAA District only. A maximum of 15 dwelling units within a seasonal residential community may be utilized for year-round housing purposes.
§ 68-46.1 Uses permitted by special permit from Planning Board after due public hearing.
[Added 3-23-1999; amended 4-5-2005]
A.
Private club mooring wharf for pleasure craft only, provided that there is no repair work or sale of any products on the premises.
[Amended 8-5-2014]
B.
Automobile parking field, provided that the field shall be used for parking automobiles in conjunction with a use allowed in a Residential AAA District and a site plan is submitted to and approved by the Planning Board or its designee indicating compliance with all applicable requirements, including the provisions of a buffer in accordance with Town standards.
C.
Private membership club, fraternity or lodge; provided, however, that no use shall be permitted when conducted for gain, profit or as a commercial venture.
D.
Cemetery.
§ 68-47 Uses permitted as special exception by Board of Appeals after public hearing.
A.
Public utility where no commercial office, repair or storage facilities are maintained.
B.
Community building.
E.
Private boathouse or bathhouse when not an accessory use to a one-family dwelling.
F.
Historical or memorial monument.
G.
Model house for a period of six months, renewable for additional six-month periods, but in no event longer than a total of two years.
§ 68-47.1 Prohibited uses.
[Added 9-2-1980; amended 10-16-1984; 9-8-1997; 4-5-2005; 12-12-2006; 5-21-2013]
All uses not expressly permitted are prohibited, including but not limited to the following:
C.
It shall be unlawful to park or allow to be parked, overnight from 9:00 p.m. to 6:00 a.m., any unregistered vehicles, commercial equipment, or all-terrain vehicle in the right-of-way of any Town roadway.
D.
It shall be unlawful to place or allow to be placed portable storage units on occupied residential property, except for a period not to exceed three months, subject to obtaining a permit from the Building Division. No more than one renewal of said permit shall be permitted.
E.
It shall be unlawful to mechanically test any unregistered vehicles, commercial equipment or all-terrain vehicles in the right-of-way of any Town roadway.
§ 68-48 Accessory uses.
[Amended 10-3-1978; 5-6-1980; 9-2-1980; 2-7-1984; 5-7-1985; 4-8-1997; 9-11-2001; 1-14-2003; 6-12-2007; 2-24-2009; 10-13-2010; 5-10-2011; 5-21-2013; 2-28-2017; 11-19-2019; 12-17-2019; 7-20-2021; 7-20-2021; 3-14-2023; 5-14-2024; 12-17-2024; 4-8-2025]
A.
Permitted accessory uses.
(1)
The following accessory uses shall be permitted when located on the same lot with the authorized use:
(a)
Private garages, provided that the gross floor area of garage space does not exceed the ground floor living area of the main dwelling. The design of any private garage shall be compatible with the residential character of the area. Use of exposed concrete block exceeding 20% of the façade, or similar materials, shall be prohibited.
[1]
Garages attached to a main structure with a shared wall may not exceed the height of the principal building utilized for the principal use. Buildings attached to the principal structure by a breezeway extending beyond 10 feet must meet accessory structure setbacks and regulations; for breezeways of 10 feet or less, main building setbacks and regulations must be adhered to, other than building height, which must meet accessory structure regulations.
[2]
Detached garages must adhere to accessory structure regulations.
(b)
Home occupation.
(c)
Residential docks.
[1]
It shall be the policy of the Town of Islip that all docks shall be designed, constructed and located so as to reduce a dock's potential adverse impacts to navigation, public safety, harbor area congestion, access to public trust lands and water, aesthetics, natural resources, habitats and the bottoms of harbor areas. Conformance to the following standards will serve as a basis for granting, denying, or limiting permits for the construction of docks.
[2]
The standards for a residential dock shall be as follows:
[a]
In no case shall the dock length exceed beyond a water depth of four feet below the low water mark as measured at average tide. For this provision only, dock length shall include the fixed dock, ramp and floating docks, and any boat berthed at the docks, but in any event not to exceed 50 feet in length, or exceed 25% of the width of the harbor area, whichever of these provisions is less.
[b]
Only one residential dock may be constructed per residential lot, provided that the underwater land is not owned by the County of Suffolk or another private property owner, such as a neighbor.
[c]
A residential dock and any part thereof, or any vessel tied to a dock, may not be located within or impinge upon that area located within 10 feet any adjacent property line.
[d]
A residential dock and associated mooring piles must be configured so that no more vessel berths are created than there are number of permitted boats as per § 68-48A(1)(f);
[e]
The width of any single float or floating dock may not exceed eight feet in width nor 20 feet in length and shall be secured or installed in such a manner that the float shall not rest on the bottom of the harbor area at any time during the tidal cycle.
(e)
(Reserved)
(f)
Boat berths: one for every 35 feet of water frontage up to three, or as determined by the Planning Board in a subdivision map at the time of plat approval.
(g)
Outside boat storage on land. Boats may be stored, subject to the following regulations:
[1]
Boat storage on land for boats 25 feet or less, is restricted to the rear yard, side yard and driveway; Boat storage on land for boats over 25 feet is restricted to the rear yard and shall be required to meet the requirements of an accessory structure;
[2]
Any boat(s) stored on land may not encroach upon a public right-of-way;
[3]
Any boat(s) stored pursuant to this section which are required to be registered with the New York State Department of Motor Vehicles and/or documented by the United States Coast Guard must have a current registration and/or documentation.
(h)
(Reserved)
(i)
Decorative ponds.
(j)
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.
(k)
Child day-care center as an accessory use to a church or similar place of worship, community building or educational institution.
(l)
Residential day care. The following regulations shall apply to residential day cares, as defined in § 68-3 of this chapter:
[1]
Must be licensed and registered by the Long Island regional headquarters of the New York State Office of Children and Family Services (NYS OCFS), who are responsible for registration, licensing and enforcement of residential day cares in Suffolk County.
[2]
A residential day-care provider must meet all New York State building codes, New York State Health Department Codes, and all New York State Office of Children and Family Services requirements for residential day cares.
(m)
Permanent auxiliary power generators.
(n)
Roof mounted or ground mounted solar panels, provided that they remain within the perimeter of a dwelling or accessory building if roof mounted, or the setbacks, height, and rear yard coverage permitted for accessory buildings if ground mounted.
(o)
Fixed equipment associated with the operation and maintenance of a pool, including, but not limited to, pool heaters and pool filters.
(p)
Thrift shop as an accessory use to a church or similar place of worship, provided the following criteria is met:
[1]
Any structure or portion thereof dedicated to a thrift shop may not exceed 10% of the total gross floor area of the principal structure on the property.
[2]
The thrift shop must be clearly subordinate to, and may not operate without, a primary, permitted place of worship located on the same property.
[3]
The use must be clearly operated and sponsored by the primary place of worship.
[4]
The products distributed within the shop must be donated and the thrift shop may not operate as a typical retail store, Proceeds from any sales must go to the sponsoring nonprofit.
[5]
All other standard accessory structure setbacks shall apply.
(q)
Recreational vehicle (RV) storage.
[1]
Storage of a recreational vehicle (RV) that is less than or equal to 25 feet in length, is restricted to the rear yard, through lot front yard, side yard and driveway, behind the front line of the dwelling and shall be set back a minimum of four feet from all other property lines.
[2]
Storage of a recreational vehicle (RV) that is in excess of 25 feet in length, is restricted to the rear yard or through lot front yard and shall be set back a minimum of four feet from all property lines.
[3]
Storage of a recreational vehicle (RV) may not encroach upon a public right-of-way.
[4]
Any RVs stored pursuant to this section which are required to be registered with the New York State Department of Motor Vehicles must have a current registration.
(r)
A parsonage as an accessory use to a house of worship, provided the dwelling meets the dimensional zoning requirements of a single-family dwelling of the underlying zoning district.
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.
§ 68-49 Height.
A.
In a Residential AAA District, no principal building or structure shall be erected to a height in excess of 35 feet or 2 1/2 stories.
[Amended 1-14-2003; 4-5-2005]
B.
Accessory structures shall not exceed 14 feet in height or shall be a maximum of one story, whichever is less.
[Amended 1-14-2003]
D.
Exceptions:
(1)
The provision hereof shall not apply to the height of architectural elements of a church or similar place of worship, including but not limited to a steeple or a dome, or a monument, chimney, water tank or elevator.
[Amended 4-8-1997; 10-25-2011]
(2)
In the event such structures as excepted by § 68-49D(1) are within 1 1/2 miles of an established airport, then approval by the Federal Aviation Agency shall be secured and any and all conditions met.[2]
[2]
Editor’s Note: Former Subsection D(3), regarding the maximum height permitted for a principal structure requiring an increased first floor elevation, added 12-2-2008, and which immediately followed this subsection, was repealed 3-5-2013.
E.
All new dwelling entrance platforms, stoops or terraces shall not exceed three feet in height. The Commissioner of Planning and Development, or the Commissioner's designee, may vary this requirement upon a showing of necessity to enter the permitted building from a greater height. Only that height that is necessary to safely enter the dwelling from average grade may be permitted upon the determination of the Commissioner.
[Added 4-5-2005]
§ 68-50 Percentage of lot occupancy and floor area ratio.
[Amended 11-1-1988; 1-14-2003]
A.
The total building area, including all buildings, shall not exceed an FAR of 0.25.
B.
Accessory buildings shall not occupy more than 10% of the total lot area nor more than 25% of the rear yard area.
C.
A minimum of 40% of the rear yard shall be landscaped and shall not be surfaced in part or whole with concrete, asphalt, or other surface material, but shall contain earth.
[Amended 10-25-2011; 12-17-2019; 9-15-2020]
§ 68-51 Area density.
§ 68-52 Living area.
A.
For a single-family dwelling hereafter erected, the minimum required ground floor area, exclusive of attached garages, carports, open porches and breezeways, shall be:
(1)
For a one-story dwelling, 900 square feet.
(2)
For a two-story dwelling where the second story contains the same living area as the first story, the minimum ground floor area shall be 650 square feet, and both stories must be finished in accordance with the provisions of the New York State Building Code.
(3)
For all other types of dwellings, the minimum living area of the ground floor shall be 750 square feet; provided, however, that at least 150 square feet of living area above the ground floor must be finished in accordance with the provisions of the New York State Building Code.
B.
For the purpose of this ordinance, "ground floor area" shall mean the area within the exterior walls of the dwelling at grade level, and further provided that the distance from floor to ceiling shall not be more than 50% below grade.
§ 68-53 Width of lot.
B.
Exception. A lot need not have the required width throughout, so long as:
(1)
Said lot is 150 feet in width as measured parallel to and 50 feet back from the front property line, and
(2)
Said lot has frontage on a cul-de-sac curvilinear road where the side lines of the lot are straight but not parallel, and has a minimum width of 50 feet at the front property line, and
(3)
Said lot otherwise complies with all requirements of this ordinance.
§ 68-54 Front yard.
A.
Main buildings. All buildings except accessory buildings hereafter erected shall have a minimum required front yard of 50 feet.
[Amended 5-14-2024]
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 50 feet.
C.
Through lots. A minimum front yard setback of 50 feet shall be required on both street frontages on a through lot.
D.
Accessory structures.
[Amended 1-14-2003; 8-5-2014]
(1)
In addition to any other applicable requirements, accessory structures may be placed no closer behind the front line of the main building, as defined in § 68-3, Definitions, than the following distances:
[Amended 5-21-2013; 5-14-2024]
(2)
Accessory structures on corner lots shall also have a minimum front yard setback from the side street of 55 feet, or the arterial highway setback, whichever is greater.
(3)
No accessory structure in the front yard shall be used to house poultry, as that term is defined in § 12-32 of the Islip Town Code.
[Added 7-19-2011]
(4)
Accessory structures on through lots shall also have a minimum front yard setback from the through lot front yard of 40 feet.
[Added 9-15-2020]
§ 68-55 Side yards.
A.
Dwellings. All main buildings hereafter erected shall have a side yard along each lot line other than a street or rear line. The sum of the width of the two side yards for a single-family dwelling shall be a minimum of 60 feet with a minimum width of either of such side yards of 25 feet.
B.
Other permitted buildings. The sum of the width of the side yards for other permitted buildings shall be 60 feet with a minimum width of either of such yards of 30 feet.
C.
Accessory buildings.
[Amended 9-12-2000; 7-19-2011]
(1)
No accessory building of 144 square feet or less shall be closer to any side yard than two feet. Accessory buildings greater than 144 square feet and less than 500 square feet shall not be closer to any side yard than four feet. Accessory buildings 500 square feet and larger shall not be closer to any side yard than 10 feet.
[Amended 2-28-2017]
§ 68-56 Rear yard.
A.
Main buildings. All main buildings hereafter erected shall have a minimum rear yard whose depth is not less than 40 feet.
B.
Accessory buildings.
(1)
No accessory building of 144 square feet or less shall be closer to any rear yard than two feet. Accessory buildings greater than 144 square feet and less than 500 square feet shall not be nearer to a rear line than four feet. Accessory buildings 500 square feet and larger shall not be closer to any rear yard than 10 feet.
[Amended 9-12-2000; 2-28-2017]
(2)
Accessory buildings used to house poultry, as that term is defined in § 12-32 of the Islip Town Code, shall not be closer to any rear yard than 10 feet, irrespective of the structure's square footage.
[Added 7-19-2011[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection B(2) as Subsection B(3).
(3)
Accessory buildings shall not occupy more than 25% of the rear yard area.
§ 68-56.1 (Reserved) [1]
[1]
Editor's Note: Former § 68-56.1, Building separation, was repealed 6-8-2010.
§ 68-57 Permitted encroachments.
The following encroachments are hereby permitted:
A.
Cornices, eaves, gutters and chimneys projecting not more than 24 inches.
B.
Bay windows and fireplaces not wider than six feet and not projecting more than 24 inches.
C.
Open and unroofed entrance platforms or terraces not more than six feet in width nor more than three feet in height. The Commissioner of Planning and Development, or the Commissioner's designee, may vary this requirement upon a showing of necessity to enter the permitted building from a greater height or distance. Only that height or distance that is necessary to enter the dwelling from average grade may be permitted.
[Amended 1-14-2003; 4-5-2005]
D.
Unenclosed porches encroaching not more than eight feet from the minimum front yard requirement and not more than three feet in height as measured from the existing grade of property. This exemption shall not apply to nonconforming front yard setbacks and nonconforming uses. In no case shall any unenclosed porch have a depth, at any point, greater than 10 feet. Depth shall be measured from the furthest point of the front line of the main dwelling from the street property line to the outside face of the porch. Existing entrances where a roof overhang is added shall be exempt from the maximum height of three feet. In those instances, the existing height of the entranceway shall remain.
[Added 9-11-2001; amended 1-14-2003; 8-5-2014; 9-15-2020]
E.
Open and unroofed decks encroaching not more than eight feet from the minimum front yard requirement and not more than three feet in height as measured from the existing grade of property. This exemption shall not apply to nonconforming uses. In no case shall any open or unroofed deck have a depth, at any point, greater than 10 feet. Depth shall be measured from the furthest point of the front line of the main dwelling from the street property line to the outside face of the deck.
[Added 9-11-2001; amended 1-14-2003; 8-5-2014]
F.
Basement entranceways, covered or uncovered, may extend up to six feet into any required side and rear yards, provided that they are connected to the main building and are no higher than 2.5 feet above grade at any point. This exemption shall not apply to front yards, secondary front yards, nonconforming side or rear yard setbacks and nonconforming uses.
[Added 9-11-2001; amended 9-15-2020]
G.
Subsurface emergency escape and rescue openings and window wells, provided that no portion of same is more than six inches above grade. These shall be permitted up to three feet into any conforming setback.
[Added 12-12-2006]
§ 68-58 (Reserved) [1]
§ 68-59 Fences.
(See Article XXX.)
§ 68-59.01 Exterior site improvements and land clearing.
[Added 4-8-1997]
A.
Parking, curbing, sidewalks, drainage, screen planting, buffers, street trees, dumpster enclosures, lighting, public improvements and all other applicable requirements of the Town Code and the Subdivision and Land Development Regulations shall be maintained unless otherwise modified or waived by the Planning Board or Town Board.
B.
The clearing of any land of trees and brush shall be governed by the provisions of the Town of Islip Subdivision and Land Development Regulations, and a permit shall be obtained prior to land clearing as such permit is required by said regulations. In the event that a building permit or site plan application is filed with the Town of Islip, then land clearing shall be prohibited until such building permit or site plan approval has been issued. For applications involving both a site plan and building permit review, no land clearing may occur until the issuance of the requested final building permit, at the determination of the Commissioner of Planning and Development.
[Amended 1-14-2003; 4-5-2005]
C.
The regrading, placement of fill, installation of walls, dumping of material, excavating, mining, or other similar disturbance of land shall be governed by the Subdivision and Land Development Regulations. Any of the above actions may be subject to a site plan review at the determination of the Town Engineer. Said determination shall be obtained prior to commencement of the action. The site plan review shall ensure that the action does not significantly alter the subject parcel so as to infringe on the health, safety and welfare of all citizens, does not negatively impact surrounding land uses and properties, and provides adequate on-site drainage to the satisfaction of the Town Engineer.
[Added 1-14-2003; amended 8-12-2003]
§ 68-59.05 Patios and decks.
[Added 3-24-1992]
(See § 68-420.2.)