Islip City Zoning Code
ARTICLE VA
Use District Regulations: Ocean Front Dune District AAAB
§ 68-59.1 Intent.
A.
It is the Town Board's intent to provide for the health, safety and welfare of residents and visitors of Islip on both the mainland and the barrier beach known as "Fire Island" by the protection of the barrier beach through this chapter from development which does not take into consideration the natural function of a barrier beach and its ecological systems.
B.
The Town Board hereby states its concern about life and property due to the overdevelopment of Fire Island both on the mainland and the aforesaid barrier beach. The Town Board is in full agreement with the United States Department of the Interior's general intent for preservation of Fire Island as a unique resource for present and future generations, consistent with the General Management Plan for the Fire Island National Seashore.
§ 68-59.2 Boundaries and composition of Dune District.
The Dune District shall consist of all lots that are within or on the Dune District boundary lines shown as such on the Amended Zoning Map of the Town of Islip. The southerly boundary line shall be the mean high-tide line, and the northern boundary line shall be 100 feet landward of the crest of the primary dune. Where breaches exist in the dune form, a line has been established that represents the general trend in the dune crest and delineates a zone of dynamic dune formation. This Dune District has also been based upon the Federal Insurance Administration's Flood Hazard Boundary Map H-01-34, Zone V-10 (areas of special flood hazard, with velocity, that are inundated by tidal floods) and the Dune District boundary as shown for the Lighthouse Management Unit in the General Management Plan for the Fire Island National Seashore. All lands zoned within this District shall be deemed zoned and mapped in the Residence AAAB District, and all of the provisions of said District, as contained in Article XI, §§ 68-135 through 68-149.3, are fully applicable to all lands zoned and mapped within the District. The provisions of this article shall be applied and are intended to be an Overlay District, superimposed upon and in addition to the requirements of the BAA District, Article XI.
§ 68-59.3 Permitted uses.
A.
In a Residence AAAB District, no building, structure or premises shall be used or occupied and no building or part thereof or other structure shall be so erected or altered except for one or more of the following purposes:
B.
Additional structures and accessory buildings may be erected on the same lot, provided that all requirements of this article are met.
§ 68-59.4 Uses permitted by special permit from Town Board after public hearing.
The following uses shall be permitted upon issuance of a special permit by the Town Board after a public hearing:
§ 68-59.5 Accessory uses.
A.
The following accessory uses shall be permitted when located on the same lot as and when clearly incidental to the principal use:
[Amended 12-17-2019]
(2)
Other customary accessory uses, structures and buildings, excluding garages and guesthouses and including but not limited to sheds for storage, decks and ramps and aboveground swimming pools, subject to compliance with all other applicable provisions of this article and of the Code of the Town of Islip. No accessory use shall be equipped with cooking facilities. An accessory use does not include any activity commonly conducted as a business.
(3)
Refuse enclosures not to exceed four feet by six feet and bicycle racks/platforms in the primary front yard shall be permitted as accessory structures and shall not be subject to set back requirements or building permits.
[Amended 9-15-2020]
B.
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.
§ 68-59.6 Height.
A.
In a Residence AAAB District, no building or structure shall be erected to a height in excess of 28 feet. In no case shall a building or structure exceed two stories in height.
[Amended 3-9-2021]
B.
Accessory buildings shall not exceed 14 feet in height.
C.
Exceptions subject to Town Board approval. The following, after receiving Town Board approval, shall be exceptions:
D.
Flagpoles shall not exceed 18 feet in height.
[Added 9-11-2001]
§ 68-59.7 (Reserved) [1]
[1]
Editor’s Note: Former § 68-59.7, Percentage of lot occupancy and floor area ratio, as amended, was repealed 10-25-2011.
§ 68-59.8 Area density.
A.
The minimum required plot area for a single-family dwelling shall be 6,000 square feet.
B.
The minimum required plot area for other permitted buildings not accessory buildings shall be 20,000 square feet.
C.
Separate ownership. A single-family dwelling may be erected on any lot which was separately owned at the time of passage of this article or on any lot separately owned at the time of any amendment thereto heretofore adopted and which has not come into common ownership with adjoining property and which conforms to the area density requirements of the amended zoning ordinance prior to any such amendment and which conforms to all other minimum requirements of this chapter.
§ 68-59.9 Living area.
A.
For a single-family dwelling hereafter erected, the minimum required ground floor area, exclusive of accessory uses, such as open porches, breezeways, sheds, decks, ramps and other such uses, shall be 600 square feet.
C.
The maximum total floor area for a single-family dwelling hereafter erected, inclusive of all accessory uses, shall not exceed an FAR of 0.30.
E.
For the purpose of this article, "deck" shall be defined as a single- or multilevel flat, floored, roofless structure more than four feet in width which is designed as an accessory use to a dwelling. No part of a deck shall be closer than five feet to any side yard property line or 15 feet from any front yard or rear yard property line.
§ 68-59.10 Width of lot.
B.
Exception. A lot need not have the required width throughout, as long as the following requirements are met:
(1)
Said lot is 60 feet in width as measured parallel to and 25 feet back from the front property line.
(2)
Said lot has frontage on a cul-de-sac or 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.
(3)
Said lot otherwise complies with all the requirements of this article.
C.
Separate ownership. A single-family dwelling may be erected on any lot which was separately owned at the time of passage of this article or on any lot separately owned at the time of any amendment thereto heretofore adopted and which has not come into common ownership with adjoining property and conforms to the width of lot requirements of the amended zoning ordinance prior to any such amendment and conforms to all other minimum requirements of this article.
§ 68-59.11 Front yard.
A.
Main buildings. All main buildings except accessory buildings hereafter erected shall have a required front yard of 25 feet.
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 15 feet.
C.
Through lots. A minimum front yard setback of 25 feet shall be required on both street frontages on a through lot.
D.
Accessory buildings.
§ 68-59.12 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 25 feet with a minimum width of either of such side yards of 10 feet.
B.
Other permitted buildings. The sum of the width of the two side yards for any other permitted building not an accessory building shall be 30 feet with a minimum width of either of such side yards of 15 feet.
§ 68-59.13 Rear yard.
A.
Dwellings and other permitted buildings. All main buildings hereafter erected shall have a minimum rear yard whose depth is not less than 25 feet.
§ 68-59.13.1 (Reserved) [1]
[1]
Editor's Note: Former § 68-59.13.1, Building separation, was repealed 6-8-2010.
§ 68-59.14 Permitted encroachments.
The following encroachments are hereby permitted:
§ 68-59.16 Fences.
(See Article XXX.)
§ 68-59.17 Swimming pools.
A.
No in-ground swimming pools, in-ground wading pools, in-ground water use structures of this or a similar type shall be erected. As stated in the Town of Islip Comprehensive Plan, Fire Island should continue to serve two major functions:
B.
The Town Board finds that the above uses therefore represent an overintensification of property use on Fire Island in light of the high development density of the area, an intrusion on the peace and tranquilty of living styles on Fire Island and an unnecessary accessory use to a residential dwelling in light of the swimming and bathing opportunities readily available to all residents of the beach.
C.
Aboveground swimming pools shall be permitted as of right as an accessory use, provided that the following requirements are met:
D.
Aboveground swimming pools shall be permitted as an accessory use on a parcel of land having less than 12,000 square feet only after application is made to and granted by the Islip Town Zoning Board of Appeals.
[Added 5-28-2008]
§ 68-59.18 (Reserved) [1]
[1]
Editor's Note: Former ~ 68-59.18, Temporary special exception to erect and maintain aboveground swimming pools, was repealed 5-28-2008.
§ 68-59.19 Special procedures.
A.
Before any permit concerning a building, structure or premises or part thereof, its use or occupation of its alteration or erection is issued, the applicant must comply with the procedure set forth in the Environmental Quality Review Ordinance, Chapter 13B.
B.
The National Park Service shall hereafter be granted the right to be a party to any Town hearings on permit applications concerning Fire Island.