Smithtown City Zoning Code
ARTICLE I
General Provisions
§ 322-1 Title and short title.
A.
The title of the Building Zone Ordinance of September 7, 1932, of the Town of Smithtown, Suffolk County, New York, as heretofore amended, is hereby amended to read as follows: "An Ordinance Regulating and Restricting the Height, Number of Stories and Size of Buildings and Other Structures, the Percentage of Lot That May Be Occupied, the Size of Yards, Courts and Other Open Spaces, the Density of Population and the Location and Use of Buildings, Structures and Land for Trade, Industry, Residence or Other Purpose, in the Town of Smithtown Outside the Limits of any Incorporated Village; and for Said Purposes Dividing the Town Outside Such Limits into Districts; and Providing Fines and Penalties for the Violation of its Provisions."
B.
Short title. This chapter shall be known and may be cited as the "Town of Smithtown Building Zone Ordinance of 1963."
§ 322-2 Declaration of purpose.
This Building Zone Ordinance is adopted for the purpose of promoting the health, safety, morals or the general welfare of the community and in furtherance of the following related and more specific objectives:
A.
To guide and regulate the orderly growth, development and redevelopment of the Town of Smithtown outside the limits of any incorporated village in accordance with a Comprehensive Plan and with long-term objectives, principles and standards deemed beneficial to the interests and welfare of the people.
B.
To protect the established character and the social and economic well-being of both private and public property.
C.
To promote, in the public interest, the utilization of land for the purposes for which it is most appropriate.
D.
To secure safety from fire, panic and other dangers and to provide adequate light, air and convenience of access.
E.
To prevent overcrowding of land or buildings and to avoid undue concentrations of population.
F.
To lessen and, where possible, to prevent traffic congestion on public streets and highways.
G.
To conserve the value of buildings and to enhance the value of land throughout the Town outside the limits of any incorporated village.
§ 322-3 Word usage; definitions.
[Last amended 5-22-2025 by Res. No. 2025-566]
A.
Scope and meaning of certain words and terms.
(1)
Unless the context clearly indicates the contrary, words used in the present tense include the future, the singular number includes the plural, and the plural includes the singular.
(2)
The word "person" includes a profit or nonprofit corporation, company, partnership or individual.
(3)
The word "shall" is mandatory and not directory; the word "may" is permissive.
(4)
The word "lot" includes the word "plot."
(5)
The word "structure" includes the word "building."
(6)
The word "use" and the word "used" refer to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.
B. AASHTO ACCESSORY CONVENIENCE SALES ACCESSORY USE, STRUCTURE OR BUILDING ACTIVE USE ADULT ENTERTAINMENT ADULT HOME ADULT RETAIL SHOP AGRICULTURE ANIMAL HOSPICE ANTENNA, DISH ASSISTED LIVING FACILITY AVERAGE NATURAL GRADE LEVEL BASEMENT BERM BOARD OF APPEALS BOARD, PLANNING BOARD, TOWN BUILDING BUILDING AREA CHIEF BUILDING INSPECTOR BUILDING LINE CAPITAL INVESTMENT CAR WASH CELLAR CLUB, COUNTRY CLUB, MEMBERSHIP, NONPROFIT COMMERCIAL ENTERTAINMENT COMMERCIAL PUBLIC RECREATION, INDOORS COMMERCIAL PUBLIC RECREATION, OUTDOORS COMMERCIAL VEHICLE COMMERCIAL VEHICLE, LARGE COMMUNITY ASSOCIATION COMMUNITY SHOPPING CENTER CONTRACTOR SHOWROOM CONVENIENCE STORE/MINI-MARKET COUNTER-SERVICE RESTAURANT DAY CAMP DAY-CARE CENTER DECK DEVELOPMENT DWELLING DWELLING, ONE-FAMILY DWELLING, TWO-FAMILY DWELLING UNIT ENVIRONMENTALLY SENSITIVE LAND(1) (2) (3) (4) (5) (6) (7) FAMILY(1) (a) (b) (c) (d) [1] [2] [3] [a] [b] [c] [d] [e] [f] [g] [4] (2) (3) (4) FAR (FLOOR AREA RATIO) FILLING STATION FITNESS CENTER FITNESS STUDIO FLOOR AREA, GROSS FLOOR AREA, MINIMUM HABITABLE FOOD RETAIL FUEL STORAGE AND DISTRIBUTION FUNCTIONALLY DEPENDENT USE GARAGE, PARKING GARAGE, PRIVATE GARAGE, REPAIR GARAGE, STORAGE GARDEN APARTMENT HEIGHT OF A STRUCTURE OR BUILDING HISTORIC STRUCTURE(1) (2) (3) HOME CENTER HOME OCCUPATION(1) (2) HOOKAH LOUNGES, VAPE STORES/LOUNGES, SMOKE SHOPS HOSPITAL HOTEL HOUSE TRAILER JUNK JUNKYARD KIOSK OR BOOTH LOCAL WATERFRONT AREA LOT LOT AREA LOT, CORNER LOT FRONTAGE LOT, INTERIOR LOT LINE LOT LINE, FRONT LOT LINE, REAR LOT, THROUGH LUMBERYARD LWRP (LOCAL WATERFRONT REVITALIZATION PROGRAM) MICROBREWERY MINI-STORAGE WAREHOUSE MIXED-USE BUILDING MOBILE HOME MODIFICATION OF ZONING PROVISIONS MOTEL MOTOR VEHICLE SHOWROOM NIGHTCLUB NONCONFORMING STRUCTURE NONCONFORMING USE NONNUISANCE INDUSTRY NURSERY NURSERY SCHOOL NURSING HOME OPEN-FRONT RESTAURANT OUTDOOR DINING AREA, PERMANENT OUTDOOR DINING AREA, SEASONAL OUTDOOR INDUSTRIAL ACTIVITIES OUTDOOR STORAGE OVERLAY DISTRICT PARKING AREA PARKING SPACE PAVED SURFACE PERSONAL WIRELESS SERVICE FACILITY (PWSF) PLANNED INDUSTRIAL PARK PLANNED RESIDENTIAL DEVELOPMENT POWER EQUIPMENT SHOP [15]PROPANE EXCHANGE PUBLIC NOTICE PUBLIC OR SEMIPUBLIC BUILDING(1) (2) (3) PUBLIC UTILITY REGIONAL SHOPPING CENTER RESEARCH LABORATORY RESTAURANT RETAIL ESTABLISHMENT, STORE OR SHOP SAND MINING SHIPPING CENTER SIGN SIGN WIDTH SOLID WASTE SPECIAL EXCEPTION USE STORY STORY, HALF STREET STREET LINE STRUCTURE SUBREGIONAL SHOPPING CENTER SWIMMING POOL TAVERN, BAR OR INN THEATER THEATER, MULTIPLEX TOWN ENGINEER TOWNHOUSE STRUCTURE TRANSFER STATION TRUCKING STATION VARIANCE VEHICLE STORAGE RACK VOCATIONAL SCHOOL WALL WAREHOUSE WHOLESALE BUSINESS WINERY WINERY EVENT YARD, FRONT YARD, REAR YARD, SIDE
Definition of terms. As used in this chapter, the following terms shall have the meanings indicated:
The American Association of State Highway and Transportation Officials.
An accessory use to a filling station whereby food, beverages, periodicals and similar items are purchased.
A subordinate use, structure or building customarily incidental to and located on the same lot occupied by the main use or building or on a contiguous lot in the same ownership. The term "accessory building" may include a private garage and/or private greenhouse.
A use that generates daily public patronage, including but not limited to bars, commercial entertainment, restaurants, museums, retail (sales and service), personal service, offices, and similar uses, and a use which provides an amenity for building residents.
A public or private establishment which presents topless dancers, strippers, male or female impersonators, exotic dancers or other similar entertainments and which establishment is customarily not open to the public generally and excludes any minor by reason of age. This use includes adult massage parlors, peep shows and adult theaters and similar types of businesses.
A residential facility under 100,000 square feet, for individuals who meet the admission standards of the applicable state law and regulations, and which is licensed or otherwise certified by the State of New York as an adult home for the purpose of providing long-term residential care, room and board, housekeeping, personal care, and related forms of assistance as required by state law and regulations.
An establishment having as a substantial or significant portion of its stock-in-trade videotapes, films, slides, books, magazines or adult accessories, whether for sale or rent, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
Includes the cultivation of the soil for food products or other useful or valuable growths of the field or garden, tillage or husbandry, but shall not include dairying, the raising of livestock, fowl or birds or other forms of animal husbandry where the same is carried on as a business or gainful operation.
All or part of the premises, buildings and facilities utilized for the purpose of taking in and providing for the care and treatment of sick, abandoned, homeless, injured, deformed and/or terminally ill animals.
A device used to transmit and/or receive electromagnetic waves between terrestrially and/or orbitally based uses wherein the device incorporates a reflective surface that is solid, open-mesh or bar-configured and is in the shape of a shallow dish, cone, horn, parabola or cornucopia.
A residential facility for individuals who meet the admission standards of the applicable state law and regulations, and which is licensed or otherwise certified by the State of New York as an assisted living facility for the purpose of providing housing, support services, personalized assistance, and health care. Such services should include, but not be limited to, providing of common meals, transportation services, medically eligible services, and related forms of assistance as required by state law and regulations.
The mean elevation of the land along and adjacent to the front of a building or structure prior to the placement of any fill thereon, or as depicted on plans previously approved in accordance with this chapter, whichever is more recent.
A story partly below grade and having not more than 1/2 its height below grade.
An artificial earthen mound that is higher than the adjacent land.
The Board of Zoning Appeals of the Town of Smithtown, New York.
The Planning Board of the Town of Smithtown, New York.
The Town Board of the Town of Smithtown, New York.[1]
A structure with a roof supported by columns or walls and having a horizontal area of more than 50 square feet.
The aggregate of the horizontal area measured around the outside of the foundation walls and of the floors of roofed porches and roofed terraces inclusive, and including the area of accessory buildings, if any.
The Chief Building Inspector of the Town of Smithtown.
That line established by the required front yard depth as the closest point to the front property line at which a building may be constructed.
The initial outlay by the owner or operator of a use to establish a business, exclusive of the fair market value of the structure in which the use is located. For nonconforming uses, the initial outlay shall be calculated up to the date the use became nonconforming.
A building or lot or part thereof containing facilities such as water pumps, self-propelled brushes, conveyor chains and dryers, used for washing motor vehicles.
A story having more than 1/2 its height below grade. A "cellar" is not included in computing the number of stories for the purpose of building height measurement.
A club for golfing, hunting, fishing, horseback riding or similar sports.
The premises, buildings and facilities utilized by a local chapter holding a valid charter from an international, national or state nonprofit membership organization or by a bona fide local nonprofit civic association, which is not operated for profit and which holds and maintains an income-tax-exempt status under the regulations and rulings of the Internal Revenue Service of the United States. Membership in the nonprofit club shall be regulated by the articles or bylaws of the club, and the club shall cater exclusively to members and their guests primarily for a social, literary, fraternal, recreational, patriotic, educational, religious or political purpose. This term shall not include a fitness center, swim club, country club, game center or commercial public use, as defined herein, and any club providing any child-care arrangement, including but not limited to day care and day camp, as defined herein, must make separate applications to the applicable entity charged with authorizing such child-care use.[2]
A room, hall or building or portion thereof which contains arcade, billiard halls, electronic or video games, escape rooms, galleries, museums, theaters, and similar uses.
Indoor recreation facilities such as bowling alleys, skating rinks, fitness centers, swimming pools, athletic fields or courts, gymnastics centers, mini golf, sports simulators, and similar facilities. This term shall not apply to facilities of any public or private grade school, high school, college or university where such facilities are used exclusively by the school’s students and/or faculty.
An outdoor recreation that includes such facilities as batting cages, swimming pools, athletic fields or courts, skating rinks, mini golf, golf courses less than 50 acres, driving ranges, go-kart racing tracks, and similar facilities. This use shall not apply to facilities within public parks or to golf courses larger than 50 acres.
Any commercially registered vehicle weighing up to 10,000 pounds gross vehicular weight and measuring up to 20 feet in length.
Any commercially registered vehicle weighing more than 10,000 pounds gross vehicular weight or measuring more than 20 feet in length.
Any membership association set up for the purposes of the ownership, maintenance and management of those areas of townhouse development held in common ownership.
A use of land, building or structures permitted in the Shopping Center Business District, which contains a minimum of 20 acres and less than 25 acres, has a minimum of 100,000 square feet of gross floor area and serves a trade area population of between 40,000 and 100,000.
An establishment of at least 3,000 square feet of floor area and used to display and place orders for windows, doors, cabinets, countertops, carpets, recreational structures, and similar items that are delivered to the customer's home or business. A contractor showroom shall not include establishments wherein customers leave the site with merchandise.
Establishment primarily engaged in the retail sale of a limited line of packaged and pre-packaged foods, beverages, newspapers, tobacco, vaping products, household products, lottery tickets, and provisions such as bread, eggs, and milk.
An eating establishment having a seating capacity of more than 16 seats, where food and/or beverages are served to patrons in their vehicles or are sold at counters inside the building and patrons are not served at tables by waiters or waitresses.
The use of a building, premises and facilities to provide daytime instruction and recreational programs for two or more children away from home. All camps operating during any summer month or months shall be licensed by the Department of Public Health of the State of New York. This term shall not be deemed an accessory use to a membership club.
Includes any child-care arrangement, public, private or parochial child-care center, school-aged child-care program, day nursery school, kindergarten, play school, or similar school or service, operating pursuant to any required authorization, license or permit of the State of New York or the County of Suffolk; any facility providing nonresidential care for three or more children or persons with disabilities or persons over 65 years of age for not more than 16 hours a day; any facility that provides child-care services, as defined in § 410-p of the New York State Social Services Law; or any child day-care center, as defined in § 390 of the New York State Social Services Law. This term shall not be deemed an accessory use to a membership club, nor shall the term apply to schools, community residences or medical facilities.
A flat-floored, roofless structure serving generally as outdoor living space. The "deck" height is the greatest vertical distance between the "deck" floor and natural or approved grade.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.
A building arranged, intended or designed to be occupied by one or more families living independently of each other upon the premises.
A building designed for and occupied exclusively as a home or residence for not more than one family.
A building designed for and occupied exclusively as a home or residence for two families.
One or more rooms with provisions for cooking, living, sanitary and sleeping facilities arranged for the use of one family.[3]
Any area with one or more of the following characteristics:
Any area of special flood hazard as defined by Chapter 168, Flood Damage Prevention, of the Town Code.
Slopes in excess of 15%.
Depth to seasonal high-water table of less than 10 feet.
A distance of less than 100 feet to the nearest surface water feature identified on the latest United States Geological Survey 6.5-minute topographic map.
Poorly drained soils, as defined by the United States Soil Conservation Service.
A habitat for protected, threatened or endangered species.
As used herein shall mean:
One, two or three persons occupying a single dwelling unit; or
Four or more persons occupying a single dwelling unit who are related by blood, marriage, legal adoption, or legal foster relationship occupying a dwelling unit and living together as a traditional family or are occupying a dwelling unit, whether or not related to each other by blood, marriage or adoption, or foster relationship, and living together as the functional equivalent of a traditional family.
It shall be presumed that four or more persons living in a single nonprofit dwelling who are not related by blood, marriage, legal adoption, or legal foster relationship do not constitute the functional equivalent of a traditional family. This presumption can be overcome only by a showing that, under the standards enumerated in Subsection (d) hereof, the group constitutes the functional equivalent of a traditional family. A determination as to the status of such group may be made in the first instance by the Chief Building Inspector or his designee, or on appeal from an order, requirement, decision, or determination made by the Chief Building Inspector or his designee, by the Board of Zoning Appeals in conformance with this chapter.
In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:
The group is one which in structure and function resembles a traditional family unit; and
The occupants must share the entire single- or one-family dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers or boarders may not be deemed to be occupied by the functional equivalent of a traditional family; and
The occupancy is permanent and stable. Evidence of such permanence and stability includes, but is not limited to:
The occupants' length of stay together in the current dwelling unit or other dwelling units;
The presence of minor children regularly residing in the household who are enrolled in local schools;
The occupants use the address of the dwelling for their vehicle registration, driver's licenses, passports, bank accounts, bills, loans, tax returns, and other licenses and permits;
The occupants share expenses for food, rent, ownership costs, utilities, and other household expenses;
Common ownership of furniture and appliances and the common use of vehicles among the members of the household;
Whether the household is a temporary living arrangement or a framework for transient living;
The household has been living together as a unit for a year or more, whether in the current dwelling unit or in other dwelling units;
Any other factor reasonably related to whether or not the occupants are the functional equivalent of a family.
Floor plans of the dwelling unit shall be submitted to the Chief Building Inspector or his designee, and on appeal if necessary to the Board of Zoning Appeals, and must conform to all Town, county, and state laws, regulations, codes, and ordinances.
Any determination under this subsection shall be limited to the status of a particular group of persons as a family and shall not be interpreted as authorizing any other use, occupancy, or activity.
The Chief Building Inspector or his designee, or the Board of Zoning Appeals, may impose such conditions and safeguards as it shall deem reasonable, necessary and/or advisable in order to maintain the stability and character of the neighborhood and protect the health, safety, and welfare of the community.
The gross floor area divided by the site area.[4]
A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A "filling station" may include accessory facilities for rendering services for motor vehicles, such as lubrication, washing and minor repairs.
A health and/or wellness facility which offers exercise, fitness, physical wellness, nutrition, health or sports programs and services to its members. This term shall not apply to athletic or gymnasium programs of any public or private grade school, high school, college or university where such programs are offered exclusively to its students and/or faculty. [5]
An establishment that primarily provides scheduled fitness courses, including such establishments as dance studios, martial arts studios, yoga studios, and similar uses. The term shall not include fitness centers.
The sum of the horizontal areas of all stories of all buildings on a site, measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, but not including accessory buildings less than 144 square feet and less than 12 feet in height, and not including cellars or half-stories.
The total horizontal area of all stories of a dwelling unit, measured between the outside walls of the building, but excluding garages, carports, open porches, terraces, utility rooms, basements and those floor areas that have a clear ceiling height of less than seven feet six inches. The "minimum habitable floor area" requirement of a dwelling with a height of more than one story shall be increased by 300 square feet to allow for stairs and additional hallway areas.
An eating establishment where the preparation and sale of food and/or beverages are served to patrons in a ready-to-consume state, primarily off the premises, where orders are generally not taken at the customers' tables but at a counter, and where food is wrapped in disposable wrapping containers. Seats may be provided for on-site consumption and/or customer waiting.
A premises other than a filling station used to store more than 5,000 gallons of flammable or hazardous solids, liquids or gases in tanks or trucks.
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair facilities. The term does not include long-term storage, manufacturing, sales or service facilities.
A building or portion thereof, not a private garage, used for the parking of motor vehicles and not used for making repairs thereto. The parking of motor vehicles under or above a building or portion thereof shall be construed as a use of the building.
An accessory building of not less than 10 feet in width and 20 feet clear interior depth from door to wall and used for the storage of not more than three private motor vehicles and for one commercial motor vehicle owned and used by the owner or tenant of the lot on which the "private garage" is erected.
Except as provided for in § 322-12M, a building used for adjustment, painting, replacement of parts or other repair of motor vehicles or parts thereof, whether or not accessory or incidental to another use, except for premises wherein the floor area for repair work is less than or equal to 49% of the floor area used for a motor vehicle show room.
An accessory building used for the storage of goods, materials or equipment, not including motor vehicles, and not used for repairs, assembly, servicing or a similar use.
A low-rise residential building or group of buildings in which dwelling units are attached at one or more common roofs, walls or floors. Each unit's habitable area shall be located above ground level.
Except as otherwise provided herein, the height of a structure or building shall be the vertical distance measured from the average natural grade level, as defined in this chapter, to the highest point of the building or structure. The highest point shall not include heating, ventilation and air-conditioning equipment; parapets; stairway and elevator bulkheads; antennas; and other minor appurtenances. In the Nissequogue River Corridor, the height of a structure or building shall be the vertical distance measured from the lowest finished grade at the foundation of the building or structure to the highest point of the building or structure. The highest point shall include heating, ventilation and air-conditioning equipment; parapets; stairway and elevator bulkheads; and antennas larger than 20 square feet measured in any vertical plane.[6]
Any structure that is:
Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
A premises which is more than five acres in size, which is used for the sale of building products, tools, garden supplies, flooring products and so forth, whose operation is located entirely within a building. For purposes of this chapter, this use is classified as a retail establishment, not otherwise listed herein, pursuant to § 322-8B.
An accessory activity of a professional or occupational nature which is conducted entirely within a dwelling unit and which is conducted solely by members of the family residing within the unit and not more than one additional person who does not reside within the unit. The use is to be clearly incidental and secondary to the residential use of the dwelling unit. Furthermore, the use shall not have an adverse effect on the surrounding residences. The following uses and similar uses are not to be permitted as occupations: beauty parlors, hairdressing and manicuring establishments, barbershops; tearooms; tourist homes; convalescent homes; funeral homes; retail or wholesale shops or stores; dancing schools; real estate offices; veterinarian offices; animals hospices; animal boarding facilities; kennels; and animal hospitals and biological or medical testing laboratories (effective October 9, 1984).
Any facility or location whose business operation, and its principal use, includes on-site indoor smoking/sale of cigarettes, cigars, pipes, tobacco, electronic cigarettes, vape pens, vapors, e-liquids, other legal marijuana derivatives or other substances. As it relates to provisions concerning hookah lounges and vape stores/lounges, the term "smoking" is defined as the inhalation of the smoke/liquid nicotine/vapors/water pipe tobacco and other substances encased in electronic cigarettes, vape pens, and pipes commonly known as "hookah," " waterpipe," "shisha," and "narghile," or any similar device.
The premises or buildings, whether publicly or privately operated, used for the diagnosis, treatment or other care of human ailments, which may include related facilities such as laboratories, training facilities, central service facilities and staff offices. A "hospital" shall not include institutions for the treatment of alcoholism, drug addiction or mental diseases. Dormitories may be permitted as accessory buildings, provided that they are limited exclusively to nurses or other staff.
A building or part thereof which has a common entrance, common heating system and general dining room and which contains seven or more living and sleeping rooms designed to be occupied by individuals or groups of individuals for compensation. A "hotel" shall not provide apartment dwelling units.
A movable single-family dwelling of more than 17 feet in length, equipped with a vehicular chassis but lacking one or more of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "mobile home."
Discarded materials including scrap metal, old iron, steel, brass, copper, tin, lead or other base metals; old cordage, rope, rags, fibers or fabrics; wastepaper; salvage materials; old machinery, equipment and parts, whether dismantled or not; and motor vehicles no longer used as such, whether for the purpose of resale of used parts or components therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other purpose; but "junk" shall not include materials or objects held and used by a manufacturer as an integral part of his own manufacturing processes. This term shall not include construction and demolition debris.
Includes a lot, land, or structure used as an automobile or vehicle salvage yard; an automobile or vehicle reduction yard; a motor vehicle junkyard; an automobile or vehicle wrecking establishment; an automobile or vehicle graveyard; a scrap metal processing yard or facility; or a vehicle dismantling yard or facility. This term shall not include a transfer station as defined herein.
A structure or building with one or more open sides designed for retail sales or service, separating its occupant from patrons or customers, whether on a public street, sidewalk, parking lot or any other portion of the lot cited property. The term "kiosk" or "booth" shall not include a telephone booth or a passenger shelter.
The area of the Town, excluding incorporated villages, described in the Town of Smithtown Local Waterfront Revitalization Program on file with the New York State Department of State.
A parcel of land, exclusive of street areas, used or designed to be used by one use or structure or by a related group of uses or structures and the accessory uses or structures customarily incident thereto, including such open spaces as are arranged or designed and required in connection with such structure or group of structures. A "lot" may or may not be the land shown as a single "lot" on a duly recorded plat or other official record.
The total horizontal area included within lot lines.
A lot with frontage on two or more intersecting streets, at their point of intersection.
The dimension measured from side lot line to side lot line, or the equivalent in the case of a corner lot, along a line parallel to the street line at the required minimum front yard depth (the building line).
Any lot other than a corner lot.
Any boundary of a lot. Any "lot line" not a rear lot line nor a front lot line shall be deemed a side lot line.
The dividing line between the lot and a street. On a corner lot, both street lines shall be considered "front lot lines."
The lot line opposite the front lot line.
A lot extending from one street to another.
A premises, less than five acres in size, which is principally used for the sale of lumber and related materials which will be used in building construction. For purposes of this chapter, lumber products shall include unfinished and finished wood, substitute wood products, roofing materials and related construction material, stored within and/or outside of a building or structure.
An establishment required to be licensed as a microbrewery by the New York State Liquor Authority.
A building or a group of buildings in a controlled-access and fenced compound that contains varying sizes of individualized, compartmentalized and controlled access stalls or lockers for the dead storage of customer's goods or wares.
A multistory structure that is designed to integrate various uses, such as office, commercial, institutional, and residential uses, with active uses occupying the ground floor. A building that is designed exclusively for one use type shall not be considered mixed use. A mixed-use building integrates uses in a coherent physical design.
A movable single-family dwelling equipped with a vehicular chassis and provided with all the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. See "house trailer."
The implementation of a plan to permit greater flexibility of the zoning requirements in certain residence districts, pursuant to the provisions of § 54-10Q.[9]
The premises and building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, with direct outside access and related office and with or without restaurant facilities, designed primarily for transient automobile travelers and provided with accessory off-street parking facilities. The term "motel" includes buildings designed as tourist courts, motor lodges, auto courts and other similar appellations but shall not be construed to include mobile or immobile trailers.
The use of any building or lot or part thereof for the sale, rent, lease or display of new or used automobiles, vans, trucks, trailers, buses, farm machinery, construction equipment, recreation vehicles or boats.[10]
An establishment, not including a membership club, that has dancing with music or live entertainment in conjunction with the consumption of alcoholic beverages.
A structure lawfully existing at the effective date of this chapter, or any amendment thereto affecting such structure, which does not conform to the Table of Dimensional Regulations of this chapter[11] for the district in which it is situated, irrespective of the use to which such structure is put.
Any use of a building, structure, lot or land or part thereof lawfully existing at the effective date of this chapter, or any amendment thereto affecting such use, which does not conform to the Table of Use Regulations of this chapter[12] for the district in which it is situated.
Any industry the manifestations of which do not extend beyond the limits of the property where it is located by reason of the emission of odor, dust, fumes, smoke, gas, vibration, light, noise or similar condition or any other condition hazardous to the community.
A building or lot or part thereof used for raising flowers, shrubs or plants for sale.
A school designed to provide daytime care and instruction for two or more children from two to five years of age, other than children of the resident family, licensed by the New York State Board of Regents and operated on a regular basis. A day camp shall not be deemed to be a "nursery school."[13]
A facility licensed or otherwise certified by the State of New York as a nursing home that provides full-time skilled nursing care.
An eating establishment where food and/or beverages are purchased at open counters and may be consumed on the premises outside the building, whether in parked vehicles or seated at outdoor tables or counters.
Any unenclosed or partially enclosed outdoor area that is adjacent to and operated as part of an enclosed sit-down restaurant and that is used for the purpose of serving food and drink to customers seated at tables. The "outdoor dining area" shall be allowed only as an accessory use to the sit-down restaurant use, as defined by the term "restaurant" in this section. It is subject to all the requirements set forth in §§ 322-9B, 322-10B[14] and 322-82C(25).
Any unenclosed or partially enclosed outdoor area that is adjacent to and operated as part of an enclosed sit-down restaurant and that operates on a seasonal (179 consecutive day) basis in any calendar year for the purpose of serving food and drink to customers seated at tables. It is subject to all the requirements set forth in § 322-12P.
Any mixing, sorting, screening, purifying, assembling, disassembling, compacting, painting, coating, finishing, or other action of any material, product, equipment, vehicle, or vessel that is not entirely within an enclosed building unless these activities are conducted for the development of a site in accordance with a valid building permit. Storage, loading, and unloading shall not be considered as an outdoor industrial activity.
The keeping, locating, storing, stockpiling, maintaining, housing or placing of any good, material or equipment of whatever kind or nature or any vehicles, vessels, or any parts thereof, any trailer or shipping or storage container, including roll-offs, between the hours of 6:00 p.m. and 8:00 a.m. in any location other than within an enclosed building.
A special purpose zoning district that overlays another zoning district of the Town, or a portion thereof, and which provides therein either more restrictive or less restrictive zoning standards than the underlying zoning district.
A lot or part thereof used for the storage or parking of motor vehicles with or without the payment of rent or charges in money and/or other consideration.
A stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area, with a minimum width of nine feet and a minimum length of 18 feet.
The land surface covered with asphalt, concrete, bricks, cobblestones, gravel, plastic or similar material.
Facility for the provision of personal wireless services, as defined by Section 704 of the Telecommunications Act of 1996. A PWSF is any unstaffed facility for the transmission and/or reception of personal wireless services, usually consisting of an antenna array, transmission cables, equipment shelter and, a mount. See Chapter 242 of the Town Code.
A community of industries grouped according to an overall master plan to guide the development and improvement of the entire industrial park tract, which shall contain a minimum of two acres.
A tract or parcel of land located in the Planned Residential Development District, controlled by legal or beneficial owner or owners or other persons with enforceable proprietary interest, inclusive of the condominium ownership and/or lessee, such land to be developed as a single entity for a number of dwelling units with lot size (if lots are present), coverage, density, bulk of buildings or other dimensional regulations which do not correspond to any one residential district established by any other Article or section of this chapter, except as set forth in Article VI of this chapter.
A building or portion thereof used to service, repair, rent, and/or sell lawnmowers, snowblowers, snowmobiles, personal watercraft, and similar equipment.
The use of land for the outdoor storage of propane cylinders for the purpose of sale, rent, lease, or trade.
Notice of the time and place of a hearing, meeting or proceeding printed in the official newspaper of the Town of Smithtown, New York, and the erection of a sign or signs on the premises, prior to the time of such hearing, meeting or proceeding, as provided by law and this chapter.
Any nonprofit school, elementary or high, accredited by the New York State Education Department; library; museum; fire station; governmental administration building; civic center; passenger transportation station or terminal; hospital; municipal garage; or church, synagogue or similar place of worship, provided that said building is not used in whole or in part for any commercial purpose.
Any building used or controlled exclusively for public purposes by any department or branch of a state, county or municipal government.
Any building used principally for religious assembly.
Persons, firms and corporations supplying gas, electricity, water, power, transportation, telegraph or telephone service to the general public; and public utility machinery and equipment, which shall include pipes, lines, wires and other conductors or conduits, materials, apparatus, poles, towers, tanks, tools, vehicles, supplies and storage facilities used by "public utilities."
A use of land, buildings or structures permitted in the Shopping Center Business District, which contains over 30 acres of land, has over 300,000 square feet of gross floor area and contains one or more full-line department stores and serves a trade area population of over 150,000.
A building for experimentation in pure or applied research design, development and production of prototype machines or devices or of new products and the uses accessory thereto. With respect to the application of this chapter, such "research laboratory" shall meet the standards of a nonnuisance industry.
An eating establishment in which food and/or beverages are prepared and served to patrons seated at tables and/or counters inside the building. The term "restaurant" shall not include the types of eating or drinking establishments commonly known as "open-front restaurants," "curb-service roadside stands," "counter-service restaurants" or establishments of the type at which food and/or beverages are consumed on the premises outside the building, nor shall it include a tavern, bar, inn, discotheque or any other similar use.
An establishment wherein goods, wares, merchandise, produce, commodities or similar articles are offered for sale or sold to the general public or the ultimate consumer. The terms "retail establishment, store or shop" shall not include any other use listed in the Table of Use Regulations.[16]
Any alteration of the surface or subsurface conditions of land by any activity that removes, deposits or disturbs rock, gravel, sand, silt, soil or any other geologic deposits. This term shall not be construed to include any site preparation activity for which a permit has been issued pursuant to the provisions of Chapters 112, Article II; 154, Article III; 245, Article IV; 248; 252; or 285 or Article XIII of this chapter of the Town Code.
A building or portion thereof used primarily to accept packages to be delivered via messenger or commercial carriers. The term "shipping center" may be combined with printing and copying services.
Any surface, fabric, device, group of letters or display arranged, intended, designed, painted, drawn, erected, hung, constructed, maintained or used to convey information visually, which is exposed to public view, upon which is displayed or included forms shaped to resemble any human, animal, plant, product or similar physical object or any text, trademarks, banners, insignias, decorations, symbols, letters, numbers, figures or marks. See Article X for specific kinds and types of signs.
The vertical distance measured between the top and bottom of a sign.
Garbage; refuse; sludge; stumps; wood chips; discarded leaves, grass, mulch, or other plant materials; or used concrete, asphalt, brick, glass, wood, plastics, metal, ceramics, containers, or other manufactured materials. The term shall not apply to waste or recyclable material stored in cans, dumpsters, or compactors as an incidental accessory use to residences, schools, offices, stores, restaurants, and similar uses.
That portion of a building which is between one floor level and the next higher floor level or the roof, except that the topmost "story" shall count only where the wall plates are at least five feet 10 inches above the plate of the next lower "story."
That portion of a building which is between the topmost floor level and the roof where the wall plates are less than five feet 10 inches above the plate of the next lower story, provided that the floor area shall not exceed 1/2 the floor area of the next lower story.
Any state, county or Town road or any "street" shown upon a subdivision plat filed in the County Clerk's office.
The dividing line between a lot and a street.
Anything constructed or erected on or under the ground or water or upon another "structure" or building. The portions of buildings, garages, sheds, cabanas, gazebos, swimming pools, porches, patios, decks, parking lots, driveways, stairs, steps, fences, retaining walls, signs, lights, flagpoles, statues and similar items. For the purpose of this chapter, truck facilities shall not be considered structures.
The use of land, buildings or structures permitted in the Shopping Center Business District, which contains a minimum of 25 acres but less than 30 acres of land, has a minimum of 200,000 square feet of gross floor area and serves a trade area population of between 100,000 to 150,000.[18]
A receptacle for water or an artificial pool capable of holding water depth at any point of more than 24 inches deep at any point, designed or intended for the purpose of the immersion or partial immersion therein and including all appurtenant equipment. The word "pool" shall be construed to mean in-ground, above-ground, on-ground outdoor water pools, hot tubs and spas that are installed or constructed indoors or outdoors.
An establishment where mainly beverages are served with or without food as an auxiliary accommodation.
A building or part of a building devoted to showing motion pictures, musical entertainment or stage productions on a paid admission basis. For purposes of this chapter, this use shall not include and specifically prohibits any adult uses and adult entertainment as defined in this chapter.
A type of theater for motion pictures, musical performances or live acts that has more than two auditoriums and more than 500 seats.
The Town Engineer of the Town of Smithtown.
Three or more single-family attached homes (dwelling units), each of which has its own access to the outside.
Includes a lot, land or structure, or any combination thereof, where solid wastes, including but not limited to uncontaminated waste resulting from construction, remodeling, repair and demolition of structures and roads, masonry materials, concrete, drywall and refuse, are taken from collection vehicles and placed in or exchanged with other transportation units for movement to another facility or where solid wastes are temporarily collected and/or processed and subsequently placed in transportation units for transport to another facility. This term shall not include any lot, land or structure or any combination thereof which handles recycled asphalt products exclusively.
Any premises, except for retail stores, used for the maintenance, repair or storage of four or more commercial vehicles at the same time.
Accessory structure or mechanical equipment that is utilized to allow vehicles to be stored above finished grade as an accessory use to a motor vehicle or boat showroom.
A building or portion thereof used for the teaching of specialized courses, including, but not limited to, business, trades, college exam preparation, and driver education.
A work or structure of wood, stone or other materials or combination thereof intended for defense, security, screening or enclosure or for the retention of earth, stone, fill or other materials as in the cases of retaining walls, bulkheads and seawalls.
The use of a building by retailers, wholesalers and other commercial or industrial users, the principal activity of which is the storage of commodities. This definition shall not be deemed to include "mini-storage warehouses," as that term is defined within this chapter.[19]
An establishment wherein goods, wares, merchandise, produce, commodities or similar articles are offered for sale or sold only in bulk or large quantities to wholesalers and retailers or to institutional, industrial or business uses. A "wholesale business" does not include any establishment wherein goods, wares, merchandise, produce, commodities or similar articles are offered for sale or sold to the general public or the ultimate consumer. Any business wherein goods, wares, merchandise, produce, commodities or similar articles are offered for sale and that has front windows comprising more than 25% of the area of the front wall shall create a rebuttable presumption that the business is a retail store or shop as defined in this chapter.
An agricultural processing facility, located on a site of 10 acres or more, used for the commercial purpose of processing grapes, other fruit products, or vegetables to produce wine or similar spirits. Processing includes crushing, fermenting, blending, aging, storage, related administrative office functions, retail sales, and tasting facilities for the products of the facility. A minimum of nine acres of the winery site must be devoted solely to the cultivation of the fruit products or vegetables to be processed on site into wine or spirits. The winery must be licensed by, and operated in compliance with the requirements of, the New York State Department of Agriculture and Markets and the New York State Liquor Authority.
An accessory activity of a winery approved by the Town Board which may include festivals, weddings, receptions, conferences, a seasonal restaurant operation with a seating capacity of no more than 60 seats that operates only from March through October, and other similar activities; provided that any such activities occur only Monday through Thursday between 8:00 a.m. and sunset and Friday, Saturday, and Sunday between 8:00 a.m. and 11:00 p.m.
The required open space extending along the street line of any street on which the lot abuts.
The required open space extending along the rear lot line (not a street line) throughout the whole width of the lot.
The required open space extending along the side lot line from the front yard to the rear yard.
[1]
Editor's Note: The definition of "breakaway wall," added 8-25-1987, as amended, which immediately followed this definition, was repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[2]
Editor's Note: The definition of "coastal high-hazard area," added 8-25-1987, as amended, which immediately followed this definition, was repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[3]
Editor's Note: The definition of "elevated building," added 8-25-1987, as amended, which immediately followed this definition, was repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[4]
Editor's Note: The definition of "Federal Emergency Management Agency (FEMA)," added 9-12-1995, which immediately followed this definition, was repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[5]
Editor's Note: The definitions of "flood elevation study," added 9-12-1995, "Flood Hazard Boundary Map (FNBM)," "Flood Insurance Rate Map (FIRM)," "Flood Insurance Study," "flood or flooding," added 8-25-1987, "floodplain or flood-prone area," added 9-12-1995, "floodproofing," "floodway," and "floor," added 8-25-1987, as amended, which immediately followed this definition, were repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[6]
Editor's Note: The definition of "highest adjacent grade," added 8-25-1987, as amended, which immediately followed this definition, was repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[7]
Editor's Note: "This definition" refers to the previous definition of "home occupation," which read as follows: "HOME OCCUPATION -- A customary personal service occupation such as dressmaking, millinery and home cooking, provided that such occupation shall be conducted solely by members of the resident family and in the main building only, that not more than the equivalent of 1/2 of the area of one floor shall be used for such purposes, that there shall be no external evidence other than a nameplate sign, that no stock-in-trade shall be kept, and that no mechanical or electrical equipment is used except customary household equipment. Beauty parlors, barbershops, hairdressing and manicuring establishments shall not be deemed to be home occupations."
[8]
Editor's Note: The definitions of "manufactured home" and "mean sea level," added 8-27-1985, as amended, which immediately followed this definition, were repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[9]
Editor's Note: Original § 54-10Q of the 1964 Code was repealed 10-21-1986.
[10]
Editor's Note: The definition of "National Geodetic Vertical Datum (NGVD)," added 8-25-1987, which immediately followed this definition, was repealed 9-12-1995 and 8-11-2009. The definition of "new construction," added 8-25-1987, as amended, which also followed this definition, was repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[11]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
[12]
Editor's Note: The Table of Use Regulations appears at the end of this chapter.
[13]
Editor's Note: The definition of "one-hundred-year flood," added 8-25-1987, which immediately followed this definition, was repealed 9-12-1995 and 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[15]
Editor's Note: The definitions of "primary frontal dune," added 9-12-1995, and "principally above ground," added 8-25-1987, as amended, which immediately preceded this definition, were repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention. The definition of "premises," which also preceded this definition, was repealed 3-22-2012.
[16]
Editor's Note: The definition of "sand dunes," added 8-25-1987, which immediately followed this definition, was repealed 9-12-1995 and 8-11-2009. See now Ch. 168, Flood Damage Prevention.
[17]
Editor's Note: The definition of "start of construction," added 8-25-1987, as amended, which immediately followed this definition, was repealed 8-11-2009. See now Ch. 168, Flood Damage Prevention.
§ 322-4 Application of regulations.
[Amended 6-25-1985]
A.
Interpretation. In applying and interpreting this chapter, its provisions shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience or the general welfare.
B.
Relation of Building Zone Ordinance to other provisions of law and to provide covenants and agreements.
(1)
Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with the Town Building Code[1] and the New York State Uniform Fire Prevention and Building Code [NOTE: Title 9, Subtitle S, Chapter I, of the Official Compilation of Codes, Rules and Regulations of the State of New York, Volume 9-Executive (B), 9 NYCRR] or any rules or regulations adopted or issued thereunder or the rules and regulations of the Department of Health Services of the County of Suffolk or any other provisions of law or ordinance or regulation, existing or as may be adopted in the future, when not in conflict with any of the provisions of this chapter, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land upon the height of the buildings or structures or requires larger lots, yards, courts or other open spaces than imposed or required by such other provisions of law, ordinance or regulation or by such easements, covenants or agreements, the provisions of this chapter shall control.
(2)
Wherever the provisions of any other law or ordinance or regulations impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulations shall control.
(3)
No provision contained in this chapter shall be construed as justifying the encroachment of any building or structure with any street lines now or hereafter laid down on any subdivision plat filed in the office of the County Clerk or within any state, county or Town road.
C.
The minimum required lot area, frontage, or yard for one building or structure shall not be used as any part of the required lot area, frontage, or yard for any other building or structure.
[Amended 6-24-2010]
D.
The parking spaces required for one building, structure or use shall not be included in the computation of required parking spaces for a second building, structure or use.
[Amended 6-24-2010]
E.
Where districts are referred to as "more restrictive" or "less restrictive," such designations shall refer to the order in which the districts are listed in § 322-5, with the first-named, or CF District, being the most restrictive.
[Amended 10-21-1986]
F.
The provisions of this chapter shall be deemed to be specific. Those matters for which there is no specific provision in this chapter shall be deemed to be prohibited.
G.
Each principal use shall have its own frontage on a public street, and no principal use or structure shall be located behind any other principal use.
[Added 10-21-1986; amended 12-6-1994]
H.
In all districts no lot area shall be made smaller than the minimum lot required for that district in which the lot is located without the approval of the Smithtown Planning Board.
[Added 10-21-1986]
I.
It shall be a violation of this chapter to solicit or advertise for purposes of selling or renting property or portions of property when such sale or rental will result in property being utilized in violation or contravention of the uses permitted in §§ 322-7B, 322-8B, 322-9B and 322-10B, Table of Use Regulations.
[Added 10-21-1986]
J.
Rental property registry.
[Added 7-16-2019]
(1)
Any residential dwelling that is not owner-occupied must be registered with the Town on the rental property registry.
(2)
A residential dwelling must be leased or rented in its entirety as one dwelling; no partitions for the purpose of dividing the residence into separate apartments or multiple dwelling units shall be permitted.
(3)
No person, real estate broker, or agent shall list, show, or occupy any home that has not been registered with the Town.
(4)
Each residential dwelling to be registered shall be accompanied by a nonrefundable annual registration fee of $100. If a residential dwelling is not registered, or the registration fee is not paid within 30 days of when the registration or renewal is required pursuant to this section, a late fee equivalent to 10% of the annual registration fee shall be charged for every thirty-day period, or portion thereof, the property is not registered and shall be due and payable with the registration.
[Amended 6-8-2021 by Res. No. 2021-643; 6-7-2022 by Res. No. 2022-576]
(5)
It shall be the duty of the Department of Public Safety to maintain the rental property registry.