Smithtown City Zoning Code
ARTICLE II
Districts and Boundaries on Building Zone Map
§ 322-5 Districts enumerated.
[Amended 5-20-1969; 6-7-1977; 8-9-1983; 10-21-1986; 4-8-2014]
For the purpose of this chapter, the Town of Smithtown, outside the limits of any incorporated village, is hereby divided into 20 classes of districts, which are designated as follows:
B.
Residence districts:
(1)
R-43 District (One-Family on one acre of lot area).
(2)
R-21 District (One-Family on 1/2 acre of lot area).
(3)
R-15 District (One-Family on 15,000 square feet of lot area).
(4)
R-10 District (One-Family on 10,000 square feet of lot area).
(5)
R-10S District (One-Family on 10,000 square feet of lot area).
(6)
RM-7 District (One-Family on 7,500 square feet of lot area; Two-Family on 15,000 square feet of lot area).
(7)
RM-GA District (Garden Apartments at 2,500 square feet of lot area per family).
(8)
PRD Planned Residential Development District.
(9)
RC Retirement Community District.
(10)
R-6 Residential District.
§ 322-6 Adoption of map; interpretation of boundaries.
[Amended 5-8-2007; 5-22-2025 by Res. No. 2025-566]
A.
The boundaries of each of the districts listed in § 322-5 are hereby established as shown upon the Building Zone Map of the Town of Smithtown, dated 1963, which accompanies this chapter and which, with all notations, references and other matter shown thereon, is hereby declared to be part of this chapter.[1]
[1]
Editor's Note: The Building Zone Map is available for inspection in the office of the Town Clerk.
B.
The district boundary lines, unless shown otherwise, are intended generally to follow street center lines, railroad right-of-way boundary lines or their center lines, other similar right-of-way lines or lot lines or boundaries of subdivisions or Town or village boundary lines, all as shown on the Building Zone Map. Where a district boundary line does not follow such a line but is shown parallel to such a line on the Building Zone Map, the distance between the parallel line shall be as dimensioned on the Building Zone Map. Such dimensions shall be construed to read from the outside edge of all rights-of-way rather than from their center lines.
C.
Where the street layout actually on the ground varies from the street layout as shown on the Building Zone Map, the designation shown on the mapped streets shall be applied in such a way as to carry out the Chief Building Inspector's judgment as to the purpose and intent of the Building Zone Map for the particular area in question.
D.
When the location of a district boundary line cannot be otherwise determined, the determination thereof shall be made by the Chief Building Inspector by scaling the distance on the Building Zone Map from a line of known location to such district boundary line.
E.
In the case of uncertainty as to the true location of a district boundary line in a particular instance, an appeal may be taken to the Board of Appeals as provided in § 322-81.
F.
When a district boundary line divides a lot in a single ownership at the effective date of this chapter or any subsequent amendment thereto, the Board of Appeals may permit extension of the less restrictive use as hereinafter provided in § 322-83A(1).
G.
The district boundary descriptions contained in the Building Zone Ordinance of September 7, 1932, and shown on the Building Zone Map that formed a part thereof, both as amended, revised and reenacted from time to time, are hereby superseded in their entirety by the provisions of this Article II and by the Building Zone Map of the Town of Smithtown, dated 1963, which forms a part of this chapter.