Smithtown City Zoning Code
ARTICLE V
Overlay Districts 1
§ 322-31 Declaration of policy and purposes.
The Town Board finds that there are areas of the Town that develop with a specific, consistent character such that they may be treated as a distinct entity for purposes of regulating dimensional, use, and other zoning standards. The regulations in this Article V are intended to permit expansion or restriction of the standards of the zoning district(s) in which such an area is situated, provided that the area, boundaries and the specific permitted variation from standards shall have been established as an overlay district by the Town Board. The purpose of this article is to establish standards and procedures which will foster healthy growth and orderly development within each overlay district so established.
§ 322-32 Criteria for overlay districts.
In order for an area to be designated an overlay district, it shall meet the following criteria:
A.
There shall be multiple lots and multiple property owners within the district boundaries delineated on the Town's Zoning Map.
B.
There shall be specific characteristics that set the area apart from the balance of the zoning district(s) in which it is located, which characteristics shall be enumerated in the designation of the area as an overlay district.
C.
There shall be a public purpose(s) served by the designation of an area as an overlay district, and the designation of the district shall specify how the expansion or restriction of the standards of the underlying zoning district supports such purpose(s).
§ 322-33 Procedure.
A.
If the Town Board determines to establish an overlay district, it shall do so pursuant to the procedures outlined in Article XIV herein.
B.
A proposed overlay district shall include:
(1)
A description of the boundaries of the area to be designated as the overlay district;
(3)
A statement of the specific expansion or restriction of dimensional and use regulations that shall apply to the district;
(4)
Any additional information relevant to the decision of the Town Board on whether to designate an area as an overlay district.
§ 322-34 Specific overlay districts.
A.
The Hauppauge Industrial Park Overlay District.
(1)
The Hauppauge Industrial Park, also known as the "John V. N. Klein Industrial Park," is a unique land use feature of Town containing a large concentration of high-value warehousing, manufacturing, and office uses in an attractive planned industrial park setting. The regulations set forth in this section are intended to provide flexibility to allow the Hauppauge Industrial Park to continue to be attractive for high-quality business development, and to be competitive with other industrial areas in the region and nation. The Hauppauge Industrial Park Overlay District shall comprise a portion of the Light Industrial zoned properties located in the Hauppauge Industrial Park.
[Amended 7-14-2015]
(2)
Overlay district accommodations and standards:
(a)
Parking garages not exceeding two stories, both aboveground and underground, shall be permitted as a customary accessory use to offices, non-nuisance industries, hotels, banks, and mixed-use buildings. The yard setbacks for parking garages shall be the same as for principal buildings. Parking garages shall not be considered floor area for the purposes of this chapter.
[Amended 8-11-2020 by L.L. No. 9-2020]
(b)
Outdoor storage shall be permitted as a customary accessory use, provided that it meets the following criteria:
[1]
All storage shall be screened from view. The storage area shall be surrounded by a solid fence, not exceeding six feet in height, or by dense evergreen hedges at least eight feet in height. If all or part of the entire site is surrounded by a solid fence, not exceeding six feet in height, or by dense evergreen hedges at least eight feet in height, and the storage area is screened from view thereby, no additional screening shall be required.
[2]
No storage area shall be located in a required front and or within 10 feet of any property line.
[3]
No storage area shall exceed 10% of the gross floor area; provided, however, that a storage area may be up to 20% of the gross floor area, if it is entirely within containers.
[4]
No material may be stored pursuant to this section in a manner contrary to that required by any other section of the Town Code.
(c)
Lobbies, atria, and similar amenity spaces over 1.5% of the building size as determined by the Board of Site Plan Review shall not be used in calculating the floor area for determining compliance with the floor area ratio and parking requirements.
(d)
No structure shall exceed 50 feet in height, except along Vanderbilt Motor Parkway (C.R. 67), where no structure shall exceed 62 feet in height.
[Amended 7-14-2015]