COMPREHENSIVE PLAN A master plan for the future growth, protection and development for the Town of Smithtown, affording adequate facilities for housing, transportation, comfort, convenience, public health, safety and general welfare for its population.
CROSSWALK OR WALKWAY A right-of-way dedicated to public use to facilitate pedestrian access through a subdivision.
CUL-DE-SAC A short dead-end street terminating in a vehicular turnaround area.
EASEMENT A restriction established in a real estate deed to permit the use of land by the public, a corporation or particular persons for specified uses.
LIMITED ACCESS AND PLANTING AREA An area designed to control access to public rights-of-way or other public areas and also to suitably screen private properties abutting them.
LOT The unit or units into which land is divided with the intention of offering such units for sale, either as undeveloped or developed sites, regardless of how they are conveyed. "Lot" shall also mean parcel, plot, site or any similar term.
MAJOR STREET A street within a subdivision or subdivisions designed to have considerable continuity and traffic capacity that, serving as an artery, collects traffic from the minor streets and guides it to the primary and secondary highways.
MARGINAL ACCESS STREET A street located on a separate right-of-way parallel to and in the vicinity of a primary or secondary highway, designed to provide access to abutting properties without interrupting highway traffic except at recognized intersections and access points.
MINOR STREET A street designed to provide access to abutting properties within a limited area such as a neighborhood.
OPEN SPACE A parcel of land which does not contain any residential, business or industrial land uses and which is essentially left in a natural vegetated state and is set aside, dedicated, designated or reserved for environmental protection, passive recreation or similar uses as determined by the Planning Board. [Added 7-25-1989]
PRIMARY HIGHWAY A highway, generally under the jurisdiction of the state or county, designed principally to provide for high-speed through traffic between centers of development such as commercial centers, industrial areas and concentrated residential communities both within and outside the Town of Smithtown.
SECONDARY HIGHWAY A highway similar to a primary highway, generally under the jurisdiction of the Town, but designed for traffic between important centers of development within the Town of Smithtown and as a highway link to the primary highway system.
SUBDIVISION A division of land into two or more lots with or without streets. [Amended 2-23-1971]
TOWN ENGINEER The official engineer of the Town of Smithtown.
AASHTO The American Association of State Highway and Transportation Officials. [Added 10-21-1986]
ACCESSORY CONVENIENCE SALES An accessory use to a filling station whereby food, beverages, periodicals and similar items are purchased. [Added 7-8-1997]
ACCESSORY USE, STRUCTURE OR BUILDING 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.
ADULT ENTERTAINMENT 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. [Added 9-13-1994]
ADULT HOME A residential facility under 100,000 square feet, for residents over 65 years old, 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 provided by the operators of the facilities. [Added 4-26-2007]
ADULT RETAIL SHOP 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. [Added 9-13-1994]
AGRICULTURE 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.
ANIMAL HOSPICE 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. [Added 7-11-2006]
ANTENNA, DISH 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. [Added 5-28-1991]
ASSISTED LIVING FACILITY A residential facility under 100,000 square feet, 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 for residents over 65 years old. Such services should include, but not be limited to, the providing of common meals, transportation services, various forms of medical services, and related forms of assistance provided by the operators of the facility. [Added 4-26-2007]
AVERAGE NATURAL GRADE LEVEL 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. [Added 10-2-2012]
BASEMENT A story partly below grade and having not more than 1/2 its height below grade. [Amended 10-21-1986]
BERM An artificial earthen mound that is higher than the adjacent land. [Added 7-2-2008]
BOARD OF APPEALS The Board of Zoning Appeals of the Town of Smithtown, New York.
BOARD, PLANNING The Planning Board of the Town of Smithtown, New York.
BOARD, TOWN The Town Board of the Town of Smithtown, New York.
BUILDING A structure with a roof supported by columns or walls and having a horizontal area of more than 50 square feet.
BUILDING AREA 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.
BUILDING DIRECTOR The Building Director of the Town of Smithtown. [Amended 5-8-2007]
BUILDING LINE 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.
CAPITAL INVESTMENT 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. [Added 9-13-1994]
CAR WASH 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. [Added 10-21-1986]
CELLAR 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. [Added 10-21-1986]
CLUB, COUNTRY A club for golfing, hunting, fishing, horseback riding or similar sports.
CLUB, MEMBERSHIP, NONPROFIT 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. [Amended 8-19-2003]
COIN-OPERATED MACHINES All machines purveying a service or commodity located on the outside of a structure, either attached thereto or freestanding upon the premises. Said machines may be operated with coins or tokens. [Added 7-12-1966]
COMMERCIAL CENTER A use of land, buildings or structures by one or more enterprises for a commercial purpose specifically permitted within the particular zone district in which this term is applied, where the proposed use occupies a site of two or more acres or where the total floor area of the buildings or structures is 15,000 square feet or more, in each case whether built at one time as a unit or in two or more construction stages.
COMMERCIAL VEHICLE Any commercially registered vehicle weighing up to 10,0 00 pounds gross vehicular weight and measuring up to 20 feet in length. [Added 12-10-1996; amended 11-4-1997; 8-2-2010]
COMMERCIAL VEHICLE, LARGE Any commercially registered vehicle weighing more than 10,000 pounds gross vehicular weight or measuring more than 20 feet in length. [Added 12-10-1996; amended 11-4-1997; 8-2-2010]
COMMUNITY ASSOCIATION Any membership association set up for the purposes of the ownership, maintenance and management of those areas of townhouse development held in common ownership. [Added 8-9-1983]
COMMUNITY SHOPPING CENTER 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. [Added 9-24-1968]
CONGREGATE-CARE FACILITIES Any residential development providing efficiency or one- or two-bedroom dwelling units with common dining, recreation and medical or nursing home facilities for persons in excess of 65 years of age. In the case of a married couple, only one of the spouses must be in excess of 65 years of age. A "congregate-care facility" must include the following: [Added 3-26-1991]
(1) An association with a fully licensed staffed hospital or nursing home facility on or adjacent to the site of the "congregate-care facility," which provides skilled care to residents requiring such services on a priority basis.
(2) Kitchen and dining room facilities offering no less than one common meal to all residents each day.
(3) A call-button monitoring system for emergency calls directly to supervisory staff on premises.
(4) A medical history on file for each permanent resident.
(5) On-premises physical therapy.
(6) On-premises in-house sale and distribution of personal services and food items for residents of the facility.
(7) Library, educational, social and occupational facilities.
(8) Available transportation for residents from the facility to shopping, medical, recreational and other major desired points of destination.
(9) A minim urn unit size of 450 square feet of habitable floor area.
CONTRACTOR SHOWROOM 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. [Added 3-22-2012]
COUNTER-SERVICE RESTAURANT 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. [Added 6-26-1973; amended 7-10-1979; 3-8-1994]
DAY CAMP 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. [Added 6-24-1975; amended 8-19-2003]
DAY-CARE CENTER 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. [Added 10-21-1986; amended 6-9-1992;10-7-1997; 8-19-2003]
DECK 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. [Amended 7-23-1991; 3-23-1993]
DEVELOPMENT 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. [Added 8-25-1987; amended 9-12-1995]
DWELLING A building arranged, intended or designed to be occupied by one or more families living independently of each other upon the premises.
DWELLING, ONE-FAMILY A building designed for and occupied exclusively as a home or residence for not more than one family.
DWELLING, TWO-FAMILY A building designed for and occupied exclusively as a home or residence for two families.
DWELLING UNIT One or more rooms with provisions for cooking, living, sanitary and sleeping facilities arranged for the use of one family.
ENVIRONMENTALLY SENSITIVE LAND Any area with one or more of the following characteristics: [Added 1-7-1986]
(1) Any area of special flood hazard as defined by Chapter 168, Flood Damage Prevention, of the Town Code. [Amended 3-22-2012]
(2) Slopes in excess of 15%.
(3) Depth to seasonal high-water table of less than 10 feet.
(4) Freshwater wetlands, as defined by Chapter 170, Article II, of the Town Code.
(5) 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.
(6) Poorly drained soils, as defined by the United States Soil Conservation Service.
(7) A habitat for protected, threatened or endangered species.
FAMILY One or more persons related by blood, marriage, adoption or foster parent-child relationship or not more than two unrelated persons who live together as a single housekeeping unit, using cooking facilities and certain rooms in common as a nonprofit household. A "family" shall not be deemed to include the occupants of a boardinghouse, dormitory, family care facility or group care facility. [Amended 7-10-1979]
FAR (FLOOR AREA RATIO) The gross floor area divided by the site area. [Added 6-20-1989]
FILLING STATION 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.
FITNESS CENTER The premises, buildings and facilities operated and utilized by any for-profit business or nonprofit organization for the purpose of operating an athletic center which offers exercise, fitness, physical wellness, nutrition, health or sports programs 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. This term shall not include swim clubs, country clubs, game centers or a commercial public use as defined herein, nor shall this term be deemed an accessory use to a nonprofit membership club. [Added 8-19-2003]
FLOOR AREA, GROSS The sum of the gross horizontal areas of the several floors of the building(s) on the site, measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, but not including attic space providing headroom of less than six feet eight inches and accessory buildings less than 150 square feet and less than 10 feet in height. [Added 10-21-1986; amended 6-20-1989; 3-8-2011; 10-2-2012]
FLOOR AREA, MINIMUM HABITABLE 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.
FUEL STORAGE AND DISTRIBUTION 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. [Added 10-21-1986]
FUNCTIONALLY DEPENDENT USE 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. [Added 9-12-1995]
GAME CENTER A room, hall or building or portion thereof which contains five or more pinball machines, electronic videoscreen games, foosball games, air hockey games or any other games or machines determined by the Board of Zoning Appeals to be similar, for the use of which fees are paid directly into the machines or to an operator. [Added 4-14-1981]
GAME ROOM A room, hall or portion of the floor area of a building which contains four or fewer pinball machines, electronic videoscreen games, foosball games, air hockey games, skeebowls or any other game machines determined by the Board of Zoning Appeals to be similar, for the use of which fees are paid directly into the machine or to an operator. [Added 4-14-1981]
GARAGE, PARKING A building or portion thereof, not a private garage, used for the storage of motor vehicles and not used for making repairs thereto. The storage of motor vehicles under or above a building or portion thereof shall be construed as a use of the building. [Amended 1-7-1986]
GARAGE, PRIVATE 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. [Amended 1-23-1968]
GARAGE, REPAIR 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. [Amended 6-9-1992; 11-1-1994]
GARAGE, STORAGE 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. [Added 1-7-1986]
GARDEN APARTMENT A building or group of buildings not more than 2 1/2 stories in height, each building to contain not more than eight dwelling units, and attached buildings to contain in the aggregate not more than 16 dwelling units, with no portion of the buildings below the first story or above the second story used for dwelling purposes.
HEALTH SPA An establishment of at least 5,000 square feet that has a pool and/or sauna and provides personal care treatments such as massages, facials, hydrotherapy, and wellness education. [Added 3-22-2012]
HEIGHT OF A STRUCTURE OR BUILDING 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. [Added 10-21-1986; amended 10-2-2012]
HISTORIC STRUCTURE Any structure that is: [Added 9-12-1995]
(1) 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;
(2) 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
(3) 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.
HOME CENTER 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. [Added 1-21-1997]
HOME OCCUPATION [Amended 10-9-1984]
(1) 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).[Amended 7-11-2006]
(2) Any home occupation which had been in existence in compliance with this definition and Chapter 322, the Building Zone Ordinance of the Town of Smithtown, prior to October 9,1984, shall be subject to the provisions of Article XI of the Building Zone Ordinance.
HOME PROFESSIONAL OFFICE [Amended 7-9-1968; 10-9-1984]
(1) The office or studio of a resident physician, surgeon, chiropractor, dentist, lawyer, architect, artist, engineer or teacher as herein restricted, provided that not more than one person is employed who is not a member of the resident family, that such office shall be in the main building and shall not occupy more than 700 square feet of the area of the main structure and, further, that the remaining floor area shall be at least equal to the minimum required habitable floor area. For the purpose of this chapter, a teacher shall be restricted to a person giving individual instruction in academic, musical or artistic subjects to a single pupil at a time. A "home professional office" shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Tearooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, convalescent homes, funeral homes, real estate and insurance offices and veterinarian's offices or animal hospitals shall not be deemed to be "home professional offices." The "home professional office" of a physician shall not include a biological or other medical testing laboratory. Said use shall recognize and provide for further specific conditions and safeguards that may be required by the Site Plan Review Board.
(2) Any "home professional office" which had been in existence in compliance with this definition and Chapter 322, the Building Zone Ordinance of the Town of Smithtown, prior to October 9, 1984, shall be subject to the provisions of Article XI of the Building Zone Ordinance.
HOSPITAL 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 be deemed to include a clinic, convalescent home, nursing home or rest home but 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.
HOTEL 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.
HOUSE TRAILER 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."
JUNK 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. [Added 6-27-1989; amended 11-18-2003]
JUNKYARD 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. [Amended 6-27-1989; 11-18-2003]
KIOSK OR BOOTH 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. [Added 5-8-1979]
LOCAL WATERFRONT AREA 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. [Added 10-21-1986]
LOT 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.
LOT AREA The total horizontal area included within lot lines.
LOT, CORNER A lot with frontage on two or more intersecting streets, at their point of intersection.
LOT FRONTAGE 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).
LOT, INTERIOR Any lot other than a corner lot.
LOT LINE 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.
LOT LINE, FRONT The dividing line between the lot and a street. On a corner lot, both street lines shall be considered "front lot lines."
LOT LINE, REAR The lot line opposite the front lot line.
LOT, THROUGH A lot extending from one street to another.
LOWEST FLOOR The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's "lowest floor," provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. [Added 8-25-1987; amended 9-12-1995]
LUMBERYARD 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. [Added 1-21-1997]
LWRP (LOCAL WATERFRONT REVITALIZATION PROGRAM) The Local Waterfront Revitalization Program of the Town of Smithtown, as submitted to the Secretary of State pursuant to the Waterfront Revitalization and Coastal Resources Act (Executive Law Article 42), a copy of which is in the office of the Town Clerk. [Added 6-20-1989]
MICROBREWERY An establishment required to be licensed as a microbrewery by the New York State Liquor Authority. [Added 3-22-2012]
MINI-STORAGE WAREHOUSE 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. [Added 8-27-1985; amended 10-21-1986; 12-1-1987]
MOBILE HOME 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."
MODIFICATION OF ZONING PROVISIONS The implementation of a plan to permit greater flexibility of the zoning requirements in certain residence districts, pursuant to the provisions of §54-10Q.
MOTEL 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.
MOTOR VEHICLE SHOWROOM 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.. [Added 10-21-1986]
NIGHTCLUB An establishment, not including a membership club, that has dancing with music or live entertainment in conjunction with the consumption of alcoholic beverages. [Added 3-22-2012]
NONCONFORMING STRUCTURE 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 for the district in which it is situated, irrespective of the use to which such structure is put.
NONCONFORMING USE 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 for the district in which it is situated.
NONNUISANCE INDUSTRY 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.
NURSERY A building or lot or part thereof used for raising flowers, shrubs or plants for sale. [Added 10-21-1986]
NURSERY SCHOOL 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." [Amended 6-24-1975]
OPEN-FRONT RESTAURANT 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. [Added 6-26-1973]
OUTDOOR DINING AREA 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 and 322-82C(25). [Added 2-5-1985]
OUTDOOR STORAGE The keeping, locating, storing, stockpiling, maintaining, housing or placing of any good, material or equipment of whatever kind or nature or any vehicles, vessels, trucks, trailers, buses or any parts thereof or any trailer or storage container, including roll-offs, between the hours of 5:00 p.m. and 9:00 a.m. in any location other than within an enclosed building or structure enclosed with walls and a roof. [Added 2-13-1990; amended 12-6-1994]
PARKING AREA 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.
PARKING SPACE 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.
PAVED SURFACE The land surface covered with asphalt, concrete, bricks, cobblestones, gravel, plastic or similar material. [Added 9-5-2000]
PERSONAL WIRELESS SERVICE FACILITY (PWSF) 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. [Added 5-15-2001]
PLANNED INDUSTRIAL PARK 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. [Added 12-24-1968; amended 10-21-1986]
PLANNED RESIDENTIAL DEVELOPMENT 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. [Added 5-20-1969; amended 2-1-1972]
POWER EQUIPMENT SHOP A building or portion thereof used to service, repair, rent, and/or sell lawnmowers, snowblowers, snowmobiles, personal watercraft, and similar equipment. [Added 3-22-2012]
PROPANE EXCHANGE The use of land for the outdoor storage of propane cylinders for the purpose of sale, rent, lease, or trade. [Added 7-13-2004]
PUBLIC NOTICE 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.
PUBLIC OR SEMIPUBLIC BUILDING [Amended 4-2-1985; 9-12-1989]
(1) 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.
(2) Any building used or controlled exclusively for public purposes by any department or branch of a state, county or municipal government.
(3) Any building used principally for religious assembly.
PUBLIC UTILITY 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."
REGIONAL SHOPPING CENTER 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. [Added 5-23-1967]
RESEARCH LABORATORY 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.
RESTAURANT 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,""curbservice 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. [Amended 6-26-1973]
RETAIL STORE OR SHOP 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. [Added 1-7-1986]
SAND MINING 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. [Added 10-8-1985]
SHIPPING CENTER 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. [Added 3-22-2012]
SIGN 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. [Amended 6-25-1985]
SIGN WIDTH The vertical distance measured between the top and bottom of a sign [Added 6-25-1985]
SPECIAL EXCEPTION USE A use in one or more districts for which the Board of Appeals may grant a permit pursuant to the provisions of Article XII.
STORY 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."
STORY, HALF 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. [Amended 10-21-1986]
STREET Any state, county or Town road or any "street" shown upon a subdivision plat filed in the County Clerk's office.
STREET LINE The dividing line between a lot and a street.
STRUCTURE 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. [Amended 2-13-1990]
SUBREGIONAL SHOPPING CENTER 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. [Added 9-24-1968]
SWIMMING POOL 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. [Amended 5-5-2009]
TAVERN, BAR OR INN An establishment where mainly beverages are served with or without food as an auxiliary accommodation. [Added 6-26-1973]
THEATER 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. [Added 5-11-1999]
THEATER, MULTIPLEX A type of theater for motion pictures, musical performances or live acts that has more than two auditoriums and more than 500 seats. [Added 4-25-1989]
TOWN ENGINEER The Town Engineer of the Town of Smithtown.
TOWNHOUSE STRUCTURE Three or more single-family attached homes (dwelling units), each of which has its own access to the outside and is in single and separate ownership. [Added 8-9-1983]
TRANSFER STATION 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, and or structure or any combination thereof which handles recycled asphalt products exclusively. [Added 11-18-2003; amended 5-19-2005]
TRUCKING STATION Any premises, except for retail stores, used for the maintenance, repair or storage of four or more commercial vehicles at the same time. [Added 1-7-1986]
VARIANCE Authorization by the Board of Zoning Appeals, or the Planning Board where authorized pursuant to § 322-19B of this chapter or § 248-31A and B of the Town Code, to utilize land for a use or in a manner otherwise prohibited by this chapter. [Amended 3-22-2012]
VOCATIONAL SCHOOL 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. [Added 3-22-2012]
WALL 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.
WAREHOUSE 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. [Added 6-26-1973; amended 8-27-1985]
WHOLESALE BUSINESS 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. [Added 1-7-1986]
WINERY 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. [Added 9-8-2009; amended 4-22-2010]
WINERY EVENT 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. [Added 4-22-2010]
YARD, FRONT The required open space extending along the street line of any street on which the lot abuts.
YARD, REAR The required open space extending along the rear lot line (not a street line) throughout the whole width of the lot.
YARD, SIDE The required open space extending along the side lot line from the front yard to the rear yard.