[Amended 1-26-1965; 3-29-1966; 6-21-1966; 7-12-1966; 6-27-1967; 8-27-1968; 7-22-1969; 9-7-1971; 10-26-1971; 2-27-1973; 6-26-1973; 11-20-1973; 6-8-1976; 5-2-1978; 5-8-1979; 7-10-1979; 4-14-1981; 7-12-1983; 9-11-1984; 10-9-1984; 11-27-1984; 1-22-1985; 2-5-1985; 4-23-1985; 6-25-1985; 8-27-1985; 10-8-1985; 11-12-1985; 12-17-1985; 1-7-1986; 10-21-1986; 1-20-1987; 8-25-1987; 8-22-1989; 11-24-1992]

A. Special purpose districts.

(1) CF District (Community Facility). The regulations set forth in this section or set forth elsewhere in this chapter and applicable to the CF District are intended to provide for adequate area for religious, educational, recreational, institutional, agricultural, environmental and municipal facilities and uses to serve the present and future needs of the community and the region.

(2) Flood hazard districts. The Town Board of the Town of Smithtown finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Smithtown and that such damages may include the destruction or loss of private and public housing, damage to the public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, these provisions are adopted.

(a) Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

[1] Restrict and prohibit uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.

[2] Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

[3] Control alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters.

[4] Prohibit and control filling, grading, dredging and other development which may increase erosion or flood damages.

[5] Prevent and regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

[6] Qualify for and maintain participation in the National Flood Insurance Program.

(b) Objectives. The objectives of these provisions are to:

[1] Protect human life and health.

[2] Minimize the expenditure of public money for costly flood-control projects.

[3] Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

[4] Minimum prolonged business interruptions.

[5] Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.

[6] Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.

[7] Provide that developers are notified that property is in an area of special flood hazard.

[8] Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

B. Residence districts. (Reserved)

C. Business districts.

(1) PB District (Professional Business). The regulations set forth in this section or set forth elsewhere in this chapter and applicable to the PB District are intended to encourage low-intensity office development of single-family residence character compatibly mixed with one- and two-family residential uses, principally for areas in which a similar pattern of use has occurred or for areas where an office-residential pattern is appropriate between Central Business Districts and residential neighborhoods.

(2) OB District (Office Business). The regulations set forth in this section or set forth elsewhere in this chapter and applicable to the OB District are intended to encourage office development of high aesthetic areas unsuitable for residential development and which, for environmental, economic, fiscal, aesthetic or other reasons to promote the public health, safety and general welfare, are inappropriate for intensive commercial or industrial uses.

(3) SCB District (Shopping Center Business). The regulations set forth in this section or set forth elsewhere in this chapter and applicable to the SCB District are intended to provide for retail shopping centers composed principally of groups of retail and service establishments of integrated architectural and site design, to serve community-wide or regional needs.

(4) NB District (Neighborhood Business). The regulations set forth in this section or set forth elsewhere in this chapter and applicable to the NB District are intended to encourage moderate-intensity retail, office and service development and uses which are compatible in scale and character with, and are designed principally to serve the needs of, the adjoining neighborhoods and are adequately buffered from residential districts.

(5) CB District (Central Business). The regulations set forth in this section or set forth elsewhere in this chapter and applicable to the CB District are intended to encourage traditional commercial development and uses, especially those which depend on and encourage pedestrian traffic and public transportation, principally for areas where a similar pattern of use has occurred and which is appropriately buffered from residential neighborhoods.

D. Industrial districts.

(1) WSI District (Wholesale and Service Industry). The regulations set forth in this section or set forth elsewhere in this chapter and applicable to the WSI District are intended to provide adequate land along appropriate arterial highways for automotive-related nonretail needs and for uses which require extensive land for outdoor storage or display and for uses that do not generate large traffic volumes.

(2) LI District (Light Industry). The regulations set forth in this section or set forth elsewhere in this chapter and applicable to the LI District are intended to provide, in appropriate locations, office, research and development, wholesale and light manufacturing on sites of high aesthetic character, with adequate buffering from adjoining residential neighborhoods.

(3) HI District (Heavy Industry). The regulations set forth in this section or set forth elsewhere in this chapter and applicable to the HI District are intended to provide appropriate locations for safe and efficient heavy industrial activities necessary to serve the needs of the community.

A. No building or structure or part thereof shall be erected or altered or used, and no lot or land or part thereof shall be used, except for a purpose specifically permitted by the Table of Use Regulations in the district in which said building, structure, lot or land is located. [Amended 6-24-2010]

B. In any district, any covenant, restriction, easement or other such limitation or condition placed upon property at the direction of the Town Board, the Town Planning Board, the Town Board of Zoning Appeals or the Town Board of Site Plan Review, or pursuant to Chapter 323, Transfer of Density Flow Rights, of the Town Code, shall become part of the zoning requirements for such property. Any violation of any such covenant, restriction, easement or other such limitation or condition shall constitute a violation of this chapter. Nothing in this section, however, shall vest the Board of Zoning Appeals with the authority to modify or eliminate any such covenant, restriction, easement or other such limitation or condition not imposed by the Board of Zoning Appeals. [Added 9-28-2004; amended 5-7-2013]

C. The Table of Use Regulations is located at the end of this chapter.

A. No building or structure or part thereof shall be used, erected, structurally altered, enlarged or rebuilt except in conformity with dimensional regulations as indicated in the Table of Dimensional Regulations for the specific district in which it is located. [Amended 6-24-2010]

B. The Table of Dimensional Regulations is located at the end of this chapter.

A. No building, structure, lot or land in any district in the Town of Smithtown shall be used for any of the following uses, except as provided in Article XI: [Amended 3-8-1994]

Acid manufacture

Ammonia or chlorine manufacture

Blast furnace

Cabbage products manufacture

Cement, lime or gypsum manufacture

Chemical poisons manufacture

Chemical works or manufacture

Coal tar products manufacture

Curb-service restaurant

Display of motor vehicle(s) for the purposes of sale, except as permitted in this article and except that residents shall be permitted to display one intact motor vehicle owned by them and registered to them for purposes of sale in the driveway of their home, provided that said driveway or the portion of said driveway utilized for this purpose does not fall within the bounds of a right-of-way of a state road or highway

Distillation of coal, wood or bones

Explosives or gunpowder manufacture or storage

Fat rendering or refining

Fertilizer manufacture

Fish smoking or curing

Gas manufacture

Glue manufacture

House trailers or mobile homes

Incineration or reduction of garbage, dead animals, offal, refuse, junk or similar materials, except at a municipal facility

Ink or lampblack manufacture

Junkyard or dump, except those licensed by Town ordinance

Kiosk or booth specifically designated for retail sales or service, whether on a public street, sidewalk, private property or parking area

Meat products' manufacture

Open-air retail sales establishments other than for automotive fuel or horticulture products

Open-front restaurant

Open-front stores arranged and designed for the purpose of making sales to persons on the public street or sidewalk

Paint manufacture

Paper or pulp manufacture

Petroleum refining

Plastics' manufacture

Rear dwelling without separate frontage and other lot dimensional requirements

Recreation center devices such as sky rides, Ferris wheels, roller coasters and shooting galleries, except on a tern porary permit issued by the Town Board

Rolling mill

Rubber manufacture

Smelting of metal ores

Soap manufacture

Stockyards or abattoir

Tanning of skins or hides

Transfer station [Added 11-18-2003]

Any other use which may be determined by the Board of Appeals to constitute a hazard to the health, safety or general welfare of the community

B. No building, structure, lot or land in any district within 1/2 mile of the Nissequogue River, measured from the bank of the river at any point downstream from Veteran's Memorial Highway or Brooksite Drive, shall be used for the following uses:

Any use listed in Subsection A above

Concrete products' manufacture

Contractors' storage and equipment yard

Counter service restaurant

Discotheque

Dry-cleaning plant of more than 4,000 square feet

Filling station

Laundry plant of more than 4,000 square feet

Machinery repair service plant

Monument works

Parking garage

Printing plant

Repair garage

Trucking station