[Amended 9-28-1971; 3-4-1975; 5-2-1978; 4-14-1981; 7-7-1981; 3-2-1982; 6-26-1984; 6-25-1985; 1-7-1986; 2-13-1990]

A. Except for underground septic systems, no accessory use shall be permitted unless it is on the same plot and in the same class of zoning district as an existing permitted or lawfully nonconforming principal use-, further, parking spaces must be within 500 feet of the building which they intended to serve.

B. Except as provided for in Subsection D below, no accessory structure shall be permitted in the required front yard or side yard, regardless of whether the accessory structure is between the principal building and side property line. (See figure below.)

C. No outdoor storage, as that term is defined in § 322-3, shall exist except pursuant to an ap proved site plan.

D. The following accessory structures may be located within the required front or side yard, provided that they comply with all other provisions of this chapter: fences, walls, retaining walls, driveways, curbs, parking areas, drainage structures, lighting, signs, septic systems, underground fuel tanks, ut ility cables and pipes, litter baskets, fuel pumps and benches.

E. Access driveways to required off-street parking areas and truck-loading spaces shall lead to a public street over the same lot or by means of a permanent easement across an adjoining lot.

F. Private garage floor area within principal buildings shall not exceed 750 square feet. [A mended 2-22-1999]

G. (Reserved)

H. Swimming pools shall be at least six feet from all dwellings. [Added 3-23-1993; amended 9-27-2007; 10-2-2012]

I. Outdoor storage and display shall not be permitted in any district except as an accessory use and in accordance with the following requirements:

(1) The storage of manure or odor- or dust-producing substances shall be in a waterproof container and shall not be permitted within 50 feet of any side or rear lot line or within 100 feet of any front lot line.

(2) Solid waste shall not remain on the premises for more than one week and must be stored in closed waterproof containers; furthermore, the lot area used for the storage of refuse shall not exceed 1% of the gross floor area of the site.

(3) For uses other than one- and two-family dwellings, refuse containers or compactors must be screened from view from adjoining properties and highways by being enclosed on three sides by six-foot high decorative walls of the same material and design as the principal building. The Board of Site Plan Review may allow a wall or fence of different materials, provided that the Board determines that the materials would reduce the visual contrast with the surrounding environment.

(4) Charity drop boxes may be placed only on commercial, industrial and institutional sites, provided that the boxes are set back more than 10 feet from all property lines and do not encroach on any required planting areas, parking areas, driveways or areas needed for traffic safety.

(5) (Reserved)

(6) For institutional, business and industrial uses, no outdoor storage or outdoor display shall be permitted except in conformity with an outdoor storage or outdoor display area shown on a site plan approved pursuant to Article XIII.

(7) Motor vehicle and boat showrooms. [Amended 11-19-1996; 10-7-1997]

(a) Except for motor vehicle showrooms, the outdoor storage or parking of more than one unregistered vehicle per site is prohibited. Unregistered vehicles shall not be parked, stored or displayed in required parking areas.

(b) Outdoor storage and display shall not exceed three times the gross floor area.

(c) Not more than one vehicle per site shall be displayed or stored above the approved grade. Vehicle platforms shall not exceed four feet in height.

(8) The parking and/or storage of motor vehicles, trailers, boats and similar articles shall not be permitted in the required front yard, except on paved surfaces. For residential uses, except garden apartments and townhouse dwellings, not more than 25% of the required front, side or rear yards shall be paved surfaces, except that the maximum paved surface in the required front yard shall be increased as necessary to accommodate a twelve-foot swath for a circular driveway; and the maximum paved surface in one side yard shall be increased as necessary to accommodate a driveway not exceeding 10 feet in width for access to a detached garage, or increased to 50% for a side-entry garage; and paved surfaces shall be set back at least one foot from side and rear lot lines. [Amended 9-5-2000; 10-2-2012]

(9) For nurseries, the outdoor storage and display of live plants shall be permitted to the extent that such storage and/or display does not encroach on any parking or truck-loading areas or driveways needed for traffic safety. The outdoor storage of mulch, supplies, equipment and vehicles shall not exceed 25% of the outdoor storage of live plants.

(10) In residence districts, any unregistered vehicle not stored or parked in a garage or driveway shall be covered with an automobile cover or tarpaulin and/or screened from the view of adjacent properties and the abutting streets through the use of shrubbery and/or fencing in accordance with the Town Code.[Amended 10-7-1997]

(11) In the WSI District, outdoor storage and display shall not exceed two times the gross floor area of the site, except for nurseries, motor vehicle showrooms and boat showrooms.

(12) All outdoor storage and display shall be set back at least 25 feet from the front property line and 50 feet from any residence district; shall not exceed six feet in height, except for vehicles and plants, provided that they are stored on the ground and are not stacked, except as provided for in § 322-12I(7); and shall not be located in any required buffer area or planting or maneuvering area. [Amended 10-7-1997]

J. The harboring or stabling of horses or ponies shall be in compliance with the following requirements:

(1) The proposed use shall be on not less than 1/2 acre of land.

(2) There shall not be more than one horse or pony per 1/2 acre of land, except that on a plot of 3/4 acre two such animals may be permitted. On a plot of one acre, three such animals may be permitted. Additional horses or ponies may be permitted at the rate of one such animal per additional 1/2 acre. The use shall be accessory to the principal residential use of the property or shall be for the purpose of agricultural use. All activities shall be conducted for the use of the resident. No boarding or rental of horses or ponies shall be permitted whatsoever.

(3) All horses or ponies shall be sheltered in barns, stables or other roofed structures which shall be constructed and maintained in accordance with the Building Code of the Town of Smithtown and pursuant to all applicable provisions of this chapter.

(4) All horses or ponies shall be harbored in a fenced-in area that does not encroach into any required front or side yard. Furthermore, the fence shall be set back at least six feet from any side or rear property line. The fence shall be between four and six feet in height and shall be constructed of suitable material. All enclosures shall provide for a gate with a safety latch or lock.

K. In the SCB, CB and NB Districts, game rooms shall be permitted as an auxiliary and incidental use for the following uses only: taverns, restaurants, counter service restaurants, discotheques, hotels and motels. Only one game room shall be permitted per site. The floor area of the building used as a game room shall not exceed 10% of the total building area or 250 square feet, whichever is less, and further, no sign referring to said game machines or game rooms shall be erected, affixed or maintained in such a way as to be visible from the exterior of the building.

L. Drive-in windows. Adequate queuing shall be provided so that cars do not queue in required aisles or driveways or onto public streets.

M. The installation of tires, batteries, stereo systems and car phones purchased on premises shall be permitted as a customary accessory use to any retail store exceeding 100,000 square feet gross floor area in the SCB District, provided that all of the following requirements are met: [Added 11-1-1994]

(1) Outdoor storage or display of tires, batteries, stereo systems and car phones and outdoor installation work shall not be permitted at any time.

(2) The floor area for installation shall be less than 10% of the floor area of the retail store to which it is accessory.

(3) No portion of the area used for installation shall be less than 300 feet from any developed residential district.

(4) If any portion of the area used for installation is less than 500 feet from any developed residential district, all garage doors associated with the installation facility shall face away from said residential district.

N. Parking and/or storage of commercial vehicles. [Added 12-10-1996]

(1) In all districts:

(a) The use shall be clearly accessory and incidental to a principal use that has site plan approval. All other parking and/or storage of commercial vehicles which are not accessory or incidental will be classified as a trucking station.

(b) The parking and/or storage of large commercial vehicles shall not be permitted, except in conformity with an approved site plan.

(c) No repair, maintenance or any other service shall be permitted except at a filling station or repair garage or trucking station.

(d) The use shall not be permitted in any required front yard, buffer, landscaping, parking spaces, aisles, sidewalks or planting strips.

(e) No large commercial vehicle shall be parked or stored within 100 feet of a residence district.

(2) In the CF, PB and OB Districts and residence districts:

(a) No large commercial vehicle shall be parked or stored overnight.

(b) Not more than one commercial vehicle shall be parked or stored overnight.

(c) No commercial vehicle which would otherwise be permitted to be parked or stored pursuant to Subsection N(2)(B), above, shall be so permitted, if said vehicle shall have a commercial sign affixed or painted thereon. [Added 8-2-2010]

(3) The number of commercial vehicles parked and/or stored on a site shall note the following:

O. Outdoor dining areas. In Central Business (CB) Districts, the regulations set forth in § 322-82C(25) shall be met. [Added 10-2-2012]