[Amended 10-21-1986; 2-13-1990; 12-9-1997; 1-27-1998; 7-2-2008]
A. No fence, wall, or berm shall exceed six feet in height; except that no fence, wall, or berm in a required front yard shall exceed four feet in height, except as otherwise provided in the Table of Dimensional Regulations located at the end of this chapter, and no fence, wall, or berm in a corner clearance triangle, as described in § 322-16 of this chapter, shall exceed two feet in height. [Amended 10-2-2012]
B. No retaining wall higher than 30 inches, and no fence, berm or other wall higher than four feet, shall be constructed or substantially reconstructed except in conformity with a building permit.
C. The height of a fence or wall shall be measured vertically from the natural or approved grade to the top of the fence or wall, including the posts and appurtenances, but not including an arbor built into any such fence or wall, provided said arbor shall not exceed eight feet in height. For purposes of this section, an arbor shall be defined as an ornamental structure forming an archway over an opening or gateway within a fence or wall. No fence or wall shall be located on a berm. [Added 10-2-2012]
D. The posts and structural members shall face inward, except for residential fences abutting business and industrial land uses.
E. The minimum setback of retaining walls from all property lines shall be the height, of the retaining wall or three feet, whichever is greater. Fences and walls shall be set back from retaining walls one foot for every foot of height of the retaining wall.
F. Retaining walls may be constructed of only pressure-treated timber, mechanically stabilized segmental block (mortarless), or cast-in-place concrete. Timber walls shall not exceed four feet in height, and shall not be used in tiered retaining wall construction.
G. The maximum grade of berms shall be one foot vertical for every three feet horizontal. No portion of a berm shall be on public property.
H. All berms shall consist of only pure Long Island loam and topsoil.
I. The entire berm shall be stabilized with live groundcover. No tree species with a maximum typical height greater than 20 feet shall be planted on any berm.
J. No stormwater runoff shall be diverted by the construction of a berm in a manner that creates the need for drainage structures on adjacent properties or causes or worsens flooding on nearby property.
K. The Board of Site Plan Review may modify these requirements in the site plan approval process as it determines necessary to promote the purposes of this chapter.
A. Nothing herein contained shall restrict the height of a church spire, cupola, dome, belfry, clock tower, transmission line tower, flagpole, chimney flue, public water supply tank or any firesafety structure which may be required by the New York State Fire Safety Code. [Amended 9-5-1989; 12-10-1991; 8-31-1999]
B. No structure erected pursuant to Subsection A above to a height in excess of the height limit for the zone in which it is situated shall:
(2) Be used for residence or tenancy purposes.
(3) Have any sign, nameplate display or advertising device of any kind whatsoever inscribed upon or attached to such structure.
C. Notwithstanding the maximum height limits stipulated in §§ 322-8C, 322-9C and 322-10C (Table of Dimensional Regulations), a public or semipublic building may be erected to a height not to exceed 50 feet, provided that its front, side and rear yards are increased above the stipulated minimum by one additional foot for each foot that such building exceeds the stipulated height limit. [Amended 10-21-1986]
[Amended 2-25-1939; 8-22-1989; 3-23-1993]
A. All required yards shall be kept open except for:
(1) Cornices, eaves and gutters projecting not more than 18 inches.
(2) Steps giving access to the first floor.
(3) Bay windows, chimneys and fireplaces not wider than six feet and projecting not more than 24 inches.
(4) Decks as specifically authorized in § 322-15B.
(5) Handicap ramps.
(6) Porticos, up to six feet wide and up to six feet deep; provided the structure to which it is attached meets all other required setbacks. [Added 10-2-2012]
B. Except for the R-6 District, decks shall observe the following setbacks:
(1) Decks under six inches in height are permitted in any required yard but shall be set back at least three feet from all property lines.
(2) Decks six to 18 inches in height shall be permitted to encroach eight feet into the required front yard, provided that the deck shall meet the side yard requirements for principal buildings.
(3) Decks having a maximum height of six to 36 inches shall comply with the setback requirements for accessory structures.
(4) Decks over 36 inches in height shall comply with the setback requirements for principal buildings.
(5) Decks shall not be used in determining the FAR, but decks greater than six inches in height shall not exceed the actual building coverage.
(6) Railings, posts and/or walls shall not exceed four feet in height above the decks.
C. Through lots shall provide for the applicable required front yard on each street frontage.
D. For garage entrances facing into a side yard area, when attached or part of the main building in any residential zone, the minimum side yard on that side of the building shall be increased to 35 feet, the other minimum side yard shall be observed and the total for both side yards shall be increased pursuant to the above.
On a corner lot, within the triangular area (see sketch) determined as provided in this section, no wall or fence or other structure shall be erected to a height above the curb level in excess of two feet; no vehicle, object or any other obstruction of a height in excess of two feet shall be parked or placed therein; and no hedge, shrub or other growth shall be maintained at a height in excess of two feet, except that trees whose branches are trimmed away to a height of at least eight feet above the curb level shall be permitted. Such triangular area shall be determined by the intersecting street center lines and a diagonal connecting two points, one on each street center line, each of whose points is 75 feet from the intersection of such street center lines.
It shall be unlawful to construct, install, enlarge or maintain any outdoor swimming pool on any lot or land area except in compliance with the following requirements:
A. The construction, installation, enlargement or alteration of any pool shall require a permit issued by the Building Director, and the proposed work shall be subject to all applicable provisions of the Town of Smithtown Code and the New York State Uniform Fire Prevention and Building Code. [Amended 5-8-2007; 5-5-2009]
B. A complete set of drawings and plans shall be submitted to the Building Director, showing among other things, the exact location of the pool with respect to the lot or land on which it is to be located and the applicable zone district regulation and information pertinent to the pool itself, the fence construction, the water supply system and all appurtenances, as well as detailed plans and vertical elevations. All construction shall be in conformance with such drawings and plans as approved by the Building Director. [Amended 5-8-2007]
C. Water disposal. All water either overflowing or emptying from the pool shall be disposed of on the owner's land, and plans submitted shall show provisions made for preventing such water from flowing onto the land of any adjoining property owner or into any abutting street.
D. Fences. All pools shall be completely and continuously surrounded and enclosed by a permanent durable wall, barrier or fence, in accordance with the New York State Uniform Fire Prevention and Building Code requirements. In the event that the swimming pool is the above-ground type and is so constructed that it contains a wall, barrier or fence mounted on top of the pool structure installed in accordance with the New York State Uniform Fire Prevention and Building Code, it must be additionally enclosed with a fence around the property in compliance with § 322-13 herein. [Amended 9-21-1965; 2-1-1972; 5-8-2007; 5-5-2009]
E. Size and location. All pools which are accessory uses shall comply with the requirements for accessory buildings, except that the lot area occupied by such pools shall not be included in computing the percentage of the lot area which may be built upon.
A. One private mobile home or house trailer may be temporarily stored on the same lot with a single-family dwelling for a period not to exceed three months in any calendar year, provided that:
(1) The mobile home or house trailer belongs to the occupant of the single-family dwelling or his guest.
(2) The occupant of the single-family dwelling is either the owner of the property or has the written permission of the owner to store such unit.
(3) The mobile home or house trailer is not used for residential purposes.
(4) Every toilet shall be sealed or locked so that it cannot be used during the storage period.
(5) The mobile home or house trailer shall be located on the lot or land in conformance with the provisions of this chapter for accessory buildings.
(6) The mobile home or house trailer and its site shall be maintained in a manner compatible with community standards and it shall not constitute a nuisance or hazard to the health, safety and general welfare of the community in which it is located.
B. Applications for such temporary storage permits shall be made to the Building Director. They shall be approved prior to the time that the mobile home or house trailer is located on the site. [Amended 5-8-2007]
C. Any permit issued pursuant to this section may be revoked by the Building Director, in the exercise of his reasonable discretion, if after due investigation he deems that the permit holder has violated any of the provisions of this chapter or the conditions on which the permit was issued. [Amended 5-8-2007]
[Amended 1-7-1986; 7-12-1988]
A. In any location on the Building Zone Map where environmentally sensitive lands are shown as not included in any zoning district, such lands shall be construed to lie with a CF District.
B. No environmentally sensitive land shall be used to calculate the permitted density, building coverage, floor area or minimum lot area, except as provided herein: [Amended 9-12-1989]
(1) The Planning Board shall have the authority to vary the requirements of Subsection B above to permit the inclusion of environmentally sensitive lands in the calculation of permitted density, building coverage, floor area or minimum lot area, in the following circumstances:
(a) Where land is deemed environmentally sensitive because of slopes greater than 15%, the Planning Board may grant a variance for up to 50% of the maximum permissible yield if the land were deemed not to be environmentally sensitive.
(b) Where land is deemed environmentally sensitive because the depth to groundwater is equal to or less than 10 feet, the Planning Board may grant a variance for up to 50% of the maximum permissible yield if the land were deemed not to be environmentally sensitive.
(2) In considering a request for a variance from the requirements of this section, the Planning Board shall adhere to the applicable provisions set forth in Chapter 248 of the Town Code.
(3) If, after due consideration of Subsection B(1)(a) and (b), the calculated density, building coverage, floor area or minimum or maximum lot area of the entire parcel of land in question is zero because of a determination that the entire parcel has been classified as environmentally sensitive, then the Planning Board is authorized to permit a maximum yield of one unit for the entire parcel of land.
C. Except as provided for in Subsection F, no environmentally sensitive land shall be altered by excavation, storage, corn paction, construction activities, vegetation removal or the placement of fill or other activity. [Amended 4-28-2011]
D. No structure, including but not limited to buildings, decks, garages, sheds, swimming pools, fences, walks and driveways, shall be constructed, enlarged, altered or replaced within 100 feet from any wetland, escarpment, natural surface water feature or significant wildlife habitat.
E. No structure shall be constructed, enlarged, altered or replaced within 10 feet of any slope higher than five feet and having a slope greater than 15% or any A or V Flood Hazard Zone.
F. In areas where the only environmentally sensitive land that will be impacted is land where depth to the seasonal high water table is less than 10 feet, the following actions shall be exempt from Subsection C: [Added 4-28-2011]
(1) Construction of a deck.
(2) Installation of a fence.
(3) Construction of a shed less than 100 square feet.
A. In order to assure orderly and compatible relationships between residence and nonresidence districts along their common boundaries, the provisions of this section are general requirements to be applied as indicated in specific districts. They do not take precedence over special requirements indicated for particular uses or for special exception uses in the other sections of this chapter.
B. Required setbacks and buffer yards adjoining a residence district: [Amended 11-10-1970; 6-25-1985; 10-21-1986; 2-13-1990]
(1) In the PB, OB, SCB, NB, CB and WSI Districts, the minimum required side and/or rear yard shall be 50 feet.
(2) In the LI and HI Districts, the minimum required side and rear yard shall be 100 feet, shall be maintained as a densely planted buffer zone and shall not be used for parking, storage or accessory structures except for the buffer fence as required by this chapter.
C. Required buffer screen adjoining a residence district. In the CB, SCB, NB, OB, WSI, LI and HI Districts, a six-foot screen fence (stockade, metal posts) shall be erected at the side and rear property lines on metal fence posts fixed in concrete footings, in accordance with Town specifications. The fence posts shall not face residential property and, in addition, a ten-foot-wide protective planting strip shall be established and maintained in accordance with Town specifications immediately inside the fence along the residence district boundary. [Amended 11-29-1966; 11-20-1973; 6-25-1985; 8-31-1999]
D. Landscaping. [Added 6-25-1985]
(1) All areas of any site not used for structures, driveways, parking, truck-loading areas and walkways shall be planted with ground cover, shrubs and trees in conformance with a landscape plan approved by the Board of Site Plan Review in accordance with the provisions of Article XIII.
(2) In the case of injury or death to any plant material, the plant shall be promptly replaced with a plant of the same species and of the same specifications as shown on the approved site plan.
E. On all sites reviewed by the Board of Site Plan Review, there shall be in-ground irrigation systems adequate to cover all landscaped areas between the building setback line and any public street, unless otherwise determined by the Board of Site Plan Review. [Added 6-25-1985]
F. All roof equipment must be screened from view from the street(s) adjoining the property. [Added 6-25-1985]
A. In individual building plans, wings of the same buildings which are substantially parallel to each other shall be not less than 30 feet apart.
B. Principal buildings in a group development shall be not less than 30 feet apart at their nearest point to each other.
C. Groups of accessory structures, such as a garage compound, or individual accessory structures equivalent in floor area to principal buildings, shall be not less than 30 feet from the nearest point on a principal building.
D. Minor accessory structures shall meet the requirements of § 322-12A.
A. All proposed development projects which qualify as commercial centers (see § 322-3B for the definition) shall be subject to site plan approval by the Planning Board, based on the requirements of this section.
B. The applicant for a commercial center shall submit a site plan and drawings of the front, side and rear elevations of the building for approval by the Planning Board, all drawn accurately and to scale, indicating provisions for the following:
(1) Adequate provision for the control of the estimated traffic generated by the proposed use and for the prevention of unwarranted traffic hazards. As a part of this requirement, statements of approval shall be obtained from the State and County Department of Public Works, where appropriate, and the county police shall be notified of the proposal.
(2) Adequate provision for off-street parking and truck-loading spaces according to good practice for the proposed use as established by the Town, but in no case shall they be less than the requirements of this chapter.
(3) Adequate provision for the collection, storage and disposal of stormwater runoff from the site according to the standards established in the Smithtown Subdivision Regulations and specifically indicating any relationship to state or county drainage facilities.
(4) Provisions for the limitation of access, plant materials and fencing where necessary to properly protect surrounding properties, and provisions for sidewalks and curbs where deemed necessary.
(5) The harmonious exterior design of buildings, signs and structures so as to present a pleasing overall appearance within the development site and avoid disfiguration of the surrounding neighborhood. Consideration shall also be given to the shape and arrangement of buildings but not to the style or period of architecture.
C. The approved site plan shall become part of the construction drawings necessary for the issuance of a building permit by the Building Director, and the commercial center shall be constructed in accordance with the approved site plan. [Amended 5-8-2007]
