§ 322-23. Research laboratory and nonnuisance industry.

A. A research laboratory or nonnuisance industry shall not be deemed to include any use prohibited in § 322-11, any open storage of waste or scrap materials or any open storage of materials, products or equipment over an area exceeding the area of the principal building.

B. Permitted open storage areas shall be screened from view from the property line.

C. All materials processing and/or manufacturing of products shall be done indoors.

D. Water used in processing where a pollutant or any additive is accumulated in the process water shall not be disposed of on the premises. Pure process water may be disposed of on the premises by discharging into the sanitary waste disposal system or into a stormwater recharge basin, provided that such facilities have adequate capacity for the additional water.

E. There shall be no more than 50 employees per acre of site area on the site at any one time.

§ 322-24. Planned industrial park.

A. In the WSI, LI and HI Districts, application may be made for a planned industrial park status. (See § 322-3, definition of "planned industrial park.") Such application shall be accompanied by the proposed subdivision master plan for the entire site area showing streets, lots, building areas, parking areas and landscaping, among other things required by the Town of Smithtown Subdivision Regulations for a subdivision submission. [Amended 12-24-1968; 10-21-1986]

B. The Planning Board, in its consideration of the proposed subdivision plans through the statutory public hearing, shall also determine whether the area is suitable for development as a planned industrial park within the meaning of this chapter, whether the proposed planned industrial park is consistent with the use of surrounding property and is designed to promote and benefit the welfare of the Town and whether it complies with all the provisions of this chapter for such park.

C. The Planning Board, in its consideration of the overall master plan for a planned industrial park, may require larger front, side or rear yards around the perimeter of the park than indicated in the Table of Dimensional Regulations, §322-10C. [Amended 5-2-1978; 10-21-1986]

D. In approving a planned industrial park, the Planning Board may require changes in the proposed subdivision plan as it deems necessary and desirable for the proper utilization of the subject property and the protection of property values.

E. The Planning Board shall require the actual construction by the industrial developer of streets, drainage facilities, landscaping and other improvements in the same manner as for residential subdivisions.

F. There shall be no loading area located in any front yard area, whether an actual or required front yard. Loading areas located in a side yard area, if visible from any street, shall be screened with a wall and/or plant material. [Added 5-2-1978]

§ 322-25. Drainage.

[Amended 4-13-1965; 1-11-1972; 10-21-1986] The drainage of stormwater incident to any residential, commercial, industrial or other development use shall be stored and disposed of on the subject site in accordance with the specifications of the Town Engineer. No site shall be developed in a manner that would cause the discharge of stormwater into a wetland, stream, pond or similar surface water feature, unless the Town Engineer determines that the quantity, quality and other characteristics of the discharge after construction are the same as the characteristics of the discharge from the site in its natural state.

§ 322-26. Outdoor and window lighting.

[Added 2-13-1990; amended 9-13-1994]



A. Any outdoor lighting of any use shall be arranged in such a way that no direct glare is cast toward any highway or adjacent property, and luminary devices shall be hooded and/or arranged so that the source of the illumination is not visible from such highway or residential use. [Amended 4-15-2004]

B. In business and industrial districts, outdoor lighting other than for a permitted sign shall be limited to the illumination of the building for security purposes and to the lighting of parking areas and accessways as necessary for the same movement of pedestrians and vehicular traffic. Lighting intensity shall be limited to that which is necessary to afford the minimum adequate illumination for the purposes set forth in this section. The location, intensity and design of all luminary devices shall be subject to approval of the Board of Site Plan Review.

C. In all districts, flashing, intermittent, moving or chaser lights or lighting of varying intensity shall be prohibited, except for the period between November 15 and January 15.

§ 322-27. Schools.

[Added 8-22-1989]

A. All schools shall be on sites having not less than five acres and not less than 300 feet of frontage on public streets.

B. All principal and accessory buildings shall be set back at least 100 feet from all property lines. For the expansion or renovation of a nonconforming structure, the Board of Site Plan Review may reduce this setback requirement so that it equals the existing setback of the nonconforming structure. [Amended 8-9-1994]

C. The gross floor area shall not exceed 10% of the total site area.

D. All parking and loading areas shall be set back 50 feet from all streets and 75 feet from residential parcels.

§ 322-28. Coin-operated machines.

[Added 7-12-1966; amended 5-8-2007] Coin-operated machines for the sale of services or commodities may be permitted within the districts indicated in § 322-9B, subject to the following procedure:

A. All such machines presently in operation must be registered with the Building Director within 30 days following the date of adoption of this chapter. The fee for such registration and the fee for new registrations shall be $5 for each use. The permit number shall be prominently displayed upon said machine.

B. An application for a coin-operated machine shall be submitted to the Building Director, along with four copies of a site plan clearly showing the proposed location of said coin-operated machine in relationship to existing property lines, buildings and structures, off-street parking areas, sidewalks, curbs, curb cuts, street trees, landscaping, fences and signs. Information or a drawing depicting the size, shape, color and proposed lighting of the coin-operated machine shall also be submitted.

C. The Building Director shall forward a copy of the required site plan and other pertinent data to the Planning Director, who shall review it and forward his recommendation with respect thereto within 10 days after receipt to the Board of Site Plan Review for its approval or disapproval. No permit shall be issued until the Building Director has received approval from the Board of Site Plan Review. The decision of said Board shall be administratively final. [Amended 12-22-1981; 1-25-1983]

§ 322-29. Local Waterfront Revitalization Program (LWRP).

[Added 7-25-1989]

A. The following actions shall be subject to the LWRP: zone changes, subdivisions, site plans, building permits for new buildings, special exceptions, permits for any actions requiring the following variances; land use, height, signage, parking, density or environmentally sensitive lands, and shall not be approved, authorized, issued or altered until the Town Board determines in writing, pursuant to Chapter 151, Art. II of the Town Code, that the action is consistent with the LWRP policies, standards and conditions. [Amended 12-20-1994]

B. The land use of all nonresidential districts in the local coastal area shall not be expanded, intensified or changed, except to water-dependent uses, unless the Town Board determines that no water- dependent use is feasible and further finds that such change, expansion or intensification of use is consistent with the policies, standards and conditions described in § III of the LWRP.

C. Natural vegetation shall be preserved and street trees and new plant materials shall be installed for all structures constructed and/or enlarged after the effective date of this provision so that at least 75% of the building that would otherwise be visible from any surface water in the coastal area shall be screened at the time of completion of construction.

D. Buildings in the local waterfront area shall conform to the requirements specified in the following table: