[Amended 7-12-1966; 5-2-1967;10-29-1968; 6-9-1970; 7-7-1970;10-26-1971;,6-26-1973; 3-4-1975;,6-24-1975;,6-8-1976; 5-20-1978; 10-31-1978; 6-26-1979;, 7-10-1979;,8-19-1980; 9-8-1981;,12-22-1981;,4-20-1982; 1-25-1983; 6-25-1983; 7-12-1983;, 10-9-1984;,12-4-1984; 2-5-1985;,6-25-1985;,1-7-1986; 10-21-1986; 10-28-1986; 9-6-1988; 4-25-1989; 6-20-1989; 8-22-1989; 2-13-1990; 8-14-1990; 12-4-1990 by L. L. No. 8-1990; 12-10-1991; 6-9-1992; 3-8-1994; 8-9-1994; 9-13-1994; 12-6-1994]
A. No special exception use for which the Board of Appeals has original jurisdiction according to the Table of Use Regulations shall be established or modified without prior approval by this Board. No premises on which a special exception use exists shall be modified without prior approval by the Board.
(1) Such use shall be one which is specifically authorized as a special exception use in the district within which the subject site is located.
(2) Every decision by the Board of Appeals granting a permit for a special exception use sha ll clearly set forth the nature and extent of such authorized use and any special conditions or safeguards to which it shall be subject as a result of the Board's findings. Violations of any such limitations or special conditions and safeguards shall be deemed a violation of this chapter, punishable under the provisions of § 322-105.
(3) A special exception use for which a permit is granted by the Board of Appeals pursuant to the provisions of this article shall be construed to be a conforming use.
(4) Any special exception use approved prior to an amendment of any of the general sta ndards or specific conditions shall be deemed nonconforming with respect to the amendment only.
B. Compliance required. No special exception use shall be approved unless the Board of Zoning Appeals determines that the use is in full compliance with the general standards required for all special exception uses as described in § 322-94G and the special standards for certain special exception uses as described in § 322-82C. [Amended 6-24-2010]
C. Special standards for certain special exception uses. [Amended 6-24-1997; 7-8-1997; 10-7-1997;10-28-1997; 12-9-1997; 1-27-1998; 5-11-1999; 5-25-1999; 4-9-2002; 7-22-2003; 7-13-2004; 11-23-2004; 7-11-2006; 7-25-2006; 5-8-2007; 9-11-2007 by L.L. No. 6-2007; 6-24-2010]
(1) Animal boarding; kennel; veterinarian; animal hospice; animal hospital. The following requirements shall be met:
(a) Outside pens or exercise runs shall be maintained in the WSI Zone only, provided that such runs are located at least 100 feet from all property lines and at least 200 feet from any residence district. Such runs shall be enclosed on all sides by a wall or solid fence between five and six feet in height.
(b) In the WSI District, side yard requirements shall be increased to so feet, unless the pro posed building will comply with Subsection C(1)(c) below.
(c) In the NB, CB, and SCB Districts, all treatment rooms, cages, pens, runs and kennels shall be maintained within a completely enclosed soundproof building. Structural plans and specifications shall bear the certification of an acoustical engineer verifying that the proposed structure will achieve the required sound transmission loss, pursuant to Chapter 207, Noise, of the Town Code.
(d) Appropriate equipment shall be provided to absorb odors and adequate service provided for the removal of refuse.
(2) Arena; assembly hall. The following requirements shall be met:
(a) No structure shall be built within 100 feet of any residence district.
(b) In the WSI District, the proposed use shall be located on a site with an area of not less than five acres.
(3) Parking in a residence district adjacent to and for a use located in a business or industrial district. The following requirements shall be met:
(a) The parking shall be on the same lot as the principal use, and the lot shall have been in existence since the date that the district boundary line that divides the lot was created.
(b) The residential portion of the lot shall be unusable for residential purposes by reason of size, shape or the lack of suitable potential access.
(c) The parking shall not extend more than so feet into the residence district.
(d) A densely planted buffer zone shall be maintained on site along the edges of the parking that faces a residence district, except where facing other lots that are used principally for commercial purposes. The depth of this buffer shall be at least equal to the depth of the extension of the parking into the residence district or shall be 15 feet, whichever is greater.
(e) The principal building shall conform to the floor area ratio, building coverage, height and parking requirements for the district in which the building is located.
(f) In the St. James Central Business District, the parking shall not extend more than 150 feet from Lake Avenue.
(4) In the PB District, for buildings having a gross floor area larger than 2,500 square feet, the following requirements shall be met:
(a) The building shall be similar in appearance to other residences within 200 feet regarding placement, orientation, size, bulk, building material, style and roofline.
(b) The premises shall meet all regulations set forth in § 322-9C and Article IX.
(5) Day camp. The following requirements shall be met:
(a) The proposed use shall be on a site of no less than five acres with no less than 300 feet of street frontage.
(b) There shall be no more than one camper or student for every 2,000 square feet of site area.
(c) All buildings, structures and areas of organized activity, such as baseball diamonds, basketball courts, riding areas, swimming pools, etc., shall be located at least 100 feet from all property and street lines.
(d) Off-street parking areas shall be located at least so feet from any property line.
(e) No more than one permanent family dwelling unit shall be permitted on the subject premises, and said dwelling unit must comply with all the regulations and provisions of this chapter and other applicable ordinances of the Town of Smithtown as they pertain to the zoning district in which the subject premises is located.
(f) No outdoor floodlighting or loudspeaker systems shall be permitted.
(g) Only one sign, not larger than four square feet in area, shall be permitted.
(h) Landscaping and fencing shall be provided as required by the Board of Appeals.
(6) Nightclub and counter-service restaurant. The following requirements shall be met: [Amended 3-22-2012]
(a) No nightclub site shall be permitted within 200 feet of any residence district.
(b) Planting areas at least 25 feet in depth shall be provided adjacent to residence districts and along the front property lines and at least six feet in depth along the other property lines.
(c) Not more than two curb cuts shall be permitted. They shall be at least 75 feet apart and shall be at least 75 feet from a residence district.
(d) Drive-in windows shall not be located along any building elevation facing a residence district, and a queuing lane shall be provided of sufficient length to prevent queued cars from interfering with traffic on any highway or in the parking area.
(e) No outdoor loudspeaker shall be permitted except for drive-in windows. The loudspeaker shall not be audible from any residential lot.
(f) No outdoor dining area or outdoor play area shall be permitted.
(7) Filling station. The following requirements shall be met:
(a) The site shall be at least 500 feet from any church, school, library, playground or similar place of public assembly. The site shall not be within the Local Waterfront Area or within 1,200 feet of the Nissequogue River or its tributaries. Sites in the NB and CB Districts shall be at least 1,200 feet from any existing filling station.
(b) The use shall be on a site of not less than 20,000 square feet, with no less than 150 feet of street frontage on any public road.
(c) The gross floor area shall not exceed 1,500 square feet, and the building shall not be more than one story in height.
(d) A densely planted buffer area at least so feet deep shall be maintained adjacent to residence districts or uses.
(e) Pump islands shall be at least 25 feet from all property lines and buildings. Except as otherwise provided pursuant to § 322-82C(13), no fuel shall be stored above ground.
(f) Outdoor storage or display of tires or similar accessories and outdoor repair work shall not be permitted at anytime. No overnight outdoor storage or parking of vehicles shall be permitted.
(g) The premises shall not be used for the sale, rent or display or vehicles, boats or similar articles.
(h) Signage shall comply with the dimensional requirements of Article X of this chapter.
(i) No retail sales over 350 square feet in area are permitted except for the following:
[1] Fuel, oil, coolant and similar automotive products.
[2] Goods from coin-operated machines, provided that the machines are within the building.
[3] Accessory convenience sales, provided that the following conditions are met:
[a] The site is zoned NB or CB.
[b] No repair bays are on-site.
[c] The site has been in continuous use as a filling station since January 1, 1994.
[d] The gross floor area for a new filling station with accessory convenience sales, as defined by § 322-3B, shall not exceed 1,000 square feet in gross floor area. In converting an existing filling station building, not more than 1,000 square feet of floor area shall be used for any purpose, including ancillary purposes.
[e] The parking shall be sufficient for the use but in no case less than the requirement for a retail store of the same floor area.
(8) Horsemanship school or stable. The following requirements shall be met:
(a) The proposed use shall be on a site of not less than five acres, with no less than 300 feet of street frontage. In determining the area, no portion of the premises less than 150 feet in width shall be included.
(b) The number of horses stabled on the site shall be no more than three for each acre of lot area.
(c) The property shall not be used for a livery stable, dude ranch or amusement park, nor shall any horse or pony rides be sold or advertised for sale.
(d) The site plan for the proposed use shall show the location of existing and proposed structures, riding areas, driveways and parking areas.
(e) Stables shall be located at least 6o feet from front, side and rear property lines; provided, however, that in cases involving structures existing at the effective date of this chapter, the Board of Appeals may permit modifications of these restrictions.
(f) No living quarters other than one one-family dwelling shall be constructed or maintained on the premises, and no living quarters shall be permitted in any building in which the horses are stabled.
(g) No outdoor floodlighting or loudspeaker system shall be permitted.
(h) Only one sign, not larger than four square feet in area, shall be permitted.
(i) Landscaping and fencing shall be provided around the perimeter of the premises as required by the Board of Appeals.
(j) Special exception uses authorized under this category shall be limited to a lifetime of not more than five years. No authorization or renewal of a previous authorization shall be granted by the Board of Appeals pursuant to this chapter if the Board finds that the development of land adjacent to the site has advanced to a degree where the health, safety or general welfare of the public is endangered by the proposed use.
(9) Day-care center and nursery school. The following requirements shall be met:
(a) In residence districts, the use shall be located only on a lawfully existing day camp or on a site of at least one acre in area, of a hospital, nursing home, church or school.
(b) A passenger loading/discharge zone of adequate size shall be provided in a suitable on-site location so that pedestrians will not have to cross drives or aisles in order to reach their destinations.
(c) The outside recreation area shall be set back from hazardous uses so as to comply with the United States Department of Housing and Urban Development standards for siting urban development with respect to hazardous commercial/industrial facilities.
(d) The building and outdoor play area shall not be permitted in the required front yard or within 5o feet of any residential lot.
(e) The outdoor play areas shall be adequately protected from traffic and shall be set back at least 10 feet from all parking areas.
(f) The use of the outdoor play area shall be limited to 8:00 a.m. to 5:00 p.m. unless otherwise modified by the Board
(10) (Reserved)
(11) Membership club, nonprofit. The following requirements shall be met:
(a) In residential districts:
[1] The proposed use shall be on a site of not less than two acres with not less than 200 feet of the street frontage.
[2] All buildings and structures shall be located at least 6o feet from the front, side or rear property lines. The Board of Appeals may permit modification of this restriction involving existing structures.
[3] The total building area shall not exceed 10% of the total lot area.
[4] Off-street parking areas shall be located at least 30 feet from all property lines and shall be screened from adjacent properties by appropriate landscaping.
[5] No living quarters other than one dwelling unit for the caretaker or manager and his family shall be permitted.
[6] No outdoor floodlighting or loudspeaker system shall be permitted.
[7] Only one sign, not larger than four square feet, shall be permitted. No banners or attention-getting devices shall be permitted.
[8] The exterior of the building shall be designed, if new, or maintained, if existing, to present the general appearance of a residence, and the site shall be landscaped in the same manner.
(b) In nonresidential districts:
[1] The proposed use shall be on a site of not less than one acre of land with not less than 100 feet of street frontage.
[2] No outdoor floodlighting or loudspeaker systems shall be permitted.
(12) Mini storage warehouse. The following requirements shall be met:
(a) The premises shall comply with the provisions of § 322-30.1 of this chapter.
(b) The landscaped area shall be at least 25% of the lot.
(13) Propane exchange. The following requirements shall be met:
(a) This land use shall be permitted only as an accessory use to filling stations, fuel storage and distribution, and nurseries.
(b) The site shall be at least 500 feet from any church, school, theater, recreation area or similar place of public assembly.
(c) All cylinders shall be stored in sturdy metal cages finished in a dark color so as to be inconspicuous. Bollards which meet the design requirements of the Board of Site Plan Review shall be constructed to protect the cages from vehicles.
(d) The maximum storage capacity on the site shall not exceed 200 gallons.
(e) All cylinders shall be set back at least 5o feet from highways, residence districts, and lots used for residence, and six feet from adjacent lots, parking areas and driveways.
(14) Repair garage. The following requirements shall be met:
(a) The proposed use shall be on a site of not less than 20,000 square feet, with no less than 100 feet of frontage on each public street. The gross floor area shall not exceed 25% of the lot area.
(b) The site shall not be within 500 feet of any church, school, library, playground or any other similar place of public assembly.
(c) The sale of fuel, either wholesale or retail, shall not be permitted.
(d) A densely planted buffer zone, at least so feet deep, shall be maintained adjacent to any residence district.
(e) Outdoor storage or display of vehicle parts, dismantled vehicles, tires and similar accessories and outdoor repair work shall not be permitted at anytime. Overnight outdoor storage and parking of vehicles shall be limited to an area less than 3,500 square feet, which shall be enclosed by a six-foot-high opaque fence.
(f) Premises shall not be used for the sale, rent or display of motor vehicles, mobile homes, boats or similar articles.
(g) The only sale or service permitted shall be for commodities related to automotive needs unless such sale or service is licensed as a coin-operated machine under § 322-28 of this chapter.
(h) In the WSI and HI Districts, the sale of motor vehicle parts shall be permitted as an accessory use, provided that the floor area used for the sale display and storage of parts shall not exceed 49% of the floor area used for the repair of vehicles.
(15) (Reserved)
(16) Swimming or boat club. The same requirements as stated for membership club, nonprofit, shall be met, except that:
(a) The proposed use shall be on a site of not less than two acres with no less than 100 feet of street frontage.
(b) All buildings, structures and areas of organized activity, such as picnic areas or terraces, game courts, swimming pools, etc., shall be located at least 100 feet from all property or street lines.
(c) All areas of organized activity shall be screened by landscaping from adjacent properties.
(d) Boat berth facilities shall not have an aggregate berth width in excess of the length of the available water frontage.
(17) Theater; multiplex theater; outdoor theater. The following requirements shall be met:
(a) Indoor theater of less than 100 seats: the same dimensional and buffer requirements as required in the Shopping Center Business District (SCB) as noted in §§ 322-9B and 322-20.
(b) Indoor theater with more than 100 seats and not a multiplex theater.
[1] No structure shall be built within 100 feet of any residential district.
[2] In the WSI District, the proposed use shall be located on a site with an area of not less than two acres.
[3] In the WSI District, off-street parking areas shall be located at least 30 feet from the front property line.
(c) Outdoor theater: the same requirements as stated for "arena; assembly hall."
(d) Multiplex theater.
[1] The proposed use shall be on a site of not less than five acres with no less than 200 feet of street frontage.
[2] The entrance to the site shall be located at least 1,000 feet from the intersection of any two major arterial roads as classified by the Town's Comprehensive Plan.
[3] The proposed site shall be at least 500 feet from the local waterfront area and the tributaries of the Nissequogue River.
[4] Suitable and safe pedestrian access between the parking and the building shall be provided, subject to the approval of the Town of Smithtown Traffic Safety Director.
[5] A loading zone of at least one square foot per 20 square feet of gross floor area shall be provided between the parking and the building entrance.
[6] A minimum landscaped area of 18% of the site area shall be provided, not including any required buffer zone.
[7] A one-hundred-foot buffer zone shall be constructed with dense evergreen shrubs and trees adjacent to residential districts.
[8] No structure shall be built within 200 feet of any residence district.
[9] Buildings shall be set back from all lot lines as required in § 322-9, or such building shall be set back at least two feet per one foot of building height, whichever is greater.
[10] (Reserved)
[11] There shall be adequate provision for off-street parking as required under § 322-62.
(18) Trucking station. The same requirements as stated for filling station shall be met, except that the requirement set forth in Subsection C(7)(c), (f) and (g) above shall not be applicable to a trucking station, and, in addition, the Board of Appeals shall provide for the adequate muffling of such noises as diesel engine starters and the overnight operation of refrigeration units so that they shall not create a nuisance on adjacent properties.
(19) Temporary living quarters for parent. The following requirements shall be met:
(a) The residents of the proposed use shall be members of the immediate family of the residents of the main dwelling. Members of the immediate family shall include: parents, children, siblings, grandparents or grandchildren related by blood, adoption, marriage or foster parent-child relationship.
(b) There shall be not more than one separate temporary dwelling unit per residence. The floor area of the temporary dwelling unit shall not exceed the greater of:
[1] Six hundred square feet; or
[2] Four percent of the lot up to 1,000 square feet.
(c) (Reserved)
(d) The floor plan submitted with the application shall show that it is economical and practical to convert the use back to a single family residence and the applicant shall file with the deed in the Suffolk County Clerk's office a covenant agreeing to comply with all of the special exception requirements.
(e) The proposed use shall be for an initial three year period, renewable every three years by the Building Director, who shall inspect the premises to determine if the residents and physical conditions of the premises are the same as approved. Special exception approval shall terminate upon such change, the separate cooking facilities shall be removed and access to the main residence shall be restored.
(20) Parking garage. The following requirements shall be met:
(a) The proposed use shall be on a site of not less than five acres with not less than 300 feet of street frontage.
(b) The proposed garage shall result in a total floor area which in no case shall exceed the total floor area which could be permitted, in the Board's judgment, if the land were developed without a parking garage and if the development conformed to all other requirements in this chapter.
(c) The garage shall not be located less than 50 feet from any property line, 100 feet from any residence district or within any required yard.
(d) No structure on the site shall exceed 35 feet in height.
(21) (Reserved)
(22) Harboring or stabling of horses or ponies in the R-15, R-10 and R-10S Districts. The following requirements shall be met:
(a) The use shall be permitted only if § 322-12I is complied with.
(b) A signed affidavit shall be submitted to the Board to the effect that, at the termination of the use, the fenced runs, barns, stables or other accessory buildings for horses or ponies shall be removed and the grounds shall revert to its original use.
(c) The proposed use shall be for an initial three-year period, renewable every three years by the Building Director. At such time the Building Director will conduct an inspection of the site to determine that the lot area and stabling facilities are adequate to assure that no adverse effects have occurred to adjoining properties, i.e., noise, smell, vermin, poor property maintenance or hazardous health conditions.
(d) Each renewal application shall be subject to a filing fee of $100.
(23) Accessory apartment dwelling units. The following requirements shall be met:
(a) The apartment dwelling units shall not be located on the first floor of the building.
(b) No apartment dwelling shall consist of more than two bedrooms.
(c) A suitable means of access to the dwelling unit shall be provided, which shall be sufficiently safe and attractive for pedestrian use.
(d) A smoke detector, fire alarm or sprinkler system shall be provided.
(e) There shall be adequate provision for off-street parking according to good practice, but not less than the requirements specified in this chapter, unless the Board determines that there is adequate available off-street parking in a public parking lot that is located within 200 feet walking distance of the access to the apartment dwelling unit. Notwithstanding § 322-82B(8), the Board of Appeals may permit a reduction in the number of parking and truck-loading spaces, provided that the Board finds that the general standards described in § 322-83B are met, the building and site design conform to the development plan for the central business district in which the site is located and that the number of parking stalls shall not be less than 60% of the requirements for the uses as described in Article IX.
(f) Accessory apartment dwelling units shall only be permitted on premises containing only the following uses: a retail store or shop, personal shop, office, bank, funeral home, restaurant, tavern, bar, inn or shop for custom work and making articles sold on the premises.
(g) Permission for the proposed accessory use shall be for an initial three-year period, renewable every three years by the Board of Appeals, which shall determine whether or not the use is in compliance with these requirements. A covenant in recordable form shall be submitted to the Board of Appeals by the property owner, agreeing to remove the residential use upon termination of the permit. Upon the property owner's failure to renew within 60 days of the termination of the three-year period, the permission of the Board of Zoning Appeals shall automatically terminate.
(24) Home occupation. Except for home occupations and home professional offices, as defined in § 322-3, that were in existence prior to October 1984, and which were in compliance with the provisions of the Building Zone Ordinance at that time, the following requirements shall be met:
(a) The home occupation is to be an accessory use so located and conducted that the use would not be evident to neighbors.
(b) Nuisances and hazards.
[1] The use shall not create any undue noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance.
[2] The use shall require no electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit or which creates noise not normally associated with residential uses.
[3] The use shall not introduce any odorous, hazardous, noxious or toxic fumes into the air.
(c) Signage shall be in compliance with the regulations described in Article X of this ordinance.
(d) There shall be no outdoor storage of supplies or finished products or any equipment used in the home occupation.
(e) There may be one separate outside entry or exit constructed specifically for or used exclusively by the office portion of the home.
(f) The home occupation use may not exceed 400 square feet of the floor area of the residence.
(g) The conduct of any home occupation shall not cause the use of either on-street parking facilities or publicly or privately owned parking fields, nor shall it cause the use of more than two on-site parking spaces.
(h) To the extent that there is any sale or purchase of any product as a primary function of the home occupation, no shipping of materials or delivery of that product utilizing any commercial truck, van or other such vehicle shall occur on or from the premises or adjacent to the premises; nor shall there be utilized any commercial truck, van or other such vehicle for the purpose of pickup or delivery of materials or the product produced by the home occupation by the applicant and/or his clients or customers.
(i) There shall be only one home occupation use allowed per residence.
(25) Outdoor dining area. The following regulations shall be met:
(a) The outdoor dining area shall not be located within 150 feet of any residence district, unless the principal building is situated between the proposed use and the residence district.
(b) The outdoor dining area shall be set back from the curbline at least 10 feet in the CB District and 40 feet in other districts.
(c) If the outdoor dining area exceeds 1,000 square feet, parking shall be provided at the same rate as the principal use.
(d) The outdoor dining area may be covered. No fences or walls higher than four feet shall be permitted. [Amended 10-2-2012]
(e) From October 31 to April 1 all furniture shall be stored indoors.
(f) The outdoor dining area shall not be used between 11:00 p.m. and 7:00 a.m. The Board may permit the use to operate later into the night only if the Board finds that the use will not impact any residential uses.
(g) Outdoor entertainment or loudspeakers shall not be permitted.
