[Amended 2-23-1965; 5-21-1968; 1-11-1972; 6-8-1976; 9-8-1981; 6-25-1985]
[Amended 10-21-1986; 11-18-1986; 1-3-1989; 7-9-1991; 2-2-1993; 5-15-2001; 10-10-2006; 5-8-2007]
A. General procedure.
(1) The Town Board may, upon its own motion, amend this chapter, including the Building Zone Map that forms a part hereof; may receive and approve petitions for an amendment to the Building Zone Map; and may receive and approve petitions for a special exception use, as described under § 322-8C herein, all in accordance with the requirements of this article.
(2) An amendment to this chapter must comply with § 264 and § 265 of the Town Law of the State of New York. A petition for a special exception use must comply with § 274-b of the Town Law of the State of New York.
B. Proposed amendments on the Town Board's own motion.
(1) Where the Town Board proposes an amendment to the Building Zone Ordinance, a complete description of the proposed text of the amendment shall be forwarded to the Town Clerk, who shall complete the requirements under § 322-94D herein.
(2) Where the Town Board proposes an amendment to the Building Zone Map, a complete description of the property and a map drawn to scale shall be forwarded to the Town Clerk, who shall complete the requirements under § 322-94D herein.
C. Petitions to amend Building Zone Map; petitions for special exception use.
(1) Any petition for an amendment to the Building Zone Map or for a special exception use shall be submitted in quintuplicate to the Town Clerk and shall be in accordance with and include the following:
(a) A completed petition form.
(b) Each petition for a proposed change to the Building Zone Map shall contain a map accurately drawn to scale, showing the area of the and included in the petition, including a metes and bounds description of the subject property. The map shall include the distances and courses of the existing and proposed zoning district lines; the property lines; the streets in the immediate vicinity; a topographical survey; and the distances and courses to the nearest street intersection. Each petition shall include a description of the land uses immediately adjacent to and extending within 200 feet of all boundaries of the subject property, together with the name(s) of the owner(s), the zoning and the tax map number(s) of all the property(ies) within 200 feet of the subject property.
(c) Each petition for a special exception use shall include a site plan accurately drawn to scale which illustrates the proposed development. The site plan shall include architectural elevations; the distances and courses of the existing zoning district lines; the property lines; the streets in the immediate vicinity; a topographical survey; and the distances and courses to the nearest street intersection. Each petition shall include a description of the land uses immediately adjacent to and extending within 200 feet of all boundaries of the subject property, together with the name(s) of the owner(s), the zoning and the tax map number(s) of all the property(ies) within 200 feet of the subject property.
(d) Each petition shall have at least one eight-inch-by-ten-inch photograph of the subject property
(e) A complete environmental assessment form pursuant to Chapter 151; Environmental and Coastal Quality Review.
(f) Affidavits shall be included with each petition as described below:
[1] An affidavit executed by all of the following, having an interest in the entire property: all owners of record; contract vendees; lessors; lessees; sublessors; sublessees; contract lessors; contract lessees; contract sublessors; contract sublessees; holders of beneficial interest; contract holders of beneficial interest; holders of encumbrances; and contract holders of encumbrances. The following are excluded from the requirements of this subsection: lending institutions licensed or franchised by the State of New York-, public corporations; and any of the following having an interest in less than the entire property: lessees, contract lessees, sublessees and contract sublessees.
[2] If the affiant is an individual, he shall set forth his name and street address.
[3] If the affiant is a partnership, it shall set forth the name, street address and the nature of interest of, and be executed by, each partner.
[4] If the affiant is a corporation, it shall set forth the name and street address of, and be executed by, each officer, director and stockholder. It shall also set forth the name and street address of all persons to whom corporate stock has been pledged or with whom any agreement has been made to pledge said stock.
[5] If the affiant is an LLC, it shall set forth the name and street address of, and be executed by, each member thereof.
[6] All affiants shall set forth the name and address of all individuals, partnerships, LLCs and/or corporations who are the holders of any instrument creating an encumbrance upon the subject property and shall also state the nature of such encumbrance.
[7] All affiants shall state that, to the best of their knowledge, no person mentioned in their affidavit is a Town officer or employee, or, if such is not the case, the affiant shall state the exceptions in full detail.
[8] In the event that there is any change in any matter set forth in any affidavit submitted hereunder prior to the time a certificate of occupancy is issued for the subject premises; the affiant affected by such change shall file a supplemental affidavit within 48 hours after such change has occurred, giving the full details thereof. Any other party affected by the change shall, within 48 hours after the occurrence of such change, file an affidavit in compliance with the requirements of this subsection and shall thereafter continue to be subject to all the requirements set forth in this subsection.
(g) Each petition and copies thereof shall have attached thereto a photocopy of all deeds or pending sales contracts.
(h) Each petition shall have a paper print of a recent aerial photograph at a scale of one inch equals 200 feet attached thereto, and on said photograph the subject property shall be so identified.
(2) Any petition for an amendment to the Building Zone Map or for a special exception use must comply with the requirements of § 322-94D herein.
D. Notice and hearings requirements.
(1) The Town Clerk shall refer all proposed amendments to this chapter and all petitions for a special exception use to the Suffolk County Planning Commission pursuant to § 239-l and § 239-m of the General Municipal Law of the State of New York.
(2) The Town Clerk shall forward all proposed amendments to this chapter and all petitions for a special exception use to the Planning Department for review and comment concerning consistency with the Comprehensive Plan and the purpose of this chapter as stated in § 322-2, and, for a special exception use, the general requirements as stated under § 322-82 herein and the specific requirements as stated in this article.
(3) All proposed amendments to this chapter and all petitions for a special exception use shall be forwarded to the Department of Environment and Waterways for review pursuant to the requirements of Chapter 151, Environmental and Coastal Quality Review.
(4) All petitions to amend the Building Zone Map shall be referred to the Planning Board for scheduling of a public hearing to review any such petition. The notice for the public hearing shall follow the same procedures as for the hearing before the Town Board, as stated in § 322-94E, except that the required sign(s) shall be white with blue lettering. Subsequent to said hearing, the Planning Board shall forward its recommendation to the Town Board.
(5) Before the Town Board approves any amendment to this chapter or a special exception use, the Town Board shall hold a public hearing pursuant to § 265 of Town Law of the State of New York and shall comply with the following:
(a) The Town Board shall fix the time and place of a public hearing on the proposed amendment or special exception use by publishing a notice thereof once per week for two successive weeks in one newspaper of general circulation in the Town. Such notice shall state the location and general nature of the petition for a special exception use or the proposed amendment and, in the case of a Building Zone Map amendment, it shall give the metes and bounds description and, where available, a street address.
(b) In the case of amendment to the Building Zone Map on the Town Board's own motion, the Town shall erect a white-with-black lettering sign or signs, measuring not less than 30 inches high and 40 inches wide, which shall be prominently displayed on the premises facing each public street located on the boundaries of the area comprising the proposed Building Zone Map amendment. Such notice shall state that the Town Board is considering a change of zoning classification, and shall provide the date, time and place where the public hearing is to be held. The sign(s) shall not be set back more than 10 feet from the property line and shall not be less than two feet nor more than six feet above the grade at the property line. In the event the subject parcels run contiguously and without interruption from street corner to street corner, it shall be sufficient to post one sign on each corner parcel and indicate that all parcels between such signs shall be considered at the hearing. The sign(s) shall be displayed for a period of not less than five days immediately preceding the public hearing date or any adjourned date.
(c) In the case of petition to amend the Building Zone Map or a petition for a special exception use, the petitioner shall erect a white-with-black lettering sign or signs, measuring not less than 30 inches high and 40 inches wide, which shall be prominently displayed on the premises facing each public street which is located on the boundaries of the area comprising the proposed Building Zone Map amendment or special exception use. Such notice shall state that a petition for a change of zoning classification or special exception is pending and shall provide the date, time and place where the public hearing is to be held. The sign(s) shall not be set back more than 10 feet from the property line and shall not be less than two feet nor more than six feet above the grade at the property line. In the event the subject parcels run contiguously and without interruption from street corner to street corner, it shall be sufficient to post one sign on each corner parcel and indicate that all parcels between such signs shall be considered at the hearing. The sign(s) shall be displayed for a period of not less than five days immediately preceding the public hearing date or any adjourned date. The filing of an affidavit, by the petitioner, that this requirement has been complied with shall be deemed sufficient proof of compliance herewith.
(d) In the case of an amendment to the Building Zone Map or a petition for a special exception use, notice of any public hearing called pursuant to this section shall be given by mailing notice thereof, by certified mail, return receipt requested, to the owners of all property within 200 feet of the exterior limits of the subject property, as shown on the latest assessment roll. Where the request is a petition, the petitioner shall be required to make such notification. Where an amendment is proposed by the Town Board, the Town shall notify the property owners within 200 feet of the exterior limits of the subject properties, as shown on the latest assessment rolls. Proof of service shall be submitted to or by the Board at the time of hearing. Such notice shall be given not less than 14 days prior to the date of hearing.
(e) In the case of an amendment to the Building Zone Map or a petition for a special exception use, notice of any public hearing called pursuant to this subsection shall be given by the Town Clerk, by certified mail, return receipt requested, in accordance with § 264 of the Town Law of the State of New York. Such notice shall be given not less than 14 days prior to the date of hearing.
E. Adoption, conditions, and reclassifications.
(1) The Town Board may approve a petition for an amendment to the Building Zone Map or a special exception use and:
(a) May attach such conditions and restrictions to the use of a parcel that is being reclassified from one zoning district to another or the proposed special exception use as it deems necessary to protect the public interest, within the purview of the purpose and objectives of the Building Zone Ordinance.
(b) May require a covenant or declaration stating the conditions and/or restrictions placed on the use of the land to be recorded with the County Clerk and be attached to the deed by the petitioner. Unless specifically modified by the Town Board, all covenants must be filed before any site plan or building permit may be approved.
(2) Upon adoption of a Building Zone Map amendment, the petitioner shall cause monuments to be placed at points along the perimeter of the subject property and shall also file with the Town Clerk, the Planning Department, and the Building Official copies of an accurate survey description and drawing of the area affected by the amendment.
(3) Reclassification limitations.
(a) The Town Board may schedule a public hearing in accordance with the provisions of this chapter to consider returning a classification parcel to its original classification if the property owner has not commenced development of the site within two years of the date of reclassification.
(b) For the purposes of this section, commencement of development shall include:
[1] Making a valid submission to the Board of Site Plan Review.
[2] Obtaining a valid building permit from the Building Department.
F. Withdrawals; automatic denials; resubmissions; new petitions; fees.
(1) If any Town department involved with the petition review process requests information from the petitioner and the petitioner does not submit the information within 45 days of the date of request, the petition may be deemed withdrawn, unless the Town Board gives the petitioner an additional specified amount of time to submit the information.
(2) Where the Town Board declines to grant a requested amendment or special exception, the same or similar petition may be resubmitted, but no sooner than two years after the date of the Town Board's decision to deny the petition, except that, where the Town Board denies the petition without prejudice, a petitioner may submit the same or similar petition within or after two years of the date of the Town Board's decision to deny the petition without prejudice.
(3) An approval of a special exception use is limited to the use described in the petition, including the associated site plan. Any alteration or change to the special exception use shall be a violation of this chapter and requires a new petition pursuant to this article.
(4) Fees. The following schedule of fees shall apply and, unless otherwise indicated, fees are based upon the acreage of the subject property. Each petition shall be accompanied by the calculated fee and paid to the Town Clerk simultaneously with the filing of said petition:
G. Special exception standards. All special exception uses, whether before the Town Board, Planning Board, or Board of Zoning Appeals, shall comply with the following general standards, and certain special exception uses shall also comply with the specific standards described in this chapter.
(1) The use shall be in harmony with and promote the general purposes and intent of this chapter, as stated in § 322-2.
(2) The plot area shall be sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof, but in no case less than the minimum area and frontage requirements or more than the maximum floor area or building coverage requirements specified in this chapter.
(3) The use will not prevent the orderly and reasonable use of adjacent properties in adjacent use districts.
(4) The site shall be particularly suitable for the location of such use in the district with regard to fire protection, water supply, sewerage disposal, access, topography, soils, drainage and nearby land uses.
(5) The use shall not be unsuitably near a church, school, theater, recreational area or other place of public assembly.
(6) The use shall conform to the definition in § 322-3 where such a definition exits or with the generally accepted definition of such use where it does not exist in this chapter.
(7) Access facilities shall be adequate for the estimated traffic from public streets and sidewalks so as to assure the public safety and to avoid traffic congestion, and, further, that vehicular entrances and exits shall be clearly visible from the street and not within 75 feet of the intersection of street lines at a street intersection, except under unusual circumstances.
(8) On-site parking truck loading space shall be adequate to accommodate the parking generated on site, but in no case less than the number required by the provisions of Article IX; and further, the layout of the spaces and driveways shall be convenient and conducive to safe operation.
(9) Adequate buffer yards and screening shall be provided, where necessary, to protect adjacent properties and land uses.
(10) Adequate provisions will be made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other character.
(11) If the site is in the local waterfront area, the proposed use, action or development shall be consistent with the Local Waterfront Revitalization Program.
(12) The proposed use and development shall not have a significant adverse effect on the environment.
(13) The proposed development shall be consistent with the Comprehensive Plan of the Town of Smithtown.
[Added 10-21-1986]
A. The Town Board may, upon application and after a public hearing on notice, as provided for in § 322-95 for special exception uses, authorize a special exception for an airport, including a heliport, in such districts where the use is indicated in the Tables of Use Regulations, §§ 322-8B, 322-9B and 322-10B, if said Board shall find that the proposed airport is desirable for service to residents or commercial establishments of the Town of Smithtown, that the proposed location is appropriate for an airport and gives due consideration to the character of the surrounding neighborhood and the uses in the flight paths and that the proposal is in keeping with the purposes of this chapter as stated in § 322-2.
B. Before approving such special exception, the Town Board shall determine that the following minimum conditions are provided:
(1) The airport shall be designated as a small airport in accordance with Federal Aviation Agency standards for general aviation use and not military or commercial aviation, or it shall be designed as a heliport.
(2) Appropriate airport zoning is available to protect the airport approaches and the surrounding community.
(3) The proposed airport or heliport meets Federal Aviation Agency standards.
C. Each application for an airport special exception use shall include a site plan drawn to scale, as required in Article XIII, and a proposed airport zoning plan.
D. The Town Board may impose such additional reasonable conditions on the proposed airport as it may deem necessary or desirable before such special exception is granted.
[Added 6-27-1989]
A. The Town Board may, upon application and after a public hearing notice as provided for in Article XII for special permit uses, authorize a special permit for the operation of a junkyard not otherwise permitted in such district where the use is indicated in the Table of Use Regulations, § 322-10B, if said Board shall find that the proposed use is desirable and compatible with the other uses in the area and would not be a deterrent factor in respect to the purposes of this chapter as stated in § 322-2.
B. In consideration of such special permit, the Town Board shall determine that the following minimum conditions and standards are provided:
(1) The site shall not be less than two nor larger than five acres in area, not including other area required uses; all other requirements of § 322-10C for the Heavy Industrial District shall apply, except as otherwise provided herein.
(2) There shall exist at least 200 feet of frontage on a public highway.
(3) No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.
(4) No existing junkyard or any site previously approved for such use and not as yet terminated as provided for in this chapter shall be located within 1,200 feet of the proposed site.
(5) Enclosure.
(a) All junkyard operations, including dismantling, storage or sale, shall take place in an enclosed building which shall contain a double reinforced concrete slab of a sufficient bearing capacity, impervious to penetration by any liquid and approved by the Town Engineer. The licensee and/or the owner shall provide and covenant for the protection of the groundwater.
(b) A six-foot high solid, nontransparent fence surrounding all sides of the premises and approved by the Planning Director shall be required if the Town Board waives the building requirements of Subsection B(5)(a) above. The licensee and/or the owner shall provide and covenant for the protection of the groundwater.
(6) All pumps, lubricating and other devices shall be located within the enclosed building described in Subsection B(5)(a) above, except that the location of gasoline pumps, which shall only be used to pump gasoline or diesel fuel into vehicles necessary for the operation of a junkyard, shall be located at least 35 feet from any street or lot line or highway right-of-way. Storage tanks for any substance or fluid shall be totally underground at locations other than any building and shall not be less than two feet distance from each other.
(7) All fuel, oil, fluids or similar substances not otherwise provided for shall be stored within the enclosed building described in Subsection B(5)(a) above. In addition, all fuel, oil, fluids or similar substances shall be stored separately in storage tanks approved for the substances they contain and shall not be located less than two feet distance from each other.
(8) Required front, side and rear yards adjacent to residence districts shall be used only as a one-hundred-foot densely vegetated buffer zone.
(9) The shredding or compacting of vehicles or machinery or any metal is strictly prohibited.
(10) A minimum of four permanent test wells shall be constructed and installed in accordance with the requirements of the Town Engineer and the Supervisor of Environment and Waterways.
(11) The building shall not exceed 35 feet in height.
(12) There shall be adequate provision for off-street parking and loading space according to good practice for the proposed use and according to the requirements of Article IX of the Zoning Ordinance.
C. The Town Board may impose such additional reasonable conditions on the operation of a junkyard as it shall deem necessary or desirable before such special permit is granted.
