[Added 10-21-1986]
A. The Town Board may, upon application and after a public hearing on notice, as provided in Article XII for a special exception use, authorize a special exception for a commercial public recreational use (such as indoor skating rinks, indoor rifle ranges, indoor roller-skating rinks, indoor handball courts, indoor squash courts, indoor tennis courts, game center, bowling alleys and similar uses not specifically noted) in such districts where the use is indicated in the Tables of Use Regulations, § 322-8B, if said Board shall find that the proposed use is desirable and compatible with other uses in the area and would not be a deterrent factor in respect to the purpose of this chapter as stated in § 322-2. [Amended 6-8-1993]
B. In considering such special exception, the Town Board shall determine that the following minimum conditions are provided: [Amended 6-8-1993]
(1) Except for outdoor golf driving ranges and outdoor miniature golf ranges, all such uses shall be within a permanent structure and shall not be permitted except as an accessory use to anindoor operation, and the area for such outdoor activity shall not exceed the area of the principal building, shall not be permitted within the required front yards and shall be screened with plant material.
(2) There shall be adequate provisions for off-street parking for both indoor and outdoor facilities, as required under § 322-62 of this chapter. The Board, in conjunction with its rev iew, may require a greater number of spaces than set forth in § 322-62.
(3) Except for height, the premises shall comply with the dimensional regulations as req uired by § 322-9B, Table of Dimensional Regulations. Any variance concerning height shall be subject to approval by the Board of Appeals in conformity with § 267-b, Sub division 3, of the Town Law.
(4) Except for bollard and bunker lighting, outdoor lighting fixtures shall have opaque shields on the tops and sides and shall be directed straight down and shall not exceed 18 feet in height.
C. If the proposed use is a skating rink, the following requirements shall apply:
(1) The use of toxic or explosive chemicals (such as ammonia) as a refrigerant shall be strictly regulated and safeguards directed by the Fire Inspector.
(2) There shall be adequate muffling of the noises resulting from the operation of refrigeration units.
(3) For a standard-size rink with minimum dimensions of 85 feet by 200 feet and facilities for regulation hockey, the proposed use shall be located on a site of not less than five acres of land.
D. If the proposed use is a rifle range, the following requirements shall apply:
(1) 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 of Smithtown Code.
(2) The proposed structure or portion of the structure intended to be used for the discharge of firearms shall be constructed of impermeable materials, the ceiling of which shall be located at least four feet below ground level, as approved by the Building Director for such use.[Amended 5-8-2007]
(3) The storage of ammunition or explosives shall be prohibited.
E. If the proposed use is a bowling alley, no structure shall be built within 100 feet of a residence district.
F. Outdoor golf driving ranges and outdoor miniature golf ranges shall also be subject to the following additional requirements: [Added 6-8-1993]
(1) The site shall be at least 500 feet from any residence.
(2) The minimum required lot area shall be 12 acres for driving ranges and 60,000 square feet for miniature golf.
(3) Except for fences, signs and driveways, all structures and areas of organized activity shall be set back at least 50 feet from any right-of-way.
(4) The minimum planting area of the site shall be 85% for driving ranges and 20% for miniature golf.
(5) On-site vegetation, landforms, open space and netting shall be provided to the extent necessary to prevent injury or damage on other premises and shall be indicated on a site plan submitted with the petition.
(6) Netting shall be set back from all lot lines at least three feet for every foot of height.
(7) No outdoor loudspeaker system shall be permitted.
[Added 10-21-1986]
A. The Town Board may, upon application and after a public hearing notice, as provided for in § 322-94 for special exception uses, authorize a special exception for concrete products manufacture 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 compatible with 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. Before approving such special exception, the Town Board shall determine that the following minimum conditions are provided:
(1) The site shall not be less than 10 acres in area; all other requirements of § 322-10C for the Heavy Industrial District shall apply.
(2) The manufacture of products shall be confined to within a structure only, and the batching plant or unit shall be a permanent installation on the site, unless the nature of the particular product warrants these requirements unfeasible, in which case the Board shall establish other appropriate standards.
(3) The outside storage of materials and finished products shall be part of a general plan submitted with this application.
C. The Town Board may impose such additional reasonable conditions on the concrete products manufacture use as it shall deem necessary or desirable before such special exception is granted.
[Added 10-21-1986; amended 4-26-2007]
A. The Town Board may, upon application and after a public hearing on notice as provided in § 322-94 for special exception uses, authorize a special exception for a hospital, nursing home, convalescent home, rest home, adult home, or assisted living facility use in such districts where that use is indicated in the Tables of Use Regulations, §§322-8B, 322-9B and 322-10B, if said Board shall find that the proposed use is desirable for adequate service to residents of the Town of Smithtown, that the proposed location is appropriate for such use and gives due consideration to the character of the surrounding neighborhood and that the proposal is in keeping with the purposes of this chapter as stated in § 322-2.
B. Before approving such a special exception, the Town Board shall determine that the following minimum conditions are provided:
(1) The site shall not be less than five acres in area, with no less than 300 feet of street frontage on a public street. In calculating the site area, no portion of the site with a width of less than 150 feet shall be included.
(2) All principal and accessory buildings shall be set back from all land being used for residence or land zoned for residence at least 100 feet. [Amended 4-14-1998]
(3) The total building area shall not exceed 25% of the total lot area.
(4) The maximum building height shall be as stipulated in the Tables of Dimensional Regulations, §§ 322-8C, 322-9C and 322-10C, or as modified in accordance with § 322-14C.
(5) Subsection B(2) above may be modified for a use in existence at the time of adoption of this chapter when it is satisfactorily proven to the Town Board that such reduction is justifiable.
(6) The requirements of Subsection B(1) and (3) may be modified by the Town Board where it is determined that: [Added 4-14-2009]
(a) There is a public benefit to the proposed modification; and
(b) The location of the proposed facility is within or adjacent to a Central Business District and within walking distance of stores and related uses as determined by the Town Board.
(7) For a congregate-care facility, the following additional criteria shall apply: [Added 3-26-1991]
(a) The gross floor area of all buildings on the entire site shall not exceed 25% of the site area.
(b) The gross building coverage of all buildings on the entire site shall not exceed 15% of the site area.
(c) At least 40% of the total site area shall be devoted to unpaved nonvehicular open space which shall be landscaped and well maintained with grass, trees, shrubbery or other suitable plant materials approved in site plan review and an automatic irrigation system; outdoor recreation facilities should be provided.
(d) A twenty-five-foot-wide densely planted buffer zone shall be provided along the side and rear lot lines.
(e) No parking shall be located in the required front yard(s).
(f) There shall be adequate off-street parking and loading space as required under § 322-59.
(g) The total number of housing units permitted shall not exceed the total number of beds for which the affiliated nursing home or hospital is licensed to operate.
(h) The maximum density shall not exceed 15 housing units per acre.
(i) The buildings shall be designed to resemble a residential use, e.g., townhouses or garden apartments, in order to be compatible with the established character of the community.
C. Each application for a hospital, nursing home, convalescent home or rest home special exception shall include a site plan drawn to scale as required in Article XIII.
D. The Town Board may impose such additional reasonable conditions on the proposed use as it shall deem necessary or desirable before such special exception is granted.
[Added 10-21-1986]
A. The Town Board may, upon application and after a public hearing on notice, as provided in § 322-94 for special exception uses, authorize a special exception for a hotel or motel in such districts where the use is indicated in the Tables of Use Regulations, §§ 322-9B and 322-10B, if said Board shall find that the proposed use is compatible with other uses in the area and would not be a deterrent factor with respect to the purposes of this chapter as stated in § 322-2.
B. In considering such special exception, the Town Board shall determine that the following minimum conditions are provided:
(1) There shall be a minimum of 1,800 square feet of site area for each guest room.
(2) There shall be adequate provisions for off-street parking and loading space as required under Article IX.
(3) Off-street parking areas shall be adequately lighted but shall not be located, installed or maintained so as to create a traffic hazard or nuisance for motorists or adjacent properties.
[Added 1-26-1988; amended 6-21-1988]
A. The Town Board may, upon application and after a public hearing on notice as provided in § 322-94 for special exception uses, authorize a special exception for a density bonus of up to five units per acre added to the Retirement Community (RC) Zoning District, if said Board shall find that the proposed use is desirable and compatible with the surrounding area and is in keeping with those purposes of this chapter as stated in §§ 322-2 and 322-49.
B. Before approving such a special exception, the Town Board shall determine that the following minimum site conditions are provided:
(1) The site shall comply with all provisions of this chapter as stated in Article VII, with the exception of § 322-50C.
(2) The site shall have reasonable access to mass transit and local shopping facilities.
(3) The site shall not be within 500 feet of a Light Industry or Heavy Industry District.
(4) The shape of the property shall be of an appropriate dimension to accommodate this use.
(5) The site shall have frontage on state, county or Town arterial roads as classified by the Long Island Regional Planning Board.
(6) Buildings on the proposed site shall not exceed two stories in height, measured from at least two corners of the building.
(7) The premises shall comply with § 322-19B except that one manager's apartment per 50 bonus apartments or fraction thereof may be permitted in addition to the density otherwise yielded in accordance with § 322-19B. [Amended 7-25-1989]
(8) The gross floor area shall not exceed 35% of the site area. [Amended 8-9-1988]
C. Before approving such a special exception, the Town Board shall determine that the following minimum conditions for the proposed use are provided:
(1) The proposed use must comply with all provisions of this chapter as stated in Article VII, with the exception of §322-50C.
(2) At least 50% of the bonus units shall:
(a) Be set aside to be used by senior citizens whose total income is classified as "low income" by the standards set forth by either the United States Bureau of Census or the United States Department of Housing and Urban Development.
(b) Rent for an amount which is less than 30% of the total median income of low-income senior citizens as classified by the United States Bureau of Census or the United States Department of Housing and Urban Development.
D. The applicant shall provide assurances in the form of a restrictive covenant or other forms of agreement which are approved by the Town Board, which demonstrate that these units will remain affordable to low-income senior citizens.
E. Each application for a density bonus for a retirement community shall include a graphic site analysis and a site plan drawn to scale as required in Article XIII. The site analysis shall include illustrated steep slopes, natural drainage patterns, depth to groundwater, soils, significant vegetation and wildlife resources, wetlands and historic and scenic resources.
F. The Town Board may impose such reasonable conditions on the proposed use as it shall deem necessary or desirable before such a special exception use is granted.
[Added 10-21-1986]
A. The Town Board may, upon application and after a public hearing on notice, as provided in § 322-94 for special exception uses, authorize a special exception for a public utility operation or maintenance facility not otherwise permitted in such districts where the use is indicated in the Tables of Use Regulations, §§ 322-8B, 322-913 and 322-10B, if said Board shall find that the proposed public utility facility is desirable for adequate service to residents of the Town of Smithtown, that the proposed location is appropriate for the efficient operation of such utility facility and gives due consideration to the character of the surrounding neighborhood 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) All principal and accessory buildings or equipment, exclusive of transmission lines, shall be set back from all property lines at least 100 feet.
(2) Permitted open storage or equipment areas shall be adequately fenced and screened.
C. Each application for a public utility special exception shall include a site plan drawn to scale as required in Article XIII.
D. The Town Board may impose such additional reasonable conditions on the proposed public utility use as it shall deem necessary or desirable before such special exception is granted. The Town Board may further modify, extend or diminish the application of the standards contained in Subsection B above in those instances wherein, based upon specific circumstances involved, the Board deems such action appropriate.
E. (Reserved)
[Added 5-15-2001]
A. The Town Board may, upon application and after a public hearing on notice, as provided in § 322-94 for special exception uses, authorize a special exception for a Tier Three personal wireless service facility, if said Board shall find that the proposed facility is desirable for adequate service to residents of the Town of Smithtown, that there is no other practical alternative to the installation of a Tier Three facility and that the proposed location is appropriate as described in Chapter 242 of the Town Code.
B. Before approving such special exception, the Town Board shall determine that the following minimum conditions are provided:
(1) All principal structures shall be set back at least 100 feet or conform to the setback requirements as specified in § 242-6 of Chapter 242, whichever is greater.
(2) If the facility is located in or adjacent to a residential district, the height of the facility shall not exceed the height of the surrounding structures as noted in § 242-5C(5)(a) of Chapter 242 or the maximum height of the district, whichever is less. The Board may waive this condition if the facility is not visible from any residence or residentially used property.
(3) Ground equipment shall be adequately fenced and screened.
C. Each application for a Tier Three personal wireless service facilities special exception shall include the information as required in § 242-7 of Chapter 242 of the Town Code and a site plan drawn to scale as required in Article XIII.
D. In determining the necessity of a Tier Three personal wireless service facility, the Town Board may require the services of an independent consultant. Costs associated with this review may be assigned to the applicant pursuant to Charter 242.
E. The Town Board may impose such additional reasonable conditions on the Tier Three personal wireless service facility use as it shall deem necessary or desirable before such special exception is granted. The Town Board may further modify, extend or diminish the application of the standards contained in 322-102.1 B(1) for those facilities or structures constructed before May 15, 2001. [Amended 9-10-2002]
