NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Smithtown, Suffolk County, State of New York met at the Town of Smithtown Town Hall, Patrick R. Vecchio Building, Victor T. Liss Board Room, 99 West Main Street, Smithtown, New York on the 4th day of April, 2017 at 2:00 PM, time then in effect, and duly adopted amendments to Chapter 322 of the Code of the Town of Smithtown entitled Zoning for which a public hearing was held on October 6, 2015, and pursuant to a memorandum by the Town Planning Director dated March 30, 2017 as follows:
Proposed Amendments to Zoning Ordinance (Chapter 322 of the Town Code)
Re: special exception uses and variances
Additions indicated by underlines
Deletions indicated by
§322-3. Word usage; definitions.
B. Definition of terms. As used in this chapter, the following terms shall have the meanings indicated:
CONGREGATE-CARE FACILITIES - Any residential development providing efficiency or one- or two-bedroom dwelling units with common dining, recreation and medical or nursing home facilities for persons in excess of 65 years of age. In the case of a married couple, only one of the spouses must be in excess of 65 years of age. A “congregate-care facility” must include the following:
(1) An association with a fully licensed staffed hospital or nursing home facility on or adjacent to the site of the “congregate-care facility,” which provides skilled care to residents requiring such services on a priority basis.
(2) Kitchen and dining room facilities offering no less than one common meal to all residents each day.
(3) A call-button monitoring system for emergency calls directly to supervisory staff on premises.
(4) A medical history on file for each permanent resident.
(5) On-premises physical therapy.
(6) On-premises in-house sale and distribution of personal services and food items for residents of the facility.
(7) Library, educational, social and occupational facilities.
(8) Available transportation for residents from the facility to shopping, medical, recreational and other major desired points of destination.
(9) A minimum unit size of 450 square feet of habitable floor area.
HOME PROFESSIONAL OFFICE -
(1) The office or studio of a resident physician, surgeon, chiropractor, dentist, lawyer, architect, artist, engineer or teacher as herein restricted, provided that not more than one person is employed who is not a member of the resident family, that such office shall be in the main building and shall not occupy more than 700 square feet of the area of the main structure and, further, that the remaining floor area shall be at least equal to the minimum required habitable floor area. For the purpose of this chapter, a teacher shall be restricted to a person giving individual instruction in academic, musical or artistic subjects to a single pupil at a time. A “home professional office” shall not include the office of any person professionally engaged in the purpose or sale of economic goods. Tearooms, tourist homes, beauty parlors, barbershops, hairdressing and manicuring establishments, convalescent homes, funeral homes, real estate and insurance offices and veterinarian’s offices or animal hospitals shall not be deemed to be “home professional offices.” The “home professional office” of a physician shall not include a biological or other medical testing laboratory. Said use shall recognize and provide for further specific conditions and safeguards that may be required by the Site Plan Review Board.
(2) Any “home professional office” which had been in existence in compliance with this definition and Chapter 322, the Building Zone Ordinance of the Town of Smithtown, prior to October 9, 1984, shall be subject to the provisions of Article XI of the Building Zone Ordinance.
LOWEST FLOOR - The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s “lowest floor,” provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
VARIANCE - Authorization by the Board of Zoning Appeals, or the Planning Board where authorized pursuant to
§ 322-19B §322-30.4 of this chapter or § 248-31A and B of the Town Code, to utilize land for a use or in a manner otherwise prohibited by this chapter.
§322-19. Environmentally sensitive lands.
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:
(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 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.
BOARD OF APPEALS
§322-82. Special exception uses.
C. Special standards for certain special exception uses.
(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.
(17) Theater; multiplex theater; outdoor theater. The following requirements shall be met:
(d) Multiplex theater.
 The proposed use shall be on a site of not less than five acres with no less than 200 feet of street frontage.
 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.
 The proposed site shall be at least 500 feet from the local waterfront area and the tributaries of the Nissequogue River.
 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.
 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.
 A minimum landscaped area of 18% of the site area shall be provided, not including any required buffer zone.
 A one-hundred-foot buffer zone shall be constructed with dense evergreen shrubs and trees adjacent to residential districts.
 No structure shall be built within 200 feet of any residence district.
 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.
 There shall be adequate provision for off-street parking as required under §322-62.
SPECIAL EXCEPTIONS; AMENDMENTS; CHANGES OF ZONE
§322-94. Petition procedure; notice and hearing requirements; adoption and withdrawal; fees; standards for special exception uses.
G. (8) On-site parking and truck loading space shall be adequate to accommodate the parking generated on site, but in no case less than the number required shall be convenient and conducive to safe operation.
DELETE IN ITS ENTIRETY § 322-104 MINI STORAGE WAREHOUSES AND REPLACE WITH THE FOLLOWING:
§322-8.B. Table of Use Regulations.
Dated: April 4, 2017
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SMITHTOWN