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 December 13, 2016, and pursuant to a memorandum by the Town Planning director dated May 4, 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
§322-8. Use regulations.
§322-12. Placement of accessory buildings, structures and uses.
L. Drive-in windows.
Adequate queuing shall be provided so that cars do not queue in required aisles or driveways or onto public streets.
(1) This is a prohibited use in the LI district except as an accessory use to a bank.
(2) Queuing lanes shall be provided of sufficient length to prevent queued cars from interfering with traffic on any highway or in the parking area.
(3) All queue lanes shall be at least 50ft from any residence district.
(4) Drive-in windows, order boards, and menus shall be at least 75ft from any residence district and shall not be located on any building elevation facing a residence district.
(5) The drive-in/order board speaker system shall not be audible at the property lines.
§322-28. Counter-service restaurant. The following requirements shall be met.
A. This is a prohibited use in the LI district except when located in a building used primarily for office and/or non-nuisance industry and the use is less than 20% of the gross floor area.
B. 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 any residence district.
C. Densely planted buffer areas at least 25 feet in depth shall be provided adjacent to residence districts.
§322-82. Special exception uses.
conditions and safeguards standards for certain special exception uses. … conditions and safeguards standards required in this section.
and counter-service restaurant. The following requirements shall be met:
(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) (b) No outdoor loudspeaker shall be permitted except for drive-in windows. The loudspeaker shall not be audible from any residential lot.
(f) (c) No outdoor dining, drinking, smoking, or waiting area or outdoor play area shall be permitted.
Dated: May 9, 2017
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SMITHTOWN