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Smithtown, NY Animal Ordinances: Veterinary Clinic Zoning (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Approval required
Board of Appeals special exception
Outdoor pen zone
WSI District only
Pen setbacks
100 ft property line, 200 ft residence district
Pen fence height
5 to 6 feet
Business-district requirement
Fully enclosed soundproof building
Home occupation status
Expressly excluded, § 322-3

Summary

Animal boarding, kennels, veterinarians, animal hospices, and animal hospitals need a special exception permit from the Board of Appeals in Smithtown, and outdoor pens are confined to the WSI zone with 100-foot and 200-foot setbacks. In business districts, treatment rooms and kennels must be fully enclosed in a soundproof building.

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 50 feet, unless the proposed 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.

Full Breakdown

Section 322-82C(1) of the Building Zone Ordinance lists animal boarding, kennel, veterinarian, animal hospice, and animal hospital uses among the special exception uses requiring Board of Appeals approval, and it layers additional standards on top of the general special-exception criteria in Section 322-94G. Outside pens or exercise runs are permitted only in the WSI (Waterfront Special Industrial) zone, and even there they must sit at least 100 feet from every property line and at least 200 feet from any residence district, enclosed on all sides by a wall or solid fence between five and six feet tall.

A veterinary use sited in the WSI District also faces an increased fifty-foot side-yard requirement unless the building instead meets the soundproofing standard that otherwise applies to the NB, CB, and SCB business districts. In those business districts, all treatment rooms, cages, pens, runs, and kennels must be located inside a completely enclosed, soundproof building, and the applicant must submit structural plans certified by an acoustical engineer confirming the design meets the sound-transmission-loss standard cross-referenced to Chapter 207, Noise. The ordinance also requires equipment to absorb odors and adequate service for refuse removal.

Because this is a special exception rather than a permitted use, the Board of Appeals reviews each application individually and can attach its own conditions; violating any condition the Board sets is itself treated as a chapter violation under Section 322-105. Separately, Section 322-3's definition of "home occupation" expressly excludes veterinarian offices, animal hospices, animal boarding facilities, kennels, and animal hospitals, so none of these uses may be run out of a home as an accessory use anywhere in the Town.

Violations & Fines

Operating an animal hospital, kennel, or boarding facility without the required Board of Appeals special exception permit, or violating a permit condition (soundproofing, setback, or fencing standards), is a zoning violation under Section 322-106: $500-$5,000 for a first offense, $2,000-$10,000 for a second within five years, and a misdemeanor with fines to $15,000 and up to six months' jail for a third, with each day a separate offense.

Frequently Asked Questions

Can a veterinary clinic operate out of a home in Smithtown?
No. Section 322-3's definition of home occupation expressly lists veterinarian offices, animal hospices, animal boarding facilities, and kennels among uses that are not permitted as a home occupation anywhere in the Town, regardless of the size of the operation.
Where can a Smithtown animal hospital have outdoor dog runs?
Only in the WSI zoning district, and only if the run sits at least 100 feet from every property line and at least 200 feet from any residence district, enclosed by a wall or solid fence five to six feet high, per Section 322-82C(1)(a).
Does a veterinary clinic need Board approval to open in Smithtown?
Yes. Animal hospitals, hospices, kennels, and boarding facilities are special exception uses under Section 322-82C(1), meaning the Board of Appeals must approve the specific site and can impose conditions such as soundproofing before a permit issues.

Sources & Official References

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