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Smithtown, NY Building Setbacks & Zoning: Lot Coverage Limits (2026)

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

Key Facts

Coverage cap for over-height structures
10% of lot area
Applies to
Spires, towers, flagpoles, tanks over height limit
Also barred for those structures
Residential/tenancy use, signage
General district coverage limits
Set in separate Attachment tables
First-offense fine
$500 to $5,000 (§322-106)

Summary

Smithtown's zoning code does not print a general lot-coverage percentage in the base text (that lives in the Table of Dimensional Regulations attachment), but § 322-14.B sets a specific 10% lot-coverage cap on any structure built above its zone's height limit, such as a tower, spire, or flagpole exempted under Subsection A.

No structure erected pursuant to Subsection A above to a height in excess of the height limit for the zone in which it is situated shall: (1) Have a lot coverage in excess of 10% of the lot area.

Full Breakdown

A exempts certain features, church spires, cupolas, domes, belfries, clock towers, transmission line towers, flagpoles, chimney flues, public water supply tanks, and firesafety structures required by the New York State Fire Safety Code, from the zone's ordinary height limit. " The same over-height structure also cannot be used for residence or tenancy purposes, and cannot carry any sign, nameplate, or advertising device. Subsection C carves out a further exception for public or semipublic buildings, which may be allowed up to 50 feet in height notwithstanding §§ 322-8C, 322-9C, and 322-10C, provided the front, side and rear yards grow by one additional foot for every foot the building exceeds the district's stipulated height.

This 10% figure is the only lot-coverage percentage that appears in the zoning text itself; the general building-coverage maximum for an ordinary house or commercial building in each residence, business or industrial district is set district-by-district in the Table of Dimensional Regulations, which eCode360 publishes as a separate attachment to Chapter 322 rather than as running text.

Violations & Fines

Exceeding the 10% coverage cap on an over-height structure is a Chapter 322 zoning violation enforced under § 322-106.A: $500 to $5,000 for a first conviction, $2,000 to $10,000 for a second within five years, and $4,000 to $15,000 or up to six months in jail for a third offense within five years of the first two.

Frequently Asked Questions

Does Smithtown cap how much of my lot a house can cover?
The base zoning text does not state a general percentage; district-by-district building coverage maximums are published in the Table of Dimensional Regulations, an attachment to Chapter 322 rather than running code text, so check the attachment for your zone.
What is the 10% lot coverage rule in § 322-14?
It applies narrowly: if a structure exempt from the zone's height limit, like a church spire, flagpole, or water tank, exceeds that limit, § 322-14.B caps the lot coverage of that structure at 10% of the lot area.
Can an over-height structure also be used as living space?
No. Section 322-14.B(2) bars any structure erected above the district's height limit under the Subsection A exemption from being used for residence or tenancy purposes, regardless of its lot coverage.

Sources & Official References

Other rules in Smithtown

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