Smithtown, NY Building Setbacks & Zoning: Setback Rules (2026)
Key Facts
- Side-entry garage side yard
- Increased to 35 feet
- Deck under 6 in
- 3-ft setback from lot lines
- Porch projection allowed
- Up to 6 ft into front yard
- General district setbacks
- In separate Attachment tables
- First-offense fine
- $500 to $5,000
Summary
Smithtown's zoning code does not spell out district-by-district yard minimums in the base text (those sit in the Table of Dimensional Regulations attachment), but § 322-15.D sets a specific rule: a side-entry attached garage must push its side yard on the garage side out to 35 feet.
For garage entrances facing into a side yard area, when attached or part of the main building in any residential zone, the minimum side yard on that side of the building shall be increased to 35 feet, the other minimum side yard shall be observed and the total for both side yards shall be increased pursuant to the above.
Full Breakdown
" That is a substantial jump from the ordinary side-yard minimums set for each residence district, which appear only in the Table of Dimensional Regulations attachment and are not reproduced in this code text. A also lists what may project into any required yard without violating it: cornices, eaves and gutters up to 18 inches, entry steps, bay windows and chimneys up to six feet wide projecting no more than 24 inches, handicap ramps, and open first-floor porches projecting up to six feet into the required front yard as long as the dwelling still meets its front-yard minimum.
Subsection B layers on deck-specific setbacks: a deck under six inches high needs only a three-foot setback from all property lines, while a deck over 36 inches must meet the same setback as a principal building. Subsection C requires a through lot to observe the required front yard on both street frontages.
Violations & Fines
Failing to observe the increased 35-foot side yard for a side-entry garage is a Chapter 322 zoning violation 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, plus recovery of the Town's investigation costs.
Frequently Asked Questions
How far back does my garage need to be if the door faces the side yard?
Where do I find the standard front, side and rear yard minimums for my zone?
Can I build a deck inside my required rear yard?
Sources & Official References
Other rules in Smithtown
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Setback Rules in Nearby Cities
How other cities in Suffolk County handle setback rules.