Smithtown, NY Parking Rules: Driveway Rules (2026)

Town Code § 322-12I(8) governs where vehicles can sit in a residential yard: parking or storage of motor vehicles, trailers, boats and similar articles is not permitted in the required front yard except on paved surfaces. The section then limits paving itself, so driveways cannot swallow the whole yard: for residential uses other than garden apartments and townhouses, no more than 25% of the required front, side or rear yard may be paved. Three carve-outs raise that ceiling for specific driveway configurations. The maximum paved surface in the front yard increases as necessary to accommodate a 12-foot-wide swath for a circular driveway.

In a side yard, the cap increases to fit a driveway up to 10 feet wide serving a detached garage, or rises all the way to 50% where the driveway serves a side-entry garage. Whatever the configuration, any paved surface must be set back at least one foot from the side and rear lot lines. This section sits within § 322-12, Placement of accessory buildings, structures and uses, which separately lists driveways among the accessory improvements (along with fences, walls, retaining walls, curbs, parking areas and drainage structures) that are allowed to sit within a required front or side yard notwithstanding the general setback rule in § 322-12B. The rule was last amended in 2000 and 2012.