The Residence B District is hereby described as the following
part of the Incorporated Village of the Branch:
A.
BEGINNING at a point on the east side of Lawrence Avenue distant
400 feet from the south side of Main Street at the northwest corner
of property now or formerly belonging to Smithtown Central School
District No. 1; running thence along the north boundary line of said
school district property north 72° 28' 50" east, a distance of
630 feet; thence south 2° 09' 40" west, a distance of 200 feet;
thence south 87° 50' 20" east, a distance of 400 feet; thence
south 2° 09' 40" west, a distance of 1,141.68 feet; thence south
28° 57' 50" west, a distance of 55.44 feet; thence along the south
boundary line of property now or formerly belonging to George Bader
and Margaret Bader, his wife, north 86° 39' 30" west, a distance
of 226.08 feet to the south side of Birchbrook Drive; thence along
the south side of Birchbrook Drive, north 86° 39' 30" west, a
distance of 299 feet to a point at the northwest corner of property
now or formerly belonging to William Roth and Johanna Roth, his wife;
thence along the west boundary line of said property of Roth, south
2° 09' 40" west, a distance of 100 feet to a point; thence north
86° 39' 30" west, parallel with Birchbrook Drive, a distance of
467 feet to the east side of Lawrence Avenue; thence along the east
side of Lawrence Avenue, north 3° 20' 30" east, a distance of
1,258.82 feet, to the point or place of BEGINNING.
B.
BEGINNING at a concrete monument in the easterly line of Lawrence
Avenue, located 1658.82 feet southerly from the intersection of the
said easterly line of Lawrence Avenue with the southerly line of Main
Street (N.Y. Highway Route 25) as measured along the easterly line
of Lawrence Avenue; running thence from said point of beginning south
86° 39' 30" east 467.33 feet to a point; running thence south
2° 9' 40" west 209.75 feet to a point; thence south 65° 56'
20" west 20.66 feet to a point; running thence south 48° 3' 10"
west 92.53 feet to a point; running thence south 64° 49' 20" west
66.31 feet to a point; running thence south 47° 57' 50" west 125.27
feet to a point; running thence north 43° 46' 40" west 155.44
feet to a point; running thence north 86° 39' 30" west 130 feet
to a point on the easterly line of Lawrence Avenue; running thence
north 3° 20' 30" east 300 feet along the easterly line of Lawrence
Avenue to the point of BEGINNING.
In the Residence B District, no building or structure shall
hereafter be erected and no premises shall be used except for one
or more of the purposes for which property may be used in the Residence
A District.
A.
Experience has shown that the permitted maintenance of certain nonresidential
uses of property in residential areas of the Incorporated Village
of the Branch, especially the offices of certain professionals located
within their principal residences, has often promoted traffic hazards
and congestion in such areas, especially for young children; has often
disturbed the quiet repose of the community and detracted from its
principal character as a residential community; and has otherwise
been contrary to the best interests of the health, safety and welfare
of the community. In order to correct such conditions and to eventually
bring all uses of property within the comprehensive development plan
of the Village, it is declared to be the public policy of the Incorporated
Village of the Branch to ascertain and enumerate the existence of
such nonresidential uses, to restrict their further growth and development,
to provide for their eventual elimination in the Residence B District
within a reasonable period of time, and to encourage the transfer
of such uses to other zoning districts in the Village which are better
adapted to accommodate them.
B.
Any and all uses of buildings, structures or premises which were
permitted in a residential district prior to the enactment of this
chapter and which hereby are expressly or impliedly not permitted
in the Residence B District are hereby declared to be nonconforming
uses in said zoning district.
C.
Except as otherwise provided in this section, no such nonconforming
use shall hereafter be enlarged, extended, altered, modified or changed
except by the elimination or permanent discontinuance thereof; nor
shall the same be resumed after elimination or discontinuance thereof,
nor the right to continue the same be transferred or assigned to another
in whole or in part; nor shall one be substituted therefor in whole
or in part.
D.
All nonconforming uses regulated by this section, and all rights
thereto, vested or otherwise, shall be totally eliminated and discontinued
on or before the 31st day of December 1975 or upon the date when such
nonconforming use shall cease being contained in the present principal
residence of the person exercising such use, whichever shall first
occur.
E.
Notwithstanding anything in this section to the contrary, no use of a building, structure or premises hereby rendered nonconforming shall be continued on or after the first day of June 1971, nor shall any right thereto be recognized thereafter as valid, unless prior to said date the person claiming the right to continue such nonconforming use as provided herein shall apply for and obtain a use permit therefor from the Building Department, which permit shall only be issued upon satisfactory proof of the legal, nonconforming status of the use in question and upon payment of the fee prescribed by § 112-16 of Chapter 112, Building Code Administration and Enforcement.
In the Residence B District, no building or structure of any
kind shall hereafter be erected on a lot containing less than 7,500
square feet, nor shall more than one principal building be erected
on each 7,500 square feet of such lot.
In the Residence B District, not more than 25% of the area of
any lot shall contain buildings or structures of any kind hereafter
erected.
In the Residence B District, no building or structure of any
kind shall hereafter be erected on any lot containing less than 70
feet fronting on any public or private street, road or highway when
measured at the front setback line.
In the Residence B District, every part of a principal building
shall be set back at least 25 feet from every public or private street,
road or highway adjacent thereto; and every part of a detached accessory
building shall be set back at least 45 feet from such street, road
or highway and in no event shall be erected or constructed nearer
to such street, road or highway than the principal building contained
on such lot.
[Amended 1-5-1988 by L.L. No. 1-1988]
In the Residence B District, no principal building of any kind
shall hereafter be erected on any lot containing a side yard less
than 10 feet in width or containing less than a total of 25 feet in
width for both of the required side yards.
[Amended 1-5-1988 by L.L. No. 1-1988]
In the Residence B District, no principal building of any kind
shall hereinafter be erected on any lot containing a rear yard of
less than 40 feet in depth.
A.
Permanent accessory building. In the Residence B District, no permanent accessory building occupying in excess of 100 square feet of ground space shall hereinafter be erected on any lot within 10 feet of any rear lot line or side lot line. No accessory building of any kind or nature shall be erected so that the building extends in front of the rear building line as extended to the side yard lines of the lot on which it is placed. Nothing herein contained shall be construed to prevent construction, erection, installation, modification; alteration, demolition or change of a swimming pool in such a rear yard so long as all provisions of Chapter 242, Swimming Pools, of the Code of the Incorporated Village of the Branch are met with respect thereto. In the Residence B District, no permanent accessory building occupying less than 100 square feet of ground space shall hereinafter be erected within two feet of any rear lot line or side lot line. Building permits and certificates of occupancy shall be obtained by any person constructing a permanent accessory building.
B.
Temporary accessory building. In the Residence B District, no temporary
accessory building of any kind shall hereinafter be erected within
two feet of any rear lot line or side lot line. No building permit
or certificate of occupancy shall be necessary for any temporary accessory
building.
C.
Number and size of accessory buildings. In the Residence B District,
excluding swimming pools, no improved one-family residential building
lot shall contain more than one accessory building, either temporary
or permanent, and such accessory building shall not be more than 300
square feet in area.
[Amended 1-5-1988 by L.L. No. 1-1988; 6-17-1993 by L.L. No. 2-1993]
A.
In the Residence B District, no building or structure of any kind
shall hereafter be erected or altered so that any part thereof shall
be more than 35 feet above ground level, except for accessory buildings,
either temporary or permanent, which shall not be more than 14 feet
above ground level; provided, however, that spires, belfries, cupolas
and domes of churches, synagogues, temples or other places primarily
devoted to public religious worship or buildings or structures owned
by and used for the public purposes of the United States, the State
of New York or the Incorporated Village of the Branch shall be excluded
from the foregoing height limitations so long as no part thereof shall
be used for human habitation.
B.
In addition to the restrictions contained in Subsection A above, no building or structure of any kind shall hereafter be erected or altered so that the total amount of habitable space in any residential structure shall be in excess of double the habitable space of the ground floor of the residential structure.
A.
In the Residence B District, no building or structure of any kind
shall hereafter be erected, enlarged or altered on any lot unless
at least the following number of off-street parking spaces shall be
provided for use in connection with such building or structure, which
facilities shall be located on and/or underneath the premises on which
such building or structure shall be situated:
|
Type of Use
|
Required Minimum Number of Parking Spaces
|
|---|---|
|
Single-family dwelling
|
2 per dwelling unit
|
|
Church, synagogue, temple or other place of public religious
worship
|
1 for every 50 net square feet of floor area or the equivalent
thereof
|
|
Public or private school
|
1 for every person employed on the premises plus 1 for every
student whom the school authorities shall permit to park a motor vehicle
on such premises, or 1 for every 4 permanent seats contained in such
school and all accessory premises, whichever shall be the greater
|
B.
Each parking space shall have an area of not less than 200 square
feet, and there shall be provided in addition thereto adequate areas
for entering and leaving said parking facilities.
[Amended 2-12-1985 by L.L. No. 2-1985; 7-14-1987 by L.L. No. 3-1987; 5-11-2021 by L.L. No. 3-2021]
A.
Except as otherwise provided in this article or any other local law
or ordinance of the Incorporated Village of the Branch,[1] or except where authorized by special exception granted
by the Board of Zoning Appeals of the Village, no fence, wall or hedge
shall hereafter be erected, continued or maintained in the front yard
of any premises, and in no event shall any fence, wall or hedge, wherever
located, be more than six feet in height. On a corner plot, the front
yard will be divided into two front yard zones defined as the following:
(1)
Primary front yard: will be determined on the street where the mailbox
is located. Within the primary front yard, no fence, wall or other
structure and no hedge, shrub or other growth shall be erected, continued
or maintained. The only fencing in the primary front yard shall be
in line with the front of the house as the code reads.
(2)
Secondary front yard: the other intersecting street. The setback
for the fence in the secondary front yard shall be 20 feet from the
curb line. In no event shall any fence, wall or hedge, wherever located,
be more than six feet in height.
B.
Any fence erected in the Village of the Branch which has a finished
and unfinished side shall be constructed so that the unfinished side
faces the fence owner's property and the finished side faces all neighboring
properties.
A.
No map or plat relating to the subdivision of land in the Residence
B District for residential or other purposes shall hereafter be approved
by the Planning Board of the Incorporated Village of the Branch or
shall be actually filed in the office of the County Clerk of Suffolk
County, nor shall any building permit hereafter be issued for any
construction on property contained on such subdivision map or plat,[1] unless the owner of such property shall first either set
aside and donate to the Village 10% of the land to be so developed
by way of fee title or pay to the Village a sum, to be determined
by the Board of Trustees of the Village, equal to the market value,
at the time of the approval of such map or plat, of 10% of the land
to be so developed. The land so donated to the Village shall be solely
used and developed by the Village for park, playground, recreation
or conservation purposes; or if moneys are donated in lieu of land,
such funds shall constitute a trust fund for park, playground, recreation
or conservation purposes, including acquisition and/or development.
B.
The determination of whether to accept lands or trust fund moneys
shall be in the sole discretion of the Board of Trustees. In making
its determination, the Board shall consider such factors as:
(1)
The total existing acreage then owned by the Village and reserved
for park, playground, recreation or conservation purposes.
(2)
The size of the parcel under consideration for donation by the developer.
(3)
The location of such parcel in the Residence B District.
(4)
The number of single-family dwellings to be constructed in the proposed
subdivision and the projected density of population therein.
(5)
The topography of the land proposed to be donated and the general
suitability thereof for park, playground, recreation and/or conservation
purposes.
