A.
Application of this article. This article shall apply only to land
situate within bounds of the Fire Island National Seashore where the
same lies within the Town of Brookhaven, but excluding any lands which
lie within the boundaries of incorporated villages.
B.
Legislative intent.
(1)
In order to promote the health, safety and welfare of residents and
visitors of the Town of Brookhaven on the barrier beach known as "Fire
Island," the Town Board of the Town of Brookhaven has enacted this
article. The provisions of this article shall protect said barrier
beach from development which is inconsistent with prudent resource
management and its ecological capabilities.
(2)
The Town Board is cognizant of the unique characteristics of Fire
Island communities and, as such, adopts this article to encourage
the most appropriate use of land throughout said communities.
(3)
The Town Board recognizes the need for the conservation and preservation
of natural resources on Fire Island while at the same time ensuring
the widest possible use.
C.
ABANDONMENT
ACCESSORY BUILDING, STRUCTURE OR USE
ALTERATION
BATHHOUSE
BOARDINGHOUSE
BUILDING
BUILDING AREA
BUILDING HEIGHT
DANCE HALL OR DISCOTHEQUE
DEVELOPED PROPERTY
DEVELOPMENT
DWELLING, MULTIPLE
DWELLING, SINGLE- OR ONE-FAMILY
DWELLING, TWO-FAMILY
FAMILY
FLOOR AREA, GROUND
GUESTHOUSE
HOTEL
IMPROVED PROPERTY
LOT
LOT AREA
NONCONFORMING USE
PREMISES
RESTAURANT
SIGN
STORY
STRUCTURE
UNDEVELOPED PROPERTY
UNIMPROVED PROPERTY
USE
WALK
YARD, FRONT
YARD, REAR
YARD, SIDE
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Nonpayment of taxes for one year and intent to abandon as
manifested by noncontinuous use of any use within a building for a
three-year period as measured by three summer seasons from Memorial
Day to Labor Day.
A building, structure or use customarily incidental and subordinate
to the principal building or use and located on the same lot with
such principal building or use.
A change or rearrangement in the structural parts of a building
or other structure, including interior partitions, exterior porches,
exits and decks, interior load-bearing walls, capacities of utility
pipes, ducts or conduits.
A building or portion thereof containing dressing rooms and/or
lockers for bathers.
A building, other than a hotel or restaurant, where lodging
and meals for five or more persons are served for compensation, including
tourist houses, rooming houses and lodging houses.
An enclosed structure having a roof supported by columns,
walls or cantilevers, and if separated by a party wall without openings,
it shall be deemed a separate building.
The total areas taken on a horizontal plane at the main grade
level of the principal building and all accessory buildings on a lot,
excluding uncovered steps.
The vertical distance between the average existing ground
elevation up to the highest point of the roof. In no case shall the
building height be measured from a point less than the minimum elevation
necessary to meet the prerequisite for federal flood insurance, designated
within the Flood Risk Zone by the National Flood Insurance Programs,
Federal Emergency Management Agency, indicated on the Flood Insurance
Rate Map for the Great South Beach, Brookhaven Town, Community No.
365-334B.
A public place in which people assemble, where the main purpose
of assembly is dancing to musical accompaniment, live or recorded.
Such establishment may or may not serve alcoholic beverages.
Any property which has been altered from its natural state
by the construction or erection of materials located in, upon or attached
to something located in or upon the ground. Such alterations may include
buildings, decks, aboveground swimming pools, storage sheds, patios,
docks, tennis courts, septic systems or leaching fields, walkways,
groins, fences and signs (except dune protection fences and signs),
roads, retaining walls, grading, artificial fill or other structures
or materials, excluding live vegetation.
Any activity, action or alteration which changes undeveloped
property into developed property.
A building designed for or occupied by three or more families
living independently of each other with separate cooking facilities,
including cooperative apartments, garden apartments and condominium
apartments.
A detached building arranged, designed for or occupied exclusively
as a home or residence by one family doing its own cooking.
A detached building designed for or occupied exclusively
as a home or residence for not more than two families living independently
of each other with separate cooking facilities.
One or more persons related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, or a number
of persons living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage.
The area within the exterior walls of a building at the first
floor.
An accessory structure, on the same lot as the principal
building, for the temporary accommodation of guests of residents living
in the principal building, without any cooking facilities.
A building designed to provide individual sleeping accommodations
for short-term transient occupants, with or without direct outside
access, with or without restaurant facilities and with or without
a common entrance, common heating system or general dining room.
A type of developed property which is defined by the Fire
Island National Seashore Act, Public Law No. 88-587, Section 2(F),
1964, to mean any building, the construction of which was begun prior
to July 1, 1963, and such amount of land, not in excess of two acres
in the case of a residence or 10 acres in the case of a commercial
or industrial use, on which said building is situated as the Secretary
of the Interior considers reasonably necessary to the use of the building.
The Secretary of the Interior may exclude from such improved property
any beach or waters, as well as land adjoining such beach or waters,
which he deems necessary for public access thereto.
A parcel of land, exclusive of public walk areas, used or
designed to be used by one use or building or by a related group of
uses or buildings and the accessory uses of buildings customarily
incident thereto, including such open spaces as are required by this
chapter.
The total area measured inside of all the lot lines, excluding
underwater areas below mean high water.
Any building, structure or land lawfully occupied by a use
that does not conform to the regulations of the use district in which
it is situated.
A tract of land with buildings thereon.
A building or part of a building or plot on or in which food
and/or beverages are prepared and served to patrons, either inside
and/or outside, whether counter service or carry-out, fast-food or
table service.
Any device intended for use for the purpose of advertisement,
identification, publicity or notice when visible from the exterior
of a structure in or on which the sign is located. The term "sign"
shall include any billboard illustration, insignia, lettering, picture,
display banner, pennant or flag, however made, displayed, painted,
supported or attached, and shall exclude house numbers in the residence
district not larger than 1/2 square foot.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between such floor and ceiling,
which shall not exceed 28 feet in height. In structures of more than
one story, the definitional footage measurement to be used to determine
height is 10 feet.
Anything constructed or erected which requires location in
or upon the ground or attached to something having location in or
upon the ground, including all types of signs. The word "structure"
shall be construed as though followed by the words "or part thereof."
Any property which has not been altered from its natural
state, with the exception of such dune protection measures as snow
fencing, beach nourishment or dune grass planting.
Either undeveloped property or property which is developed
or built after July 1, 1963.
The purpose for which land or a building or structure is
designed, arranged or intended or for which it is or may be occupied
or maintained. The term "permitted use" shall not be deemed to include
any nonconforming use.
A public or private right-of-way, as shown on the Zoning
Map, which affords the principal means of access to abutting properties.
Neither tidal nor nontidal waters nor the shores, strands or beaches
along the same shall be deemed walks for the purpose of this chapter.
The open space between the walk or right-of-way and the nearest
part of any building.
Open space on the same lot with the main building between
the rear line of said building and the rear line of the lot.
Open space on the same lot with the main building situated
between the building and the side line of the lot and extending through
from the walk or from the front yard to the rear yard of the lot.
Any lot line not a walk line or a rear line shall be deemed a "side
line."
A.
Conformity with article provisions. All buildings or land shall be
used and all buildings shall be erected or structurally altered in
compliance with the provisions of this article, except as follows:
(1)
An existing nonconforming building used as a one- or two-family dwelling
with a certificate of occupancy, a certificate of existing use or
its equivalent, located in the Residential District, whether situated
on a conforming lot or a nonconforming lot, if severely damaged, destroyed
or rendered a hazard due to fire, natural disaster, abandonment or
neglect, may be structurally altered, restored, repaired or reconstructed,
in whole or in part, provided that said building does not encroach
deeper into any nonconforming height, lot occupancy, front yard, side
yard or rear yard than the distance into said height, lot occupancy,
front yard, side yard or rear yard than the existing building encroaches
and the degree of nonconformity shall not be increased.
(2)
A nonconforming accessory building(s) or structure(s), when accessory
to a one- or two-family dwelling with a certificate of occupancy,
a certificate of existing use or its equivalent, situated in the Residential
District, whether located on a conforming lot or a nonconforming lot,
if severely damaged, destroyed or rendered a hazard due to fire, natural
disaster, abandonment or neglect, may be structurally altered, restored,
repaired or reconstructed, in whole or in part, provided that said
accessory buildings or structures do not encroach deeper into any
nonconforming height, lot occupancy, front yard, side yard or rear
yard than the distance into said height, lot occupancy, front yard,
side yard or rear yard than the existing building(s) or structure(s)
encroaches and the degree of nonconformity shall not be increased.
B.
Legal nonconforming use defined. The term "legal nonconforming use,"
as used in this article, shall mean any nonconforming use which, at
such time such use was commenced, was maintainable as a matter of
right under the code and general rules of law in effect in the Town
of Brookhaven.
C.
Continuation or change of nonconforming use.
(1)
Any legal nonconforming use may be continued; provided, however,
that a legal nonconforming use shall not be changed unless changed
to a conforming use. A legal nonconforming use, if changed to a conforming
use, may not thereafter be changed or returned to any nonconforming
use.
(2)
A legal nonconforming use, if discontinued by virtue of fire, explosion,
acts of God or other causes to the extent of not more than 75% of
the total use, shall not be deemed to have lost its legal nonconforming
use status. Reconstruction and restoration of said use, where discontinued
to more than 75% of the total use, shall be determined by the following
guidelines:
(a)
Those legal nonconforming uses established prior to October
17, 1984, shall be reconstructed in accordance with the building dimensions
as stated in this article. Such legal nonconforming uses shall constitute
developed improved property.
(b)
Those legal nonconforming uses established subsequent to October
17, 1984, with the permission of the Town of Brookhaven, as evidenced
by the acquisition of a valid variance from the Zoning Board of Appeals,
shall be reconstructed in accordance with the dimensions as stated
in this article.
(c)
Those nonconforming uses established subsequent to October 17,
1984, without the permission of the Town of Brookhaven, as evidenced
by the lack of acquisition of a valid variance from the Zoning Board
of Appeals, shall be reconstructed in accordance with the dimensions
as stated in this article.
(d)
A legal nonconforming use, if discontinued by virtue of abandonment,
shall be deemed to have lost its legal nonconforming use status and
will be required to have any and all new structures or uses conform
to the dimensions of this article.
(3)
The aforementioned guidelines of this section shall be applicable
in the RD Residential District, OFD Oceanfront Dune District and the
CD Commercial District.
D.
Extension within a building of a nonconforming use. Any existing building designed, arranged, intended or devoted to a use which is not permitted in the district in which such building is located shall not be enlarged, extended, altered or reconstructed unless such use is changed to a use which is permitted in the district in which such building is located. This Subsection D is subject to the provisions of Subsection C of this section.
E.
Certificate of occupancy. Certificates of occupancy shall be issued
in accordance with the provisions of this chapter.
F.
Building permits. Permits for the erection or alteration of any building
or structure shall be issued in accordance with the provisions of
this chapter. In addition to all other requirements of the Zoning
Chapter of the Town of Brookhaven and the Building Construction Code,
no permit shall be issued by the Chief Building Inspector unless the
owner of the property or his duly authorized representative meets
the following conditions:
(1)
That the premises upon which the structure is to be erected fronts
on a Town-owned and Town-maintained boardwalk or that a boardwalk
giving access to such proposed structure is shown upon a plat approved
by the Planning Board as provided in §§ 276 and 277
of the Town Law and that a performance bond has been furnished to
the Town by the owner of the property shown on said plat.
(2)
That the premises upon which the structure is sought to be erected
is located in an area on Fire Island which is west of the eight-mile
district, as defined by the east line of Ocean Ridge, formerly known
as "Sammis Lot No. 42, Section 3 (western boundary)," to the west
boundary of Smith Point County Park (eastern boundary).
(3)
That the erection of the proposed structure will not further contribute
to the process of erosion on the Great South Beach and will not in
any manner further damage the Great South Beach.
A.
Application of this section. The provisions of this section shall
apply to all residential properties on the Great South Beach, Town
of Brookhaven, New York.
B.
Legislative intent. The Town Board recognizes the unique characteristics
of Fire Island. The Town Board encourages land use which is consistent
with the characteristics of Fire Island and which constitutes wise
resource management. To this end and in order to promote the health,
safety and welfare of the public, the Town Board of the Town of Brookhaven
has enacted this section.
C.
Permitted uses. In the RD Residential District, no building, structure
or premises shall be used or occupied and no building or part thereof
or other structure shall so erected or altered except for one or more
of the following purposes:
A.
Application of this section. The provisions of this section shall
apply to that area of the Great South Beach extending from the mean
high tide mark landward to the crest of the primary dune as defined
by the Fire Island National Seashore on OGP-0004 and on Suffolk County
Property Maps, Section Nos. 985.70 through 987 (Brookhaven), as mapped
in November 1976, and landward an additional 40 feet beyond the crest
of the primary dune. The aforementioned defined area shall be known
as the "OFD Oceanfront Dune District."
B.
Legislative intent. The Town Board acknowledges the crucial function
that the sand dunes located along the Great South Beach provide in
protecting and preserving the inland areas of Fire Island from storm
damage and erosion. Thus, the Town Board has concluded that it is
essential that these dunes be preserved so that they may continue
to protect the whole of the Great South Beach. It is with the purpose
of safeguarding the health, safety and welfare of the public that
the Town Board has seen fit to institute the regulations regarding
the dune district which are contained in this section.
C.
Permitted uses. In the OFD Oceanfront Dune District, no building,
structure or premises shall be used or occupied and no building or
part thereof shall be erected, extended or added to except for one
or more of the following uses:
(1)
Reconstruction and/or repair of a building or structure as permitted under Subsection D of this section.
(2)
Community vehicular crossing and private or community pedestrian
dune crossings necessary for access to areas behind the dune.
(3)
Snow fences of the type approved by the Town of Brookhaven.
D.
Continuation of existing uses.
(1)
Those alterations necessary to accomplish the proper and routine
maintenance of existing structures are permitted.
(2)
Reconstruction of a building or structure is permitted to previous
dimensions in the OFD Oceanfront Dune District, except where said
building or structure was damaged by virtue of fire, explosion, acts
of God or other causes to the extent of not more than 75% of its full
value. Where damage exceeds 75% of the full value of the building
or structure, said building or structure shall be reconstructed and/or
repaired in conformity with the dimensions as stated in this article.
For the purposes of this section, full value shall be computed by
applying the current state equalization rate to the current assessed
value of the building or structure.
A.
Application of this section. The provisions of this section shall
apply to all commercial properties on the Great South Beach, Town
of Brookhaven, New York.
B.
Legislative intent. The Town Board of the Town of Brookhaven recognizes
that commercial development in the Town should provide necessary conveniences
and services to the residents of the Town. Furthermore, in order to
protect the viability of existing business on Fire Island and to preserve
and protect the residential character of the Great South Beach, yet
enhance the character and appearance of its business districts, the
Town Board of the Town of Brookhaven hereby enacts regulations designed
to control the proliferation of business inconsistent with the objectives
of the Town of Brookhaven and to allow the proper development of businesses
which provide necessary public services and are consistent with the
predominantly residential community on the Great South Beach.
C.
Permitted uses. In the CD Commercial District, no building, structure
or premises shall be used or occupied and no building or part thereof
or other structure shall be erected or altered except for one or more
of the following uses:
(2)
Stores in which goods, services and commodities are sold at retail
in support of community living.
(3)
Professional offices.
(4)
Churches, schools, libraries and community buildings.
(5)
Telephone exchanges, electric substations, public utility buildings
or structures other than public business offices, garages or storage
yards when authorized by special permit from the Zoning Board of Appeals
upon the recommendation of the advisory committee(s) in the area(s)
directly affected.
(6)
Offices, banks and theaters.
(7)
Restaurants, dance halls and discotheques.
(8)
Shops for custom work and for making articles to be sold at retail
on the premises.
(9)
Ferry slips, boat docks and other transportation terminal facilities.
(10)
Art galleries, exhibit halls, artists' and photographers' studios
and historical or memorial monuments.
(11)
Accessory uses.
(a)
The following accessory uses shall be permitted when located
on the same lot with the authorized use:
(b)
Nothing herein contained shall be construed to permit the creation,
alteration, addition, maintenance or use of any premises which shall
provide open-air, outside service, outside display, outside or window
service unless specifically authorized by the Zoning Board of Appeals,
which may receive and give due consideration to the recommendation
of the advisory committees of the community areas affected.
D.
Prohibited uses. Consistent with the objectives of the Town of Brookhaven,
buildings or land hereafter may not be altered, changed, expanded,
converted, constructed or used for any of the following purposes:
(1)
Two-family dwellings.
(2)
Apartments, multiple dwellings and condominiums.
(3)
Showers, lockers, changing rooms and bathhouses.
(4)
Guesthouses, boardinghouses, lodging houses and hotels.
(5)
Uses which are designed for manufacturing or industry or which are
dangerous, unsafe or harmful to persons, health or property.
(6)
Stores in which goods, services and commodities are sold at retail
above the ground floor.
(7)
Those uses not expressly permitted herein.
B.
Accessory uses.
(1)
In the RD Residential District, the following accessory uses shall
be permitted when located on the same lot with the authorized use:
(a)
Office of a physician, lawyer, architect, teacher or similar
professional person residing on the premises when such use is incidental
to such residence; provided, however, that such use shall be within
the main building and occupying not more than 1/3 of the first-floor
area.
(c)
Other customary accessory uses, structures and buildings, including
but not limited to aboveground swimming pools, sheds for storage,
patios, decks and ramps, excluding primary walks, provided that such
uses are clearly incidental to the principal use and are not equipped
with facilities for cooking. An accessory use does not include any
activity commonly conducted as a business.
(d)
Accessory enclosures subject to the following:
[1]
Dimensional requirements: Said structures shall be limited to
a maximum height of 10 feet with a combined square footage of 100
square feet.
[2]
Location: Such enclosures may be located on the property owner's
access walkway or the Town's right-of-way adjacent to the subject
lot.
[3]
The property owner or homeowners' association secures and maintains
liability insurance for the benefit of the Town, which policy or coverage
is subject to the Town Attorney's approval and in such limits as the
Town Attorney from time to time shall determine.
(e)
Existing accessory enclosures shall be permitted, provided that
the property owner thereof fully complies with all requirements, set
forth in this section, except the dimensional criteria.
(f)
Existing accessory enclosures erected before the date of this
enactment which are destroyed or damaged by fire, explosion, acts
of God or other causes to the extent of more than 75% of their full
value may not be reconstructed or repaired; replacement enclosures
shall be permitted so long as in conformity with all applicable requirements
set forth in this section.
(g)
Existing gatehouses or accessory structures located on or near
a property owner's access walkway shall be permitted from the effective
date of this section, provided that where such structures encroach
upon the Town's right-of-way, such structures may be permitted so
long as the property owner or homeowners' association secures and
maintains liability insurance naming the Town as an insured in such
limits as the Town Attorney shall determine.
(2)
Any accessory building shall be located on the same lot with the
principal building, and no accessory building shall be constructed
on a lot until the construction of the main building has actually
been commenced, and no accessory building shall be used unless the
main building on the lot is completed and used.
C.
Height.
(1)
In the RD Residential District, no building or structure shall be
erected to a height in excess of 28 feet or 2 1/2 stories, whichever
is less, as measured from the average existing ground elevation, but
not less than the minimum elevation necessary to meet the prerequisites
for federal flood insurance, designated within the Flood Risk Zone
by the National Flood Insurance Program/Federal Emergency Management
Agency, indicated on the Flood Insurance Rate Map for the Great South
Beach, Brookhaven Town, Community Map No. 365-334-B. The rate map
shall be on file with both the office of the Town Clerk and the Department
of Planning, Environment and Land Management, Brookhaven Town Hall,
New York, in compliance with Public Officers Law, Article 6, the New
York Freedom of Information Law.
D.
E.
Front yard. In the RD Residential District, there shall be a front
yard having a depth of not less than 20 feet. Where 40% or more of
the frontage on that side of the walk and an intersecting walk is
improved with buildings, a majority of which have observed an average
front yard line having a variation in depth of not more than six feet,
no building shall project beyond the average front yard so established.
However, this regulation shall not be interpreted to require a front
yard depth of more than 30 feet.
F.
Side yards. In the RD Residential District, there shall be two side
yards, one on each side of the building, the total width of both sides
to be 30 feet, and no one side yard shall be less than 12 feet wide,
provided that, in the case of a lot having a frontage of less than
75 feet at the building line, a single-family dwelling may be built
thereon with the side yards totaling not less than 40% of the lot
frontage, the lesser side not less than 16% of the lot frontage.
G.
Rear yard. In the RD Residential District, there shall be a rear
yard having a minimum depth of 20 feet.
H.
Average setback. Where property in the vicinity is partly built-up
with permanent buildings and structures and an average setback line
has been established, no buildings or structures shall be erected
or altered so as to project beyond the average setback line so established.
I.
Fences.
(1)
No fence or wall of any type or description shall be erected, in
that portion of the Great South Beach, which has a height greater
than six feet measured from the elevation of the average ground level
of the lot or from the accessory structure upon which the fence is
constructed, i.e., deck, patio, etc. At no point shall the height
of the fence exceed 10 feet, inclusive of the skirting beneath the
deck and/or accessory structure upon which the fence is constructed.
In addition, a fence with a maximum height of four feet may extend
beyond the front of the principal structure, so long as said fence
is not located in the required front yard. No fence shall be built
in such a way as to interfere with the fire, health and police regulations
of the Town of Brookhaven or impede access of fire, health or police
personnel.
(2)
Nonconforming fences may continue such nonconformity until they are
destroyed, structurally altered, reconstructed, changed or moved.
J.
Signs.
(1)
In the RD Residential District, no illuminated signs or displays
shall be permitted, and no advertising or business sign shall be permitted,
nor signs of an obscene nature appealing to the prurient interest
or offensive to community standards.
(a)
Signs shall be limited to one square foot and shall be limited
in number to one per premises, to be located on the premises.
(b)
Noncommercial signs to be used for public information, orientation
or educational purposes may be larger by special permit from the Zoning
Board of Appeals. Recommendation(s) of the respective advisory committee(s)
for the community area(s) affected shall be received and considered
by the Zoning Board of Appeals.
(2)
Nonconforming signs may continue such nonconformity until they are
destroyed, structurally altered, reconstructed, changed or moved,
but the period of such nonconformity may not exceed two years from
the date of enactment of this article.
K.
Permitted encroachments. In the RD Residential District, the following
encroachments are hereby permitted:
(1)
Cornices, eaves, gutters and chimneys, projecting not more than 24
inches.
(2)
Bay windows and fireplaces, projecting not more than 24 inches.
(3)
Open unroofed entrance platforms or terraces not wider or deeper
than six feet.
(4)
Flagpoles, not to exceed the height of the principal structure.
(5)
Chimneys.
L.
Exterior lighting. In the RD Residential District, exterior lighting,
including lighting for purposes of security, shall be directed so
as not to create a nuisance to neighboring property.
M.
Swimming pools. Swimming pools are permitted pursuant to the following
regulations, provided that the dimensional requirements of this chapter
are met:
(1)
No swimming pool shall be installed which at any point is more than
six feet below the adjacent ground level.
(2)
No swimming pool may be closer than one foot to groundwater.
(3)
The applicant must demonstrate that all excavated materials are to
be placed or removed in such a manner as not to degrade the natural
environmental features or vegetation in the area.
(4)
Any such swimming pool shall be deemed a structure and require issuance
of a building permit and certificate of occupancy.
(5)
No excavation shall be permitted in a primary dune.
N.
Minimum habitable area. In the RD Residential District, no dwelling
shall hereafter be erected or altered for a single-family dwelling
unless provision shall be made therein for not less than 720 square
feet for the minimum ground floor area, exclusive of accessory structures.
B.
Accessory uses.
(1)
In the CD Commercial District, the following accessory uses shall
be permitted when located on the same lot with the authorized use:
(2)
Any accessory building shall be located on the same lot with the
principal building, and no accessory building shall be constructed
on a lot until the construction of the main building has actually
been commenced, and no accessory building shall be used unless the
main building on the lot is completed and used.
C.
Height.
(1)
In the CD Commercial District, no building or structure shall be
erected to a height in excess of 28 feet or 2 1/2 stories, whichever
is greater, as measured from the average existing ground elevation,
but not less than the minimum elevation necessary to meet the prerequisites
for federal flood insurance, designated within the Flood Risk Zone
by the National Flood Insurance Program/Federal Emergency Management
Agency indicated on the Flood Insurance Rate Map for the Great South
Beach, Brookhaven Town, Community Map No. 365-334-B. The rate map
shall be on file with both the office of the Town Clerk and Department
of Planning, Environment and Land Management, Brookhaven Town Hall,
New York, in compliance with Public Officers Law, Article 6, the New
York Freedom of Information Law.
D.
E.
Front yard. In the CD Commercial District, there shall be a front
yard having a depth of not less than 15 feet. Where 40% or more of
the frontage on that side of the walk and an intersecting walk is
improved with buildings, a majority of which have observed an average
front yard line having a variation in depth of not more than six feet,
no building shall project beyond the average front yard so established.
However, this regulation shall not be interpreted to require a front
yard depth of more than 30 feet.
F.
Side yards. In the CD Commercial District, there shall be two side
yards, one on each side of the building, the total width of both sides
to be 10 feet, and no one side yard shall be less than five feet wide.
G.
Rear yard. In the CD Commercial District, there shall be a rear yard
having a minimum depth of 20 feet.
H.
Average setback. Where property in the vicinity is partly built up
with permanent buildings and structures and an average setback line
has been established, no buildings or structures shall be erected
or altered so as to project beyond the average setback line so established.
I.
Fences.
(1)
No fence or wall of any type or description shall be erected, in
that portion of the Great South Beach, which has a height greater
than six feet measured from the elevation of the average ground level
of the lot or from the accessory structure upon which the fence is
constructed, i.e., deck, patio, etc. In addition, the fenced area
shall not extend beyond the front of the principal structure. No fence
shall be built in such a way as to interfere with fire, health and
police regulations of the Town of Brookhaven or impede access of fire,
health or police personnel.
(2)
Nonconforming fences may continue such nonconformity until they are
destroyed, structurally altered, reconstructed, changed or moved.
J.
Signs.
(1)
In the CD Commercial District, no illuminating signs shall be permitted,
nor signs of an obscene nature appealing to the prurient interest
or offensive to community standards.
(a)
Signs shall be limited to four square feet and shall be limited
in number to two per premises, to be located on the premises directly
in front of the area where the specific use occurs.
(b)
Sign content must be either the name of the specific business
establishment or related to the business on the premises.
(2)
Nonconforming signs may continue such nonconformity until they are
destroyed, structurally altered, reconstructed, changed or moved,
but the period of such nonconformity may not exceed two years from
the date of enactment of this article.
K.
Permitted encroachments. In the CD Commercial District, the following
encroachments are hereby permitted:
(1)
Cornices, eaves, gutters and chimneys, projecting not more than 24
inches.
(2)
Bay windows and fireplaces, projecting not more than 24 inches.
(3)
Open and unroofed entrance platforms or terraces not wider or deeper
than six feet.
(4)
Flagpoles, not to exceed the height of the principal structure.
(5)
Chimneys.
L.
Exterior lighting. In the CD Commercial District, exterior lighting,
including lighting for purposes of security, shall be directed so
as not to create a nuisance to neighboring property.
M.
Swimming pools. Swimming pools are permitted pursuant to the following
regulations, provided that the dimensional requirements of this chapter
are met:
(1)
No swimming pool shall be installed which at any point is more than
six feet below the adjacent ground level.
(2)
No swimming pool may be closer than one foot to groundwater.
(3)
The applicant must demonstrate that all excavated materials are to
be placed or removed in such a manner as not to degrade the natural
environmental features or vegetation in the area.
(4)
Any such swimming pool shall be deemed a structure and require issuance
of a building permit and certificate of occupancy.
(5)
Prior to issuance of a building permit, the applicant must obtain
the approval of the Brookhaven Town Division of Environmental Protection.
(6)
No excavation shall be permitted in a primary dune.
N.
Minimum habitable area.
(1)
Where two-family dwellings are allowed, no dwelling shall be hereafter
erected or altered for two-family dwelling use, unless provision shall
be made therein for not less than 1,440 square feet for the minimum
ground floor area, exclusive of accessory structures.
(2)
Where multiple dwellings are allowed, no dwelling shall be hereafter
erected or altered for multiple-dwelling use, unless provision shall
be made therein for not less than 400 square feet of habitable floor
area for each family unit.
A.
Advisory committees.
(1)
Each community area situated within the bounds of the Great South
Beach in the Town of Brookhaven shall establish an advisory committee.
Said committee shall serve the purpose of:
(a)
Monitoring the development process of the community.
(b)
Encouraging compliance with land use management regulations
which seek to preserve the barrier beach.
(c)
Advising and submitting written recommendations to the Zoning
Board of Appeals of the Town of Brookhaven regarding development and
construction for its respective community.
(2)
Each respective community, as represented by a majority of that community's
property owners through its property owners' association, shall propose
the names of not less than three persons nor more than five persons
to serve on the advisory committee for that respective community,
to be appointed by the Town Board of the Town of Brookhaven for a
period not to exceed three years. The names, addresses and telephone
numbers of the committee members must be on file with the Clerk of
the Town of Brookhaven and the Zoning Board of Appeals.
(3)
Each advisory committee shall meet quarterly and at least once per
month during the summer season as measured from Memorial Day through
Labor Day.
(4)
The Zoning Board of Appeals shall notify each respective advisory
committee as to all its applications concerning the community area(s)
affected.
(5)
The respective advisory committee for the area affected shall report
any violation of this article or any other provision of the Brookhaven
Town Code to the appropriate Town department for review.
B.
Zoning Board of Appeals; guidelines for issuance of special permits.
In determining whether a special permit shall be issued, the Zoning
Board of Appeals shall adhere to the Code of the Town of Brookhaven,
which establishes guidelines for the issuance of special permits.
C.
Application of the Code of the Town of Brookhaven. Unless in direct
contravention with the provisions of this article, all other provisions
of the Code of the Town of Brookhaven are applicable.
D.
Noncompliance with this article. Noncompliance with any of the provisions
of this article shall be subject to the penalties provisions of the
ordinances and regulations promulgated by the Town of Brookhaven.
E.
Effective date of this article. This article shall become effective
10 days following its publication pursuant to New York Town Law § 133.