Town of Brookhaven, NY General Provisions

A building, structure or use which is incidental and subordinate to the principal building or use and located on the same lot with such principal building or use. An accessory use is permitted only on the same lot upon which a valid permitted principal use exists, and subject to the following:

Is subordinate in area, extent, and purpose to the principal use.

Contributes to the comfort, convenience, or necessity of the principal use.

(c)

Is located on the same lot and in the same zoning district as the principal use.

(d)

Functions as secondary or subordinate to a primary or major use.

ACCESSORY SOLAR ENERGY SYSTEM

Noncustomary accessory uses may also be permitted that advance recycling initiatives, promote renewable energy, or represent changes in practices or modernization of a business so long as the accessory use remains subordinate to the principal use.

ACCESSORY FACILITY

A building or structure that serves the principal use, which is subordinate in area, extent and purpose to the principal use, and is located on the same lot as the principal use. Examples of such facilities include transmission equipment and storage sheds.

A solar collection system consisting of one or more roof- and/or ground-mounted solar collector devices, including solar carports, and solar-related equipment, and is intended to primarily reduce on-site consumption of utility power. A system is considered a small solar energy system only if it supplies electrical or thermal power solely for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.

ACRE

As used herein, an acre shall be measured as 43,560 square feet.

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT ENTERTAINMENT ESTABLISHMENT

A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments, and which establishment is customarily not open to the public generally but excludes any minor by reason of age. Said establishments shall also include any movie theater in which a majority of the movie films presented are X-rated.

ADULT MOTEL

A motel which is not open to the public generally but excludes minors by reason of age, or which makes available to its patrons in their rooms films, slide shows or videotapes, which if presented in a public movie theater would not be open to the public generally but would exclude any minor by reason of age.

ADULT THEATER

A theater that customarily presents motion pictures, films, videotapes or slide shows, that is not open to the public generally but excludes any minor by reason of age.

AFFORDABLE HOMEOWNERSHIP HOUSING

Housing for individuals and families whose household incomes are at or below 80% of the area median income based on family size for Nassau-Suffolk Counties as determined annually by the Federal Department of Housing and Urban Development ("HUD").

[Added 6-9-2016 by L.L. No. 14-2016, effective 6-21-2016]

AFFORDABLE RENTAL HOUSING

Housing for individuals and families whose household incomes are at or below 50% of the area median income based on family size for Nassau-Suffolk Counties as determined annually by the Federal Department of Housing and Urban Development ("HUD"); or housing that is rent restricted pursuant to Section 42 of the Internal. Revenue Code, Article 2-A of the New York Public Housing Law, or any other federal, state, or county regulatory agreement.

[Added 6-9-2016 by L.L. No. 14-2016, effective 6-21-2016; amended 10-22-2020 by L.L. No. 13-2020, effective 11-4-2020]

AGRICULTURE

OPEN FARMINGIncludes the cultivation of the soil for food products and other useful or valuable growths of the field.

ALTERNATIVE TOWER STRUCTURE

OTHER AGRICULTUREAgricultural uses not included in the foregoing definition of "open farming," but including greenhouses, dairies and the raising of livestock, roosters and other poultry, except when such poultry consists solely of a total of six or fewer ducks or geese or female chickens or any combination thereof per residential premises, regardless of size.

AIRPORT

A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers.

[Added 2-10-2017 by L.L. No. 5-2017, effective 2-23-2017]

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANAEROBIC DIGESTER FACILITY

An area or facility designed for disposal, storage and/or collection of organic biodegradable waste for the purpose of processing same into renewable natural gas and fertilizer.

ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

ART GALLERY

An establishment engaged in the sale, loan, or display of art books, paintings, sculpture or other works of art or limited editions, where all activities occur inside the building.

ARTIST STUDIO

The showroom or workshop of an artist, sculptor, photographer or craftsperson.

ASSEMBLY/SOCIAL RECREATION HALL

An indoor space, open to the public, that houses room for small or large gatherings of people for meetings, meals, games, parties, or other gatherings.

AUTOMOBILE PARKING FIELD

A lot used solely for the parking of registered automobiles and only in conjunction with a permitted principal use, which is adjacent to or within 100 linear feet from the parking field.

BAR, TAVERN OR NIGHTCLUB

An establishment regulated by the New York State Liquor Authority and consisting of one or more of the following characteristics: age restrictions or cover charges for admission, listening or dancing to music provided by live entertainment, disc jockeys, juke boxes or hours of operation which extend beyond the normal dining times for dinner. The accessory or incidental sale of foods or snacks shall not entitle such a use to be considered a restaurant under other provisions of this code. The permanent or temporary removal of tables and chairs from such an establishment to permit any of the aforesaid characteristics shall constitute the creation of a bar, tavern or nightclub.

BARN

A structure or building designed and used exclusively for the housing of domestic animals and/or agricultural products and/or farm and/or agricultural equipment including, but not limited to, farm implements, tractors, cultivators, and other such items as are customarily used for active farming.

BATTERY ENERGY STORAGE SYSTEM (BESS)

A rechargeable system consisting of electrochemical storage batteries, battery chargers, controls and associated equipment designed to provide electrical power at a later time.

[Added 2-13-2020 by L.L. No. 3-2020, effective 2-28-2020]

BED-AND-BREAKFAST ESTABLISHMENT

An owner-occupied single-family dwelling wherein, as an accessory use, guest rooms and breakfast only are made available to the public for compensation for short-term accommodation of no more than 14 consecutive nights.

BILLIARD HALL

A business establishment containing more than two pool or billiard tables for the use of patrons.

[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

BLIGHT

Commercial or industrial properties which have a deteriorating and/or abandoned building(s) in whole or substantial part thereof. These properties are inadequately maintained with debris, litter and/or trash and junk accumulation and missing public amenities and may impair or arrest the sound growth and development of the area, community or municipality. Blighting conditions share some or all following characteristics:

Unsafe or unhealthy conditions that make the building unfit for use.

Deterioration of the site.

CANNABIS INDOOR SMOKING ESTABLISHMENT

Dilapidated, deteriorated, or defective structures.

(4)

Boarded-up buildings.

(5)

Criminal activity and loitering.

(6)

Aesthetically poor conditions: signs, parking area, facades.

(7)

Code violations and a public nuisance.

(8)

Vacant and underutilization of land, lots and buildings.

(9)

Weeds and poorly landscaped, debris and litter.

(10)

Poorly maintained, cracked sidewalks and curbing.

(11)

Damaged or missing fencing.

(12)

High vacancy or rates.

(13)

Outdated and inefficient buildings and uses.

(14)

Vacant lots on which buildings have been demolished.

BOARDINGHOUSE

A building other than a motel or hotel where lodging and meals are provided for compensation.

BOWLING ALLEY

An indoor facility for the sport of ten-pin or duck-pin bowling that devotes the majority of its gross floor area to bowling lanes, equipment, and playing area, with customary accessory uses such as snack bars.

[Added 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]

BUILDING

A structure having a roof supported by columns or walls, and when separated by a party wall without openings, it shall be deemed a separate building.

BUILDING HEIGHT

The vertical distance from the average grade at the base of the structure to the highest point of the roof, provided that chimneys, spires and similar permitted projections shall not be included in determining height.

CAMP COTTAGE

Any building of whatever material constructed, designed or equipped to be used for living, sleeping or eating only by transient or seasonal occupants within a tourist camp.

CAMP UNIT

Any plot of land in a tourist camp upon which is proposed to be located any tent, tent-house, camp cottage, tourist unit, house-car or trailer designed or equipped to be used for living, sleeping or eating.

Any facility or location whose business operation, whether as its principal or accessory use, includes the indoor smoking of cannabis in any form. Smoking is the inhalation of the smoke of burning cannabis encased in cigarettes, pipes, cigars, electronic cigarettes, pipes, waterpipes, or any similar device. Smoking outside of the establishment shall be prohibited at all times.

[Added 8-5-2021 by L.L. No. 15-2021, effective 8-17-2021]

CANNABIS RETAIL SALES ESTABLISHMENT

A commercial enterprise that provides cannabis goods directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.

[Added 8-5-2021 by L.L. No. 15-2021, effective 8-17-2021]

CATERING HALL

A building or structure available for rent to accommodate private functions, including, but not limited to, banquets, meetings, weddings, other receptions, and may also include on-site kitchen facilities.

[Added 4-7-2016 by L.L. No. 5-2016, effective 4-20-2016]

CENTRAL PINE BARRENS

The land area described in Article 57 of the Environmental Conservation Law, as shall be amended from time to time, as the Central Pine Barrens Area.

CENTRAL PINE BARRENS COMPREHENSIVE LAND USE PLAN

The land use plan adopted by the Joint Planning and Policy Commission pursuant to Article 57 of the Environmental Conservation Law, together with all subsequent amendments thereto, also referred to in this chapter as the "Plan."

CENTRAL PINE BARRENS JOINT PLANNING AND POLICY COMMISSION

The Commission established by Article 57 of the Environmental Conservation Law; also referred to in this chapter as the "Commission."

CLOSED-LOOP GROUND-SOURCE HEAT PUMP SYSTEM

A system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water.

CLUBHOUSE

A building used for meeting or social functions by members of a golf course, or their invitees, and may include administrative offices, bar, restaurant, pro shop, snack bar, locker rooms, and other related facilities.

[Added 4-7-2016 by L.L. No. 5-2016, effective 4-20-2016]

COLLEGE/UNIVERSITY

An educational institution authorized by the state to award associate, baccalaureate and/or higher degrees.

[Added 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]

CO-LOCATION

The mounting or installing a small wireless facility in the public right-of-way on an existing structure, an existing tower or on an existing pole and/or modifying an existing structure, tower or pole for the purpose of mounting or installing an antenna facility on that structure.

[Added 12-19-2019 by L.L. No. 25-2019, effective 12-31-2019]

COMMERCIAL BOAT STORAGE

Indoor or outdoor yard, place, or enclosure where boats are stored.

[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

COMMERCIAL BUS STORAGE FACILITY

A company which is engaged in the business of storing large commercial vehicles used for transporting more than 20 passengers (with a driver) and which maintains a motor vehicle fleet of two or more vehicles, and which may include a motor vehicle repair shop.

[Added 2-10-2017 by L.L. No. 5-2017, effective 2-23-2017]

COMMERCIAL CENTER

A retail use(s) which exceeds a gross floor area of 100,000 square feet and/or occupies a site of five or more acres.

COMMERCIAL LAUNDRY ESTABLISHMENT

A building or a part of a building or a lot or a part of a lot used for the laundering of clothes or linens and including dyeing, washing, starching, ironing.

[Added 2-10-2017 by L.L. No. 5-2017, effective 2-23-2017]

COMMERCIAL SHIPYARD OR BOAT REPAIR YARD

A yard, place, or enclosure where boats or ships are built or repaired.

[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

COMMERCIAL VEHICLE

Every type of motor vehicle with a gross vehicle weight rating of 10,000 pounds or more driven or used for commercial purposes on the highways, such as for transportation of goods, wares and merchandise; motor coaches carrying passengers and trailers and semitrailers, including tractors when used in combination with trailers and semitrailers, except such vehicles as are run only upon rails or tracks.

[Added 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]

COMMISSIONER

The Commissioner of Planning, Environment and Land Management.

COMPATIBLE GROWTH AREA

The land area within the Town of Brookhaven described and defined by Article 57 of the Environmental Conservation Law located and situated in the Central Pine Barrens of Suffolk County.

CONSERVATION EASEMENT

As defined by Article 49 of the Environmental Conservation Law.

CONVENIENCE STORE

A retail establishment which sells food and beverages, prepackaged or packaged within the establishment and in a ready-to-consume state, and also sells newspapers, magazines and other sundries of a convenience nature, and which is open seven days per week, at least 12 hours per day.

CONVENTS AND MONASTERIES

The building or buildings utilized by members of a religious order as their primary residence and from where activities in furtherance of the religious order are conducted primarily for the residents therein, including, but not limited to, worship, education and labor.

CORE PRESERVATION AREA

The land area described and defined in Article 57 of the Environmental Conservation Law, together with subsequent amendments thereto.

COUNTRY CLUB

A privately owned club, often with a closed membership, with a clubhouse and grounds, that generally offers both a variety of social, recreational and sports activities and may include facilities for bar, restaurant and entertaining, indoor or outdoor golf, indoor or outdoor tennis courts, and indoor or outdoor pool.

[Added 4-7-2016 by L.L. No. 5-2016, effective 4-20-2016]

CRITICAL RESOURCE AREAS

A land area located within the Compatible Growth Area identified in the Central Pine Barrens Comprehensive Land Use Plan as having significant environmental features for which development proposals are subject to review and approval by the Joint Planning and Policy Commission. (See Volume 1, Chapter 4, of the Plan for identification/location of specific critical resource areas.)

CURB LEVEL

The officially established grade of the curb in front of the midpoint of the lot.

DAY-CARE FACILITY

Any premises which receives six or more children, senior citizens or handicapped persons for day-care periods of less than 24 hours per day. The term "day-care facility" shall be deemed to include "nursery school," "kindergarten," "preschool," "day camp" and similar terms.

DELICATESSEN

A store which sells food products, both those ready to eat and those prepared to eat, and contains no facilities for eating on the premises.

DENSITY BONUS

A density increase of at least 10% over the density of development. All density calculations resulting in fractional units shall be rounded up to the nearest whole number. The density bonus shall not be included as part of the calculation that determines the number of affordable and workforce housing units that constitutes 10% of the total units.

[Added 6-9-2016 by L.L. No. 14-2016, effective 6-21-2016]

DENSITY OF DEVELOPMENT

The minimum residential unit yield (number of dwelling units) permitted under the existing zoning district classification for any given lot, parcel or assemblage. For land use applications made pursuant to any Multifamily Residence Districts, density of development shall be based upon the existing zoning of the site at the time of application for change of zone to any Multifamily Residence District, or prior to any change of zone approval to any Multifamily Residence District.

[Amended 6-9-2016 by L.L. No. 14-2016, effective 6-21-2016]

DEPOT

An area where vehicles may be stored legally pursuant to all of the local laws and requirements of the Code of the Town of Brookhaven, including but not limited to zoning, and which is owned or leased by the licensee. A depot shall be an accessory use to a motor vehicle repair shop, as defined in Chapter 66 of the Code of the Town of Brookhaven. A depot must be located on the same site as the motor vehicle repair shop. A depot must be paved and provide drainage. A depot must be fenced with a six-foot-high perimeter fence and screened from view. Screening shall comprise landscaping, consisting of at least a single row of evergreen plantings at least seven feet high and five feet on center or the required six-foot-high perimeter fence, shall have no opening, mesh, hole or gap, larger than two inches measured horizontally and vertically, such as a solid-surface fence or chain-link fence equipped with privacy slats, permahedge or other similar product. Nothing herein shall be construed to prevent the use of both landscaping and fencing for depot screening. To qualify for use in connection with a towing business licensed pursuant to the provisions of Chapter 66 of the Code of the Town of Brookhaven, a depot shall be so constructed as to contain an additional area of not less than 2,025 square feet. Any depot legally existing prior to the effective date of this revision may be maintained as a nonconforming use in conformance with the provisions of Chapter 85 of the Code of the Town of Brookhaven. Any depot may be located entirely inside a building, provided that the building has the appropriate certificate of occupancy for such storage and is in compliance with the Fire Code.[1]

[Amended 2-25-2021 by L.L. No. 3-2021, effective 3-8-2021]

DEVELOPMENT OF REGIONAL SIGNIFICANCE

Development projects in this article[2] which meet the threshold set forth subject to review and approval of the Joint Planning and Policy Commission.

DRIVE-IN ESTABLISHMENT

Any use which does not customarily provide off-street parking facilities and which serves the needs of customers who do not customarily leave their vehicles while being served. The term "drive-in establishment" shall be deemed to include but not be limited to such places of business as bank windows, motor vehicle washes and dairy stores.

DRIVEWAY

An area of a parcel, whether constructed of asphalt, pavement, cement, stone, or other material, or property left in a natural state, which automobiles use for means of egress from or ingress to a parcel of real property and/or by which automobiles may park on the property, not including the parking area within a structure such as a garage.

DRY CLEANER

An establishment which launders or dry-cleans articles dropped off on the premises directly by the customer or where articles are dropped off, sorted, and picked up but where laundering or cleaning is done elsewhere.

DUCK RANCH

Any area or areas used for the breeding, killing or handling of ducks or other water fowl exceeding 100 living units for commercial purposes.

DWELLING, MODEL

A dwelling or dwellings used for the exhibition or demonstration of dwellings or dwelling units for sale.

DWELLING, MULTIPLE

A building or portion thereof designed for or occupied by three or more families living independently of each other with separate cooking facilities.

DWELLING, SINGLE- OR ONE-FAMILY

A building designed for residential purposes and arranged or intended to be occupied by one family doing its own cooking, which building shall have not more than one kitchen. Boardinghouses and rooming houses shall not be deemed single- or one-family dwellings. A single- or one-family dwelling is no longer being used as a single- or one-family dwelling if any of two or more of the following features are found to exist on the premises of that building or dwelling unit by the Chief Building Inspector or his designee:

More than one mailbox, mail slot or post office address.

More than one doorbell or doorway on the same side of the building or dwelling unit.

ELECTRIC GENERATING FACILITY

More than one electric meter.

(4)

More than one gas meter.

(5)

More than one connecting line for cable television.

(6)

Separate entrances for segregated portions of the building or dwelling unit.

(7)

Partitions or locked internal doors barring access between segregated portions of the building or dwelling unit, including bedrooms.

(8)

Separate written or oral leases or rental agreements or the payment of rent for portions of the building or dwelling unit among its owner and residents.

(9)

Two or more kitchens, each of which contains a range or oven and refrigerator and sink.

DWELLING, TWO-FAMILY

A detached building designed for or occupied exclusively by two families living independently of each other with separate cooking facilities.

All buildings, equipment, structures, and other stationary items for the development of electric power which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person.

[Added 2-10-2017 by L.L. No. 5-2017, effective 2-23-2017]

ESSENTIAL SERVICE

The erection, construction, alteration or maintenance by public utilities or municipal corporations of underground or overhead gas, electrical or water transmission or distribution systems or collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal corporations or for the public health, safety or general welfare.

EXHIBIT HALL

A building or part thereof used to display items for observation, review, or inspection only and not otherwise intended as an assembly/social recreation hall.

[Amended 7-18-2019 by L.L. No. 18-2019]

FAA

The Federal Aviation Administration.

FAMILY

The following groups shall be considered a family:

Any number of persons related by blood, marriage, legal adoption or legal foster relationship, living and cooking together as a single, nonprofit housekeeping unit.

Four or more persons occupying a single dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.

It shall be presumed that four or more persons living in a single nonprofit dwelling who are not related by blood, marriage, legal adoption or legal foster relationship do not constitute the functional equivalent of a traditional family. This presumption can be overcome only by a showing that, under the standards enumerated in Subsection (3) hereof, the group constitutes the functional equivalent of a traditional family. A determination as to the status of such group may be made in the first instance by the Chief Building Inspector or his designee, or on appeal from an order, requirement, decision or determination made by him, by the Zoning Board of Appeals in conformance with this Chapter 85 of the Brookhaven Town Code.

In determining whether four or more persons living in a single nonprofit dwelling who are not related by blood, marriage, legal adoption or legal foster relationship constitute the functional equivalent of a traditional family pursuant to Subsection (2), the following factors shall be evaluated:

The group is one which lives and cooks together as a single housekeeping unit, shares expenses for food, rent, ownership costs, utilities and other household expenses. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family.

GROSS FLOOR AREA (GFA), COMMERCIAL

The group is of a permanent and stable nature and is neither a framework for transient or seasonal living nor merely an association or relationship which is transient or seasonal in nature. Nothing herein shall preclude the seasonal use of a dwelling unit by a group which otherwise meets the standards of this subsection at its permanent residence. Evidence of such permanence and stability includes, but is not limited to:

[1]

The presence of minor children regularly residing in the household who are enrolled in a local school.

[2]

Members of the household have the same address for the purposes of voter registration, drivers' licenses, motor vehicle registration, filing of taxes and delivery of mail.

[3]

Members of the household are employed in the area.

[4]

The household has been living together as a unit for a year or more, whether in the current dwelling or in other dwelling units.

[5]

The existence of a head of the household that cares for the occupants in a family-like living arrangement.

[6]

Common ownership of furniture and appliances among the members of the household.

[7]

Any other factors reasonably related to whether or not the occupants are the functional equivalent of a family.

(c)

All other requirements of this chapter regarding the use and occupancy of a residence for one family shall be complied with.

(d)

Any determination under this subsection shall be limited to the status of a particular group of persons as a family and shall not be interpreted as authorizing any other use, occupancy or activity.

(e)

In no case shall a residence for a single family be occupied by more than the number of persons permitted under the standards presented in this chapter.

(f)

Floor plans of the dwelling unit shall be submitted to the Chief Building Inspector or his designee, and on appeal if necessary to the Zoning Board of Appeals, and must conform to all Town and state laws, regulations and codes.

(g)

There shall be at least one room which is not designed as a conventional bedroom, bathroom, foyer, storage area or closet.

(h)

The Chief Building Inspector, or his designee, or the Zoning Board of Appeals may impose such conditions and safeguards as it shall deem reasonable, necessary and/or advisable in order to maintain the stability and character of the neighborhood and protect the health, safety and welfare of the community.

FARM BREWERY

A production facility and process on a farm operation used for the fermenting or brewing of agricultural products into beer.

[Added 2-4-2016 by L.L. No. 1-2016, effective 2-18-2016]

FARM CIDERY

A production facility and process on a farm operation used for the fermenting of apples or other agricultural products into alcoholic cider beverages.

[Added 2-4-2016 by L.L. No. 1-2016, effective 2-18-2016]

FARM DISTILLERY

A production facility and process on a farm operation used for the fermenting or distilling of agricultural products into alcoholic spirits.

[Added 2-4-2016 by L.L. No. 1-2016, effective 2-18-2016]

FARMERS MARKET

An occasional or periodic market held in an open area for the retail sale of locally grown farm produce, plant stock and local products from vehicles or temporary stands located within the designated area. For the purposes of this definition, "local" and "locally grown" mean Suffolk County, New York.

[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]

FARM WINERY

A production facility and process on a farm operation used for the fermenting of grapes or other agricultural products into wine.

[Added 2-4-2016 by L.L. No. 1-2016, effective 2-18-2016]

FCC

The Federal Communications Commission.

FERRY TERMINAL/FACILITY

A specialized docking facility that receives a ferryboat or train ferry that is used to carry passengers and/or motor vehicles across a body of water. A terminal building may be available for ticket sales and waiting of passengers.

[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

FLEA MARKET

Any building or buildings, structure or structures or premises used by four or more transient or part-time independent vendors for the sale at retail of goods, wares or merchandise.

[Added 2-10-2017 by L.L. No. 5-2017, effective 2-23-2017]

FLOOR AREA

The total of the horizontal areas of the several floors of a building, excluding areas used for accessory garage purposes and such basement and cellar areas as are devoted exclusively to uses accessory to the operation of the building. All dimensions shall be measured between exterior faces of walls.

FLOOR AREA RATIO (FAR)

The gross floor area of a structure(s) divided by the total lot area.

FOUNDATION

The underlying supporting substructures of a building, including footings, foundation walls and supporting piers, piles, and columns, exclusive of any slab, first floor walls, or other structural components of the building.

FRONT BUILDING LINE

The line across the entire frontage of the lot at the required front yard depth.

FUEL CELL FACILITY

A device or multiple devices that use the chemical energy of hydrogen, or another fuel, to produce electricity, that is either connected to the public electric grid in order to sell electricity to a public utility entity or utilized for on-site consumption.

[Added 1-17-2019 by L.L. No. 1-2019, effective 1-28-2019]

GAME ROOM

A place or facility where electronic games are played for amusement only; shall not be construed so as to include bingo, games of chance, gambling, or any other devices prohibited by law.

[Added 4-7-2016 by L.L. No. 5-2016, effective 4-20-2016]

GARAGE, ATTACHED

A private garage attached to the principal structure by means of a common wall or by means of a fully enclosed breezeway not exceeding 10 feet in length.

GARAGE, DETACHED

A private garage detached from the principal structure or attached to the principal structure by means of an enclosed breezeway exceeding 10 feet in length. Detached garages shall be considered accessory structures but may not be greater than 14 feet in height above the surrounding grade, and any area above the first-floor level may only be used as a storage area with a ceiling height not to exceed six feet above the floor. Detached garages may not exceed 600 square feet in floor area and may not be located forward of the front foundation line of the principal structure. No more than one detached garage shall be permitted on any parcel of property. The above limitations shall not apply to detached garages utilized for permitted commercial or industrial purposes in connection with a permitted principal use.

GARAGE, MINOR

A building, other than a private garage, not more than one story in height, used for the storage only of noncommercial automobiles and in which no repair work or servicing of any kind is carried on. Such garages shall not be utilized for the retail sale of motor fuels, lubricants and other motor vehicle supplies.

GARAGE, PRIVATE

An accessory building, not more than one story in height, for the storage of one or more power-driven vehicles used by the owner(s) or tenant(s) of the lot on which it is erected and for the storage of not more than two noncommercial automobiles used by others. A private garage is permitted only on the same lot upon which a valid permitted principal use exists.

GEOTHERMAL ENERGY

Renewable energy generated from the interior of the earth and used to produce energy for heating buildings or serving building commercial or industrial processes. A generating system that uses the earth's thermal properties in conjunction with electricity to provide greater efficiency in the heating and cooling of buildings.

GOLF COURSE

A tract of land laid out for at least nine holes for playing the game of golf and improved with trees, greens, fairways, and hazards and that may include a clubhouse, shelter, bathrooms, cart roads and detached snack bar.

[Added 4-7-2016 by L.L. No. 5-2016, effective 4-20-2016]

GOLF DRIVING RANGE

An area equipped with distance markers, clubs, balls, and tees for practicing golf drives and putting, and which may include a snack bar and pro shop, but excludes miniature golf courses and "putt-putt" courses.

[Added 4-7-2016 by L.L. No. 5-2016, effective 4-20-2016]

GRADE, FINISHED

The completed surfaces of lawns, driveways and walks brought to grades as shown on the plans or designs relating thereto.

GREENHOUSE

A structure which is specifically designed, constructed and used for the culture and propagation of horticultural commodities.

The total floor area of a structure as measured from the exterior faces of the walls. GFA shall include accessory buildings/structures, above-grade floors, stairwells at each story, interior balconies, mezzanines, floor space utilized for mechanical equipment with structural headroom of seven feet six inches or more and covered or enclosed porches, patios and decks. GFA shall include the area under a gambrel, gable, hip or similar type roof, where there exists a floor-to-ceiling height of five feet or more, unless access to said area is limited to a scupper or pull-down staircase. All storage space or occupied space shall be included when calculating GFA for nonresidential uses. Open and unroofed decks and patios, awnings, sills, cornices, buttresses and eaves shall not be included in calculating GFA.

GROSS FLOOR AREA (GFA), RESIDENTIAL

The total floor area of a structure as measured from the exterior faces of the walls. GFA shall include accessory buildings or structures, above-grade floors, stairwells at each story, interior balconies, mezzanines and covered or enclosed porches, patios and decks. GFA shall include the area under a gambrel, gable, hip or similar type roof, where there exists a floor-to-ceiling height of five feet or more, unless access to said area is limited to a scupper or pull-down staircase. Below-grade floors shall not be included in GFA for residential uses, provided such floors are at least 75% below grade and are not used as habitable space. Open and unroofed decks and/or patios, awnings, sills, cornices, buttresses and eaves shall not be included in calculating GFA.

GROUND-SOURCE HEAT PUMP SYSTEM (GSHPS)

A system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. The energy must be used on-site.

GUIDELINES

Planning recommendations set forth in this chapter applicable to development proposals at the discretion of the governmental board or body otherwise authorized to review and approve said development proposals.

HEALTH CLUB

An establishment that provides facilities for physical fitness activities, including, but not limited to, aerobic exercises, running and jogging, exercise equipment, games courts, swimming facilities and saunas.

HEAT TRANSFER FLUID

A nontoxic and food-grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed 20% by weight or aqueous solutions of potassium acetate not to exceed 20% by weight.

HEAVY CONSTRUCTION VEHICLES AND EQUIPMENT DEALERSHIP

A building or a part of a building or a lot or a part of a lot used for the sale, rental, lease, display or storage of those vehicles and/or equipment commonly used during construction, maintenance or demolition of utilities, buildings or structures or with the excavation of earth, sand or other construction materials. Such vehicles and equipment shall include, but not be limited to, commercial grade tractors, backhoes, front-end loaders, forklifts, bulldozers and scissor lifts.

HEIGHT

When referring to a tower or other structure, the distance measured from the finished mean grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

HIGH-RISE BUILDING

A building or structure, except communication and electric transmission towers, more than three stories or 50 feet in height.

[Added 5-25-2017 by L.L. No. 14-2017, effective 6-7-2017]

HISTORIC DISTRICT

An area containing buildings, structures or places which have a special character and ambiance based on historical value, notable architectural features representing one or more periods or styles of architecture of an era of history or the cultural and aesthetic heritage of the community and which area constitutes a distinct physical section of the Town of such significance as to warrant its conservation, preservation and protection from adverse influences.

HISTORIC DISTRICT TRANSITIONAL AREA

An area extending for a distance of 500 feet from and contiguous to the perimeter boundary of an historic district. The purpose of such transitional area shall be to control the effect of potentially adverse environmental, visual and developmental influences on an historic district.

HISTORIC LANDMARK

Any historic building, site, structure, object or district that represents an outstanding aspect of American history and culture and designated by the Town Board of the Town of Brookhaven.

HOME OCCUPATION

An accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use, and in connection therewith there is not involved the keeping of a stock-in-trade. The office of a physician, attorney, architect, accountant, dentist or other professional person, including an instructor in violin, piano or other individual musical instrument, limited to a single pupil at a time, who offers skilled services to clients and is not professionally engaged in the purchase or sale of economic goods, shall be deemed to be home occupations; and the occupations of dressmaker, milliner or seamstress, each with not more than one paid assistant, shall be deemed to be home occupations. Dance studios, musical instrument instruction in groups, tearooms, tourist homes, beauty parlors, convalescent homes, mortuary establishments and stores, trades or businesses of any kind not herein excepted shall not be deemed to be home occupations.

HORSE FARM

An establishment principally used for the showing, breeding, boarding, renting or training of horses.

HOSPITAL

A facility or institution possessing a Public Health Council certificate and engaged principally in providing services by or under the supervision of a physician for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including but not limited to a general hospital, treatment center, rehabilitation center other than a facility used solely for a vocational rehabilitation, tuberculosis hospital, chronic disease hospital, maternity hospital, lying-in asylum or outpatient lodge. Nothing herein shall be construed so as to prohibit the operation of union treatment centers, provided that they are located in the appropriate district and do not provide overnight accommodations. The private practice of medicine will be differentiated from a treatment center using the criteria set forth in § 600.8 of Title 10 of the New York Codes, Rules and Regulations, which section is incorporated herein by reference.

HOTEL

A building designed to provide individual sleeping accommodations for short-term transient occupants, without direct outside access, with or without restaurant facilities and a common entrance, common heating system or general dining room.

HOUSING GROUP

A HUD-certified not-for-profit housing corporation that provides technical assistance to private developers, municipalities and other not-for-profits that are providing affordable housing on Long Island.

[Added 6-9-2016 by L.L. No. 14-2016, effective 6-21-2016]

HOUSING TRUST FUND

A Town-run program that provides funding to eligible applicants to construct low-income housing, to rehabilitate vacant, distressed or underutilized residential property, or to convert vacant or underutilized nonresidential property to residential use for occupancy by low-income homeowners and tenants, and may also provide seed funding to eligible nonprofit applicants who need financial assistance in developing a full Housing Trust Fund project application.

[Added 6-9-2016 by L.L. No. 14-2016, effective 6-21-2016]

INCENTIVE ZONING

An increase in development intensity or density, or change of use permitted under the existing zoning district classification, which may be available upon the redemption of Pine Barrens development credits.

INDOOR RECREATION

A building or structure designed and equipped for the indoor conduct of sports and leisure-time activities within a building or structure, including indoor places of amusement, game rooms with snack bars, pro shops and facilities for social events.

INDOOR SMOKING ESTABLISHMENTS

Any facility or location whose business operation, whether as its principal or accessory use, includes the indoor smoking of tobacco in any form, electronic cigarettes, vapors, e-liquids, or other substances. Smoking is the inhalation of the smoke of burning tobacco encased in cigarettes, pipes, cigars, electronic cigarettes, and pipes commonly known as " hookah," waterpipe," " shisha," and " narghile" or any similar device.

[Added 5-12-2016 by L.L. No. 12-2016, effective 5-25-2016; 8-5-2021 by L.L. No. 15-2021, effective 8-17-2021]

INTENSITY OF DEVELOPMENT

An increase in the gross floor area or the uses permitted under the existing zoning district classification for nonresidential development of a given parcel, lot or assemblage.

JUNKYARD

The use of more than 300 square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that joins any street for the collecting, storage or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition or for the sale of parts thereof. "Junkyard," however, shall not be construed to mean a depot, as set forth in Chapter 66, Towing Businesses, of this Code, when vehicles are stored in said depot after being towed there by the owner or operator of said depot and are stored for not more than 30 consecutive days or until sold as junk, whichever shall occur sooner.

KENNEL

A commercial establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.

[Added 2-10-2017 by L.L. No. 5-2017, effective 2-23-2017]

KITCHEN

A space used for, or intended to be used for, the cooking or preparation of food and containing any of the following: a refrigerator of any size, a sink, or cooking device, including but not limited to a range, oven, microwave, toaster oven, hot plate, grill, or hot pot.

LAND DIVISION

A division of any parcel of land into two or more lots, plots or sites in which all building lots front on an existing improved street, not requiring the construction of any new streets or roads and not adversely affecting the development of the remainder of the parcel or adjoining property.

LARGE COMMERCIAL RETAILER

A retail use within a commercial center, which tenant space exceeds a gross floor area of 125,000 square feet; commonly known as a "Big Box" store primarily containing a single tenant within one enclosed structure and may be either freestanding or attached to additional stores.

LARGE COMMERCIAL RETAILER WITHIN THE ROUTE 25A HAMLET CENTER OVERLAY DISTRICT

A retail use within a commercial center located within the Route 25A Hamlet Center Overlay District or Route 25A Transition Overlay District, which tenant space is between 60,000 square feet and 75,000 square feet of gross floor area, primarily containing a single tenant within one enclosed structure and may be either freestanding or attached to additional stores.

LAUNDROMAT

A business premises equipped with individual clothes-washing or drying machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in a garden apartment or multiple dwelling.

LAUNDROMAT, MEGA

A laundromat is considered a super or mega laundromat if one or more of the following are met or exceeded:

A total of 50 double-load machines (washers and dryers combined).

Five thousand square feet of interior space.

LIVE PERFORMANCES - COMMUNITY THEATER

Generation of 30,000 gallons or more of wastewater per day.

A building or part of a building devoted to the showing of dramatic, musical, motion-picture or comedic live performances.

LOADING SPACE

An off-street area available for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

[Amended 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]

LODGE

The premises and buildings used by a private organization of voluntary members as a place of assembly catering exclusively to the members and their guests primarily for a patriotic, veterans, fraternal, benevolent, religious or political purpose in which eating, drinking, meeting or indoor recreational activities are conducted. The lodge shall not be used in whole or in part for the conduct of any business or enterprise for profit, but that shall not be construed as preventing the utilization of a lodge for benefits or performances for a recognized charitable, philanthropic or altruistic purpose.

LOT

A parcel of land occupied or capable of being occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter. Upland only shall be deemed land; neither land underwater, shore, strand nor beach shall be deemed land for the purposes of this chapter.

LOT, CORNER

A lot situated at the junction of and fronting on two or more streets.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINES

The lines bounding a lot as defined herein.

LOT, THROUGH

An interior lot having frontage on two streets.

LOW-RISE BUILDING

A building or structure, excluding half stories, no more than two stories or 35 feet in height.

[Added 5-25-2017 by L.L. No. 14-2017, effective 6-7-2017]

LUMBERYARD

An area or establishment used for the storage, distribution, and sale of finished or rough-cut lumber and lumber products, but not including the manufacture or fabrication of lumber, lumber products or firewood. Other building materials such as brick, tile, cement, insulation, roofing materials, and the like may also be sold at retail. The sale of items such as heating and plumbing supplies, electrical supplies, paint, glass, hardware, and wallpaper is permitted at retail and deemed to be customarily incidental to the sale of lumber and other building materials at retail.

[Added 2-10-2017 by L.L. No. 5-2017, effective 2-23-2017]

MANUFACTURING

Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.

[Added 2-10-2017 by L.L. No. 5-2017, effective 2-23-2017]

MARINA

A facility for the storing, servicing, fueling, berthing, and securing of private recreational pleasure-craft boats and that may include yacht clubs, fishing stations, accessory restaurants and accessory retail facilities.

[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014; amended 8-2-2018 by L.L. No. 15-2018, effective 8-13-2018]

MARINE MOTOR-FUEL-DISPENSING FACILITY

A facility where flammable or combustible liquids or gases used for watercraft are stored and dispensed from fixed equipment on shore, piers or wharves into fuel tanks of watercraft and shall include all other facilities used in conjunction therewith.

[Added 8-2-2018 by L.L. No. 15-2018, effective 8-13-2018]

MASSAGE ESTABLISHMENT

Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical or massage therapist, or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude spas, and health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.

MID-RISE BUILDING

A building or structure, except communication and electric transmission towers, excluding half stories, greater than two stories or 35 feet in height, and no more than three stories or 50 feet in height.

[Added 5-25-2017 by L.L. No. 14-2017, effective 6-7-2017]

MINIATURE GOLF COURSE

An informal version of golf played on a series of short, constructed obstacle courses.

[Added 4-7-2016 by L.L. No. 5-2016, effective 4-20-2016]

MINI-STORAGE FACILITIES (ALSO KNOWN AS "MINI-STORAGE WAREHOUSES" AND/OR "SELF-STORAGE FACILITIES")

A structure(s) partitioned into private storage spaces or areas of varying size, individually leased or rented for varying terms to the public at large.

MIXED-USE BUILDING

A building in which residential uses are permitted to exist simultaneously with legally permitted commercial uses.

MOBILE HOME

A one-story, single-family dwelling unit not less than 10 feet in width and 50 feet in length which:

Is designed to be transported, after fabrication, on its own wheels to a site upon which it is not permanently affixed to a foundation.

Is designed for year-round, long-term occupancy and contains sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical connections designed to be attached to outside systems.

MOTOR VEHICLE FUELING STATION

May contain parts that may be folded, collapsed or telescoped when being transported and expanded later to provide additional cubic capacity, as well as two or more separately transportable components designed to be joined into one integral unit capable of being again separated into the components for repeated transporting.

MOBILE HOME COMMUNITY

A parcel of land not less than 50 acres in area which is designed and improved for the placement of mobile homes for nontransient occupancy.

MOBILE HOME LOT

A designated site within a mobile home community to be rented for the exclusive use of the occupants of a single mobile home.

MOBILE HOME STAND

That part of an individual mobile home lot which has been reserved for the placement of the mobile home.

MOTEL or MOTOR LODGE

A one-story or two-story building or series of one- or two-story buildings containing separate units to be occupied as sleeping quarters for transient travelers, together with adequate sanitary facilities and parking facilities sufficient to accommodate one motor vehicle for each unit. There shall be no cooking facilities contained in any unit, and no cooking shall be permitted in any unit.

MOTOR VEHICLE DEALERSHIP

A building or a part of a building or a lot or a part of a lot used for the sale, rental, lease, display or storage of new and/or used vehicles, including, but not limited to, automobiles, vans, trucks, trailers, buses, campers, recreational vehicles, boats or any other vehicle required to be registered with the New York State Department of Motor Vehicles. Accessory uses may include but are not limited to motor vehicle repair and motor vehicle wash. This definition shall not be construed to include heavy construction vehicles and equipment as defined herein.

[Amended 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

The retail sale of motor vehicle fuels or the sale of or dispensing of motor vehicle fuel, including alternate fuels and fuel cell electric charging for delivery into the service tank of any motor vehicle.

[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

MOTOR VEHICLE RENTAL

A company which is engaged in the business of renting (without a driver) motor vehicles and which maintains a motor vehicle fleet of five or more passenger vehicles that are available for rental purposes, but does not include a motor vehicle repair shop.

[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

MOTOR VEHICLE REPAIR

The repair or servicing of automobiles, trucks, motorcycles, campers, trailers, recreational vehicles, recreational watercraft or any type of vehicle defined as a motor vehicle by New York State. Repair work shall include, but not be limited to, engine, transmission and other mechanical repair, tune-ups, body work, tire mounting and balancing, window tinting, detail work or similarly related work and accessory repair, including, but not limited to, radio, telephone and alarm installation.

MOTOR VEHICLE WASH FACILITY

Any facility wherein vehicles are cleaned by hand or mechanical means.

MOVIE THEATER, COMMUNITY

A building devoted to the showing of motion pictures on one or more screens within the building(s) on a paid-admission basis where the total number of seats or maximum permitted occupancy, as determined by the Town of Brookhaven, does not exceed 1,500.

MOVIE THEATER, REGIONAL

MULTIPLE-FAMILY RESIDENCES

Includes detached or semidetached dwelling units and other forms of multiple-family structures, whether rental, cooperative or condominium.

MUSEUM

A commercial establishment for preserving and exhibiting artistic, historical, scientific, natural, or man-made objects of interest. Such activity may include the sale of the objects collected and memorabilia, the sale of craft work and artwork, boutiques and the holding of meetings and social events.

NATURAL VEGETATION AND PLANT HABITAT CLEARING

The removal of any existing natural vegetation located on a lot, parcel or site, exclusive of vegetation associated with active agricultural or horticultural activity or formalized landscaped and/or turf areas.

NONCONFORMING STRUCTURE

Any structure that does not conform to the current zoning by reason of lot area, setbacks, side yards or rear yards.

NONCONFORMING USE

Any use of a building, structure, land or underwater land area lawfully existing at the time of the passage of this chapter, or any amendments thereto affecting such use, which does not conform to the regulations of the use district in which the building, structure, land or underwater land is situated.

NON-DEGREE-GRANTING INSTRUCTION/PROGRAMS

A facility featuring non-degree-granting education and training, including, but not limited to: instruction/programs, dance, gymnastics, self-defense, swimming, music lessons, tutoring and other educational instruction; and non-degree-granting instruction/programs associated with manufacturing or driver training.

[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016; 2-14-2019 by L.L. No. 4-2019, effective 2-25-2019]

NONMOTORIZED RECREATIONAL ACTIVITIES

Recreation activities which occur outdoors and do not utilize motorized vehicles or motorized equipment, wherein no principal buildings are constructed, no sand or materials are removed from site, no grading and no clearing, other than for required parking or accessory structures, may occur. Said uses shall not include those uses permitted in Town Code §§ 85-514 and 85-515.

NURSERY/GARDEN CENTER

Any building, structure, land or greenhouse used to raise and/or display flowers, shrubs, trees and/or plants for sale, and which may also include other merchandise associated with landscape and gardening and not including greater than 15% of non-plant items. A nursery/garden center shall not include bulk items (topsoil, sand, gravel, mulch, stone and similar) or equipment typically associated with landscape contracting, including but not limited to trucks.

[Added 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]

NURSING HOME

A building or buildings which provide full-time skilled nursing care and related medical services for aged, convalescent or chronic disease patients and which is or will be licensed and operated in conformity with the standards and regulations of the New York State Department of Health and the New York State Department of Social Welfare. No care shall be provided for persons who are mentally ill, acutely ill or who have a communicable disease, and no surgical or obstetric services shall be provided in such a home. The term "nursing home" shall be deemed to include a convalescent home, sanatorium, rest home or home for the aged, but shall not be deemed to include an extended-care facility operated incident to and in conjunction with a hospital approved by the Joint Commission on Accreditation.

OFFICE

A room or group of rooms used for conducting the affairs of a business, profession, service industry, or government.

OFF-TRACK BETTING (OTB) PARLOR

A commercial use at which persons can visit to wager upon and observe by remote television the outcomes of events that are taking place elsewhere.

[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

OUTDOOR DISPLAY

The temporary display and/or sale of any goods, products and/or merchandise, for retail sales to the general public, for personal or household consumption, situated adjacent to the main building or structure. These items may not be stored outside.

[Added 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]

OUTDOOR STORAGE

The location of goods, materials or equipment other than in an enclosed building or structure.

OUTDOOR STORAGE AS AN ACCESSORY USE

Such use as is incidental and subordinate to the principal building located on the same lot with such principal building. Outdoor storage as an accessory use is permitted only on the same lot upon which a valid permitted principal building exists and may not exceed 1/3 the size of the principal building.[3]

OUTSIDE SEATING

A porch, patio, deck or other area of land used for outdoor dining services which is not within the interior building walls of the restaurant, eatery or other facility with which the dining area is associated.

PARKING GARAGE, PRIVATE

An accessory building, or a part of a principal building, for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the parking of motor vehicles with no facilities for mechanical service or repair. Each level of a parking garage shall be included in determining the floor area ratio (FAR) of a parcel.

PARKING GARAGE, PUBLIC

A building or structure or a part of a building or structure used for the parking of automobiles, with no facilities for motor vehicle repair or service, operated as a business enterprise with a service charge being or fee being paid to the owner or operator for the parking of privately owned vehicles. Each level of a parking garage shall be included in determining the floor area ratio (FAR) of a parcel.

PARKING SPACE

An area available for the parking of one motor vehicle in a private or public automobile parking field or private or public parking garage and having direct access to a street or travel way. Loading space shall not be included in such area.

[Amended 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]

PEEP SHOWS

A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.

PERSON

Any individual, firm, trust, partnership, corporation or other legal entity.

PERSONAL SERVICE SHOPS

Establishments primarily engaged in providing services involving the care of a person or his or her personal goods, including, but not limited to, barbershops, beauty shops, salons, shoe repair, spas, tailors and tanning salons, excluding laundromats, mega laundromats and dry cleaners.

[Amended 7-16-2015 by L.L. No. 13-2015, effective 7-28-2015]

PERSONAL SERVICE SPA

A commercial establishment offering health and beauty treatment with therapeutic services through such means as steam baths, mineral baths, saunas, exercise equipment, or massage and may include hair and nail salon services.

[Added 4-7-2016 by L.L. No. 5-2016, effective 4-20-2016]

PHARMACY

A place where drugs and medicines are prepared and dispensed, such as prescription drugs; a business substantially devoted only to the sale of pharmaceutical items, health and wellness supplies, and equipment.

[Added 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]

PHYSICAL THERAPY

The treatment of disease, injury, or disability by physical methods such as massage, heat, regulated exercise, water, light, heat, or electricity treatments and may include patient education and training.

[Added 4-7-2016 by L.L. No. 5-2016, effective 4-20-2016]

PINE BARRENS CREDIT CERTIFICATE

A certificate issued by the Joint Planning and Policy Commission which establishes the number of Pine Barrens development credits attributable to a given lot, parcel or assemblage of lands located in the Core Preservation Area which verifies the severance of development rights from the subject premises as evidenced by a recorded written instrument, a conservation easement, and which renders said Pine Barrens development credits available for sale or transfer.

PINE BARRENS CREDIT PROGRAM

The allocation and subsequent transfer of Pine Barrens development credits derived from lands located within the Core Preservation Area for the purpose of redirecting development from the Core Preservation Area to eligible lots, parcels or assemblages located in receiving districts.

PLANNED DEVELOPMENT DISTRICT

A floating zone specifically designed and approved by the Town Board to allow the unified and coordinated development of a parcel(s) of land, including the transfer of density from the Core Area of the Central Pine Barrens, as well as from one portion(s) of the site to another portion(s), the granting of zoning incentives to achieve special public benefits, and other flexible design features, all intended to help achieve the implementation of the legislative intent, purposes and goals of this article as established by the Town Board.

POLE

A legally constructed pole, such as a utility, lighting, traffic or similar pole made of wood, concrete, metal or other material located or to be located within the public right-of-way. A pole does not include a tower or support structure and does not include a pole or structure that support electric transmissions lines.

[Added 12-19-2019 by L.L. No. 25-2019, effective 12-31-2019]

POOL HOUSE or CABANA

A customary accessory structure to a private swimming pool used generally for the dressing and restroom facilities of the private swimming pool users, and the storage of pool maintenance equipment and pool accessories.

[Added 6-24-2021 by L.L. No. 10-2021; effective 7-7-2021]

PREEXISTING TOWERS and PREEXISTING ANTENNAS

Any tower or antenna for which a building permit or special use permit or highway work permit has been properly issued prior to the effective date of this article or which was permitted pursuant to a lease or license granted by the Town Board, including permitted towers or antennas that have not yet been completed or constructed so long as such approval(s) is current and unexpired, or any tower which is existing and has a certificate of compliance.

PREMISES

Land with or without buildings or structures thereon.

PRINTING PLANT

A commercial printing operation involving a process that is considered printing, imprinting, reproducing or duplicating images and using printing methods including, but not limited to, off-set printing, lithography, web offset, flexographic, and screen process printing.

[Added 2-10-2017 by L.L. No. 5-2017, effective 2-23-2017]

PRIVATE OR PUBLIC AUTOMOBILE PARKING FIELD

An off-street, ground-level open area, under or outside of a building or structure, designed and used for the temporary storage of motor vehicles, including parking lots.

[Added 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]

PUBLIC MEETING

All open meetings as defined by the New York Open Meetings Law.[4]

PUBLIC RIGHT-OF-WAY

The area on, below, or above property that has been designated for use as or is used for a public roadway, highway, street, sidewalk, alley or similar purpose, and for purposes of this chapter shall include public utility easements, but only to the extent the Town has the authority to permit use of the area for this purpose. The term does not include a federal interstate highway or other areas that are not within the legal jurisdiction, ownership or control of the Town.

[Added 12-19-2019 by L.L. No. 25-2019, effective 12-31-2019]

PUBLIC SPACE

The totality of areas used freely on a day-to-day basis by the general public, that help promote social interaction and a sense of community; reflect the community's local character and personality; foster social interaction and create a sense of community and neighborliness; provide a sense of comfort or safety to people gathering and using the space; and encourage use and interaction among a diverse cross-section of the public. Examples include, but are not limited to, the following: plazas, town squares, monuments or monument signs, active and passive parks, band shells, marketplaces, public commons and malls, public greens, and fishing and recreational piers.

RECEIVING DISTRICT

An eligible zoning district within the Town which is located outside of the Core Preservation Area where Pine Barrens development credits may be redeemed for an increase in intensity or density of development.

REDEMPTION OF PINE BARRENS CREDITS

The application or utilization of a Pine Barrens credit for a particular development project.[5]

RESEARCH AND DEVELOPMENT FACILITY

An establishment in which research, development, or controlled production of high-technology electronic, industrial, or scientific products or commodities for sale or laboratories conducting educational or medical research or testing is conducted. This term includes, but is not limited to, biotechnology or manufacturing of nontoxic computer components.

[Added 2-10-2017 by L.L. No. 5-2017, effective 2-23-2017]

RESIDENTIAL OVERLAY DISTRICT

All lots, parcels or assemblages of lands located in the A Residential 1 Zoning District and A Residential 2 Zoning District and outside of the Core Preservation Area, subject to the criteria set forth in this article.[6]

RESIDENTIAL STREET

That part of every public street which abuts on or passes through a residential-zoned district.

[Added 10-28-2014 by L.L. No. 23-2014, effective 11-4-2014]

RESIDENTIAL WATCHMAN'S QUARTERS

An accessory residential unit located on the same premises as the principal use, within a principal nonresidential building or structure, or a detached residential dwelling, for occupancy by the owner or operator, or an employee of the use acting as caretaker, custodian, maintenance, or security personnel, together with his or her immediate family, if applicable.

[Added 4-7-2016 by L.L. No. 5-2016, effective 4-20-2016; amended 8-2-2018 by L.L. No. 15-2018, effective 8-13-2018]

RESIDUAL USES

The uses permitted on privately held parcels, lots or assemblages of land(s) located in the Core Preservation Area identified in a recorded conservation easement.

RESTAURANT

Any establishment where the principal business is the commercial sale of prepared food, frozen desserts or beverages, to patrons for immediate consumption, with a total gross floor area of between 2,001 square feet and 4,999 square feet, or between 33 seats and 199 seats, and without drive-through service.

[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016; 5-23-2019 by L.L. No. 11-2019, effective 6-3-2019]

RESTAURANT, MAJOR

Any establishment where the principal business is the commercial sale of prepared foods, frozen desserts, or beverages, to patrons for immediate consumption, with a total gross floor area of 5,000 square feet or greater, or with 200 seats or greater, or with drive-through service.

RESTAURANT, TAKE OUT

Any establishment where the principal business is the commercial sale of prepared foods, frozen desserts or beverages, to patrons for immediate consumption, with a total gross floor area of 2,000 square feet or less, or not more than 32 seats, and without drive-through service.

[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016; 5-23-2019 by L.L. No. 11-2019, effective 6-3-2019]

RETAIL SALES

The selling of goods, wares, and/or merchandise directly to the ultimate consumer and/or persons without a resale license.

[Added 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]

RETAIL SALES ESTABLISHMENT

A commercial enterprise that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.

[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]

RETIREMENT OF PINE BARRENS CREDITS

The extinguishment of a Pine Barrens credit without application of said credit to a particular development project.

ROAD FRONTAGE (COMMERCIAL AND INDUSTRIAL LOT FRONTAGE)

The horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot that abut a street shall be considered frontage. On a curvilinear street, the arc between the side lot lines shall be considered the lot frontage.

ROOMING HOUSE

A building, other than a motel or hotel, where lodging is provided for compensation.

SENIOR CITIZEN HOUSING UNIT

A residential dwelling unit limited to persons who are 55 years of age or over, with the following exceptions:

[Amended 1-30-2020 by L.L. No. 1-2020; effective 2-10-2020]

A couple, in which one of the individuals is under the age of 55, but who resides together with the other individual who is 55 years of age or older.

Children and grandchildren residing with their parents or grandparents where one of said parents or grandparents with whom the child or children or grandchild or grandchildren is/are residing is 55 years of age or older, provided that said child or children or grandchild or grandchildren are over the age of 19 years.

SINGLY AND SEPARATELY OWNED LOT

Adults under 55 years of age may be admitted as permanent residents if it is established to the satisfaction of the Town Board that the presence of such person is essential for the physical care and economic support of eligible older persons.

SERVICE BUILDING

A permanent structure built to conform to Town construction standards, housing management offices or recreational, maintenance, storage or laundry facilities.

SHARED PARKING

Parking that is utilized by two or more different uses or properties that generate different peak period parking demand.

SHOP

An enclosed building housing an establishment offering a specified line of goods or services for retail sale direct to walk-in customers.

SIGN

Every kind of billboard, signboard and other shape or device or display arranged, intended, designed or used to advertise, announce, direct or otherwise inform, including any text, symbol, marks, letters or figures painted on or incorporated in the composition of the exterior surface of a building or structure, but not including any flag, pennant or insignia of any nation, state or municipal corporation.

Any lot owned individually and separately and separate from any adjoining tracts of land on or before its inclusion within any zoning district and owned individually and separately and separated from any adjoining tracts of land continuously thereafter.

SMALL CELL ANTENNA

Low-powered radio access nodes, including those that operate in licensed spectrum and unlicensed carrier-grade WiFi. Small cell technology includes but is not limited to femtocells, picocells, microcells, metrocells and distributed antenna systems, which provide a network densification solution that offloads traffic from the macro network to add capacity.

[Added 12-19-2019 by L.L. No. 25-2019, effective 12-31-2019]

SMALL WIRELESS FACILITIES

Facilities that meet each of the following conditions:

[Added 12-19-2019 by L.L. No. 25-2019, effective 12-31-2019]

The facilities:

Are mounted on structures 50 feet or less in height, including their small cell antennas; or

Are mounted on structures no more than 10% taller than other adjacent structures; or

(c)

Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;

Each small cell antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

SOLAR ENERGY PRODUCTION FACILITY (SOLAR FARM)

All other wireless equipment associated with the structure, including the wireless equipment associated with the small cell antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume.

SOLAR COLLECTION SYSTEM

A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage, and distribution of solar energy for electricity generation or transfer of stored heat. Solar carports and roof-mounted solar panels shall be deemed to be solar collection systems.

[Amended 10-27-2016 by L.L. No. 23-2016, effective 11-7-2016]

An area of land or other area used for a solar collection system principally used to capture solar energy and convert it to electrical energy to transfer to the public electric grid in order to sell electricity to a public utility entity. Solar energy production facilities consist of one or more freestanding ground or roof-mounted solar collector devices, solar-related equipment and other accessory structures and buildings, including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

STANDALONE FARM STAND

Any structure, not on the same property as a farm, used for the purpose of retail sale of produce, plant stock or products cooked, pressed or dried from produce grown on farming operations. A truck or trailer on wheels, with areas in excess of 20 square feet and not exceeding 1,000 square feet, displaying locally grown produce shall be considered a standalone farm stand. A standalone farm stand shall not sell manufactured products or products not locally grown.

STANDARDS

Mandatory parameters and requirements applicable to development within the Compatible Growth Area as established in this article.[7]

STONE AND MASON SUPPLY

Any structure or land used for the display and/or sale of natural stone, cultured stone, pavers, bricks, retaining walls and which may also include other mason supplies, construction, landscape and building materials associated with landscaping and building construction.

[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

STORY

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 the ceiling next above it.

STORY, HALF

A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the finished floor of such story.

STREET

A public way which affords the principal means of access to abutting properties. Boardwalks on the Great South Beach shall be deemed to be streets for the purpose of this chapter. Neither tidal nor nontidal waters nor the shores, strands or beaches along the same shall be deemed streets for the purpose of this chapter.

STRUCTURE

An assembly of materials forming a construction of component structural parts for occupancy or use, including buildings, but not including fences which are six feet or less in height. The term "structure" shall be construed as though followed by the words "or part thereof."

TASTING ROOM

A tasting room may be permitted as an accessory use to a farm brewery, cidery, distillery, or winery, which may be open to the general public and used for the retail marketing of fermented or distilled beverages. Tasting rooms shall be clearly incidental and accessory to the production facility. Marketing activities may include an accessory gift shop that may sell items such as corkscrews, glasses, decanters, shirts, etc., that are incidental and related to the production facility.

[Added 2-4-2016 by L.L. No. 1-2016, effective 2-18-2016]

TAXI AND LIMOUSINE STATION

A company which is engaged in the business of transporting fewer than 20 passengers (with a driver) and which maintains a motor vehicle fleet of two or more passenger vehicles, but does not include a motor vehicle repair shop.

[Added 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]

TOURIST CAMP

Any plot on which is located or which is offered to the public for the location of one or more tents, cabins, tent-houses, camp cottages, tourist units, house-cars or trailers designed or equipped to be used for living, sleeping or eating.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, Long Island Power Authority (LIPA) transmission poles and similar structures, but not including telephone poles and streetlight poles. The term includes the structure and any support thereto.

TRAILER or HOUSE-CAR

Any vehicle designed or equipped to be used for living, sleeping or eating and designed to move from place to place on wheels, propelled by its own power or otherwise drawn or propelled.

TRANSFER OF DEVELOPMENT RIGHTS

The severance of existing development rights from a parcel, lot or assemblage of land(s) as evidenced by a written instrument (conservation easement) in recordable form and/or duly recorded.

TRANSFER STATION

A combination of structures, machinery and/or devices at a place or facility where construction or demolition debris consisting of concrete, asphalt, rubble, wood, metal, sheetrock or plaster board is taken from collection vehicles, sorted in such a manner as to recover recyclable materials and from which unusable by-product is placed in other transportation units for movement to a solid waste management facility.

[Added 2-10-2017 by L.L. No. 5-2017, effective 2-23-2017]

TRANSPORTATION TERMINAL/FACILITY

Premises and building(s) for the storage or parking of registered motor vehicles or other modes of transportation, where passengers may or may not load and unload.

TRUCKING TERMINAL

Premises and building(s) where trucks load and unload cargo, which may or may not be broken down into smaller, or aggregated into larger loads for transfer to other motor vehicles or modes of transportation. Warehouses, incidental to the principal use, may also be part of a trucking terminal.

UNDERTAKING ESTABLISHMENT/MORTUARY

An establishment providing services such as preparing the human dead for burial and arranging and managing funerals. The facility may include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings or display of funeral equipment.

USE

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" or its equivalent shall not be deemed to include any nonconforming use.

VETERINARY HOSPITAL

Any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal diseases wherein the animals are limited to dogs, cats, or other comparable household pets and wherein the overnight care of said animals is prohibited except when necessary in the medical treatment of said animals.

VISITOR CENTER

A building or structure that provides local information and tourist information to visitors.

[Added 8-2-2018 by L.L. No. 15-2018, effective 8-13-2018]

WAREHOUSE

A building used primarily for the storage of goods and materials, with limited trucking activity, and may include an office.

[Added 2-10-2017 by L.L. No. 5-2017, effective 2-23-2017]

WECS HEIGHT, TOTAL

When referring to a wind energy conversion system, the distance measured from the grade level at the center of the foundation to the highest point on the structure (including the blades), even if said highest point is a lightning protection device or any other allowable apparatus attached to the wind energy conversion system.

WECS, HORIZONTAL AXIS

A wind turbine where the main rotor shaft is set horizontally and the main components, such as gearboxes and generators, are located at the top of the tower.

WECS, SETBACK ZONE

The area, defined as the furthest distance from the tower base, in which a tower will collapse in the event of a structural failure.

WECS TOWER, GUYED

A freestanding wind energy conversion system support structure consisting of a single pole supported by tensioned cables (guy wires) anchored to the ground.

WECS TOWER, LATTICE

A freestanding framework tower, typically consisting of cross-bracing of structural steel connected into a framework.

WECS TOWER, MONOPOLE

A freestanding wind energy conversion system support structure consisting of a single pole, without guy wires or ground anchors.

WECS, VERTICAL AXIS

A wind turbine where the main rotor shaft is set vertically and the main components such as gearboxes and generators are located at the base of the turbine.

WIND ENERGY CONVERSION SYSTEM (WECS)

An accessory structure designed and constructed or erected for the purpose of converting wind energy into electrical power.

WORKFORCE HOMEOWNERSHIP HOUSING

Housing for individuals and families whose household incomes are between 80% and 120% of the area median income based on family size for Nassau-Suffolk Counties as determined annually by the Federal Department of Housing and Urban Development ("HUD").

[Added 6-9-2016 by L.L. No. 14-2016, effective 6-21-2016]

WORKFORCE RENTAL HOUSING

Housing for individuals and families whose household incomes are between 50% and 80% of the area median income based on family size for Nassau-Suffolk Counties as annually determined by the Federal Department of Housing and Urban Development ("HUD").

[Added 6-9-2016 by L.L. No. 14-2016, effective 6-21-2016]

YARD

An open space on the same lot with a building or structure, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

YARD, FRONT

An open, unoccupied space on the same lot with a building or structure, extending the full width of the lot and situated between the street line and the front line of the building or structure projected to the side lines of the lot The depth of the front yard shall be measured between the front line of the building or structure and the street line.

YARD, PRIMARY FRONT

For principal structures located on corner lots, that portion of said corner lot which has frontage upon the street which the main entrance of the building faces, as shown by plans or physical layout, shall be deemed the primary front yard.

[Added 10-3-2019 by L.L. No. 22-2019, effective 10-16-2019]

YARD, REAR

An open, unoccupied space on the same lot with a building or structure, extending the full width of the lot and situated between the rear line of the lot and the rear line of the main building or structure projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the main building or structure. In the case of corner and through lots, as defined in this chapter, the rear lot line shall be opposite the primary front lot line.

[Amended 10-3-2019 by L.L. No. 22-2019, effective 10-16-2019]

YARD, SECONDARY FRONT

For principal structures located on corner lots, that portion of a corner lot which has frontage upon the street which the main entrance of the building does not face, as shown by plans or physical layout, shall be deemed the secondary front yard.

[Added 10-3-2019 by L.L. No. 22-2019, effective 10-16-2019]

YARD, SIDE

An open, unoccupied space on the same lot with a building or structure, extending from the rear line of the front yard to the front line of the rear yard and situated between the side line of the main building or structure and the adjacent side line of the lot. In the case of corner lots, as defined in this chapter, lot lines opposite a secondary front lot line shall be deemed a side yard and shall have a minimum width equal to the minimum side yard requirements of the zoning district in which located.

[Amended 10-3-2019 by L.L. No. 22-2019, effective 10-16-2019]

[1]

Editor's Note: See Ch. 30, Fire Prevention.

[2]

Editor's Note: "This article" apparently refers to the Central Pine Barrens provisions found in §§ 85-718 through 85-726 of this chapter.

[3]

The definition of "outside retail display," which immediately followed this definition, was repealed 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016.

[4]

Editor's Note: See Public Officers Law Article 7, § 100 et seq.

[5]

Editor’s Note: The former definitions of "redevelopment" and "redevelopment project," which immediately followed this definition, were repealed 12-17-2020 by L.L. No. 15-2020, effective 12-28-2020.

[6]

Editor's Note: "This article" apparently refers to the Central Pine Barrens provisions found in §§ 85-718 through 85-726 of this chapter.

[7]

Editor's Note: "This article" apparently refers to the Central Pine Barrens provisions found in §§ 85-718 through 85-726 of this chapter.

§ 85-2 Interpretation.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience and general welfare. Whenever the provisions of this chapter impose or prescribe any greater requirements or higher standards on premises, buildings or structures or on the use thereof than are imposed or prescribed by any other laws, local laws, rules or regulations, grants or permits or by easements, covenants or agreements, the provisions of this chapter shall govern.

Whenever the provisions of this chapter impose or prescribe any greater requirement or higher standards on premises, buildings or structures or on the use thereof by reason of such premises, building or structure or use abutting a residence district, the greater requirements or higher standards shall also govern when the premises, building or structure or use thereof either abuts lands owned and maintained by the Long Island State Park Commission as a state park or parkway or abuts lands which are within the boundaries of a residence use district of another municipality.

Singly and separately owned lots.

Whenever a single lot which has been excepted from the area, width and yard requirements of a particular district by reason of such lot being in single and separate ownership on a certain date is joined by common ownership to an abutting lot, the greater area, width and yard requirements for the particular district shall apply to the increased size lot.