[Amended 8-2-2018 by L.L.
No. 15-2018, effective 8-13-2018]
The Town of Brookhaven, outside of the incorporated villages,
is hereby divided into the following use districts, which shall be
classified and listed from most restrictive to least restrictive:
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Wetland Overlay
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A Residence 10
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A Residence 5
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A Residence 2
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A Residence 1
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A Residence
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B Residence 1
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B Residence
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C Residence
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D Residence
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Horse Farm Residence
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K Business
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Ocean Front Dune (Fire Island)
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Residential District (Fire Island)
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Commercial District (Fire Island)
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J Business
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MF Residence District (Multifamily)
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J Business 4
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Planned Retirement Community Residence
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Planned Retirement Congregate Housing Community Residence
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NH-H Health Facility
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Mobile Home Community Residence
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L Industrial 1
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Pet Cemetery
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Commercial Recreation
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J Business 2
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J Business 6
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J Business 8
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Marine Commercial
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L Industrial 4
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J Business 5
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L Industrial 2
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Planned Development District
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The boundaries of said districts are hereby established as shown
upon the 200 scale Building Zone Map, which map, with all explanatory
matter thereon, shall be deemed to accompany, be and is hereby made
a part of this chapter.
A.
With respect to the boundaries of any of the aforesaid districts
as shown on the Building Zone Map accompanying and made a part of
this chapter, the following rules shall apply:
(1)
Where boundaries approximately follow streets. Where district boundaries
are indicated as approximately following the center line or street
line of streets, such lines shall be construed to be such district
boundaries.
(2)
Where boundaries parallel street lines. Where district boundaries
are so indicated that they are approximately parallel to the center
lines or street lines of streets, such district boundaries shall be
construed as being parallel thereto and at such distances therefrom
as indicated on the Building Zone Map. If no distance is given, such
dimension shall be determined by the use of the scale shown on said
Building Zone Map.
(3)
Where boundaries follow lot lines. Where district boundaries are
indicated as approximately following lot lines, such lot lines shall
be construed to be said boundaries.
(4)
Where the boundary follows a railroad line. Where the boundary of
a district follows a railroad line, such boundary shall be deemed
to be located adjacent to said boundary.
(5)
Vacation of public ways. Whenever any street or other public way
is vacated in the manner authorized by law, the district adjoining
each side of such street or public way shall be automatically extended
to the center of such vacation, and all area included in the vacation
shall then and henceforth be subject to all regulations of the extended
districts.
(6)
Where the zoning classification has been imposed by petition, or
by the Town Board upon its own motion, the description contained in
the petition shall indicate the boundaries of the district.
(7)
Where property is located in more than one zone, it must meet the
most restrictive zoning classification affecting the parcel unless
more than 75% of the parcel is located within the less restrictive
district. In such instances, all development must be situated within
the less restrictive district, including access thereto, and all other
zoning requirements of the less restrictive district must be met.
In such instances, the more restrictive zone shall not be utilized
for yield.
B.
All lands under water within the Town of Brookhaven, outside of the
incorporated villages, which are not shown on the Building Zoning
Map as specifically included within a district shall be classed as
lying and being within the boundaries of the A Residence 1 District.
C.
In every case where property has not been specifically included within
a district, the same shall be classed as lying and being within the
boundaries of the A Residence 1 District.
Except as otherwise provided in this chapter:
A.
Conformity of buildings and land. No building, structure or premises
shall be used or occupied and no building or part thereof or other
structure shall be erected, moved, placed, enlarged or altered except
in conformity with the regulations herein specified for the district
in which it is located.
B.
Conformity of buildings. No building, structure or premises shall
be erected, altered or used so as to produce greater heights, smaller
yards or less unoccupied area, and no building shall be occupied by
more families than prescribed for such building, structure or premises
for the district in which it is located.
C.
Conformity of open spaces. No yard, court or open space or part thereof
shall be included as a part of the yard, court or open space similarly
required for any other building, structure or premises under this
chapter.
D.
Where 40% of one side of a street between two intersecting streets
is improved with permitted buildings, the average front yard depth
established shall be maintained, provided that it shall not be required
to exceed 75 feet in an A Residence District, A Residence 1 District
and A Residence 2 District; 60 feet in a B Residence District, B Residence
1 District and K Business District; 50 feet in a C Residence District
and D Residence District, 35 feet in a J Business 1 District, J Business
2 District and L Industrial District.
A.
Lots in business or industrial districts adjacent to a residential
district. Where a lot in a business or industrial district abuts a
lot in a residential district, there shall be provided along such
abutting lines a yard equal in width or depth to that required in
the residential district. In addition, in order to screen and protect
nearby residential uses, the Planning Board of the Town of Brookhaven
may require the construction and maintenance of a planting strip of
evergreens or other plants or the construction and maintenance of
a substantial sightly fence not less than four feet high in such location
as the Planning Board directs.
B.
Front yard transition. Where the frontage on one side of a street
between two intersecting streets is zoned partly as residential and
partly as business or industrial, the front yard depth in the business
or industrial district shall be equal to the required front yard depth
of the residential district for a distance of 50 feet into the business
or industrial district.
C.
Garage entrances. No public or private garage for more than five
motor vehicles shall have a driveway or passageway for motor vehicles
within 25 feet of a residential district.
D.
Parking areas and driveways abutting a residence district. Whenever
an off-street parking area or a driveway to an off-street parking
area is hereafter established in other than a residence district so
as to abut the side or rear line of a lot in a residence district,
a solid evergreen planting strip or a substantial sightly stockade-type
fence not less than four feet high and not more than six feet high
shall be constructed and maintained along said side or rear lot line
up to but not beyond the setback building line; provided, however,
that where any use or district regulation requires a greater requirement,
the greater requirement shall govern. In all districts, the lighting,
including any permitted illuminated sign, on any off-street parking
area or driveway shall be arranged so that there will be no annoying
glare directed or reflected toward residence buildings or residence
districts.
