Within the residence districts, a building, structure, lot or lands shall only be utilized in conformance with the provisions of §
85-177, Table of Dimensional Regulations. In addition, such use shall also comply with all other applicable provisions of this chapter. The table comprising §
85-177 is hereby declared to be a part of this chapter.
Within all residential districts, any permitted principal structure
or building and driveway shall not exceed the maximum size as set
forth herein. Any proposed structure or driveway in excess of the
maximum size shall be required to obtain an area variance from the
Board of Zoning Appeals.
A. Maximum permitted principal structure or building sizes within residential
zones are hereby established as follows:
|
District
|
Maximum Size
(square feet)
|
---|
|
A Residence
|
11,250
|
|
A-1 Residence
|
15,000
|
|
A-2 Residence
|
30,000
|
|
A-5 Residence
|
30,000
|
|
A-10 Residence
|
30,000
|
|
B Residence
|
7,500
|
|
B-1 Residence
|
11,200
|
|
C Residence
|
7,875
|
|
D Residence
|
11,250
|
B. Within all above-referenced residential districts, the maximum amount
of front yard area consisting of asphalt, gravel, stone, or dirt or
other nonvegetative material to be used primarily for the parking
of vehicles or as a driveway shall not exceed 35% of the area of the
primary front yard of any residential lot or shall not be greater
than 24 feet in width, whichever is less restrictive.
(1) Repairs or replacements of driveways in existence prior to the enactment
of this section shall not be deemed a violation of this chapter.
(2) Exception. The calculation of front yard area for interior lots known
as "flag lots" shall exclude the area encompassed by or attributable
to the portion of said lot which is 20 feet or less in width.
C. Notwithstanding the above, any provision set forth in the Table of
Dimensional Regulations which yields a smaller principal structure/building
shall be controlling and prevail.
D. Religious institutions are exempt from the limitations contained
within this section.
Where two-family dwellings are allowed, no dwelling shall be hereafter erected or altered for two-family dwelling use unless provision shall be made therein for not less than 2,000 square feet for the minimum ground-floor area, exclusive of garages, carports, open porches and open breezeways; provided, however, that a maximum of 1,000 square feet of the floor area of the second story may be used and applied to the area requirement of the first floor. To qualify as floor area for the purpose of this section, the requirements set forth in §
85-184 shall apply.
Where multiple dwellings are allowed, no dwelling shall be hereafter erected or altered for multiple-dwelling use unless provision shall be made therein for not less than 400 square feet of habitable floor area for each family unit; provided, however, that in the MF-1 Residence District, the minimum habitable floor area for each family unit shall be 600 square feet. To qualify as floor area for the purpose of this section, the requirements set forth in §
85-184 shall apply.
The Town Board finds that development along primary highways
within the Town of Brookhaven has, in many cases, proceeded in an
unsatisfactory manner, often resulting in incompatible land use relationships,
congestion, unaesthetic strip development and undesirable conditions
for single-family residences. Therefore, it is the purpose of this
zoning district to permit the coexistence of two-family residences
and compatible business development. Properties which are of sufficient
size and which are so situated that they can be realistically used
for single-family residential purposes should be so used. In this
regard, cluster residential development shall be encouraged. Where
commercial development cannot be sited properly, limited, carefully
regulated two-family residential development should be permitted.
A. In a D Residence District, no building, structure or premises shall
be used or occupied and no building or part thereof or other structure
shall be erected or altered, unless otherwise provided in this chapter,
except for one or more of the following uses:
(1) Permitted principal uses:
(a)
All principal uses permitted and as regulated in the B Residence
District.
(b)
Owner-occupied two-family dwellings.
(2) Permitted accessory uses, located on the same lot with the permitted
principal use:
(a)
All accessory uses permitted and as regulated in the B Residence
District:
B. Height. In the D Residence District, no building or structure shall
be erected or altered to a height in excess of 35 feet or 2 1/2
stories.
C. Building area. In the D Residence District, the total building area
shall not exceed 30% of the total lot area.
D. Lot area. In the D Residence District, no building shall be erected
or altered on a lot of an area less than 15,000 square feet or upon
a lot having a frontage of less than 150 feet at a point 40 feet back
of the street line.
E. Front yard. In the D Residence District, there shall be a front yard
having a depth of not less than 40 feet, unless 40% or more of the
frontage on that side of the street between two intersecting streets
is improved with buildings, a majority of which have observed an average
front yard line having a variation in depth of not more than six feet,
in which case no building shall project beyond the average front yard
so established. However, this regulation shall not be interpreted
to require a front yard depth of more than 50 feet.
F. Side yards. In the D Residence District, there shall be two side
yards, one on each side of the building, the total width of both to
be 30 feet, and no one side yard shall be less than 12 feet wide.
G. Rear yard. In the D Residence District, there shall be a rear yard
having a minimum depth of 30 feet.
H. Accessory buildings and structures. In the D Residence District,
accessory buildings and structures may occupy 25% of the required
rear yard and shall not exceed 18 feet in height; provided, however,
that no building or structure shall be built less than 10 feet from
any side or rear lot line nor less than 50 feet from any street line.
I. Additional requirements.
(1) Landscaped buffer area. A landscaped buffer area not less than 20
feet in width shall be required along the lot frontage. Said landscaped
buffer strip shall consist of grass, trees, shrubs and/or fencing
as required by the Planning Board.
(2) Parking. No parking in the required front yard. A minimum of two
parking spaces per residential dwelling unit shall be provided.
(3) Curb cuts. Only one curb cut per 150 feet of frontage or fraction
thereof shall be permitted. The Planning Board shall have the authority
to require joint use of parking and vehicle access connections between
properties.
(4) Cluster development. In the D Residence District, or in development
of commercial property for D Residential permitted uses, the Planning
Board is authorized to require cluster development and is further
authorized and empowered to approve cluster development and vary building
setbacks as part of its site plan review powers. The Planning Board
is also authorized, as part of its site plan review process, to establish
minimum and/or maximum dwelling unit sizes and to review architectural
features.
(5) Site plan. With the exception of permitted one-family detached dwellings
and permitted agricultural uses, a site plan review and approval shall
be required.