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.[1] 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.
[1]
Editor's Note: The Table of Dimensional Regulations is included as an attachment to 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.
[The Table of Dimensional Regulations for Residential Districts is included as an attachment to this chapter.]
A.
In all use districts, except in Use Districts PRC Residence, MHC Residence, RD Residential and CD Commercial (Great South Beach), no such dwelling shall hereafter be erected or altered for one-family use, unless provision shall be made therein for not less than 1,000 square feet for the minimum floor area for a single-family dwelling, exclusive of attached garages, carports, open porches and open breezeways. In Use Districts RD Residential and CD Commercial (Great South Beach), no dwelling shall hereafter be erected or altered for one-family dwelling use, unless provision shall be made therein for not less than 720 square feet for the minimum ground floor area for a single-family dwelling, exclusive of attached garages, carports, open porches and open breezeways. For one-family dwellings to be constructed on lots less than 50 feet in width pursuant to § 85-883 of the Code of the Town of Brookhaven, the minimum habitable area shall be 700 square feet, and for one-family dwellings to be constructed on lots less than 60 feet but equal to or greater than 50 feet in width pursuant to § 85-883 of the Code of the Town of Brookhaven, the minimum habitable area shall be 700 square feet, and for one-family dwellings to be constructed on lots less than 60 feet but equal to or greater than 50 feet in width pursuant to § 85-883 of the Code of the Town of Brookhaven, the minimum habitable area shall be 850 square feet, all exclusive of attached garages, carports, open porches and open breezeways.
B.
The computation of floor area shall be as follows except for lots
less than 60 feet in lot width:
(1)
One-story residence, with all rooms on one level: a minimum of 1,000
square feet.
(2)
One-story residence with expansion attic: A maximum of 200 square
feet of the floor area of the second story may be used and applied
to the floor area requirements of the dwelling unit. To qualify as
floor area, the second floor shall have:
(3)
Two-story residence, where both floors have a minimum ceiling height
of 7 1/2 feet: A maximum of 300 feet of the floor area of the
lower level may be used and applied to the floor area requirements
of the dwelling unit. To qualify as floor area, the lower level shall:
(a)
Have more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building.
(b)
Be completely enclosed by ceilings and sidewalls which have
been properly finished with approved construction materials.
(c)
Have a floor finished with approved construction materials,
excluding paint.
(4)
Raised ranch, where both floors have a minimum ceiling height of
7 1/2 feet: A maximum of 300 feet of the floor area of the lower
level may be used and applied to the floor area requirements of the
dwelling unit. To qualify as floor area, the lower level shall:
(a)
Have more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building.
(b)
Be completely enclosed by ceilings and sidewalls which have
been properly finished with approved construction materials.
(c)
Have a floor finished with approved construction materials,
excluding, however, paint.
(5)
Split-level, where the two height levels are completely above finished grade, with minimum ceilings of 7 1/2 feet: A maximum of 250 feet of the floor area of the lowest level may be used and applied to the floor requirements of the dwelling unit. To qualify as floor area, the lowest level shall meet the same standards as those applied to raised ranch homes as noted in Subsection B(4) above.
C.
This section shall not apply to or in any way affect the minimum
habitable area of dwellings erected upon lots shown on a final subdivision
plat which has been approved by the Planning Board of the Town of
Brookhaven subsequent to the first day of July 1962 and prior to the
22nd day of September 1962, provided that the required performance
bonds and fees have been filed with and paid to the Planning Board
prior to the 22nd day of September 1962.
D.
The provisions of the former Building Zone Ordinance of the Town
of Brookhaven, in effect prior to January 1, 1988, shall be applicable
to dwellings erected upon such lots.
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.
A.
Principal uses are as follows:
[Amended 5-21-2015 by L.L. No. 7-2015, effective 6-2-2015; 5-13-2021 by L.L. No.
8-2021, effective 5-27-2021]
(1)
One-family dwellings, except that mobile homes shall not be a permitted
principal use.
(2)
Churches or similar places of worship and parish houses.
(3)
Convents and monasteries.
(4)
Open farming; provided, however, that no storage of manure, compost,
mulch or odor- or dust-producing substances shall be permitted within
150 feet of any street line. The sale at retail or wholesale of farm,
garden or nursery products produced on the premises shall be permitted;
however, nothing herein shall permit the screening and sale to others
of compost or mulch materials.
(5)
Public and parochial schools and private schools having a curriculum
similar to that ordinarily given in public schools, but not including
day-care facilities.
B.
Accessory uses, when located on the same lot with a permitted principal
use, are as follows:
[Amended 10-3-2019 by L.L. No. 22-2019, effective 10-16-2019; 5-13-2021 by L.L. No.
8-2021, effective 5-27-2021]
(1)
Private garages.
(2)
Offices of a physician, lawyer, architect, teacher or similar professional
person residing on the premises and when such use is incidental to
such residence; provided, however, that such use shall be within the
main building and occupying not more than 1/3 of the first-floor area.
(3)
Customary home occupations only when conducted by the person residing
on the premises.
(4)
Fences. No fence may be erected having a height greater than four
feet from the ground, except as follows:
(a)
Where a residence has been erected, a six-foot fence may be
erected in the rear yard, provided that, if it is on an interior lot,
said six-foot fence may be erected in the rear yard to extend along
the rear lot line and along the side lot lines to a point not forward
of the front foundation line of the residence, and thence from said
lot lines to the front point of said foundation; on a corner lot,
a six-foot fence may be erected in the rear yard to extend along the
rear lot line and along the secondary front lot lines, except that
no such fence shall project into the required primary front yard;
and on a through lot, a six-foot fence may be erected in the rear
yard along the two side lot lines and the secondary front lot line.
A six-foot fence in the secondary front yards on corner lots and in
the secondary front yard on through lots shall be considered a structure
requiring a building permit. All such fences shall comply with the
site visibility requirements of this Code.
(b)
If such fence shall be erected along any street, the permitted
height thereof shall be measured from the existing elevation of the
center line of such street opposite such fence, unless such fence
is of open woven wire or other such design as will not obstruct sight
visibility. Such height so measured shall not exceed 2 1/2 feet
at any point within a radius of 30 feet of the corner formed by any
intersecting streets. The provisions hereof shall also apply to hedges
or any other densely growing shrubbery.
(c)
Wire strand and open woven wire fences six feet in height above
ground level shall be permitted on all lot lines of property principally
devoted to agriculture, provided that such height so measured shall
not exceed four feet at any point within a radius of 30 feet of the
corner formed by any intersecting streets.
(6)
Barns, as defined in this chapter, subject to the following:
(a)
A maximum height of 18 feet;
(b)
A fifty-foot rear yard and fifty-foot side yard setback shall
be provided;
(c)
To be located in the rear yard only; and
(d)
No more than 25% lot coverage of the rear yard shall be occupied
by such structure, except that in the A-5 and A-10 Residential Zoning
Districts, it shall be pursuant to the Residential Districts Table
of Dimensional Regulations.[1]
[1]
Editor's Note: The Residential Districts Table of Dimensional Regulations is included as an attachment to this chapter.
(7)
Other customary accessory uses, structures and buildings, provided
that such uses are clearly incidental to the principal use and do
not include any activity commonly conducted as a business. Except
with regard to construction on property principally used for agriculture,
any accessory building shall be located on the same lot with the principal
building, and no accessory building shall be constructed on a lot
until the construction of the main building has actually been commenced,
and no accessory building on the lot shall be used until the main
building is completed and used.
(9)
Detached storage sheds.
(a)
All storage sheds shall be considered structures.
(b)
Detached storage sheds, not greater than 12 feet in height above
surrounding grade and not exceeding 600 square feet in floor area.
(c)
Detached storage sheds, not greater than 12 feet in height above
surrounding grade and less than or equal to 144 square feet in floor
area, may be located not closer than three feet to a side or rear
property line. However, said structure may not be located within a
required side yard.
(d)
Detached storage sheds, not greater than eight feet in height
above the surrounding grade, not exceeding 100 square feet in floor
area, may be located not closer than three feet to a side or rear
property line. Said structure may be located within a required side
yard.
(10)
Model dwellings. Model dwellings where the same are to be located
on lots on an approved final subdivision map or an approved residential
site plan and are intended to be used as model dwellings for the sale
of homes to be located within the subject project site. Permission
for location of said models shall be obtained from the Planning Board
and shall be issued for a period not to exceed two years. The Planning
Board may renew said permit upon application, provided that the model
dwelling has been constructed and used in accordance with the approved
site plan.
(11)
Greenhouses. Greenhouses, so long as the use of said structure(s)
is solely incidental to the permitted principal use and otherwise
conforms with the applicable dimensional requirements set forth in
this chapter.
(12)
Equipment.
(a)
All equipment, including but not limited to filters, heaters and pumps, associated with the use or operation of a private swimming pool, may be located in any portion of a side or rear yard and shall not be located less than five feet from any side or rear lot line. Nothing herein shall be construed to amend, supersede or otherwise alter the requirements of Town Code Chapter 50 "Noise Control."
(13)
An outdoor fireplace may be located in any portion of a side
or rear yard and shall not be located less than 15 feet from any side
or rear lot line and shall comply with all New York State and Town
Fire Codes.
(14)
Pool house/cabana, as defined in this chapter, subject to the following:
[Added 6-24-2021 by L.L. No. 10-2021; effective 7-7-2021]
(a)
Shall be no larger than 400 square feet in floor area; and
(b)
Shall not exceed 14 feet in height; and
(c)
Contains no indoor kitchen and is not otherwise designed, equipped,
or used for cooking; and
(d)
Contains no heat; and
(e)
Shall not be used for sleeping purposes; and
(f)
Contains no more than one room and bathroom; and
(g)
Interior plumbing fixtures shall be limited to a sink plus one bathroom
containing a toilet and a sink. No indoor shower shall be established;
and
(h)
Shall be located in the rear or nonrequired side yards and shall
comply with accessory structure setbacks for side and rear lot lines
yard; and
(i)
Shall not otherwise be configured or used as habitable space.
C.
The following uses shall be permitted when authorized by special
permit from the Board of Appeals:
(1)
Dwelling models, except for dwelling models approved by the Planning Board pursuant to Subsection B(9) above, provided that the following conditions are met:
(a)
Site plan review and approval by the Planning Board shall be
obtained simultaneously with or prior to the issuance of a special
permit.
(b)
Off-street parking for at least four automobiles for one model
dwelling unit and two additional spaces for each additional adjoining
model dwelling unit shall be required.
(c)
No exterior spotlighting or floodlighting shall be permitted
which will result in annoying glare directed or reflected toward residential
dwellings or residential zoning districts.
(d)
Prior to the issuance of a special permit for a model dwelling
built on a lot that does not conform to the requirements of the zone
in which it is located, the owner must execute a consent, in a form
acceptable to the Town Attorney, which consent will authorize the
Chief Building Inspector to demolish or cause to be removed said model
dwelling if the same is not removed by the owner thereof within 45
days of the expiration of the special permit. The applicant shall
also consent that all costs and expenses incurred by the Town of Brookhaven
in connection with the removal of the model dwelling shall be assessed
against the land on which said buildings are located. The amount of
such cost and expense shall be determined and audited by the Town
Board and shall be reported to the Board of Assessors of the Town
of Brookhaven as an amount to be levied and assessed against said
premises as an assessment for an improvement to be included in the
next succeeding assessment roll of the Town of Brookhaven to be thereafter
prepared. Thirty days after the expiration of the special permit,
the Chief Building Inspector shall mail a notice to the applicant
for the special permit and the latest assessed owner of record for
the subject property. Such notice shall indicate that, unless the
subject model dwelling is removed within 15 days, the Town will proceed
to remove the dwelling and assess the costs against the property.
The Chief Building Inspector shall also cause such notice to be posted
on the front door of the subject model dwelling. If the dwelling is
not removed, the Building Division may cause it to be removed or demolished
as above provided.
(e)
The special permit shall be issued for a period not to exceed
five years. The Zoning Board of Appeals may renew said permit upon
application, provided that the model dwelling has been constructed
in accordance with the site plan, the conditions attached to the special
permit, and this chapter.
(2)
Day-care facilities.
(3)
Upon a showing of need to protect private property, where the safety
of residents will not be placed in jeopardy, barbed-wire fencing,
ribbon-wire fencing or electrical fencing, unless the Planning Division
has approved or disapproved such use during site plan review.
(4)
Other agriculture.
(5)
A one-family dwelling occupied by more than eight persons living
and cooking together as a single housekeeping unit though non-related
by blood, adoption, or marriage, provided that all of the following
conditions are met:
(a)
Submission of proof of a valid operating certificate, permit,
and/or approval having been issued by the appropriate federal, state
and/or county agency or department for the proposed use when the same
is mandated by law; and
(b)
The location of the use does not unduly increase traffic congestion,
off-site parking, and noise levels on public streets.
D.
The following uses shall be permitted when authorized by special
permit from the Planning Board:
[Amended 5-12-2016 by L.L. No. 10-2016, effective 5-25-2016]
(1)
Colleges and universities; provided, however, that the plot has an
area of not less than 75 acres and a continuous street frontage of
not less than 400 feet; and provided further that the total building
area shall not exceed 20% of the total plot area; the location of
all buildings and structures shall be subject to approval by the Planning
Board.
(2)
Golf courses and country clubs having a plot area of not less than
50 acres.
(3)
Human cemeteries.
(4)
Museum reuse of historic structures identified on the State or National
Register of Historic Places or designated as a local landmark.
(5)
Parks, playgrounds, athletic fields, bathing beaches, bathhouses or boathouses, excluding uses permitted as set forth in § 85-511 of this chapter.
(6)
Private community center, recreation buildings and outdoor recreation
facilities as part of a homeowners', condominium or community association.
(7)
Voluntary nonprofit ambulance companies.
A.
Permitted uses are as follows:
(1)
All principal uses, accessory uses and uses authorized by special
permit which are permitted in the A Residence District.
(2)
All uses identified as incentive uses within the Transitional Area
Overlay District established in connection with the Montauk Highway
Corridor Study Land Use Plan for Mastic and Shirley Phase II.
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:
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.
A.
In the A Residence 5 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:
B.
Height. In the A Residence 5 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 A Residence 5 District, the total building
area shall not exceed 6% of the total lot area.
D.
Lot area. In the A Residence 5 District, no building or structure
shall be erected or altered on a lot having an area of less than 200,000
square feet or upon a lot having a frontage of less than 300 feet
at a point 70 feet back of the street line.
E.
Front yard. In the A Residence 5 District, there shall be a front
yard having a depth of not less than 70 feet.
F.
Side yards. In the A Residence 5 District, there shall be two side
yards, one on each side of the building, the total width of both to
be 85 feet, and no one side yard shall be less than 35 feet wide.
G.
Rear yard. In the A Residence 5 District, there shall be a rear yard
having a minimum depth of 80 feet.
H.
Accessory buildings and structures. In the A Residence 5 District,
accessory buildings and structures may occupy 12 1/2% 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 20
feet from any side or rear lot line nor less than 90 feet from any
street line.
I.
Transfer of development rights. In the event that the Town Board
or Planning Board is authorized to permit the transfer of development
rights, said Board shall have the authority to require an applicant
for development of a conventional subdivision plat within this zoning
category to transfer the development rights in accordance with the
provisions of any general, special or local law authorizing said Board
to permit the transfer of development rights.
J.
Site plan. With the exception of one-family dwellings, permitted
agricultural uses and accessory uses thereto, site plan review and
approval shall be required.
A.
In the A Residence 10 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:
B.
Height. In the A Residence 10 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 A Residence 10 District, the total building
area shall not exceed 3% of the total lot area.
D.
Lot area. In the A Residence 10 District, no building or structure
shall be erected or altered on a lot having an area of less than 400,000
square feet or upon a lot having frontage of less than 400 feet at
a point 80 feet back of the street line.
E.
Front yard. In the A Residence 10 District, there shall be a front
yard having a depth of not less than 80 feet.
F.
Side yards. In the A Residence 10 District, there shall be two side
yards, one on each side of the building, the total width of both to
be 90 feet, and no one side yard shall be less than 40 feet wide.
G.
Rear yard. In the A Residence 10 District, there shall be a rear
yard having a minimum depth of 85 feet.
H.
Accessory building and structures. In the A Residence 10 District,
accessory buildings and structures may occupy 10% 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 20 feet from
any side or rear lot line nor less than 95 feet from any street line.
I.
Transfer of development rights. In the event the Town Board or Planning
Board is authorized to permit the transfer of development rights,
said Board shall have the authority to require an applicant for development
of conventional subdivision plat within this zoning category to transfer
the development rights in accordance with the provisions of any general,
special or local law authorizing said Board to permit the transfer
of development rights.
J.
Site plan. With the exception of one-family dwellings, permitted
agricultural uses and accessory uses thereto, site plan review and
approval shall be required.
A.
Purpose and intent. The Town Board recognizes that tourism is an
important factor in promoting the economic welfare of the Town of
Brookhaven and that it is in the best interests of the Town to ensure
the continued growth of tourism trade. The Town Board also recognizes
that many tourists prefer lodging accommodations in residential settings
which often offer more personalized services than those provided in
motels or hotels. In addition, the Board seeks to protect and preserve
property values and promote the more efficient use of the Town's existing
stock of single-family dwellings while providing some measure of economic
relief to families of modest income who own and reside in such dwellings.
Thus, it is this Board's determination that bed-and-breakfast establishments
will help facilitate the achievement of these goals and objectives.
Therefore, it is the specific intent and purpose of this Board, in
enacting this section, to permit the establishment of quality bed-and-breakfast
accommodations throughout the Town subject to standards and thresholds
calculated to achieve these purposes.
B.
Bed-and-breakfast establishments, as defined in this chapter, shall
be permitted in all single-family residence districts, except for
residences located on a subdivision map filed after December 31, 1954,
by special permit from the Zoning Board of Appeals subject to the
following conditions and criteria:
(1)
A bed-and-breakfast may be established only in an owner-occupied
single-family dwelling the sole use of which is as said owner's primary
residence.
(2)
Only one such bed-and-breakfast shall be permitted per lot.
(3)
A bed-and-breakfast shall not be permitted within any dwelling having
an accessory apartment.
(4)
Any dwelling containing a bed-and-breakfast establishment shall only
have one kitchen.
(5)
The maximum number of bedrooms which may be designated as guest rooms
shall be all existing bedrooms except for one.
(6)
Two off-street parking spaces shall be required for the resident-owner
and one parking space for each designated guest room(s).
(7)
Exterior appearance. The exterior appearance of a bed-and-breakfast
residence, including its overall site, shall be maintained in appearance
and character as a single-family dwelling; separate guest entrances
are prohibited.
(8)
A single sign no larger than six square feet in size, identifying
the use, shall be permitted and may be illuminated so long as its
illumination is fully contained within the premises.
(9)
Cooking prohibited. No cooking facilities of any kind may be located
in any of the guest rooms and no cooking shall be permitted in said
guest room(s).
C.
Duration of stay for bed-and-breakfast guests. Any guest(s) for compensation
may be accommodated for a maximum of 14 consecutive nights.
D.
Registration of bed-and-breakfast guests. The owner of a bed-and-breakfast
shall maintain a registry of all guests. The records or dated receipts
of such registration shall be preserved and available for review during
the term of the permit or upon application for renewal thereof.
E.
Renewal of bed-and-breakfast special permit. A special permit for
a bed-and-breakfast use shall be renewed at least every five years;
said special permit(s) shall not be assignable or transferable; upon
transfer of any premises subject to such special permit, any successor
resident-owner shall make a new application to the Zoning Board of
Appeals in order to continue or reestablish the use as a bed-and-breakfast.
F.
Inspections of bed-and-breakfast premises. The premises in which
a bed-and-breakfast use has been established shall be subject to inspection
without prior notice by the Building Inspector, who shall make at
least annual inspections of such permitted uses.
G.
Penalties for violations of bed-and-breakfast regulations. Upon a determination, pursuant to an inspection authorized by Subsection E that the owner-operator of a bed-and-breakfast establishment is in violation of any of the provisions of this § 85-257 or of any conditions of the special permit, the Zoning Board of Appeals may revoke said special permit after a public hearing, on notice to the resident-owner. Alternatively, the Board of Appeals may continue the special permit, with such added conditions as it deems appropriate, on a probationary basis, for a maximum period of three years; the Board may revoke such probationary special permit without further notice to the owner upon proof of a subsequent violation under this chapter or of the conditions of the special permit during the term of the probationary period.
A.
Purpose. It is the specific purpose and intent of this article to
allow accessory apartments in the A Residence, A Residence 1, A Residence
2, A Residence 5, B Residence, B Residence 1 and C Residence Districts
to provide the opportunity and encouragement for the development of
small rental housing units designed, in particular, to meet the special
housing needs of single persons and couples of low and moderate income,
both young and old, and of relatives of families presently living
in the Town of Brookhaven. Furthermore, it is the purpose and intent
of this article to allow the more efficient use of the Town's existing
stock of dwellings to provide economic support of present resident
families of limited income and to protect and preserve property values
while preserving the character and quality of life of our communities.
To help achieve these goals and to promote the other objectives of
this article, specific standards are hereby set forth for such accessory
apartment uses.
B.
Standards.
(1)
Owner occupancy required. The owner(s) of the lot upon which the
accessory apartment is located shall reside within the dwelling that
contains the accessory apartment. The owner may occupy either the
larger dwelling unit or the accessory apartment. No other owner(s)
shall own a larger percentage collectively or individually than the
owner-occupant. A homeowner shall be permitted one accessory apartment
only, and only one accessory apartment per dwelling shall be permitted.
(2)
Location on lot. An accessory apartment shall be located in the principal
dwelling.
(3)
Provisional accessory apartment license. All qualified applicants
are required to obtain a provisional accessory apartment license.
When the Chief Building Inspector determines that the accessory apartment
has been completed and that such accessory apartment may be occupied
safely without endangering life, health or the public welfare, the
Chief Building Inspector may issue a provisional accessory apartment
license. All provisional accessory apartment licenses issued hereunder
shall be valid for an initial period of up to three years and for
successive renewal periods of up to five years at the discretion of
the Accessory Apartment Review Board.
(4)
Accessory apartment size. The minimum habitable area for an accessory
apartment shall be 300 square feet and a maximum of 650 square feet;
in no case shall it exceed 40% of the habitable area of the dwelling
building in which it is located, except in certain compelling circumstances
a maximum of 850 square feet may be approved, at the discretion of
the Accessory Apartment Review Board, in accordance with Table 1 below.
In no event may there be more than one bedroom per accessory apartment.
|
Table 1
| ||
|---|---|---|
|
Apartment Size
(square feet)
|
Maximum Percentage of Habitable Space
|
Application
|
|
300 to 650
|
40%
|
Standard
|
|
651 to 750
|
35%
|
Board discretion
|
|
751 to 850
|
30%
|
Board discretion
|
(5)
Number of accessory apartments per lot. There shall be no more than
one accessory apartment permitted per lot.
(6)
Exterior appearance. The entry to such unit and its design shall
be such that, to the degree reasonably feasible, the appearance of
the building will remain as a one-family residence.
(7)
Water and sewer service. Prior to issuance of a building permit for
the establishment of an accessory apartment in a principal dwelling
building, approval of the proposed method of water supply and sewage
disposal shall be obtained from the engineer for the Town.
(8)
Off-street parking. In addition to off-street parking spaces as required
for the principal dwelling under the Brookhaven Town Code, there shall
be located on-site a minimum of one off-street parking space for use
of the accessory apartment. The parking spaces and driveway thereto
must be paved with asphalt, concrete or other similar materials.
(9)
Maintenance. All structures located on a lot on which an accessory apartment is located shall be maintained in a neat and clean manner, including but not limited to exterior shingles, paint, shutters and trim as well as landscaping and shrubbery. The premises and buildings shall comply with the New York State Property Maintenance Code and any amendments thereto, and all applicable provisions of the Town Code, including but not limited to Chapter 82, Neighborhood Preservation. No Accessory Apartment Review Board approval or provisional accessory apartment license shall be issued or shall be renewed where a violation exists on the premises or within the dwelling.
(10)
The principal structure, as well as the accessory apartment,
must comply with all requirements for two-family dwellings as per
the New York State Uniform Fire Prevention and Building Code and/or
the laws and housing regulations of the State of New York, County
of Suffolk and Town of Brookhaven.
(11)
All applications must be supplied by the owner(s) of the property,
and the applicant shall be required to file an acknowledged statement
with the Town of Brookhaven. This statement shall state that the provisional
accessory apartment license for accessory apartment use and any extension
of said provisional accessory apartment license shall terminate upon
the death of the undersigned or the survivor of the undersigned, upon
the transfer of title to said premises, upon the undersigned no longer
occupying the premises as his/her principal residence or upon conviction
for a violation of this section.
(12)
Every owner shall be required to file a sworn and notarized
affidavit, representing to the Town that the owner is not a registered
sex offender. The affidavit shall also state that the owner is making
such representations with full knowledge that the Town of Brookhaven
is relying on these statements as a basis to issue a provisional accessory
apartment license.
(13)
The applicant shall be required to file a form stating that
the subject dwelling and premises shall meet with all New York State
Uniform Fire Prevention and Building Code requirements and all Town
of Brookhaven requirements pertaining to provisional accessory apartment
licenses for accessory apartments. The applicant will be required
to meet these standards within six months of the granting of the building
and zoning permit or the approval of the provisional accessory apartment
license will become null and void. Said time period may be extended
by the Chairperson of the Accessory Apartment Review Board for up
to an additional six months. In those instances where other governmental
or outside agencies cause a delay in either issuing approval or certifying
work, the Chief Building Inspector shall have the authority to grant
additional time to the applicant in which to obtain the required provisional
accessory apartment license.
(14)
Limitations. No Accessory Apartment Review Board approval nor
provisional accessory apartment license shall be issued for an accessory
apartment in the event that 5% or more of the lots within a one-half-mile
radius of the subject parcel contain accessory apartments. The Accessory
Apartment Review Board may vary this requirement when, due to sparsity
of development in the surrounding area, it is not practicable to maintain
the five-percent cap on accessory apartments. This subsection shall
not apply to applications filed within six months of the effective
date of this section where the application is to legalize an accessory
apartment preexisting the effective date of this section.
(15)
It shall be unlawful for a property owner or person in charge of property to establish or maintain an accessory apartment if that property owner or person in charge of the property is a registered sex offender. For the purpose of this article, the term "registered sex offender" shall be defined as in § 55-2 of the Brookhaven Town Code.
(16)
It shall be a violation to fail to meet the requirements of
this section at any time there exists an accessory apartment.
C.
Applications.
(2)
The Accessory Apartment Review Board, as part of its application,
may require the applicant to submit other items, including but not
limited to floor plans, photographs, exterior renderings, etc.
(3)
The application for a transfer of a provisional accessory apartment license to a subsequent property owner shall be on such forms and in such manner as shall be prescribed by the Accessory Apartment Review Board. The notice and hearing requirements of Subsection F(4) and (5) shall not apply to applications for transfer, except that the Chairperson of the Accessory Apartment Review Board shall have the authority to require a hearing on notice when, in his sole discretion, special circumstances exist which would require public input.
D.
Duration and fees.
[Amended 8-2-2018 by L.L.
No. 17-2018, effective 8-13-2018]
(1)
All accessory apartment licenses shall be effective for a period
not to exceed three years. Fees shall be established by Town Board
resolution.
(2)
All accessory apartment license renewals shall be effective for a
period not to exceed five years. Fees shall be established by Town
Board resolution.
(3)
All accessory apartment licenses may be transferred to a new owner
for the duration of the unexpired term. The transfer fee shall be
as established by Town Board resolution.
(4)
The application fee to the Accessory Apartment Review Board for a
provisional accessory apartment license for the initial one- to three-year
period shall be established by Town Board resolution. The application
fee for the five-year renewal period shall be established by Town
Board resolution. At the discretion of the Board, and upon a showing
of extenuating circumstances, a permit may be renewed for less than
the five-year period for a fee as established by Town Board resolution.
(5)
Upon failure to obtain a provisional accessory apartment license
for the accessory apartment within the total allotted time, the first
reapplication fee will be as established by Town Board resolution.
For a second failure to obtain the provisional accessory apartment
license in the allotted time, the second reapplication fee will be
as established by Town Board resolution. For any and all subsequent
reapplications, the fee will be as established by Town Board resolution.
These increased reapplication fees also apply to renewals.
(6)
Upon failure to renew a provisional accessory apartment license for
the accessory apartment within the total allotted time, the first
reapplication fee will be as established by Town Board resolution.
For a second failure to obtain the provisional accessory apartment
license in the allotted time, the second reapplication fee will be
as established by Town Board resolution. For any and all subsequent
reapplications, the fee will be as established by Town Board resolution.
E.
Accessory apartments shall not be permitted within an existing multifamily
structure.
F.
Accessory Apartment Review Board.
(1)
The Accessory Apartment Review Board shall consist of three members
appointed by the Town Board, one of whom shall be designated Chairperson.
The Town Board may provide for compensation to be paid to said members
and provide for such other expenses as may be necessary and proper.
Of the members of the Board first appointed, one shall hold office
for the term of one year, one for the term of two years and one for
the term of three years; provided, however, that the Town Board may,
by resolution, increase the number of members of the Accessory Apartment
Review Board to five members and provide for their compensation, and
thereafter such additional members shall be appointed for terms of
one year and three years respectively. Their successors shall be appointed
for the term of three years from and after the expiration of the terms
of their predecessors in office.
(2)
Such Accessory Apartment Review Board shall hear and decide applications
to allow accessory apartments pursuant to this section.
(3)
The Accessory Apartment Review Board shall adopt rules necessary
to the conduct of its affairs in keeping with the provisions of this
section. Meetings shall be held at the call of the Chairperson and
at such other times as the Board may determine. The Board shall keep
minutes of its proceedings and records of its examinations and other
official actions, all of which shall be a public record.
(4)
All applications made to the Board shall be in writing, on forms
prescribed by the Board. The Accessory Apartment Review Board shall
fix a reasonable time for the hearing of the application and give
public notice thereof, as well as due notice to the applicant. The
applicant shall mail notice of the hearing by either certified or
registered mail, return receipt requested, to every property owner,
as shown on the current Brookhaven assessment rolls, owning property
immediately adjacent and contiguous to that of the applicant. For
purposes of this section, property separated from that of the application
by a public road or right-of-way shall be deemed contiguous.
(5)
The following shall be submitted with such application:
(a)
A copy of the notice sent to property owners.
(b)
A list, in duplicate, containing the names and addresses of
the owners to whom notices were sent.
(c)
Proof of mailing receipts.
(d)
An affidavit of mailing of the aforesaid notices.
(e)
Three surveys giving the exact description and location of property,
with all existing and proposed structures and setbacks from all property
lines.
G.
Revocation. The Accessory Apartment Review Board shall retain the right to revoke any provisional accessory apartment license issued hereunder should the applicant or applicant's tenant violate any provision of this section or any condition imposed upon the issuance of the Board approval. Said revocation shall be after a hearing held on notice to the applicant and, if known, the tenant. As an alternative to revocation, the Accessory Apartment Review Board may continue the provisional accessory apartment license on a probationary basis, and in such event, it may revoke the provisional accessory apartment license without further notice to the applicant or tenant upon a violation of any conditions attached to the probationary permit. Any property owner or person in charge of property who violates Subsection B(15) shall have his/her provisional accessory apartment license immediately and automatically revoked upon such registration as a sex offender.
H.
Lapse of approval for a special permit. Every application for a special
permit granted by the Accessory Apartment Review Board shall be and
become null and void and of no further force and effect unless the
applicant obtains a building and zoning permit for work to be done
and/or change of use no later than six months after approval is granted
by the Accessory Apartment Review Board. In those instances where
other governmental or outside agencies cause a delay in either issuing
approval or certifying work, the Chief Building Inspector shall have
the authority to grant additional time to the applicant in which to
obtain the required building permit or other required approvals.
I.
No person shall create or occupy an accessory apartment without obtaining
an approval from the Accessory Apartment Review Board and a provisional
accessory apartment license for said use from the Building Division.
J.
It shall be unlawful and a violation of this chapter for any owner,
person or entity to allow a provisional accessory apartment license
to lapse without renewal or the obtaining of a building permit and
subsequent certificate of compliance for the removal of the kitchen
and reconfiguration of the residences to a one-family dwelling.[1]
[1]
Editor's Note: Former Subsection K, Penalties for violations
of accessory apartment regulations, was repealed .6-26-2018 by L.L.
No. 14-2018, effective 7-9-2018.
A.
Intent.
(1)
It has been determined by the Town Board that there is a need for
certain types of educational and recreational facilities not necessarily
provided by public, parochial and private schools. Such facilities
can be categorized generally as day-care facilities.
(2)
While it is altogether reasonable that the Town Board makes adequate
provisions for these facilities, it is imperative that such facilities
do not adversely affect surrounding and nearby properties and do not
adversely affect the health, welfare and safety of those who use such
facilities.
(3)
It is therefore the intent of this section to provide adequate safeguards
for the location, siting and operation of day-care facilities.
B.
Standards. Day-care centers may be permitted in any district except L Industrial 2 Districts when authorized by special permit from the Board of Appeals or the Planning Board, subject to the following terms and conditions in addition to those determinations required under § 85-57A of this chapter:
(1)
In a residential district, by the Board of Appeals, the minimum lot
area shall be one acre for a maximum of 30 children, senior citizens
or handicapped persons utilizing said facility. For each additional
person, the lot area shall be increased by 1,500 square feet.
(2)
In a nonresidential district, day-care facilities are permitted as
principal and/or accessory uses; lot size, setbacks and percentage
of lot occupancy shall be determined by the Planning Board based upon
site conditions, requirements of the applicable building and construction
code, fire code, Suffolk County Health Department regulations and
Department of Social Services laws and regulations.
(3)
No existing residential structure shall be used or altered in any
way for use as a day-care facility unless the structure meets with
all the requirements of the New York State Building Construction Code.
(4)
All outdoor recreational areas shall be adequately fenced and limited
in use to the hours of 9:00 a.m. to 8:00 p.m. No outdoor lighting
shall be so directed as to adversely affect surrounding properties.
(5)
Off-street parking shall be provided as follows: one parking space
for each 400 square feet of total floor area. There shall also be
safe and convenient space provided for the loading and unloading of
children, senior citizens or handicapped persons utilizing said facility.
(6)
No building shall be located within 40 feet of any street line, within
30 feet of any side property line or within 60 feet of any rear property
line.
(7)
No outdoor play area or off-street parking area shall be located
within 40 feet of any street line or, if located in a residential
district, within 30 feet of any side or rear property line.
(8)
Adequate screening, buffering and/or fencing shall be provided along
all property lines.
(9)
When applicable, licenses or certificates from sponsoring or authorizing
governmental and institutional agencies shall be required to ensure
the health, safety and welfare of the children.
(10)
The Planning Board shall review and approve or approve with
modification(s) the architectural features and site design of day-care
facilities which are located in residential districts to ensure harmony,
to the maximum extent practicable, with the existing character of
the neighborhood and neighboring structures.
C.
Waiver of dimensional requirements for Core Preservation Area sites.
(1)
Legislative intent. Consistent with the previously articulated goals
and intent applicable to the development of property located within
the Central Pine Barrens, as otherwise set forth in this chapter,
and in particular within the Core Preservation Area, it is this Board's
continuing intent to promote, encourage and require environmentally
sensitive development, where otherwise permitted, by providing for
a high degree of flexibility such development in order to protect,
preserve, and enhance the functional integrity of existing ecosystems,
including plant and animal populations and communities, to the maximum
extent practicable; thus, this Board hereby finds and determines that
certain of the dimensional criteria applicable to day-care centers
located in residential zoning districts within the Core Preservation
Area may be waived, upon review and consideration of the Town Board,
after a public hearing, upon a finding that the grant of such a waiver(s)
is necessary and/or appropriate in furtherance of this Board's overriding
policy objectives as aforesaid.
(2)
The Town Board is hereby authorized to waive, in whole or in part,
any dimensional requirement set forth hereinabove in this section
for front yard, rear yard and side yard setbacks for buildings, parking
areas and outdoor play areas, after a public hearing, conducted and
advertised in the same manner as is otherwise mandated for development
or redevelopment of properties located in the Pine Barrens Core Preservation
Area.
D.
Site plan review. All applications made under this section to the
Board of Appeals shall be forwarded to the Planning Board for its
review and recommendation prior to any action taken by the Board of
Appeals. No application shall be acted upon unless the Planning Board
has made a recommendation thereon. Following the granting of relief
under this section, the application shall be forwarded to the Planning
Board for site plan review and approval. All applications made under
this section shall be subject to site plan review by the Planning
Board. Applications for renewal of a special permit shall also be
subject to site plan review and approval by the Planning Board when
deemed appropriate by the Board having jurisdiction over such permit.
