Brewster City Zoning Code
ARTICLE IV
District Regulations
§ 263-6 R District (Single-Family Residential).
D.
Height. No building or other structure shall exceed a height of 35 feet or 2 1/2 stories plus basement, whichever is less.
E.
Lot and yard requirements. Within any R District, no building or structure shall be erected nor any lot or land area developed unless in conformity with the following requirements:
Requirement | Measurement | ||
|---|---|---|---|
Minimum lot area | 7,500 square feet | ||
Minimum lot width | 60 feet | ||
Maximum lot coverage | 25% | ||
Open space requirement | 400 square feet per dwelling unit | ||
Minimum yards: | |||
Front depth | 20 feet | ||
Side yard width | 12 feet | ||
Rear depth | 35 feet | ||
F.
Floor area ratio (FAR). The floor area ratio in the R District shall not exceed 0.5.
G.
Residential density shall not exceed one principal dwelling unit per lot and one accessory dwelling unit per lot.
§ 263-7 R20 District (Residential).
A.
D.
Height. No building or other structure shall exceed a height of 35 feet or 2 1/2 stories plus basement, whichever is less.
E.
Lot and yard requirements. Within any R20 District, no building or structure shall be erected nor any lot or land area developed unless in conformity with the following requirements:
Requirement | Measurement | ||
|---|---|---|---|
Minimum lot area | 20,000 square feet | ||
Minimum lot width | 100 feet | ||
Maximum lot coverage | 15% | ||
Open space requirement | 5,000 square feet per dwelling unit | ||
Minimum yards: | |||
Front depth | 25 feet | ||
One side width | 20 feet | ||
Both sides total width | 40 feet | ||
Side yard abutting a street on corner lot, width | 25 feet | ||
Rear depth | 40 feet | ||
F.
Floor area ratio (FAR). Within the R20 District, the floor area ratio shall not exceed 0.10.
G.
Density. If detached single-family dwelling units are constructed, they shall not exceed a density permitted by the lot and yard requirements of this section. If the units are attached single-family units, the density shall not exceed 2.5 dwelling units per acre. This additional density is permitted to encourage the clustering of town homes in this zone.
§ 263-8 PB District (Professional and Business Office).
C.
Special exception uses. Within any PB District, the following special exception uses shall be allowed, subject to the requirements of § 263-20:
(1)
Alternative care housing.
(2)
Assisted living facilities.
(3)
Church/place of worship.
(4)
Day-care center.
(5)
Municipality-owned or -operated building, structure or land.
(6)
Nursery school.
(7)
Nursing home.
(8)
School.
(9)
Funeral homes.
(10)
Bed-and-breakfasts.
(11)
Multifamily dwelling.
[Added 9-5-2018 by L.L. No. 5-2018]
D.
Height. No building or other structure shall exceed a height of 35 feet or 2 1/2 stories plus basement, whichever is less.
E.
Lot and yard requirements. Within any PB District, no building or structure shall be erected nor any lot or land area developed unless in conformity with the following requirements:
Requirement | Measurement | |
|---|---|---|
Minimum lot area | 7,500 square feet | |
Minimum lot width | 50 feet | |
Maximum lot coverage | 40% | |
Open space requirement | 100 square feet per dwelling unit | |
Minimum yards: | ||
Front depth | 20 feet | |
Side yard | 15 feet | |
Side yard abutting a street on corner lot, width | 20 feet | |
Rear depth | 15 feet | |
F.
Floor area ratio (FAR). Within the PB District, the floor area ratio shall not exceed 1.0.
G.
Residential density shall not exceed one dwelling unit per lot or one business per lot.
§ 263-9 B1 District (Business 1).
[Amended 4-5-2017 by L.L. No. 2-2017]
A.
Allowed uses. Within any B1 District, no building, structure, lot or land shall be used for other than one or more of the following uses:
C.
Special exception uses. Within any B1 District, the following special exception uses shall be allowed, subject to the requirements of § 263-20:
(1)
Church/place of worship.
(2)
Civic, community or cultural use.
(3)
Library.
(4)
Municipality-owned or operated building, structure or land.
(5)
Museum.
(6)
Live/work spaces, including artists' lofts. Artists' lofts with galleries are permitted on first floor except when uses front on Main Street or Railroad Avenue.
(7)
Residential use permitted on the first floor only if the residential use is connected to a larger TOD project, and no first-floor residential use permitted along Main Street or Railroad Avenue.
(8)
Cabaret, excluding adult entertainment cabaret.
D.
Prohibited uses. Drive-through windows are prohibited in the B1 District.
E.
Height.
(1)
Height fronting Main Street. For any use, no building shall be erected to a height in excess of five stories, but no greater than 60 feet. If self-contained parking within the structure is provided, or if a public plaza or other publicly accessible open space, outdoor dining, or commuter parking is provided in accordance with § 263-9K, a maximum building height not to exceed six stories, but no greater than 75 feet, may be permitted.
(2)
Height fronting Marvin Avenue. For any use, no building shall be erected to a height in excess of five stories, but no greater than 60 feet. If self-contained parking within the structure is provided, or if a public plaza or other publicly accessible open space, outdoor dining, or commuter parking is provided in accordance with § 263-9K, a maximum building height not to exceed six stories, but no greater than 75 feet, may be permitted. Building height fronting Marvin Avenue shall be measured as per the building height definition provided in Article II, except that "structure or building" shall include any platform or aboveground garage.
(3)
Height fronting Hoyt Street/Oak Street. For any use, no building shall be erected to a height in excess of five stories, but no greater than 60 feet.
F.
Lot and yard requirements. Within any B1 District, no building or structure shall be erected nor any lot or land area developed unless in conformity with the following requirements:
Requirement | Measurement | |
|---|---|---|
Minimum lot area | 3,500 square feet | |
Minimum lot width | 30 feet | |
Maximum lot coverage | 50.0% | |
Minimum yards*: | ||
Front depth | 0 feet | |
Side yard width | 0 feet | |
Side yard abutting a street on corner lot width | 0 feet | |
Rear depth | 0 feet | |
NOTE: | |
* | The minimum yard for any uses abutting a residential use shall be 10 feet. |
G.
Floor area ratio (FAR). Within the B1 District, the floor area ratio shall not exceed 2.50 unless extra height is provided as per Subsection E, in which case the maximum FAR shall not exceed 3.0.
H.
Residential density shall not exceed 80 bedrooms per acre unless extra height is provided as per Subsection E, in which case the residential density shall not exceed 100 bedrooms per acre.
I.
Signs. Signs shall conform to the requirements of Chapter 199 of the Code of the Village of Brewster.
J.
Parking. Off-street parking and loading requirements set forth in Article V shall apply to uses in the B1 District.
K.
Incentives. The Village Board of Trustees may provide adjustments to bulk, height, and setback requirements set forth in the B1 District for plans that specifically advance the Village's objectives for downtown revitalization and transit-oriented development, as set forth in the Comprehensive Plan. This may include projects that provide a public plaza or other publicly accessible open space including outdoor dining, or a minimum of 25% of total parking spaces to be used specifically for commuter parking. The open space allocation must be at least 20% of the lot area in order to be considered for the additional height or bulk requirements. A public hearing shall be required prior to the granting of any incentive adjustment.
§ 263-10 B2 District (Business 2).
A.
Allowed uses. Within any B2 District, no building, structure, lot or land shall be used for other than one or more of the following uses:
(1)
Retail stores.
(2)
Personal services.
(3)
Restaurants/taverns.
(4)
Offices, including medical offices.
(5)
Gasoline stations. Must be at least 1,000 feet from another gas station.
(6)
Automobile dealerships. Must be least 1,000 feet from another automobile dealership. Automobile dealerships shall have one parking space for each 200 square feet of sales area and a minimum of 10 parking spaces.
(7)
Automotive repair. Must be at least 1,000 feet from another automotive repair use.
(8)
Movie theaters.
B.
Allowed accessory uses. Accessory uses shall be as follows:
(1)
Automobile dealership may include as an accessory use automotive repair of vehicles that are similar in nature to those for sale or lease at the site.
(2)
Gasoline stations may have as an accessory use a retail store or automotive repair.
(3)
Drive-through uses including banks and fast-food restaurants.
C.
Height. For any use, no building shall be erected to a height in excess of three stories, but no greater than 35 feet (average).
D.
Lot and yard requirements. Within any B2 District, no building or structure shall be erected nor any lot or land area developed unless in conformity with the following requirements:
Requirement | Measurement | |
|---|---|---|
Minimum lot area | 10,000 square feet | |
Minimum lot width | 100 feet | |
Maximum lot coverage | 50% | |
Minimum yards: | ||
Front depth | 10 feet | |
Side yard width | 10 feet | |
Rear depth | 30 feet | |
E.
Floor area ratio (FAR). Within the B2 District, the floor area ratio shall not exceed 1.5.
F.
Signs. Signs shall conform to the requirements of Chapter 199 of the Code of the Village of Brewster.
G.
Design guidelines. To the extent practicable, developments within the B2 District shall be designed to create an attractive visual environment while enhancing traffic safety by means of the following:
(1)
A minimum of ten-foot landscaping buffer along the site frontage is required.
(2)
Placement and design of site lighting so as to limit spillage onto adjacent roadways and properties.
(3)
Limitations on the number and placement of curb cuts for each property. This must comply with New York State Department of Transportation standards.
(4)
Encourage parking to the rear and sides of the building.
H.
Special exception uses. Within any B2 District, the following special exception uses shall be allowed, subject to the requirements of § 263-20:
[Added 11-18-2020 by L.L. No. 3-2020]
(1)
Mixed use consisting of first floor commercial use(s) and residential use(s) on any permitted floors above first floor.
[Amended 2-3-2021 by L.L. No. 1-2021]
§ 263-11 B3 District (Business 3).
[Amended 4-5-2017 by L.L. No. 2-2017]
A.
Allowed uses. Within any B3 District, no building, structure, lot or land shall be used for other than one or more of the following uses:
(1)
Retail stores, restaurants or taverns.
(2)
Personal service stores.
(3)
Offices, including medical offices.
(4)
Single-family dwellings.
(5)
Multiple-family dwellings.
(6)
Townhomes or two-family dwellings.
(7)
Community uses, including fitness or recreation center, or senior center.
(8)
Theaters, including movie theater, dinner theater, and live theater.
(9)
Laundromats.
(10)
Art galleries.
(11)
Church/place of worship.
(12)
Civic, community or cultural use.
(13)
Day-care center.
(14)
Library.
(15)
Municipality-owned or -operated building, structure or land.
(16)
Museum.
(17)
Nursery school.
(18)
School.
C.
Special exception uses. Within any B3 District, the following special exception uses shall be allowed, subject to the requirements of § 263-20:
D.
Height. For any use, no building shall be erected to a height in excess of three stories, but no greater than 35 feet. If structured parking, publicly accessible open space, or other community amenity is provided in accordance with § 263-11J, a maximum building height may not exceed four stories, but no greater than 50 feet.
E.
Lot and yard requirements. Within any B3 District, no building or structure shall be erected nor any lot or land area developed unless in conformity with the following requirements:
Requirement | Measurement | |
|---|---|---|
Minimum lot area | 5,000 square feet | |
Minimum lot width | 30 feet | |
Maximum lot coverage | 50% | |
Minimum yards: | ||
Front depth | 10 feet | |
Side yard width | 10 feet | |
Rear depth | 15 feet | |
F.
Floor area ratio (FAR). Within the B3 District, the floor area ratio shall not exceed 2.0.
G.
Density. Residential single-family density shall not exceed one dwelling unit per lot. The density for townhome shall not exceed 64 bedrooms per acre unless extra height is provided as per Subsection D, in which case the townhome density shall not exceed 80 bedrooms per acre.
H.
Signs. Signs shall conform to the requirements of Chapter 199 of the Code of the Village of Brewster.
I.
Parking. Off-street parking and loading requirements set forth in Article V shall apply to uses in the B3 District.
J.
Incentives. The Village Board of Trustees may provide adjustments to bulk, height, and setback requirements set forth in the B3 District for plans located on the south side of Main Street or on Marvin Avenue that specifically advance the Village's objectives for downtown revitalization, as set forth in the Comprehensive Plan. This may include projects that provide publicly accessible open space or other community amenities or a minimum of 25% of total parking spaces to be used specifically for public parking. The open space may include a public plaza, active or passive recreational facilities or other forms of publicly accessible open space and the allocation must be at least 20% of the lot area in order to be considered for the additional height or bulk requirements. A public hearing shall be required prior to the granting and approval of any incentive adjustment. Incentives set forth in the B3 District may be provided only to properties located on the south side of Main Street and/or on Marvin Avenue. Properties located on the north side of Main Street or along Oak Street shall not be eligible for incentives provided in this section.
§ 263-12 MU District. (Mixed-Use District).
A.
Allowed uses. Within the MU District, no building, structure, lot or land shall be used, or reused, for other than one or more of the following uses:
C.
Special exception uses. Within any MU District, the following special exception uses shall be allowed, subject to the requirements of § 263-20:
D.
Height. For any use, no building shall be erected to a height in excess of 2 1/2 stories, but no greater than 35 feet (average).
E.
Lot and yard requirements. Within any MU District, no building or structure shall be erected nor any lot or land area developed unless in conformity with the following requirements:
Requirement | Measurement | ||
|---|---|---|---|
Residential Uses | Nonresidential or Mixed Uses | ||
Minimum lot area | 5,000 square feet | 98.9 acres (387,684 square feet) | |
Minimum lot width | 50 feet | 50 feet | |
Maximum lot coverage | 40% | 40% | |
Open space requirement | 400 square feet per dwelling unit | 100 square feet per dwelling unit or minimum 20% of lot area for nonresidential uses. There is no required minimum lot area for each individual building lot within a development which is subdivided in accordance with a site development plan approved by the Planning Board pursuant to the planning standards of this section of this chapter. | |
Minimum yards: | |||
Residential Uses | Nonresidential or Mixed Uses* | ||
Front depth | 20 feet | 30 feet | |
Side yard | 25 feet | 30 feet | |
Side yard abutting a street on corner lot, width | 25 feet | 30 feet | |
Rear depth | 15 feet | 30 feet | |
NOTE: | |
|---|---|
*The minimum yard for any nonresidential or mixed-uses abutting a residential use shall be 35 feet. |
F.
Floor area ratio (FAR). Within the MU District, the floor area ratio shall not exceed 1.0 for any use permitted in the MU District.
G.
Density. Residential single-family density shall not exceed one dwelling unit per lot. The density for multifamily or townhome dwelling units shall not exceed 32 bedrooms per acre.
§ 263-13 OP District (Office Park).
B.
Allowed accessory uses. Accessory uses shall be as follows:
(1)
Cafeteria for employees incidental to a principal use. Any such cafeteria must use only disposable or recyclable flatware, plates and cups in order to reduce the impact on the Village water system.
C.
Height. For any use, no building shall be erected to a height in excess of four stories plus a basement, or 45 feet, unless self-contained parking within the structure is provided, in which case the maximum building height may not exceed 70 feet.
D.
Lot and yard requirements. Within any OP District, no building or structure shall be erected nor any lot or land area developed unless in conformity with the following requirements:
Requirement | Measurement | ||
|---|---|---|---|
Minimum lot area | 40,000 square feet | ||
Minimum lot width | 200 feet | ||
Maximum lot coverage | 37.5% | ||
Open space requirement | 5,000 square feet | ||
Minimum yards: | |||
Front depth | 25 feet | ||
Side yard width | 20 feet | ||
Rear depth | 10 feet | ||
E.
Floor area ratio (FAR). Within the OP District, the floor area ratio shall not exceed 0.8.
F.
Parking. There shall be one parking space for each 400 square feet of floor area of the building.
§ 263-14 LMW District (Light Manufacturing and Wholesale).
A.
Allowed uses. Within any LMW District, no building, structure, lot or land shall be used for other than one or more of the following uses:
B.
Allowed accessory uses. There are no allowed accessory uses in the LMW District.
D.
Height. For any use, no building shall be erected to a height in excess of three stories plus a basement, or 35 feet.
E.
Lot and yard requirements. Within any LMW District, no building or structure shall be erected nor any lot or land area developed unless in conformity with the following requirements:
Requirement | Measurement | ||
|---|---|---|---|
Minimum lot area | 25,000 square feet | ||
Minimum lot width | 100 feet | ||
Maximum lot coverage | 50% | ||
Open space requirement | Not applicable | ||
Minimum yards: | |||
Front depth | 40 feet | ||
Side yard width | 15 feet | ||
Rear depth | 50 feet | ||
F.
Floor area ratio (FAR). Within the LMW District, the floor area ratio shall not exceed 0.60.
G.
Performance standards. Land, buildings and other structures may be used for one or more of the purposes specified above, subject to the following performance standards:
(1)
Dust, dirt, fly ash and smoke. No offensive dust, dirt, fly ash or smoke shall be emitted into the air.
(2)
Odors, gases and fumes. No offensive odors or noxious, toxic or corrosive fumes or gases shall be observable outside the property where it originates.
(3)
Noise. No noise that is objectionable due to volume, intermittence, beat, frequency or shrillness shall be transmitted outside the property where it originates.
(4)
Wastes. No wastes generated by the manufacturing process shall be discharged into the ground or into any stream, storm drain, sanitary sewer or dry well.
(5)
Vibration. No vibration shall be transmitted outside the property where it originates.
(6)
Danger. No material that is dangerous due to explosion, extreme fire hazard or radioactivity shall be used, stored or manufactured, except in accordance with applicable codes and regulations of the State of New York.
H.
Determination of compliance. In the event of doubt as to whether a proposed use will conform to the above performance standards, the Village Code Enforcement Officer shall deny the permit. The applicant for the permit may apply to the Zoning Board of Appeals for a determination as to compliance with the performance standards.
I.
Subsoil conditions. A study shall be made and submitted to the Planning Board by a professional engineer licensed by the State of New York on the soil-bearing capacities of the land as well as any subterranean conditions which may exist and will affect the utilization of the land.
§ 263-15 C District (Conservation).
B.
Allowed accessory uses. There are no accessory uses allowed in the C District.
C.
Special exception uses. There are no special exception uses in the C District.
D.
Height. For any use, no building shall be erected to a height in excess of two stories plus a basement, or 35 feet.
E.
Lot and yard requirements. Within any C District, no building or structure shall be erected nor any lot or land area developed unless in conformity with the following requirements:
Requirement | Measurement | ||
|---|---|---|---|
Minimum lot area | 60,000 square feet | ||
Minimum lot width | 100 feet | ||
Maximum lot coverage | 5% | ||
Open space requirement | Not applicable | ||
Minimum yards: | |||
Front depth | 25 feet | ||
One side width | 15 feet | ||
Rear depth | 35 feet | ||
F.
Floor area ratio (FAR). Within the C District, the floor area ratio shall not exceed 0.05.