Brightwaters City Zoning Code
ARTICLE III
Residence A and B Districts
§ 128-6 Permitted uses.
Within any Residence A and Residence B Districts as indicated on the Building Zone Map, no building or premises shall be used for other than one or more of the following specified classes of purposes:
A.
One dwelling for one family as one housekeeping unit only.
B.
Customary home occupations.
(1)
Intent. The purpose of these provisions is to allow for home occupations which are compatible with the neighborhoods in which they are allowed and in keeping with the residential character of the community.
(2)
Definition. An accessory use of service character customarily conducted within a dwelling shall include the professional office or studio of a physician, dentist, teacher, artist, architect, engineer, accountant, musician or attorney and other services of a professional nature. It shall not include and such nonpermissible home occupations shall not be limited to the following: beauty parlors, barbershops, tourist homes, convalescent homes, funeral homes, dancing schools, real estate offices, veterinarian offices, animal hospitals and biological or medical testing laboratories.
(3)
Conditions. The Board of Trustees may, upon application and after a public hearing thereon, permit a home occupation in any residence, subject to the applicant's ability to provide reasonable evidence that all the following conditions will be met:
(a)
The occupation will be conducted within a dwelling.
(b)
The occupation is clearly incidental and secondary to the principal use and residential character of the dwelling.
(c)
The establishment and conduct of a home occupation shall not change the residential character or use of the dwelling involved.
(d)
No more than one person, in addition to the applicant, may be engaged in any capacity in such home occupation. The foregoing shall not include members of the immediate family residing on the premises.
(e)
Not more than 30% of the floor area of one story of the dwelling is devoted to such home occupation.
(f)
No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.
(g)
No traffic shall be generated by such home occupation in substantially greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be limited as follows:
(h)
There shall be no advertising visible from the street other than a small professional sign as provided in Article VII of this chapter.
(i)
No home occupation shall be conducted between the hours of 9:00 p.m. and 9:00 a.m. nor on Sundays.
(j)
Other conditions as shall be determined by the Board of Trustees.
(4)
Procedure.
(a)
Application. Application for a home occupation permit shall be made to the Board of Trustees on a form provided by the Code Enforcement Officer and shall be accompanied by a filing fee as set by the Board of Trustees.
(b)
Planning Board review. All applications for a home occupation permit shall be reviewed by the Planning Board, which shall report its findings to the Board of Trustees.
(c)
Board of Trustees review and public hearing. After considering the Planning Board's recommendations and after a duly scheduled public hearing, the Board of Trustees may issue a home occupation permit valid for three years. Notices of the public hearing shall be mailed by the Village Clerk to property owners within 200 feet.
C.
Schools, publicly owned buildings not of a correctional or charitable nature, memorial buildings, country clubs, public libraries, public museums, art galleries for exhibition only, municipal recreation buildings, municipally controlled playgrounds and public parks. A clubhouse or a structure used for club purposes is a permitted use, provided that a majority of the membership at all times is residents of the Village of Brightwaters, and provided that all of the activities of such club are recreational and social and that no activity is maintained on a commercial or concessionaire basis for the use of the general public, and provided that no bowling alleys or other noisy activities shall be conducted in any such clubhouse or structure except under a temporary revocable permit issued by the Village Board upon the recommendation of the Board of Appeals upon a hearing, as in the case of unnecessary hardship, and upon such terms, conditions and limitations as the Village Board may require.
D.
Churches and other places of worship, parish houses and Sunday school buildings.
E.
Accessory uses customary with or incident to any permitted use and located on the same lot therewith. Except as otherwise provided in this chapter, the term "accessory uses" shall not, in a residence district, include any activity commonly conducted for gain or any driveway or walk giving access thereto. Garages are classified as permitted accessories, but, except as hereinafter specified, a garage in a residence district may be on the same lot with a residence. Any accessory building shall be limited to 1 1/2 stories or 24 feet in height and shall be distant at least 10 feet from any party side line, except as otherwise provided in this chapter. No accessory building shall be occupied in any part for residence purposes, nor may it contain any cooking equipment, refrigerator or sink.
[Amended 12-4-2000 by L.L. No. 2-2000]
F.
In connection with any use of property under Subsections C and D of this section, except for use as a public school under Subsection C hereof, off-street parking space shall be provided on the premises for the parking of automobiles, the area of which shall be not less than three times the floor area of the building, exclusive of setbacks as provided in § 128-22.
G.
No path, driveway or private roadway to be used by any mechanically powered vehicle as a means of egress onto or ingress from Montauk Highway shall hereafter be constructed or maintained in or upon any lot or parcel of property abutting upon or contiguous to Montauk Highway.
H.
Storage of fuel. No bulk storage of coal or liquid fuels or other flammable fuels in excess of 275 gallons is permitted above ground.
[Amended 8-4-2008 by L.L. No. 5-2008]
§ 128-7 Residence A District minimum building requirements.
B.
Houses built on lots under 100 feet in width.
(1)
The following are the minimum lot widths and cubical content for each type of house built on a lot under 100 feet in width that was in single, undivided ownership prior to May 16, 1949, the original date of this chapter:
Lot Width (feet) | Lot Length (feet) | Maximum Height (stories) | Minimum Cubic Feet |
|---|---|---|---|
75 to 100 | 100 and above | 2 | 20,000 |
65 to 75 | 100 and above | 1 1/2 | 15,000 |
50 to 65 | 120 and above | 1 1/2 | 15,000 |
50 to 65 | 100 | 1 1/2 | 11,000 |
(2)
No house may be built on a lot having a minimum width of less than 50 feet or a minimum depth of less than 100 feet. No two-story house may be built on a lot less than 75 feet wide.
§ 128-8 Residence B District minimum building requirements.
B.
Houses built on lots under 100 feet in width.
(1)
The following are the minimum lot widths and cubical content for each type of house built on a lot under 100 feet in width that was in single, undivided ownership prior to May 16, 1949, the original date of this chapter:
[Amended 10-19-1994 by Ord. No. 6-1994]
Lot Width (feet) | Lot Length (feet) | Maximum Height (stories) | Minimum Cubic Feet |
|---|---|---|---|
75 to 99 | 100 | 2 | 15,000 |
50 to 74 | 100 to 120 | 1 1/2 | 10,000 for 1 story; 11,000 for 1 1/2 stories |
(2)
No house may be built on a lot having a minimum width of less than 50 feet or a minimum depth of less than 100 feet.
§ 128-9 Spaces excluded from cubical contents computation.
Nonliving space is excluded in computing cubical contents in A and B Districts. Cellar space or rooms extending below the level of the adjoining street or streets shall be excluded in computing living space.
§ 128-10 Minimum pitch of roof.
The minimum pitch of roof in A and B Districts shall be five on 12.
§ 128-10.1 Utility meters in residential premises.
[Added 1-3-2006 by L.L. No. 2-2006]
No parcel in Residence A District or Residence B District shall have more than one water meter, one gas meter, or one electric meter anywhere on the parcel, whether activated or not, unless a legal nonconforming use for a two-or-more-family use has been granted by the Board of Appeals pursuant to § 128-90C and/or a home occupation use has been granted by the Board of Trustees pursuant to § 128-6B. Any water meter, gas meter, or electric meter in existence upon the effective date of this section and not in compliance with the conditions and limitations imposed by the provisions of this section is hereby declared to be, and shall be deemed, a nonconforming meter, and every such nonconforming meter shall be completely removed from the parcel and the premises in which it is situated, and every such parcel and its premises shall be made to fully conform with the provisions of this section, on or before the expiration of one year from the date of the adoption of this section, this one-year period being allowed for the specific purpose of permitting the amortization of the remaining cost, if any, of such meter(s) and the installation thereof.