Brookhaven City Zoning Code
ARTICLE XIV
Residence Districts
§ 85-175 Residence District standards.
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.
§ 85-176 Maximum building and driveway size.
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.
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 |
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.
Repairs or replacements of driveways in existence prior to the enactment of this section shall not be deemed a violation of this chapter.
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.
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.
Religious institutions are exempt from the limitations contained within this section.
§ 85-177 Table of Dimensional Regulations.
[The Table of Dimensional Regulations for Residential Districts is included as an attachment to this chapter.]
§ 85-184 One-family dwellings; floor area.
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.
The computation of floor area shall be as follows except for lots less than 60 feet in lot width:
One-story residence, with all rooms on one level: a minimum of 1,000 square feet.
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:
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:
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.
Be completely enclosed by ceilings and sidewalls which have been properly finished with approved construction materials.
Have a floor finished with approved construction materials, excluding paint.
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:
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.
Be completely enclosed by ceilings and sidewalls which have been properly finished with approved construction materials.
Have a floor finished with approved construction materials, excluding, however, paint.
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.
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.
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.
§ 85-185 Two-family dwellings.
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.
§ 85-186 Multiple dwellings.
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.
§ 85-190 A Residence District.
[Amended 5-21-2015 by L.L. No. 7-2015, effective 6-2-2015; 5-12-2016 by L.L. No. 10-2016, effective 5-25-2016; 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; 6-24-2021 by L.L. No. 10-2021, effective 7-7-2021; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
Principal uses are as follows:
One-family dwellings, except that mobile homes shall not be a permitted principal use.
Churches or similar places of worship and parish houses.
Convents and monasteries.
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.
Public and parochial schools and private schools having a curriculum similar to that ordinarily given in public schools, but not including day-care facilities.
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.
Museum reuse of historic structures identified on the State or National Register of Historic Places or designated as a local landmark.
Parks, playgrounds, athletic fields, bathing beaches, bathhouses or boathouses, excluding uses permitted as set forth in § 85-511 of this chapter.
Private community center, recreation buildings and outdoor recreation facilities as part of a homeowners', condominium or community association.
Accessory uses, when located on the same lot with a permitted principal use, are as follows:
Private garages.
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.
Customary home occupations only when conducted by the person residing on the premises.
Fences. No fence may be erected having a height greater than four feet from the ground, except as follows:
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.
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.
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.
Barns, as defined in this chapter, subject to the following:
A maximum height of 18 feet;
A fifty-foot rear yard and fifty-foot side yard setback shall be provided;
To be located in the rear yard only; and
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.
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.
Detached storage sheds.
[Amended 9-12-2024 by L.L. No. 16-2024, effective 9-23-2024]
All storage sheds shall be considered structures.
Detached storage sheds, not greater than 12 feet in height above surrounding grade and not exceeding 600 square feet in floor area.
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 rear or secondary front yard property line. However, such structures otherwise shall comply with the site visibility requirements of this Code.
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.
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.
Equipment.
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.
Generators 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.
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.
Pool house/cabana, as defined in this chapter, subject to the following:
Shall be no larger than 400 square feet in floor area; and
Shall not exceed 14 feet in height; and
Contains no indoor kitchen and is not otherwise designed, equipped, or used for cooking; and
Contains no heat; and
Shall not be used for sleeping purposes; and
Contains no more than one room and bathroom; and
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
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
Shall not otherwise be configured or used as habitable space.
The following uses shall be permitted when authorized by special permit from the Board of Appeals:
Dwelling models, except for dwelling models approved by the Planning Board pursuant to Subsection B(9) above, provided that the following conditions are met:
Site plan review and approval by the Planning Board shall be obtained simultaneously with or prior to the issuance of a special permit.
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.
No exterior spotlighting or floodlighting shall be permitted which will result in annoying glare directed or reflected toward residential dwellings or residential zoning districts.
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.
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.
Day-care facilities.
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.
Other agriculture.
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:
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
The location of the use does not unduly increase traffic congestion, off-site parking, and noise levels on public streets.
§ 85-197 A Residence 1 District.
Permitted uses are as follows:
All principal uses, accessory uses and uses authorized by special permit which are permitted in the A Residence District.
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.
§ 85-204 A Residence 2 District.
§ 85-211 B Residence District.
§ 85-218 B Residence 1 District.
§ 85-225 C Residence District.
§ 85-232 D Residence District.
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.
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:
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.
Building area. In the D Residence District, the total building area shall not exceed 30% of the total lot area.
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.
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.
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.
Rear yard. In the D Residence District, there shall be a rear yard having a minimum depth of 30 feet.
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.
Additional requirements.
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.
Parking. No parking in the required front yard. A minimum of two parking spaces per residential dwelling unit shall be provided.
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.
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.
Site plan. With the exception of permitted one-family detached dwellings and permitted agricultural uses, a site plan review and approval shall be required.
§ 85-239 A Residence 5 District.
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:
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.
Building area. In the A Residence 5 District, the total building area shall not exceed 6% of the total lot area.
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.
Front yard. In the A Residence 5 District, there shall be a front yard having a depth of not less than 70 feet.
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.
Rear yard. In the A Residence 5 District, there shall be a rear yard having a minimum depth of 80 feet.
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.
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.
Site plan. With the exception of one-family dwellings, permitted agricultural uses and accessory uses thereto, site plan review and approval shall be required.
§ 85-246 A Residence 10 District.
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:
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.
Building area. In the A Residence 10 District, the total building area shall not exceed 3% of the total lot area.
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.
Front yard. In the A Residence 10 District, there shall be a front yard having a depth of not less than 80 feet.
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.
Rear yard. In the A Residence 10 District, there shall be a rear yard having a minimum depth of 85 feet.
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.
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.
Site plan. With the exception of one-family dwellings, permitted agricultural uses and accessory uses thereto, site plan review and approval shall be required.
§ 85-257 Bed-and-breakfast establishments.
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.
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:
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.
Only one such bed-and-breakfast shall be permitted per lot.
A bed-and-breakfast shall not be permitted within any dwelling having an accessory apartment.
Any dwelling containing a bed-and-breakfast establishment shall only have one kitchen.
The maximum number of bedrooms which may be designated as guest rooms shall be all existing bedrooms except for one.
Two off-street parking spaces shall be required for the resident-owner and one parking space for each designated guest room(s).
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.
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.
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).
Duration of stay for bed-and-breakfast guests. Any guest(s) for compensation may be accommodated for a maximum of 14 consecutive nights.
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.
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.
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.
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.
§ 85-258 Accessory apartments.
[Amended 6-26-2018 by L.L. No. 14-2018, effective 7-9-2018; 8-2-2018 by L.L. No. 17-2018, effective 8-13-2018; 2-22-2024 by L.L. No. 3-2024, effective 2-27-2024]
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.
Standards.
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. Dwellings owned by entities including, but not limited to, limited-liability companies, corporations, small corporations, partnerships and professional corporations, are expressly prohibited from obtaining a provisional accessory apartment license.
Location on lot. An accessory apartment shall be located in the principal dwelling.
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 Chief Building Inspector.
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 Chief Building Inspector, 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% | Chief Building Inspector discretion |
751 to 850 | 30% | Chief Building Inspector discretion |
Number of accessory apartments per lot. There shall be no more than one accessory apartment permitted per lot.
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.
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.
Off-street parking. A minimum of two off-street parking spaces shall be required for the resident-owner and there shall be located on site a minimum of one designated off-street parking space for use of the accessory apartment occupants. Tandem stalls shall count as one off-street parking space. Said spaces shall be depicted on a plan submitted to the Chief Building Inspector at the time of application. The designated off-street parking space for the accessory apartment occupants shall be utilized by the accessory apartment occupants only. The parking spaces and driveway thereto must be paved with asphalt, concrete or other similar materials. The use of gravel or other permeable materials shall not be permitted. Failure to comply with these requirements after the issuance of the provisional accessory apartment license shall be deemed to be grounds for revocation pursuant to Subsection G below.
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 provisional accessory apartment license shall be issued or shall be renewed by the Chief Building Inspector where a violation exists on the premises or within the dwelling.
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.
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.
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 Chief Building Inspector 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.
Limitations. No approval by the Chief Building Inspector 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 Chief Building Inspector may vary this requirement when, due to sparsity of development in the surrounding area, it is not practicable to maintain the 5% 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. This subsection shall not apply to applications filed in connection to an affordable housing project involving a housing group and which the Town has provided material support, including but not limited to financial contributions or real property, and accessory apartment licenses approved in connection with such projects will not be applicable in calculating the radius for licenses that are subject to this subsection.
[Amended 9-12-2024 by L.L. No. 16-2024, effective 9-23-2024]
It shall be a violation to fail to meet the requirements of this section at any time there exists an accessory apartment.
Applications.
The Chief Building Inspector, as part of its application, may require the applicant to submit other items, including but not limited to floor plans, photographs, exterior renderings, etc.
Upon being notified in writing by the Chief Building Inspector that the application is deemed complete, the applicant is required to provide notice of the pending application by the conspicuous placement along each road frontage of the property which is the subject of the application at least one poster, in such form as prescribed by the Chief Building Inspector, and a fee set by Town Board resolution.
Said poster must remain in place for a minimum of 10 consecutive days after the application is deemed complete and must be removed no later than two days after the posting period is completed. Proof of posting, including two pictures of the poster, one indicating the wording on the poster and the second indicating the location of the poster in front of the property, along with an affidavit of posting, must be submitted to the Building Division.
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 Chief Building Inspector. The notice and hearing requirements of Subsection F(4) and (5) shall not apply to applications for transfer, except that the Chief Building Inspector shall have the authority to require a hearing on notice when, in her/his sole discretion, special circumstances exist which would require public input.
Duration and fees.
All accessory apartment licenses shall be effective for a period not to exceed two years. Fees shall be established by Town Board resolution.
All accessory apartment license renewals shall be effective for a period not to exceed five years. Fees shall be established by Town Board resolution.
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.
The application fee 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.
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.
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.
Accessory apartments shall not be permitted within an existing multifamily structure.
Revocation. The Chief Building Inspector 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 Chief Building Inspector 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.
Lapse of approval for a provisional accessory license. Every application for a provisional accessory license granted by the Chief Building Inspector 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. 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.
No person shall create or occupy an accessory apartment without obtaining an approval from the Chief Building Inspector and a provisional accessory apartment license for said use from the Building Division.
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.
§ 85-259 Day-care facilities.
Intent.
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.
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.
It is therefore the intent of this section to provide adequate safeguards for the location, siting and operation of day-care facilities.
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:
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.
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.
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.
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.
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.
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.
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.
Adequate screening, buffering and/or fencing shall be provided along all property lines.
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.
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.
Waiver of dimensional requirements for Core Preservation Area sites.
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.
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.
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.
