Brookhaven City Zoning Code
Article
XX Business Districts
§ 85-399 Business District standards.
Within the business districts, a building, structure, lot or lands shall only be utilized in conformance with the provisions of § 85-400, Table of Dimensional Regulations. In addition, such use shall also comply with all other applicable provisions of this chapter. The table comprising § 85-400 is hereby declared to be a part of this chapter.[1]
§ 85-400 through § 85-403. (Reserved) [1]
[1]
Editor’s Note: Former § 85-400, Table of Dimensional Regulations, was repealed 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016.
§ 85-405 Legislative intent.
A.
The Town Board recognizes the importance of enhancing the character and identity of the various hamlets which comprise the Town of Brookhaven. Major elements of this identity involve the residential uses, architecture and streetscape which have traditionally developed along the major roadways and which serve as scenic gateways to the business districts of these communities.
B.
The resulting advance of strip commercial development undermines the unique functional and visual role these business districts play in preserving community identity. Such development would add a significant amount of traffic along roadways which are already congested, thereby reducing service and safety.
C.
The Town Board finds that a transitional business zoning district ensures redevelopment of these properties consistent with the various hamlets' character and identity, thereby ensuring that the such identity would not be undermined through the elimination or significant modification to the residential structure, replacement of front lawn and vegetation with parking, commercial driveways and signage, all of which would destroy the present visual quality of these gateways. The creation of a transitional business district is also consistent with the various hamlets' character and identity limiting the advance of strip commercial development, which also undermines the unique functional and visual role these business districts play in preserving community identity.
D.
It is the intent of the Town Board to create a transitional business zoning district which would not result in the adverse effects so described, but would be an economically viable alternative to the existing designation, and consistent with the various hamlets' identity and character. The provisions contained in this article are intended to maintain the unique and historic character of the site through the maintenance of the architecture and streetscape, the consolidation of roadway access, the minimization of parking within the front yard and only permitting those uses within the transitional district which are compatible with said restrictions and the transitional nature of these sites.
§ 85-406 Adoption of J Business District Design Manual.
The J Business District Design Manual dated March 2010, and any amendments thereto, on file in the office of the Town Clerk of the Town of Brookhaven and in the office of the Department of Planning, Environment and Land Management is hereby adopted, incorporated and made a part of §§ 85-404 through 85-411.
§ 85-407 Permitted uses.
[Amended 12-16-2014 by L.L. No. 34-2014, effective 12-23-2014; 7-16-2015 by L.L. No. 13-2015, effective 7-28-2015; 2-14-2019 by L.L. No. 4-2019, effective 2-25-2019; 11-18-2021 by L.L. No. 21-2021, effective 11-30-2021; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
In a J Business District, no building, structure or premises shall be used or occupied and no building or part thereof or other structures shall be so erected or altered, except for one of the following purposes:
A.
Art galleries.
B.
Artist studio, provided all activities take place inside the building.
C.
Bank, without drive-through facility.
D.
Community center.
E.
Day-care facility.
F.
Exhibit hall.
G.
Florist.
H.
Lodge.
I.
Mixed-use buildings, excluding those associated with retail operations.
J.
Museums.
K.
Non-degree-granting instruction/program, except those associated with manufacturing or driver training.
L.
Nonprofit cultural centers.
M.
Offices.
N.
Open farming; provided, however, that no storage of manure 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.
O.
Personal service shops.
P.
Places of worship, parish house, or rectory.
Q.
Single-family or two-family dwellings.
R.
Stand-alone farm stand.
S.
Undertaking establishment.
T.
Veterinary hospital, provided that all activities take place within the building.
§ 85-408 Board of Appeals special permits.
§ 85-409 Accessory uses.
A.
Customary accessory uses, structures and buildings shall be permitted when located on the same lot as the principal authorized use, provided that such uses are clearly incidental to the principal use.
B.
Customary accessory office, retail sales, outdoor display, outdoor seating and cafe use shall be permitted as accessory to art galleries, artist studio, museum or nonprofit cultural center, provided that such uses are clearly incidental to the principal use.
C.
Fences. No fence may be erected having a height greater than four feet from the ground, except as follows:
(1)
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 side lot lines, except that no such fence shall project closer to the street fronting on a side yard than the width of the required side yard or the front foundation line, whichever shall be further from the street; and on a through lot, a six-foot fence may be erected in the rear yard along the two side lot lines, but not closer to the street adjacent to rear of premises than 40 feet. Notwithstanding the foregoing, on corner lots, fences not exceeding six feet in height may be located not closer than eight feet to the front yard line, provided the applicant demonstrates, to the satisfaction of the Commissioner of the Department of Planning, Environment and Land Management, that said fence will not interfere with vehicular traffic sight visibility. In such event, said fence shall be considered a structure requiring a building permit. All such fences shall comply with the site visibility requirements of this Code.
(2)
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 in 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.
(3)
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.
(4)
Use of barbed-wire fencing, ribbon-wire fencing or electrical fencing shall be subject to approval by the Planning Division or, in the event that Planning Division review is not otherwise required, approval by the Zoning Board of Appeals.
D.
Detached storage sheds, not greater than 12 feet in height above surrounding grade and not exceeding 600 square feet in floor area. All storage sheds shall be considered structures; however, storage sheds 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.
E.
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.
F.
Fuel cell facility for on-site consumption.
[Added 1-17-2019 by L.L. No. 1-2019, effective 1-28-2019]
§ 85-410 Prohibited uses.
All uses not expressly permitted are prohibited.
§ 85-411 Dimensional requirements.
A.
Minimum lot area.
(1)
Except as otherwise provided herein, the minimum required lot area shall be 15,000 square feet.
C.
Minimum front yard setback.
(1)
Except as otherwise provided herein, the minimum required front yard setback for all buildings shall be 40 feet or the average setback along the street, whichever is greater.
D.
Minimum side yard setback.
(1)
Except as otherwise provided herein, the minimum required side yard setback shall be 10 feet.
E.
Minimum rear yard setback.
(1)
Except as otherwise provided herein, the minimum required rear yard setback shall be 40 feet.
§ 85-424 J Business 2 District (General Business).
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]
§ 85-425 Permitted uses.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016; 2-14-2019 by L.L. No. 4-2019, effective 2-25-2019; 5-23-2019 by L.L. No. 10-2019, effective 6-3-2019; 11-18-2021 by L.L. No. 21-2021, effective 11-30-2021; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
In a J Business 2 District, no building or structure shall be used or occupied and no building or part thereof or other structures shall be so erected or altered, except for one or more of the following purposes:
A.
Art galleries.
B.
Assembly and social recreation hall.
C.
Automobile parking field.
D.
Bank with or without accessory drive-through facility.
E.
Bar, tavern or pub.
F.
Billiard hall.
G.
Bowling alley.
H.
Catering hall.
I.
College or university, excluding dormitories and other college, university, or school residential facilities.
J.
Commercial center.
K.
Day-care facility.
L.
Delicatessen.
M.
Dog/pet day care.
N.
Dry cleaners.
O.
Exhibit halls.
P.
Health club.
Q.
Indoor recreation.
R.
Laundromats.
S.
Live performance and community theater.
T.
Lodge.
U.
Movie theater, community.
V.
Museum.
W.
Non-degree-granting instruction/program, except those associated with manufacturing or driver training.
X.
Nursery/garden center.
Y.
Office.
Z.
Personal service shops.
AA.
Pharmacy with or without accessory drive-through facility.
BB.
Places of worship, parish house, or rectory.
CC.
Public, private school or parochial school with or without dormitory facilities.
DD.
Restaurant.
EE.
Retail sales establishment.
FF.
Shops and stores for the sale at retail of consumer merchandise and services.
GG.
Shops for custom work and for making articles to be sold at retail on the premises.
HH.
Take-out restaurant.
II.
Undertaking establishments.
JJ.
Veterinary hospital, provided that all activities take place within the building.
KK.
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.
§ 85-426 Town Board special permits.
§ 85-427 Planning Board special permits.
[Amended 5-12-2016 by L.L. No. 12-2016, effective 5-25-2016; 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016; 12-17-2020 by L.L. No. 15-2020, effective 12-28-2020; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024; 10-9-2025 by L.L. No. 11-2025, effective 10-20-2025]
§ 85-428 Accessory uses.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016; 1-17-2019 by L.L. No. 1-2019, effective 1-28-2019; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
Customary accessory uses, structures and buildings shall be permitted when located on the same lot as the principal authorized use, provided that such uses are clearly incidental to the principal use and do not include any activity conducted as a business.
§ 85-429 Town Board special permits for accessory uses.
§ 85-430 Planning Board special permits for accessory uses.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
§ 85-431 Prohibited uses.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]
All uses not expressly permitted are prohibited.
§ 85-432 Dimensional criteria.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]
A.
Minimum lot area.
(1)
Except as otherwise provided herein, the minimum required lot area shall be 15,000 square feet.
(2)
The minimum required lot area for a bank or pharmacy with a drive-through facility or major restaurant without a drive-through facility shall be 65,000 square feet.
(3)
The minimum required lot area for a commercial center shall be five acres.
B.
Minimum road frontage.
(1)
Except as otherwise provided herein, the minimum required width of road frontage shall be 100 feet.
(2)
The minimum required width of road frontage for a bank or pharmacy with a drive-through facility or major restaurant without a drive-through facility shall be 150 feet.
(3)
The minimum required width of road frontage for a commercial center shall be 300 feet.
(4)
The minimum required width of road frontage for a regional movie theater shall be 300 feet.
D.
Minimum side yard setback.
(1)
Except as otherwise provided herein, the minimum required side yard setback shall be 10 feet.
(2)
The minimum required side yard setback for a bank or pharmacy with a drive-through facility or major restaurant without a drive-through facility shall be 25 feet.
(3)
The minimum required side yard setback for a commercial center or regional movie theater shall be 50 feet.
E.
Minimum rear yard setback.
(1)
Except as otherwise provided herein, the minimum required rear yard setback shall be 25 feet.
(2)
The minimum required rear yard setback for a bank or pharmacy with a drive-through facility or major restaurant without a drive-through facility shall be 40 feet.
(3)
The minimum required rear yard setback for a commercial center or regional movie theater shall be 75 feet.
F.
Maximum permitted floor area ratio (FAR).
(1)
Except as otherwise provided herein, the maximum permitted FAR shall be 35%.
(2)
The maximum permitted FAR for a commercial center or regional movie theater shall be 20%.
(3)
The maximum permitted FAR for a commercial center with a large commercial retailer use shall be 16%.
(a)
Green building incentive. In the event that a large commercial retailer is proposed pursuant to the Leadership in Energy Environmental Design for New Construction (LEED/NC) Green Building Standards, the floor area ratio (FAR) may be increased by 1% for each level of LEED standard achieved, to wit: basic certification (17% FAR), silver certification (18% FAR), gold certification (19% FAR) or platinum certification (greater than 20% FAR). Compliance with LEED certification/standards shall be determined by the Town of Brookhaven.
G.
(Reserved)
§ 85-433 Special permit criteria.
[Amended 5-12-2016 by L.L. No. 12-2016, effective 5-25-2016; 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016; 2-14-2019 by L.L. No. 4-2019, effective 2-25-2019; 7-15-2021 by L.L. No. 11-2021, effective 7-21-2021; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024; 10-9-2025 by L.L. No. 11-2025, effective 10-20-2025]
In addition to the criteria set forth within Article VI, § 85-67, or Article VIII, § 85-107, the following special permit criteria shall be required for the uses so indicated:
A.
Bar, tavern, or pub.
(1)
The maximum gross floor area shall not exceed 4,999 square feet.
(2)
No outdoor storage of kegs, crates or empty bottles/cans shall be permitted. A dumpster enclosure for one dumpster for rubbish, as well as one dumpster for cardboard recycling. The dumpster enclosure shall consist of walls measuring eight feet in height, which complements the building facade.
(3)
The above use shall be prohibited within 500 feet of the lot line of residentially zoned or used properties.
(4)
A maintenance plan shall be provided for management of litter and general upkeep of the premises.
(5)
Two designated loading spaces required near the entrance.
B.
Convenience store.
(1)
Freestanding convenience stores.
(a)
One off-street truck loading space with a minimum width of 12 feet and a minimum length of 40 feet shall be required. Aisles and turning areas shall provide adequate internal circulation, as determined by the Planning Board.
(b)
All aisles within parking areas shall have a minimum width of 24 feet.
(c)
A dumpster enclosure for one dumpster for rubbish, as well as one dumpster for cardboard recycling, unless adequate space for cardboard recycling storage can be demonstrated by the applicant within the convenience store. The dumpster enclosure shall consist of walls measuring eight feet in height, which complements the building facade.
(d)
Buffers and plantings shall be in accordance with § 85-50B(2)(b), except that the rear yard setback shall be 25 feet. Said buffers and plantings shall be maintained and dead or diseased plantings shall be replaced as necessary.
(e)
A minimum six-foot-high solid (opaque) fence shall be placed along any property line adjacent to a residential district or use.
(f)
Outdoor sales, storage and display of goods shall be prohibited.
(g)
Neon lights in windows shall be prohibited.
(h)
Waste receptacles for customer use shall be provided and maintained on site.
(i)
A maintenance plan shall be provided for management of litter and general upkeep of the premises.
(j)
The required minimum lot size shall be one acre, unless the Planning Board, in its discretion, and upon a finding of compliance with the criteria set forth in Subsection A(1)(a) through (h) above, and Article VIII, § 85-107, approves a small lot size of no less than 1/2 acre. In considering a lot size smaller than one acre, the Planning Board shall impose the following conditions:
(2)
Shopping center convenience stores and PADs.
(a)
Unless otherwise required by a previous site plan approval, a dumpster enclosure shall be provided for one dumpster for rubbish, as well as one dumpster for cardboard recycling, unless adequate space for cardboard recycling storage can be demonstrated by the applicant within the convenience store. The dumpster enclosure shall consist of walls measuring eight feet in height, which complements the building facade.
(b)
Outdoor sales, storage and display of goods shall be prohibited.
(c)
Neon lights in windows shall be prohibited.
(d)
Waste receptacles for customer use shall be provided and maintained on site.
(e)
A maintenance plan shall be provided for management of litter and general upkeep of the premises.
(f)
The minimum lot size shall be 65,000 square feet unless the Planning Board, in its discretion and upon a finding of compliance with the criteria set forth in Subsection A(1)(a) through (h) above and Article VIII, § 85-107, may approve a smaller lot size of no less than 0.75 acre. In considering a lot size smaller than 65,000 square feet, the Planning Board shall impose the following conditions:
C.
Large commercial retailer.
(1)
A minimum of 35% of the site shall be maintained as natural and/or landscaped area.
D.
Major restaurant (with or without drive-through facility).
(1)
A minimum landscaped area of 50 feet shall be maintained adjacent to all road frontages.
(2)
A minimum of 35% of the site shall be maintained as natural and/or landscaped area.
(3)
Architectural elevations shall be subject to the review and approval of the Planning Board, and/or shall be in compliance with the recommendation of the adopted local land use, hamlet or corridor study. Vivid and/or reflective colors shall be prohibited.
(4)
No exterior menu board signs shall be located within the required front yard setback.
(5)
No indoor or outdoor play area shall be located within 40 feet of any street line. No indoor or outdoor play area shall be located within a front yard.
(6)
A minimum natural or landscaped buffer area as required by the land development standards of this chapter.
(7)
Queuing lanes shall be separate and distinct from parking aisles.
F.
Indoor smoking establishments:
(1)
Shall be prohibited within a 500-foot radius of any area zoned for residential use.
(2)
Shall be prohibited within a one-mile radius of another such use.
(3)
Shall be prohibited within 1,000 feet of the lot line of any premises used for a school, church or other place of religious worship, park, playground, or playing field, library, hospital or similar public or semipublic place of general congregation, or non-degree-granting instruction/programs.
G.
Outdoor or overnight parking of registered vehicles.
(1)
Outdoor or overnight parking of registered vehicles shall be set back a minimum distance of 50 feet from any roadway.
(2)
All outdoor or overnight parking of registered vehicles shall be screened from view with fencing, landscaping and in accordance with a site plan, which shall be subject to the review and approval of the Planning Board.
(3)
There shall be no outdoor or overnight parking of registered vehicles within the primary or secondary front yard.
H.
Outdoor display.
(1)
All outdoor display shall be set back a minimum distance of 25 feet from any roadway. The entire portion of the outdoor display setback shall be landscaped in accordance with an approved site plan.
I.
Outside seating as an accessory use to a take-out restaurant, restaurant, or major restaurant use.
(1)
Outside seating shall be permitted for food service purposes only.
(2)
Between the hours of 11:00 p.m. and 8:00 a.m., outdoor loudspeakers, exterior live entertainment or dancing of any kind shall be prohibited.
(3)
Within 1,000 feet of any residential use or zone, outdoor loudspeakers, exterior live entertainment or dancing of any kind shall be prohibited.
(4)
Within 250 feet of any residence, outdoor seating shall be prohibited.
(5)
Outside seating shall be permitted on the subject parcel only.
J.
Single-family dwelling or two-family dwelling.
(1)
Minimum lot area for a two-family dwelling shall be 20,000 square feet.
(2)
A minimum of 10% of the parcels along the same roadway frontage within 500 feet in either direction of the subject parcel shall be of a residential use. The applicant shall provide a 500-foot list demonstrating same.
(3)
A minimum of 50% of the parcels in a surrounding 500-foot radius shall be of a residential use. The applicant shall provide a 500-foot radius map demonstrating same.
(4)
Any additional or accessory use beyond customary home occupations as stated in the code or as determined by the Building Division shall be restricted. No other principal permitted uses, or accessory uses within this zone, shall be permitted.
K.
Smoke shop and vape shop.
(1)
Smoke shop and vape shops shall be prohibited within 1,000 feet of the lot line of any park, playground, religious institution, or school; and
(2)
Shall be prohibited where there are residences within a mixed-use building; and
(3)
No smoke shop and vape shop shall be located within 500 feet of another hookah or vape lounge or vape store.
§ 85-434 through § 85-444. (Reserved) [1]
[1]
Editor's Note: Former § 85-434, Exemption, was repealed 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016.
§ 85-445 J Business 4 District (Professional and Business Offices).
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]
§ 85-446 Permitted uses.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016; 6-27-2019 by L.L. No. 14-2019, effective 7-8-2019; 11-18-2021 by L.L. No. 21-2021, effective 11-30-2021; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
In a J Business 4 District, no building or structure shall be used or occupied and no building or part thereof or other structures shall be so erected or altered, except for one or more of the following purposes:
§ 85-447 (Reserved) [1]
[1]
Editor's Note: Former § 85-447, Planning Board special permits, as amended, was repealed 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024.
§ 85-448 Accessory uses.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]
Customary accessory uses, structures and buildings shall be permitted when located on the same lot as the principal authorized use, provided that such uses are clearly incidental to the principal use and do not include any activity conducted as a business.
A.
Fuel cell facility for on-site consumption.
[Added 1-17-2019 by L.L. No. 1-2019, effective 1-28-2019]
§ 85-449 Planning Board special permits for accessory uses.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
§ 85-450 Prohibited uses.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]
All uses not expressly permitted are prohibited.
§ 85-451 Dimensional criteria.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]
A.
Minimum lot area.
(1)
Except as otherwise provided herein, the minimum required lot area shall be 10,000 square feet.
(2)
The minimum required lot area for a bank with a drive-through facility shall be 65,000 square feet.
(3)
The minimum required lot area for an office use with an accessory restaurant or take-out restaurant use shall be three acres.
D.
Minimum side yard setback.
E.
Minimum rear yard setback.
(1)
Except as otherwise provided herein, the minimum required rear yard setback shall be 25 feet.
§ 85-452 Special permit criteria.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]
In addition to the criteria set forth within Article VI, § 85-67, or Article VIII, § 85-107, the following special permit use criteria shall be required for the uses so indicated:
A.
Restaurant or take-out restaurant.
(1)
The restaurant or take-out restaurant use may occupy a maximum of 5% of the total gross floor area of the building and shall not exceed a maximum of 3,000 square feet of gross floor area.
(2)
The restaurant or take-out restaurant use shall be located within the office building.
(3)
A maximum of one accessory restaurant or take-out restaurant use shall be permitted per site.
(4)
Freestanding restaurant or take-out restaurant uses shall be prohibited.
(5)
Major restaurants shall be prohibited.
(6)
Advertisements, including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structure, including waste disposal receptacles and flags.[1]
[1]
Editor’s Note: Former Subsection B, Uses within a designated Redevelopment Initiative, which immediately followed this subsection, was repealed 12-17-2020 by L.L. No. 15-2020, effective 12-28-2020.
§ 85-459 Permitted uses.
[Amended 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
In a J Business 5 District, no building, structure or premises shall be used or occupied and no building or part thereof or other structures shall be so erected or altered, except for one or more of the following purposes:
§ 85-460 Town Board special permits.
[Amended 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
The following special permit uses, when authorized by the Town Board, shall be subject to the criteria as set forth in this chapter, in addition to the criteria contained herein:
§ 85-461 Planning Board special permits.
[Amended 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014; 5-21-2015 by L.L. No. 11-2015, effective 6-2-2015; 12-17-2020 by L.L. No. 15-2020, effective 12-28-2020; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
The following special permit uses, when authorized by the Planning Board, shall be subject to the criteria as set forth in this chapter, in addition to the criteria contained herein:
A.
Convenience store, unless such convenience store is accessory to a motor vehicle fueling station, in which case a Town Board special permit is required pursuant to this chapter.
B.
Major restaurant without accessory drive-through.
C.
Mini-storage warehouse.
D.
Motor vehicle rental.
F.
Nursery/garden center.
G.
Off-track betting parlor.
H.
Outside display.
I.
Retail sales.
J.
Stone and mason supply.
K.
Taxi and limousine station.
L.
Night club or dance hall.
§ 85-462 Accessory uses.
[Amended 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014; 1-17-2019 by L.L. No. 1-2019, effective 1-28-2019; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
Customary accessory uses, structures and buildings shall be permitted when located on the same lot as the principal authorized use, provided that such uses are clearly incidental to the principal use and do not include any activity conducted as a business.
§ 85-463 Town Board special permits for accessory uses.
[Amended 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
The following special permit uses, when authorized by the Town Board, shall be subject to the criteria as set forth in this chapter, in addition to the criteria contained herein:
A.
Convenience store as an accessory use to a motor vehicle fueling station.
§ 85-464 Planning Board special permits for accessory uses.
[Amended 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]
The following special permit uses, when authorized by the Planning Board, shall be subject to the criteria as set forth in this chapter, in addition to the criteria contained herein:
A.
Outside seating as an accessory use to a major restaurant.
§ 85-465 Prohibited uses.
[Amended 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]
All uses not expressly permitted are prohibited.
§ 85-466 Dimensional criteria.
[Amended 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014]
A.
Minimum lot area.
(1)
Except as otherwise provided herein, the minimum required lot area shall be 20,000 square feet.
(2)
The minimum required lot area for a convenience store, marina, motor vehicle fueling station, motor vehicle rental, motor vehicle repair use, or taxi and limousine station shall be one acre or, in the case of convenience stores only and if certain conditions are met pursuant to this chapter, one-half acre may be the minimum lot size.
(3)
The minimum required lot area for a mega-laundromat, motor vehicle fueling station with an accessory convenience store, motor vehicle wash or accessory motor vehicle repair use shall be 65,000 square feet.
(4)
The minimum required lot area for a motor vehicle fueling station, major restaurant, commercial boat storage facility, ship yard or boat repair yard shall be two acres.
(5)
The minimum required lot area for a motor vehicle dealership or ferry terminal/facility shall be five acres.
(6)
The minimum required lot area for three or more of the following uses, special permit uses, or special permit accessory uses: convenience store, motor vehicle fueling station, motor vehicle repair use or motor vehicle wash, on the same parcel resulting in any combination of those uses, shall be the sum of the required lot areas of each individual use, as if each were the principal use.
(7)
The minimum required lot area for a regional theater shall be 10 acres.
B.
Minimum width of lot throughout.
(1)
Except as otherwise provided herein, the minimum required width of lot throughout shall be 150 feet.
(2)
The minimum required width of lot throughout for a ferry terminal/facility or motor vehicle dealership shall be 200 feet.
(3)
The minimum required width of lot throughout for a regional theater shall be 300 feet.
§ 85-467 Special permit criteria.
[Amended 10-28-2014 by L.L. No. 21-2014, effective 11-4-2014; 5-21-2015 by L.L. No. 11-2015, effective 6-2-2015; 12-19-2017 by L.L. No. 24-2017, effective 1-8-2018; 12-17-2020 by L.L. No. 15-2020, effective 12-28-2020; 7-15-2021 by L.L. No. 11-2021, effective 7-21-2021; 9-13-2022 by L.L. No. 11-2022, effective 9-26-2022; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
In addition to the criteria set forth in this chapter, the following special permit criteria shall be required for the uses so indicated:
A.
Commercial boat storage, whether indoor or outdoor.
(1)
Outdoor boat rack storage shall not exceed 35 feet high, inclusive of all boats and appurtenances, with a maximum of a two-level dry rack storage system.
(2)
The location of the rack storage shall be determined by the Planning Board.
(3)
Screening, buffers and fencing shall be provided in accordance with the land development standards.
B.
Convenience store as an accessory and incidental use to a permitted motor vehicle fueling station.
(1)
Parking and stacking areas required for the fueling pumps shall not be counted as parking for the convenience store. The applicant must demonstrate that the convenience store has sufficient parking allocated so that there will be no interference with the fueling station operation. In connection therewith, the applicant must demonstrate a plan whereby vehicles wishing to receive fueling services can do so without inconvenience due to the operation of the convenience store.
(2)
All convenience stores shall have public restrooms attached thereto.
(3)
A maximum of 750 square feet of building area shall be devoted to the retail sale and display area, and the total building area shall not exceed 1,500 square feet, except as follows:
(a)
For applications approved prior to September 1, 2022:
[1]
An increase in building area in excess of 1,500 square feet shall require:
[a]
Pine Barrens Credit redemption. Pine Barrens Credit redemption shall be calculated at 0.5 Pine Barrens Credit for each additional 750 square feet of building area; or
[b]
Land use intensification mitigation fee. Payment made to the Joseph Macchia Environmental Preservation Capital Reserve Fund in the amount as established by Town Board resolution for each additional 750 square feet of building area.
(b)
For applications approved after September 1, 2022:
[1]
An increase in building area in excess of 1,500 square feet shall require:
[a]
Land use intensification mitigation fee. Payment made to the Joseph Macchia Environmental Preservation Capital Reserve Fund in the amount as established by Town Board resolution for each additional 750 square feet of building area.
[2]
In no case shall the total building area exceed 3,000 square feet.
(4)
The Planning Board, in conjunction with the site plan, shall approve all signs displayed at the site in connection with the convenience store. Portable or mobile signs advertising any items being sold on the site are prohibited.
(5)
Outside display shall be prohibited.
(6)
A dumpster enclosure for one dumpster for rubbish, as well as one dumpster for cardboard recycling, unless adequate space for cardboard recycling storage can be demonstrated by the applicant within the convenience store. The dumpster enclosure shall consist of walls measuring eight feet in height, which complement the building facade.
(7)
Buffers and plantings in accordance with the land development standards, except that the rear yard setback shall be 40 feet.
(8)
A minimum six-foot-high solid (opaque) fence along any property line adjacent to a residential district or use.
(9)
Waste receptacles for customer use shall be provided and maintained on site.
C.
Freestanding convenience stores.
(1)
One off-street truck loading space with a minimum width of 12 feet and a minimum length of 40 feet shall be required. Aisles and turning areas shall provide good internal circulation.
(2)
All aisles within parking areas shall have a minimum width of 24 feet.
(3)
A dumpster enclosure for one dumpster for rubbish, as well as one dumpster for cardboard recycling, unless adequate space for cardboard recycling storage can be demonstrated by the applicant within the convenience store. The dumpster enclosure shall consist of walls measuring eight feet in height, which complement the building facade.
(4)
Buffers and plantings in accordance with the land development standards.
(5)
A minimum six-foot-high solid (opaque) fence along any property line adjacent to a residential district or use.
(6)
Outdoor sales, storage and display of goods shall be prohibited.
(7)
Waste receptacles for customer use shall be provided and maintained on site.
(8)
A maintenance plan for management of litter and general upkeep of the premises.
(9)
The required minimum lot size shall be one acre, unless the Planning Board, in its discretion and upon a finding of compliance with the criteria set forth in this chapter, Subsection C(1) through (8) above, may approve a small lot size of no less than 1/2 acre. In considering a lot size smaller than one acre, the Planning Board shall impose the following conditions:
D.
Laundromat, mega.
(1)
Minimum of 100 feet from the building to the property lines.
(2)
Minimum of 175-foot natural and undisturbed buffer from any freshwater and/or tidal wetlands.
(3)
Minimum of 150 feet from the property line of the nearest parcel in residential use or zoned for residential use. Said setback requirement shall apply to dumpster enclosures as well.
(4)
No vents or doorways shall face a residential use or residential district.
(5)
A minimum of 30% of the site shall be maintained as landscaped or natural area.
(6)
All vents and mechanicals above the roofline shall be screened from view from all sides with architectural treatment.
(7)
Review by the public entity providing water service.
E.
Major restaurant.
(1)
(2)
A minimum of 35% of the site shall be maintained as natural and/or landscaped area.
(a)
For applications approved prior to September 1, 2022:
[1]
Any waiver or reduction of the minimum landscape area shall require:
[a]
Pine Barrens Credit redemption. Pine Barrens Credit redemption shall be calculated at 0.25 Pine Barrens Credits; or
[b]
Land use intensification mitigation fee. Payment made to the Joseph Macchia Environmental Preservation Capital Reserve Fund in the amount as established by Town Board resolution.
(b)
For applications approved after September 1, 2022:
(3)
No exterior menu board signs shall be located within the required front yard setback.
(4)
Exterior menu board or speakers shall not face any residential use or zone.
(5)
No indoor or outdoor play area shall be located within a front yard.
(6)
There shall be a minimum of 12 queuing spaces for each drive-through window.
(7)
Queuing lanes shall be separate and distinct from parking aisles.
F.
Mini-storage warehouse.
(1)
Storage shall be limited to dead storage only. The storage of explosives, flammable, toxic or otherwise hazardous chemicals and/or other materials shall be prohibited.
(2)
Walls exceeding one story in height, which are visible from off site, shall be architecturally enhanced with pilasters, corbelled cornices, or similar ornamentation to the satisfaction of the Planning Board.
(3)
Storage unit doors shall be screened from visibility from adjoining residentially zoned or residentially developed properties and from public streets to the satisfaction of the Planning Board.
(4)
A minimum natural or landscaped area of 50 feet shall be maintained adjacent to all road frontages.
(5)
All paved areas, including parking and parking aisle areas, shall be screened from view with landscaping or natural areas and/or decorative fencing to the satisfaction of the Planning Board.
(6)
Decorative walls or fencing shall be provided along all setback lines; decorative opaque walls and/or fencing shall be provided along all site property lines which are contiguous with residentially developed and/or zoned properties; other types of fencing may be permitted elsewhere on site subject to Planning Board review and approval.
(7)
Parking stalls and loading areas adjacent to storage buildings may encroach on interior roadway 30 feet or wider, exclusive of required parking stalls, for office(s) or living quarters.
G.
Motor vehicle fueling station.
(1)
The use shall be limited to the retail sale of motor fuels, lubricants and other motor vehicle supplies, including spark plugs, batteries, tires and other minor parts for the repair and upkeep of motor vehicles. Minor repairs and servicing shall be permitted after the review and approval of the Town Board and the issuance of a special permit, except that body and fender work is expressly prohibited.
(2)
No repair work shall be performed in the open. All repair work, excluding emergency service, shall be conducted only between the hours of 7:00 a.m. and 9:00 p.m.
(3)
The overnight storage of registered vehicles shall only be permitted with the review and approval of the Town Board and the issuance of a special permit. There shall be no outdoor storage of dismantled cars.
(4)
A motor vehicle fueling station shall be prohibited within 500 feet from any lot line bounding an area of public assembly, such as a hospital, church, library, playground, school, community center or theater.
(5)
The Planning Board, in conjunction with the site plan, shall approve all signs displayed at the site in connection with the motor vehicle fueling station. Portable or mobile signs advertising any items being sold on the site are prohibited.
(6)
Outside display shall only be permitted with the review and approval of the Town Board and the issuance of a special permit.
(7)
Required standards. The Town Board hereby finds that many of the new public motor vehicle fueling stations and recently remodeled public motor vehicle fueling stations located within the Town of Brookhaven are being designed and constructed as 100% self-service facilities. These facilities do not adequately address the needs of the elderly or the physically impaired, who find it difficult, if not impossible, to operate self-service fueling pumps. In consideration of the foregoing, the following standards shall be required of all self-service public motor vehicle fueling stations:
(a)
At least one public fuel pump island shall be full service for use by the general public or by the physically impaired or elderly persons between the hours of 8:00 a.m. through 8:00 p.m. during any days on which the public fueling station is open for business.
(8)
Curb cuts. A maximum of one curb cut for every 75 feet of road frontage shall be permitted. No part of a strip 25 feet in width adjoining any lot or land in a residence district or adjoining a street intersection shall be used for providing access to the site. Driveways and curb cuts shall have a minimum width of 20 feet and a maximum width of 35 feet at the curbline. Driveways shall be spaced a minimum of 25 feet apart.
(9)
Screening. Buffers and fencing shall be provided in accordance with the land development standards.
H.
Motor vehicle dealership.
(1)
Each site shall contain designated areas for customer and employee parking in addition to outside display and vehicle storage areas.
(2)
All vehicle display shall be set back a minimum distance of 25 feet from any roadway. This setback area must be maintained as a natural or landscaped area in accordance with a site plan, which shall be subject to the review and approval of the Planning Board.
(3)
The loading and unloading of vehicles must take place on site within a designated loading/unloading zone. There shall be no loading or unloading permitted within the front yard.
I.
Motor vehicle rental.
(1)
All rental vehicles shall be screened from view with a hedge, berm and/or decorative wall or fence in accordance with Town standards.
(2)
Accessory uses, including motor vehicle wash and/or vacuum stations, shall be solely for the use of the rental dealership and shall be adequately screened by vegetative planting(s) and/or fencing from all residentially zoned and/or residentially developed properties.
J.
Motor vehicle repair.
(1)
All repair work shall take place within the building. All repair work, excluding emergency service, shall be conducted only between the hours of 7:00 a.m. and 9:00 p.m.
(2)
An area of sufficient size, as determined by the Board, shall be required for the outdoor, overnight parking of registered vehicles with the issuance of a special permit, subject to criteria specified herein. Said area shall be in addition to any depot required by Chapter 66.
(3)
Overhead doors shall not face the street or any residentially zoned or used property.
(4)
No motor vehicle repair shall be erected, altered or used within 200 feet of any premises used for either an elementary or high school, public library, church, hospital or firehouse.
K.
Motor vehicle wash.
(1)
Decorative walls or fencing shall be provided along all setback lines; decorative opaque walls and/or fencing shall be provided along all site property lines which are contiguous with residentially developed and/or zoned properties; other types of fencing may be permitted elsewhere on site subject to Planning Board approval.
(2)
Street frontages shall be fully landscaped and/or shall remain natural with enhancing landscaping and/or revegetation.
(3)
A minimum of 20 queuing spaces for each automatic wash bay and a minimum of five queuing spaces for each self-service wash bay shall be maintained.
(4)
A finishing area sufficient to accommodate a minimum of 10 vehicles for each automatic wash bay and two vehicles for each self-service wash bay shall be maintained.
(5)
Minimum setbacks for all structures and outdoor facilities and/or areas of operations, including but not limited to paved driveways, dumpster enclosure(s), etc., shall be 50 feet from all contiguous residentially developed and/or residentially zoned properties.
(6)
All runoff generated by the operation shall be contained on site; runoff carryover onto an adjoining public right-of-way or contiguous property shall be presumptive grounds for revocation of the special permit.
(7)
Vacuums shall be subject to 100-foot setback from residential uses or residentially zoned parcels; vacuums shall be adequately screened by vegetative planting(s) and/or fencing from all residentially zoned and/or developed properties.
L.
Outside display.
(1)
All display shall be set back a minimum distance of 25 feet from any roadway. The entire portion of the display setback shall be landscaped in accordance with the approved site plan.
M.
Outside seating as an accessory use to a take-out restaurant, restaurant, or major restaurant use.
(1)
Outside seating shall be permitted for food service purposes only.
(2)
Between the hours of 11:00 p.m. and 8:00 a.m., outdoor loudspeakers, exterior live entertainment or dancing of any kind shall be prohibited.
(3)
Within 1,000 feet of any residential use or zone, outdoor loudspeakers, exterior live entertainment or dancing of any kind shall be prohibited.
(4)
Within 250 feet of any residence, outdoor seating shall be prohibited.
(5)
Outside seating shall be permitted on the subject parcel only.
N.
Outdoor storage.
(1)
All outdoor storage shall be screened from visibility from adjoining roadways with landscaping and/or decorative fencing in accordance with Town standards.
(2)
Outdoor storage within the primary or secondary front yard shall be prohibited.
(3)
Outdoor storage shall be set back a minimum distance of 50 feet from any roadway and 25 feet from any side or rear property line.
O.
Stone and mason supply and nursery/garden center.
P.
Taxi and limousine station.
(1)
All vehicles shall be screened from view with a hedge, berm and/or decorative wall or fence in accordance with Town standards.
(2)
Passenger vehicles shall be limited to fewer than 20 passengers.
(3)
Accessory uses, including motor vehicle wash and/or vacuum stations, shall be solely for the use of the taxi or limousine station and shall be adequately screened by vegetative planting(s) and/or fencing from all residentially zoned and/or residentially developed properties.
§ 85-474 Legislative intent.
A.
It is hereby found and determined by the Town Board of the Town of Brookhaven that there exists within the Town a range of many vital planning challenges, from protecting the rich heritage and setting of our Town, to preserving the sense of place that main street centers and traditional neighborhoods provide to the surrounding communities. The Main Street Business District will allow for development and redevelopment of fully integrated mixed-use pedestrian-oriented main street centers.
B.
Main Street Business Districts will be designated in those long-established downtown areas, central business districts, and/or main street areas, and existing or planned future adjacent areas that have commercial and/or mixed-use development with a storefront character. Main streets are designed to give priority to pedestrians and provide transit service, when available.
§ 85-475 Adoption of Main Street Business Design Manual.
The Main Street Business Design Manual dated July 2003, and any amendments thereto, on file in the office of the Town Clerk of the Town of Brookhaven and in the office of the Town of Brookhaven Department of Planning, Environment and Land Management is hereby adopted, incorporated and made a part of §§ 85-474 through 85-485.
§ 85-476 Permitted uses.
[Amended 10-28-2014 by L.L. No. 26-2014, effective 11-4-2014; 2-14-2019 by L.L. No. 4-2019, effective 2-25-2019; 8-8-2019 by L.L. No. 20-2019, effective 8-15-2019; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
In the MSB District, no building, structure or premises shall be used or occupied and no building or part thereof or structure shall be erected or altered, except for one or more of the following purposes:
A.
Artist studio.
B.
Assembly and social recreation hall.
C.
Bank with or without accessory drive-through facility.
D.
Bar, tavern or pub.
E.
Billiard hall.
F.
Catering hall.
G.
Community movie theater.
H.
Convenience store with GFA not exceeding 1,000 square feet.
I.
Delicatessen.
J.
Dry cleaner.
K.
Health club.
L.
Indoor recreation.
M.
Laundromat.
N.
Live performance community theater.
O.
Lodge.
P.
Major restaurant, without accessory drive-through.
Q.
Museum.
R.
Non-degree-granting instruction/programs, except those associated with manufacturing or driver training.
S.
Office.
T.
Personal service shops.
U.
Pharmacy, without drive-through.
V.
Place of worship.
W.
Restaurant.
X.
Retail sales establishment.
Y.
Second story of building restricted to residential or office use.
Z.
Shops for custom work and for making articles to be sold at retail on the premises.
AA.
Take-out restaurant.
BB.
Undertaking establishment (funeral home).
CC.
Veterinary hospital, provided that all activities take place within the building.
§ 85-477 Town Board special permits.
[Amended 10-28-2014 by L.L. No. 26-2014, effective 11-4-2014]
The following special permit uses, when authorized by the Town Board, after a public hearing, shall be subject to the criteria set forth in this chapter, in addition to the criteria contained herein:
A.
Hotel.
B.
Major restaurant, with accessory drive-through.
C.
Pharmacy, with accessory drive-through.
D.
Third story of building restricted to residential use.
E.
Private or public automobile parking field or garage for automobiles and commercial vehicles with a gross vehicle weight rating of less than 10,000 pounds.
§ 85-478 Planning Board special permits.
[Amended 10-28-2014 by L.L. No. 26-2014, effective 11-4-2014; 11-18-2021 by L.L. No. 21-2021, effective 11-30-2021; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024; 10-9-2025 by L.L. No. 11-2025, effective 10-20-2025]
The following special permit uses, when authorized by the Planning Board, shall be subject to the criteria as set forth in this chapter, in addition to the criteria contained herein:
§ 85-479 Accessory uses.
A.
Customary accessory uses, structures and buildings shall be permitted when located on the same lot as the principal authorized use, provided that such uses are clearly incidental to the principal use and do not include any activity conducted as a business.
B.
In addition to the criteria set forth in this article, the following accessory use criteria shall be required for the uses so indicated:
(2)
Outside seating for a restaurant, major restaurant or cafe, delicatessen, bar, tavern, nightclub shall be for food service purposes only, subject to the following:
[Amended 7-15-2021 by L.L. No. 11-2021, effective 7-21-2021]
(d)
Between the hours of 11:00 p.m. and 8:00 a.m., or within 1,000 feet of any residence district, outdoor loudspeakers, exterior live entertainment or dancing of any kind shall be prohibited.
(e)
Between the hours of 11:00 p.m. and 8:00 a.m., or within 250 feet of any residence, outdoor seating shall be prohibited.
(f)
Outside seating shall be permitted on the subject parcel only.
C.
Walk-up counter or service window for a restaurant, major restaurant, cafe or delicatessen.
D.
Fuel cell facility for on-site consumption.
[Added 1-17-2019 by L.L. No. 1-2019, effective 1-28-2019]
§ 85-480 Town Board special permits for accessory uses.
§ 85-481 Prohibited uses.
All uses not expressly permitted are prohibited.
§ 85-482 Dimensional criteria.
Except as otherwise provided herein, all development shall meet or exceed the minimum standards contained within the Town Code of the Town of Brookhaven, including but not limited to the following:
A.
Minimum lot area.
(1)
Except as otherwise provided herein, the minimum required lot area for permitted uses shall be 4,000 square feet.
(2)
The minimum required lot area for a hotel, assembly/social recreation hall, private or public automobile parking field or garage shall be two acres.
[Amended 7-18-2019 by L.L. No. 18-2019]
(3)
The minimum required lot area for a catering hall shall be three acres.
[Added 8-8-2019 by L.L. No. 20-2019, effective 8-15-2019]
B.
Minimum width of lot throughout.
C.
Front yard setback.
(1)
Except as otherwise provided herein, the minimum required front yard setback shall be five feet and the maximum permitted front yard setback shall be 25 feet.
(2)
The minimum required front yard for a hotel, assembly/social recreation hall, regional theater, private or public automobile parking field or garage shall be a minimum of 10 feet and a maximum of 25 feet.
[Amended 7-18-2019 by L.L. No. 18-2019]
D.
Minimum side yard setback.
(1)
Except as otherwise provided herein, the minimum required side yard shall be zero feet.
E.
Minimum rear yard setback.
(1)
Except as otherwise provided herein, the minimum required rear yard shall be 30 feet.
§ 85-483 Special permit criteria.
[Amended 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024; 10-9-2025 by L.L. No. 11-2025, effective 10-20-2025]
In addition to the special permit criteria set forth in Article VI, § 85-67, or Article VIII, § 85-107, the following special permit criteria shall be required for the uses so indicated:
A.
Convenience store.
(1)
Freestanding convenience stores.
(a)
One off-street truck loading space with a minimum width of 12 feet and a minimum length of 40 feet shall be required. Aisles and turning areas shall provide adequate internal circulation, as determined by the Planning Board.
(b)
All aisles within parking areas shall have a minimum width of 24 feet.
(c)
A dumpster enclosure for one dumpster for rubbish, as well as one dumpster for cardboard recycling, unless adequate space for cardboard recycling storage can be demonstrated by the applicant within the convenience store. The dumpster enclosure shall consist of walls measuring eight feet in height, which complements the building facade.
(d)
Buffers and plantings shall be in accordance with § 85-50B(2)(b), except that the rear yard setback shall be 25 feet. Said buffers and plantings shall be maintained and dead or diseased plantings shall be replaced as necessary.
(e)
A minimum six-foot-high solid (opaque) fence shall be placed along any property line adjacent to a residential district or use.
(f)
Outdoor sales, storage and display of goods shall be prohibited.
(g)
Neon lights in windows shall be prohibited.
(h)
Waste receptacles for customer use shall be provided and maintained on site.
(i)
A maintenance plan shall be provided for management of litter and general use of the premises.
(j)
The required minimum lot size shall be one acre, unless the Planning Board, in its discretion, and upon a finding of compliance with the criteria set forth in Subsection A(1)(a) through (h) above, and Article VIII, § 85-107, approves a small lot size of no less than 1/2 acre. In considering a lot size smaller than one acre, the Planning Board shall impose the following conditions:
(2)
Shopping center convenience stores and PADs.
(a)
Unless otherwise required by a previous site plan approval, a dumpster enclosure shall be provided for one dumpster for rubbish, as well as one dumpster for cardboard recycling, unless adequate space for cardboard recycling storage can be demonstrated by the applicant within the convenience store. The dumpster enclosure shall consist of walls measuring eight feet in height, which complements the building facade.
(b)
Outdoor sales, storage and display of goods shall be prohibited.
(c)
Neon lights in windows shall be prohibited.
(d)
Waste receptacles for customer use shall be provided and maintained on site.
(e)
A maintenance plan shall be provided for management of litter and general upkeep of the premises.
(f)
The minimum lot size shall be 65,000 square feet unless the Planning Board, in its discretion and upon a finding of compliance with the criteria set forth in Subsection A(1)(a) through (h) above and Article VIII, § 85-107, may approve a smaller lot size of no less than 0.75 acre. In considering a lot size smaller than 65,000 square feet, the Planning Board shall impose the following conditions:
C.
Drive-through facility.
(1)
Drive-through facilities may only be located to the rear or the side of the principal building.
(2)
Rear yard drive-through facilities shall have no direct roadway access.
(3)
Side yard drive-through facilities shall have a one-way access exiting the site for only the drive-through facility.
(4)
Drive-through facilities shall not traverse through any front yard.
(5)
Queuing shall be provided pursuant to Town Code standards.
(6)
Drive-through facilities shall be screened from view of the primary or secondary main street.
D.
Public or private parking garage.
(1)
Parking garages shall be located to the rear of a Main Street Business District. Frontage along the main street district shall be limited to a single point of access with a maximum width of 50 feet. Additional frontage shall be required adjacent to a secondary roadway or municipal or shared parking area.
F.
Smoke shop and vape shop.
(1)
Smoke shop and vape shops shall be prohibited within 1,000 feet of the lot line of any park, playground, religious institution, or school; and
(2)
Shall be prohibited where there are residences within a mixed-use building; and
(3)
No smoke shop and vape shop shall be located within 500 feet of another hookah or vape lounge or vape store.
§ 85-484 Minimum site improvements.
Except as otherwise provided herein, all development shall meet or exceed the minimum standards contained within the Town Code of the Town of Brookhaven, and comply with the following requirements:
A.
Building design and architecture:
(1)
Architectural elevations shall be submitted for review and approval to the Department of Planning, Environment and Land Management at the time of site plan submission.
(2)
All architectural elevations and building design shall comply with the design standards contained in the Main Street Business Design Manual and any amendments thereto.
(3)
The Department of Planning, Environment and Land Management reserves the right to require additional architectural amenities.
(4)
Existing structures on the site cannot be modified or altered without the approval of the Department of Planning, Environment and Land Management.
(5)
Modifications to the above-referenced design standards shall require the review and approval of the Planning Board.
B.
Landscaping/Buffering.
(1)
A landscaping and buffering plan shall be submitted for review and approval to the Department of Planning, Environment and Land Management at the time of site plan submission.
(3)
All uses shall maintain a minimum perimeter buffer area of 25 feet adjacent to any residential zoning district.
(4)
All planting street trees and landscaping as required pursuant to an approved landscaping plan shall be completed prior to the issuance of a certificate of occupancy.
(5)
Existing landscaping and buffering on the site cannot be modified or altered without the prior approval of the Department of Planning, Environment and Land Management.
§ 85-485 Zoning incentives.
In order to encourage development in accordance with this article, the Planning Board is authorized, as part of its site plan review, to grant zoning incentives, as set forth herein, for development that offers special identified public benefits.
A.
The Planning Board is authorized to grant zoning incentives, including, but not limited to, increasing the FAR, reducing parking requirements or other land development standards as deemed appropriate for the development, dedication or contribution of one or more of the following:
(1)
Public parking: municipal or public parking provided in addition to the minimum required on-site parking and excluding any fee paid in lieu of providing required on-site parking requirements.
(2)
Sewage treatment plant capacity: the provision of additional sewer capacity, which is in excess of minimum, required on-site demand.
(3)
Civic/Park space. The civic/park space incentives approved by the Planning Board shall include those types of parks and open space as set forth in the Main Street Business District Design Manual.
(4)
Downtown infrastructure improvements: infrastructure improvements in the form of street furniture, lighting, pavers, plazas and related public amenities, which exceed the minimum Town requirements.
B.
In order for the Planning Board to determine the request for the zoning incentive, the applicant(s)/owner(s) shall submit, at the time of site plan submission, the following information:
(1)
The requested incentive.
(2)
The economic value of the amenity to the public;
(3)
A summary describing the benefits to be provided to the public by the proposed incentive; and
(4)
Documentation to demonstrate that adequate facilities exist for the additional demand generated by the proposed zoning incentive.
(5)
Any additional information as may be required by the Planning Board
§ 85-497 Legislative intent.
The Town Board hereby finds and determines that the substantial growth of business, industry and tourism within the Town during recent decades has given rise to an increasing demand for the development of hotels, motels and similar kinds of lodging facilities. Therefore, it is this Board's intent and goal to better provide to meet this need by the creation of new zoning district classification in order to encourage and permit appropriate development of well-sited and well-designed establishments of this type, in an environmentally sensitive manner, and which is compatible with existing development patterns and uses.
§ 85-498 Permitted uses.
[Amended 1-17-2019 by L.L. No. 1-2019, effective 1-28-2019]
In the J Business 8 District, no building, structure, or premises shall be used or occupied and no building or part thereof or structure shall be erected or altered, except for one of more of the following uses:
A.
Hotels and motels, including residence hotels.
B.
Customary accessory uses, structures and buildings shall be permitted when located on the same lot as the principal authorized use, provided that such uses are clearly incidental to the principal use and do not include any activity conducted as a business.
(1)
Fuel cell facility for on-site consumption.
§ 85-499 (Reserved) [1]
[1]
Editor’s Note: Former § 85-499, Planning Board special permits, was repealed 12-17-2020 by L.L. No. 15-2020, effective 12-28-2020.
§ 85-500 Requirements.
All development and construction in the J Business 8 District is subject to compliance with the following requirements, standards and criteria:
B.
Dimensional requirements.
(1)
All building setbacks shall be equal to building height.
(2)
Fifty-foot minimum setbacks for all outdoor recreational areas.
(3)
A minimum of two stories and a maximum of four stories.
(4)
Fifty-foot maximum building height.
(5)
Fifteen-percent maximum lot occupancy, except where convention center facilities are included within the principal structure, lot occupancy may be increased to a maximum of 17%.
(6)
Minimum of 1,250 square feet of lot area per sleeping room.
(7)
Minimum road frontage: 300 feet.
C.
The Town Board may, upon its enactment to include any lands within the J Business 8 (Hotel-Motel) Zoning Classification District, condition such enactment upon the applicant receiving a variance from the Board of Appeals waiving or varying any of the dimensional requirements set forth hereinabove in this article, upon the Zoning Board's finding and determination that among the other factors to consider as set forth in § 85-57B said waiver would not be detrimental to the surrounding area and not result in substantial adverse impacts to the natural environment and/or physical conditions of the surrounding area.
D.
All proposed development in this zoning district shall be subject to site plan review and approval by the Planning Board.
E.
Design criteria. All development located within this zoning district shall be subject to the following criteria:
(1)
Fully landscaped front yard.
(2)
A one-hundred-foot-wide natural and/or revegetated buffer shall be established along all lot lines, except access driveways and/or walkways.
(3)
Perimeter fencing for all outdoor recreational areas.
(4)
Outdoor lighting shall be inwardly directed and designed to eliminate and/or minimize light spillage and/or deflection to neighboring properties.
(5)
No independent public exterior access shall be permitted for accessory uses and/or structures.
(6)
Outside storage of commercial equipment of any kind is prohibited.
(7)
Exterior doors of all motel units shall be fully visible to, and open directly onto parking areas.
§ 85-501 Special permit criteria.
A.
Uses within a designated Redevelopment Initiative: Main Street Business District, Multifamily, Planned Retirement Community and Planned Retirement Congregate Housing Community.
(1)
The application shall obtain a minimum redevelopment achievement score of 101 points to 120 points.
(2)
The application shall provide a minimum redevelopment benefit potential score of 80 points.
(3)
Dimensional and density criteria required and specified in the J Business 6 (Main Street Business), MF Residence (Multifamily), PRC Residence (Planned Retirement Community) and PRCHC (Planned Retirement Congregate Housing Community) Districts for permitted uses and accessory uses shall be applicable.
(4)
Special permit criteria required and specified in the J Business 6 (Main Street Business), MF Residence (Multifamily), PRC Residence (Planned Retirement Community) and PRCHC (Planned Retirement Congregate Housing Community) Districts for special permitted uses shall be applicable.
(5)
A minimum of 10% of all units permitted shall be maintained as workforce or affordable units in accordance with Town standards.
(6)
The minimum outdoor recreational area shall be as regulated in MF Residence (Multifamily) and PRC Residence (Planned Retirement Community) Districts.
§ 85-512 Purpose.
The purpose of the Commercial Recreation District is to encourage and provide opportunities and activities for residents of the Town of Brookhaven, which are desirable and necessary for recreational and entertainment purposes. This Commercial Recreation District would also encourage, control such uses and attract new types of private recreation such as sports complexes, amusement and theme parks, movie theme parks and ice-skating rinks.
§ 85-513 Location.
All Commercial Recreation Districts shall be located adjacent to nonresidentially zoned districts or have frontage on, and appropriate access to, the following enumerated major roadways as determined by the Town Board:
A.
New York State Route 25A.
B.
New York State Route 25.
C.
New York State Route 112.
D.
New York State Route 347.
E.
County Road 16.
F.
County Road 46.
G.
County Road 51.
H.
County Road 80.
I.
County Road 83.
J.
County Road 85.
K.
County Road 97.
L.
County Road 101.
M.
Long Island Expressway/Interstate 495 Service Roads.
N.
New York State Route 27 Service Roads.
§ 85-514 Permitted uses.
In a Commercial Recreation (CR) District, no building, structure or premises shall be used or occupied and no building or part thereof or other structures shall be so erected or altered, except for one or more of the following uses:
§ 85-515 Town Board special permits.
§ 85-516 Accessory uses.
[Amended 8-23-2018 by L.L. No. 21-2018, effective 8-31-2018; 1-17-2019 by L.L. No. 1-2019, effective 1-28-2019; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
A.
Customary accessory uses, structures and buildings shall be permitted when located on the same lot as the principal authorized use, provided that such uses are clearly incidental to the principal use.
B.
Game room(s) incidental to a permitted principal use.
C.
Office(s) incidental to a permitted principal use.
D.
Retail sales.
E.
Fuel cell facility for on-site consumption.
F.
Major restaurant as an accessory use to a permitted principal recreational use.
G.
Restaurant as an accessory use to a permitted principal recreational use.
H.
Take-out restaurant as an accessory use to a permitted principal recreational use.
I.
Major restaurant, without a drive-through, as an accessory use to a permitted principal recreational use.
§ 85-517 (Reserved) [1]
[1]
Editor's Note: Former § 85-517, Town Board special permits for accessory uses, was repealed 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024.
§ 85-518 Planning Board special permits for accessory uses.
[Amended 8-23-2018 by L.L. No. 21-2018, effective 8-31-2018; 7-15-2021 by L.L. No. 11-2021, effective 7-21-2021; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
The following special permit uses, when authorized by the Planning Board, shall be subject to the criteria as set forth in Article VIII, § 85-107, in addition to the criteria contained herein:
A.
Outside seating as an accessory use to an accessory restaurant, accessory take-out restaurant or major restaurant without a drive-through.
§ 85-519 Prohibited uses.
All uses not expressly permitted are prohibited.
§ 85-520 Dimensional criteria.
A.
Minimum lot area.
(1)
Except as otherwise provided herein, the minimum required lot area shall be three acres.
(2)
The minimum required lot area for a game farm or water park shall be 10 acres.
(3)
The minimum required lot area for a golf driving range shall be 15 acres.
(4)
The minimum required lot area for all other Town Board special permits shall be 30 acres.
B.
Minimum width of lot throughout.
(1)
Except as otherwise provided herein, the minimum required width of lot shall be 200 feet.
C.
Minimum front, side and rear yard setbacks.
(1)
The minimum required setbacks shall be 50 feet or twice the height of the tallest on-site building, whichever is greater. All Town Board special permit uses shall maintain a minimum setback adjacent to all property boundaries of 100 feet or twice the height of the tallest on-site building, whichever is greater.
§ 85-521 Special permit criteria.
[Added 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
A.
Motorized recreation.
(1)
Minimum lot size shall be one acre for any outdoor motorized recreation facility.
(2)
All outdoor motorized recreation facilities shall be set back a minimum distance of 100 feet from all adjacent residentially zoned or used properties.
(3)
In addition to the buffer required by the underlying zoning district, all outdoor motorized recreation facilities shall be surrounded by an additional minimum twenty-five-foot buffer consisting of natural and undisturbed vegetation, supplemented as needed with a density and quality of plantings equal to five rows of evergreen plantings seven feet high and five feet on center.
(4)
Exterior lighting shall be designed to minimize light pollution impacts to surrounding residential properties to the maximum extent possible, and in accordance with Town Code exterior lighting standards.
(5)
The applicant shall provide a noise mitigation plan for all outdoor motorized recreation facilities, demonstrating appropriate protections to all adjacent residentially zoned or used properties and demonstrating compliance with Chapter 50 of the Brookhaven Town Code.
(6)
The applicant shall provide a plan to mitigate the generation of fugitive dust for all outdoor motorized recreation facilities demonstrating appropriate protections to all adjacent properties as deemed appropriate by the Planning Board.
B.
Outdoor recreation.
(1)
Exterior lighting shall be designed so as to minimize light pollution impacts to surrounding residential properties to the maximum extent possible and in accordance with Town Code exterior lighting standards.
C.
Outside seating as an accessory use to a major restaurant use.
(1)
Outside seating shall be permitted for food service purposes only.
(2)
Between the hours of 11:00 p.m. and 8:00 a.m., loudspeakers, exterior live entertainment or dancing of any kind shall be prohibited.
(3)
Within 1,000 feet of any residential use or zone, outdoor loudspeakers, exterior live entertainment or dancing of any kind shall be prohibited.
(4)
Within 250 feet of any residence, outdoor seating shall be prohibited.
(5)
Outside seating shall be permitted on the subject parcel only.
§ 85-526 K Business District.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]
§ 85-527 Permitted uses.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]
In a K Business District, no building or structure shall be used or occupied and no building or part thereof or other structures shall be so erected or altered, except for one or more of the following purposes:
A.
Boathouses.
B.
Open farming and other agriculture, including poultry, farms, nurseries, greenhouses and truck gardening.
C.
Duck ranches.
D.
All accessory uses permitted in the A Residence District.
E.
Other customary accessory uses and buildings, provided that such uses are clearly incidental to the principal use, including but not limited to one residence.
§ 85-528 Dimensional criteria.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]
A.
Minimum lot area.
(1)
Except as otherwise provided herein, the minimum required lot area shall be 22,500 square feet.
B.
Minimum width of lot throughout.
(1)
Except as otherwise provided herein, the minimum required width of lot throughout shall be 125 feet.
C.
Minimum front yard setback.
(1)
Except as otherwise provided herein, the minimum required front yard setback shall be 40 feet.
D.
Minimum side yard setback.
(1)
Except as otherwise provided herein, the minimum required side yard setback shall be 20 feet.
E.
Minimum rear yard setback.
(1)
Except as otherwise provided herein, the minimum required rear yard setback shall be 60 feet.
§ 85-529 Minimum requirements.
[Amended 7-21-2016 by L.L. No. 20-2016, effective 8-5-2016]
A.
Lot area. In the case of lots which are part of a subdivision plat or map heretofore duly filed in the Suffolk County Clerk's office on April 18, 1954, having an average lot depth of less than 180 feet, a single-family dwelling may be built thereon if the lot has a frontage of not less than 100 feet and an area of at least 15,000 square feet.
B.
Front yard conformity exception. 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 60 feet.
C.
Side yards. In the case of lots which are part of a subdivision plat or map heretofore duly filed in the Suffolk County Clerk's office on April 18, 1954, having an average lot width of less than 125 feet at the building line, a single-family dwelling may be built thereon with the side yard totaling 40 feet, and no one side yard shall be less than 18 feet wide.
D.
Rear yard. In the case of lots which are part of a subdivision plat or map heretofore filed in the Suffolk County Clerk's office on April 18, 1954, having an average lot depth of less than 180 feet, a single-family dwelling may be built thereon with a rear yard of not less than 50 feet.
§ 85-535 Permitted uses.
Permitted uses are as follows:
A.
Any premises wherein the business of operating a pet cemetery is engaged in. The business of operating a pet cemetery is defined as an enterprise whereby any person holds himself out, directly or indirectly, as being able, or who offers or undertakes, by any means or method to dispose of pet remains by earth burial, entombment, interment, cremation or other means.
B.
Other customary accessory uses and buildings, provided that such uses are clearly incidental to the principal use, including but not limited to a pet clinic and one residence to be occupied by a caretaker.
§ 85-536 Minimum requirements.
A.
Lot area. No pet cemetery shall be constructed or operated on a site containing less than five acres, with the exception that any pet cemetery existing prior to enactment of §§ 85-534 through 85-537 that contains less than five acres may continue to be so operated, provided it is otherwise in conformance with the zoning ordinances of the Town of Brookhaven.
B.
The minimum front yard shall not be less than 300 feet in width, and no building, structure or grave shall be located within 50 feet of any road frontage, side yard or rear yard.
§ 85-537 Special requirements for pet cemeteries.
A.
All pet cemeteries shall be operated in conformance with the licensing requirements of the County of Suffolk concerning the licensing of pet cemeteries and pet crematoriums.
B.
In addition to any other requirements contained in this Chapter 85 governing a change of zone, any premises zoned as a pet cemetery may not be changed to another land use category on petition of the property owner unless written notice has been sent by certified or registered mail, return receipt requested, to each and every owner of a pet that has been buried or interred on the premises. Should a petition in opposition to said change in land use classification be submitted by 25% or more of the owners of pets buried or interred on said premises, the Town Board may not change the land use classification except by a three-quarters vote of the entire membership of said Board.
C.
No site plan or certificate of occupancy shall be issued for a use other than a pet cemetery or its accessory uses until a period of not less than 50 years from the date of the last burial or interment of a pet on the site has elapsed unless said new use is designed, constructed and maintained in such a manner as not to disturb any existing graves, mausoleums, vaults or other receptacles in which pet remains have been stored.
D.
Pet cemeteries shall only be permitted within the PC Business District.
§ 85-538 Marine Commercial (MC) District.
[Added 8-2-2018 by L.L. No. 15-2018, effective 8-13-2018]
A.
Purpose. The purpose of the Marine Commercial (MC) District is to encourage waterfront locations for a limited range of water-dependent and water-related uses and provide opportunities and activities for residents of the Town of Brookhaven, which are desirable and necessary for recreation, tourism, and entertainment purposes while maintaining the necessary protections to the waterways, wetlands and residential uses and zones.
§ 85-539 Permitted uses.
[Added 8-2-2018 by L.L. No. 15-2018, effective 8-13-2018]
In a Marine Commercial (MC) District, no building, structure or premises shall be used or occupied and no building or part thereof or other structures shall be so erected or altered, except for one or more of the following uses:
A.
Marinas.
§ 85-540 Permitted accessory uses.
[Added 8-2-2018 by L.L. No. 15-2018, effective 8-13-2018; amended 2-14-2019 by L.L. No. 4-2019, effective 2-25-2019; 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
The following accessory uses shall be permitted only as clearly incidental to a permitted principal use:
A.
Customary accessory uses, structures and buildings shall be permitted when located on the same lot as the principal authorized use, provided that such uses are clearly incidental to the principal use and do not include any activity conducted as a business.
B.
Art gallery.
C.
Barge service.
D.
Boat rentals, including canoes, kayaks and other watercraft.
E.
Boat repair.
F.
Boat sales, including canoes, kayaks and other watercraft and related equipment and accessories.
G.
Commercial boat storage, including winter off-season outdoor storage of boats within designated off-street parking areas, and marina-related equipment and accessories, not including rack storage.
H.
Commercial shipyard or boat repair yard.
I.
Museum.
J.
Non-degree-granting instruction/programs.
K.
Office(s).
L.
Rack storage.
M.
Watchman quarters.
N.
Retail sales.
O.
Take-out restaurant.
P.
Sea tow.
Q.
Visitor center.
R.
Water taxi.
§ 85-541 Planning Board special permits for accessory uses.
[Added 8-2-2018 by L.L. No. 15-2018, effective 8-13-2018; amended 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
The following special permit accessory uses, when authorized by the Planning Board, shall be permitted only as clearly incidental to a permitted principal use and subject to the criteria as set forth in this chapter in addition to the criteria contained herein:
§ 85-542 Prohibited uses.
[Added 8-2-2018 by L.L. No. 15-2018, effective 8-13-2018]
Unless otherwise provided herein, all uses not expressly permitted are prohibited.
§ 85-543 Dimensional criteria.
[Added 8-2-2018 by L.L. No. 15-2018, effective 8-13-2018]
A.
Minimum lot area.
(1)
Except as otherwise provided herein, the minimum required lot area shall be one acre, measured at mean high tide and excluding wetlands, lands under water and surface water.
(2)
Exception: The minimum required lot area for a catering hall shall be three acres, measured at mean high tide and excluding wetlands, lands under water and surface water.
B.
Minimum width of lot.
(1)
Except as otherwise provided herein, the minimum required width of lot shall be 100 feet.
D.
Maximum permitted floor area ratio (FAR).
(1)
Except as otherwise provided herein, the maximum permitted FAR shall be 35%.
E.
Maximum permitted height.
(1)
Except as otherwise provided herein, the maximum permitted building height shall be 35 feet.
(2)
Exception: Rack storage shall not exceed 35 feet high, inclusive of all boats and appurtenances, with a maximum of a two-level dry rack storage system and shall be set back a minimum of 25 feet from any residential use.
§ 85-544 Special permit criteria.
[Added 8-2-2018 by L.L. No. 15-2018, effective 8-13-2018]
In addition to the special permit criteria set forth in this chapter, the following special permit criteria shall be required for the uses so indicated:
A.
Bar, tavern. Live performance/community theater and restaurant.
(1)
Outside loudspeakers, exterior live entertainment or dancing of any kind shall be prohibited between the hours of 11:00 p.m. and 8:00 a.m. and within 1,000 feet of any residential use.
(2)
Additional parking shall be required based on the Table of Parking Requirements: 1 1/2 stalls per two persons legally accommodated.
B.
Catering hall.
(1)
Additional parking shall be required: one stall per two persons legally accommodated.
C.
Charter vessel fishing.
(1)
Additional parking shall be required: one stall per two persons legally accommodated.
E.
Outdoor seating.
[Amended 7-15-2021 by L.L. No. 11-2021, effective 7-21-2021]
(1)
Outside seating shall be permitted for food service purposes only.
(2)
Between the hours of 11:00 p.m. and 8:00 a.m., or within 1,000 feet of any residence district, outdoor loudspeakers, exterior live entertainment or dancing of any kind shall be prohibited.
(3)
Between the hours of 11:00 p.m. and 8:00 a.m., or within 250 feet of any residence, outdoor seating shall be prohibited.
(4)
Outside seating shall be permitted on the subject parcel only.
F.
Outside seating as an accessory use to a major restaurant use.
[Amended 2-22-2024 by L.L. No. 4-2024, effective 2-27-2024]
(1)
Outside seating shall be permitted for food service purposes only.
(2)
Between the hours of 11:00 p.m. and 8:00 a.m., loudspeakers, exterior live entertainment or dancing of any kind shall be prohibited.
(3)
Within 1,000 feet of any residential use or zone, outdoor loudspeakers, exterior live entertainment or dancing of any kind shall be prohibited.
(4)
Within 250 feet of any residence, outdoor seating shall be prohibited.
(5)
Outside seating shall be permitted on the subject parcel only.
§ 85-545 Environmental criteria.
[Added 8-2-2018 by L.L. No. 15-2018, effective 8-13-2018]
In addition to the criteria set forth in this chapter, marina development shall also comply with the following regulations, as may be amended:
C.
Landscaping/buffering.
(1)
Landscaping and buffering plans shall comply with land development standards set forth in this chapter.
(2)
In recognition that marina uses are water-dependent, required buffering shall be applied to adjacent residential uses or zone, excluding waterways.
(3)
All uses shall maintain a minimum perimeter buffer area of 25 feet adjacent to any residential use or zone, excluding waterways.
(4)
A landscaping and buffering plan shall be submitted for review and approval to the Department of Planning, Environment and Land Management.
(5)
Nonnative fertilizer-dependent landscape vegetation species, including formalized turf areas, shall be limited to the maximum extent practicable.
D.
The Planning Board is authorized to grant waivers from compliance with the land development standards, parking standards and the construction standards and specifications, including, but not limited to, paved parking areas, drainage standards, landscape standards and parking standards as deemed appropriate for the development.