§ 85-184. One-family dwellings; floor area.

A. 

In all use districts, except in Use Districts PRC Residence, MHC Residence, RD Residential and CD Commercial (Great South Beach), no such dwelling shall hereafter be erected or altered for one-family use, unless provision shall be made therein for not less than 1,000 square feet for the minimum floor area for a single-family dwelling, exclusive of attached garages, carports, open porches and open breezeways. In Use Districts RD Residential and CD Commercial (Great South Beach), no dwelling shall hereafter be erected or altered for one-family dwelling use, unless provision shall be made therein for not less than 720 square feet for the minimum ground floor area for a single-family dwelling, exclusive of attached garages, carports, open porches and open breezeways. For one-family dwellings to be constructed on lots less than 50 feet in width pursuant to § 85-883 of the Code of the Town of Brookhaven, the minimum habitable area shall be 700 square feet, and for one-family dwellings to be constructed on lots less than 60 feet but equal to or greater than 50 feet in width pursuant to § 85-883 of the Code of the Town of Brookhaven, the minimum habitable area shall be 700 square feet, and for one-family dwellings to be constructed on lots less than 60 feet but equal to or greater than 50 feet in width pursuant to § 85-883 of the Code of the Town of Brookhaven, the minimum habitable area shall be 850 square feet, all exclusive of attached garages, carports, open porches and open breezeways.

B. 

The computation of floor area shall be as follows except for lots less than 60 feet in lot width:

(1) 

One-story residence, with all rooms on one level: a minimum of 1,000 square feet.

(2) 

One-story residence with expansion attic: A maximum of 200 square feet of the floor area of the second story may be used and applied to the floor area requirements of the dwelling unit. To qualify as floor area, the second floor shall have:

(a) 

Rough flooring installed.

(b) 

A minimum ceiling height of seven feet.

(c) 

Walls or knee walls of not less than four feet in height between which the floor area shall be computed.

(d) 

Access from the floor below by a permanent built-in stairway.

(e) 

At least one window in each gable end.

(3) 

Two-story residence, where both floors have a minimum ceiling height of 7 1/2 feet: A maximum of 300 feet of the floor area of the lower level may be used and applied to the floor area requirements of the dwelling unit. To qualify as floor area, the lower level shall:

(a) 

Have more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.

(b) 

Be completely enclosed by ceilings and sidewalls which have been properly finished with approved construction materials.

(c) 

Have a floor finished with approved construction materials, excluding paint.

(4) 

Raised ranch, where both floors have a minimum ceiling height of 7 1/2 feet: A maximum of 300 feet of the floor area of the lower level may be used and applied to the floor area requirements of the dwelling unit. To qualify as floor area, the lower level shall:

(a) 

Have more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.

(b) 

Be completely enclosed by ceilings and sidewalls which have been properly finished with approved construction materials.

(c) 

Have a floor finished with approved construction materials, excluding, however, paint.

(5) 

Split-level, where the two height levels are completely above finished grade, with minimum ceilings of 7 1/2 feet: A maximum of 250 feet of the floor area of the lowest level may be used and applied to the floor requirements of the dwelling unit. To qualify as floor area, the lowest level shall meet the same standards as those applied to raised ranch homes as noted in Subsection B(4) above.

C. 

This section shall not apply to or in any way affect the minimum habitable area of dwellings erected upon lots shown on a final subdivision plat which has been approved by the Planning Board of the Town of Brookhaven subsequent to the first day of July 1962 and prior to the 22nd day of September 1962, provided that the required performance bonds and fees have been filed with and paid to the Planning Board prior to the 22nd day of September 1962.

D. 

The provisions of the former Building Zone Ordinance of the Town of Brookhaven, in effect prior to January 1, 1988, shall be applicable to dwellings erected upon such lots.