§ 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.

A. 

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:

(1) 

Permitted principal uses:

(a) 

All principal uses permitted and as regulated in the B Residence District.

(b) 

Owner-occupied two-family dwellings.

(2) 

Permitted accessory uses, located on the same lot with the permitted principal use:

(a) 

All accessory uses permitted and as regulated in the B Residence District:

B. 

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.

C. 

Building area. In the D Residence District, the total building area shall not exceed 30% of the total lot area.

D. 

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.

E. 

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.

F. 

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.

G. 

Rear yard. In the D Residence District, there shall be a rear yard having a minimum depth of 30 feet.

H. 

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.

I. 

Additional requirements.

(1) 

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.

(2) 

Parking. No parking in the required front yard. A minimum of two parking spaces per residential dwelling unit shall be provided.

(3) 

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.

(4) 

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.

(5) 

Site plan. With the exception of permitted one-family detached dwellings and permitted agricultural uses, a site plan review and approval shall be required.