§ 85-381. RD Residential District and OFD Oceanfront Dune District; dimensional requirements., Article XVIII. Great South Beach in Fire Island National Seashore, Chapter 85. Zoning, Land Use Legislation, Code of Ordinances, Brookhaven

Application of this section.

(1)

This section shall control over §§ 85-378 and 85-379 and, where applicable, shall be utilized in conjunction with §§ 85-376, 85-377, 85-378 and 85-379 of this article.

(2)

Any development or construction permitted in §§ 85-378 and 85-379 of this article shall be subject to the building requirements as delineated within this section.

Accessory uses.

(1)

In the RD Residential District, the following accessory uses shall be permitted when located on the same lot with the authorized use:

(a)

Office of a physician, lawyer, architect, teacher or similar professional person residing on the premises when such use is incidental to such residence; provided, however, that such use shall be within the main building and occupying not more than 1/3 of the first-floor area.

(b)

Signs as regulated by Subsection J.

(c)

Other customary accessory uses, structures and buildings, including but not limited to aboveground swimming pools, sheds for storage, patios, decks and ramps, excluding primary walks, provided that such uses are clearly incidental to the principal use and are not equipped with facilities for cooking. An accessory use does not include any activity commonly conducted as a business.

(d)

Accessory enclosures subject to the following:

[1]

Dimensional requirements: Said structures shall be limited to a maximum height of 10 feet with a combined square footage of 100 square feet.

[2]

Location: Such enclosures may be located on the property owner's access walkway or the Town's right-of-way adjacent to the subject lot.

[3]

The property owner or homeowners' association secures and maintains liability insurance for the benefit of the Town, which policy or coverage is subject to the Town Attorney's approval and in such limits as the Town Attorney from time to time shall determine.

(e)

Existing accessory enclosures shall be permitted, provided that the property owner thereof fully complies with all requirements, set forth in this section, except the dimensional criteria.

(f)

Existing accessory enclosures erected before the date of this enactment which are destroyed or damaged by fire, explosion, acts of God or other causes to the extent of more than 75% of their full value may not be reconstructed or repaired; replacement enclosures shall be permitted so long as in conformity with all applicable requirements set forth in this section.

(g)

Existing gatehouses or accessory structures located on or near a property owner's access walkway shall be permitted from the effective date of this section, provided that where such structures encroach upon the Town's right-of-way, such structures may be permitted so long as the property owner or homeowners' association secures and maintains liability insurance naming the Town as an insured in such limits as the Town Attorney shall determine.

(2)

Any accessory building shall be located on the same lot with the principal building, and no accessory building shall be constructed on a lot until the construction of the main building has actually been commenced, and no accessory building shall be used unless the main building on the lot is completed and used.

(3)

Whenever a use has been authorized by special permit pursuant to § 85-378D, no accessory use shall be permitted unless the same shall have been specifically authorized by the special permit issued.

Height.

(1)

In the RD Residential District, no building or structure shall be erected to a height in excess of 28 feet or 2 1/2 stories, whichever is less, as measured from the average existing ground elevation, but not less than the minimum elevation necessary to meet the prerequisites for federal flood insurance, designated within the Flood Risk Zone by the National Flood Insurance Program/Federal Emergency Management Agency, indicated on the Flood Insurance Rate Map for the Great South Beach, Brookhaven Town, Community Map No. 365-334-B. The rate map shall be on file with both the office of the Town Clerk and the Department of Planning, Environment and Land Management, Brookhaven Town Hall, New York, in compliance with Public Officers Law, Article 6, the New York Freedom of Information Law.

(2)

Accessory buildings shall not exceed 14 feet in height as measured in accordance with the standards enumerated in the map citation of Subsection C(1) of this section.

(3)

The following exceptions shall be permitted, subject to the approval of the Zoning Board of Appeals pursuant to recommendations of the respective advisory committee(s) from the community area(s) affected:

(a)

A church or other place of worship.

(b)

A water tank or standpipe.

Lot occupancy.

(1)

In the RD Residential District, the total building area of the principal building and any and/or all accessory structures shall not exceed or occupy more than 35% of the total lot area.

(2)

In the RD Residential District:

(a)

No building or structure shall be erected, altered or reconstructed on a lot having an area of less than 4,000 square feet, with a minimum frontage of 40 feet.

(b)

Existing lots shall not be subdivided in area below 7,500 square feet, with a frontage of not less than 75 feet.

Front yard. In the RD Residential District, there shall be a front yard having a depth of not less than 20 feet. Where 40% or more of the frontage on that side of the walk and an intersecting walk 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, 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 30 feet.

Side yards. In the RD Residential District, there shall be two side yards, one on each side of the building, the total width of both sides to be 30 feet, and no one side yard shall be less than 12 feet wide, provided that, in the case of a lot having a frontage of less than 75 feet at the building line, a single-family dwelling may be built thereon with the side yards totaling not less than 40% of the lot frontage, the lesser side not less than 16% of the lot frontage.

Rear yard. In the RD Residential District, there shall be a rear yard having a minimum depth of 20 feet.

Average setback. Where property in the vicinity is partly built-up with permanent buildings and structures and an average setback line has been established, no buildings or structures shall be erected or altered so as to project beyond the average setback line so established.

Fences.

(1)

No fence or wall of any type or description shall be erected, in that portion of the Great South Beach, which has a height greater than six feet measured from the elevation of the average ground level of the lot or from the accessory structure upon which the fence is constructed, i.e., deck, patio, etc. At no point shall the height of the fence exceed 10 feet, inclusive of the skirting beneath the deck and/or accessory structure upon which the fence is constructed. In addition, a fence with a maximum height of four feet may extend beyond the front of the principal structure, so long as said fence is not located in the required front yard. No fence shall be built in such a way as to interfere with the fire, health and police regulations of the Town of Brookhaven or impede access of fire, health or police personnel.

(2)

Nonconforming fences may continue such nonconformity until they are destroyed, structurally altered, reconstructed, changed or moved.

Signs.

(1)

In the RD Residential District, no illuminated signs or displays shall be permitted, and no advertising or business sign shall be permitted, nor signs of an obscene nature appealing to the prurient interest or offensive to community standards.

(a)

Signs shall be limited to one square foot and shall be limited in number to one per premises, to be located on the premises.

(b)

Noncommercial signs to be used for public information, orientation or educational purposes may be larger by special permit from the Zoning Board of Appeals. Recommendation(s) of the respective advisory committee(s) for the community area(s) affected shall be received and considered by the Zoning Board of Appeals.

(2)

Nonconforming signs may continue such nonconformity until they are destroyed, structurally altered, reconstructed, changed or moved, but the period of such nonconformity may not exceed two years from the date of enactment of this article.

Permitted encroachments. In the RD Residential District, the following encroachments are hereby permitted:

(1)

Cornices, eaves, gutters and chimneys, projecting not more than 24 inches.

(2)

Bay windows and fireplaces, projecting not more than 24 inches.

(3)

Open unroofed entrance platforms or terraces not wider or deeper than six feet.

(4)

Flagpoles, not to exceed the height of the principal structure.

(5)

Chimneys.

Exterior lighting. In the RD Residential District, exterior lighting, including lighting for purposes of security, shall be directed so as not to create a nuisance to neighboring property.

Swimming pools. Swimming pools are permitted pursuant to the following regulations, provided that the dimensional requirements of this chapter are met:

(1)

No swimming pool shall be installed which at any point is more than six feet below the adjacent ground level.

(2)

No swimming pool may be closer than one foot to groundwater.

(3)

The applicant must demonstrate that all excavated materials are to be placed or removed in such a manner as not to degrade the natural environmental features or vegetation in the area.

(4)

Any such swimming pool shall be deemed a structure and require issuance of a building permit and certificate of occupancy.

(5)

No excavation shall be permitted in a primary dune.

Minimum habitable area. In the RD Residential District, no dwelling shall hereafter be erected or altered for a single-family dwelling unless provision shall be made therein for not less than 720 square feet for the minimum ground floor area, exclusive of accessory structures.