eLaws | eCases | Laws of New York | New York Courts | Counties & Cities of New York | Code of Federal Regulations | United States Code |
 Brookhaven
 Code of Ordinances
 Land Use Legislation
 Chapter 85. Zoning
 Article XVIII. Great South Beach in Fire Island National Seashore

  § 85-382. CD Commercial District and OFD Oceanfront Dune District; dimensional requirements.  

Latest version.
  • A. 
    Application of this section.
    (1) 
    This section shall control over §§ 85-379 and 85-380 and, where applicable, shall be utilized in conjunction with §§ 85-376, 85-377, 85-379, 85-380 and 85-383 of this article.
    (2) 
    Any development or construction permitted in §§ 85-379 and 85-380 of this article shall be subject to the building requirements as delineated within this section.
    B. 
    Accessory uses.
    (1) 
    In the CD Commercial District, the following accessory uses shall be permitted when located on the same lot with the authorized use:
    (a) 
    Uses permitted in §§ 85-380C(11) and 85-381B(1)(a) and (c) of this article.
    (b) 
    Signs, as regulated by Subsection J.
    (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.
    C. 
    Height.
    (1) 
    In the CD Commercial District, no building or structure shall be erected to a height in excess of 28 feet or 2 1/2 stories, whichever is greater, 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 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 in 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 residential area(s) affected:
    (a) 
    A church or other place of worship.
    (b) 
    A water tank or standpipe.
    D. 
    Lot occupancy.
    (1) 
    In the CD Commercial District, the total building area of the principal building and any and/or all accessory structures shall not exceed or occupy more than 50% of the total area.
    (2) 
    In the CD Commercial 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.
    E. 
    Front yard. In the CD Commercial District, there shall be a front yard having a depth of not less than 15 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.
    F. 
    Side yards. In the CD Commercial District, there shall be two side yards, one on each side of the building, the total width of both sides to be 10 feet, and no one side yard shall be less than five feet wide.
    G. 
    Rear yard. In the CD Commercial District, there shall be a rear yard having a minimum depth of 20 feet.
    H. 
    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.
    I. 
    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. In addition, the fenced area shall not extend beyond the front of the principal structure. No fence shall be built in such a way as to interfere with 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.
    J. 
    Signs.
    (1) 
    In the CD Commercial District, no illuminating signs 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 four square feet and shall be limited in number to two per premises, to be located on the premises directly in front of the area where the specific use occurs.
    (b) 
    Sign content must be either the name of the specific business establishment or related to the business on the premises.
    (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.
    K. 
    Permitted encroachments. In the CD Commercial 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 and 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.
    L. 
    Exterior lighting. In the CD Commercial District, exterior lighting, including lighting for purposes of security, shall be directed so as not to create a nuisance to neighboring property.
    M. 
    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) 
    Prior to issuance of a building permit, the applicant must obtain the approval of the Brookhaven Town Division of Environmental Protection.
    (6) 
    No excavation shall be permitted in a primary dune.
    N. 
    Minimum habitable area.
    (1) 
    Where two-family dwellings are allowed, no dwelling shall be hereafter erected or altered for two-family dwelling use, unless provision shall be made therein for not less than 1,440 square feet for the minimum ground floor area, exclusive of accessory structures.
    (2) 
    Where multiple dwellings are allowed, no dwelling shall be hereafter erected or altered for multiple-dwelling use, unless provision shall be made therein for not less than 400 square feet of habitable floor area for each family unit.