Brookhaven |
Code of Ordinances |
Land Use Legislation |
Chapter 85. Zoning |
Article XX. Business Districts |
§ 85-409. Accessory uses.
Latest version.
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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]