§ 85-467. Special permit criteria., Article XX. Business Districts, Chapter 85. Zoning, Land Use Legislation, Code of Ordinances, Brookhaven

Commercial boat storage, whether indoor or outdoor.

(1)

Outdoor boat rack storage shall not exceed 35 feet high, inclusive of all boats and appurtenances, with a maximum of a two-level dry rack storage system.

(2)

The location of the rack storage shall be determined by the Planning Board.

(3)

Screening, buffers and fencing shall be provided in accordance with the land development standards.

Convenience store as an accessory and incidental use to a permitted motor vehicle fueling station.

[Amended 12-19-2017 by L.L. No. 24-2017, effective 1-8-2018]

(1)

Parking and stacking areas required for the fueling pumps shall not be counted as parking for the convenience store. The applicant must demonstrate that the convenience store has sufficient parking allocated so that there will be no interference with the fueling station operation. In connection therewith, the applicant must demonstrate a plan whereby vehicles wishing to receive fueling services can do so without inconvenience due to the operation of the convenience store.

(2)

All convenience stores shall have public restrooms attached thereto.

(3)

A maximum of 750 square feet of building area shall be devoted to the retail sale and display area, and the total building area shall not exceed 1,500 square feet, except as follows:

(a)

Any waiver to increase total building area in excess of 1,500 square feet shall require Pine Barrens Credit redemption.

(b)

Pine Barrens Credit redemption shall be calculated as equal to the percentage of relief requested, rounded up to the nearest tenth, such that each additional 150 square feet of total building area, above 1,500 square feet as permitted, shall be equal to 0.1 Pine Barrens Credit.

(c)

In no case shall the total building area exceed 3,000 square feet.

(4)

The Planning Board, in conjunction with the site plan, shall approve all signs displayed at the site in connection with the convenience store. Portable or mobile signs advertising any items being sold on the site are prohibited.

(5)

Outside display shall be prohibited.

(6)

A dumpster enclosure for one dumpster for rubbish, as well as one dumpster for cardboard recycling, unless adequate space for cardboard recycling storage can be demonstrated by the applicant within the convenience store. The dumpster enclosure shall consist of walls measuring eight feet in height, which complement the building facade.

(7)

Buffers and plantings in accordance with the land development standards, except that the rear yard setback shall be 40 feet.

(8)

A minimum six-foot-high solid (opaque) fence along any property line adjacent to a residential district or use.

(9)

Waste receptacles for customer use shall be provided and maintained on site.

Freestanding convenience stores.

(1)

One off-street truck loading space with a minimum width of 12 feet and a minimum length of 40 feet shall be required. Aisles and turning areas shall provide good internal circulation.

(2)

All aisles within parking areas shall have a minimum width of 24 feet.

(3)

(4)

Buffers and plantings in accordance with the land development standards.

(5)

A minimum six-foot-high solid (opaque) fence along any property line adjacent to a residential district or use.

(6)

Outdoor sales, storage and display of goods shall be prohibited.

(7)

Waste receptacles for customer use shall be provided and maintained on site.

(8)

A maintenance plan for management of litter and general upkeep of the premises.

(9)

The required minimum lot size shall be one acre, unless the Planning Board, in its discretion and upon a finding of compliance with the criteria set forth in this chapter, Subsection C(1) through (8) above, may approve a small lot size of no less than one-half acre. In considering a lot size smaller than one acre, the Planning Board shall impose the following conditions:

(a)

Prohibitions against deliveries by tractor trailer;

(b)

Adequate area for traffic circulation;

(c)

Any such other conditions as the Board determines will protect neighboring properties and enhance community character, including architectural design and enhancements thereto.

Laundromat, mega.

(1)

Minimum of 100 feet from the building to the property lines.

(2)

Minimum of one-hundred-seventy-five-foot natural and undisturbed buffer from any freshwater and/or tidal wetlands.

(3)

Minimum of 150 feet from the property line of the nearest parcel in residential use or zoned for residential use. Said setback requirement shall apply to dumpster enclosures as well.

(4)

No vents or doorways shall face a residential use or residential district.

(5)

A minimum of 30% of the site shall be maintained as landscaped or natural area.

(6)

All vents and mechanicals above the roofline shall be screened from view from all sides with architectural treatment.

(7)

Review by the public entity providing water service.

Major restaurant.

[Amended 12-19-2017 by L.L. No. 24-2017, effective 1-8-2018]

(1)

A minimum landscaped area of 40 feet shall be maintained adjacent to all road frontages.

(a)

Any waiver or reduction of the minimum landscape area shall require Pine Barrens Credit redemption, calculated at 0.25 Pine Barrens Credit.

(2)

A minimum of 35% of the site shall be maintained as natural and/or landscaped area.

(a)

Any waiver or reduction of the minimum natural and/or landscaped area shall require Pine Barrens Credit redemption, calculated at 0.25 Pine Barrens Credit.

(3)

No exterior menu board signs shall be located within the required front yard setback.

(4)

Exterior menu board or speakers shall not face any residential use or zone.

(5)

No indoor or outdoor play area shall be located within a front yard.

(6)

There shall be a minimum of 12 queuing spaces for each drive-through window.

(7)

Queuing lanes shall be separate and distinct from parking aisles.

Mini-storage facility.

(1)

Storage shall be limited to dead storage only. The storage of explosives, flammable, toxic or otherwise hazardous chemicals and/or other materials shall be prohibited.

(2)

Walls exceeding one story in height, which are visible from off site, shall be architecturally enhanced with pilasters, corbelled cornices, or similar ornamentation to the satisfaction of the Planning Board.

(3)

Storage unit doors shall be screened from visibility from adjoining residentially zoned or residentially developed properties and from public streets to the satisfaction of the Planning Board.

(4)

A minimum natural or landscaped area of 50 feet shall be maintained adjacent to all road frontages.

(5)

All paved areas, including parking and parking aisle areas, shall be screened from view with landscaping or natural areas and/or decorative fencing to the satisfaction of the Planning Board.

(6)

Decorative walls or fencing shall be provided along all setback lines; decorative opaque walls and/or fencing shall be provided along all site property lines which are contiguous with residentially developed and/or zoned properties; other types of fencing may be permitted elsewhere on site subject to Planning Board review and approval.

(7)

Parking stalls and loading areas adjacent to storage buildings may encroach on interior roadway 30 feet or wider, exclusive of required parking stalls, for office(s) or living quarters.

Motor vehicle fueling station.

(1)

The use shall be limited to the retail sale of motor fuels, lubricants and other motor vehicle supplies, including spark plugs, batteries, tires and other minor parts for the repair and upkeep of motor vehicles. Minor repairs and servicing shall be permitted after the review and approval of the Town Board and the issuance of a special permit, except that body and fender work is expressly prohibited.

(2)

No repair work shall be performed in the open. All repair work, excluding emergency service, shall be conducted only between the hours of 7:00 a.m. and 9:00 p.m.

(3)

The overnight storage of registered vehicles shall only be permitted with the review and approval of the Town Board and the issuance of a special permit. There shall be no outdoor storage of dismantled cars.

(4)

A motor vehicle fueling station shall be prohibited within 500 feet from any lot line bounding an area of public assembly, such as a hospital, church, library, playground, school, community center or theater.

(5)

The Planning Board, in conjunction with the site plan, shall approve all signs displayed at the site in connection with the motor vehicle fueling station. Portable or mobile signs advertising any items being sold on the site are prohibited.

(6)

Outside display shall only be permitted with the review and approval of the Town Board and the issuance of a special permit.

(7)

Required standards. The Town Board hereby finds that many of the new public motor vehicle fueling stations and recently remodeled public motor vehicle fueling stations located within the Town of Brookhaven are being designed and constructed as one-hundred-percent self-service facilities. These facilities do not adequately address the needs of the elderly or the physically impaired, who find it difficult, if not impossible, to operate self-service fueling pumps. In consideration of the foregoing, the following standards shall be required of all self-service public motor vehicle fueling stations:

(a)

At least one public fuel pump island shall be full service for use by the general public or by the physically impaired or elderly persons between the hours of 8:00 a.m. through 8:00 p.m. during any days on which the public fueling station is open for business.

(8)

Curb cuts. A maximum of one curb cut for every 75 feet of road frontage shall be permitted. No part of a strip 25 feet in width adjoining any lot or land in a residence district or adjoining a street intersection shall be used for providing access to the site. Driveways and curb cuts shall have a minimum width of 20 feet and a maximum width of 35 feet at the curbline. Driveways shall be spaced a minimum of 25 feet apart.

(9)

Screening. Buffers and fencing shall be provided in accordance with the land development standards.

Motor vehicle dealership.

(1)

Each site shall contain designated areas for customer and employee parking in addition to outside display and vehicle storage areas.

(2)

All vehicle display shall be set back a minimum distance of 25 feet from any roadway. This setback area must be maintained as a natural or landscaped area in accordance with a site plan, which shall be subject to the review and approval of the Planning Board.

(3)

The loading and unloading of vehicles must take place on site within a designated loading/unloading zone. There shall be no loading or unloading permitted within the front yard.

Motor vehicle rental.

(1)

All rental vehicles shall be screened from view with a hedge, berm and/or decorative wall or fence in accordance with Town standards.

(2)

Accessory uses, including motor vehicle wash and/or vacuum stations, shall be solely for the use of the rental dealership and shall be adequately screened by vegetative planting(s) and/or fencing from all residentially zoned and/or residentially developed properties.

Motor vehicle repair.

(1)

All repair work shall take place within the building. All repair work, excluding emergency service, shall be conducted only between the hours of 7:00 a.m. and 9:00 p.m.

(2)

An area of sufficient size, as determined by the Board, shall be required for the outdoor, overnight parking of registered vehicles with the issuance of a special permit, subject to criteria specified herein. Said area shall be in addition to any depot required by Chapter 66.

(3)

Overhead doors shall not face the street or any residentially zoned or used property.

(4)

No motor vehicle repair shall be erected, altered or used within 200 feet of any premises used for either an elementary or high school, public library, church, hospital or firehouse.

Motor vehicle wash.

(1)

(2)

Street frontages shall be fully landscaped and/or shall remain natural with enhancing landscaping and/or revegetation.

(3)

A minimum of 20 queuing spaces for each automatic wash bay and a minimum of five queuing spaces for each self-service wash bay shall be maintained.

(4)

A finishing area sufficient to accommodate a minimum of 10 vehicles for each automatic wash bay and two vehicles for each self-service wash bay shall be maintained.

(5)

Minimum setbacks for all structures and outdoor facilities and/or areas of operations, including but not limited to paved driveways, dumpster enclosure(s), etc., shall be 50 feet from all contiguous residentially developed and/or residentially zoned properties.

(6)

All runoff generated by the operation shall be contained on-site; runoff carryover onto an adjoining public right-of-way or contiguous property shall be presumptive grounds for revocation of the special permit.

(7)

Vacuums shall be subject to a one-hundred-foot setback from residential uses or residentially zoned parcels; vacuums shall be adequately screened by vegetative planting(s) and/or fencing from all residentially zoned and/or developed properties.

Outside display.

(1)

All display shall be set back a minimum distance of 25 feet from any roadway. The entire portion of the display setback shall be landscaped in accordance with the approved site plan.

Outside seating as an accessory use to a major restaurant use.

(1)

Outside seating shall be permitted for food service purposes only.

(2)

Outdoor loudspeakers, exterior live entertainment or dancing of any kind shall be prohibited for any major restaurant between the hours of 11:00 p.m. and 8:00 a.m., or within 1,000 feet of any residence district.

(3)

Outside seating shall only be permitted to operate between the hours of 8:00 a.m. and 11:00 p.m. for any major restaurant within 1,000 feet of any residence district.

(4)

Outside seating shall be permitted on the subject parcel only.

Outdoor storage.

(1)

All outdoor storage shall be screened from visibility from adjoining roadways with landscaping and/or decorative fencing in accordance with Town standards.

(2)

Outdoor storage within the primary or secondary front yard shall be prohibited.

(3)

Outdoor storage shall be set back a minimum distance of 50 feet from any roadway and 25 feet from any side or rear property line.

Stone and mason supply.

(1)

All display shall be set back a minimum distance of 25 feet from any roadway. Outdoor display areas shall be physically delineated as shown on the approved site plan.

(2)

A minimum landscaped area of 50 feet shall be maintained adjacent to any residential use or zone.

Taxi and limousine station.

(1)

All vehicles shall be screened from view with a hedge, berm and/or decorative wall or fence in accordance with Town standards.

(2)

Passenger vehicles shall be limited to fewer than 20 passengers.

(3)

Accessory uses, including motor vehicle wash and/or vacuum stations, shall be solely for the use of the taxi or limousine station and shall be adequately screened by vegetative planting(s) and/or fencing from all residentially zoned and/or residentially developed properties.

Retail sales.

[Added 5-21-2015 by L.L. No. 11-2015, effective 6-2-2015]

(1)

Shall only be permitted in conjunction with other principal uses and special permit principal uses. Retail sales shall not be the sole use on the site.

(2)

The maximum building area shall not exceed 5% of the total lot area of the site.

(3)

The minimum lot area shall be three acres.

Editor's Note: This local law also redesignated former Subsection Q as Subsection R.

Uses within a designated Redevelopment Initiative: Main Street Business District, Multifamily, Planned Retirement Community and Planned Retirement Congregate Housing Community.

(1)

The application shall obtain a minimum redevelopment achievement score of 101 to 120 points.

(2)

The application shall provide a minimum redevelopment benefit potential score of 80 points.

(3)

Dimensional and density criteria required and specified in the J Business 6 (Main Street Business) District, MF Residence (Multifamily), PRC Residence (Planned Retirement Community) and PRCHC (Planned Retirement Congregate Housing Community) for permitted uses and accessory uses shall be applicable.

(4)

Special permit criteria required and specified in the J Business 6 (Main Street Business) District, MF Residence (Multifamily), PRC Residence (Planned Retirement Community) and PRCHC (Planned Retirement Congregate Housing Community) for special permitted uses shall be applicable.

(5)

A minimum of 10% of all units permitted shall be maintained as workforce or affordable units in accordance with Town standards.

(6)

The minimum outdoor recreational area shall be as regulated in MF Residence (Multifamily) and PRC Residence (Planned Retirement Community) Districts.