This chapter shall be known and may be cited as the "Zoning
Code of the Incorporated Village of Old Brookville."
This chapter is adopted pursuant to Article 7 of the Village
Law for the purpose of promoting the health, safety, morals, or the
general welfare of the community, and in furtherance of the following
related and more specific objectives:
A.
To guide and regulate the orderly growth, development, and redevelopment
of the Village in accordance with a Comprehensive Plan and with long-term
objectives, principles, and standards deemed beneficial to the interests
and welfare of the people.
B.
To protect the established character and the social and economic
well-being of both private and public property.
C.
To promote, in the public interest, the utilization of land for the
purposes for which it is most appropriate.
D.
To secure safety from fire, panic, and other dangers, and to provide
adequate light, air and convenience of access.
E.
To prevent overcrowding of land or buildings, and to avoid undue
concentration of population.
F.
To lessen and, where possible, to prevent traffic congestion on public
streets and highways.
G.
To eliminate nonconforming uses gradually.
H.
To conserve the value of buildings and to enhance the value of land
throughout the Village.
I.
To conserve and reasonably to protect the natural scenic beauty of
the Village and its environs.
A.
Scope and meaning of certain words and terms. As used in this chapter,
unless the context clearly indicates the contrary, words used in the
present tense include the future, the singular number includes the
plural, and the plural the singular.
(1)
The word "shall" is mandatory, and not directory; the word "may"
is permissive.
(2)
The word "lot" includes the word "plot" and the word "land."
(3)
The word "structure" includes the word "building."
(4)
The word "use" refers to any purpose for which a lot or land or part
thereof is arranged, intended or designed to be used, occupied, maintained,
made available or offered for use; and to any purpose for which a
building or structure or part thereof is arranged, intended or designed
to be used, occupied, maintained, made available or offered for use,
or erected, reconstructed, altered, enlarged, moved or rebuilt with
the intention or design or using the same.
(5)
The word "used" refers to the actual fact that a lot or land, building
or structure, or part thereof, is being occupied or maintained for
a particular use.
B.
ACCESSORY BUILDING
ACCESSORY USE
AGRICULTURAL CROPS
AGRICULTURE
AIRCRAFT
ALTERATIONS AS APPLIED TO A BUILDING OR STRUCTURE
APPROVED
BASEMENT
BUILDING
BUILDING AREA
BUILDING LINE
CELLAR
CHURCH
CLUB
CLUBHOUSE
CORNER LOT
DWELLING
DWELLING UNIT
FAMILY
(1)
(2)
(3)
(4)
(5)
FARM
FARM OPERATOR
FLOOR AREA
FRONT LOT LINE
GARAGE, PRIVATE, NONCOMMERCIAL
HEIGHT
HOME OCCUPATION
(1)
(2)
(3)
(4)
(5)
LOT
LOT AREA or NET LOT AREA
(1)
(2)
(3)
(4)
(5)
LOT COVERAGE
LOT WIDTH
OPEN PORCH
OPEN SPACE PROTECTION PURPOSES
PARKS
PARKING SPACE
PASSIVE RECREATION
PHYSICALLY HANDICAPPED
REAR LOT LINE
REAR YARD
RENT
RENTAL DWELLING
RENTAL OCCUPANCY
SCHOOL
SETBACK
SHORT-TERM RENTAL PROPERTY
(1)
(2)
SIDE LOT LINE
SIDE YARD
SIGN
SPECIAL USE PERMIT
STABLE, PRIVATE
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURE
SWIMMING POOL
VILLAGE
Definition of words and terms. As used in this chapter, unless the
context or subject matter otherwise requires, the following words
and terms shall have the following meanings:
A building or structure which is subordinate and accessory
to the principal use or building on the same lot and which is used
for purposes customarily incidental to those of said principal building
or use, such as and including, without limitation, a private garage;
bathhouse; cabana; private toolhouse; private children's playhouse;
private tennis house; private stable; and noncommercial greenhouse,
which said accessory building shall be separated from the principal
building on said lot at all points by a horizontal minimum distance
of 10 feet. Any accessory building attached to the principal or main
building or less than 10 feet therefrom at any point shall be considered
part of the principal building.
A use or occupancy customarily incidental to the principal
use or occupancy of the main building or lot.
Plant crops intended for consumption by humans or animals,
and shall not include the breeding, raising or keeping of farm animals
or the growing of nursery stock.
[Added 8-19-2019 by L.L.
No. 2-2019]
The growing of agricultural crops.
[Amended 8-19-2019 by L.L. No. 2-2019]
As defined by Chapter 22 of this Code.
[Added 8-21-2017 by L.L.
No. 3-2017]
A change or rearrangement in the structural parts or in the
exit facilities, or an enlargement, whether by extending on the front,
rear, or on a side or by increasing in height, or the moving from
one location or position to another.
Approved by the Building Inspector under the regulations
of this chapter, or approved by an authority designated by law or
this chapter.
That portion of a building located wholly or partially underground
immediately beneath the first floor of a building where the first
floor elevation of the building is more than five feet above the average
finished grade extending for a width of at least 10 feet around the
perimeter of the building. A basement shall be counted as a story
and included in floor area. (See definitions of "cellar," "floor area"
and "story.")
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof which could
afford shelter to persons, animals, or property, whether or not actually
used for such shelter.
The aggregate of the maximum horizontal cross-section area
of all the buildings projected on a lot excluding such cornices, eaves,
gutters, or chimneys as project not more than 24 inches, all steps,
one-story open porches, bay windows not extending through more than
one story and not projecting more than five feet, and balconies.
The line established by law, or regulation, beyond which
no part of a building, other than parts expressly permitted, shall
extend.
That portion of a building located wholly or partially underground
immediately beneath the first floor of a building where the first
floor elevation of the building is less than five feet above the average
finished grade extending for a width of at least 10 feet around the
perimeter of the building. A cellar shall not be counted as a story
and not included in floor area. (See definitions of "basement," "floor
area" and "story.")
Any structure used for worship or religious instruction,
including social and administrative rooms accessory thereto.
Any organization catering exclusively to its members and
their guests, premises and buildings which are used for recreational
or athletic purposes, which are not conducted primarily for gain,
providing there are not conducted any vending stands, merchandising
or commercial activities except as required for the membership and
purposes of such club; it shall include fraternal, social and service
organizations. Any such organization's premises or building which
provides sleeping accommodations for more than five persons shall
be considered a multiple dwelling.
A building to house a club or social organization not conducted
for private profit which is not an adjunct to or operated by or in
connection with a public tavern, cafe or other public place.
A parcel of land at the junction of and bounded on two or
more sides by intersecting streets.
Any building or structure, or part thereof, used and occupied
for human habitation, or intended to be so used.
A complete self-contained residential unit, with living,
sleeping, cooking, sanitary facilities within the unit, for use by
only one family.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, adoption, or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:[1],
[Amended 4-18-2016 by L.L. No. 1-2016]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
Any lot or parcel of contiguous land at least five acres
in area which is used by one farm operator for the growing of agricultural
crops and which has only such buildings and other accessory uses as
are specifically provided for herein as accessory farm uses.
[Amended 8-19-2019 by L.L. No. 2-2019]
The individual, family, corporation or other entity which
operates a farm.
[Added 8-19-2019 by L.L.
No. 2-2019]
The sum of the gross horizontal areas of the several floors
in each story of a building measured from the exterior face of the
exterior walls of such building, without exclusion of any areas of
the floors being measured whatsoever (i.e., including, without limitation,
enclosed porches, enclosed breezeways, attached garages, closets,
kitchens, bathrooms, corridors, basements, partitions and stairwells),
except that cellar and half-story floor areas shall not be included.
Open porches equal to or less than 10% of the maximum permitted floor
area shall not be included in floor area. Open porches greater than
10% of maximum permitted floor area shall be included in floor area.
Any upper story of a building with at least two opposite exterior
side walls of not less than two feet above the surface of the floor
of such story which sides meet a sloping roof shall be counted as
a story and includable as floor area. Further, for horizontal floor
areas where the floor to ceiling height is 14 feet or greater, twice
the horizontal areas shall be included in floor area.
In the case of a lot abutting upon only one street, the street
line, and, in the case of a corner lot, the street line which is designated
as the front lot line in an application for a building permit to erect
or alter a building on such lot, or, if not so designated, the street
line from which the principal building sets back the greatest distance,
or, if its setback is equidistant from two or more street lines, the
street line which is nearest to the main entrance of the principal
building, or, if such lot extends through a block so that the lot
abuts on two streets, the street lines separating the lot from each
of said streets, in which case, the front setback regulations shall
apply to such lot with regard to each of such front lot lines, and
the rear setback regulations shall not apply to such lot.
A building used for the housing of one or more noncommercial
motor vehicles or conveyances owned and used by the owner or tenant
of the lot on which it is erected for a purpose and for a use except
incidental to the use of the lot. When attached to the principal building
by means of a covered breezeway, it shall be deemed a part of the
principal building.
[Amended 5-20-1985 by L.L. No. 4-1985]
As applied to a building, the vertical distance from the
mean level of the grounds immediately surrounding the building to
a point midway between the highest and lowest points of the roof provided
that chimneys shall not be included in the height.
[Amended 5-20-1985 by L.L. No. 4-1985]
A subordinate use of a nonresidential nature which is conducted
within a dwelling unit, by an occupant of the dwelling unit, which
is clearly incidental and accessory or secondary to the use of the
property for residential purposes, and which meets the following additional
conditions:
The occupation or activity shall be carried on wholly within
the principal building.
No person outside the resident household shall be employed in
the occupation or as assistants.
There shall be no exterior display or sign except as permitted
under this chapter, no exterior storage of materials and no other
exterior indication of the home occupation or variation from the residential
character of the lot or of the surrounding neighborhood.
No offensive odor, noise, vibration, smoke, dust, heat or glare
shall be produced.
The home occupation shall not generate traffic in any greater
volume than would normally be expected in a residential neighborhood,
and any need for parking generated by the occupation shall be met
off the street and in accordance with the regulations of this chapter.
A portion or parcel of land considered as a unit, devoted
to a certain use or occupied by a building or a group of buildings
that are united by a common interest or use, and the customary accessories
and open spaces belonging to the same.
[Amended by L.L. No. 1-1987]
The land area within the legal boundaries of a lot measured
only to the street line or lines on which the lot abuts. It shall
not include any portion of the lot:
Where the distance between the side lot lines is less than 50%
of the length of the minimum front lot line required in the zoning
district in which the lot is situated;
Which lies within a driveway, right-of-way or access easement
serving any other lot or lots;
Underwater to the extent that the underwater portion exceeds
10% of the minimum lot area for the zoning district in which the lot
lies, or, where a lot lies within two zoning districts, to the extent
that the underwater portion exceeds 10% of the minimum lot area required
for the less-restrictive zoning district;
Within an area which has been designated or mapped as a freshwater
wetlands by the New York State Department of Environmental Conservation
or the Village of Old Brookville or by any other municipal or governmental
agency having jurisdiction over the same; or
Is a designated conservation easement set aside as part of a
subdivision approved by the Planning Board.
That percentage of the net lot area covered by the combined
area of all buildings or structures on the lot, as well as all areas
on the ground or elevated above the ground which are comprised of
materials such as brick, asphalt, concrete, masonry, lumber, gravel
or paving stones, including partially opened paving stones, and including
elements such as swimming pools, courtyards, volleyball courts, tennis
courts and other recreational courts, decks, patios, terraces and,
also, those driveways which are made of compacted dirt or improved
with gravel, crushed stone or other paving material.
The width of a lot measured parallel to the front lot line
at the minimum required front setback.
A roofed over area attached to the principal dwelling which
may be supported by columns or piers without any enclosing walls,
screens, or other material higher than 42 inches.
The leaving of land in its natural undeveloped state, maintaining
land as meadow, or the use of land for a farm.
[Added 8-19-2019 by L.L.
No. 2-2019]
Open spaces used exclusively for passive recreation and for
no other purpose and having only such accessory uses as are specifically
provided for herein as accessory park uses.
[Added 8-19-2019 by L.L.
No. 2-2019]
The area required for parking one automobile shall not be
less than 10 feet wide and 20 feet long and shall not include passageways
and driveways giving access thereto.
Any noncommercial recreational or educational activity that
can be performed outdoors with minimum disturbance of an area's
natural condition, landscape or topography, such as walking, hiking
and birdwatching, and, without limitation, shall not include entertainment,
active play, exercise, sports, public theater, cinema, music performances,
tennis, swimming, baseball, basketball, golf, Frisbee, track and field
events, soccer, lacrosse, polo, horseracing, dog-racing and the like.
[Added 8-19-2019 by L.L.
No. 2-2019]
Includes only those not under treatment for or affiliated
with communicable diseased, mental disability, insanity, epilepsy,
alcoholism or drug addiction.[2]
The property line bounding a lot which is most parallel to
the front lot line. If the rear lot line is less than 10 feet in length
or if the lot comes to a point at the rear, the rear lot line shall
be deemed to be a line parallel to the front lot line not less than
50 feet long, lying wholly within the lot and farthest from the front
lot line.
An open space on the same lot with a principal building,
between the rear wall of the principal building and the rear lot line,
and unoccupied except for accessory buildings. In the case of a corner
lot, the owner may designate any interior lot line as the rear lot
line, provided that the minimum setback from the rear lot line is
met pursuant to the appropriate articles and sections of this chapter.
A return, in money, property or other valuable consideration
(including payment in-kind or services or other thing of value), for
use and occupancy or the right to the use and occupancy of a dwelling
or portion thereof, whether or not a legal relationship of landlord
and tenant exists between the owner and the occupant or occupants
thereof.
[Added 2-25-2019 by L.L.
No. 1-2019]
A dwelling or portion thereof established, occupied, used
or maintained for rental occupancy.
[Added 2-25-2019 by L.L.
No. 1-2019]
The occupancy or use of a dwelling or portion thereof by
one or more persons other than the owner or a family member of the
owner as a home or residence under an arrangement whereby the occupant
or occupants thereof pay rent for such occupancy and use. There is
a rebuttable presumption that any occupancy or use of a dwelling or
dwelling unit is a rental occupancy if the owner of the building containing
the dwelling does not reside in the same building.
[Added 2-25-2019 by L.L.
No. 1-2019]
A public, private or church-affiliated establishment academically
below the college level, for the education of children and/or adults
in subjects or skills.
The smallest horizontal distance between any part of a building
or structure and any part of a front, side or rear lot line. Such
distances shall be referred to, respectively, as front setback, side
setback, and rear setback.
A rental dwelling with a rental occupancy for a period of less
than 90 consecutive days. For the purposes of this chapter, the term
"short-term rental property" shall mean all non-owner-occupied dwelling
units rented for a period of less than 90 consecutive days and shall
not include:
There shall be a rebuttable presumption that a dwelling or dwelling
unit is being used as a short-term rental property if the dwelling,
dwelling unit or any room therein is offered for lease on a short-term
rental website, including Airbnb, Home Away, VRBO and the like, or
offered for lease in any medium for a period of less than 90 consecutive
days.
The property line or lines extending from the front lot line
to the rear lot line.
An open unobstructed space on the same lot with a building
between the building and the side line of the lot and extending through
from the front to the rear yard, into which space there is no extension
of building parts other than eaves with an overhang of not more than
two feet, rainwater leaders, windowsills and other such fixtures;
open steps; and bay windows not more than 12 feet wide, at one floor
level only, and projecting for a distance not to exceed two feet.
Includes the word "billboard" and shall be deemed to mean
any advertising structure, sign, picture, word or device for the advertisement
thereon or thereby of any commodity, service or thing.
Shall mean the same as "special permit."
[Added 8-19-2019 by L.L.
No. 2-2019]
A building used for the housing of one or more horses owned
and used by the occupant of the lot on which it is erected for a purpose
accessory to the use of the lot, such horses not to be let for commercial
purposes.
That portion of any building included between the surface
of any floor and the surface of the floor or roof next above it, or
if there is no floor above it then the space between the surface of
the floor and the top of the ceiling beams next above it. A basement
shall be counted as a story for the purpose of determining the permitted
number of stories and shall be includable in floor area. A cellar
shall not be counted as a story for the purpose of determining the
permitted number of stories.
The uppermost story of a building with at least two opposite
exterior side walls extending not more than two feet above the surface
of the floor of such story, which sides meet a sloping roof. The floor
area of a half story shall not be included in floor area.
A thoroughfare dedicated and accepted by a municipality for
public use or legally existing on any map of a subdivision filed in
the manner provided by law, including private roads.
[Amended 5-20-1985 by L.L. No. 4-1985]
A line dividing a lot, plot, or parcel from a street.
Any combination of materials forming any construction, erected
with a fixed location on the ground or the use of which requires location
on the ground, such as but not limited to: buildings, garages, tool
houses or sheds, greenhouses, children's play houses, tree houses,
outside garbage or other bins, stables, barns, kennels for dogs or
other animals, rabbit hutches, runs for dogs or other animals, riding
rings, paddocks, corrals or other roofless fenced enclosures for animals,
roofed enclosures for animals, fountains or reflecting or other pools,
and swimming pools, whether above or below ground (including filters,
heaters and other mechanical equipment, and/or appurtenant bath houses
or cabanas, tennis courts and/or appurtenant tennis houses, walls,
fences, gates, gate posts, statues, signs, billboards, poster panels,
tents, gazebos, pergolas, arbors, trellis, clothes lines, posts or
other drying structures, trash or other burners, air-conditioning
equipment, units or compressors, heat exchangers or aboveground heating
tanks, solar collectors, generators, utility meters, platforms, porches,
verandas, outdoor decks or patios, paved area used principally as
a recreational area, TV antennas or dish antennas, radio or television
towers and/or antennas, communication antennas used for the receiving
or sending of communication signals, standpipes, transmission or distribution
lines, towers and/or poles, trailers, campers, mobile homes (whether
movable or stationary) and enclosures therefor, stadiums, reviewing
stands, windmills, observation towers, staging, gasoline tanks or
pumps (whether above or below ground), any of the foregoing or other
structures, whether permanent or temporary, and any structure over
one foot above ground. The word "structure" shall be construed as
though followed by the words "or part thereof."
[Amended 5-20-1985 by L.L. No. 4-1985]
Any body of water or receptacle for water having a depth
at any point greater than one foot, used or intended to be used for
swimming or bathing, and constructed, installed or maintained in or
above ground. A swimming pool shall be deemed a structure for all
purposes under the provisions of this chapter. For purposes of this
chapter, the small plastic-type wading pools for small children shall
not be considered a swimming pool.
The incorporated Village of Old Brookville in the County
of Nassau and State of New York.
[1]
Note: See City of White Plains v. Ferraioli, 34 NY2d 300,
306, as to interpretation of "family"; Mental Hygiene Law § 41.34
as to community residence and family care homes. As to group homes,
see Group Home v. Bd of Zoning, 45 NY2d 266, 408 NYS2d 377, 380 NE2d
207.
[2]
Editor's Note: See footnote to "family."
Except as hereinafter otherwise provided:
A.
No building shall be erected and no existing building shall be moved,
altered, added to or enlarged, nor shall any land or building be designed,
used, or intended to be used for any purpose or in any manner other
than as permitted in the district in which such building or land is
located.
B.
No building shall be erected, reconstructed or structurally altered
to exceed in height the limit hereinafter designated for the district
in which such building is located.
C.
No building shall be erected, no existing building shall be altered,
enlarged or rebuilt, nor shall any open space surrounding any building
be encroached upon or reduced in any manner, except in conformity
to the yard, lot area, and building location regulations hereinafter
designated for the district in which such building or open space is
located.
D.
No yard or other open space provided around any building for the
purpose of complying with the provisions of this chapter shall be
considered as providing a yard or open space for any other building,
and no yard or other open space on one lot shall be considered as
providing a yard or open space for a building on any other lot.
E.
If a use or building is not specifically permitted, it shall be deemed
prohibited; provided, however, if a use of building not enumerated
in any district, is so similar in character to an enumerated permitted
use or building as to be compatible with other permitted uses or buildings,
it shall be deemed a permitted use or building.
F.
Any use of property which was acquired by a municipal entity for
conservation purposes may be used only for such park, farm or open
space protection purposes as are permitted by this chapter. In so
providing, the Board of Trustees of the Village of Old Brookville
finds and determines that the interests of the Village in imposing
this regulation and in so limiting the use of land acquired by a municipal
entity for conservation purposes is greater than the interest of any
municipal entity in using such land for purposes other than as permitted
and limited by this chapter. In so finding and determining, the Board
of Trustees of the Village has weighed and considered the following:
[Added 8-19-2019 by L.L.
No. 2-2019]
(1)
The municipal entity owning land within the Village acquired for
conservation purposes and which might seek to use its land so acquired
for purposes which exceed the park, farm or open space protection
purposes which are permitted by this chapter is the County of Nassau.
(2)
Said lands owned by the County of Nassau were acquired pursuant to
the provisions of an Environmental Bond Act for conservation purposes,
including open space protection purposes, that is the use presently
being made of such lands, and it is a use permitted by this chapter.
The property is located in the middle of a quiet residential community.
The historic and current use of the property is for the growing of
agricultural crops, which, with its concomitant natural scenic beauty,
natural scenic vistas, open spaces and low level of activity, serves
the public welfare by lessening congestion, preventing the overcrowding
of land and undue concentration of population and preserving property
values. The uses to which the property is restricted by this chapter
are appropriate uses for the property, which will perpetuate these
beneficial characteristics of the present use.
(3)
The use of said lands for uses in excess of those permitted by this
chapter would generate additional public access and traffic resulting
in a more intensive and extensive use of said lands, and would be
inappropriate and detrimental to the interests of this Village by
reason of inadequate public access to said lands, giving rise to safety
concerns, and the generation of additional traffic to said lands and
more intensive and extensive use would tend to disturb the peace and
quiet of the residential neighborhood in which said lands are located.
The restrictions of this chapter were enacted to preserve and protect
the peace and quiet, and the value and existing character of the residential
neighborhood in which said Nassau County owned lands are located.
(4)
When it acquired its lands within the Village under the provisions
of the Environmental Bond Act, there were discussions and negotiations
between the representatives of the County of Nassau and representatives
of the Village regarding the use which would be made of said lands,
and the uses permitted by this chapter are consistent with the uses
then proposed for said lands by the representatives of the County
of Nassau. The provisions of the local law adopting these restrictions
will have been reviewed by the Nassau County Planning Commission prior
to adoption by the Village Board of Trustees and the Village Board
of Trustees will have had the comments of the Nassau County Planning
Commission prior to such adoption.
(5)
The County of Nassau has some 6,000 acres of open space or active
parkland, some of which is being used for more extensive uses requiring
more extensive public access than allowed by the restrictions of this
chapter, and there is no shortage of locations in which Nassau County
can locate a use requiring public access in excess of the uses allowed
by this chapter.
(6)
Although it might serve the public interest to use the Nassau-County-owned
lands within the Village for recreational or educational use involving
greater public participation and access than uses allowed by this
chapter, any such use would adversely impact upon the character, value
and tranquility of the residential neighborhood in which such lands
are situated and which the restrictions of this chapter were adopted
to protect. Upon balance, the interests served by this Village's
zoning restrictions outweigh any interests of Nassau County in using
its lands for purposes in excess of those permitted by this chapter.
