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Village of Old Brookville, NY
Nassau County
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A. 
Permitted principal uses. The permitted principal uses in the Residence R-3A, R-2A and R-1A Districts are as follows:
(1) 
Single-family detached dwellings.
(2) 
Farms.
(3) 
Parks.
[Added 8-19-2019 by L.L. No. 2-2019]
(4) 
Open space protection purposes.
[Added 8-19-2019 by L.L. No. 2-2019]
B. 
Special permit uses. The following uses are permitted upon issuance of a special permit by the Planning Board:
(1) 
Water towers.
(2) 
Educational institutions, subject to the provisions of Article VI, § 300-22D.
(a) 
Primary or secondary schools.
(b) 
Nonprofit educational institutions under the supervision of the New York State Department of Education or an educational institution chartered by the Regents of the University of the State of New York, subject to the following standards and conditions:
[1] 
Building area. Shall not cover more than 10% of the area of the lot.
[2] 
Height. The height of any building shall not exceed 35 feet or two stories.
[3] 
Yards. Each lot shall have front, side and rear yards not less than the depths and widths following:
[a] 
Front yard depth: 110 feet.
[b] 
Side yard width: Each fifty foot for a one-story principal building, each 70 feet for a two-story building; however, when a side yard abuts upon a street line, the width shall be 110 feet.
[c] 
Rear yard depth: 50 feet for a one-story building; 70 feet for a two-story principal building.
[4] 
Parking area. Off-street parking on the lot shall be provided in a paved area equal in area to one times the building area. Such parking area may extend into the side and rear yards, but shall be distant not less than 30 feet from any lot line and 20 feet from any street line.
[5] 
Screen. Where a parking area abuts a property line, a screen of evergreen shrubs four feet in height and 20 feet in width shall be installed along said lines.
[6] 
Marginal roadway. A marginal roadway 50 feet in width in the front yard and in any side yard abutting a street shall be provided. Said marginal roadway shall extend from the road or street line into the front and side yard; shall be separated from the street by a mall 10 feet in width; not more than two openings in the mall for access shall be made on any one street; the mall shall be curbed; the pavement in the roadway shall be 30 feet in width; a sidewalk four feet in width shall be constructed along the inner side of the marginal roadway. All work and construction hereinabove set forth shall be in accordance with Village specifications and regulations.
[7] 
Plan. The plot plan required to be submitted with the application for the building permit shall in addition show the requirements set forth herein together with the estimated cost of the improvements required in Subsection B(2)(b)[4], [5] and [6] hereof.
[8] 
Bond. If the improvements provided in Subsection B(2)(b)[4], [5] and [6] have not been completed prior to the application for a certificate of occupancy, a performance bond for not more than one year may be accepted by the Village in an amount estimated by the Village Engineer necessary to complete the improvements, which bond shall be a surety company bond in such form as shall be approved by the Village Attorney. On the acceptance and filing of such bond, the Building Inspector shall be authorized to issue the certificate of occupancy, and further provided that the area of the lot shall not be less than 50 acres, and notwithstanding any contrary provisions of this chapter, the following uses on the same lot or any other premises in the Village used in connection with such permitted uses are expressly prohibited.
[a] 
Dormitories and sleeping quarters, except a single-family dwelling unit for one caretaker and his or her family.
[b] 
The erection of any structure for the use of spectators.
[c] 
Outdoor swimming pool.
[d] 
Athletic contests and games with other institutions, schools or organizations.
[e] 
Any use for which an admission is charged, gratuity, donation or subscription is accepted.
[f] 
Any equipment or structures used for extracurricular activities.
(c) 
Educational institutions for the physically handicapped.
(3) 
Playgrounds, provided that they are a part of and incidental to a permitted educational institution and are not operated for profit.
[Amended 8-19-2019 by L.L. No. 2-2019]
(4) 
Churches.
(5) 
Incorporated golf or tennis clubs, subject to the conditions that it be a bona fide membership private club, operated by a corporation organized under the Membership Corporation Law or Not-For-Profit Corporation Law of the State of New York and qualifying for federal tax exemption under the Internal Revenue Code. A golf club shall be on a plot at least 125 acres. A tennis club shall be on a plot of at least 20 acres. The site plan and size of membership of a golf or tennis club shall be approved by the Planning Board after a public hearing. The Planning Board shall be guided by the following standards in addition to those contained in § 300-20D. In case of a conflict, the higher standards shall apply.
(a) 
All structures including outdoor courts, swimming pools, cabanas and caddy houses and the main clubhouse shall have a setback of no less than 100 feet from every street line and no less than 150 feet from each and every other boundary line of the lot.
(b) 
The construction of any structure to provide indoor tennis facilities is expressly prohibited.
(c) 
Parking spaces shall be provided at the ratio of no less than one parking space for every three members. A parking space is defined as a space no less than 300 square feet per car. Each parking space shall be set back a distance of no less than 75 feet from each and every boundary line of the lot.
(d) 
Any outdoor illumination shall be as prescribed by the Planning Board; provided, however, that no outdoor illumination shall be provided so as to permit the use of any outdoor facilities other than during daylight hours.
(e) 
The extent and kind of screening, planting and fencing shall be as prescribed by the Planning Board.
(f) 
The location of ingress and egress shall be so located as to avoid the creation of traffic hazards.
(g) 
The installation of such drainage facilities as may be recommenced by the Village Engineer to prevent the overflow of water onto adjoining properties or to any road abutting upon the subject premises shall be required.
(6) 
Executive headquarters.
(a) 
Purpose. The purpose of this subsection is to preserve one or more buildings or structures:
[1] 
Which have extraordinary architectural or aesthetic value, or which have a relationship to and association with notable personages, families, historic events, any of which contribute to the cultural heritage of the Village;
[2] 
The use of such buildings, or one or more of them, as single-family residences is no longer feasible, due to their excessive size for such use, the cost of or inability to secure services and staff necessary for the physical maintenance and use of such buildings and the grounds upon which it or they are located, by reason of which such buildings have become obsolete and anachronisms, and in great danger of deterioration, decay, and eventual demolition and loss;
[3] 
Those tangible assets which provide a sense of identity with the area as it once was should be conserved, protected, restored, perpetuated, and enhanced for the benefits which their restored existence would confer upon the Village, in harmony with a Comprehensive Plan and policies thereof, and the promotion of the general welfare;
[4] 
There is little or no possibility of their conservation, restoration, or perpetuation, if limited to single-family residential use as they formerly were used; and
[5] 
The Village Board finds that limited, quasi-commercial uses of those of such properties which are on sufficiently large parcels of land to safeguard the properties of adjoining owners, in the manner hereinafter set forth, will be in harmony with the spirit and intent of this chapter and Comprehensive Plan, and the most suitable alternative to destruction and continuing deterioration of such properties.
(b) 
Premises which may be converted. Any existing building or structure which shall be found by the Planning Board to possess historical, outstanding aesthetic, architectural, cultural, or other value set forth in Subsection B(6)(a) and which is no longer used or capable of being used as a single-family residence, by virtue of the matters set forth in such preambles, and which building is:
[1] 
Centrally located on a parcel of land at least 50 acres in size fronting on a state or county road;
[2] 
Was constructed in 1930 or earlier;
[3] 
Contains a minimum of 40 rooms or contains a minimum of 450,000 cubic feet, when approved by the Planning Board, after a public hearing, may be used, operated, and maintained as executive headquarters, including the reception and extension of hospitality to persons connected therewith, visitors and dignitaries. As accessory and incidental thereto, such property may contain guest facilities for the temporary accommodation of visiting executives, business visitors and dignitaries, in existing wings, buildings or facilities, subject to the discretion of the Planning Board.
(c) 
Procedure. In passing upon an application for the conversion of such properties to such use, the Planning Board shall give consideration to, among other matters as provided in this chapter, the following:
[1] 
Whether the size, extent and intensity of the use will prevent the orderly and reasonable use of adjacent properties, or properties in the immediately surrounding area, or will materially affect the value thereof.
[2] 
Whether the effect of the proposed use will be to create or unduly increase traffic congestion upon the roads giving access to it.
[3] 
Whether the use of the structures to be used therefor will cause an undue concentration of population thereon.
[4] 
Whether, in connection with the foregoing, and all the aspects of use on a particular parcel, the proposed use, subject to such reasonable conditions as may be necessary or desirable to mitigate any adverse impacts thereof, furnishes a reasonable alternative to the existing condition of the premises, or to the conversion thereof to any other use, in conformity with the general purposes and intent of this chapter.
(d) 
Conditions. Such use, if granted, shall be subject to the following conditions:
[1] 
Offices and areas used for the conduct of any operations of a business nature, including record storage, location of business machinery, furniture and equipment, and staff operations shall not exceed 45% of the total interior space, figured on a cubic-foot basis, or 50% of the total square footage of interior floor space.
[2] 
No change, modification or alteration shall be made to the interior or exterior of the principal building, nor to the interior or exterior of any existing accessory building, without prior approval of the Planning Board.
[3] 
The uses permitted hereunder may be carried on solely in the existing principal building, with existing accessory buildings, if any, being used solely for accessory uses specified in Subsection C(5) and/or for storage of equipment and materials or parking of vehicles.
[4] 
There shall be permitted no more than 75 officers and employees.
[5] 
In granting approval hereunder, the Planning Board further shall give careful consideration to the preservation of original or existing landscaping, the necessity of additional landscaping, the location and use of accessory buildings, the extent and manner in which the buildings, furnishings and grounds are intended to be repaired and restored, and shall impose reasonable conditions with respect to the foregoing and to the hours during which the activities may be conducted upon the premises.
(e) 
Residential use. No residential use may be made of the premises except as set forth above and except for such use as may be necessary for persons employed in the premises in a security or maintenance capacity together with their families.
(f) 
Waivers and modifications; additional conditions. The Planning Board shall have the power to waive or modify in a particular case any of the conditions with respect to size of the plot, date of construction, or size of principal building, in furtherance of the purposes hereof, and to impose such other, further and additional conditions upon its grant of approval as may be reasonable and in furtherance of the purposes hereof and in harmony with the spirit and intent of these provisions.
(7) 
Accessory park uses.
[Added 8-19-2019 by L.L. No. 2-2019]
C. 
Accessory uses. The landing, taking off, storage or any use of an aircraft is specifically prohibited and shall not be deemed a lawful accessory use.
[Amended 5-20-1985 by L.L. No. 3-1985; 5-20-1985 by L.L. No. 4-1985; 8-21-2017 by L.L. No. 3-2017; 8-19-2019 by L.L. No. 2-2019]
(1) 
Accessory single-family dwelling uses. Uses and buildings which are customarily incidental to single-family dwelling use in the Village of Old Brookville, such as the keeping of normal and customary domestic pets, are hereby permitted as accessory uses to such single-family dwelling use on the same lot as such single-family dwelling use; provided, however, that no accessory building capable of use as a dwelling shall be used for any purpose other than as a guest house for the temporary accommodation of guests or for servants quarters for the housing of bona fide full-time domestic servants employed at the premises, and in no event shall the use of any such accessory building result in rental income. Without limitation of the accessory uses which are otherwise permitted, the following accessory uses are specifically permitted as accessory to single-family residential use subject to the conditions hereinafter provided:
(a) 
Agriculture.
(b) 
Keeping of poultry, provided that any building or structure used for such purpose shall be set back at least 50 feet from every boundary line of the lot and at least 100 feet from the street line, or set back at least the minimum required setback for principal structures pursuant to Subsection D(4), whichever is greater.
(c) 
Horticulture, excluding all greenhouses except one noncommercial greenhouse no larger than 150 square feet.
(d) 
Keeping of horses, subject to the following conditions:
[1] 
Occupants of a single-family detached principal dwelling shall, as an accessory use only, be permitted to keep horses for their personal use, provided there is compliance with the following standards and conditions:
[a] 
No such use shall be permitted on lots having less than two acres of land.
[b] 
The number of horses permitted on each lot shall not exceed the following:
[i] 
Two horses for the first two acres of lot area plus one additional horse for each additional acre of lot area. In no event shall the total number of horses permitted on any one lot, irrespective of its area, exceed seven. Upon application to the Planning Board, the aforesaid limitation may be varied and that Board shall impose such conditions as it deems necessary for the public health, safety and welfare, provided it finds that the number of horses is an accessory use. In acting upon an application under this subsection, the Planning Board shall exercise the powers granted to it by this chapter and by the Village Law.
[c] 
Any such horse shall be beneficially owned in fact, as well as in title, solely by the resident-occupants of the lot, who shall, upon written request of the Building Inspector, produce a sworn affidavit and other reasonable evidence of said ownership.
[d] 
The board or keeping of horses owned by or for the use or benefit of persons other than those who are the resident-occupants of any lot is strictly prohibited.
[e] 
All grain-type feed shall be kept in rodentproof metal containers.
[f] 
No manure shall be stored or permitted to accumulate within 75 feet from any boundary line or within 25 feet from a dwelling on the same lot, or within 125 feet from a dwelling on any adjacent or other lot. The Building Inspector shall approve the storage area for manure and it shall be stored and treated in such a manner so that it shall not create any odor or attract or harbor any rodents, flies or other insects.
[g] 
The stables, barns, sheds or other accessory buildings or structures used in connection with or for sheltering horses pursuant to this subsection shall meet the following requirements:
[i] 
The number of such structures and buildings shall not exceed those reasonably necessary to accommodate the permitted number of horses.
[ii] 
No such building or structure shall be located nearer the street line than the rear line of the principal dwelling, nor be closer than 75 feet to any street line.
[iii] 
The building area of all such buildings and structures devoted to this accessory use shall not in the aggregate cover more than 2,000 square feet, regardless of the area of the lot.
[iv] 
The yard area occupied by such buildings or structures shall be included in computing the maximum percent of the lot area which may be utilized for building area (all buildings).
[v] 
All such buildings or structures shall, except as otherwise herein specifically provided, be subject to the setback requirements for a principal building as set forth in Subsection D, and in addition shall be set back 125 feet from any principal dwelling on any adjacent lots, except that any private riding ring, private paddock, corral fencing or other roofless enclosure for horses and any unenclosed area for their unattended maintenance shall be located not less than 20 feet from any side or rear boundary line, 75 feet from any front boundary line, and 125 feet from any dwelling on any adjacent lot.
[vi] 
No such building or structure shall hereafter be erected, altered or enlarged to a height in excess of 25 feet.
[h] 
The maintenance of structures and hygienic conditions connected with the accessory use here permitted shall be under the supervision of the Village by its Building Inspector and by the Nassau County Department of Health, to the extent necessary. If conditions are found to exist which are dangerous to the health, safety and welfare of humans or horses or if any of the requirements of this or any other provision of this chapter or any condition attached to any special use permit granted in connection with this accessory use are not complied with by the resident-occupants, the accessory use here permitted may, upon application of the Building Inspector, be ordered by the Planning Board to cease and discontinue, after public hearing, until such time as the conditions complained of are remedied to the satisfaction of said Board.
[i] 
The land devoted to this accessory use shall have suitable drainage self-contained within the lot, and the topography and soil conditions shall be such that no effluents shall be discharged or be drained or permitted to run off into any adjacent streets, roadways or lots, or create any odor, or otherwise be detrimental to the public health, safety and welfare. The Building Inspector shall approve such drainage and topography in accordance with the foregoing standards, and no building permit for any accessory buildings or structures connected with such accessory use shall be granted unless and until any such conditions have been corrected and approved by said Building Inspector.
[j] 
The final approval of a subdivision or partitioning of the property, any part of which is devoted to the accessory use and buildings herein permitted, shall terminate such use. In said event, no such structure or building used for these purposes shall be converted or used as a principal building or accessory building for any purpose in connection with said subdivision or partition unless said building complies with all requirements of this chapter as an accessory building on a single lot resulting from such subdivision or partitioning.
(e) 
Home occupation.
(f) 
Real estate activities of an owner or of his or her duly authorized agent, in connection with his or her property within the Village.
(g) 
The office or studio of a physician, surgeon, architect, dentist, teacher, painter or sculptor, musician, lawyer, engineer, or other similar licensed professional residing in the dwelling unit in which such office or studio is located, provided that there is no display or advertising on the premises in connection with such use except for a professional nameplate not over one square foot in area, and said nameplate shall comply with the provisions of § 300-12, Signs, Subsection B, of this chapter; that no such studio or office shall occupy more space than the equivalent of 1/3 of the area of one floor of such dwelling and that such use is merely incidental to the use of such dwelling unit primarily for residential purposes; that any such musician's studio is equipped and used in such a manner that sounds therefrom are not unduly annoying to other persons on nearby premises or public places; that no assistants, whether paid or not, may participate in such use, except that one assistant may be employed if the nature of the profession is such as to require an assistant; that no such use shall be made of more than one building, and that such use by a painter, sculptor or musician shall not be deemed to include the right to engage in wholesale or retail trade, as such is ordinarily understood.
(2) 
Accessory farm uses. Accessory uses to a farm consisting of greenhouses, crop storage buildings, equipment sheds and all such other buildings, structures, parking areas or other facilities as are customarily incidental to a farm use and ancillary public educational programs relating to farm use and horse trails are hereby permitted upon issuance of a special use permit pursuant to § 300-21 and subject to site plan approval by the Planning Board under § 300-20 and subject to the following additional conditions:
(a) 
A farm may be used or operated by only one farm operator and the employees of that farm operator, and no part or portion of the farm may be used or operated by any other person or entity.
(b) 
The number and size of other buildings, structures, parking areas or other facilities shall not exceed that which is reasonably necessary for the operation of the farm as determined by the Planning Board under site plan review.
(c) 
All driveways shall be so located as to prevent or minimize any negative or detrimental impacts upon any dwelling or neighboring residences, and must be 75 feet from any property line and 125 feet from any dwelling.
(d) 
The building area of all buildings and structures shall not in the aggregate cover more than 500 square feet per each three acres of property.
(e) 
No building, structure or parking area shall be closer than 300 feet to any street line or property line and 400 feet from any dwelling on any neighboring lot. All parking areas shall have proper screening installed as determined by the Planning Board during site plan review.
(f) 
No building or structure shall be erected, altered or enlarged to a height in excess of 25 feet or greater than one story.
(g) 
Ancillary public educational programs shall be limited to one per calendar month and conducted only Monday through Friday (no weekends or holidays) only between the hours of 9:00 a.m. and 5:00 p.m. and shall be limited in attendance to the capacity of one standard school bus.
(h) 
No livestock and no wild animals may be kept on the farm.
(i) 
No wagon rides, hay rides, tractor pulls, corn mazes, hay mazes, petting zoos or other animal displays, music or other entertainment are permitted.
(j) 
No "U-Pick" operations are permitted on a farm.
(k) 
All water shall be supplied by public water. No wells shall be installed or utilized for water.
(l) 
Manure may not be stored on a farm on a continuing basis, and may only be brought onto a farm for its immediate use. Any manure that is stored on the farm in excess of what is needed at that particular moment is expressly prohibited. No manure shall be stored or permitted to accumulate within 1,000 feet from all public thoroughfares or 500 feet from a neighboring property line. The Building Inspector shall approve the storage area for manure, and it shall be stored and treated in such a manner so that it shall not create any odor or attract or harbor any rodents, flies or other insects.
(m) 
No building may be designed, equipped or used for cooking, living or sleeping purposes. However, buildings may be equipped with plumbing and toilet facilities for agricultural operations and for the use of agricultural workers and persons attending public educational programs.
(n) 
No more than one greenhouse may be permitted on a farm, not exceeding 500 square feet in floor area.
(o) 
All farms shall have a 300-foot-wide buffer along each property line prohibiting all buildings and structures of any kind, including fences, within the buffer. The buffer must be maintained in a neat and tidy condition, with no equipment laying in or around the buffer, and must otherwise be maintained in compliance with § 210-4 of Chapter 210, Property Maintenance, of the Code of the Incorporated Village of Old Brookville.
(p) 
All buildings must be located in the same general location and be served by only one curb cut and driveway.
(q) 
(Reserved)
(r) 
The aforesaid conditions and restrictions shall also apply to any farm existing on the date of the adoption of these provisions, and the construction of any new buildings or structures or the extension or expansion of any existing building or structures on a farm use shall also require site plan approval and special permit approval by the Planning Board.
(3) 
Accessory park uses. Accessory uses to a park consisting of such buildings, structures, parking areas, horse trails or other facilities and ancillary public educational programs as are customarily incidental to passive recreation park use are hereby permitted upon issuance of a special use permit pursuant to § 300-21 and subject to site plan approval by the Planning Board under § 300-20 and subject to the following additional conditions:
(a) 
The number and size of buildings, structures, parking areas or other facilities shall not exceed that which is reasonably necessary for the operation of the park as determined by the Planning Board.
(b) 
All driveways shall be so located as to prevent or minimize any negative or detrimental impacts upon any dwelling or neighboring residences, and must be 75 feet from any property line and 125 feet from any dwelling.
(c) 
The building area of all accessory buildings and structures shall not in the aggregate cover more than 2,000 square feet.
(d) 
No building, structure or parking area shall be closer than 300 feet to any street line and 300 feet from any dwelling on any neighboring lot.
(e) 
No building or structure shall be erected, altered or enlarged to a height in excess of 25 feet or greater than one story.
(f) 
Ancillary public educational programs shall be limited to one per calendar month and conducted only Monday through Friday (no weekends or holidays) only between the hours of 9:00 a.m. and 5:00 p.m. and shall be limited in attendance to the capacity of one standard school bus.
(g) 
All parks shall have a 300-foot-wide buffer along each property line prohibiting all buildings and structures of any kind, including fences, within the buffer.
(h) 
All buildings must be located in the same general location and be served by only one curb cut and driveway.
(i) 
No parking area shall be located within 300 feet of any side or rear property line. All parking areas shall have proper screening installed as determined by the Planning Board.
(j) 
All water shall be supplied by public water. No wells shall be installed or utilized for water.
D. 
Lot area, height, setback, front lot line, building size and lot coverage. In all residence districts, all buildings and structures shall conform to the following lot area, height, setback, front lot line, building size and lot coverage regulations.
(1) 
All lots in the R-3 A District shall have minimum net lot areas of not less than three acres. All lots in the R-2A District shall have minimum net lot areas of not less than two acres. All lots in the R-1 A District shall have minimum net lot areas of not less than one acre.
(2) 
The maximum height for any building other than accessory buildings shall be 35 feet, and no building shall exceed 2 1/2 stories. In no case may the highest point of a roof be higher than 40 feet above the finished grade at the perimeter of the building extending at least 10 feet in width around the perimeter of the building. The maximum height for any accessory building shall be 18 feet and at no point higher than 26 feet above the finished grade at the perimeter of the building extending at least 10 feet in width around the perimeter of the building.
(3) 
In all residence districts, all lots shall have a minimum lot width equal to 75% of the minimum required front lot line. Such minimum lot width shall be maintained to at least the minimum required front setback.
(4) 
Principal buildings. No principal building or structure shall hereafter be erected on any lot in any residence district except in compliance with the below table. Generators, HVAC and similar equipment shall be subject to the side and rear setbacks for principal buildings or structures where possible as determined by the Building Inspector or else within 10 feet of the principal dwelling setback.
Net Lot Area
(square feet)
Maximum Permitted Floor Area
Minimum Required Front Lot Line
(feet)
Minimum Required Front Setback
(feet)
Minimum Required Side Setback
(feet)
Minimum Required Rear Setback
(feet)
Up to 40,000
(12% of lot area)
40,000
4,800
120
50
30
50
50,000
5,700
134
56
34
56
60,000
6,050
147
61
37
61
70,000
6,400
159
66
40
66
80,000
6,750
170
71
48
71
90,000
7,100
180
75
51
75
100,000
7,450
190
79
54
79
110,000
7,800
199
83
56
83
120,000
8,150
208
87
59
87
130,000
8,500
216
90
72
90
140,000
8,850
224
105
75
105
150,000
9,200
232
108
77
108
160,000
9,550
240
112
80
112
170,000
9,900
247
115
82
115
180,000
10,250
255
119
85
119
190,000
10,600
262
122
87
122
200,000
10,950
268
125
89
125
250,000
12,050
300
140
100
140
300,000
13,150
300
153
110
153
350,000
14,250
300
166
118
166
400,000
15,350
300
177
126
177
500,000
17,550
300
198
141
198
600,000
19,750
300
217
155
217
700,000
21,950
300
234
167
234
800,000
24,150
300
250
179
250
1,000,000
28,550
300
280
200
280
1,200,000
32,950
300
307
219
307
1,400,000
37,350
300
331
237
331
1,600,000
41,750
300
354
253
354
2,000,000
50,550
300
396
283
396
NOTES:
Except where given as a percentage, all areas are given in square feet and dimensions are given in feet.
If a net lot area falls between the specified net lot areas in the foregoing table, then the limits specified for the larger net lot area shall apply.
For properties larger than 2,000,000 square feet, the limits revert to those corresponding to 2,000,000 square feet.
(a) 
For corner lots, the minimum front setback shall be provided from every street line.
(b) 
No principal building shall be erected on any lot in any residence district with a floor area of less than 2,500 square feet.
(5) 
Accessory buildings and lot coverage. No accessory building shall hereafter be erected on any lot in any residence district and no lot shall have a lot coverage except in compliance with the following table:
Net Lot Area
(square feet)
Maximum Lot Coverage
Maximum Floor Area
(square feet)
Minimum Required Front Setback
(feet)
Minimum Required Side Setback
(feet)
Minimum Required Rear Setback
(feet)
Up to 40,000
(25% of net lot area)
40,000
10,000
960
50
20
20
50,000
12,500
1,140
56
22
22
60,000
15,000
1,210
61
24
24
70,000
17,500
1,280
66
26
26
80,000
20,000
1,350
71
28
28
90,000
22,000
1,420
75
30
30
100,000
24,000
1,490
79
32
32
110,000
26,000
1,560
83
33
33
120,000
28,000
1,630
87
35
35
130,000
30,000
1,700
90
36
36
140,000
32,000
1,770
105
42
42
150,000
34,000
1,840
108
43
43
160,000
36,000
1,910
112
45
45
170,000
38,000
1,980
115
46
46
180,000
40,000
2,050
119
48
48
190,000
42,000
2,120
122
49
49
200,000
44,000
2,190
125
50
50
250,000
49,500
2,410
140
56
56
300,000
57,000
2,630
153
61
61
350,000
64,500
2,850
166
66
66
400,000
72,000
3,070
177
71
71
500,000
102,000
3,510
198
79
79
600,000
112,000
3,950
217
87
87
700,000
122,000
4,390
234
94
94
800,000
132,000
4,830
250
100
100
1,000,000
152,000
5,710
280
112
112
1,200,000
172,000
6,590
307
123
123
1,400,000
192,000
7,470
331
133
133
1,600,000
212,000
8,350
354
142
142
2,000,000
252,000
10,110
396
158
158
NOTES:
Generators, HVAC and similar equipment shall be subject to the side and rear setbacks for principal buildings or structures where possible as determined by the Building Inspector or else within 10 feet of the principal dwelling setback [see § 300-7D(4)].
Except where given as a percentage, all areas are given in square feet and dimensions are given in feet.
If a net lot area falls between the specified net lot areas in the foregoing table, then the limits specified for the larger net lot area shall apply.
For properties larger than 2,000,000 square feet, the limits revert to those corresponding to 2,000,000 square feet.
(a) 
Notwithstanding the minimum front setbacks as set forth in the foregoing table, no accessory building shall be located between the front wall of the principal building and the front lot line. The total aggregate lot coverage of all accessory buildings shall not exceed 150% of the maximum floor area permitted for an accessory building as set forth in the foregoing table.
(b) 
For corner lots, the minimum front setback for principal buildings shall be provided from every street line for accessory buildings.
(6) 
Governing limits and dimensions.
(a) 
Wherever the limitations set forth in this § 300-7D are more restrictive than the regulations of any other section of Article III of the Zoning Code of Old Brookville, the limitations set forth in this § 300-7D shall govern and control.
(b) 
Any building legally existing on the effective date of this section with respect to the setbacks of such building may be altered or enlarged in such a manner that does not increase the nonconforming setback subject to compliance with the other provisions of this chapter.