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. 
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:
ACCESSORY BUILDING
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.
ACCESSORY USE
A use or occupancy customarily incidental to the principal use or occupancy of the main building or lot.
AGRICULTURAL CROPS
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]
AGRICULTURE
The growing of agricultural crops.
[Amended 8-19-2019 by L.L. No. 2-2019]
AIRCRAFT
As defined by Chapter 22 of this Code.
[Added 8-21-2017 by L.L. No. 3-2017]
ALTERATIONS AS APPLIED TO A BUILDING OR STRUCTURE
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
Approved by the Building Inspector under the regulations of this chapter, or approved by an authority designated by law or this chapter.
BASEMENT
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.")
BUILDING
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.
BUILDING AREA
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.
BUILDING LINE
The line established by law, or regulation, beyond which no part of a building, other than parts expressly permitted, shall extend.
CELLAR
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.")
CHURCH
Any structure used for worship or religious instruction, including social and administrative rooms accessory thereto.
CLUB
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.
CLUBHOUSE
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.
CORNER LOT
A parcel of land at the junction of and bounded on two or more sides by intersecting streets.
DWELLING
Any building or structure, or part thereof, used and occupied for human habitation, or intended to be so used.
DWELLING UNIT
A complete self-contained residential unit, with living, sleeping, cooking, sanitary facilities within the unit, for use by only one family.
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]
(1) 
The group shares the entire dwelling unit.
(2) 
The group lives and cooks together as a single housekeeping unit.
(3) 
The group shares expenses for food, rent, utilities or other household expenses.
(4) 
The group is permanent and stable, and not transient or temporary in nature.
(5) 
Any other factor reasonably related to whether the group is the functional equivalent of a family.
FARM
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]
FARM OPERATOR
The individual, family, corporation or other entity which operates a farm.
[Added 8-19-2019 by L.L. No. 2-2019]
FLOOR AREA
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.
FRONT LOT LINE
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.
GARAGE, PRIVATE, NONCOMMERCIAL
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]
HEIGHT
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]
HOME OCCUPATION
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:
(1) 
The occupation or activity shall be carried on wholly within the principal building.
(2) 
No person outside the resident household shall be employed in the occupation or as assistants.
(3) 
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.
(4) 
No offensive odor, noise, vibration, smoke, dust, heat or glare shall be produced.
(5) 
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.
LOT
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]
LOT AREA or NET LOT AREA
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:
(1) 
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;
(2) 
Which lies within a driveway, right-of-way or access easement serving any other lot or lots;
(3) 
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;
(4) 
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
(5) 
Is a designated conservation easement set aside as part of a subdivision approved by the Planning Board.
LOT COVERAGE
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.
LOT WIDTH
The width of a lot measured parallel to the front lot line at the minimum required front setback.
OPEN PORCH
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.
OPEN SPACE PROTECTION PURPOSES
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]
PARKS
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]
PARKING SPACE
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.
PASSIVE RECREATION
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]
PHYSICALLY HANDICAPPED
Includes only those not under treatment for or affiliated with communicable diseased, mental disability, insanity, epilepsy, alcoholism or drug addiction.[2]
REAR LOT LINE
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.
REAR YARD
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.
RENT
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]
RENTAL DWELLING
A dwelling or portion thereof established, occupied, used or maintained for rental occupancy.
[Added 2-25-2019 by L.L. No. 1-2019]
RENTAL OCCUPANCY
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]
SCHOOL
A public, private or church-affiliated establishment academically below the college level, for the education of children and/or adults in subjects or skills.
SETBACK
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.
SHORT-TERM RENTAL PROPERTY
(1) 
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:
(a) 
Properties used exclusively for nonresidential commercial purposes lawfully permitted and occurring within Business District 1 or Business District 2; or
(b) 
Properties used for commercial filming for which a permit has been duly issued by the Village Clerk under Chapter 125 of this Code.
(2) 
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.
SIDE LOT LINE
The property line or lines extending from the front lot line to the rear lot line.
SIDE YARD
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.
SIGN
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.
SPECIAL USE PERMIT
Shall mean the same as "special permit."
[Added 8-19-2019 by L.L. No. 2-2019]
STABLE, PRIVATE
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.
STORY
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.
STORY, HALF
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.
STREET
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]
STREET LINE
A line dividing a lot, plot, or parcel from a street.
STRUCTURE
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]
SWIMMING POOL
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.
VILLAGE
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.