Brookhaven, NY Building Safety: Childcare Center Rules (2026)
Key Facts
- Special permit
- Required from Board of Appeals or Planning Board
- Minimum lot (residential)
- 1 acre for up to 30 persons
- Setback, front
- 40 feet from any street line
- Setback, rear
- 60 feet from rear property line
- Outdoor hours
- 9:00 a.m. to 8:00 p.m. only
- Parking ratio
- 1 space per 400 square feet
Summary
Brookhaven requires a special permit from the Zoning Board of Appeals or Planning Board before any day-care center can operate, and a residential day-care center needs at least one acre of lot area for up to 30 children. Buildings must sit back from every property line, outdoor play areas must be fenced, and outdoor hours run only from 9 a.m. to 8 p.m.
Day-care centers may be permitted in any district except L Industrial 2 Districts when authorized by special permit from the Board of Appeals or the Planning Board, subject to the following terms and conditions in addition to those determinations required under § 85-57A of this chapter: In a residential district, by the Board of Appeals, the minimum lot area shall be one acre for a maximum of 30 children, senior citizens or handicapped persons utilizing said facility. For each additional person, the lot area shall be increased by 1,500 square feet.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).
Full Breakdown
Brookhaven Code § 85-259 requires day-care centers to obtain a special permit from the Board of Appeals or the Planning Board in every zoning district except the L Industrial 2 District. In a residential district, the Board of Appeals sets a minimum lot area of one acre for up to 30 children, senior citizens or handicapped persons, adding 1,500 square feet of lot area for each additional person served. In a nonresidential district, the Planning Board instead sets lot size, setbacks and lot-occupancy percentage case by case, based on site conditions, the applicable building and fire codes, Suffolk County Health Department regulations, and state Department of Social Services rules.
No building may sit within 40 feet of any street line, within 30 feet of any side property line, or within 60 feet of any rear property line, and outdoor play or parking areas must stay at least 40 feet from a street line and, in residential districts, 30 feet from side or rear lines. , and no outdoor lighting may be directed so as to adversely affect neighboring properties. Parking must provide one space for each 400 square feet of floor area plus a safe loading and unloading area, and any existing residential structure converted to day-care use must meet the New York State Building Construction Code in full.
The Planning Board separately reviews and can require modification of the architectural features and site design of any day-care facility sited in a residential district to keep it in harmony with the neighborhood.
Violations & Fines
Operating a day-care center without the required special permit, or violating its site standards, is punishable under § 85-158.A: a first conviction runs $2,500 to $6,000 or up to 15 days in jail; a second conviction within five years runs $5,000 to $10,000 or up to six months; a third offense within five years runs $7,500 to $15,000 with up to six months, and each week of continued violation counts as a separate offense.
Frequently Asked Questions
Does a day-care center need a special permit in Brookhaven?
How much land does a residential day-care center need in Brookhaven?
What hours can outdoor play areas operate at a Brookhaven day-care center?
Sources & Official References
Other rules in Brookhaven
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