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Brookhaven, NY Zoning Overlays & Bonuses: Downtown Design Guide (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Design manual
Main Street Business Design Manual, dated July 2003
District
J Business 6, Main Street Business (MSBD)
Governing sections
Town Code §§ 85-474 through 85-485
Design review agency
Dept. of Planning, Environment and Land Management
Deviation approval
Requires Planning Board review
First-offense fine
$2,500 to $6,000 (§ 85-158A)

Summary

Brookhaven regulates its downtown and main-street commercial corridors through the J Business 6 (Main Street Business, MSBD) District, created to protect "long-established downtown areas, central business districts, and/or main street areas." Buildings there must follow the town's Main Street Business Design Manual, adopted by reference into Town Code §§ 85-474 through 85-485.

The Main Street Business Design Manual dated July 2003, and any amendments thereto, on file in the office of the Town Clerk of the Town of Brookhaven and in the office of the Town of Brookhaven Department of Planning, Environment and Land Management is hereby adopted, incorporated and made a part of §§ 85-474 through 85-485.

View official code

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

" MSBDs are designated in "long-established downtown areas, central business districts, and/or main street areas" with a storefront, pedestrian-oriented character. " DPELM can require additional architectural amenities beyond the manual's minimums, existing structures on an MSBD site cannot be modified or altered without DPELM approval, and any request to deviate from the design standards must go to the Planning Board rather than staff. This is distinct from the older March 2010 J Business District Design Manual adopted at § 85-406 for the Town's separate transitional-business hamlet gateways under §§ 85-404 through 85-411; that manual governs a different zoning district and is not the downtown/main-street design guide.

Violations & Fines

Design and site-plan violations in an MSBD fall under the chapter-wide zoning penalty at § 85-158A: a first offense carries a fine of $2,500 to $6,000 or up to 15 days imprisonment, a second offense within five years $5,000 to $10,000 or up to 15 days, and a third or subsequent offense within five years $7,500 to $15,000 and up to six months. Each week a violation continues is a separate, additional offense.

Frequently Asked Questions

What is Brookhaven's Main Street Business Design Manual?
It is a design guide dated July 2003, on file with the Town Clerk and the Department of Planning, Environment and Land Management, adopted by § 85-475 and "incorporated and made a part of §§ 85-474 through 85-485" of the Town Code, governing building design in Main Street Business (MSBD) Districts.
Do I need design review to build in a Main Street Business District?
Yes. Section 85-484A requires architectural elevations to be submitted for review and approval to the Department of Planning, Environment and Land Management at site plan submission, and all elevations and building design must comply with the design manual's standards.
Can an existing building in the MSBD be altered without approval?
No. Section 85-484A(4) states existing structures on the site cannot be modified or altered without approval from the Department of Planning, Environment and Land Management, and any change to the design standards themselves needs Planning Board review under § 85-484A(5).
Is the Main Street Business Design Manual the same as the J Business District manual?
No. The July 2003 Main Street Business Design Manual (§ 85-475) governs MSBD downtown/main-street districts under §§ 85-474 through 85-485, while a separate March 2010 J Business District Design Manual (§ 85-406) governs the Town's transitional business hamlet-gateway district under §§ 85-404 through 85-411.

Sources & Official References

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