Babylon City Zoning Code
ARTICLE I
General Provisions
§ 213-1 Definitions and word usage.
[Amended 10-9-1974; 12-2-1975; 7-1-1980 by Res. No. 5]
A. ACCESSORY BUILDING ACCESSORY STRUCTURE AGRICULTURE BOARDINGHOUSE BUILDING BUILDING AREA BUILDING INSPECTOR CAMP COTTAGE CAMP UNIT COMMERCIAL VEHICLE COMMUNITY BENEFITS AMENITIES COMMUNITY CENTER CORNER LOT DATE OF ADOPTION DECK DEPTH OF A LOT DIVISION OF BUILDING DOUBLE FRONT LOT DRIVEWAY EFFECTIVE DATE FAMILY FENCE FLOOR AREA RATIO OR FAR FOOD SCRAPS FRONT BUILDING LINE FRONT YARD FUNCTIONAL AND FACTUAL EQUIVALENT OF A NATURAL FAMILY GARAGE, MINOR GARAGE, PRIVATE GARAGE, PUBLIC GREEN ROOF GROUND STORY OR FIRST STORY HEALTH CLUB HEIGHT OF A BUILDING INCENTIVES OR BONUSES INCENTIVE ZONING KITCHEN LOT AREA LOT IN SINGLE AND SEPARATE OWNERSHIP MIXED-USE MOTEL-HOTEL MULTIPLE RESIDENCE NONCONFORMING BUILDING OR USE OCCUPIED OFF-STREET PARKING AREA OUTDOOR DINING OUTDOOR DISPLAY OUTDOOR STORAGE PARKING SPACE PERSON IN CHARGE PERVIOUS PAVING PLAZA PREMISES PRIVATE PROPRIETARY CONVALESCENT HOME PRIVATE PROPRIETARY HOME FOR ADULTS PRIVATE PROPRIETARY NURSING HOME PUBLIC PARKING PLACE REAR YARD REST HOME ROOMING HOUSE ROOMING UNIT SANITARIUM SCRAP METAL PROCESSING FACILITY SCRAP PROCESSOR SHARED PARKING SHED SIDE YARD SIGN SINGLE- OR ONE-FAMILY DWELLING SINGLE-USE SMALL IMPROVEMENT STREET LINE or FRONT PROPERTY LINE STRUCTURE TELEPHONE EXCHANGE TOURIST CAMP TRAILER or HOUSE CAR TWO-AND-ONE-HALF-STORY BUILDING TWO-FAMILY DWELLING TWO-STORY BUILDING WIDTH OF A LOT
Unless otherwise stated expressly, the following words and expressions, where used in this chapter, shall have meanings as follows:
A building or a detached private garage subordinate to the main building on a lot, used for purposes customarily incidental to those of the main building, not used for habitation and which does not exceed the size of the main building. This shall not include trailers, mobile homes or like structures, with or without wheels.
[Amended 11-1-1988; 3-21-1989; 2-17-1998 by L.L. No. 1-1998]
A structure subordinate to the buildings on a lot, used for purposes customarily incidental to those of the buildings, having no foundation or permanent attachment to the land other than a simple slab, not used for habitation, swimming pool enclosures or garage purposes and which does not exceed the size of the main building. This shall not include trailers, mobile homes or like structures, with or without wheels.
[Added 11-1-1988; amended 3-21-1989]
The cultivation of the soil for food products or other useful or valuable growths of the field or garden, but does not include dairying, raising of livestock, breeding or keeping of animals, fowl or birds where the same is carried on as a business or gainful occupation.
A building or part thereof containing one or more rooming units, which is occupied or intended to be occupied, which is offered or permitted to be used, by the owner, operator, occupant, person in charge, agent or anyone acting on behalf of any of the aforementioned, which is not a motel or hotel, for one or more nights, and sometimes for extended periods of weeks, months and years, where lodging and meals are provided, with or without individual cooking facilities. Nothing herein shall be construed to prevent a natural family or functional equivalent of a natural family from occupying an entire one-family home, a legal accessory apartment or a legal unit in a multifamily dwelling, which by certificate of occupancy is permitted to be used as a multiple-family dwelling.
[Added 8-15-1989; amended 11-17-2010 by L.L. No. 34-2010]
A combination of any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals or property. The word "building" shall be construed, when used herein, as though followed by the words "or part or parts thereof" unless the context clearly requires a different meaning. The term "building" shall also mean "factory manufactured home" and "mobile home."
[Added 5-15-1990]
The area of the maximum horizontal cross section of the building on a lot.
The Building Inspector of the Town of Babylon or any person duly appointed as such Inspector.
Any building of whatever material constructed, designed or equipped to be used for living, sleeping or eating only by transient or seasonal occupants.
Any plot of land in a tourist camp upon which is proposed to be located any tent, tent house, camp cottage, tourist unit, house car or trailer designed or equipped to be used for living, sleeping or eating.
Any commercially registered vehicle, including but not limited to a bus, a minibus, a box truck, a tractor-trailer combination (or either component thereof), an ambulance, an articulated bus, an automobile transporter, a boat transporter, a hazard vehicle, a livery, an omnibus, a sani-van, a taxi, a tow truck, a truck, a vanpool vehicle, or any vehicle bearing commercial advertising or identification or any vehicle which is not designed for use as a passenger-only vehicle, which is not a limousine, taxi, livery or other for-hire vehicle.
[Added 10-1-2002 by L.L. No. 30-2002; amended 6-21-2005 by L.L. No. 11-2005]
Specific physical, social, or cultural amenities, as set forth in § 213-549, as authorized by the Town Board, which provide a benefit to the residents of the community.
[Added 4-7-2015 by L.L. No. 2-2015]
A building and related facilities used for recreational, social, educational, and cultural activities, operated by a public or nonprofit group or agency.
[Added 4-7-2015 by L.L. No. 2-2015]
A lot having a street line along two streets forming an angular or curved corner.
The day that the Zoning Chapter is formally adopted by resolution of the Town Board and entered in its minutes.
An open structure subordinate to the main building on a lot, used for purposes customarily incidental to the main building and associated with patios, porches, porticoes, balconies and sun decks, not used for habitation and which does not exceed the size of the main building. Decks having a height of 18 inches or less shall be considered accessory structures. Decks having a height of more than 18 inches, but five feet or less, shall be considered accessory buildings. Decks having a height of more than five feet shall be considered building extensions/additions.
[Added 3-21-1989; amended 3-6-2007 by L.L. No. 3-2007]
The average of the distance from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
The Division of Building in the Department of Planning and Development of the Town of Babylon or any employee or officer of such Department.
[Amended 4-7-1976 by L.L. No. 15-1976[1]]
A lot having a street line at both ends of the lot.
A paved surface consisting of nonporous materials, creating a barrier between the nonporous materials and the earth, where registered automobiles and other registered vehicles are operated or allowed to stand, connecting a real property to a public road.
[Added 9-10-2008 by L.L. No. 22-2008]
A single person or collective group of persons related by kinship, adoption, blood or marriage, or the functional and factual equivalent of a natural family, living together under the same roof and cooking together as a single housekeeping unit, in a common household whose relation is of a permanent and distinct domestic character.
[Amended 8-15-1989]
Either basket-weave, woven-wire, vertical-wood-staving, split-rail or a fence having open spaces the same width as and between each of the pickets, slats or other materials used in its construction, unless otherwise permitted by the Board of Appeals as hereinafter provided.
The total floor area, in square feet, of a building or buildings divided by the total area, in square feet, of the plot on which the building or buildings are situated.
[Added 4-7-2015 by L.L. No. 2-2015]
Inedible food, trimmings from the preparation of food, food-soiled paper, edible food that is not donated and food processing waste. "Food scraps" does not include used cooking oil, yellow grease, or any food which is subject to recall or seizure due to the presence of pathogens.
[Added 3-16-2022 by L.L. No. 2-2022]
The line across the entire frontage of the lot at the required front setback distance.
The required open space extending along the streetline of any street on which the lot abuts.
A single housekeeping unit bearing the generic character of a family unit as a relatively permanent household, not a framework for transients or transient living, leading a stable, nonprofit, family-like existence, headed by a householder as one would likely find in a biologically unitary family; in every sense but a biological one it must function as a stable, single-family unit, albeit occasionally changing in composition even as a natural family might and does.
[Added 8-15-1989]
A building, other than a private garage, used for the storage only of: noncommercial automobiles; or commercial automobiles only for a purpose accessory to the permitted use of the lot.
[Amended 11-1-1988]
A building detached from and accessory to a residential building, or a building attached to a residential building, or a part of a residential building, which is designed to be used for or is actually used for the parking or storage of motor vehicles, boats or trailers, having not more than two bays and not more than 250 square feet per bay and each bay being not less than 10 feet in width and 20 feet clear interior depth, in any zoning district.
[Amended 11-1-1988; 2-17-1998 by L.L. No. 1-1998; 9-10-2008 by L.L. No. 22-2008]
A building or portion thereof, other than a private garage, designed or used for equipping, repairing, renting, parking or storing motor vehicles.
[Amended 11-1-1988]
A building roof that is engineered to be covered with low-maintenance growing plants that: insulate in winter, cool the building in summer, reduce solar absorption, reduce precipitation runoff from roof surfaces, and improve interior heating, ventilating and air conditioning (HVAC) efficiency.
[Added 4-7-2015 by L.L. No. 2-2015]
The lowest story of a building entirely above the level of the ground in front of a building.
An establishment that provides facilities for physical exercise such as aerobics, running, jogging, weightlifting, game courts, swimming facilities and accessory saunas, showers, massage rooms and lockers, within an enclosed building or buildings.
[Added 4-7-2015 by L.L. No. 2-2015]
The distance measured from the mean average grade of the ground surrounding the building to the highest point of the roof, provided that chimneys, spires, elevator penthouses, tanks and similar projections shall not be included for the purpose of determining the height.
[Amended 10-18-2005 by L.L. No. 24-2005]
Adjustments to the permissible density, height, or other requirements of the Zoning Code of the Town of Babylon in exchange for a specific community benefit or amenity that provides for a specific purpose authorized by the Town Board.
[Added 4-7-2015 by L.L. No. 2-2015]
The system by which specific incentives or bonuses are granted, pursuant to § 261-b of Town Law of the State of New York, on condition that specific physical, social, or cultural benefits or amenities are provided to the community.
[Added 4-7-2015 by L.L. No. 2-2015]
A room or an area in a building in which food is cooked and/or prepared and which contains equipment used in the cooking and preparation of food, i.e., stove and/or oven and/or microwave oven or any other appliance, device or equipment ordinarily used in the preparation and/or cooking of food. It may also contain any or all of the following: sink and/or refrigerator and/or base cabinet(s) and/or upper cabinet(s).
[Added 6-10-1997 by L.L. No. 7-1997]
The area of a lot on which a building and its accessories may be located, exclusive of land in the bed of any street and exclusive of any land intermittently or permanently underwater.
[Amended 12-2-1986]
Evidenced by a deed showing same is recorded by the Suffolk County Clerk's Office prior to the effective date of this chapter or evidenced by a written agreement showing same to be contracted for prior to the effective date of this chapter.
A development or building containing a mix of different types of land uses. In many cases, mixed-use refers to retail on the first story, with residential or office above.
[Added 4-7-2015 by L.L. No. 2-2015]
A structure in which lodging is provided for transient people and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.
[Amended 8-4-1981 by Res. No. 2]
A building or group of buildings designed for occupancy by three or more families living independently of each other in separate dwelling units.
One that does not conform to the regulations of the district in which it is situated.
The presence of a person in any rooming unit, unit, area or space within a premises, when said rooming unit, unit, area or space is used, furnished to be used or intended to be used for living or sleeping, which may or may not be used for cooking or eating purposes and with or without private bathroom facilities. There shall be a rebuttable presumption that a rooming unit, unit, area or space within a premises is occupied when said rooming unit, unit, area or space is furnished or set up to be used for human occupancy.
[Added 4-22-2009 by L.L. No. 8-2009]
The area of a lot or a building used or designated to be used for the purpose of accessory parking of vehicles. Such area shall be on or part of the same lot on which the principal use is located. However, when approved by the Planning Board as part of the review of site plans pursuant to Chapter 186, Site Plan Review, such area may be maintained on a separate lot determined by said Board to be convenient thereto; provided, however, that such separate lot shall be permanently and exclusively committed to such use, and for such purpose the Planning Board shall require such recordable instruments which, as to execution and form, shall be satisfactory and are deemed necessary to ensure the continued and noninterrupted use of such parking area for such purpose.
Any outdoor cafe, sidewalk cafe, eating area, or any food service accessory to an on-premise food and beverage consumption establishment.
[Added 4-7-2015 by L.L. No. 2-2015]
Retail merchandise that is displayed during business hours outside of the building housing the business.
[Added 4-7-2015 by L.L. No. 2-2015]
The deposit, placement, maintenance or sufferance of any materials, equipment, commercial vehicle (except during actual business hours, but in no event between 10:00 p.m. and 6:00 a.m.), building materials, objects or items of any kind or character, except while engaged in actual immediate delivery at the premises.
[Added 6-21-2005 by L.L. No. 11-2005]
The space required for each motor vehicle intended or required to be parked in an off-street parking area. Each parking space shall have an area of not less than 200 square feet, and in addition thereto, there shall be provided such space as is reasonably necessary for adequate ingress, egress and turning. The formula for providing an adequate parking area is an area of 334 square feet per required motor vehicle unit.
The person or persons possessed of the fee simple of an improvement or a lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person directly or indirectly in control of any premises.
[Added 4-22-2009 by L.L. No. 8-2009]
A hard surface with load bearing capacity engineered to allow for the passage of water through it. The surface may be comprised of paving blocks with open corners, lattices or edges or asphalt/concrete mixes without "fines."
[Added 4-7-2015 by L.L. No. 2-2015]
An open space paved and/or partially landscaped and accessible to the public at all times, which has an area of not less than 7,500 square feet with a minimum dimension of 50 feet and which is bounded on one side by a front lot line or which is connected to the street by a means of a pedestrian walkway.
[Added 4-7-2015 by L.L. No. 2-2015]
The land and all buildings and structures thereon.
A facility where lodging, board and health-related services are provided for persons recuperating from illness or incapacity.
[Added 8-15-1989; amended 11-17-2010 by L.L. No. 34-2010]
An adult-care facility, for the purpose of providing temporary or long-term residential care, room, board, housekeeping, personal care and supervision to adults.
[Added 8-15-1989; amended 11-17-2010 by L.L. No. 34-2010]
A facility, other than a hospital, where lodging, board and health-related services are provided for persons with or recuperating from illness or incapacity.
[Added 8-15-1989; amended 11-17-2010 by L.L. No. 34-2010]
Any plot other than one owned or maintained by the Town or a municipal district or authority, used by the public for parking of automobiles or other motor vehicles.
The required open space extending along the rear lot line (not a street line) throughout the whole width of the lot.
A facility established and operated for compensation and profit, where lodging, meals and nonmedical supervision are provided for persons on a transient, long-term or permanent basis.
[Added 8-15-1989]
A building or part thereof containing one or more rooming units, which is occupied or intended to be occupied, which is offered or permitted to be to used, by the owner, operator, occupant, person in charge, agent or anyone acting on behalf of any of the aforementioned, which is not a motel or hotel, for one or more nights, and sometimes for extended periods of weeks, months and years. Nothing herein shall be construed to prevent a natural family or functional equivalent of a natural family from occupying an entire one-family home, a legal accessory apartment or a legal unit in a multifamily dwelling, which by certificate of occupancy is permitted to be used as a multiple-family dwelling.
[Added 8-15-1989; amended 4-22-2009 by L.L. No. 8-2009]
Any room or group of rooms forming a space used furnished to be used or intended to be used for living or sleeping which may or may not be used for cooking or eating purposes and with or without private bathroom facilities.
[Added 4-22-2009 by L.L. No. 8-2009]
Not an institution required to be licensed under the Mental Hygiene Law of the State of New York.
An establishment engaged primarily in the purchase, processing and shipment of ferrous and/or nonferrous scrap, the end product of which is the production of raw material for remelting purposes for steel mills, foundries, smelters, refiners, and similar users and provided that such establishment is within 100 feet of property zoned H Industry, is comprised of at least four acres and a portion of the property contains a nonconforming use that permits the processing of scrap metal.
[Added 11-17-2011 by L.L. No. 24-2011]
Any person, association, partnership or corporation operating and maintaining a scrap metal processing facility.
[Added 11-17-2011 by L.L. No. 24-2011]
Where two or more uses merge parking needs in shared parking facilities based on different peak periods of demand.
[Added 4-7-2015 by L.L. No. 2-2015]
A structure subordinate to the buildings on a lot, used for purposes customarily incidental to the buildings and associated with cabanas, playhouses or storage of lawn and pool care equipment or any other items used in the normal maintenance of residential property, not used for habitation and which does not exceed 100 square feet and/or 10 feet in height. "Sheds" shall be considered accessory structures and shall not include trailers, mobile homes or like structures with or without wheels.
[Added 3-21-1989; amended 5-27-2008 by L.L. No. 15-2008]
The required open space extending along the side lot line from the front yard to the rear yard.
Every kind of billboard, signboard and other shape or device or display arranged, intended, designed or used to advertise, announce, direct or otherwise inform, including any text, symbol, marks, letters or figures painted on or incorporated in the composition of the exterior surface of a building or structure.
A building designated for and occupied exclusively as a home or residence for not more than one family.
A development or building containing only one type of land use.
[Added 4-7-2015 by L.L. No. 2-2015]
A minor addition or change in the quality of the natural and man-made environment that makes something better or more valuable, which includes, but is not limited to, a dock, fence, boathouse or storage shed or other like structure which does not exceed 100 square feet and/or 10 feet in height, which is not used for living accommodations.
[Added 8-14-2012 by L.L. No. 11-2012]
The dividing line between the street and a lot.
A combination of materials other than a building forming a construction that is safe and stable and includes, among other things, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, poles, stacks, observation towers, sheds, coal bins, bulkheading, walls, fences over four feet in height and signs; the word "structure" shall be construed as though followed by the words "or part thereof."
A building erected or used exclusively as a central station where telephone lines meet and where connections are made between them and where no trucks or materials are stored.
Any plot on which are located or which is offered to the public for the location of one or more tents, cabins, tent houses, camp cottages, tourist houses, house cars or trailers designed or equipped to be used for living, sleeping or eating.
Any vehicle designed or equipped to be used for living, sleeping or eating and designed to move from place to place on wheels, propelled by its own power or otherwise drawn or propelled.
A building whose main eaves are below the mid-height of the third story.
A building designed for and occupied exclusively as a home or residence for two families.
Any building having an area on the second floor of not less than 75% of the area on the first floor.
The average width measured at right angles to the direction of its average depth.
B.
Words used in the singular number shall include the plural and vice versa. The word "building" includes the word "structure"; the word "lot" includes the word "plot"; the word "shall" is always mandatory.
§ 213-2 Interpretation.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements adopted for the promotion of health, safety, morals, comfort, convenience and the general welfare.
§ 213-3 Construal of provisions.
This chapter shall not repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance or any rules or regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, provided that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger lots or yards than are imposed or required by such existing provisions or regulations, the provisions of this chapter shall control.
§ 213-4 Role of Planning Board.
The Planning Board of the Town shall study the application of this chapter and shall, from time to time, recommend to the Town Board such changes in the chapter and in the boundaries of the various zones as it shall deem desirable in the public interest.
§ 213-5 Lot, open space and yard area requirements.
The lot, open space or yard areas required by this chapter for a particular building shall not be diminished and shall not be included as a part of the required lot, open space or yard areas for any other building. If the lot, open space or yard areas required by this chapter for a particular building are diminished, the continued existence of such building shall be deemed to be a violation of this chapter. The lot, open space or yard areas of buildings existing at the time of the passage of this chapter shall not be diminished below the requirements herein provided for buildings hereafter erected, and such required areas shall not be included as a part of the required areas of any building hereafter erected.
§ 213-5.1 Yield calculations in determining lot area.
[Added 12-2-1986]
In any residential, business or industrial district, the square footage of any land intermittently or permanently under water shall not be included in the yield calculations used to determine the area of a lot upon which a building may be erected.
§ 213-6 Premises owned by Town.
[Amended 4-28-1971]
This chapter shall not apply to or affect any building, structure or premises owned by the Town of Babylon or any building or structure erected or standing on premises owned by the Town of Babylon. This chapter shall not apply to or affect any building, structure or premises which shall or may be erected, altered or used for any municipal purposes permitted by law, and any building, structure or premises may be erected, altered or used for any such purpose in any district by resolution of the Town Board, subject to such conditions and safeguards as the Town Board may deem appropriate in each particular case.
§ 213-7 Buildings under construction prior to adoption.
A.
Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction at the time of the passage of this chapter and which entire building shall be completed within one year from the date of issue. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and which entire building shall be completed within one year from date of issue.
B.
If an amendment to this chapter is hereafter adopted changing the boundaries of districts, the provisions of this chapter, with regard to buildings or permits existing or buildings under construction or building permits issued at the time of the passing of this chapter, shall apply to buildings or premises existing or buildings under construction or building permits issued in the area affected by such amendment at the time of the passage of such amendment.
§ 213-8 Penalties for violations.
[Amended 5-20-2003 by L.L. No. 7-2003; 4-29-2008 by L.L. No. 13-2008; 7-15-2008 by L.L. No. 17-2008; 4-22-2009 by L.L. No. 8-2009; 1-25-2011 by L.L. No. 5-2011; 4-27-2022 by L.L. No. 10-2022]
Legislative intent. The Town Board finds that the proliferation of violations of the provisions of the Town Code of the Town of Babylon and of conditions of or imposed on zoning-related grants and/or approvals by the Town Board, Planning Board and Zoning Board of Appeals has caused a serious threat to the safety and welfare of the residents of the Town and has eroded the quality of life of all who live and work in the Town. The Town Board therefore finds it necessary and proper to increase the fines and related penalties for violations of the Town Code. It is the further intent of the Town Board to exercise its authority as provided by law with particular reference to its authority pursuant to Municipal Home Rule Law § 135, and the Town Board hereby supersedes any inconsistent provisions of state law.
A.
Unless a specific penalty is provided for such violation elsewhere in this chapter, any person who shall violate any of the provisions of this chapter or who shall fail to comply therewith or with any of the requirements thereof or who shall build or alter or use any building or land in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of an offense, and upon conviction thereof, a fine of not less than $250 nor more than $1,000 must be imposed and a term of imprisonment for a period not to exceed 15 days may be imposed, or both, for a first offense; for conviction of a second offense, both of which were committed within a period of five years, a fine not less than $1,000 nor more than $2,500 must be imposed and a term of imprisonment for a period not to exceed 15 days may be imposed; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, a fine not less than $2,500 nor more than $5,000 must be imposed and a term of imprisonment for a period not exceed 15 days may be imposed. Each day's continued violation shall constitute a separate additional offense.
[Amended 12-20-2023 by L.L. No. 25-2023]
B.
Upon application of the Town Attorney's office, an offense based on a violation of this chapter may be reduced to an "attempted offense" as established by the New York State Penal Law § 110.00. Penalties for the reduced charge of attempt shall be:
(1)
Any person who shall attempt to violate any of the provisions of this chapter shall be guilty of an offense, and upon conviction thereof, a fine of not less than $100 nor more than $500 must be imposed and a term of imprisonment for a period not to exceed 15 days may be imposed, or both, for a first offense; for conviction of a second offense, both of which were committed within a period of five years, a fine of not less than $500 nor more than $1,000 must be imposed and a term of imprisonment for a period not to exceed 15 days may be imposed, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, a fine of not less than $1,000 nor more than $2,500 must be imposed and a term of imprisonment for a period not to exceed 15 days may be imposed, or both. Each day's continued violation shall constitute a separate additional offense.
C.
Notwithstanding anything in § 213-8A and B, any person who shall allow, permit or suffer the existence of a rooming house on any property within the Town of Babylon shall be guilty of a Class A misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than $5,000 and not more than $10,000 or imprisonment for a period not to exceed one year, or both.
(1)
Upon application of the Town Attorney's office (Special Assistant District Attorney), an offense based on a violation of this chapter may be reduced to an attempted offense as established by the New York State Penal Law § 110.00. Penalties for the reduced charge of attempt shall be:
(a)
Any person who shall attempt to violate any of § 213-62A, 213-75.3A, 213-77A, or 213-92A of this article shall be guilty of an offense and, upon conviction thereof, a fine of not less than $2,000 nor more than $5,000 must be imposed and a term of imprisonment for a period not to exceed 15 days may be imposed, or both.
D.
Unless a specific penalty is provided for such violation elsewhere in this chapter, any person found by the Bureau of Administrative Adjudication to have violated this chapter shall be subject to a monetary penalty of not less than $500 nor more than $1,500 for a first violation, not less than $1,000 nor more than $2,500 for a second violation committed within five years of the first violation, and not less than $1,500 nor more than $5,000 for a third or subsequent violation, all of which were committed within a period of five years.
[Amended 12-20-2023 by L.L. No. 25-2023]
E.
Notwithstanding anything in § 213-8D, the penalties for the following violations of this chapter are as provided below:
[Added 12-20-2023 by L.L. No. 25-2023]
(1)
Any person found by the Bureau of Administrative Adjudication to have violated Article III of this chapter shall be subject to a monetary penalty of not less than $750 nor more than $1,500 for a first violation, not less than $1,500 nor more than $2,500 for a second violation committed within five years of the first violation, and not less than $2,000 nor more than $5,000 for a third or subsequent violation, all of which were committed within a period of five years.
(2)
Any person found by the Bureau of Administrative Adjudication to have allowed, permitted or suffered the existence of a rooming house on any property within the Town of Babylon in violation of this chapter shall be subject to a monetary penalty of not less than $1,000 nor more than $2,500 for a first violation, not less than $2,000 nor more than $3,500 for a second violation committed within five years of the first violation, and not less than $3,000 nor more than $5,000 for a third or subsequent violation, all of which were committed within a period of five years.
§ 213-9 Parties responsible for offenses.
[Amended 9-13-2006 by L.L. No. 31-2006; 4-27-2022 by L.L. No. 10-2022]
No owner or lessee or person having possession and control of a premises or any part thereof shall cause or permit any violation of this chapter to exist or fail to comply with the requirements of this chapter, and any architect, builder, contractor, agent, person, firm or corporation which shall have caused or permitted or assisted in the commission of any violation of this Code or fails to comply with any provision or requirement of this Code shall each be guilty of a separate and individual offense and, upon conviction thereof or upon a determination of liability by the Bureau of Administrative Adjudication, shall be punished as herein provided.
§ 213-10 Action to restrain and abate violations.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceedings, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
§ 213-10.1 Consent of owner required prior to application.
[Added 10-20-1987]
The owner of any parcel of land, structure or other type of property which is the subject of an application made to any board, commission or agency with the authority to hear any application authorized under any section of this chapter shall file with such board, commission or agency a duly executed, signed sworn statement consenting to the making of an application concerning said parcel of land, structure or other type of property by said applicant.