Babylon City Zoning Code
ARTICLE XXV
PIP-1 Planned Industrial Park District-1
§ 213-315 Policy and purpose.
A.
It is hereby declared to be the policy of the Town of Babylon to provide a protective zoning classification for a park-like development of industry that is based on the performance of an industry as well as on the type of industry.
B.
It is the purpose of this article and the regulations contained herein to provide a favorable operating environment for industry and to further provide for the protection and safeguard of such industry from the encroachment of uses which are incompatible and adverse to the operation and expansion of such industry.
C.
In addition, this article is designed to minimize the impact of industries on surrounding nonindustrial land uses, to minimize traffic flow problems and, in general, to help to promote the health, safety, comfort and welfare of the present and future workers of the district and residents and workers of the surrounding neighborhood.
§ 213-316 Definitions and word usage.
A. ACCESSORY BUILDING BUILDING AREA CORNER LOT DATE OF ADOPTION DEPTH OF A LOT DOUBLE FRONT LOT DWELLING EFFECTIVE DATE FENCE FRONT YARD FRONT BUILDING LINE GROUND STORY or FIRST STORY HEIGHT OF A BUILDING LOT AREA MINOR GARAGE OFF-STREET PARKING AREA PARKING SPACE PREMISES PUBLIC GARAGE REAR YARD SIDE YARD SIGN STREET LINE or FRONT PROPERTY LINE STRUCTURE TENANT WIDTH OF A LOT
Unless otherwise stated expressly, the following words and expressions, where used in this article, shall have meanings as follows:
A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.
The area of the maximum horizontal cross section of the building on a lot.
A lot having a street line along two streets forming an angular or curved corner.
The date that the Zoning Ordinance is formally adopted by resolution of the Town Board and entered in its minutes.
The average of the distance from the street line of the lot to its opposite rear line, measured in the general direction of the sidelines of the lot.
A lot having a street line at both ends of the lot.
A building designated for and occupied exclusively as a home or residence for one or more families.
Vertically inserted redwood-slatted chain link or a fence fabric approvable by the Planning Board of a specifically designated height to be established by the Planning Board.
The required open space extending along the street line of any street on which the lot abuts.
The line across the entire frontage of the lot at the required front setback distance. Also any part of a building facing the front street line shall be considered the front of the building.
The lowest story of a building entirely above the level of the ground in front of a building.
The distance measured from the mean average grade of the ground surrounding the building to a point midway between the highest and lowest points of the roof, provided that chimneys, spires, towers, elevator penthouses, tanks and similar projections shall not be included for the purpose of determining the height.
The area of a lot on which a building and its accessories may be located as permitted by the Town Board, exclusive of land in the bed of any street.
A building, not a private garage, used for the storage only of noncommercial vehicles, and a building, not a private garage, used for the storage of commercial vehicles only for a purpose accessory to the permitted use of the lot.
The area of a lot or a building used or designed 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.
The space required for each motor vehicle intended or required to be parked in an off-street parking area.
The land and all buildings and structures thereon.
A building, other than a private or a minor garage, used for the housing, storage or repair of trucks, trailers and automobiles, whether or not accessory or incidental to another use.
The required open space extending along the rear lot line (not a street line) throughout the whole width of the lot.
The required open space extending along the side lot line from the front yard to the rear yard.
Includes 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.
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 fences over four feet in height and signs; the word "structure" shall be construed as though followed by the words "or part thereof."
One who holds property by lease or rent.
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" and the word "shall" is always mandatory. All other words or phrases not expressly defined herein shall take on the definition included in Black's Law Dictionary.
§ 213-317 Permitted uses.
A.
No building, structure or land shall be used and no building or structure shall hereafter be erected, structurally altered, enlarged or maintained, except for one or more of the following uses. All of the following operations and activities shall be carried on within fully enclosed structures, and there shall be no outdoor storage of materials, equipment or vehicles, other than as expressly stated in § 213-328 of this article, entitled "Outside storage and display; vehicle storage."
[Amended 11-17-2011 byL.L. No. 21-2011]
(1)
Light industrial use: light industrial establishments in which the principal activity shall be the manufacture, intermediate processing or assembly of goods or similar operations which conform to the performance standards contained in § 213-341 of this article.
(2)
Research and development design laboratories.
(3)
Warehousing and distribution use: warehousing and distribution plants, but not including coal, petroleum or petroleum products.
(4)
Office building use.
(5)
Banks.
(6)
Broadcasting station.
(7)
The following use when allowed as a special exception by the Board of Appeals, subject to conditions, restrictions and safeguards as may be imposed by the Board of Appeals:
[Added 12-15-2014 by L.L. No. 16-2014]
(a)
Gymnastics center. Provided however, that the lot line for any gymnastics center shall not be located within a one-thousand-foot radius of the lot line of another such legal gymnastics center within the PIP District.
B.
All other requirements of the Planned Industrial Park District shall apply.
C.
All uses other than those expressly listed above are to be considered as prohibited uses.
§ 213-318 Height of buildings.
[Amended 5-15-1990]
In the PIP-1 District, no building or structure hereafter erected or altered shall exceed 35 feet in height, except as designated by the Town Board, whereby the maximum height shall not exceed 50 feet.
§ 213-319 Lot area; street frontage.
In the PIP-1 District, no building shall be erected or altered on a lot having an area of less than 1 1/2 acres (65,340 square feet) or upon a lot having a street frontage of less than 150 feet.
§ 213-320 Front yards; parking usage.
A.
In the PIP-1 District, the required front yard depth shall be not less than 45 feet measured from the front property line (after the widening, if any, of the abutting streets) to the front of the building. The front yard shall be suitably sodded, shrubbed, landscaped and neatly maintained. There shall be no parking permitted in the front yard, except for no more than four parking spaces located in front of the building line for the first 150 feet of road frontage, and there may be one additional parking space for each additional 50 feet of road frontage, provided that the minimum landscaping requirements are met. In those cases where there exists a double front lot or corner lot, parking shall be permitted in only one designated front yard, and the number of spaces shall be based upon the street frontage of only that front yard. There shall be no parking within the first 45 feet of the front yard, measured from the front property line.
[Amended 7-9-1996 by L.L. No. 12-1996]
B.
In the case of facade or facade-related improvements in Town Board designated commercial facade improvement areas, there shall be no minimum front yard setback requirement.
[Added 5-15-1984]
§ 213-321 Overhead doors.
Overhead doors are prohibited along any building frontage facing on any street. Overhead door access shall not be permitted in the front yard.
§ 213-322 Double front lots.
In the PIP-1 District, in the case of double front lots, the front yard shall have a required depth of not less than 45 feet measured from the front property line (after widening, if any, of the abutting street) and shall conform to the requirements for front yards contained in §§ 213-320 and 213-321; and the yard abutting the other street shall have a required depth of not less than 45 feet measured from the property line abutting such streets (after widening, if any, of the abutting street), and 45 feet from the property line abutting such street shall be suitably shrubbed, landscaped and neatly maintained.
§ 213-323 Corner lots.
In the PIP-1 District, corner lots shall have a front yard on each street as is provided for in § 213-320; both front yards shall have a required depth of not less than 45 feet measured from the property line abutting such streets (after widening, if any, of the abutting street), and 45 feet from the property line abutting such street shall be suitably sodded, shrubbed, landscaped and neatly maintained. There may be paved parking in remaining setback areas abutting such street. There shall be two side yards as required by § 213-324. All restrictions contained in §§ 213-320 and 213-321 of this article, entitled "Front yards" and "Overhead doors," shall remain in effect.
§ 213-324 Side yards.
In the PIP-1 District, there shall be required two side yards. The total of the widths of both side yards shall be not less than 60 feet, and neither side yard shall be less than 10 feet wide. No primary structures shall be erected within 30 feet of an adjoining primary structure on an abutting parcel. There shall be a landscaped area with a minimum depth of 10 feet running along the entire side of each side property line. The landscaped area shall be suitably shrubbed, landscaped and neatly maintained pursuant to approval by the Planning Board. Where the side yard abuts a residential property, the landscaped area shall have a minimum depth of 30 feet and the side yard shall have a minimum width of 50 feet.
§ 213-325 Rear yards.
In the PIP-1 District, the required rear yard depth shall be not less than 30 feet measured from the rear property line to the rear of the building. There shall be a landscaped area with a minimum depth of 10 feet running along the entire rear property line. The landscaped area shall be sodded and neatly maintained. Where the rear yard abuts a residential property, the rear yard shall have a minimum width of 50 feet and the landscaped area shall have a minimum depth of 30 feet.
§ 213-326 Building area.
The maximum building area shall not exceed 42% of the total lot area; and the maximum impervious area (building plus paved area) shall not exceed 70%.
§ 213-327 Parking requirements.
A.
There shall be no on-street parking in a PIP-1 District. All public streets shall be posted with "no parking" signs.
B.
Each parking space shall be a minimum of 9 feet by 19 feet. In addition, there shall be sufficient aisle space for adequate ingress, egress and maneuvering areas as follows:
(1)
For ninety-degree parking, the minimum width of the aisle shall be 22 feet.
(2)
For sixty-degree parking, the minimum width of the aisle shall be 18 feet.
(3)
For forty-five-degree parking, the minimum width of the aisle shall be 14 feet.
(4)
For thirty-degree parking, the minimum width of the aisle shall be 12 feet.
C.
All parking areas shall have sufficient curb cuts, as determined by the Planning Board, to ensure proper and safe ingress and egress on the site.
D.
Underground parking is permissible.
E.
The following minimum number of off-street parking spaces shall be provided and satisfactorily maintained by the owner of the property for each building hereafter erected for use for any of the following purposes:
(1)
Offices: one space for each 200 square feet of gross floor area of the designated office space, irrespective of the current use of the floor area. When the actual gross floor area designated for office use does not exceed 10% of the gross floor area, a minimum of 10% of the gross floor area shall be calculated as office use in all applications, regardless of the actual gross floor area designated for office use.
(2)
Light industrial establishments: one space for each designated 600 square feet of gross floor space.
(3)
Warehousing: one space for each designated 700 square feet of gross floor area.
(4)
Research, development and design laboratories: one space for each 200 square feet of gross floor area of the laboratory, irrespective of the current use of the floor area.
(5)
Banks: one space for each 200 square feet of gross floor area of the bank building, plus one space for each two employees.
(6)
Restaurants and bars: one space for each four seats; plus one space for each three linear feet of counter at stand-at-counter areas; plus one space for each two employees on the maximum work shift.
F.
In each case where a change of use occurs, parking requirements shall be recalculated to reflect the change of use. and a revised site plan shall be resubmitted to the Planning Board for its review.
§ 213-328 Outside storage and display; vehicle storage.
A.
In the PIP-1 District, there shall be no outside storage of materials, equipment or merchandise and/or display of merchandise, materials, equipment or vehicles intended for sale and which are displayed for that purpose. Vehicles used in conjunction with the use of the building may be stored in a designated vehicle storage area. This area is to be enclosed on at least three sides by a minimum ten-foot-high redwood-slatted chain link fence or similar fence fabric approvable by the Planning Board. In addition, a buffer zone, five feet wide with densely planted fifteen-foot high shrubs and trees, shall be located along the perimeter of the fence. The vehicle storage area may not be located in the front yard.
B.
At the discretion of the Planning Board, the applicant may be required to enclose the entire vehicle storage area with a ten-foot-high redwood-slatted chain link fence, permitting entrance into the vehicle storage area through a ten-foot-high slatted chain link gate.
§ 213-329 Accessory structures.
In the PIP-1 District, there shall be erected upon the premises only one primary building, and no other buildings will be permitted other than a gatehouse or similar structure approved in advance by the Planning Board, and which shall be located not forward of the front building line.
§ 213-330 Fence heights.
Fences shall not encroach in the area designated as the front yard. No fence shall exceed 10 feet in height, except in designated vehicle storage areas allowed in § 213-328 of this article. Fence fabric is to be approved by the Planning Board.
§ 213-331 Buffer strips.
Whenever a PIP-1 zoned parcel shall abut a residential zoned parcel or any parcel used for residential purposes, a six-foot redwood-slatted (vertically inserted) chain link fence or similar fence fabric approvable by the Planning Board shall border same, and there shall also be planted living hemlocks five feet tall and three feet on center, planted three feet from the property line within the required ten-foot landscaped area, unless the Planning Board shall require a greater or larger buffer strip.
§ 213-332 Signs.
A.
This section provides for sign alternatives that are both functional and aesthetic. Signs which are allowable are signs that identify the planned industrial park; street signs; directional signs; user identification freestanding signs; and corporate name or logo wall signs. The intent of this sign section is to ensure the consistency (in size, shape, color, lettering, location, lumination, etc.) of allowable types of signs to be utilized uniformly throughout the planned industrial park. In all cases, directional signs shall be a uniform size of two feet and shall not exceed four feet in height; and further, user identification freestanding signs shall be a uniform size of 3 feet by 9 feet and shall not exceed four feet in height. Each specific application of the sign section of this article shall be subject to the approval of the Planning Board in cooperation with the Architectural Review Board.
B.
Any sign authorized by this section is permitted to contain noncommercial copy in lieu of any other copy.
[Added 9-25-1990]
§ 213-333 Outdoor lighting.
This section provides for outdoor lighting alternatives that are both functional and aesthetic. Outdoor lighting is allowable in the following instances: street lighting; parking lot lighting; sign lighting; exterior building lighting; and walkway lighting. The intent of this outdoor lighting section is to ensure the consistency (in size, style, color, location) of allowable types of outdoor lighting to be utilized uniformly throughout the planned industrial park. Each specific application of the outdoor lighting section of this article shall be subject to the approval of the Planning Board in cooperation with the Architectural Review Board.
§ 213-334 Utility facilities.
A.
All wiring, feed lines, energy sources and all equipment accessory to all utilities shall be placed underground. Alternate energy systems are encouraged and shall be reviewed by the Planning Board on a case by case basis with regards to the restrictions of this article. Alternate energy systems must be indicated on site plans.
B.
All storage tanks shall be installed underground or within the primary structure. All mechanical and other equipment shall not be allowed in the front yard and shall be suitably screened according to Planning Board requirements as indicated on a site plan approvable by the Planning Board.
§ 213-335 Building exteriors.
All walls of buildings, with the possible exception of the rear building wall, shall be finished with face brick, stone, modern metal paneling, wood, glass, precast concrete finished with an attractive surface or their equivalent. No unpainted or unfinished metal or galvanized metal sidings shall be permitted for any exterior walls or roofs. All building exteriors, including but not limited to precast concrete, tilt-up concrete, metal or wood partitions, shall be painted in a color approved by the Planning Board and Architectural Review Board as indicated on the required rendering of the building. Preengineered buildings are prohibited unless the building exterior is finished with face brick, stone, modern metal paneling, wood, glass, precast concrete finished with an attractive surface or their equivalent.
§ 213-336 Required landscaping.
A.
A minimum of 30% of the parcel shall be landscaped with sod, shrubs, trees and other comparable surface cover in accordance with a plan approved by the Planning Board. The required landscaped front, rear and side yards set forth in this article may be included in the computation of the percentage of landscaping required. All front yards shall be suitably shrubbed, landscaped and maintained.
B.
There shall be one street tree for every 30 feet of street frontage, set back no more and no less than 15 feet from the curbline.
C.
All parking areas that are visible from the front property line, as determined by the Planning Board, shall be concealed from the street by an earthen landscaped berm with a number of dense trees and/or shrubs planted along the berm in such a manner as to screen parked vehicles as seen from the front property line. The landscaping and construction of the berm shall be approved by the Planning Board.
D.
Property not utilized for building area but included as expandable undeveloped area shall be screened by earthen berms and appropriate landscaping. This screening line shall be at the front building line, and the front yard shall be suitably landscaped. All undeveloped areas that are planned for future building expansion or other purposes shall be maintained and kept free of unsightly plant growth, stored materials, rubbish and debris and may be left in their natural state.
§ 213-337 Occupancy.
No building or structure erected pursuant to this article, other than predesignated office buildings or financial institutions, shall be occupied or used by more than one tenant or devoted to more than one use authorized by this article, except when expressly authorized by the Town Board.
§ 213-338 Loading berths.
A.
In addition to the required number of off-street parking spaces, the following maximum number of loading berths may be provided and satisfactorily maintained by the owner of the property for each industrial building, structure or premises which shall be hereafter erected, enlarged or altered: one loading berth for the first 5,000 square feet of gross floor area of building or fractional part thereof, plus one loading berth for each additional 10,000 square feet of gross floor area or fractional part thereof.
B.
The minimum required size of each loading berth shall be 12 feet by 55 feet and shall have a vertical clearance of 14 1/2 feet.
C.
No loading spaces shall be allowed if specifically prohibited by the Planning Board. The Planning Board shall encourage all users to provide loading berths inside the erected structure.
§ 213-339 Environmental assessment to be filed.
Each applicant will be required to prepare an environmental assessment [similar to that required by the New York State Environmental Quality Review Act (SEQRA)] and to file this assessment with the Planning Board, and it shall accompany the site plan application. The regulations of SEQRA shall govern each assessment.
§ 213-340 Review of site plans.
One complete set of the required number of site plans and rendering(s) furnished by the applicant shall be made available by the Planning Board to the Architectural Review Board for its review. This review shall run concurrently with the review of the Planning Board.
§ 213-341 Standards of usage.
It is the intent of these regulations to prevent land and/or buildings within the PIP-1 District zone to be used or occupied in any manner so as to create dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazardous conditions; noise or vibration; smoke, dust, fumes, odor or other forms of air pollution; electrical or other disturbances; glare or heat; or the disposal of liquid or solid wastes or refuse contrary to the environmental regulations of the Town of Babylon; conditions conducive to the breeding of rodents or insects; or other dangerous or objectionable elements in an amount or manner so as to adversely affect the surrounding area. Any use of land permitted under this article may be undertaken and maintained if it conforms to all district regulations of this section.
§ 213-342 Property maintenance.
A.
Each owner and tenant shall keep its premises, buildings, improvements and appurtenances in a safe, sightly, clean, neat and wholesome condition and shall comply in all respects with all governmental requirements. Each owner and tenant (where applicable) shall remove at its own expense any rubbish or trash of any character which may accumulate on its property and shall keep unlandscaped (including paved parking areas) and landscaped areas neat and well maintained. Rubbish and trash shall not be disposed of on the premises by burning in open fires or incinerators.
B.
During construction all building sites (and streets used by construction equipment) shall be kept in a reasonably clean and neat condition, and all trash, rubbish and debris (and, with respect to streets, mud and dirt) shall be kept removed therefrom during any construction work thereon, with final removal to be accomplished promptly after completion of such work.
C.
All buildings, structures, signs, fences and landscaping shall be maintained in accordance with the provisions of this article and all other applicable codes and ordinances of the Town of Babylon, and violations thereof may be prosecuted and enforced in the same manner as provided therein.
D.
All refuse containers are to be stored inside the building structure.
E.
Once construction on-site has been initiated, work shall continue in an expeditious workmanlike manner until the structure is complete and a certificate of occupancy is issued.
§ 213-343 Enforcing officer.
The Commissioner of the Department of Planning and Development or his designee shall act as the code enforcer of all the sections contained within this article. Any person or corporation, including but not limited to the owner, lessee, architect or builder or an agent or employee of any of them who violates or is an accessory to the violation of any section of this article shall be summonsed and fined by the designated Town official in accordance with § 213-345 of this article.
§ 213-344 Alteration of Planning Board requirements.
All existing Planning Board requirements are to remain in effect. No alterations of a Planning Board approved site plan shall be permitted without submitting a revised site plan to the Planning Board and having that site plan approved in writing by the Planning Board.
§ 213-345 Penalties for violations.
[Amended 4-27-2022 by L.L. No. 10-2022]
A.
Unless otherwise provided herein, any person who fails or neglects to comply with any section of this article shall be guilty of an offense and, upon conviction thereof, shall be punishable by a fine not less than $100 nor more than $250 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment.
B.
Each day's continued violation shall constitute a separate offense.
C.
Civil penalties, where imposed in a specific ordinance pursuant to the laws of the State of New York, shall be in addition to any fine and/or imprisonment provided for in Subsections A and B of this section. In addition, any person found by the Bureau of Administrative Adjudication to have violated this article shall be subject to a monetary penalty of not less than $100 nor more than $250.
D.
In addition to the fine and/or imprisonment and civil penalties as provided for in Subsections A, B and C of this section, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any section of this article.