Babylon City Zoning Code
ARTICLE XLV
Grand Canal Boat Berth District
[Added 7-21-2021 by L.L. No. 5-2021]
§ 213-562 Purpose and intent.
It has been brought to the Town Board's attention that the overintensification of deeded waterfront parcels is occurring in the Grand Canal area of American Venice in the Town of Babylon. This article seeks to regulate the use of these parcels to promote the more orderly use of this property and to limit allowable improvements to those specifically related to boat dockage and waterfront use and access. These parcels do not meet the minimum lot area requirements for a principal dwelling. In many cases these parcels have been transferred from the original owner and are no longer associated with a larger parcel with a dwelling. The permitted use of these parcels, as set forth in this article, is primarily for a boat berth and access to the water. Excessive outside storage and improvements on deeded waterfront parcels may also increase debris fields and the potential release of pollutants and damage during storm events thereby increasing recovery needs and costs for the Town of Babylon.
§ 213-563 Geographic area.
The geographic area of the Grand Canal Boat Berth District shall be identified on the amendment to the Official Town Zoning Map titled "Grand Canal Boat Berth District," filed in the Town Clerk's Office on ______________.
§ 213-564 Definitions.
As used in this article, the following terms shall have the meanings indicated:
DEEDED WATERFRONT PARCELS
Small vacant parcels of waterfront land intended for the purpose to provide access to the water and boat dockage. Many of these parcels were created along canals and waterways of the Town subordinate to larger parcels with dwellings.
DERELICT VESSEL
Any vessel, boat barge, or floating structure left, stored or abandoned in a sunk, listing, adrift, wrecked, junked, nonoperable or dismantled condition or made fast along the frontage of a deeded waterfront parcel in an inoperable condition. Vessels stored in an inoperable condition continuously on a deeded waterfront parcel or made fast to a deeded waterfront parcel for three or more years shall also be considered a derelict vessel. A derelict vessel shall be subject to all enforcement actions and procedures of § 133-25, Outdoor deposit or storage of waste.
FLOATING HOME
Any vessel designed or, in fact, used or occupied as a dwelling unit, living and sleeping quarters, business office or source of any occupation or for any private or social club of any nature, including but not limited to a structure constructed upon a barge primarily immobile and out of navigation or which functions substantially as a land structure while the same is moored or docked, whether such vessel is self-propelled or not.
PERVIOUS SURFACE
A treatment that allows water to percolate through the subsoil, such as gravel, stone and paver systems with a pervious subbase.
§ 213-565 Allowable uses and improvements.
A.
On deeded waterfront parcels in the Grand Canal Boat Berth District only the following improvements and uses are permitted without meeting the minimum lot area requirements, the existence of a principal structure on the lot and any and all dimensional requirements of the A, B, and C Residential Zoning districts:
(1)
Bulkhead; stabilized rip-rap; floating docks parallel along a bulkhead.
(2)
Boatlifts for the purpose of storing vessels.
(3)
Jet-Ski floats/docks.
(4)
A shed not greater than 100 square feet; or
(5)
Gazebo not greater than 100 square feet; or
(6)
A pergola with a footprint not greater than 140 square feet. The footprint is calculated by the area created by perimeter of the outer structural members of the pergola.
(a)
The maximum height of a shed, pergola or gazebo shall be 10 feet as measured by the average adjacent grade from the four corners of the structure.
(7)
Boats, watercraft and trailers.
(a)
Registered boats and trailers. For boats not required to display a current registration number and sticker, this documentation shall be provided by the owner of record of the subject parcel at the request of any Town of Babylon inspector.
(b)
Storage of registered boats and watercraft on blocks.
(c)
The docking of registered boats and watercraft.
(d)
Storage and the docking of canoes, dinghies, kayaks and other similar nonmotorized craft and registered duck boats.
(e)
Boats must be docked parallel to the deeded waterfront parcel.
(8)
At grade decks, pavers and concrete slab. At grade is defined as 12 inches or less finished height above the adjacent grade from as measured from the four corners of the improvement. Pervious treatments such as stone, gravel and pavers are encouraged and may cover up to 50% of the entire parcel. Slabs and decks shall not exceed a maximum of 100 square feet. Up to a four-foot-wide dock platform running parallel and abutting along a bulkhead is not included in this calculation.
(9)
Fences up to four feet in height. Perimeter fencing shall not be of solid construction; with the exception of the fencing separating parcels or facing a side yard.
(10)
Uses and minor improvements ancillary to the harvest of shell or finfish. This includes the storage of minnow pots, crab pots, cast nets and similar fishing gear.
(11)
All structures and decking must be suitably anchored to prevent flotation and lateral movement during flood events in accordance with Chapter 125 of the Code of the Town of Babylon, Flood Damage Control, and applicable state and federal building codes and regulated in connection with floodplain management.
B.
Only one accessory structure is permitted on a deeded waterfront parcel, including but not limited to sheds, pergolas and gazebos. All improvements including but not limited to sheds, pergolas, gazebos, fences, electric power and lighting, and boat lifts shall require a building permit. The addition of a pervious surface and/or landscaping does not require a building permit.
C.
The lot coverage inclusive of both the accessory structure and any impervious surfaces shall not exceed 50% in any case. Up to a four-foot-wide dock platform running parallel over the land and abutting a bulkhead shall be exempt from the lot coverage calculation.
§ 213-566 Prohibited uses and improvements.
On deeded waterfront parcels the following improvements and uses are prohibited:
A.
Storage of motor vehicles or commercial equipment or vehicles or docking of commercial vessels as defined in § 86-8C of the Code of the Town of Babylon, except motor vehicles may be parked on the deeded waterfront parcels adjacent to the American Venice Bridges and those parcels with street frontage where on-street parking is prohibited as identified on the Town of Babylon Zoning Map as Grand Canal Boat Berth District Parking Allowed (PA).
B.
Commercial uses, except those ancillary to the harvest of shell or finfish. All other provisions of Chapter 86 and the Town of Babylon Zoning Code not in conflict with this article apply.
C.
Floating homes or the use of a boat or vessel for live aboard occupancy.
D.
Installation of perpendicular docks and/or poles to allow perpendicular docking of vessels.
E.
The installation of above and below ground tanks and any fuel or chemical storage.
F.
No improvements or placement of objects shall be constructed within the Town of Babylon right-of-way (ROW).
G.
Any uses prohibited in the A, B and C Residence Districts pursuant to Chapter 213 of the Zoning Code of the Town of Babylon.
H.
Installation of sanitary facilities.
I.
Habitable space and/or occupancy of any type.
J.
Campers and motor homes.
K.
Tents, canvas or fabric garages or shelters, or other similar pop up structures erected for greater than 24 hours.
L.
No docked watercraft or permanent or temporary float, dock or pier or other structure can encroach in the authorized navigation channel.
§ 213-567 Other approvals required.
The following is required for any construction or electrical work:
A.
As applicable New York State Department of Environmental Conservation and United States Army Corp of Engineers.
B.
Underwriters certificate for any electrical improvements such as dock power, electrical outlets and lighting in connection with any duly authorized Town of Babylon building permit.
C.
Town of Babylon Department of Public Works Engineering Division approval for any bulkhead work if a drainage easement exists on site or for any work above a drainage easement.
§ 213-568 Property maintenance and upkeep.
At all times the owner of a deeded waterfront parcel shall keep its premises and improvements in a safe, sightly, clean, neat and wholesome manner. All improvements and landscaping and turf shall be maintained, including fences, bulkheads, sheds in a manner mindful and respectful of the community. Bulkheads shall be properly maintained to remain in a functional state and not be allowed to rot or deteriorate or so as to create or allow for erosion into the Grand Canal or an adjacent parcel.
§ 213-569 Outside storage.
Excessive outside storage of materials defined as greater than 30% lot coverage and 70% lot coverage for boat storage on the parcels shall be prohibited. Only boating, watersport and marine related items shall be stored on a deeded waterfront parcel. With the exception of boats, storage of materials shall not exceed four feet in height. Derelict or abandoned vessels, barges or floating structures shall not be docked or stored on deeded waterfront parcels as defined in this article.