Babylon City Zoning Code
ARTICLE VII
A Residence District
§ 213-61 Permitted uses.
[Amended 8-17-1993 by L.L. No. 6-1993; 5-19-2014 by L.L. No. 5-2014]
In an A Residence District, no building or premises shall be used and no building shall be hereafter erected or altered, unless otherwise provided for in this chapter, except for one or more of the following uses:
A.
One-family dwelling.
B.
Churches, places of worship and parish houses.
C.
Public parks, playgrounds and recreational areas when authorized or operated by a governmental authority.
D.
Colleges or universities; provided, however, and as a continuing condition of such use, that:
(1)
The lot area therefor shall be not less than 75 acres and that the plot or premises shall have at least 400 feet of continuous frontage upon a public road, street or highway with only one means of vehicular ingress and egress hereto from said premises.
(2)
Buildings of all types, a stadium and structures accessory thereto shall not exceed 10% of the total lot area; provided, however, that grandstands which are not part of a stadium shall not be included within such building area limitations.
(3)
In addition to such off-street parking areas as are required in any residential use district, off-street parking areas shall be provided in the ratio of one parking space for every two students of the total student capacity thereof, and no parking area shall be within 150 feet of any property or lot line.
(4)
No structures or buildings shall be erected within 150 feet of any property or lot line.
(5)
No structure or building shall be erected thereon in excess of three stories or 50 feet in height.
E.
A regularly organized elementary or high school approved by the Board of Regents of the State of New York.
F.
Customary agricultural occupations; provided, however, that no storage of manure or odor- or dust-producing substances shall be permitted within 100 feet of any side or rear lot line or within 150 feet of any street line.
G.
Office of a physician, lawyer, architect, musician, teacher or similar professional person residing on the premises and when such use is incidental to such residence; provided, however, that such use shall be within the main dwelling and occupying not more than 1/3 of the first-floor area.
H.
Golf courses and country clubs, when occupying not less than 50 acres, not including, however, clubs whose activities include the maintenance, storage or takeoffs and landings of aircraft.
I.
Accessory buildings and structures, including a private detached garage when located not less than 60 feet from the front lot line or a private garage within, attached to or made an integral part of the main dwelling which shall have a front yard of 40 feet.
J.
Other customary accessory uses and buildings, provided that such uses are incidental to the principal use, but such uses shall not include any activity conducted as a business.
K.
Subject to the provisions of §§ 86-8B, 86-10B and 86-11, not more than one boat for every 35 feet of water frontage, up to three boats, or as determined by the Planning Board in a subdivision map at the time of plat approval, shall be docked at or placed upon such real property where such real property is not improved by any buildings or structures used as a residence or where the owner of the real property does not use the premises as his/her principal residence.
L.
Solar energy production facility, when occupying not less than 50 acres and when allowed as a special exception by the Planning Board, subject to conditions, restrictions and safeguards as may be imposed by the Planning Board.
§ 213-62 Uses not permitted.
[Added 6-15-1971]
Anything in this chapter to the contrary notwithstanding, in an A Residence District, no building or premises shall be used and no building shall be erected or altered for any of the following uses:
A.
Rooming house.
B.
Boardinghouse.
C.
Rest home.
D.
Private proprietary nursing home.
E.
Private proprietary convalescent home.
F.
Private proprietary home for adults.
G.
Wrestling rings, boxing rings or similar type structures.
[Added 5-7-2002 by L.L. No. 5-2002]
H.
Parking and/or storing of commercial vehicles for a period of longer than one hour and exclusive of local delivery.
[Added 10-1-2002 by L.L. No. 30-2002]
I.
Any use substantially similar to any of the foregoing prohibited uses by whatever name called.
[Amended 5-7-2002 by L.L. No. 5-2002; 10-1-2002 by L.L. No. 30-2002]
J.
Any business use not permitted in § 213-61, nor shall any building or premises be advertised, used, held out or offered as an address, location or place of business, nor shall any sign, poster, flyer, business card or similar item list the building or premises as an address, location or place for a business; however, nothing herein shall prohibit the use of one room in a residential structure, not more than 150 square feet in size, from being used as a private office, nor the use of a residence from conducting an Internet business or business conducted solely by telephone, however; no merchandise or items offered for wholesale or retail sale by said business shall be delivered to or shipped from any residence, nor shall any residence be used for business meetings, nor shall any person or persons, other than the owner of the premises, be permitted to conduct business on said premises or visit said premises for business purposes, nor shall any merchandise or wholesale or retail items be stored or sold on or from residential premises. Nothing herein shall prohibit any professional business from being conducted on residential premises as permitted by any other provision herein.
[Added 8-15-2006 by L.L. No. 24-2006; amended 10-20-2011 by L.L. No. 19-2011]
§ 213-63 Building height.
[Amended 11-18-1975; 5-15-1990; 6-20-2006 by L.L. No. 15-2006; 1-14-2013 by L.L. No. 3-2013]
In an A Residence District, no building or structure hereafter erected or altered shall exceed 30 feet or 2 1/2 stories. The maximum height allowance of 30 feet for existing habitable buildings or structures hereafter altered to increase the height of said building or structure located within the base flood or one-hundred-year flood zone may be increased in order to meet the enhanced height requirements in accordance with Chapter 125 of this Code and FEMA regulations. Said height allowance shall not exceed the enhanced height requirements above grade as defined in Chapter 125 of this Code.
§ 213-64 Lot area.
[Amended 7-20-1999 by L.L. No. 14-1999]
In an A Residence District, no building shall be erected on a lot having an area of less than 12,500 square feet and a width of less than 100 feet at the front street line; provided, however, that a single-family dwelling may be built upon a lot held in single and separate ownership on July 25, 1954, having an area of less than 12,500 square feet and a width of less than 100 feet at the front street line; and provided, further, that in such case the width of a lot shall not be less than 70 feet and the area not less than 7,000 square feet.
§ 213-65 Front yards.
[Amended 10-1-2002 by L.L. No. 31-2002]
A.
In an A Residence District, no building hereafter erected or altered shall have a depth of front yard less than 40 feet. If on the same side of the street, 40% or more of the total street line distance between the two nearest intersecting street lines shall have been improved with two or more buildings, or, in the event that building permits shall have been issued therefor, not less than the average depth of front yard as so established by such existing or permitted buildings shall be maintained; provided, however, that any such front yard depth shall not be required to be more than 60 feet.
B.
In an A Residence District, no part of any required front yard, other than a driveway or garage, shall be used for the parking or storage of motor vehicles and/or a marine craft.
[Amended 5-3-1983 by Res. No. 3; 9-3-1980 by Res. No. 10]
C.
In an A Residence District, a maximum of 40% of the required front yard shall be used as a driveway or for off-street parking.
D.
In an A Residence District, the front yard shall have a maximum of one curb cut, with the exception of circular driveways.
§ 213-66 Corner lots.
[Amended 7-20-1999 by L.L. No. 14-1999]
In an A Residence District, a corner lot shall have a front yard along each street as is provided in § 213-65, provided that in the case of such a lot held in single and separate ownership at the effective date of this amendment of this chapter, viz., July 25, 1954, which then had and still has a width of lot at the front street line of less than 100 feet, the one of such required front yards upon which the building proposed to be erected or altered does not face or have its principal entrance may be decreased by not more than 50% of the depth required by § 213-65 of this article.
§ 213-67 Double front lots.
In an A Residence District, the required front yard for double front lots shall be provided on both streets.
§ 213-68 Side yards.
[Amended 7-20-1999 by L.L. No. 14-1999; 9-3-1980 by Res. No. 10]
A.
In an A Residence District, there shall be two side yards, one on each side of the building, except in the case of a corner lot where there shall be two front yards, one side yard and one rear yard which shall be opposite the principal front yard. The total of the widths of both side yards shall be not less that 35 feet and no side yard shall be less than 15 feet wide; provided, however, that in the case of a lot held in single and separate ownership at the effective date of this amendment of this chapter, viz., July 25, 1954, and having a width of not less than 100 feet at the front street line, a single-family dwelling may be built thereon, provided that the width of the required side yards may be reduced to a total of 28 feet and the least side to not less than 10 feet minimum.
B.
In an A Residence District, no part of any required side yard, other than a driveway or garage, shall be used for the parking or storage of motor vehicles, other than a marine craft or house coach.
§ 213-69 Rear yards.
[Amended 7-15-2003 by L.L. No. 10-2003]
A.
In an A Residence District, there shall be a rear yard having a minimum depth of 40 feet; provided, however, that in the case of a lot held in single and separate ownership at on July 25, 1954, and having a depth of lot of less than 125 feet but not less than 100 feet, a single-family dwelling may be erected or altered thereon, provided that the rear yard in such case shall be not less than 25 feet.
B.
In an A Residence District, no part of any required rear yard, other than a driveway or garage, shall be used for the parking or storage of motor vehicles, other than a marine craft or house coach.
§ 213-70 Building area.
[Amended 10-15-1985]
In an A Residence District, the total building area shall not exceed 15% of the lot area, except that for a dwelling with all habitable living area on one floor, the total building area shall not exceed 30% of the lot area.
§ 213-71 Accessory buildings.
[Amended 11-1-1988; 8-19-1997 by L.L. No. 12-1997]
In an A Residence District, one accessory building shall be permitted; provided, however, that:
A.
The square footage of an accessory building shall not exceed 500 square feet.
B.
The yard area occupied by an accessory building and accessory structures shall be included in computing the percentage of lot area permitted to be built upon.
C.
An accessory building located on the lot shall not exceed 14 feet in height measured from grade to ridge.
D.
Any accessory building shall be located on the same lot with the principal building.
E.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced.
F.
No accessory building shall be used unless the main building on a lot has been completed and is in use.
G.
No accessory building shall be built within 10 feet of any side or rear lot lines or nearer than 50 feet to any street line.
H.
The height of the garage door shall not exceed seven feet.
I.
No interior plumbing fixtures shall be permitted in an accessory building; an exterior hose bib with vacuum breaker shall be permitted.
J.
No habitable or occupied space shall be permitted in an accessory building.
K.
The exterior of accessory buildings shall be constructed of material(s) having the same or similar appearance to the main building or shall be constructed of material(s) complimentary to the main building.
[Added 2-17-1998 by L.L. No. 1-1998]
§ 213-71.1 Accessory structures.
[Added 11-1-1988; amended 3-21-1989; 8-19-1997 by L.L. No. 12-1997]
In an A Residence District, two accessory structures shall be permitted; provided, however, that:
A.
No shed shall exceed 100 square feet in area and/or 10 feet in height measured from grade to ridge. There shall be a maximum of two sheds per lot.
B.
The yard area occupied by accessory structures and an accessory building shall be included in computing the percentage of lot area to be built upon.
C.
Any and all accessory structures shall be located on the same lot with the building they are incidental to.
D.
No accessory structure shall be constructed upon a lot until the construction of the building has actually commenced.
E.
No accessory structure shall be used unless the building on the lot has been completed and is in use.
F.
No accessory structure shall be built within two feet of any side or rear lot lines or nearer than 50 feet to any street line.
G.
No accessory structure shall exceed 10 feet in height measured from grade to ridge, have a roof, nor rest more than 18 inches above the ground if it shall have a floor or deck, said limitation being measured from the lowest point of the ground thereunder.
H.
Sheds which comply with the provisions of this section shall not require a building permit. Sheds permitted by a variance granted by the Zoning Board of Appeals or modifications granted by the Planning Board, pursuant to this chapter, shall require a building permit.
I.
Decks having a height of 18 inches or less which comply with the provisions of this section shall not require a building permit. Decks permitted by a variance granted by the Zoning Board of Appeals or modifications granted by the Planning Board, pursuant to this chapter, shall require a building permit.
J.
The permitted encroachment shall not exceed six inches for the roof overhang.
K.
No habitable or occupied space shall be permitted in an accessory structure.
§ 213-72 Fences, hedges and shrubbery.
[Amended 1-7-1975; 11-1-1988]
A.
In an A Residence District, the following fences, as defined in this chapter, shall be permitted:
(1)
On the rear lot line and side lot lines, enclosing the rear and side yards, fencing may be erected not exceeding six feet in height, provided that it shall not exist in the front yard, that being beyond the front building line of the principal structure, on either side.
(2)
In the front yard, beyond the front building line of the principal structure, fencing may be erected not exceeding four feet in height.
(3)
On a corner lot, within the triangular area bounded by the lot lines connecting at the street corner of the lot and a point 20 feet from that intersection on each of said connecting lot lines, solid fencing, which might tend to cause a vision obstruction, may be erected not exceeding three feet in height.
(4)
Within 10 feet of the edge of either side of the ingress and/or egress of a driveway, solid fencing, which might tend to cause a vision obstruction, may be erected not exceeding three feet in height.
(5)
In all fence installations, the good side shall face out.
[Added 11-18-2009 by L.L. No. 26-2009]
(6)
All fences and screening must be maintained in good repair and free of loose, broken and/or missing boards, pieces and/or sections. The failure to maintain a fence in compliance with this subsection shall constitute a violation punishable as set forth within § 1-15.
[Added 4-25-2018 by L.L. No. 12-2018]
C.
The provisions of this section shall also apply to hedges and/or densely growing shrubbery.
D. FRONT BUILDING LINE FRONT YARD
For the purposes of this section only, the following terms shall have the meanings indicated:
Refers only to the principal structure, and shall not include patios, porches, stoops, enclosed vestibules protruding from the front of the principal structure and any other non-living-space extensions to the principal structure.
Refers to the yard which faces the street that is used as the postal or mailing address of the subject property when said property has frontage on two or more streets.
E.
Fencing which complies with the provisions of this section shall not require a building permit. Fencing permitted by a variance granted by the Zoning Board of Appeals or modifications granted by the Planning Board, pursuant to this chapter, shall require a building permit.
§ 213-73 Permitted encroachments.
A.
In an A Residence District, the following encroachments upon required yard areas are permitted:
(1)
Cornices, eaves, gutters, chimneys or bay windows and overhangs projecting not more than 24 inches.
(2)
One-story open porches, stoops, or terraces not exceeding three feet in height, projecting not more than six feet wide or five feet deep into a front or rear yard.
[Amended 11-9-2023 by L.L. No. 21-2023]
(3)
One-story enclosed vestibules not greater than six feet wide and five feet deep into the front yard.
(4)
One-story, covered porches, stoops, or terraces, not exceeding three feet in height, exclusive of covering, projecting not more than six feet wide or five feet deep into a front or rear yard.
[Added 11-9-2023 by L.L. No. 21-2023]
B.
In any case where the Board of Appeals has diminished a required yard by a variance, none of the foregoing encroachments shall be permitted into such diminished yard.
C. COVERED PORCH, STOOP, OR TERRACE PORCH, STOOP, OR TERRACE
For the purposes of this section only, the following terms shall have the meanings indicated:
[Added 11-9-2023 by L.L. No. 21-2023]
Any porch, stoop, or terrace with a one-story covering, such as a portico, portico with columns, awning, roof over, or the like, with open sides that are not enclosed with walls or screening.
A platform, with or without stairs, leading to the entrance of a dwelling.
§ 213-74 (Reserved) [1]
[1]
Editor's Note: Former § 213-74, Signs, as amended 12-21-1976, was repealed 9-25-1990.
§ 213-75 Ground floor area.
A.
In case of a one-and-one-half-story (expansion attic area) dwelling, no such dwelling shall be hereafter erected unless the ground floor area contains not less than 1,150 square feet, exclusive of garage, car park, carport, open porches or terraces or any other unheated extensions outside the body of the house; provided, however, that a maximum of 150 square feet of expansion attic area, as hereinafter described, may be used and applied to the area requirements of the ground floor, diminishing said ground floor area to not less than 1,000 square feet.
B.
In case of a one-story dwelling not capable of qualifying for expansion attic area, as hereinafter described, no such dwelling shall be hereafter erected unless the ground floor area contains not less than 1,100 square feet, exclusive of garage, car park, carport, open porches or terraces or any other unheated extensions outside the body of the house.
C.
To qualify as expansion attic area, such area shall have or be capable of having a finished ceiling height of not less than seven feet and a finished ceiling width of not less than four feet between opposing rafters. Such area shall further have knee walls of not less than four feet in height, with subflooring laid within the area to be computed and shall have access provided from the floor below by a permanent built-in stairway. The expansion attic area shall not be required to be finished except as provided herein.
D.
In case of a split-level dwelling, any two finished, decorated and heated levels may be combined to qualify for minimum ground floor area requirements; provided, however, that all remaining levels are finished, decorated and heated and are of sufficient square footage to, when combined with the ground floor area, total not less than 1,150 square feet.
E.
In case of a two-story dwelling, the ground floor area shall contain not less than 660 square feet, exclusive of garage, car park, carport, open porches or terraced or any other unheated extensions outside the body of the house; provided, however, that the second story area shall contain not less than 75% of the ground floor area, with an unobstructed ceiling height of not less than eight feet and access provided from the floor below by a permanent, built-in stairway. The second story area shall be finished, decorated and heated for the purpose of qualifying under this section.
F.
For the purpose of this section, "ground floor area" is defined as the area contained within the exterior dimensions of the ground floor.