Babylon Village City Zoning Code
ARTICLE I
General Provisions
§ 365-1 Title.
This chapter shall be known and may be cited as the "Building Zone Ordinance of the Village of Babylon."
§ 365-2 Legislative findings.
[Added 5-10-1988 by L.L. No. 2-1988]
The Board of Trustees of the Village of Babylon hereby finds that the use of and enjoyment of its Retail Business, Industrial and Marine Commercial Districts have intensified in recent years to such a degree that any further construction occurring in such districts can now so impact surrounding uses as to create unwarranted hazards which can impact on the ability of the Village to provide for the safety and general welfare of the people of the Village. Accordingly, the Board feels it is imperative that any exterior construction activity in such districts be subjected to the requirement of a building permit, so that a proper evaluation can be made with respect to such activity and its effect on the sensitive balance which must be maintained in order for such districts to continue to function with proper safeguards for all people enjoying the use of the Village.
§ 365-3 Definitions and word usage.
A. ACCESSORY BUILDING ACRE ALTERATION, STRUCTURAL APARTMENT AUTOMOBILE SERVICE STATION AUTOMOBILE WRECKING BASEMENT BOARDINGHOUSE BOATEL BUILDING BUILDING AREA BUILDING HEIGHT BUILDING INSPECTOR BUILDING, MAIN CELLAR CONVALESCENT, REST OR NURSING HOME COURT COURT, INNER COURT, OUTER COVERAGE CURB GRADE DORMERS, ABOVE SECOND STORY DWELLING DWELLING, MULTIPLE-FAMILY DWELLING, SINGLE-FAMILY DWELLING, TWO-FAMILY DWELLING UNIT ENCROACHMENTS FAMILY FLEA MARKET FLOOR AREA, GROUND FLOOR AREA, LIVABLE GARAGE, MINOR GARAGE, PRIVATE GARAGE, PUBLIC HEIGHT, BUILDING HOME OCCUPATION HOTEL INSTITUTIONAL HOME LOADING SPACE LOT LOT AREA LOT, CORNER LOT DEPTH LOT HELD IN SINGLE AND SEPARATE OWNERSHIP LOT, INTERIOR LOT LINES LOT, THROUGH LOT WIDTH MOTEL NONCONFORMING BUILDING OR USE PARKING AREA, PRIVATE PARKING AREA, PUBLIC PARKING SPACE, AUTOMOBILE PARTY BOAT PREMISES ROOMING HOUSE SCHOOL, ELEMENTARY AND HIGH STORAGE SHED STORY STORY, HALF STREET STREET LINE STRUCTURE SWIMMING POOL TELEPHONE EXCHANGE TOURIST CAMP TOURIST COURT TOURIST HOME TRAILER TRAILER CAMP URGENT CARE FACILITY USE YARD YARD, FRONT YARD, REAR YARD, SIDE
Unless otherwise stated expressly, as used in this chapter, the following terms shall have the meanings indicated:
A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.
An acre, as applicable to the density requirements of this chapter, shall refer to the land exclusive of street area.
Any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
Same as "dwelling unit."
Any premises used for supplying gasoline and oil at retail direct to the customer, including minor accessories and services for automobiles.
The dismantling or wrecking of used motor vehicles or trailers or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
A story having more than 1/2 its height, measured from finished floor to finished ceiling, above the curb level at the center of the street front.
A building or portion thereof, other than a hotel, where lodgings and meals are provided for compensation.
See "tourist court."
A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels.
The aggregate of the maximum horizontal cross-sectional areas of the buildings on a lot, excluding cornices, eaves, gutters, terraces, steps and stoops, whether covered or not.
The vertical distance measured from the curb grade to the highest point of the roof surface if a flat roof, to the deckline of a mansard roof, and to the mean height level between eaves and ridge for a gable, hip or gambrel roof, provided that chimneys, spires, cooling towers, elevator penthouses, tanks and similar projections shall not be included in the height.
The Building Inspector of the Village of Babylon or any person appointed to act as such for the purpose of this chapter by the Board of Trustees.
A building in which is conducted the principal use of the lot on which it is situated.
A story having more than 1/2 its height, measured from finished floor to finished ceiling, below the curb level at the center of the street front.
A building or buildings erected or altered or remodeled for the purpose of housing, caring and feeding the sick, infirm or aged, with or without compensation, the operation of which is licensed or approved by or is under the jurisdiction and supervision of any federal, state or county health, welfare or mental department, board, commission or agency.
An open, unoccupied space, other than a yard or parking area, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.
A court surrounded on all sides by walls or by walls and a lot line. The length of an inner court is the minimum horizontal dimension measured parallel to its longest side. The width of an inner court is the minimum horizontal dimension measured at right angles to its length.
A court which opens onto a required yard or street or alley. The width of an outer court is the minimum horizontal dimension measured in the same general direction as the yard, street or alley upon which the court opens. The depth of an outer court is the minimum horizontal dimension measured at right angles to its width.
That percentage of the plot or lot area covered by buildings.
The established elevation for the curb in front of the building measured at the center of such front. Where no curb grade has been established, then the crown elevation of the road measured at the center of such front shall be used.
Dormers are restricted in area dimension not to exceed 30% of the wall length or room area of the floor immediately below.
[Added 1-11-1994 by L.L. No. 1-1994]
A building designed exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, but not including hotels, boardinghouses and rooming houses.
A building or portion thereof designed for occupancy by three or more families living independently of each other.
A building designed for and occupied exclusively as a home or residence for not more than one family.
A building designed for and occupied exclusively as a home or residence for two families.
One or more rooms in a dwelling, apartment or hotel designed for occupancy by one family for living purposes and having cooking facilities.
In all residential zone areas, chimneys, cornices, eaves, gutters, bay windows projecting not more than 24 inches and one-story open porches and/or terraces not exceeding three feet in height are hereby permitted encroachments into yard areas, except as otherwise provided herein.
[Added 1-11-1994 by L.L. No. 1-1994]
Any number of individuals related by blood, marriage or adoption living and cooking together on the premises as a single housekeeping unit.
A sale of items of tangible personal property wherein on one location there are multiple vendors who have paid a fee for the privilege of occupying the space allotted to each such vendor for the purpose of displaying and selling items of tangible personal property.
[Added 3-13-1990 by L.L. No. 2-1990]
The area within the exterior of the walls of the building at the floor level which occurs first above the exterior ground level, excluding attached garages, unenclosed porches or breezeways but including an attached garage with livable floor area above.
The aggregate area of all floors included within the outer walls of a building, excluding basements, cellars, rooms for heating equipment, garages, unenclosed porches, unfinished attics and storerooms and other unheated areas and including only such floor area under a sloping ceiling for which the headroom is not less than five feet, and then only if at least 60% of such floor has a ceiling height of not less than seven feet six inches and if any such floor that is situated above another story has access to the floor below by a permanent built-in stairway. However, 1/2 of the floor area of completely finished and heated rooms in a basement may be included in the aggregate area.
A building, not a private garage, one story in height, used for the storage of noncommercial automobiles and not used for making repairs thereto.
A detached accessory building or portion of a main building for the parking or temporary storage of passenger or suburban-type vehicles, and expressly excluding commercial vehicles, belonging to the occupants of the premises.
A building other than a private garage or minor garage used for the parking, housing, storage, care, repair or equipment of automobiles and commercial vehicles, whether or not accessory or incidental to another use, including an automobile service station.
See "building height."
An occupation for gain or support where the principals are members of the family residing on the premises and conducted entirely within the dwelling, provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing on the premises.
A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building.
A building for the care of infants, children, pensioners or old people, except correctional or mental cases.
An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street or other appropriate means of access.
A parcel of land held in single and separate ownership, not necessarily coinciding with a lot or lots shown on a map of record, which is occupied or to be occupied by a building and its accessory buildings, if any, or by a group of buildings having any yard in common and the buildings accessory to such group, if any, together with the open spaces appurtenant to such building or group, and which has frontage on a street or access to a street.
The total horizontal area within the boundary lines of a lot, excluding any portion of an abutting street, whether publicly or privately owned.
A parcel of land at the junction of, and fronting on, two or more intersecting streets.
The mean distance from a street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
Evidenced by a deed duly recorded prior to the effective date of this chapter or any applicable amendments thereto or evidenced by a written agreement showing the same to be contracted for prior to the effective date of this chapter or any applicable amendments thereto.
A lot other than a corner lot.
The lines bounding a lot as defined herein.
An interior lot having frontage on two parallel or approximately parallel streets.
The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
See "tourist court."
One that does not conform to the regulations for the district in which it is situated.
An open area, privately owned, other than a street, used for parking the automobiles of the occupants of the building.
An open off-street area used for the parking of automobiles for public or quasi-public use, whether for a fee or public convenience.
Space within a building or in an off-street private or public parking area for the parking of one automobile, including adequate area for ingress, egress and maneuvering.
Any boat for hire by individuals and/or groups for such purposes as sport fishing, sight-seeing or cruising.
Includes the land and all buildings thereon.
A building or portion thereof, other than a hotel, where lodging is provided for compensation.
An institution which offers instruction in the several branches of learning and study required to be taught in the public schools by the Board of Regents of the State of New York. "High school" includes junior and senior.
A structure without electric or plumbing services, not exceeding 90 square feet in area and not extending more than eight feet above the property grade and used only for the storage of items customarily incidental to the principal use and located separately on the same plot with such principal use. Sheds must be no less than three feet from the rear or side yard and 35 feet from any front yard. Any modification shall require approval from the Board of Appeals.
[Added 12-11-1984 by L.L. No. 7-1984[1]]
That portion of a building included between the surface of any floor and surface of the floor next above it or, if there is no floor above it, then the space between such floor and the ceiling next above it.
A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story. Mezzanines and lofts are included in this definition.
[Amended 1-11-1994 by L.L. No. 1-1994]
An open thoroughfare which affords a principal means of access to abutting property.
The dividing line between the street and the lot.
A combination of materials other than a building to form a construction that is safe and stable, and includes among other things stadiums, swimming pools, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio towers, sheds, coal bins, walls, gas pumps, fences over six feet in height and display signs. The term "structure" shall be construed as though followed by the words "or part thereof."
An artificial or semiartificial receptacle or other container, whether located indoors or outdoors, used or designed, arranged or intended to contain water with a depth of more than 18 inches for public, semipublic or private swimming by adults or children, or both adults and children, whether or not any charge or fee is imposed upon such adults or children, and shall include all buildings, structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool.
[Amended 6-22-2004 by L.L. No. 2-2004]
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.
Land used or intended to be used by campers or for trailers, tents or movable dwellings. Two or more trailers, whether parked or supported by foundations, shall constitute a tourist camp.
A group of attached or detached dwellings containing less than 300 square feet of floor area for each sleeping or living unit and which are provided for transient guests, including auto courts, motels and motor lodges.
A building in which board or rooming or both are offered to transient guests for compensation in contradistinction to a boardinghouse or rooming house.
A vehicle or residence on wheels, skids or rollers, without motive power, designed to be used for human habitation or for carrying persons or property, including a trailer coach or house trailer.
Same as "tourist camp."
A building or buildings erected, altered or remodeled for the purpose of providing health care services on an as-needed or "walk-in" basis, without requiring patients or patrons to schedule appointments.
[Added 5-25-2021 by L.L. No. 5-2021]
The purpose for which land or a building is arranged, designed or intended or for which either land or a building is or may be occupied or maintained.
An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
An open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and another line parallel thereto which is tangent to the near corner or point of the main building. The depth of the front yard shall be measured by the minimum horizontal distance between the aforementioned corner or point of the main building and the street line.
A yard extending across the full width of the lot and situated between the rear lot line and another line parallel thereto which is tangent to the near corner or point of the main building. The depth of the rear yard shall be measured by the minimum horizontal distance between the aforementioned corner or point of the main building and the rear lot line.
A yard extending from the front yard, or front lot line where no front yard is required, to the rear yard and situated between the side lot line and another line parallel thereto which is tangent to the near corner or point of the main building. The width of the side yard shall be measured by the minimum horizontal distance between the aforementioned corner or point of the main building and the side lot line.
B.
The words "used for" include "designed for" and vice versa; words used in the present tense include the future; words in the singular include the plural number and vice versa; the word "dwelling" includes the word "residence"; the word "building" includes the word "structure"; the word "lot" includes the word "plot"; and the word "shall" is always mandatory and not discretionary or directory.