Babylon Village City Zoning Code
ARTICLE IV
District Regulations
§ 365-12 Standardization of residential building lots.
[Added 9-9-1997 by L.L. No. 2-1997]
The following regulations shall apply to all residential zones:
B.
All entrances are to be on the first-floor level.
C.
In residential zones, the height of new construction shall be 30 feet as measured from the top of the curb, or the crown of the road where no curb exists, to the highest point of the roof, except those properties within the floodplain where 32 feet will be permitted to the highest point of the roof in order to comply with FEMA regulations.
[Added 12-12-2000 by L.L. No. 6-2000; amended 1-22-2008 by L.L. No. 5-2008; 10-28-2008 by L.L. No. 13-2008]
D.
Regarding outdoor storage containers, boxes, bins, or similar-type storage containers within the Village of Babylon:
[Added 5-23-2006 by L.L. No. 2-2006]
(1)
No storage container shall be located on any portion of the front yard of any residential property other than a paved portion of the property driveway.
(2)
No storage container shall be located in such a manner which obstructs the vision of pedestrians or traffic or prohibits parking of automobiles in driveways.
(3)
No food products or flammable materials shall be stored in such container.
(4)
Storage containers shall be limited to a maximum size of eight feet high x eight feet wide by 12 feet long.
(5)
No more than one storage container shall be located on any residential property at any time.
(6)
A fee, payable to the Village of Babylon by the homeowner through the Building Department of the Village of Babylon, shall be $100 for a thirty-day storage period.
(7)
In the event the container remains on the property beyond the 30 days, an additional fee of $100 shall be paid by the homeowner for an additional thirty-day period.
(8)
In no event shall a container be permitted to remain on the property beyond 90 days. Any storage container remaining beyond 90 days shall make the property owner subject to a summons returnable in the Village of Babylon Justice Court where the Court shall have the latitude of fining the property owner up to $250 per day for a violation of this section.
(9)
Fees in this section may be amended by resolution by the Board of Trustees.
§ 365-13 Residence A-11 Districts.
The following regulations shall apply in all Residence A-11 Districts:
A.
Uses permitted.
(1)
One-family detached dwellings used exclusively for residential purposes.
(2)
Customary accessory uses and buildings, including a private garage, boathouse or toolhouse, incidental to the residential use of the property. This shall not be construed to include or allow any professional offices or studios, rooms for home occupations, garage space for rent, commercial breeding or boarding of animals, kennel, employment of persons on the property other than domestics and for construction and maintenance of the buildings and grounds, or other commercial or quasi-commercial use. Any accessory building shall be located on the same lot with the dwelling.
B.
Uses permitted only by special permission of the Board of Appeals.
(1)
Uses.
(a)
Places of worship, including parish houses, rectories, convents, religious school buildings and such other structures as are customarily used in connection therewith.
(2)
The foregoing uses are subject to the following and such other conditions and safeguards as established by the Board of Appeals consistent with the specific use and to the issuance of a permit therefor by said Board:
(a)
Building height limit shall be 2 1/2 stories, but not exceeding 30 feet, as measured from the top of the curb, or the crown of the road where no curbs exist, to the highest point of the roof.
[Amended 12-12-2000 by L.L. No. 6-2000]
(b)
No building or part thereof shall be erected on a lot nearer than 40 feet to any street line nor nearer than a distance equal to the height of such building to any property line other than a street line; provided, however, that such yards are not less than the requirements stated in Subsection F.
(c)
Accessory uses which do not constitute an integral part of the social, religious or instructional purposes of the main building or buildings are prohibited.
(d)
Traffic access. All proposed traffic accessways shall be adequate but not excessive in number, of adequate width, grade alignment and visibility, and not located too near street corners or other places of public assembly.
(e)
Circulation and parking. Adequate off-street parking shall be provided in the ratio of at least one parking space for each six units of seating capacity or each 300 square feet of floor area or fraction thereof, and the interior circulation system shall be adequate to provide safe accessibility.
(f)
Landscaping and screening. All parking and service areas shall be reasonably screened at all seasons of the year from the view of adjacent lots and streets, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood.
C.
Building height limit shall be 2 1/2 stories, but not exceeding 30 feet, as measured from the top of the curb, or the crown of the road where no curbs exist, to the highest point of the roof.
[Amended 12-12-2000 by L.L. No. 6-2000]
D.
Required lot area and width. Lot area shall not be less than 13,000 square feet and lot width not less than 125 feet; provided, however, that a single-family dwelling may be built on a lot held in single and separate ownership at the effective date of this amendment to this chapter[1] with less area and width, and provided further that in such case the lot area shall be not less than 8,712 square feet and the lot width not less than 70 feet.
[Amended 12-10-2019 by L.L. No. 9-2019]
[1]
Editor's Note: The effective date of the amendment was 4-3-1961.
E.
Percentage of lot coverage. The sum of all areas of all buildings, including accessory buildings, shall not exceed 25% of the lot area.
F.
Yards required. Each lot shall have front, side and rear yards not less than the following depths:
(1)
Front yard: 35 feet. In a flood zone, an exterior elevator or lift will be considered an allowable front yard or rear yard encroachment.
[Amended 12-8-2015 by L.L. No. 7-2015]
(2)
Side yards: not less than 15 feet, but the sum of the two side yards shall not be less than 30 feet, except that if a dwelling shall be constructed hereafter without garage space for two automobiles, additional side and/or rear yard shall be provided to permit construction of additional garage space with proper access to accommodate a total of two automobiles in adjacent spaces without encroaching on the required side and/or rear yards, and the location of such space and access shall be indicated on the filed plans.
[Amended 9-25-2001 by L.L. No. 4-2001]
(3)
Rear yard: 25% of the depth of the lot, but not less than 25 feet, except that an accessory building not over 15 feet in height may be placed in the rear yard but not nearer the rear lot line than eight feet. In the case of a boathouse, the height may be increased and/or the distance from the rear lot line may be decreased when authorized as a special exception by the Board of Appeals.
(4)
A corner lot shall have a front yard on each street on which the lot abuts. It shall have a side yard of not less than eight feet measured parallel to the shorter dimension of the lot and a side yard of not less than 25 feet measured parallel to the longer dimension of the lot.
(5)
A lot extending through a block and fronting on two streets shall have a front yard on the street to which the majority of the existing houses in the block face and a rear yard on the other street; provided, however, that where there are no existing houses on either street, the front yard may be on either street, and provided further that no accessory building may be placed in the required rear yard.
(6)
In the case of a lot held in single and separate ownership at the effective date of this amendment to the chapter[2] having a width of less than 100 feet but not less than 70 feet, the side yards for a single-family dwelling may be reduced to not less than six feet, but the sum of the two side yards shall be not less than 25% of the width of the lot.
[2]
Editor's Note: The effective date of the amendment was 4-3-1961.
§ 365-14 Residence A-9 Districts.
The following regulations shall apply to Residence A-9 Districts:
A.
Uses permitted.
(1)
One-family detached dwellings.
(2)
Customary accessory uses and buildings, provided that such uses are incidental to the principal use and do not include any activity commonly conducted for gain. Any accessory building shall be located on the same lot with the principal building.
(3)
Public parks and playgrounds and other municipal recreation use.
B.
Uses permitted only by special permission of the Board of Appeals.
(1)
Uses.
(a)
Any use permitted in the Residence A-11 District, subject to the same restrictions.
(b)
A regularly organized elementary or high school and institution of higher learning approved by the Board of Regents of the State of New York.
(c)
Professional uses and home occupations which conform to the following:
[1]
They shall be carried on wholly within a dwelling or within a building or other structure customarily incidental to a dwelling, provided that the residential appearance of the dwelling or other buildings and structures shall not be affected, and provided further that only one such occupation shall be permitted at any one time.
[2]
They shall be carried on only by a member of the immediate family actually residing in the dwelling, and not more than one person not a member of the resident family shall be employed in connection with such professional use or home occupation.
[3]
They shall be clearly incidental and secondary to the use of the dwelling for residential purposes.
[4]
There shall be no exterior display (or interior display visible from the exterior) of merchandise or advertising, no exterior storage of materials or equipment, and no other exterior indication of the home occupation or variation from the residential character of the principal building, except that one sign stating the name and occupation or profession, words only, of the practitioner or occupant is permitted upon such conditions and in conformity with Chapter 290, Signs.
[5]
No offensive noise, vibration, smoke, dust, odors, heat, glare or radio interference shall be produced.
[6]
Professional and home occupations include, but are not limited to, the following: professional office of a physician, dentist, lawyer, engineer, architect or accountant; art studio; teaching with musical instruction, limited to a single pupil at a time; and dressmaking, millinery or similar handicraft. However, a home occupation shall not be interpreted to include the following: barbershop or beauty parlor; private or commercial stable or kennel; real estate office; restaurant or tearoom; dancing instructions in groups or band instrument instruction in groups; tourist home; guest and rooming house; convalescent home; or mortuary establishment.
[7]
Off-street parking space on or adjacent to the property in addition to that needed for the residence shall be available in the ratio of one parking space for each 75 square feet of floor space devoted to the home occupation.
(2)
Every application for a building permit shall be accompanied by a site plan, submitted in accordance with § 365-32.
(3)
The foregoing special uses are permitted only when authorized by the Board of Appeals, subject to such safeguards and conditions as established by said Board consistent with the specific use and upon issuance of a permit therefor by said Board.
C.
Building height limit shall be 2 1/2 stories, but not exceeding 30 feet, as measured from the top of the curb, or the crown of the road where no curbs exist, to the highest point of the roof.
[Amended 12-12-2000 by L.L. No. 6-2000]
D.
Required lot area and width. Lot area shall not be less than 9,000 square feet and lot width not less than 85 feet; provided, however, that a single-family dwelling may be built on a lot held in single and separate ownership at the effective date of this amendment to this chapter[1] with less area and width, and provided further that, in such a case, the lot area shall be not less than 8,712 square feet and the lot width not less than 70 feet.
[1]
Editor's Note: The effective date of the amendment was 4-3-1961.
E.
Percentage of lot coverage. The sum of all areas of all buildings, including accessory buildings, shall not exceed 25% of the lot area.
F.
Yards required. Each lot shall have front, side and rear yards not less than the following depths:
(1)
For a single-family dwelling:
(a)
Front yard: 30 feet. In a flood zone, an exterior elevator or lift will be considered an allowable front yard or rear yard encroachment.
[Amended 12-8-2015 by L.L. No. 7-2015]
(b)
Side yards: not less than six feet, but the sum of the two side yards shall not be less than 20 feet, except that if a dwelling shall be constructed hereafter without garage space for two automobiles, additional side and/or rear yard shall be provided to permit construction of additional garage space with proper access to accommodate a total of two automobiles in adjacent spaces without encroaching on the required side and/or rear yards, and the location of such space and access shall be indicated on the filed plans.
(c)
Rear yard: 25% of the depth of the lot but not less than 25 feet, except that an accessory building not over 15 feet in height may be placed in the rear yard but not nearer the rear lot line than five feet. In the case of a boathouse, the height may be increased and/or the distance from the rear lot line may be decreased when authorized as a special exception by the Board of Appeals.
(d)
A corner lot shall have a front yard on each street on which the lot abuts. It shall have a side yard of not less than five feet measured parallel to the shorter dimension of the lot and a side yard of not less than 25 feet measured parallel to the longer dimension of the lot.
(e)
A lot extending through a block and fronting on two streets shall have a front yard on the street to which the majority of the existing houses in the block face and a rear yard on the other street; provided, however, that where there are no existing houses on either street, the front yard may be on either street, and provided further that no accessory building may be placed in the required rear yard.
(f)
In the case of a lot held in single and separate ownership at the effective date of this amendment to this chapter[2] having a width of less than 85 feet but not less than 50 feet, the side yards for a single-family dwelling may be reduced to not less than five feet, but the sum of the two side yards shall not be less than 15 feet.
[2]
Editor's Note: The effective date of the amendment was 4-3-1961.
§ 365-15 Residence A-7 Districts.
The following regulations shall apply in all Residence A-7 Districts:
B.
Uses permitted only by special permission of the Board of Appeals.
(1)
Uses.
(a)
Any use permitted in the Residence A-9 District, subject to the same restrictions.
(b)
Philanthropic or eleemosynary institutions other than camps, dormitories, hospitals, sanitariums, nursing homes, convalescent homes or institutions for the insane, feeble minded, or epileptic or narcotic or alcoholic patients.
(c)
Clubs, lodges, and social and recreational centers, provided that their activities are carried on by and for their members and guests exclusively and are not conducted for gain and the facilities thereof are not used by the public for hire or otherwise.
(d)
Public libraries and museums and municipal buildings.
(2)
Every application for a building permit shall be accompanied by a site plan, submitted in accordance with § 365-32.
(3)
The foregoing special uses are permitted subject to such conditions and safeguards as established by the Board of Appeals consistent with the specific use and subject to the conditions specifically set forth in § 365-13B(2), except Subsection B(2)(b), and upon issuance of a permit therefor by said Board.
C.
Building height limit shall be 2 1/2 stories, but not exceeding 30 feet, as measured from the top of the curb, or the crown of the road where no curbs exist, to the highest point of the roof.
[Amended 12-12-2000 by L.L. No. 6-2000]
D.
Required lot area and width. Lot area shall not be less than 7,000 square feet and lot width not less than 70 feet; provided, however, that a single-family dwelling may be built on a lot held in single and separate ownership at the effective date of this amendment to this chapter[1] with less area and width, and provided further that in such case the lot area shall be not less than 4,840 square feet and the lot width not less than 50 feet.
[1]
Editor's Note: The effective date of the amendment was 4-3-1961.
E.
Percentage of lot coverage. The sum of all areas of all buildings, including accessory buildings, shall not exceed 25% of the lot area.
F.
Yards required. Each lot shall have front, side and rear yards not less than the following depths:
(1)
For a single-family dwelling:
(a)
Front yard: 25 feet. In a flood zone, an exterior elevator or lift will be considered an allowable front yard or rear yard encroachment.
[Amended 12-8-2015 by L.L. No. 7-2015]
(b)
Side yards: not less than six feet; but the sum of two side yards shall not be less than 20 feet, except that if a dwelling shall be constructed hereafter without garage space for at least one automobile, additional side and/or rear yard shall be provided to permit the construction of detached or connected garage space with proper access to accommodate one automobile without encroaching upon the required side and/or rear yards, and the location of such space and access shall be indicated on the filed plans.
(c)
Rear yard: 25% of the depth of the lot, but not less than 25 feet, except that an accessory building not over 15 feet in height may be placed in the rear yard, but not nearer the rear lot line than five feet. In the case of a boathouse, the height may be increased and/or the distance from the rear lot line may be decreased as a special exception by the Board of Appeals.
(d)
A corner lot shall have a front yard on each street on which the lot abuts. It shall have a side yard of not less than five feet measured parallel to the shorter dimension of the lot and a side yard of not less than 25 feet measured parallel to the longer dimension of the lot.
(e)
A lot extending through a block and fronting on two streets shall have a front yard on the street to which the majority of the existing houses in the block face and a rear yard on the other street; provided, however, that where there are no existing houses on either street, the front yard may be on either street, and provided further that no accessory building may be placed in the required rear yard.
(f)
In the case of a lot held in single and separate ownership at the effective date of this amendment to this chapter[2] having a width of less than 70 feet but not less than 40 feet, the side yards for a single-family dwelling may be reduced to not less than five feet, but the sum of the two side yards shall not be less than 15 feet.
[2]
Editor's Note: The effective date of the amendment was 4-3-1961.
(g)
In the case of a lot held in single and separate ownership at the effective date of this amendment to this chapter[3] of a depth of less than 100 feet, the rear yard for a single-family dwelling may be reduced to not less than 15 feet.
[3]
Editor's Note: The effective date of the amendment was 4-3-1961.
§ 365-16 Residence A-4 Districts.
The following regulations shall apply in all Residence A-4 Districts:
B.
Uses permitted only by special permission of the Board of Appeals.
(1)
Any use permitted only by special permit of the Board of Appeals in the Residence A-7 District and subject to the same restrictions.
(2)
Conversion of a one-family structure into a two-family dwelling, provided that such structure was in existence on the effective date of this amendment to this chapter.[1] Such conversion shall not increase the building area of such structure by more than 5%. Such conversion shall provide each of the two dwelling units with a minimum of 500 square feet of livable floor area as defined in Article I, § 365-3. An off-street parking area shall be provided at a ratio of 1 1/2 spaces for each dwelling unit, plus adequate space for ingress and egress. The minimum size of each space shall be nine feet by 20 feet.
[1]
Editor's Note: The effective date of the amendment was 10-1-1963.
C.
Building height limit shall be 2 1/2 stories, but not exceeding 30 feet, as measured from the top of the curb, or the crown of the road where no curbs exist, to the highest point of the roof.
[Amended 12-12-2000 by L.L. No. 6-2000]
D.
Required lot area and width. Lot area shall not be less than 4,000 square feet and lot width not less than 40 feet.
E.
Percentage of lot coverage. The sum of all areas of all buildings, including accessory buildings, shall not exceed 40% of the lot area.
F.
Yards required. Each lot shall have front, side and rear yards not less than the following depths:
(1)
Front yard: 25 feet. In a flood zone, an exterior elevator or lift will be considered an allowable front yard or rear yard encroachment.
[Amended 12-8-2015 by L.L. No. 7-2015]
(2)
Side yard, one: five feet; side yards, sum of two: 15 feet.
(3)
Rear yard: 25 feet, except that an accessory building not over 15 feet in height may be placed in the rear yard but not nearer the rear lot line than five feet.
(4)
Corner lot (setback on each street): 15 feet.
§ 365-17 Residence O Districts.
The following regulations shall apply in all Residence O Districts:
B.
Uses permitted only by special permission of the Board of Appeals.
(1)
Uses.
(a)
Any use permitted in the Residence A-7 District, subject to the same restrictions.
(b)
The professional office or studio of one or more physicians, surgeons, doctors, lawyers, architects, engineers, musicians, artists, teachers, registered nurses or other similar professional persons whose business is conducted and operated through and by appointments only, and use as a bank, provided that the architecture of buildings constructed or altered for such use shall be conservative and dignified and in keeping with the use and the character of the neighborhood, and further provided that there shall be no exterior display (or interior display visible from the exterior) of merchandise or advertising, no exterior storage of materials or equipment and no other exterior indication of the use, except that one sign stating the names and occupations, in words only, of the occupants is permitted upon such conditions and in conformity with Chapter 290, Signs.
[Amended 8-8-2006 by L.L. No. 5-2006; 5-25-2021 by L.L. No. 5-2021]
(c)
The business office of one or more brokers, consultants, agents, accountants, counselors, adjusters, appraisers or similar professional-type, nonretail business persons, whose business is conducted and operated through and by appointments only, provided that the architecture of building constructed or altered for such use shall be conservative and dignified and in keeping with the use and the character of the neighborhood, and further provided that there shall be no exterior display (or interior display visible from the exterior) of merchandise or advertising, no exterior storage of materials or equipment and no other exterior indication of the use, except that one sign stating the names and occupations, in words only, of the occupants is permitted upon such conditions and in conformity with Chapter 290, Signs.
[Amended 5-25-2021 by L.L. No. 5-2021]
(d)
The administration building or any building of a municipality or any political subdivision of government, including any department or agency thereof, and including a firehouse and its equipment, but excluding, however, any building, facility or area used in any way for the storage and maintenance of vehicles, mechanical equipment or materials; the business office or administrative building of any public utility, including a telephone exchange and any building housing the equipment used in connection with the services furnished by such utility, provided that the same does not cause noise, vibration, smoke, dust or noxious odors, but excluding any building facility or area used in any way for the generation, manufacture, transmission or storage of steam, electricity, gas, water, petroleum products or derivatives, vehicles, mobile mechanical equipment or materials used in connection with the business of such utility, provided that the architecture of buildings constructed or altered for such use provided in this subsection shall be conservative and dignified and in keeping with the use and character of the neighborhood.
(2)
Every application for a building permit, including applications for a change of use to an existing structure, shall be accompanied by a site plan, submitted in accordance with § 365-32.
[Amended 10-24-2006 by L.L. No. 12-2006]
(3)
The foregoing uses are permitted, subject to such safeguards and conditions as established by the Board of Appeals consistent with the specific use and subject to the conditions specifically set forth in § 365-13B(2), except Subsection B(2)(a), (b) and (c) of this section, where the same apply, and upon issuance of a permit therefor by said Board.
(4)
No special use permit granted pursuant to Subsection B(1)(b) and (c) shall be valid without restrictions imposed by the Board of Appeals relative to the volume, density and subject matter of the use. Any such use may not change or expand beyond the use specifically permitted without additional authorization from the Board of Appeals after public hearing. The conduct of any professional or business office use in this district shall be conservative and dignified and in keeping with the use and character of the neighborhood. On-site parking shall be provided and utilized by the employees and patrons of such premises. No use may be maintained in such a manner as to generate offensive noise, odors, traffic or refuse.
[Added 1-11-1994 by L.L. No. 1-1994]
C.
Building height limit shall be 2 1/2 stories, but not exceeding 30 feet, as measured from the top of the curb, or the crown of the road where no curbs exist, to the highest point of the roof.
[Amended 12-12-2000 by L.L. No. 6-2000]
D.
Required lot area and width. Lot area shall not be less than 10,000 square feet and lot width not less than 100 feet; provided, however, that a single-family dwelling may be built on a lot held in single and separate ownership at the effective date of this amendment to this chapter[1] with less area and width, and provided further that, in such case, the lot area shall be not less than 8,712 square feet and the lot width not less than 70 feet.
[1]
Editor's Note: The effective date of the amendment was 4-3-1961.
E.
Percentage of lot coverage. The sum of all areas of all buildings, including accessory buildings, shall not exceed 25% of the area of the lot.
F.
Yards required. Each lot shall have front, side and rear yards not less than the following depths:
(1)
For a single-family dwelling:
(a)
Front yard: 35 feet.
(b)
Side yards: not less than eight feet, but the sum of two side yards shall not be less than 25 feet, except that if a dwelling shall be constructed without garage space for two automobiles, additional side and/or rear yard shall be provided to permit the construction of additional garage space with proper access to accommodate a total of two automobiles in adjacent spaces without encroaching on the required side and/or rear yards, and the location of such space and access shall be indicated on the filed plans.
(c)
Rear yard: 25% of the depth of the lot but not less than 25 feet, except that an accessory building not over 15 feet in height may be placed in the rear yard but not nearer the rear lot line than eight feet.
(d)
A corner lot shall have a front yard on each street on which the lot abuts. It shall have a side yard of not less than eight feet measured parallel to the shorter dimension of the lot and a side yard of not less than 25 feet measured parallel to the longer dimension of the lot.
(e)
A lot extending through a block and fronting on two streets shall have a front yard on the street to which the majority of the existing houses in the block face and a rear yard on the other street; provided, however, that where there are no existing houses on either street, the front yard may be on either street, and provided further that no accessory building may be placed in the required rear yard.
(f)
In the case of a lot held in single and separate ownership at the effective date of this amendment to this chapter[2] having a width of less than 100 feet but not less than 70 feet, the side yards for a single-family dwelling may be reduced to not less than six feet, but the sum of the two side yards shall not be less than 25% of the width of the lot.
[2]
Editor's Note: The effective date of the amendment was 4-3-1961.
§ 365-18 Residence M Districts.
The following regulations shall apply in all Residence M Districts:
B.
Uses permitted only by special permission of the Board of Appeals.
(2)
A two-family detached dwelling, subject to the requirements of § 365-16B(2) as to livable floor area and parking space and the requirements of § 365-16C through F, inclusive, except that the minimum lot width shall be 70 feet and the minimum lot area shall be not less than 7,000 square feet.
(3)
A multiple-family dwelling used exclusively for residential purposes and which conforms to the following:
(a)
Building height limit shall be 2 1/2 stories, but not exceeding 30 feet, as measured from the top of the curb, or the crown of the road where no curbs exist, to the highest point of the roof.
[Amended 12-12-2000 by L.L. No. 6-2000]
(b)
Required lot area and width. Lot area shall not be less than 43,560 square feet and lot width not less than 100 feet.
(c)
Percentage of lot coverage. The coverage by buildings and accessory buildings shall not exceed 25% of the lot area.
(d)
Minimum floor area. The minimum livable floor area in each dwelling unit shall not be less than 500 square feet.
(e)
Yards required. Each lot shall have front, side and rear yards and distance between buildings not less than the following depths:
(f)
Density. There shall be provided at least 4,356 square feet of land area on the same property for each dwelling unit, i.e., in no event shall the number of dwelling units exceed 10 one-family units per acre.
[Amended 11-14-1972]
(g)
Off-street parking area. An off-street parking area conforming to the requirements of this chapter shall be provided at a minimum ratio of 2 1/4 parking spaces for each dwelling unit, plus adequate space for ingress and egress. The minimum size of each space shall be nine feet by 20 feet. Where garages are provided, they may be substituted for such off-street parking areas and shall conform architecturally to the principal buildings. Parking areas shall not be permitted between the street and the front building line. Variations of the off-street parking requirements outlined above may be permitted by the Board, on application to the Board, when in its judgment special factors warrant such variation.
[Amended 8-8-2006 by L.L. No. 6-2006]
(h)
Site plan. Every application for the erection of a multiple residence must be accompanied by a site plan, submitted in accordance with § 365-32.
(i)
Planting strip. Along the rear and side lot lines of interior and corner lots there shall be a planting strip not less than five feet wide.
(j)
Public water. No multiple dwelling shall be erected unless the same shall be provided with public water service.
(k)
Exterior lighting. All exterior parking areas, walkways, driveways and utility areas must be provided with adequate lighting for safety purposes. Lights shall be so shielded as not to shine into adjacent or nearby properties. Lights must be controlled by a time clock or positive-photocell switching so as to ensure adequate lighting during all dark hours.
(4)
Conversion of a one-family structure into a multiple-family dwelling used exclusively for residential purposes, provided that such structure was in existence on the effective date of this amendment to this chapter. Such conversion shall not increase the building area of such structure by more than 10% and shall provide each dwelling unit with a minimum of 500 square feet of livable floor area as defined in this chapter. An off-street parking area shall be provided at a rate of 2 1/4 spaces for each dwelling unit, plus adequate space for ingress and egress. The minimum size of each space shall be nine feet by 20 feet. Such conversion shall be subject to the requirements of § 365-16C through F, inclusive, except that the minimum lot width shall be 70 feet and the minimum lot area shall not be less than 4,356 square feet for each dwelling unit.
[Amended 11-14-1972; 8-8-2006 by L.L. No. 6-2006]
§ 365-19 Marine Commercial Districts.
The following regulations shall apply in all Marine Commercial Districts:
B.
Uses permitted only by special permission of the Board of Appeals.
[Amended 6-5-1972; 7-10-1979 by L.L. No. 1-1979]
(1)
Any use permitted in the Residence A-7 District, subject to the same restrictions.
(2)
Any other use which, in the opinion of the Board of Appeals, is of the same general character or similar to the uses specifically permitted herein; provided, however, that it is complementary to and compatible with the marine uses permitted in this district. These uses shall not be construed to include commercial fishing industries where storage, wholesaling or processing of fish or fish products is practiced.
C.
Building height limit shall be 2 1/2 stories, but not exceeding 30 feet, as measured from the top of the curb, or the crown of the road where no curbs exist, to the highest point of the roof.
[Amended 12-12-2000 by L.L. No. 6-2000]
D.
Required lot area and width. Lot area shall not be less than 8,000 square feet and lot width not less than 80 feet; provided, however, that a single-family dwelling may be built on a lot held in single and separate ownership at the effective date of this amendment to this chapter[1] with less area and width, and provided further that, in such case, the lot area shall be not less than 4,000 square feet and the lot width not less than 40 feet.
[1]
Editor's Note: The effective date of the amendment was 4-3-1961.
E.
Percentage of lot coverage. The coverage by buildings and accessory buildings shall not exceed 60% of the lot area, except that said coverage shall be limited to 40% if there is any residential use of the property.
F.
Yards required. Each lot shall have front, side and rear yards not less than the following depths:
G.
Off-street parking area. Off-street parking area shall be provided for uses other than a single-family dwelling at a ratio of one space for each boat slip and one space for each 1,000 square feet of open storage or work area, and, in addition to the above, one space must be provided for each 300 square feet of building area, as well as adequate space for ingress and egress. The minimum size of each space shall be nine feet by 20 feet. One such space shall be provided for a single-family dwelling.
H.
Site plan. Every application for a building permit, including applications for a change of use to an existing structure, for other than a single-family dwelling shall be accompanied by a site plan submitted in accordance with § 365-32.
[Amended 10-24-2006 by L.L. No. 11-2006]
I.
Uses permitted only by special permission of the Board of Trustees. The following uses may be permitted by special permit from the Board of Trustees, after public hearing, upon written information similar to that furnished an alcoholic beverage control board:
[Added 7-10-1979 by L.L. No. 1-1979]
(1)
Restaurant, luncheonette, cabaret, hotel, bar, cocktail lounge, cafe and other places for the serving of food, beverages of any kind or both food and beverages, whether such food and/or beverages are served inside of a structure or outside of a structure or both inside of a structure and outside of a structure.
J.
Inspection of unoccupied structures.
[Added 11-25-1997 by L.L. No. 6-1997]
(1)
All unoccupied structures in nonresidential zones shall be inspected by the Building Inspector or his designee to see that the structures are physically safe and clean of all debris, with the interiors cleared of the tenant's fixtures and sign removed within 60 days of any vacancy.
(2)
The Building Inspector may make periodic inspections as the facts shall dictate.
§ 365-20 Retail Business Districts.
[Amended 10-26-1971; 7-7-1975 by L.L. No. 1-1975; 7-25-1977 by L.L. No. 5-1977; 7-10-1979 by L.L. No. 1-1979; 11-25-1997 by L.L. No. 6-1997; 12-12-2000 by L.L. No. 6-2000; 8-8-2006 by L.L. No. 3-2006; 10-24-2006 by L.L. No. 10-2006; 2-26-2019 by L.L. No. 2-2019; 10-22-2019 by L.L. No. 7-2019; 12-10-2019 by L.L. No. 10-2019; 5-25-2021 by L.L. No. 5-2021; 6-14-2022 by L.L. No. 6-2022; 6-27-2023 by L.L. No. 4-2023; 2-13-2024 by L.L. No. 1-2024; 10-22-2024 by L.L. No. 8-2024]
The following regulations shall apply in all Retail Business Districts:
A.
Uses permitted.
(1)
Any store or shop for the sale at retail of convenience or shoppers' goods, such as:
(2)
Stores, shops and offices that render personal and/or professional services, excluding urgent care facilities, in a building with livable floor area not exceeding 1,000 square feet, such as:
(3)
Accessory uses customarily incident to any permitted use.
(4)
The following uses may be permitted by special permit from the Board of Trustees after public hearing:
(a)
Restaurant, luncheonette, cabaret, hotel bar, cocktail lounge, cafe and other places for on-site consumption of food and beverages, whether such food and/or beverages are consumed inside of a structure or outside of a structure. Whenever the seating capacity (outside and/or inside) exceeds 20, the applicant and his/her successors and/or assigns shall provide on-site serving personnel (waiters or waitresses) to assist customers by taking orders and by the delivery of food/drinks to tables and the presentation of checks. On-site serving personnel (waiters or waitresses) to assist customers by taking orders and by the delivery of food/drinks to tables and the presentation of checks shall not be required whenever the seating capacity (outside and/or inside) is 20 or less.
(b)
The Board of Trustees shall review such application considering such planning concerns it determines in its discretion necessary to promote the public health, safety, and welfare.
(c)
There shall be one parking space for each two stools at counter areas or one space for each three linear feet of counter (whichever is greater); plus one parking space for each two seats at tables; plus one space for each two employees on the maximum work shift, unless waived by the Board of Trustees.
(d)
No special permit shall be required for any of the above uses which seat eight persons, or less, which use is primarily take-out service, or retail sale of food and prepared food, or ancillary to any other permitted use.
(5)
Other uses similar to the foregoing uses of a retail, commercial or service nature may be permitted if, upon application to the Board of Trustees and by resolution, they are determined by it to be of the same general character and not incompatible with the surrounding uses.
B.
Uses permitted only by special permission of the Board of Appeals.
(1)
Commercial parking fields, subject to the following provisions:
(2)
Dwelling units above the ground floor in a building where the ground floor is used and occupied for any purpose permitted in the Retail Business District under § 365-20A or B(3), subject to the requirements of § 365-18B(3)(d) and (f) as to livable floor area of each dwelling unit and density.
(3)
Stores, shops and offices that render personal and/or professional services, including urgent care facilities, in a building with livable floor area of more than 1,000 square feet, such as:
C.
Building height limit shall be three stories, but not exceeding 35 feet, as measured from the top of the curb, or the crown of the road where no curbs exist, to the highest point of the roof. Notwithstanding the foregoing, the building height limit for parcels fronting on Railroad Avenue between North Carll Avenue and Deer Park Avenue and fronting on Depot Place running from Railroad Avenue to the Long Island Railroad trestle, the building height limit shall be four stories, but not exceeding 40 feet, as measured from the top of the curb, or the crown of the road where no curbs exist, to the highest point of the roof.
D.
Percentage of lot coverage. The sum of all areas of all buildings, including accessory buildings, shall not exceed 70% of the lot area.
E.
Yards required. Each lot shall have front and rear yards not less than 10 feet in depth. Notwithstanding the above requirements, the sum of the front and rear yard depths shall be equal to at least 30% of the lot depth. In addition, where any lot abuts a residential district boundary along its side or rear lot line, there shall be on the subject property an abutting yard not less than 15 feet in depth.
F.
Site plan. Every application for a building permit for new construction and/or change of use shall be accompanied by a site plan submitted in accordance with § 365-32.
G.
Inspection of unoccupied structures.
(1)
All unoccupied structures in nonresidential zones shall be inspected by the Building Inspector or his designee to see that the structures are physically safe and clean of all debris, with the interiors cleared of the tenant's fixtures and sign removed within 60 days of any vacancy.
(2)
The Building Inspector may make periodic inspections as the facts shall dictate.
H.
Specific development standards for architecture and design. The primary material of the exterior of units within the Retail Business Districts shall be constructed with HardiePlank® or similar material, or with brick, stone, or cedar shingles to complement the building facade. Vinyl or metal siding shall be prohibited, with the exception of fascia and soffits which shall be compatible with or complement the character of surrounding and similar trim. Techniques for complying with this requirement include, but are not limited to:
I.
Off-street parking.
(1)
Notwithstanding any other provision of this chapter to the contrary, in the Retail Business District, all new buildings, and existing buildings with dwelling units, shall provide off-street parking spaces as set forth in this section.
(2)
Off-street parking conforming to the requirements of this chapter shall be provided at a minimum ratio of parking two spaces for each dwelling unit, plus adequate space for ingress and egress. The minimum size of each space shall be nine feet by 20 feet. Where garages are provided, they may be substituted for such off-street parking areas and shall conform architecturally to the principal buildings. Parking areas shall not be permitted between the street and the front building line. Variations of the off-street parking requirements outlined above may be permitted by application to the Board of Appeals, when in its judgment special factors warrant such variation, which may include an easement or agreement providing for off-site parking in close proximity to the subject lot.
(3)
The Board of Trustees shall have the discretion to require a special use permit for any zoning and/or building permit applications, or any part thereof, in the Retail Business Districts or the Industrial Districts, and in determining such application for a special use permit pursuant to this section shall determine the adequacy of the parking for any particular use.
J.
Facade improvement.
(1)
Facade Improvement Committee:
(a)
The Incorporated Village of Babylon understanding the purpose of promoting the health, safety and general welfare of the community, conserving and enhancing the appearance of the Village, especially in areas of exiting or potential scenic value of historical note, of architectural merit or of interest to the residents, and for the purpose of assisting property owners to maintain the appearance or architectural tone of their neighborhoods and preserve property values and for the purpose of eliminating blight constitutes a Facade Improvement Committee.
(b)
The number of members of the Façade Improvement Committee shall be designated by the Mayor. The Mayor shall appoint the members of the committee who shall serve at the Mayor's pleasure. All members are volunteers who shall recommend to the Mayor and work in concert with the Architectural Review Board. As a member no benefits or protections shall inure to the benefit of the member. These appointed members are not employees or officers of the Village.
(c)
Contributing qualified applicants. Any applicant for a building permit for new construction, additions, and/or renovations that increase the floor area of new, existing and accessory buildings shall make a cash payment pursuant to Subsection J(1)(a).
(d)
The fee required to be paid under this section shall be fixed and established by resolution adopted by the Board of Trustees from time to time.
(e)
Information. Information pertaining to the facade improvement fund shall be available in the Building Department and on the Village website and all building permit applications shall indicate that projects may be subject to facade improvement fund.
(2)
Facade improvement program.
(a)
The Façade Improvement Committee shall recommend design guidelines to the Village Board which shall approve them by resolution. The design guidelines will be available in the Building Department and on the Village website.
(b)
Each application shall contain detailed elevations and renderings as well as material specifications and physical examples of materials to be used, that clearly depict the scope and extent of the building façade alterations proposed.
(c)
Once the design guidelines have been published, the Façade Improvement Committee will create an application for properties in the Retail Business District to apply to use funds to improve their facades. Applicants must provide their own funding in addition to what may be awarded from the fund. The application will be available in the Building Department and on the Village website and will be on a rolling basis as funding is available. This section creates no right of an applicant or any other entity as to funding. Not all applicants will receive funds even if funds are available, unless the proposed project displays a merit-based necessity.
(d)
Facade Improvement Committee members shall review the applications and make recommendations to the Village Board. The Village Board shall act on the recommendations by resolution. The Treasurer shall notify the applicant of the funding and the requirements to draw down the funds.
(e)
Applicants must apply for all necessary building permits. At the completion of the work, the applicant will display a sign or sticker saying they participated in the Facade Improvement Program.
K.
Retention of expert assistance and reimbursement by applicant.
(1)
The Village may hire any consultants and/or experts necessary to assist the Village in reviewing and evaluating any application of any requests in the Retail Business District.
(2)
An applicant shall deposit with the Village funds sufficient to reimburse the Village for all reasonable costs of consultant and expert evaluation and consultation to the Board in connection with the review of any application. The initial deposit shall be $7,500. These funds shall accompany the filing of an application, and the Village will maintain a separate escrow account for all such funds. The Village's consultants/experts shall bill or invoice the Village no less frequently than monthly for its services in reviewing the application and performing its duties. If, at any time, during the review process this escrow account has a balance less than $2,500, applicant shall immediately, upon notification by the Village, replenish said escrow account so that it has a balance of at least $2,500. Such additional escrow funds must be deposited with the Village before any further action or consideration is taken on the application. If the amount held in escrow by the Village is more than the amount of the actual billing or invoicing at the conclusion of the review process, the difference shall be promptly refunded to the applicant.
(3)
The total amount of the funds required to review an application may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed by the Board or its consultant/expert to complete the necessary review and analysis. Additional escrow funds as required by the Village shall be paid by the applicant.
§ 365-21 Industrial Districts.
[Amended 7-7-1975 by L.L. No. 1-1975]
The following regulations shall apply in all Industrial Districts:
A.
Uses permitted.
(1)
Uses.
(a)
Offices for executive, sales or administrative purposes.
(b)
Institutions for scientific research.
(c)
Commercial research laboratories.
(d)
Lumber and building supply yards.
(e)
Warehousing and distributing establishments, but not including the sale of goods or materials at wholesale or retail on the premises.
(f)
Automotive sales, repair and service establishments, such as public garages, automobile sales rooms, gasoline service stations, battery and tire sales and service establishments, body and fender shops, car laundries and paint shops; subject, however, to the following provisions:
[1]
No repair work shall be performed in the open.
[2]
Pumps, lubricating and other devices shall be located at least 25 feet from any lot line.
[3]
All gasoline, fuel oil or similar substances shall be stored in underground tanks located not less than 25 feet from any lot line.
[4]
No automobile parts, dismantled vehicles, used tires and similar articles shall be kept or maintained in the open.
[5]
No automobiles or vehicles, except such as are actually being serviced or awaiting service and those belonging to persons employed on the property, shall be parked, maintained or stored in the open on the premises.
(g)
A used car lot only when the same is used in conjunction with and immediately adjoining a business and salesroom of an authorized dealer in new automobiles.
(h)
Any use consisting of the manufacture, fabrication, assembling, testing, researching or other handling of products.
(i)
Adult uses.
[Added 3-13-1990 by L.L. No. 3-1990]
(j)
Flea markets.
[Added 3-13-1990 by L.L. No. 3-1990]
(k)
Tattoo and body piercing parlors.
[Added 11-22-2011 by L.L. No. 8-2011]
(l)
Urgent care facilities.
[Added 5-25-2021 by L.L. No. 5-2021]
(2)
Any and all of the foregoing uses are permitted, subject to the following provisions:
(a)
No smoke, gas, dust, odor, fumes or any other atmospheric pollutant, radiation, noise, glare or vibration is disseminated beyond the building in which such use is conducted.
(b)
Such use does not constitute a fire, explosive, radiation or other physical hazard.
(c)
No water pollution or other health hazard results from the operation of such use.
(d)
The operation of the use shall not interfere with radio or television reception in the community.
(e)
Such use does not create unusual traffic hazards or congestion by reason of the types or numbers of vehicles required in connection therewith or by reason of the manner in which traffic enters or leaves the site thereof.
(f)
The approval by the Planning Board of a site plan submitted in accordance with § 365-32 and the approval by the Board of Appeals of an application for such use, subject to such safeguards and conditions as established by said Board, consistent with the specific use, and upon the issuance by said Board of a permit for such use.
[Amended 10-24-2006 by L.L. No. 9-2006]
(3)
The foregoing permitted uses shall not be construed to include a junkyard, a place for indoor or outdoor storage of any salvage, wastepaper, wood, metal, dismantled automobiles or any and all other materials, and any operation for the reclamation, reprocessing or reworking of any salvage or used material of any description.
B.
Building height limit shall be 2 1/2 stories, but not exceeding 30 feet, as measured from the top of the curb, or the crown of the road where no curbs exist, to the highest point of the roof.
[Amended 12-12-2000 by L.L. No. 6-2000]
C.
Required lot area and width. Lot area shall not be less than 20,000 square feet and lot width not less than 100 feet.
D.
Percentage of lot coverage. The sum of all areas of all buildings, including accessory buildings, shall not exceed 50% of the lot area.
E.
Yards required. Each lot shall have front, side and rear yards not less than the following depths:
F.
Inspection of unoccupied structures.
[Added 11-25-1997 by L.L. No. 6-1997]
(1)
All unoccupied structures in nonresidential zones shall be inspected by the Building Inspector or his designee to see that the structures are physically safe and clean of all debris, with the interiors cleared of the tenant's fixtures and sign removed within 60 days of any vacancy.
(2)
The Building Inspector may make periodic inspections as the facts shall dictate.
G.
The Board of Trustees shall have the discretion to require a special use permit for any zoning and/or building permit applications, or any part thereof, in the Retail Business Districts or the Industrial Districts, and in determining such application for a special use permit pursuant to this section shall determine the adequacy of the parking for any particular use.
[Added 2-13-2024 by L.L. No. 1-2024]