This chapter shall be known and may be cited
as the "Building Zone Ordinance of the Village of Babylon."
[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.
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.
