[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.
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.
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.
(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 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.
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.
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.
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.
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]
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.
The following regulations shall apply in all
Retail Business Districts:
A.
Uses permitted.
[Amended 7-7-1975 by L.L. No. 1-1975; 7-10-1979 by L.L. No.
1-1979]
(1)
Any store or shop for the sale at retail of convenience
or shoppers' goods, such as:
(a)
Drug.
(b)
Supermarket.
(c)
Bakery.
(d)
Meat.
(e)
Liquor.
(f)
Paint or wallpaper.
(g)
Photographic equipment.
(h)
Florist.
(i)
Gift and card.
(j)
Hobby or toy.
(k)
Office equipment.
(l)
Apparel, including shoe.
(m)
Variety.
(n)
Stationery.
(o)
Furniture.
(p)
Appliance.
(q)
Jewelry.
(r)
Dry goods.
(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:
[Amended 8-8-2006 by L.L. No. 3-2006; 5-25-2021 by L.L. No. 5-2021]
(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:
[Amended 12-10-2019 by L.L. No. 10-2019]
(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.
[Amended 6-27-2023 by L.L. No. 4-2023]
(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:
[Added 8-8-2006 by L.L. No. 3-2006;
amended 5-25-2021 by L.L. No. 5-2021]
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.
[Added 12-12-2000 by L.L.
No. 6-2000; amended 2-26-2019 by L.L. No. 2-2019; 10-22-2019 by L.L. No. 7-2019; 6-27-2023 by L.L. No. 4-2023]
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.
[Amended 10-26-1971; 7-25-1977 by L.L. No. 5-1977; 10-24-2006 by L.L. No.
10-2006]
G.
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.
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:
[Added 6-14-2022 by L.L. No. 6-2022]
I.
Off-street
parking.
[Added 6-27-2023 by L.L. No. 4-2023]
(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.
[Added 2-13-2024 by L.L. No. 1-2024]
[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]
