[Amended 11-13-1990 by L.L. No. 5-1990]
A. 
In any district, no building shall be erected to a height greater than 30 feet, except that the provisions hereof shall not apply to a church or similar place of worship, and provided further that whenever the construction or alteration of a building is subject to flood code requirements governing first-floor elevations and such first-floor elevation requirements fix the lowest point of the first-floor elevation, inclusive of a basement floor, at an elevation above grade, then the height limitation of 30 feet shall be extended by two additional feet to 32 feet.
[Amended 12-12-2000 by L.L. No. 6-2000; 1-22-2008 by L.L. No. 6-2008]
B. 
In any district, no accessory building shall be erected to a greater height than 15 feet.
C. 
In any district, no flagpole shall be erected that exceeds 20 feet in height. A building permit is required to inspect the footing of any flagpole which exceeds 15 feet.
[Amended 6-22-2004 by L.L. No. 2-2004]
Swimming pools which will be operated for gain or for which an admittance fee or membership fee will be charged and swimming pools which will be operated for the membership of clubs, lodges and similar organizations shall be permitted in business and industrial zones only under license of the Board of Trustees of the Village of Babylon and under such safeguards as the Board of Trustees may require. They will, in addition, be constructed and operated in accordance with the New York State Uniform Fire Prevention and Building Code and with the Sanitary Code of the State of New York.
[1]
Editor's Note: Original § 1302, which immediately followed this section and pertained to private swimming pools, was deleted as being superseded by Ch. 315, Swimming Pools.
A. 
Notwithstanding any other provisions of this chapter, where reference is made to lot area or street frontage requirements in any and all use zones and, further, reference to exceptions as to a lot in single and separate ownership as of a certain date, which lot by the present or future lot area or street frontage requirements is substandard in size, any right so given a parcel in single and separate ownership as of a certain date shall be deemed to be lost by the owner of said substandard lot, or its grantees, heirs, successors and assigns, when an owner of said substandard lot shall acquire an adjacent and abutting lot or where an owner of an adjacent lot shall have acquired the substandard lot, thereby merging the title of the substandard lot into the abutting and adjoining lot. When such merger shall have been so effected, then the single and separate ownership exceptions to the requirements of this chapter shall no longer apply to a previously substandard-sized plot, and this interpretation shall apply in all zones.
B. 
It shall be unlawful and deemed a violation of this chapter for the owner of a parcel of ground to subdivide the same, whether by sale, devise, gift or otherwise, into smaller plots which result in the creation of one or more undersized or substandard-sized plots with relation to area and street frontage requirements of this chapter in force at the time of such subdivision, and any plot so created shall be deemed to be in violation of this chapter, and said violation shall be deemed to extend and apply to all newly created lots out of the original plot subdivided, whether or not one or more of the newly created plots is technically in conformity with the then existing ordinances, unless the Board of Appeals shall have granted a variance or special permission for such division in accordance with § 365-35A.
C. 
It shall be unlawful and deemed a violation of this chapter for an owner of a lot, tract or parcel of land to divide, subdivide or resubdivide the same by sale, devise, gift or otherwise into smaller lots, parcels, tracts or other divisions of land except in conformity and compliance with the rules, regulations and standards governing subdivision of land[1] in the Village of Babylon; except, however, that an owner may divide a lot, tract or parcel of land into not more than three lots or plots, each of which shall have frontage on an existing street and shall comply with the width and area requirements of this chapter then in effect without compliance with the rules, regulations and standards governing subdivision of land, provided that three copies of a survey prepared by a licensed surveyor showing the proposed division shall be filed with the Planning Board and said Board shall endorse its approval on the surveys without payment of any fee.
[1]
Editor's Note: See Ch. 311, Subdivision of Land.
D. 
Whenever an application is made to the Board of Appeals under § 365-35A or Subsection B, before any hearing on such application, the Planning Board shall submit to the Board of Appeals its recommendations in writing, based on a survey showing the proposed division which must be submitted to the Planning Board by the owner at the same time the application is filed with the Board of Appeals.
A. 
Notwithstanding any other provision of this chapter, any automobile or other junkyard in existence at the date of the passage of this amendment to this chapter[1] in any district shall, at the expiration of three years from such date, become a prohibited and unlawful use.
[1]
Editor's Note: The effective date of the amendment was 10-27-1963.
B. 
Notwithstanding any other provision of this chapter, any display sign or commercial billboard in existence at the date of the passage of this amendment to this chapter[2] in a residence district shall, at the expiration of five years from such date, be discontinued. The Board of Appeals may, however, permit its continuance as a special exception as herein provided.
[2]
Editor's Note: The effective date of the amendment was 7-12-1933.
C. 
Notwithstanding any other provisions of this chapter, any fuel-dispensing, air-dispensing or other equipment for the servicing of motor vehicles located beyond the lot line within the right-of-way of any public street in existence at the effective date of this amendment to this chapter[3] shall, at the expiration of two years from such date, be discontinued and removed.
[3]
Editor's Note: The effective date of the amendment was 4-3-1961.
If, at the time of the passage of this chapter, there exists a Planning Board empowered to approve subdivision plats or plans, as provided in the Village Law, said Planning Board shall also have the power to modify the zoning regulations for such subdivisions as provided in § 7-738 of the Village Law, and said Planning Board shall study the application of this chapter and shall from time to time recommend to the Village Board such changes in this chapter and in the boundaries of the various districts as it shall deem advisable to further promote the health, safety, morals or the general welfare of the community.
On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained, which may cause danger to traffic on a street by obscuring the view.
A. 
The lawful use of a building existing on the effective date of this chapter may be continued although such use does not conform to the provisions of this chapter, and such use may be extended throughout the building lawfully acquired previous to said date. A nonconforming use may be changed to a use of the same or higher classification according to the provisions of this chapter. Whenever a district shall hereafter be changed, any then existing nonconforming use in such changed district may be continued or changed to a use of similar or higher classification, provided that all other regulations governing the new use are complied with. Whenever a nonconforming use of a building has been discontinued or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a use of a lower classification. No building which has been damaged by fire or other causes to the extent of more than 75% of its value shall be repaired or rebuilt except in conformity with the regulations of this chapter.
B. 
If any nonconforming use ceases for a continuous period of one year or more or is changed to or replaced by a conforming use, the land and building theretofore devoted to such nonconforming use shall thereupon be subject to all of the regulations as to use for the district in which such land and building are located as if such nonconforming use had never existed.
Nothing herein contained shall require any change in the plans, construction or designated use of a building, the construction of which shall have been started before the date of the passage of this chapter and the ground-story framework of which, including the second tier of beams, shall have been completed within six months of the date of such starting and which entire building shall have been completed according to such plans as have been filed within one year from the date of the passage of this chapter.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals or the general welfare of the Village. It is not intended by this chapter to interfere with or abrogate or annul any Village Building Code[1] or any rules or regulations adopted or issued thereunder or the rules and regulations of the Board of Health of the Village of Babylon not in conflict with any of the provisions of this chapter; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of the building or requires larger open spaces than are imposed or required by such ordinances, rules and regulations, the provisions of this chapter shall control.
[1]
Editor's Note: The New York State Uniform Fire Prevention and Building Code is operative within the Village of Babylon. See Ch. 96, Building Construction and Fire Prevention, for administrative provisions for the Uniform Code.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred thereby, the proper local authorities of the Village, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
[Amended 11-30-1981 by L.L. No. 21-1981]
A. 
For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B. 
In addition or as an alternative to the above-provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
[Amended 4-8-2008 by L.L. No. 7-2008]
Except as otherwise provided in this chapter, every room in which persons live, work or congregate shall have at least one window or ventilating skylight opening directly either upon a street or upon a rear yard, front yard, side yard, inner court or outer court located upon the same lot and conforming to the requirements prescribed this chapter as to its minimum area and least dimension. Courts, yards and other open spaces, if provided in addition to those required by this chapter, need not be of the area and dimensions herein prescribed. No yard, court or other open space about any building for the purpose of complying with the provisions of this chapter shall again be used as a yard, court or other open space for another building. The provisions of this chapter shall not be deemed to apply to courts or shafts for bathrooms, toilet compartments, hallways or stairways. Buildings with windows required under this section shall be maintained with glass enclosing the window openings and broken windows shall be repaired within 10 days of the breakage, provided that the temporary boarding of buildings is permitted by application to the Building Inspector for a permit to temporarily cover window openings without glass for a fee of $150. Such permits shall allow the temporary covering of openings for a period not exceeding 30 days.
The height provisions of this chapter shall not apply to the erection of belfries or towers designed exclusively for ornamental purposes. The height provisions of this chapter shall, moreover, not apply to bulkheads, elevator enclosures or water tanks occupying in the aggregate less than 10% of the area of the roof on which they are located and not exceeding 12 feet in height above the roof.
A. 
Definitions. As used in this section, the words "animal," "wild animal," "fowl," "household pets" and "owner" shall be defined and have the same meaning as stated in Chapter 79, Animals. The word "use district" shall have the same meaning as stated in Article III of this chapter.
B. 
Except as otherwise may be permitted as a special exception by the Board of Appeals after public hearing, no premises in any use district may be used or occupied and no structures may be erected or maintained for the harboring, keeping and maintaining of any animal, wild animal or fowl, excluding, however, household pets.
C. 
The Board of Appeals, in granting or withholding permission for a special exception under this section, shall:
(1) 
Ascertain to its satisfaction that the harboring, keeping and maintaining of such animal or fowl will or will not be compatible with the use in the district or be detrimental to or create a nuisance, health hazard or odorous and unsightly condition in the district.
(2) 
Prescribe such conditions, time limits and safeguards as it deems necessary and appropriate in the circumstances.
(3) 
Provide that any permission granted hereunder may be revocable by it after a public hearing at any time when, in its judgment, the circumstances and conditions upon which the permission was granted have changed or the harboring, keeping and maintaining of such animals and fowl interfere with the safety, comfort, health, welfare and peace of the residents of the use district or of the Village.
D. 
Following the granting of permission for a special exception under this section, the Building Inspector shall issue a certificate of occupancy consistent therewith as provided in this chapter.
[Amended 6-15-1970]
Except as otherwise may be permitted as a special exception by the Board of Appeals after a public hearing, no premises in any use district may be used or occupied and no structure may be erected or maintained for a temporary period of time for any purposes other than as provided and regulated in this chapter. For the purpose of this section, a temporary period of time shall mean 30 consecutive days or less.
[Added 1-8-1991 by L.L. No. 2-1991; amended 9-27-2011 by L.L. No. 1-2011]
A. 
The following minimum number of off-street parking spaces shall be provided and satisfactorily maintained by the owner of the property for each building, structure or premises in a residential district which shall hereinafter be erected, enlarged or altered for use for any one of the following purposes:
(1) 
One-family and two-family dwellings: two spaces for each dwelling unit.
B. 
Where garages are provided, they must be substituted for such off-street parking area and shall conform architecturally to the principal building. Garages which are used for storing personal items and are not accessible for parking shall not be substituted for such off-street parking area.
C. 
Parking areas shall not be permitted between the street and the building line, except in the case of a circular driveway.
D. 
No circular driveway may be placed on any parcel of residentially zoned land having a width of less than 100 feet when measured at the street line and no certificate of occupancy shall be issued for any structures contained on such land unless and until the owner of such land has first obtained written approval of the Planning Board to construct or layout such circular driveway.
E. 
Notwithstanding any other provisions of this chapter, no structure may be erected in any residential district unless the site provides for a driveway along one of its side yards, the location of which shall be indicated on the filed plans. Said driveway shall be constructed from asphalt, concrete, stone or any other ordinary driveway product. All driveways shall extend from the front property line to at least the rear building line or front of a garage.
F. 
Driveway widths shall range from a minimum of 10 feet to a maximum of 20 feet. A minimum three-foot planting area shall be maintained between the edge of the driveway and the adjacent lot line and extend for the entire length of the driveway. Design of any new or modified curb cut shall be coordinated directly with the Superintendent of Public Works prior to driveway construction.
G. 
Total area covered by combination of a driveway and walkway(s) or other paved surface (excluding sidewalks adjacent to street line) shall not exceed 50% of the front yard area of the parcel. For purposes hereof, the "front yard" shall mean the yard in which the driveway is situated and shall encompass the lot area and from the street to the dwelling. Remaining front yard shall be unpaved and maintained as landscaped areas.
H. 
All new driveways and configuration changes to existing driveways require prior review and written approval from the Planning Board.