Unless otherwise stated expressly, the following words
and expressions, where used in this chapter, shall have meanings as
follows:
ACCESSORY BUILDING
A building or a detached private garage subordinate to the
main building on a lot, used for purposes customarily incidental to
those of the main building, not used for habitation and which does
not exceed the size of the main building. This shall not include trailers,
mobile homes or like structures, with or without wheels.
[Amended 11-1-1988; 3-21-1989; 2-17-1998 by L.L. No. 1-1998]
ACCESSORY STRUCTURE
A structure subordinate to the buildings on a lot, used for
purposes customarily incidental to those of the buildings, having
no foundation or permanent attachment to the land other than a simple
slab, not used for habitation, swimming pool enclosures or garage
purposes and which does not exceed the size of the main building.
This shall not include trailers, mobile homes or like structures,
with or without wheels.
[Added 11-1-1988; amended 3-21-1989]
AGRICULTURE
The cultivation of the soil for food products or other useful
or valuable growths of the field or garden, but does not include dairying,
raising of livestock, breeding or keeping of animals, fowl or birds
where the same is carried on as a business or gainful occupation.
BOARDINGHOUSE
A building or part thereof containing one or more rooming
units, which is occupied or intended to be occupied, which is offered
or permitted to be used, by the owner, operator, occupant, person
in charge, agent or anyone acting on behalf of any of the aforementioned,
which is not a motel or hotel, for one or more nights, and sometimes
for extended periods of weeks, months and years, where lodging and
meals are provided, with or without individual cooking facilities.
Nothing herein shall be construed to prevent a natural family or functional
equivalent of a natural family from occupying an entire one-family
home, a legal accessory apartment or a legal unit in a multifamily
dwelling, which by certificate of occupancy is permitted to be used
as a multiple-family dwelling.
[Added 8-15-1989; amended 11-17-2010 by L.L. No. 34-2010]
BUILDING
A combination of any materials, whether portable or fixed,
having a roof, to form a structure affording shelter for persons,
animals or property. The word "building" shall be construed, when
used herein, as though followed by the words "or part or parts thereof"
unless the context clearly requires a different meaning. The term
"building" shall also mean "factory manufactured home" and "mobile
home."
[Added 5-15-1990]
BUILDING AREA
The area of the maximum horizontal cross section of the building
on a lot.
BUILDING INSPECTOR
The Building Inspector of the Town of Babylon or any person
duly appointed as such Inspector.
CAMP COTTAGE
Any building of whatever material constructed, designed or
equipped to be used for living, sleeping or eating only by transient
or seasonal occupants.
CAMP UNIT
Any plot of land in a tourist camp upon which is proposed
to be located any tent, tent house, camp cottage, tourist unit, house
car or trailer designed or equipped to be used for living, sleeping
or eating.
COMMERCIAL VEHICLE
Any commercially registered vehicle, including but not limited
to a bus, a minibus, a box truck, a tractor-trailer combination (or
either component thereof), an ambulance, an articulated bus, an automobile
transporter, a boat transporter, a hazard vehicle, a livery, an omnibus,
a sani-van, a taxi, a tow truck, a truck, a vanpool vehicle, or any
vehicle bearing commercial advertising or identification or any vehicle
which is not designed for use as a passenger-only vehicle, which is
not a limousine, taxi, livery or other for-hire vehicle.
[Added 10-1-2002 by L.L. No. 30-2002; amended 6-21-2005 by L.L. No. 11-2005]
COMMUNITY BENEFITS AMENITIES
Specific physical, social, or cultural amenities, as set forth in §
213-549, as authorized by the Town Board, which provide a benefit to the residents of the community.
[Added 4-7-2015 by L.L.
No. 2-2015]
COMMUNITY CENTER
A building and related facilities used for recreational,
social, educational, and cultural activities, operated by a public
or nonprofit group or agency.
[Added 4-7-2015 by L.L.
No. 2-2015]
CORNER LOT
A lot having a street line along two streets forming an angular
or curved corner.
DATE OF ADOPTION
The day that the Zoning Chapter is formally adopted by resolution
of the Town Board and entered in its minutes.
DECK
An open structure subordinate to the main building on a lot,
used for purposes customarily incidental to the main building and
associated with patios, porches, porticoes, balconies and sun decks,
not used for habitation and which does not exceed the size of the
main building. Decks having a height of 18 inches or less shall be
considered accessory structures. Decks having a height of more than
18 inches, but five feet or less, shall be considered accessory buildings.
Decks having a height of more than five feet shall be considered building
extensions/additions.
[Added 3-21-1989; amended 3-6-2007 by L.L. No. 3-2007]
DEPTH OF A LOT
The average of the distance from the street line of the lot
to its opposite rear line, measured in the general direction of the
side lines of the lot.
DIVISION OF BUILDING
The Division of Building in the Department of Planning and
Development of the Town of Babylon or any employee or officer of such
Department.
[Amended 4-7-1976 by L.L. No. 15-1976]
DRIVEWAY
A paved surface consisting of nonporous materials, creating
a barrier between the nonporous materials and the earth, where registered
automobiles and other registered vehicles are operated or allowed
to stand, connecting a real property to a public road.
[Added 9-10-2008 by L.L. No. 22-2008]
EFFECTIVE DATE
The tenth day after said chapter is published in a newspaper
in the township and posted in a newspaper in the Town and posted in
accordance with the provisions of §§ 264 and 265 of
the Town Law of the State of New York.
FAMILY
A single person or collective group of persons related by
kinship, adoption, blood or marriage, or the functional and factual
equivalent of a natural family, living together under the same roof
and cooking together as a single housekeeping unit, in a common household
whose relation is of a permanent and distinct domestic character.
[Amended 8-15-1989]
FENCE
Either basket-weave, woven-wire, vertical-wood-staving, split-rail
or a fence having open spaces the same width as and between each of
the pickets, slats or other materials used in its construction, unless
otherwise permitted by the Board of Appeals as hereinafter provided.
FLOOR AREA RATIO OR FAR
The total floor area, in square feet, of a building or buildings
divided by the total area, in square feet, of the plot on which the
building or buildings are situated.
[Added 4-7-2015 by L.L.
No. 2-2015]
FOOD SCRAPS
Inedible food, trimmings from the preparation of food, food-soiled
paper, edible food that is not donated and food processing waste.
"Food scraps" does not include used cooking oil, yellow grease, or
any food which is subject to recall or seizure due to the presence
of pathogens.
[Added 3-16-2022 by L.L. No. 2-2022]
FRONT BUILDING LINE
The line across the entire frontage of the lot at the required
front setback distance.
FRONT YARD
The required open space extending along the streetline of
any street on which the lot abuts.
FUNCTIONAL AND FACTUAL EQUIVALENT OF A NATURAL FAMILY
A single housekeeping unit bearing the generic character
of a family unit as a relatively permanent household, not a framework
for transients or transient living, leading a stable, nonprofit, family-like
existence, headed by a householder as one would likely find in a biologically
unitary family; in every sense but a biological one it must function
as a stable, single-family unit, albeit occasionally changing in composition
even as a natural family might and does.
[Added 8-15-1989]
GARAGE, MINOR
A building, other than a private garage, used for the storage
only of: noncommercial automobiles; or commercial automobiles only
for a purpose accessory to the permitted use of the lot.
[Amended 11-1-1988]
GARAGE, PRIVATE
A building detached from and accessory to a residential building,
or a building attached to a residential building, or a part of a residential
building, which is designed to be used for or is actually used for
the parking or storage of motor vehicles, boats or trailers, having
not more than two bays and not more than 250 square feet per bay and
each bay being not less than 10 feet in width and 20 feet clear interior
depth, in any zoning district.
[Amended 11-1-1988; 2-17-1998 by L.L. No. 1-1998; 9-10-2008 by L.L. No.
22-2008]
GARAGE, PUBLIC
A building or portion thereof, other than a private garage,
designed or used for equipping, repairing, renting, parking or storing
motor vehicles.
[Amended 11-1-1988]
GREEN ROOF
A building roof that is engineered to be covered with low-maintenance
growing plants that: insulate in winter, cool the building in summer,
reduce solar absorption, reduce precipitation runoff from roof surfaces,
and improve interior heating, ventilating and air conditioning (HVAC)
efficiency.
[Added 4-7-2015 by L.L.
No. 2-2015]
HEALTH CLUB
An establishment that provides facilities for physical exercise
such as aerobics, running, jogging, weightlifting, game courts, swimming
facilities and accessory saunas, showers, massage rooms and lockers,
within an enclosed building or buildings.
[Added 4-7-2015 by L.L.
No. 2-2015]
HEIGHT OF A BUILDING
The distance measured from the mean average grade of the
ground surrounding the building to the highest point of the roof,
provided that chimneys, spires, elevator penthouses, tanks and similar
projections shall not be included for the purpose of determining the
height.
[Amended 10-18-2005 by L.L. No. 24-2005]
INCENTIVES OR BONUSES
Adjustments to the permissible density, height, or other
requirements of the Zoning Code of the Town of Babylon in exchange
for a specific community benefit or amenity that provides for a specific
purpose authorized by the Town Board.
[Added 4-7-2015 by L.L.
No. 2-2015]
INCENTIVE ZONING
The system by which specific incentives or bonuses are granted,
pursuant to § 261-b of Town Law of the State of New York,
on condition that specific physical, social, or cultural benefits
or amenities are provided to the community.
[Added 4-7-2015 by L.L.
No. 2-2015]
KITCHEN
A room or an area in a building in which food is cooked and/or
prepared and which contains equipment used in the cooking and preparation
of food, i.e., stove and/or oven and/or microwave oven or any other
appliance, device or equipment ordinarily used in the preparation
and/or cooking of food. It may also contain any or all of the following:
sink and/or refrigerator and/or base cabinet(s) and/or upper cabinet(s).
[Added 6-10-1997 by L.L. No. 7-1997]
LOT AREA
The area of a lot on which a building and its accessories
may be located, exclusive of land in the bed of any street and exclusive
of any land intermittently or permanently underwater.
[Amended 12-2-1986]
LOT IN SINGLE AND SEPARATE OWNERSHIP
Evidenced by a deed showing same is recorded by the Suffolk
County Clerk's Office prior to the effective date of this chapter
or evidenced by a written agreement showing same to be contracted
for prior to the effective date of this chapter.
MIXED-USE
A development or building containing a mix of different types
of land uses. In many cases, mixed-use refers to retail on the first
story, with residential or office above.
[Added 4-7-2015 by L.L.
No. 2-2015]
MOTEL-HOTEL
A structure in which lodging is provided for transient people
and offered to the public for compensation and in which ingress and
egress to and from all rooms is made through an inside lobby or office
supervised by a person in charge at all hours.
[Amended 8-4-1981 by Res. No. 2]
MULTIPLE RESIDENCE
A building or group of buildings designed for occupancy by
three or more families living independently of each other in separate
dwelling units.
OCCUPIED
The presence of a person in any rooming unit, unit, area
or space within a premises, when said rooming unit, unit, area or
space is used, furnished to be used or intended to be used for living
or sleeping, which may or may not be used for cooking or eating purposes
and with or without private bathroom facilities. There shall be a
rebuttable presumption that a rooming unit, unit, area or space within
a premises is occupied when said rooming unit, unit, area or space
is furnished or set up to be used for human occupancy.
[Added 4-22-2009 by L.L. No. 8-2009]
OFF-STREET PARKING AREA
The area of a lot or a building used or designated to be used for the purpose of accessory parking of vehicles. Such area shall be on or part of the same lot on which the principal use is located. However, when approved by the Planning Board as part of the review of site plans pursuant to Chapter
186, Site Plan Review, such area may be maintained on a separate lot determined by said Board to be convenient thereto; provided, however, that such separate lot shall be permanently and exclusively committed to such use, and for such purpose the Planning Board shall require such recordable instruments which, as to execution and form, shall be satisfactory and are deemed necessary to ensure the continued and noninterrupted use of such parking area for such purpose.
OUTDOOR DINING
Any outdoor cafe, sidewalk cafe, eating area, or any food
service accessory to an on-premise food and beverage consumption establishment.
[Added 4-7-2015 by L.L.
No. 2-2015]
OUTDOOR DISPLAY
Retail merchandise that is displayed during business hours
outside of the building housing the business.
[Added 4-7-2015 by L.L.
No. 2-2015]
OUTDOOR STORAGE
The deposit, placement, maintenance or sufferance of any
materials, equipment, commercial vehicle (except during actual business
hours, but in no event between 10:00 p.m. and 6:00 a.m.), building
materials, objects or items of any kind or character, except while
engaged in actual immediate delivery at the premises.
[Added 6-21-2005 by L.L. No. 11-2005]
PARKING SPACE
The space required for each motor vehicle intended or required
to be parked in an off-street parking area. Each parking space shall
have an area of not less than 200 square feet, and in addition thereto,
there shall be provided such space as is reasonably necessary for
adequate ingress, egress and turning. The formula for providing an
adequate parking area is an area of 334 square feet per required motor
vehicle unit.
PERSON IN CHARGE
The person or persons possessed of the fee simple of an improvement
or a lesser estate therein, a mortgagee or vendee in possession, assignee
of rents, receiver, executor, trustee, lessee, agent or any other
person directly or indirectly in control of any premises.
[Added 4-22-2009 by L.L. No. 8-2009]
PERVIOUS PAVING
A hard surface with load bearing capacity engineered to allow
for the passage of water through it. The surface may be comprised
of paving blocks with open corners, lattices or edges or asphalt/concrete
mixes without "fines."
[Added 4-7-2015 by L.L.
No. 2-2015]
PLAZA
An open space paved and/or partially landscaped and accessible
to the public at all times, which has an area of not less than 7,500
square feet with a minimum dimension of 50 feet and which is bounded
on one side by a front lot line or which is connected to the street
by a means of a pedestrian walkway.
[Added 4-7-2015 by L.L.
No. 2-2015]
PREMISES
The land and all buildings and structures thereon.
PRIVATE PROPRIETARY CONVALESCENT HOME
A facility where lodging, board and health-related services
are provided for persons recuperating from illness or incapacity.
[Added 8-15-1989; amended 11-17-2010 by L.L. No. 34-2010]
PRIVATE PROPRIETARY HOME FOR ADULTS
An adult-care facility, for the purpose of providing temporary
or long-term residential care, room, board, housekeeping, personal
care and supervision to adults.
[Added 8-15-1989; amended 11-17-2010 by L.L. No. 34-2010]
PRIVATE PROPRIETARY NURSING HOME
A facility, other than a hospital, where lodging, board and
health-related services are provided for persons with or recuperating
from illness or incapacity.
[Added 8-15-1989; amended 11-17-2010 by L.L. No. 34-2010]
PUBLIC PARKING PLACE
Any plot other than one owned or maintained by the Town or
a municipal district or authority, used by the public for parking
of automobiles or other motor vehicles.
REAR YARD
The required open space extending along the rear lot line
(not a street line) throughout the whole width of the lot.
REST HOME
A facility established and operated for compensation and
profit, where lodging, meals and nonmedical supervision are provided
for persons on a transient, long-term or permanent basis.
[Added 8-15-1989]
ROOMING HOUSE
A building or part thereof containing one or more rooming
units, which is occupied or intended to be occupied, which is offered
or permitted to be to used, by the owner, operator, occupant, person
in charge, agent or anyone acting on behalf of any of the aforementioned,
which is not a motel or hotel, for one or more nights, and sometimes
for extended periods of weeks, months and years. Nothing herein shall
be construed to prevent a natural family or functional equivalent
of a natural family from occupying an entire one-family home, a legal
accessory apartment or a legal unit in a multifamily dwelling, which
by certificate of occupancy is permitted to be used as a multiple-family
dwelling.
[Added 8-15-1989; amended 4-22-2009 by L.L. No. 8-2009]
ROOMING UNIT
Any room or group of rooms forming a space used furnished
to be used or intended to be used for living or sleeping which may
or may not be used for cooking or eating purposes and with or without
private bathroom facilities.
[Added 4-22-2009 by L.L. No. 8-2009]
SANITARIUM
Not an institution required to be licensed under the Mental
Hygiene Law of the State of New York.
SCRAP METAL PROCESSING FACILITY
An establishment engaged primarily in the purchase, processing
and shipment of ferrous and/or nonferrous scrap, the end product of
which is the production of raw material for remelting purposes for
steel mills, foundries, smelters, refiners, and similar users and
provided that such establishment is within 100 feet of property zoned
H Industry, is comprised of at least four acres and a portion of the
property contains a nonconforming use that permits the processing
of scrap metal.
[Added 11-17-2011 by L.L. No. 24-2011]
SCRAP PROCESSOR
Any person, association, partnership or corporation operating
and maintaining a scrap metal processing facility.
[Added 11-17-2011 by L.L. No. 24-2011]
SHARED PARKING
Where two or more uses merge parking needs in shared parking
facilities based on different peak periods of demand.
[Added 4-7-2015 by L.L.
No. 2-2015]
SHED
A structure subordinate to the buildings on a lot, used for
purposes customarily incidental to the buildings and associated with
cabanas, playhouses or storage of lawn and pool care equipment or
any other items used in the normal maintenance of residential property,
not used for habitation and which does not exceed 100 square feet
and/or 10 feet in height. "Sheds" shall be considered accessory structures
and shall not include trailers, mobile homes or like structures with
or without wheels.
[Added 3-21-1989; amended 5-27-2008 by L.L. No. 15-2008]
SIDE YARD
The required open space extending along the side lot line
from the front yard to the rear yard.
SIGN
Every kind of billboard, signboard and other shape or device
or display arranged, intended, designed or used to advertise, announce,
direct or otherwise inform, including any text, symbol, marks, letters
or figures painted on or incorporated in the composition of the exterior
surface of a building or structure.
SINGLE-USE
A development or building containing only one type of land
use.
[Added 4-7-2015 by L.L.
No. 2-2015]
SMALL IMPROVEMENT
A minor addition or change in the quality of the natural
and man-made environment that makes something better or more valuable,
which includes, but is not limited to, a dock, fence, boathouse or
storage shed or other like structure which does not exceed 100 square
feet and/or 10 feet in height, which is not used for living accommodations.
[Added 8-14-2012 by L.L. No. 11-2012]
STRUCTURE
A combination of materials other than a building forming
a construction that is safe and stable and includes, among other things,
stadiums, gospel and circus tents, reviewing stands, platforms, stagings,
poles, stacks, observation towers, sheds, coal bins, bulkheading,
walls, fences over four feet in height and signs; the word "structure"
shall be construed as though followed by the words "or part thereof."
TELEPHONE EXCHANGE
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.
TOURIST CAMP
Any plot on which are located or which is offered to the
public for the location of one or more tents, cabins, tent houses,
camp cottages, tourist houses, house cars or trailers designed or
equipped to be used for living, sleeping or eating.
TRAILER or HOUSE CAR
Any vehicle designed or equipped to be used for living, sleeping
or eating and designed to move from place to place on wheels, propelled
by its own power or otherwise drawn or propelled.
TWO-FAMILY DWELLING
A building designed for and occupied exclusively as a home
or residence for two families.
TWO-STORY BUILDING
Any building having an area on the second floor of not less
than 75% of the area on the first floor.
WIDTH OF A LOT
The average width measured at right angles to the direction
of its average depth.