[Amended 10-9-1974; 12-2-1975; 4-7-1976 by L.L. No. 15-1976;[1] 7-1-1980 by Res. No. 5; 8-4-1981 by Res. No. 2; 12-2-1986; 11-1-1988; 3-21-1989; 8-15-1989; 5-15-1990; 6-10-1997 by L.L. No. 7-1997; 2-17-1998 by L.L. No. 1-1998; 10-1-2002 by L.L. No. 30-2002; 6-21-2005 by L.L. No. 11-2005; 10-18-2005 by L.L. No. 24-2005; 3-6-2007 by L.L. No. 3-2007; 5-27-2008 by L.L. No. 15-2008; 9-10-2008 by L.L. No. 22-2008; 4-22-2009 by L.L. No. 8-2009; 11-17-2010 by L.L. No. 34-2010; 11-17-2011 by L.L. No. 24-2011; 8-14-2012 by L.L. No. 11-2012; 4-7-2015 by L.L. No. 2-2015; 3-16-2022 by L.L. No. 2-2022; 12-17-2025 by L.L. No. 15-2025]
A. ACCESSORY BUILDING ACCESSORY STRUCTURE AGRICULTURE BOARDINGHOUSE BUILDING BUILDING AREA BUILDING INSPECTOR CAMP COTTAGE CAMP UNIT COMMERCIAL VEHICLE COMMUNITY BENEFITS AMENITIES COMMUNITY CENTER CORNER LOT DATE OF ADOPTION DECK DEPTH OF A LOT DIVISION OF BUILDING DOUBLE FRONT LOT DRIVEWAY EFFECTIVE DATE FAMILY FENCE FLOOR AREA RATIO OR FAR FOOD SCRAPS FRONT BUILDING LINE FRONT YARD FUNCTIONAL AND FACTUAL EQUIVALENT OF A NATURAL FAMILY GARAGE, MINOR GARAGE, PRIVATE GARAGE, PUBLIC GREEN ROOF GROUND STORY OR FIRST STORY HEALTH CLUB HEIGHT OF A BUILDING INCENTIVES OR BONUSES INCENTIVE ZONING KITCHEN LOT AREA LOT IN SINGLE AND SEPARATE OWNERSHIP MIXED-USE MOTEL-HOTEL MULTIPLE RESIDENCE NONCONFORMING BUILDING OR USE OCCUPIED OFF-STREET PARKING AREA OUTDOOR DINING OUTDOOR DISPLAY OUTDOOR STORAGE PARKING SPACE PERSON IN CHARGE PERVIOUS PAVING PLAZA PREMISES PRIVATE PROPRIETARY CONVALESCENT HOME PRIVATE PROPRIETARY HOME FOR ADULTS PRIVATE PROPRIETARY NURSING HOME PUBLIC PARKING PLACE REAR YARD REST HOME ROOMING HOUSE ROOMING UNIT SANITARIUM SCRAP METAL PROCESSING FACILITY SCRAP PROCESSOR SHARED PARKING SHED SIDE YARD SIGN SINGLE- OR ONE-FAMILY DWELLING SINGLE-USE SMALL IMPROVEMENT STREET LINE or FRONT PROPERTY LINE STRUCTURE TELEPHONE EXCHANGE TOURIST CAMP TRAILER or HOUSE CAR TWO-AND-ONE-HALF-STORY BUILDING TWO-FAMILY DWELLING TWO-STORY BUILDING WIDTH OF A LOT
Unless otherwise stated expressly, the following words and expressions, where used in this chapter, shall have meanings as follows:
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.
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.
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.
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.
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."
The area of the maximum horizontal cross section of the building on a lot.
The Building Inspector of the Town of Babylon or any person duly appointed as such Inspector.
Any building of whatever material constructed, designed or equipped to be used for living, sleeping or eating only by transient or seasonal occupants.
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.
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.
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.
A building and related facilities used for recreational, social, educational, and cultural activities, operated by a public or nonprofit group or agency.
A lot having a street line along two streets forming an angular or curved corner.
The day that the Zoning Chapter is formally adopted by resolution of the Town Board and entered in its minutes.
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.
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.
The Division of Building in the Department of Planning and Development of the Town of Babylon or any employee or officer of such Department.
A lot having a street line at both ends of the lot.
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.
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.
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.
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.
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.
The line across the entire frontage of the lot at the required front setback distance.
The required open space extending along the streetline of any street on which the lot abuts.
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.
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.
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.
A building or portion thereof, other than a private garage, designed or used for equipping, repairing, renting, parking or storing motor vehicles.
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.
The lowest story of a building entirely above the level of the ground in front of a building.
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.
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.
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.
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.
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).
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.
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.
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.
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.
A building or group of buildings designed for occupancy by three or more families living independently of each other in separate dwelling units.
One that does not conform to the regulations of the district in which it is situated.
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.
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.
Any outdoor cafe, sidewalk cafe, eating area, or any food service accessory to an on-premise food and beverage consumption establishment.
Retail merchandise that is displayed during business hours outside of the building housing the business.
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.
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.
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.
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."
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.
The land and all buildings and structures thereon.
A facility where lodging, board and health-related services are provided for persons recuperating from illness or incapacity.
An adult-care facility, for the purpose of providing temporary or long-term residential care, room, board, housekeeping, personal care and supervision to adults.
A facility, other than a hospital, where lodging, board and health-related services are provided for persons with or recuperating from illness or incapacity.
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.
The required open space extending along the rear lot line (not a street line) throughout the whole width of the lot.
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.
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.
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.
Not an institution required to be licensed under the Mental Hygiene Law of the State of New York.
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.
Any person, association, partnership or corporation operating and maintaining a scrap metal processing facility.
Where two or more uses merge parking needs in shared parking facilities based on different peak periods of demand.
A structure subordinate to the buildings on a lot and constructed on grade without a permanent foundation, used for purposes customarily incidental to the buildings and associated with cabanas, gazebos, pergolas, 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, without plumbing or electrical services, and which does not exceed 144 square feet and/or 12 feet in height. "Sheds" shall be considered accessory structures and shall not include trailers, mobile homes or like structures with or without wheels. "Sheds" larger than 144 square feet shall be considered Accessory Buildings.
The required open space extending along the side lot line from the front yard to the rear yard.
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.
A building designated for and occupied exclusively as a home or residence for not more than one family.
A development or building containing only one type of land use.
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.
The dividing line between the street and a lot.
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."
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.
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.
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.
A building whose main eaves are below the mid-height of the third story.
A building designed for and occupied exclusively as a home or residence for two families.
Any building having an area on the second floor of not less than 75% of the area on the first floor.
The average width measured at right angles to the direction of its average depth.
B.
Words used in the singular number shall include the plural and vice versa. The word "building" includes the word "structure"; the word "lot" includes the word "plot"; the word "shall" is always mandatory.