[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.
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 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.
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 in any district shall, at the expiration of three years
from such date, become a prohibited and unlawful use.
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 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.
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 shall, at the expiration of two years from such date,
be discontinued and removed.
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.
No lot area shall be so reduced that the dimensions
of any of the open spaces shall be smaller than herein prescribed.
In any district no public garage for more than
three motor vehicles and no gasoline vending station shall be erected
or altered and used within 200 feet of any premises used for a public
school, public library, church, hospital or orphanage.
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 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.
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.
Nothing in this chapter shall prevent the erection
above the height limit of a parapet wall or cornice extending above
such height limit not more than three feet.
Notwithstanding any provisions of this chapter,
no public parking place shall be conducted in any district, except
when owned or controlled by the municipality or its agents, unless
approved by the Board of Appeals.
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.