[Added 10-4-2006 by L.L. No. 37-2006]
The Town of Babylon seeks to maintain the character
of communities which contain properties that are larger than those
required in an A Residence District and also seeks to prevent the
subdivision of lots in these communities into substandard lots.
In an AA Residence District, no building or
premises shall be used and no building shall be hereafter erected
or altered, unless otherwise provided for in this chapter, except
for one or more of the following uses:
A.
One-family dwellings.
B.
Churches, places of worship and parish houses.
C.
Public parks, playgrounds and recreational areas,
when authorized or operated by a governmental authority.
D.
Colleges or universities; provided, however, and as
a continuing condition of such use, that:
(1)
The lot area therefor shall be not less than
75 acres and that the plot or premises shall have at least 400 feet
of continuous frontage upon a public road, street or highway with
only one means of vehicular ingress and egress thereto from said premises.
(2)
Buildings of all types, a stadium and structures
accessory thereto shall not exceed 10% of the total lot area; provided,
however, that grandstands which are not part of a stadium shall not
be included within such building area limitations.
(3)
In addition to such off-street parking areas
as are required in any residential use district, off-street parking
areas shall be provided in the ratio of one parking space for every
two students of the total student capacity thereof, and no parking
area shall be within 150 feet of any property or lot line.
(4)
No structures or buildings shall be erected
within 150 feet of any property or lot line.
(5)
No structure or building shall be erected thereon
in excess of three stories or 50 feet in height.
E.
A regularly organized elementary or high school approved
by the Board of Regents of the State of New York.
F.
Customary agricultural occupations; provided, however,
that no storage of manure or odor- or dust-producing substances shall
be permitted within 100 feet of any side or rear lot line or within
150 feet of any street line.
G.
Office of a physician, lawyer, architect, musician,
teacher or similar professional person residing on the premises and
when such use is incidental to such residence; provided, however,
that such use shall be within the main dwelling and occupying not
more than 1/3 of the first-floor area.
H.
Golf courses and country clubs, when occupying not
less than 50 acres, not including, however, clubs whose activities
include the maintenance, storage or takeoff and landing of aircraft.
I.
Accessory buildings and structures, including a private
detached garage when located not less than 60 feet from the front
lot line or a private garage within, attached to or made an integral
part of the main dwelling which shall have a front yard of 40 feet.
J.
Other customary accessory uses and buildings, provided
that such uses are incidental to the principal use, but such uses
shall not include any activity conducted as a business.
K.
Subject to the provisions of §§ 86-8B, 86-10B and 86-11, not more than one boat for every 35 feet of water frontage, up to three boats, or as determined by the Planning Board in a subdivision map at the time of plat approval, shall be docked at or placed upon such real property where such real property is not improved by any buildings or structures used as a residence or where the owner of the real property does not use the premises as his/her principal residence.
L.
All existing single-family residence owners applying
for accessory buildings, accessory structures and building permits
to expand the existing single-family residence shall be grandfathered
and the applications considered using the provisions applicable to
the A Residence District.
Anything in this chapter to the contrary notwithstanding,
in an AA Residence District, no building or premises shall be used
and no building shall be erected or altered for any of the following
uses:
A.
Rooming house.
B.
Boardinghouse.
C.
Rest home.
D.
Private proprietary nursing home.
E.
Private proprietary convalescent home.
F.
Private proprietary home for adults.
G.
Wrestling rings, boxing rings or similar type structures.
H.
Parking and/or storing of commercial vehicles for
a period of longer than one hour and exclusive of local delivery.
I.
Any use substantially similar to any of the foregoing
prohibited uses by whatever name called.
J.
Any business use not permitted in § 213-61, nor shall any building or premises be advertised, used, held out or offered as an address, location or place of business, nor shall any sign, poster, flyer, business card or similar item list the building or premises as an address, location or place for a business; however, nothing herein shall prohibit the use of one room in a residential structure, not more than 150 square feet in size, from being used as a private office, nor the use of a residence from conducting an Internet business or business conducted solely by telephone; however, no merchandise or items offered for wholesale or retail sale by said business shall be delivered to or shipped from any residence, nor shall any residence be used for business meetings, nor shall any person or persons, other than the owner of the premises, be permitted to conduct business on said premises or visit said premises for business purposes, nor shall any merchandise or wholesale or retail items be stored or sold on or from residential premises. Nothing herein shall prohibit any professional business from being conducted on residential premises as permitted by any other provision herein.
[Amended 10-20-2011 by L.L. No. 19-2011]
[Amended 1-14-2013 by L.L. No. 4-2013]
In an AA Residence District, no building or structure hereafter erected or altered shall exceed 30 feet or 2 1/2 stories. The maximum height allowance of 30 feet for existing habitable buildings or structures hereafter altered to increase the height of said building or structure located within the base flood or one-hundred-year flood zone may be increased in order to meet the enhanced height requirements in accordance with Chapter 125 of this Code and FEMA regulations. Said height allowance shall not exceed the enhanced height requirements above grade as defined in Chapter 125 of this Code.
A.
In an AA Residence District, no building shall be
erected on a lot having an area of less than 20,000 square feet and
a width of less than 125 feet at the front street line. No flag lot
shall be permitted. However, a single-family dwelling may be built
upon a lot held in single and separate ownership on July 25, 1954,
having an area of less than 20,000 square feet and a width of less
than 100 feet at the front street line; and provided, further, that
in such case the width of a lot shall not be less than 70 feet and
the area not less than 7,000 square feet.
B.
FLAG LOT
For the purposes of this section only, the following
terms shall have the meanings indicated:
An interior parcel of land shaped like a flag; the staff
of which is a narrow strip of land providing vehicular and pedestrian
access to a street, with the bulk of the property lying to the rear
of the other lot.
A.
In an AA Residence District, no building hereafter
erected or altered shall have a depth of front yard less than 50 feet.
If, on the same side of the street, 40% or more of the total street
line distance between the two nearest intersecting street lines shall
have been improved with two or more buildings, or, in the event that
building permits shall have been issued therefor, not less than the
average depth of front yard as so established by such existing or
permitted buildings, shall be maintained; provided, however, that
any such front yard depth shall not be required to be more than 70
feet.
B.
In an AA Residence District, no part of any required
front yard, other than a driveway or garage, shall be used for the
parking or storage of motor vehicles and/or a marine craft.
C.
In an AA Residence District, a maximum of 30% of the
required front yard shall be used as a driveway or for off-street
parking.
D.
In an AA Residence District, the front yard shall
have a maximum of one curb cut, with the exception of circular driveways.
In an AA Residence District, a corner lot shall have a front yard along each street as is provided in § 213-65. However, a single-family dwelling may be built upon a lot held in single and separate ownership on July 25, 1954, having an area of less than 20,000 square feet and a width of less than 100 feet at the front street line; and provided, further, that in such case the width of a lot shall not be less than 70 feet and the area not less than 7,000 square feet.
In an AA Residence District, the required front
yard for double front lots shall be provided on both streets.
A.
In an AA Residence District, there shall be two side
yards, one on each side of the building, except in the case of a corner
lot where there shall be two front yards, one side yard and one rear
yard which shall be opposite the principal front yard. The total of
the widths of both side yards shall be not less than 50 feet, and
no side yard shall be less than 25 feet wide; provided, however, that
in the case of a lot held in single and separate ownership at the
effective date of this amendment of this chapter, viz., July 25, 1954,
and having a width of not less than 100 feet at the front street line,
a single-family dwelling may be built thereon, provided that the width
of the required side yards may be reduced to a total of 28 feet and
the least side to not less than 10 feet minimum.
[Amended 3-6-2007 by L.L. No. 4-2007]
B.
In an AA Residence District, no part of any required
side yard, other than a driveway or garage, shall be used for the
parking or storage of motor vehicles, other than a marine craft or
house coach.
A.
In an AA Residence District, there shall be a rear
yard having a minimum depth of 50 feet; provided, however, that in
the case of a lot held in single and separate ownership on July 25,
1954, and having a depth of lot of less than 125 feet but not less
than 100 feet, a single-family dwelling may be erected or altered
thereon, provided that the rear yard in such case shall be not less
than 25 feet.
B.
In an AA Residence District, no part of any required
rear yard, other than a driveway or garage, shall be used for the
parking or storage of motor vehicles, other than a marine craft or
house coach.
In an AA Residence District, the total building
area shall not exceed 15% of the lot area.
In an AA Residence District, one accessory building
shall be permitted; provided, however, that:
A.
The square footage of an accessory building shall
not exceed 500 square feet.
B.
The yard area occupied by an accessory building and
accessory structures shall be included in computing the percentage
of lot area permitted to be built upon.
C.
An accessory building located on the lot shall not
exceed 14 feet in height measured from grade to ridge.
D.
Any accessory building shall be located on the same
lot with the principal building.
E.
No accessory building shall be constructed upon a
lot until the construction of the main building has been actually
commenced.
F.
No accessory building shall be used unless the main
building on a lot has been completed and is in use.
G.
No accessory building shall be built within 10 feet
of any side or rear lot lines or nearer than 50 feet to any street
line.
H.
The height of the garage door shall not exceed seven
feet.
I.
No interior plumbing fixtures shall be permitted in
an accessory building; an exterior hose bib with vacuum breaker shall
be permitted.
J.
No habitable or occupied space shall be permitted
in an accessory building.
K.
The exterior of accessory buildings shall be constructed
of material(s) having the same or similar appearance to the main building
or shall be constructed of material(s) complementary to the main building.
In an AA Residence District, two accessory structures
shall be permitted; provided, however, that:
A.
No shed shall exceed 100 square feet in area and/or
10 feet in height measured from grade to ridge. There shall be a maximum
of two sheds per lot.
B.
The yard area occupied by accessory structures and
an accessory building shall be included in computing the percentage
of lot area to be built upon.
C.
Any and all accessory structures shall be located
on the same lot with the building they are incidental to.
D.
No accessory structure shall be constructed upon a
lot until the construction of the building has actually commenced.
E.
No accessory structure shall be used unless the building
on the lot has been completed and is in use.
F.
No accessory structure shall be built within two feet
of any side or rear lot lines or nearer than 50 feet to any street
line.
G.
No accessory structure shall exceed 10 feet in height
measured from grade to ridge, have a roof, nor rest more than 18 inches
above the ground if it shall have a floor or deck, said limitation
being measured from the lowest point of the ground thereunder.
H.
Sheds which comply with the provisions of this section
shall not require a building permit. Sheds permitted by a variance
granted by the Zoning Board of Appeals or modifications granted by
the Planning Board, pursuant to this chapter, shall require a building
permit.
I.
Decks having a height of 18 inches or less which comply
with the provisions of this section shall not require a building permit.
Decks permitted by a variance granted by the Zoning Board of Appeals
or modifications granted by the Planning Board, pursuant to this chapter,
shall require a building permit.
J.
The permitted encroachment shall not exceed six inches
for the roof overhang.
K.
No habitable or occupied space shall be permitted
in an accessory structure.
A.
In an AA Residence District, the following fences,
as defined in this chapter, shall be permitted:
(1)
On the rear lot line and side lot lines, enclosing
the rear and side yards, fencing may be erected not exceeding six
feet in height, provided that it shall not exist in the front yard,
that being beyond the front building line of the principal structure,
on either side.
(2)
In the front yard, beyond the front building
line of the principal structure, fencing may be erected not exceeding
four feet in height.
(3)
On a corner lot, within the triangular area
bounded by the lot lines connecting at the street corner of the lot
and a point 20 feet from that intersection on each of said connecting
lot lines, solid fencing, which might tend to cause a vision obstruction,
may be erected not exceeding three feet in height.
(4)
Within 10 feet of the edge of either side of
the ingress and/or egress of a driveway, solid fencing, which might
tend to cause a vision obstruction, may be erected not exceeding three
feet in height.
(5)
In all fence installations the good side shall
face out.
(6)
All fences and screening must be maintained in good repair and free of loose, broken and/or missing boards, pieces and/or sections. The failure to maintain a fence in compliance with this subsection shall constitute a violation punishable as set forth within § 1-15.
[Added 4-25-2018 by L.L.
No. 13-2018]
C.
The provisions of this section shall also apply to
hedges and/or densely growing shrubbery.
D.
FRONT BUILDING LINE
FRONT YARD
For the purposes of this section only, the following
terms shall have the meanings indicated:
Refers only to the principal structure, and shall not include
patios, porches, stoops, enclosed vestibules protruding from the front
of the principal structure and any other non-living-space extensions
to the principal structure.
Refers to the yard which faces the street that is used as
the postal or mailing address of the subject property when said property
has frontage on two or more streets.
E.
Fencing which complies with the provisions of this
section shall not require a building permit. Fencing permitted by
a variance granted by the Zoning Board of Appeals or modifications
granted by the Planning Board, pursuant to this chapter, shall require
a building permit.
A.
In an AA Residence District, the following encroachments
upon required yard areas are permitted:
(1)
Cornices, eaves, gutters, chimneys or bay windows
and overhangs projecting not more than 24 inches.
(2)
One-story open porches, stoops, or terraces
not exceeding three feet in height, projecting not more than six feet
wide or five feet deep into a front or rear yard.
[Amended 11-9-2023 by L.L. No. 21-2023]
(3)
One-story enclosed vestibules not greater than
six feet wide and five feet deep into the front yard.
(4)
One-story, covered porches, stoops, or terraces, not exceeding three
feet in height, exclusive of covering, projecting not more than six
feet wide or five feet deep into a front or rear yard.
[Added 11-9-2023 by L.L. No. 21-2023]
B.
In any case where the Board of Appeals has diminished
a required yard by a variance, none of the foregoing encroachments
shall be permitted into such diminished yard.
C.
COVERED PORCH, STOOP, OR TERRACE
PORCH, STOOP, OR TERRACE
STOOP
For the purposes of this section only, the following
terms shall have the meanings indicated:
Any porch, stoop, or terrace with a one-story covering, such
as a portico, portico with columns, awning, roof over, or the like,
with open sides that are not enclosed with walls or screening.
[Added 11-9-2023 by L.L. No. 21-2023]
A platform, with or without stairs, leading to the entrance
of a dwelling.
[Added 11-9-2023 by L.L. No. 21-2023]
A platform or staircase leading to the entrance of a dwelling.
A.
In case of a one-and-one-half-story (expansion attic
area) dwelling, no such dwelling shall be hereafter erected unless
the ground floor area contains not less than 1,400 square feet, exclusive
of garage, car park, carport, open porches or terraces or any other
unheated extensions outside the body of the house; provided, however,
that a maximum of 200 square feet of expansion attic area, as hereinafter
described, may be used and applied to the area requirements of the
ground floor, diminishing said ground floor area to not less than
1,200 square feet.
B.
In case of a one-story dwelling not capable of qualifying
for expansion attic area, as hereinafter described, no such dwelling
shall be hereafter erected unless the ground floor area contains not
less than 1,500 square feet, exclusive of garage, car park, carport,
open porches or terraces or any other unheated extensions outside
the body of the house.
C.
To qualify as expansion attic area, such area shall
have or be capable of having a finished ceiling height of not less
than seven feet and a finished ceiling width of not less than four
feet between opposing rafters. Such area shall further have knee walls
of not less than four feet in height, with subflooring laid within
the area to be computed and shall have access provided from the floor
below by a permanent built-in stairway. The expansion attic area shall
not be required to be finished except as provided herein.
D.
In case of a split-level dwelling, any two finished,
decorated and heated levels may be combined to qualify for minimum
ground floor area requirements; provided, however, that all remaining
levels are finished, decorated and heated and are of sufficient square
footage to, when combined with the ground floor area, total not less
than 1,400 square feet.
E.
In case of a two-story dwelling, the ground floor
area shall contain not less than 750 square feet, exclusive of garage,
car park, carport, open porches or terraced or any other unheated
extensions outside the body of the house; provided, however, that
the second story area shall contain not less than 75% of the ground
floor area, with an unobstructed ceiling height of not less than eight
feet and access provided from the floor below by a permanent, built-in
stairway. The second story area shall be finished, decorated and heated
for the purpose of qualifying under this section.
F.
For the purpose of this section, "ground floor area"
is defined as the area contained within the exterior dimensions of
the ground floor.
