Town of Babylon, NY G Industrial District

In addition to a special exception use permit granted by the Zoning Board of Appeals, a yearly permit for the use must be obtained from the Town Clerk. An annual fee of $250 shall be charged for said permit. Applicants for said permit must furnish to the Town Clerk an application, in writing, and shall include the following:

(a)

The application shall supply the names, addresses and telephone numbers of two authorized officers or directors who will be responsible for and can be contacted during the period for which the permit is issued and who shall both sign said application.

(b)

The hours of operation shall be set forth, but in no event may operation of the bungee jumping amusement be permitted before 9:00 a.m. or later than 8:00 p.m.

(c)

A notarized letter of consent signed by the property owner acknowledging that the owner is aware of the proposed use of the property for bungee jumping purposes.

(d)

A certificate of public liability insurance of not less than $2,000,000 for bodily injury, naming the Town of Babylon as an additional insured. Said certificate of insurance shall be noncancelable without 10 days prior written notice to the Town Clerk.

(e)

A notarized letter certifying the bungee jumping apparatus to be safe, signed by a certified professional engineer.

(f)

A copy of the special exception permit issued by the Zoning Board of Appeals, together with proof of compliance with any conditions, restrictions or safeguards imposed by the Zoning Board of Appeals and/or the State of New York.

Upon the due filing of the application and information as required in § 213-166C(1) above, the Town Clerk may, upon his approval of said application, grant said permit for a period not to exceed one year, with the permit's expiration to coincide with the approval granted by the Zoning Board of Appeals.

(Reserved)[1]

Editor's Note: Former Subsection D, regarding asphalt manufacturing plants, as added 5-21-2001 by L.L. No. 6-2001, was repealed 6-21-2005 by L.L. No. 15-2005.

Self-storage facilities.

[Added 3-12-2002 by L.L. No. 3-2002]

Definition. Self-storage facilities shall be defined as a building divided into two or more individual spaces, which may be rented to one or more tenants, for the storage of materials and equipment of the tenant. This shall include, but not be limited to, buildings known as "mini-storage," "public storage," and the like. This shall not apply to the storage spaces of shopping centers, apartment houses, and similar buildings when such spaces are used to store materials and equipment incidental to the tenant's primary occupancy.

Applicability. The criteria set forth is this section shall apply to applications received after September 24, 2001.

Self-storage facilities shall be permitted when authorized by special permit from the Planning Board subject to the following criteria:

(a)

Minimum lot size of one acre;

(b)

Buildings and structures shall not exceed two stories in height except for gables, hip or gambrel roofs 25 feet in height or less;

(c)

Exterior signage and building siding material shall be of flat finishes only; bright, vivid and/or reflective colors shall not be permitted;

(d)

Storage unit doors shall be screened from visibility from adjoining residentially zoned or residentially developed properties and from public streets, to the maximum extent practicable;

(e)

Walls exceeding one story in height which are visible from off site shall be architecturally enhanced with pilasters, corbelled cornices, or similar ornamentation;

(f)

Decorative walls or fencing shall be provided along all setback lines; decorative opaque walls and/or fencing shall be provided along all site property lines which are contiguous with residentially developed and/or zoned properties; other types of fencing may be permitted elsewhere on site subject to Planning Board review and approval;

(g)

Street frontages shall be fully landscaped and/or shall remain natural with enhancing landscaping and/or revegetation;

(h)

An evergreen buffer at least 20 feet wide consisting of at least two species of evergreens, which may include natural vegetation, shall be provided along all site boundary lines contiguous with residentially developed and/or residentially zoned properties;

(i)

Exterior lighting, including security lighting, shall be specifically designed to avoid direct and/or reflective spillage onto neighboring residentially developed or zoned properties and shall be directed to the site interior;

(j)

Parking requirements specific to this use as follows:

One parking space shall be provided for every 2,000 square feet of storage building;

[2]

Parking stalls and loading areas adjacent to a storage building may encroach on an interior roadway 30 feet or wider (exclusive of required parking stalls for office(s) or living quarters);

[3]

Parking stalls shall not be permitted in required front yards;

(k)

No outdoor storage shall be permitted;

(l)

Dead storage only shall be permitted;

(m)

Landscaping shall be provided adjacent to all public streets;

(n)

There shall be no outside storage nor overnight parking of vehicles except to accommodate the manager's residence;

(o)

Property shall not be used in any way that would be considered a nuisance to, or that may harm other occupants;

(p)

The following items are prohibited:

Tires;

[2]

Gasoline or any other flammable or combustible items;

Chemicals;

Paints;

Rags;

Piled clothing;

Food capable of spoilage or attracting rodents;

[8]

Any item which produces toxins, gases or odors;

[9]

Animals;

[10]

Dangerous materials;

(q)

There shall be no business conducted from any storage unit;

(r)

There shall be no residing, cooking, sleeping or consumption of alcoholic beverages in any storage unit.

The use of G Zone property as retail use shall be allowed as a special exception by the Zoning Board of Appeals, subject to such conditions, restrictions and safeguards as may be imposed by the Zoning Board of Appeals.

[Added 6-18-2002 by L.L. No. 13-2002]

The use of G Zone property as a car wash shall be allowed as a special exception by the Zoning Board of Appeals subject to such conditions, restrictions and safeguards as may be imposed by the Zoning Board of Appeals.

[Added 3-6-2007 by L.L. No. 2-2007]

[2]The use of G Zone property as a puppy store shall be allowed as a special exception by the Zoning Board of Appeals, subject to § 213-145.

[Added 11-17-2011 by L.L. No. 21-2011[3]]

[2]

Editor’s Note: Former Subsection H, regarding the use of G Zone property as a scrap metal facility, added 11-17-2011 by L.L. No. 25-2011, was repealed 8-9-2017 by L.L. No. 7-2017. This local law also redesignated former Subsection I as Subsection H.

[3]

Editor’s Note: This ordinance contained a scrivener’s error, which was corrected by a resolution adopted 2-21-2012.

The use of G Zone property as a hookah lounge, vape lounge, smoke shop, vape shop, or institutional dispenser of medical marihuana shall be allowed as a special exception by the Zoning Board of Appeals subject to such conditions, restrictions and safeguards as may be imposed by the Zoning Board of Appeals.

[Added 4-25-2018 by L.L. No. 9-2018; amended 2-27-2019 by L.L. No. 3-2019]

The use of G Zone Property for microbusiness, on-site consumption site, or retail dispensary for the sale of cannabis, cannabinoid, cannabinoid hemp, medical cannabis, hemp, hemp extract or cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids or other substances of any type as defined in § 213-129.3 of this Code shall be allowed as a special exception by the Zoning Board of Appeals subject to such conditions, restrictions and safeguards as may be imposed by the Zoning Board of Appeals.

[Added 10-12-2022 by L.L. No. 18-2022]

The use of G Zone Property for businesses holding the following licenses pursuant and as defined by the New York State Marijuana Regulation and Tax Act §§ 68, 68-a, 68-b, 69, 70, 71, 74, and 75 shall be allowed as a special exception by the Zoning Board of Appeals subject to such conditions, restrictions and safeguards as may be imposed by the Zoning Board of Appeals.

[Added 10-12-2022 by L.L. No. 18-2022]

Stone-cutting operations.

[Added 12-21-2022 by L.L. No. 1-2023]

Definition. "Stone cutting" shall be defined as the cutting of any natural stone or composite material, including, but not limited to, marble, granite, siltstone or plastics.

The use of G Zone property for stone cutting shall be permitted when authorized by special use permit issued by the Zoning Board of Appeals subject to the following conditions and any additional conditions imposed by the Zoning Board of Appeals:

(a)

All wastewater from the stone-cutting machinery shall be adequately captured, contained and recycled, as set forth in an engineering plan.

(b)

All wastewater in the work area shall be captured within suitable trenches so as not to create standing water in the work area, as set forth in an interior drainage plan.

(c)

There shall be no discharge of wastewater into the exterior stormwater drainage system.

(d)

There shall be an engineered air filtration/duct system to capture all dust emissions from the stone-cutting machinery. No dust shall be discharged outside the building or structure in which the stone-cutting operation is located.

(e)

The stone-cutting operation shall comply with all applicable federal, state and local regulations including those of the Occupational Safety and Health Administration, the New York State Department of Environmental Conservation, and the Suffolk County Department of Health Service.

Applicability. The criteria set forth in this section shall apply to any new development and to the addition of a new-stone cutting operation to any existing development.

§ 213-166.1 Restriction on location of hookah lounges, vape lounges, smoke shops and vape shops.

[Added 4-25-2018 by L.L. No. 9-2018; amended 2-27-2019 by L.L. No. 3-2019]

Hookah lounges, vape lounges, smoke shops, and/or vape shops as defined in § 213-129.2A are to be restricted as to location in the following manner in addition to any other requirements of this Code:

Hookah lounge, vape lounge, smoke shop, or vape shop uses shall be permitted only in industrial zoned districts and subject to the regulations set forth in this article.

The lot line of any property whereupon exists a hookah lounge, vape lounge, smoke shop, or vape shop shall not be located within a 1,000-foot radius of the lot line of any lot zoned for or used as residential use. For purposes of this subsection, cemetery property shall be deemed not zoned residential.

The lot line of any property whereupon exists any of the above uses shall not be located within a 1,000-foot radius of the lot line of another such legal hookah lounge and vape lounge use.

The lot line of any property whereupon exists any of the above uses shall not be located within a 2,000-foot radius of any school, library, church or other place of religious worship, park, playground or playing field.

§ 213-166.2 Restriction on location of institutional dispenser of medical marihuana.

[Added 2-27-2019 by L.L. No. 3-2019]

Institutional dispensers of medical marihuana as defined in § 213-129.2A are to be restricted as to location in the following manner in addition to any other requirements of this Code:

The lot line of any property whereupon exists an institutional dispenser of medical marihuana shall not be located within a 500-foot radius of the lot line of any lot zoned for or used as residential use. For purposes of this subsection, cemetery property shall be deemed not zoned residential.

The lot line of any property whereupon exists an institutional dispenser of medical marihuana use shall not be located within a 1,000-foot radius of the lot line of another such institutional dispenser of medical marihuana use.

The lot line of any property whereupon exists any of the above uses shall not be located within a 500-foot radius of any school, library, church or other place of religious worship, park, playground or playing field.

Such location requirements on institutional dispensers of medical marihuana are applicable in the E Business Zone and Industrial Zoning Districts.

§ 213-166.3 Restriction on location of cannabis establishments.

[Added 10-12-2022 by L.L. No. 18-2022]

All microbusiness, on-site consumption site, or retail dispensary for the sale of cannabis, cannabinoid, cannabinoid hemp, medical cannabis, hemp, hemp extract or cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids or other substances of any type as defined in § 213-129.3 of this Code are to be restricted as to location in the following manner in addition to any other requirements of this Code:

All microbusiness, on-site consumption site or retail dispensary uses shall be permitted only in industrial zoned districts and subject to the regulations set forth in this article.

The lot line of any property whereupon exists a microbusiness, on-site consumption site, or retail dispensary shall not be located within a 1,000-foot radius of a residential area.

The lot line of any property whereupon exists a microbusiness, on-site consumption site, or retail dispensary shall not be located within a 200-foot radius of all religious properties.

The lot line of any property whereupon exists a microbusiness, on-site consumption site, or retail dispensary shall not be located within a 500-foot radius of all education facilities meaning K-12 pursuant to the New York State Education Law and libraries.

The lot line of any property whereupon exists a microbusiness, on-site consumption site or retail dispensary shall not be located within a 500-foot radius of parks and playgrounds.

The lot line of any property whereupon exists a microbusiness, on-site consumption site, or retail dispensary shall not be located within a 500-foot radius of child-care centers and youth organizations.

The lot line of any property whereupon exists a microbusiness, on-site consumption site, or retail dispensary shall not be located within a 500-foot radius of any dance studios, batting cages, and gymnasiums or similar venues where minors congregate.

The lot line of any property whereupon exists a microbusiness, on-site consumption site, or retail dispensary shall not be located within a 500-foot radius of the lot line of another such microbusiness, on-site consumption site or retail dispensary.

For the purpose of calculating the distances mentioned above, measurement shall be from the lot line of the premises to the lot line of the other premises. Further, for the purposes of this section only parcels and uses within the geographical border of the Town of Babylon, County of Suffolk, State of New York shall be considered.

[Amended 10-20-2023 by L.L. No. 20-2023]

§ 213-166.4 Site plan.

[Added 10-12-2022 by L.L. No. 18-2022; amended 10-20-2023 by L.L. No. 20-2023]

The Planning Commissioner has the discretion to require a site plan review for establishments engaging in retail cannabis activities within the jurisdiction of the Town of Babylon.

In determining whether a site plan review is necessary, the Planning Department shall consider the following factors, which may favor the need for conducting such review:

Conversion from nonretail use: If a building or unit is being converted for retail cannabis sales and does not currently possess a certificate of occupancy (CO) allowing for retail sales.

Parking variance requirement: If the change of use to retail cannabis necessitates a parking variance on the site.

Excess delivery vehicle storage: If the retail cannabis use includes the outside storage of delivery vehicles exceeding two such vehicles.

(4)

Handicapped accessibility upgrades: If upgrades to the site are required to ensure compliance with handicapped accessibility regulations.

(5)

Nonconformance with approved site plans: If existing site plan elements do not conform to an approved site plan on file with the Town of Babylon or fail to adhere to current Planning Department specifications.

Site plan review process.

If any of the factors outlined in Subsection B apply to a proposed retail cannabis establishment, the Planning Commissioner may require the submission of a site plan for review.

The Planning Department shall assess the proposed site plan, taking into account the factors mentioned in Subsection B, to determine the necessity and scope of the site plan review.

The applicant shall comply with the site plan review process as required by the Planning Department, which may include the submission of necessary documentation, plans, and fees.

From time to time the Commissioner of Planning and Development may promulgate style guidelines for such permitted uses, and should be styles appropriate for such use and in conformity with previously and similarly approved permits.

§ 213-166.5 Enforcement.

[Amended 10-20-2023 by L.L. No. 20-2023]

Leasing commercial premises to unlicensed cannabis sellers.

Definitions. For the purposes of this section the following terms have the following meanings:

The terms "cannabis," "cannabis product," "distributor," and "retailer" have the same meanings as set forth in § 3 of the Cannabis Law.

Unlicensed cannabis seller. The term "unlicensed cannabis seller" means a retailer, distributor, or other seller of cannabis or cannabis products operating without a license pursuant to Article 4 of the Cannabis Law.

Offenses.

No person shall knowingly lease commercial premises to an unlicensed cannabis seller who uses or intends to use such commercial premises to distribute, sell, or offer to sell cannabis or cannabis products. It shall be an affirmative defense to a violation of this subsection that the owner of the commercial premises has commenced a proceeding to evict such unlicensed cannabis seller.

No owner or lessee or person having possession and control of a premises or any part thereof shall cause or permit any violation of § 213-166.3 and § 213-166.4 to exist or fail to comply with the requirements of those sections, and any architect, attorney, builder, contractor, agent, person, firm or corporation which shall have caused or permitted or assisted in the commission of any violation of this Code or fails to comply with any provision or requirement of this Code shall each be guilty of a separate and individual offense and, upon conviction thereof or upon a determination of liability by the Bureau of Administrative Adjudication, shall be punished as herein provided.

If it is found that an unlicensed cannabis seller is distributing, selling, or offering to sell cannabis or cannabis products in commercial premises, the owner of said premises shall be liable for the civil penalties set forth in Subsection D of this section. If it is found that a cannabis seller is distributing, selling, or offering to sell cannabis or cannabis products in commercial premises, in violation of § 213-166.3 and § 213-166.4, the owner, lessee or person having possession and control shall be liable for the civil penalties set forth in Subsection D of this section. Any architect, attorney, builder, contractor, agent, person, firm or corporation which shall have caused or permitted or assisted in the commission of any violation of this Code shall be liable for the civil penalties set forth in Subsection D of this section.

Any person who violates Subsection B(1) or (2) of this section shall be liable for a civil penalty of $1,000 for the first violation and $2,000 for each subsequent violation.

§ 213-167 Building heights.

[Amended 11-18-1975; 5-15-1990]

In a G Industrial District, no building or structure hereafter erected or altered shall exceed 35 feet in height.

§ 213-168 Lot area; street frontage.

In a G Industrial District, no building shall be erected or altered on a lot having an area of less than 15,000 square feet or upon a lot having a street frontage of less than 50 feet.

§ 213-169 Front yards.

In a G Industrial District, except in the case of double front lots, the required front yard depth shall be 10 feet measured from the front property line (after widening, if any, of the abutting street) to the front of the building, and it shall be suitably shrubbed, landscaped and neatly maintained, and there shall be no parking permitted in said front yard. In the case of double front lots, one front yard shall have a required depth of 10 feet and the other front yard shall have a depth of at least 10 feet, measured in both instances from the front property line (after widening, if any, of the abutting street) to the front of the building, and the entire area of both front yards lying within 10 feet of the property lines shall be suitably shrubbed, landscaped and neatly maintained, and there shall be no parking permitted in the front yards within 10 feet of the front property lines.

If the street frontage on the same side of the street within 150 feet of the foundation line of the proposed building and the foundation line of an existing building or of a building for which a building permit has already been issued and upon which construction has already physically progressed to the stage of a complete footing and foundation, then and in such case the front yard shall be increased to 20 feet in depth and the rear yard may be eliminated.

In a case where a new street line with respect to a lot has been created by the acceptance by the Town or the County of Suffolk of the dedication of an area designed for public off-street parking, the required depth of front yard along such new street line shall be not less than 10 feet; provided, however, that such dedicated area shall be not less than 50 feet in depth for a distance of at least 80% of the width of that lot.

In the case of facade or facade-related improvements in Town Board designated commercial facade improvement areas, there shall be no minimum front yard setback requirement.

[Added 5-15-1984]

§ 213-170 Double front lots.

In a G Industrial District, the required front yard for double front lots shall be provided for on both streets.

§ 213-171 Corner lots.

In a G Industrial District, a corner lot shall have a front yard on each street as is provided for in § 213-169. There need be no rear yard on such corner plot, but there shall be one side bard opposite the second front yard.

§ 213-172 Side yards.

There shall be at least one side yard having a minimum width of 19 feet, and the same may be used for driveway purposes, except that the portion thereof which may be paved between the front of the building and the front property line shall not be included in the computation of the required off-street parking area. When the said side yard or portion is used for driveway purposes, there shall be erected along the edge of said driveway and bordering the landscaped portion of the front yard from the front of the building to the street curbline an unbroken curb of dimensions and design approved by the Babylon Town Planning Board.

§ 213-173 Rear yards.

In a G Industrial District, there shall be a rear yard having a minimum depth of 10 feet, except as otherwise provided herein. The rear yard may be used for the purpose of off-street parking and loading space up to and within three feet of all side and rear property lines.

Notwithstanding the foregoing, in the case of a lot held in single and separate ownership on September 3, 1957, which had a depth of not more than 120 feet, the rear yard may be reduced to 10 feet.

§ 213-174 Building area. [1]

Notwithstanding any other provisions or ordinances, the total building area and outside storage area, when combined, shall not exceed 40% of the total lot area. All drainage, paving, landscaping and seeding shall be as required by the Planning Board.