[Added 11-8-2006 by Res. No. 9]
A.Â
It is hereby declared to be the policy of the Town
of Babylon to provide a protective zoning classification for a park-like
development of industry that is based on the performance of an industry
as well as on the type of industry.
B.Â
It is the purpose of this article and the regulations
contained herein to provide a favorable operating environment for
industry and to further provide for the protection and safeguard of
such industry from the encroachment of uses which are incompatible
and adverse to the operation and expansion of such industry.
C.Â
In addition, this article is designed to minimize
the impact of industries on surrounding nonindustrial land uses, to
minimize traffic flow problems and, in general, to help to promote
the health, safety, comfort and welfare of the present and future
workers of the district and residents and workers of the surrounding
neighborhood.
A.Â
ACCESSORY BUILDING
BUILDING AREA
CORNER LOT
DATE OF ADOPTION
DEPTH OF A LOT
DOUBLE FRONT LOT
DWELLING
EFFECTIVE DATE
FENCE
FRONT YARD
FRONT BUILDING LINE
GROUND STORY or FIRST STORY
HEIGHT OF A BUILDING
LOT AREA
MINOR GARAGE
OFF-STREET PARKING AREA
PARKING SPACE
PREMISES
PUBLIC GARAGE
REAR YARD
SIDE YARD
SIGN
STREET LINE or FRONT PROPERTY LINE
STRUCTURE
TENANT
WIDTH OF A LOT
Unless otherwise stated expressly, the following words
and expressions, where used in this article, shall have meanings as
follows:
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
The area of the maximum horizontal cross section of the building
on a lot.
A lot having a street line along two streets forming an angular
or curved corner.
The date that the Zoning Ordinance is formally adopted by
resolution of the Town Board and entered in its minutes.
The average of the distance from the street line of the lot
to its opposite rear line, measured in the general direction of the
sidelines of the lot.
A lot having a street line at both ends of the lot.
A building designated for and occupied exclusively as a home
or residence for one or more families.
The tenth day after said article is published 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.
Vertically inserted redwood-slatted chain link or a fence
fabric approvable by the Planning Board of a specifically designated
height to be established by the Planning Board.
The required open space extending along the street line of
any street on which the lot abuts.
The line across the entire frontage of the lot at the required
front setback distance. Also any part of a building facing the front
street line shall be considered the front of the building.
The lowest story of a building entirely above the level of
the ground in front of a building.
The distance measured from the mean average grade of the
ground surrounding the building to a point midway between the highest
and lowest points of the roof, provided that chimneys, spires, towers,
elevator penthouses, tanks and similar projections shall not be included
for the purpose of determining the height.
The area of a lot on which a building and its accessories
may be located as permitted by the Town Board, exclusive of land in
the bed of any street.
A building, not a private garage, used for the storage only
of noncommercial vehicles, and a building, not a private garage, used
for the storage of commercial vehicles only for a purpose accessory
to the permitted use of the lot.
The area of a lot or a building used or designed 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.
The space required for each motor vehicle intended or required
to be parked in an off-street parking area.
The land and all buildings and structures thereon.
A building, other than a private or a minor garage, used
for the housing, storage or repair of trucks, trailers and automobiles,
whether or not accessory or incidental to another use.
The required open space extending along the rear lot line
(not a street line) throughout the whole width of the lot.
The required open space extending along the side lot line
from the front yard to the rear yard.
Includes 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.
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 fences over four
feet in height and signs; the word "structure" shall be construed
as though followed by the words "or part thereof."
One who holds property by lease or rent.
The average width measured at right angles to the direction
of its average depth.
B.Â
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" and the word "shall" is always
mandatory. All other words or phrases not expressly defined herein
shall take on the definition included in Black's Law Dictionary.
A.Â
No building, structure or land shall be used and no building or structure shall hereafter be erected, structurally altered, enlarged or maintained, except for one or more of the following uses. All of the following operations and activities shall be carried on within fully enclosed structures, and there shall be no outdoor storage of materials, equipment or vehicles, other than as expressly stated in § 213-328 of this article, entitled "Outside storage and display; vehicle storage."
[Amended 11-17-2011 byL.L. No. 21-2011]
(1)Â
Light industrial use: light industrial establishments in which the principal activity shall be the manufacture, intermediate processing or assembly of goods or similar operations which conform to the performance standards contained in § 213-341 of this article.
(2)Â
Research and development design laboratories.
(3)Â
Warehousing and distribution use: warehousing and
distribution plants, but not including coal, petroleum or petroleum
products.
(4)Â
Office building use.
(5)Â
Banks.
(6)Â
Broadcasting station.
(7)Â
The following use when allowed as a special exception by the
Board of Appeals, subject to conditions, restrictions and safeguards
as may be imposed by the Board of Appeals:
[Added 12-15-2014 by L.L. No. 16-2014]
(a)Â
Gymnastics center. Provided however, that the lot line for any gymnastics
center shall not be located within a one-thousand-foot radius of the
lot line of another such legal gymnastics center within the PIP District.
B.Â
All other requirements of the Planned Industrial Park
District shall apply.
C.Â
All uses other than those expressly listed above are
to be considered as prohibited uses.
[Amended 5-15-1990]
In the PIP-1 District, no building or structure
hereafter erected or altered shall exceed 35 feet in height, except
as designated by the Town Board, whereby the maximum height shall
not exceed 50 feet.
In the PIP-1 District, no building shall be
erected or altered on a lot having an area of less than 1Â 1/2
acres (65,340 square feet) or upon a lot having a street frontage
of less than 150 feet.
A.Â
In the PIP-1 District, the required front yard depth
shall be not less than 45 feet measured from the front property line
(after the widening, if any, of the abutting streets) to the front
of the building. The front yard shall be suitably sodded, shrubbed,
landscaped and neatly maintained. There shall be no parking permitted
in the front yard, except for no more than four parking spaces located
in front of the building line for the first 150 feet of road frontage,
and there may be one additional parking space for each additional
50 feet of road frontage, provided that the minimum landscaping requirements
are met. In those cases where there exists a double front lot or corner
lot, parking shall be permitted in only one designated front yard,
and the number of spaces shall be based upon the street frontage of
only that front yard. There shall be no parking within the first 45
feet of the front yard, measured from the front property line.
[Amended 7-9-1996 by L.L. No. 12-1996]
B.Â
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]
Overhead doors are prohibited along any building
frontage facing on any street. Overhead door access shall not be permitted
in the front yard.
In the PIP-1 District, in the case of double front lots, the front yard shall have a required depth of not less than 45 feet measured from the front property line (after widening, if any, of the abutting street) and shall conform to the requirements for front yards contained in §§ 213-320 and 213-321; and the yard abutting the other street shall have a required depth of not less than 45 feet measured from the property line abutting such streets (after widening, if any, of the abutting street), and 45 feet from the property line abutting such street shall be suitably shrubbed, landscaped and neatly maintained.
In the PIP-1 District, corner lots shall have a front yard on each street as is provided for in § 213-320; both front yards shall have a required depth of not less than 45 feet measured from the property line abutting such streets (after widening, if any, of the abutting street), and 45 feet from the property line abutting such street shall be suitably sodded, shrubbed, landscaped and neatly maintained. There may be paved parking in remaining setback areas abutting such street. There shall be two side yards as required by § 213-324. All restrictions contained in §§ 213-320 and 213-321 of this article, entitled "Front yards" and "Overhead doors," shall remain in effect.
In the PIP-1 District, there shall be required
two side yards. The total of the widths of both side yards shall be
not less than 60 feet, and neither side yard shall be less than 10
feet wide. No primary structures shall be erected within 30 feet of
an adjoining primary structure on an abutting parcel. There shall
be a landscaped area with a minimum depth of 10 feet running along
the entire side of each side property line. The landscaped area shall
be suitably shrubbed, landscaped and neatly maintained pursuant to
approval by the Planning Board. Where the side yard abuts a residential
property, the landscaped area shall have a minimum depth of 30 feet
and the side yard shall have a minimum width of 50 feet.
In the PIP-1 District, the required rear yard
depth shall be not less than 30 feet measured from the rear property
line to the rear of the building. There shall be a landscaped area
with a minimum depth of 10 feet running along the entire rear property
line. The landscaped area shall be sodded and neatly maintained. Where
the rear yard abuts a residential property, the rear yard shall have
a minimum width of 50 feet and the landscaped area shall have a minimum
depth of 30 feet.
The maximum building area shall not exceed 42%
of the total lot area; and the maximum impervious area (building plus
paved area) shall not exceed 70%.
A.Â
There shall be no on-street parking in a PIP-1 District.
All public streets shall be posted with "no parking" signs.
B.Â
Each parking space shall be a minimum of 9 feet by
19 feet. In addition, there shall be sufficient aisle space for adequate
ingress, egress and maneuvering areas as follows:
(1)Â
For ninety-degree parking, the minimum width of the
aisle shall be 22 feet.
(2)Â
For sixty-degree parking, the minimum width of the
aisle shall be 18 feet.
(3)Â
For forty-five-degree parking, the minimum width of
the aisle shall be 14 feet.
(4)Â
For thirty-degree parking, the minimum width of the
aisle shall be 12 feet.
C.Â
All parking areas shall have sufficient curb cuts,
as determined by the Planning Board, to ensure proper and safe ingress
and egress on the site.
D.Â
Underground parking is permissible.
E.Â
The following minimum number of off-street parking
spaces shall be provided and satisfactorily maintained by the owner
of the property for each building hereafter erected for use for any
of the following purposes:
(1)Â
Offices: one space for each 200 square feet of gross
floor area of the designated office space, irrespective of the current
use of the floor area. When the actual gross floor area designated
for office use does not exceed 10% of the gross floor area, a minimum
of 10% of the gross floor area shall be calculated as office use in
all applications, regardless of the actual gross floor area designated
for office use.
(2)Â
Light industrial establishments: one space for each
designated 600 square feet of gross floor space.
(3)Â
Warehousing: one space for each designated 700 square
feet of gross floor area.
(4)Â
Research, development and design laboratories: one
space for each 200 square feet of gross floor area of the laboratory,
irrespective of the current use of the floor area.
(5)Â
Banks: one space for each 200 square feet of gross
floor area of the bank building, plus one space for each two employees.
(6)Â
Restaurants and bars: one space for each four seats;
plus one space for each three linear feet of counter at stand-at-counter
areas; plus one space for each two employees on the maximum work shift.
F.Â
In each case where a change of use occurs, parking
requirements shall be recalculated to reflect the change of use. and
a revised site plan shall be resubmitted to the Planning Board for
its review.
A.Â
In the PIP-1 District, there shall be no outside storage
of materials, equipment or merchandise and/or display of merchandise,
materials, equipment or vehicles intended for sale and which are displayed
for that purpose. Vehicles used in conjunction with the use of the
building may be stored in a designated vehicle storage area. This
area is to be enclosed on at least three sides by a minimum ten-foot-high
redwood-slatted chain link fence or similar fence fabric approvable
by the Planning Board. In addition, a buffer zone, five feet wide
with densely planted fifteen-foot high shrubs and trees, shall be
located along the perimeter of the fence. The vehicle storage area
may not be located in the front yard.
B.Â
At the discretion of the Planning Board, the applicant
may be required to enclose the entire vehicle storage area with a
ten-foot-high redwood-slatted chain link fence, permitting entrance
into the vehicle storage area through a ten-foot-high slatted chain
link gate.
In the PIP-1 District, there shall be erected
upon the premises only one primary building, and no other buildings
will be permitted other than a gatehouse or similar structure approved
in advance by the Planning Board, and which shall be located not forward
of the front building line.
Fences shall not encroach in the area designated as the front yard. No fence shall exceed 10 feet in height, except in designated vehicle storage areas allowed in § 213-328 of this article. Fence fabric is to be approved by the Planning Board.
Whenever a PIP-1 zoned parcel shall abut a residential
zoned parcel or any parcel used for residential purposes, a six-foot
redwood-slatted (vertically inserted) chain link fence or similar
fence fabric approvable by the Planning Board shall border same, and
there shall also be planted living hemlocks five feet tall and three
feet on center, planted three feet from the property line within the
required ten-foot landscaped area, unless the Planning Board shall
require a greater or larger buffer strip.
A.Â
This section provides for sign alternatives that are
both functional and aesthetic. Signs which are allowable are signs
that identify the planned industrial park; street signs; directional
signs; user identification freestanding signs; and corporate name
or logo wall signs. The intent of this sign section is to ensure the
consistency (in size, shape, color, lettering, location, lumination,
etc.) of allowable types of signs to be utilized uniformly throughout
the planned industrial park. In all cases, directional signs shall
be a uniform size of two feet and shall not exceed four feet in height;
and further, user identification freestanding signs shall be a uniform
size of 3 feet by 9 feet and shall not exceed four feet in height.
Each specific application of the sign section of this article shall
be subject to the approval of the Planning Board in cooperation with
the Architectural Review Board.
B.Â
Any sign authorized by this section is permitted to
contain noncommercial copy in lieu of any other copy.
[Added 9-25-1990]
This section provides for outdoor lighting alternatives
that are both functional and aesthetic. Outdoor lighting is allowable
in the following instances: street lighting; parking lot lighting;
sign lighting; exterior building lighting; and walkway lighting. The
intent of this outdoor lighting section is to ensure the consistency
(in size, style, color, location) of allowable types of outdoor lighting
to be utilized uniformly throughout the planned industrial park. Each
specific application of the outdoor lighting section of this article
shall be subject to the approval of the Planning Board in cooperation
with the Architectural Review Board.
A.Â
All wiring, feed lines, energy sources and all equipment
accessory to all utilities shall be placed underground. Alternate
energy systems are encouraged and shall be reviewed by the Planning
Board on a case by case basis with regards to the restrictions of
this article. Alternate energy systems must be indicated on site plans.
B.Â
All storage tanks shall be installed underground or
within the primary structure. All mechanical and other equipment shall
not be allowed in the front yard and shall be suitably screened according
to Planning Board requirements as indicated on a site plan approvable
by the Planning Board.
All walls of buildings, with the possible exception
of the rear building wall, shall be finished with face brick, stone,
modern metal paneling, wood, glass, precast concrete finished with
an attractive surface or their equivalent. No unpainted or unfinished
metal or galvanized metal sidings shall be permitted for any exterior
walls or roofs. All building exteriors, including but not limited
to precast concrete, tilt-up concrete, metal or wood partitions, shall
be painted in a color approved by the Planning Board and Architectural
Review Board as indicated on the required rendering of the building.
Preengineered buildings are prohibited unless the building exterior
is finished with face brick, stone, modern metal paneling, wood, glass,
precast concrete finished with an attractive surface or their equivalent.
A.Â
A minimum of 30% of the parcel shall be landscaped
with sod, shrubs, trees and other comparable surface cover in accordance
with a plan approved by the Planning Board. The required landscaped
front, rear and side yards set forth in this article may be included
in the computation of the percentage of landscaping required. All
front yards shall be suitably shrubbed, landscaped and maintained.
B.Â
There shall be one street tree for every 30 feet of
street frontage, set back no more and no less than 15 feet from the
curbline.
C.Â
All parking areas that are visible from the front
property line, as determined by the Planning Board, shall be concealed
from the street by an earthen landscaped berm with a number of dense
trees and/or shrubs planted along the berm in such a manner as to
screen parked vehicles as seen from the front property line. The landscaping
and construction of the berm shall be approved by the Planning Board.
D.Â
Property not utilized for building area but included
as expandable undeveloped area shall be screened by earthen berms
and appropriate landscaping. This screening line shall be at the front
building line, and the front yard shall be suitably landscaped. All
undeveloped areas that are planned for future building expansion or
other purposes shall be maintained and kept free of unsightly plant
growth, stored materials, rubbish and debris and may be left in their
natural state.
No building or structure erected pursuant to
this article, other than predesignated office buildings or financial
institutions, shall be occupied or used by more than one tenant or
devoted to more than one use authorized by this article, except when
expressly authorized by the Town Board.
A.Â
In addition to the required number of off-street parking
spaces, the following maximum number of loading berths may be provided
and satisfactorily maintained by the owner of the property for each
industrial building, structure or premises which shall be hereafter
erected, enlarged or altered: one loading berth for the first 5,000
square feet of gross floor area of building or fractional part thereof,
plus one loading berth for each additional 10,000 square feet of gross
floor area or fractional part thereof.
B.Â
The minimum required size of each loading berth shall
be 12 feet by 55 feet and shall have a vertical clearance of 14Â 1/2
feet.
C.Â
No loading spaces shall be allowed if specifically
prohibited by the Planning Board. The Planning Board shall encourage
all users to provide loading berths inside the erected structure.
Each applicant will be required to prepare an
environmental assessment [similar to that required by the New York
State Environmental Quality Review Act (SEQRA)] and to file this assessment
with the Planning Board, and it shall accompany the site plan application.
The regulations of SEQRA shall govern each assessment.
One complete set of the required number of site
plans and rendering(s) furnished by the applicant shall be made available
by the Planning Board to the Architectural Review Board for its review.
This review shall run concurrently with the review of the Planning
Board.
It is the intent of these regulations to prevent
land and/or buildings within the PIP-1 District zone to be used or
occupied in any manner so as to create dangerous, injurious, noxious
or otherwise objectionable fire, explosive, radioactive or other hazardous
conditions; noise or vibration; smoke, dust, fumes, odor or other
forms of air pollution; electrical or other disturbances; glare or
heat; or the disposal of liquid or solid wastes or refuse contrary
to the environmental regulations of the Town of Babylon; conditions
conducive to the breeding of rodents or insects; or other dangerous
or objectionable elements in an amount or manner so as to adversely
affect the surrounding area. Any use of land permitted under this
article may be undertaken and maintained if it conforms to all district
regulations of this section.
A.Â
Each owner and tenant shall keep its premises, buildings,
improvements and appurtenances in a safe, sightly, clean, neat and
wholesome condition and shall comply in all respects with all governmental
requirements. Each owner and tenant (where applicable) shall remove
at its own expense any rubbish or trash of any character which may
accumulate on its property and shall keep unlandscaped (including
paved parking areas) and landscaped areas neat and well maintained.
Rubbish and trash shall not be disposed of on the premises by burning
in open fires or incinerators.
B.Â
During construction all building sites (and streets
used by construction equipment) shall be kept in a reasonably clean
and neat condition, and all trash, rubbish and debris (and, with respect
to streets, mud and dirt) shall be kept removed therefrom during any
construction work thereon, with final removal to be accomplished promptly
after completion of such work.
C.Â
All buildings, structures, signs, fences and landscaping
shall be maintained in accordance with the provisions of this article
and all other applicable codes and ordinances of the Town of Babylon,
and violations thereof may be prosecuted and enforced in the same
manner as provided therein.
D.Â
All refuse containers are to be stored inside the
building structure.
E.Â
Once construction on-site has been initiated, work
shall continue in an expeditious workmanlike manner until the structure
is complete and a certificate of occupancy is issued.
The Commissioner of the Department of Planning and Development or his designee shall act as the code enforcer of all the sections contained within this article. Any person or corporation, including but not limited to the owner, lessee, architect or builder or an agent or employee of any of them who violates or is an accessory to the violation of any section of this article shall be summonsed and fined by the designated Town official in accordance with § 213-345 of this article.
All existing Planning Board requirements are
to remain in effect. No alterations of a Planning Board approved site
plan shall be permitted without submitting a revised site plan to
the Planning Board and having that site plan approved in writing by
the Planning Board.
[Amended 4-27-2022 by L.L. No. 10-2022]
A.Â
Unless otherwise provided herein, any person who fails
or neglects to comply with any section of this article shall be guilty
of an offense and, upon conviction thereof, shall be punishable by
a fine not less than $100 nor more than $250 or imprisonment for a
period not to exceed 15 days, or both such fine and imprisonment.
B.Â
Each day's continued violation shall constitute a
separate offense.
C.Â
Civil penalties, where imposed in a specific ordinance pursuant to the laws of the State of New York, shall be in addition to any fine and/or imprisonment provided for in Subsections A and B of this section. In addition, any person found by the Bureau of Administrative Adjudication to have violated this article shall be subject to a monetary penalty of not less than $100 nor more than $250.
D.Â
In addition to the fine and/or imprisonment and civil penalties as provided for in Subsections A, B and C of this section, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any section of this article.