[Amended 10-9-1974; 12-2-1975; 7-1-1980 by Res. No. 5]
A. Unless otherwise stated expressly, the following words and expressions, where used in this chapter, shall have meanings as follows:
ACCESSORY BUILDING - 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. [Amended 11-1-1988; 3-21-1989; 2-17-1998 by L.L. No.1-1998]
ACCESSORY STRUCTURE -- 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. [Added 11-1-1988; amended 3-21-1989]
AGRICULTURE - 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.
BOARDINGHOUSE - A dwelling, other than a motel or hotel, where lodging and meals are provided for compensation, with no individual cooking facilities. [Added 8-15-19891
BUILDING - 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." [Added 5-15-1990]
BUILDING AREA - The area of the maximum horizontal cross section of the building on a lot.
BUILDING INSPECTOR - The Building Inspector of the Town of Babylon or any person duly appointed as such Inspector.
**Webmasters Note: Section 213-1 up to the previous definition has been amended as per Supp. Dated 10-20-2000.
CAMP COTTAGE - Any building of whatever material constructed, designed or equipped to be used for living, sleeping or eating only by transient or seasonal occupants.
CAMP UNIT - 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.
COMMERCIAL VEHICLE - 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. [Added 10-1-2002 by L.L. No. 30-2002; amended 6-21-2005 by L.L. No. 11-2005]
**Webmasters Note: The previous definition has been amended as per Local Law No. 11-
2005.
CORNER LOT - A lot having a street line along two streets forming an angular or curved corner.
DATE OF ADOPTION - The day that the Zoning Chapter is formally adopted by resolution of the Town Board and entered in its minutes.
DECK - 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 more than 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. [Added 3-21-1989]
DEPTH OF A LOT - 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.
DIVISION OF BUILDING - The Division of Building in the Department of Planning and Development of the Town of Babylon or any employee or officer of such Department. [Amended 4-7-1976 by L.L. No. 15-1976]
DOUBLE FRONT LOT - A lot having a street line at both ends of the lot.
EFFECTIVE DATE - The tenth day after said chapter is published in a newspaper in the township and posted 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.
FAMILY - 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. [Amended 8-15-1989]
FENCE - 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.
FRONT BUILDING LINE - The line across the entire frontage of the lot at the required front setback distance.
FRONT YARD - The required open space extending along the street line of any street on which the lot abuts.
FUNCTIONAL AND FACTUAL EQUIVALENT OF A NATURAL FAMILY - 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. [Added 8-15- 1989]
GARAGE, MINOR - 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. [Amended 11-1-1988]
GARAGE, PRIVATE - 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, trailers or machinery, having not more than two bays and not more than 250 square feet per bay, in any zoning district. [Amended 11-1-1988; 2-17-1998 by L.L. No. 1-1998]
GARAGE, PUBLIC - A building or portion thereof, other than a private garage, designed or used for equipping, repairing, renting, parking or storing motor vehicles. [Amended 11-1-1988]
GROUND STORY OR FIRST STORY - The lowest story of a building entirely above the level of the ground in front of a building.
HEIGHT 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.
KITCHEN - 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). [Added 6-10-1997 by L.L. No. 7-1997]
LOT AREA - 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. [Amended 12-2-1986]
LOT IN SINGLE AND SEPARATE OWNERSHIP - 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.
MOTEL-HOTEL - 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. [Amended 8-4- 1981 by Res. No. 2]
MULTIPLE RESIDENCE - A building or group of buildings designed for occupancy by three or more families living independently of each other in separate dwelling units.
NONCONFORMING BUILDING OR USE - One that does not conform to the regulations of the district in which it is situated.
OFF-STREET PARKING AREA - 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.
OUTDOOR STORAGE - 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. [Added 6-21-2005 by L.L. No. 11-
2005]
**Webmasters Note: The previous definition has been added as per Local Law No. 11-2005.
PARKING SPACE - 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.
PREMISES - The land and all buildings and structures thereon.
PRIVATE PROPRIETARY CONVALESCENT HOME A facility which is operated for compensation and profit, other than a hospital, where lodging, board and health related services are provided for persons recuperating from illness or incapacity. [Added 8-15-1989]
PRIVATE PROPRIETARY HOME FOR ADULTS - An adult care facility, established and operated for compensation and profit, for the purpose of providing temporary or long-term residential care, room, board, housekeeping, personal care and supervision to adults. [Added 8- 15-1989]
PRIVATE PROPRIETARY NURSING HOME - A facility which is operated for compensation and profit, other than a hospital, where lodging, board and health related services are provided for persons with or recuperating from illness or incapacity. [Added 8-15-1989]
PUBLIC PARKING PLACE - 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.
REAR YARD - The required open space extending along the rear lot line (not a street line) throughout the whole width of the lot.
REST HOME - 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. [Added 8-15-1989]
ROOMING HOUSE - A dwelling, other than a motel or hotel, where lodging is provided for compensation. [Added 8-15-1989]
SANITARIUM - Not an institution required to be licensed under the Mental Hygiene Law of the State of New York.
SHED - A structure subordinate to the buildings on a lot, used for purposes customarily incidental to the buildings and associated with cabanas, 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 and which does not exceed 100 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. [Added 3-21-1989]
SIDE YARD - The required open space extending along the side lot line from the front yard to the rear yard.
SIGN - 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.
SINGLE- OR ONE-FAMILY DWELLING - A building designated for and occupied exclusively as a home or residence for not more than one family.
STREET LINE OR FRONT PROPERTY LINE - The dividing line between the street and a lot.
STRUCTURE - 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'
TELEPHONE EXCHANGE - 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.
TOURIST CAMP - 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.
TRAILER OR HOUSE CAR - 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.
TWO-AND-ONE-HALF-STORY BUILDING - A building whose main eaves are below the mid-height of the third story.
TWO-FAMILY DWELLING - A building designed for and occupied exclusively as a home or residence for two families.
TWO-STORY BUILDING - Any building having an area on the second floor of not less than 75% of the area on the first floor.
WIDTH OF A LOT - 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.
