The lawful use of a building existing on July 25, 1954, may be continued although such use does not conform to the provisions of this chapter.

A.nonconforming use which shall be discontinued for more than six (6) months shall thereafter be determined to be illegal and in violation of the ordinances, notwithstanding the provisions of § 213-225 herein. Upon the expiration of the aforesaid six-month period, the said use may not be reinstated, and any structure which shall be in violation of the then controlling ordinances by virtue of this section shall be razed at the expense of the owner.

No owner, lessee or person, firm or corporation having possession and control of a premises shall build, alter or use any building, structure or land, nor permit any building, structure or land to be built, altered or used in a manner contrary to any statement, representation, application, plan or specification submitted to and approved by the town.

[Amended 9-15-81 by Res. No. 9]

Wherever an industrial, business or motel-hotel zoned parcel or nonconforming gas station shall abut upon a residential zoned parcel or any parcel used for residential purposes (except cemeteries) or wherever a multiple residence or senior citizen M. R. shall abut upon a residential parcel (except for another M.R. parcel or cemeteries), there shall be a buffer strip five (5) feet wide erected, planted and thereafter maintained on the plot pursuant to Planning Board requirements. unless the Planning Board shall require a greater or larger buffer strip.

[Amended 11-1-1988]

On a corner lot, no wall, fence, hedge, shrub, advertising or identification sign or other structure or growth more than three (3) feet in height from the ground nor less than eight (8) feet of clearance from above the adjacent pavement, nor any other obstruction to vision, shall be erected, altered, planted or maintained within the triangular area bounded by the lot lines of said lot connecting at the street corner of the lot and a point twenty (20) feet from that intersection on each of said connecting lot lines. Such obstructions shall not include public utility poles, traffic control devices, natural grades or signposts.

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 will result in the creation of one (1) 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 (1) or more of the newly created plots is technically in conformity with the then-existing chapter.

[Added 4-5-1994 by L.L. No. 4-1994]

A. Notwithstanding any other provision of this chapter or sections thereof, a procedure is hereby established to allow the amendment and/or varying of a lot line between the owners of two (2) contiguous lots. Under no circumstances shall the amendment or varying of the lot line create a substandard lot or create any situation which will require a variance to be issued to either one of the properties. Application for an amendment of a lot line shall be made to the Planning Board by application and shall not obviate the necessity of filing a subdivision map if the amendment affects three (3) or more lots.

B. Provided that all conditions are met by the applicants, the application shall be made jointly by the contiguous owners and shall not require the filing of a subdivision map but shall require the submission of survey and deed in accordance with the terms of the survey. Upon approval, said document shall be recorded in the County Clerk's office and the survey shall be filed in the Assessor's office of the Town of Babylon.

C. Amendment and/or varying lot line applications shall be permitted only if the contiguous lots are wholly within the same zoning classification.

D. The fee for the application shall be established by Town Board resolution.

Notwithstanding any other provisions of this chapter or the sections thereof, 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 and abutting 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, as set forth in this chapter, shall no longer apply to a previously substandard sized plot, and this interpretation shall apply in all zones.

Notwithstanding any other provision of this chapter, any building plot in any district shall be credited in reduction of overall lot area requirements and front yard requirements with the footage dedicated to the Town of Babylon for the widening of streets, when approved by the Planning Board and upon the acceptance of the deed of dedication by the Town Board.

B.Notwithstanding any other provision of this chapter, any building plot in any district shall be credited in reduction of overall lot area requirements and front yard requirements with the footage taken by the Town through eminent domain proceedings for the widening of a street, provided that such does not reduce the overall lot area or front yard to less than 90% of what is otherwise required by this chapter. [Added 10-5-1999 by L.L. No.19-1999]

Notwithstanding any other provision of this chapter, on all lots held in single and separate ownership on July 7, 1954, of a frontage of 50 feet or less, an accessory building may be erected not less than three feet from any side lot line.

Notwithstanding any other provision of this chapter, on all lots held in single and separate ownership on July 7, 1954, of a frontage of 50 feet or less, a building may be erected with 16 feet in side yards, and neither side yard less than six feet.

[Added 10-16-2001 by L.L. No. 10-2001]

All buildings constructed, or which incur 40% or more reconstruction, after the effective date of this section and located in either the M.R. (Multiple Residence) District, E Business District, Ea Business District, Eb Business District, M-H Planned Motel-Hotel District, G Industrial District, GA Industrial District, GB Industrial, H (Heavy) Industrial District or PIP-1 (Planned Industrial Park) District shall have such sprinkler system or systems fully installed in accordance with National Fire Protection Association Standards 13 and 13R 1999 Edition .

[Amended 9-21-2004 by L.L. No. 27-2004]

The Town Board finds that the proliferation of vacant and abandoned buildings, structures and dwellings in the Town of Babylon causes a deterioration of communities and areas within the Town of Babylon and has a negative impact on the value of property in close proximity to the vacant and abandoned buildings, structures and dwellings. Furthermore, the Town Board finds that vacant and abandoned buildings, structures and dwellings have caused a serious threat to the safety and welfare of the residents of the Town and has eroded the quality of life of all who live and work in the Town. Abandoned and vacant buildings, structures and dwellings are places of infestation of rodents, vermin, insects, wild animals and other health threatening creatures and diseases, provide shelter to criminals and vagrants who use such places to evade the police and to conduct illicit activities, and are an attractive nuisance to children and adults alike.

A. No building of other structure which has been damaged by fire or other causes to the extent of more than 50% of its value, exclusive of foundation, shall be repaired or rebuilt except in conformity with the regulations of this chapter and the Building Code.

B. Vacant or abandoned buildings, structures and dwellings may not be boarded up, or have the doors, windows, entrances and exits concealed, covered, obscured or hidden in any manner, except in an emergency and then for a period not to exceed 30 days.

**Webmasters Note: The previous section has been amended as per Ordinance No. 27-2004.

When two-family dwellings are allowed, provisions shall be made therein for compliance with the required size of the building, as set forth in the particular zoning classification, and in no event shall there be less than five hundred (500) square feet of habitable floor area for each family unit.

Where multiple-family dwellings are allowed, no dwelling shall be hereafter erected or altered for an apartment house unless provision shall be made therein for not less than four hundred (400) square feet of habitable floor area for each family unit.

To qualify as habitable floor area for the purpose of this chapter, a second floor shall have or permit a finished ceiling height of at least seven (7) feet, to be not less than four (4) feet in width between opposing rafters, shall have a rough flooring laid thereon and shall have or permit knee walls of not less than four (4) feet in height, between which the habitable floor area shall be computed, and further, such floor area, to so qualify, shall have Access from the floor below by a permanent built-in stairway. The second story shall not be required to be finished except as provided herein.

Notwithstanding any other provision of this chapter, an existing dwelling with an attached carport, on a plot held in single and separate ownership on July 25, 1954, may be altered to provide for the addition to or the enclosure of the existing carport, provided that said alteration does not, in any manner, diminish the affected side yard, and provided further that said alteration does not extend beyond the rear line of the existing dwelling.

Notwithstanding any other provisions of this chapter, on all lots held in single and separate ownership, with a dwelling erected thereon, on July 7, 1954, of a frontage of sixty (60) feet or less, a detached garage may be erected not less than three (3) feet from any side lot line.

[Added 6-18-2002 by L. L. No. 12-2002]

There shall be only one front door permitted in all Residence Districts.

**Webmasters Note: The previous section has been amended as per Local Law No. 12-2002.