[Added 8-11-2000 by L.L. No. 19-2000]

[Amended 6-21-2005 by L.L. No. 13-2005]

There is hereby established a Commercial Overlay District, superimposed on parcels as set forth on a particular map entitled "Town of Babylon Commercial Overlay District," dated April 14, 2005, and on file in the office of the Town Clerk, and which map is incorporated herein and made a part hereof.

**Webmasters Note: The previous section has been amended as per Local Law No. 13-2005.

In the Commercial Overlay District, buildings and premises may be used for any use otherwise permitted and such uses which are permitted in the M-H Planned Motel-Hotel District. Except as otherwise set forth in this article, the provisions of Article XIII of this chapter shall apply to motels and hotels.

Notwithstanding anything contained in this chapter to the contrary, in the Commercial Overlay District, the maximum height of any building shall be four stories or 45 feet if more than 500 feet from residentially zoned property on the west side of State Route 110 and south of Price Parkway, when used as an office building, motel or hotel; four stories or 55 feet on the east side of State Route 110 and south of Sherwood Road, when used as an office building, and five stories or 55 feet on the east side of State Route 110 and south of Sherwood Road, when used as a motel or hotel. For the purpose of this section, cemeteries shall not be considered residentially zoned properties.

In the Commercial Overlay District, the following related services may be permitted in conjunction with a motel or hotel use and when contained in the primary structure, and only when a special exception permit for such use is granted by the Planning Board:

A. Such related uses set forth in § 213-147A through I, inclusive, of this chapter; and

B. Swimming pools; and

C. Conference centers.

In the Commercial Overlay District, no building used for a motel or hotel shall be erected on a lot having an area less than 10 acres.

In the Commercial Overlay District, the front yard setback for a four-story office building having a height of more than 35 . feet and 45 feet or less shall be 60 feet, and the front yard setback for a four-story office building having a height greater than 45 feet and 55 feet or less shall be 70 feet.

All development in the Commercial Overlay District shall be consistent with the Republic Airport Runway Protection Zone (RPZ) requirements as established by the Federal Aviation Administration.

All motels and hotels constructed and operating pursuant to this article shall provide private van and/or mini-bus shuttle service to guests for transportation to MacArthur Airport, Kennedy Airport, LaGuardia Airport and Republic Airport and to the nearest Long Island Railroad station.

In the Commercial Overlay District, of street parking requirements shall be in conformity with those requirements set forth in Article XII of this chapter, except that, notwithstanding anything contained in § 213-150 of this chapter to the contrary, the following shall apply to motels and hotels:

A. There shall be 1.25 parking stalls for each lodging unit.

B. There shall be one parking stall for each employee.

C. There shall be one parking stall for each 75 square feet of floor area of each conference room.

In the Commercial Overlay District, all accessory buildings and all accessory structures shall be prohibited unless used in conjunction with a motel or hotel and only when a special exception permit for such accessory building or accessory structure is granted by the Planning Board.

In the Commercial Overlay District, all areas within the site, except for the building areas and paved areas, shall be planted with grass, shrubs, trees, screening and sprinkler systems in conformance with a landscape plan approved by the Department of Planning and Development and the Planning Board during site plan review. Such landscaped areas shall be regularly maintained so as to assure the viability of all required plant material, and the lack of such maintenance shall constitute a violation of this article.

In the Commercial Overlay District, a motel or hotel constructed after the effective date of this article may have cooking facilities in its individual lodging units, only if a special exception permit for such cooking facilities is granted by the Planning Board.

In the Commercial Overlay District, all buildings used for motel, hotel or office use shall have a fire-protection system, which shall include a sprinkler system, smoke detector and self-activated public address and alarm systems.

In the Commercial Overlay District, the exterior walls of buildings used as a motel or hotel shall be finished with face brick, stone, 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 wall or roof. All building exteriors, including but not limited to precast concrete, tilt-up concrete or metal portions, shall be painted in a color approved by the Planning Board as indicated on the required rendering of the building. Pre-engineered buildings are prohibited unless the building exterior is finished with face brick, stone, glass, precast concrete finished with an attractive surface or their equivalent.

Section 213-159 of this chapter shall not apply to motels or hotels in the Commercial Overlay District.

A. Notwithstanding anything contained in this chapter to the contrary, in the Commercial Overlay District, off premises advertising signs as prohibited by § 213-393 of this chapter may be permitted by special exception permit by the Planning Board for retail uses only.

B. A special exception permit may be granted by the Planning Board for said sign if the following conditions are met:

(1) The sign and the business, commercial product or commercial service which the sign advertises are in the Commercial Overlay District.

(2) The subject sign shall be part of a sign otherwise permitted by Article VIII of this chapter.

(3) No increase in the number or size of signs shall be permitted because of the subject sign.

(4) There is a special need for the subject sign as the property upon which the business, commercial service or commercial product is located, from where the sign would otherwise advertise, is isolated and/or not visible from a main thoroughfare, and because such location substantially and detrimentally affects the viability of such business, commercial service or commercial product.