Babylon, NY Accessory Structures: ADU Rules (2026)
ADU rules in Babylon, NY, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.
Key Facts
- Governing section
- § 153-14
- Board size
- 9 Town Board appointees
- New accessory kitchens
- no longer permitted
- Review factors
- traffic, parking, overcrowding
- Public hearing
- generally required, § 153-16
Summary
An Accessory Apartment Review Board of nine Town of Babylon appointees hears every application and renewal, deciding whether to grant a special permit for a legal accessory apartment.
The Two-Family Review Board created by L. L. No. 9-1979, adopted November 20, 1979, and amended by L. L. No 8-1992 on September 15, 1992, is now known as the "Accessory Apartment Review Board" and shall consist of nine members who shall be appointed by and serve at the pleasure of the Town Board. The nine-member Accessory Apartment Review Board (sometimes referred to in this article as the "Board") shall henceforth hear all accessory apartment permit applications and renewal of accessory kitchen permit applications and make a final determination as to whether the applicant should be granted any such permit. It shall be a violation to have an accessory kitchen in any premises without a permit or with an expired permit.
A. Before such approval shall be given, the Board shall determine:
(1) That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts.
(2) That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts.
(3) That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location.
(4) That the use will be in harmony with and promote that general purpose and intent of this article.
B.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4941158; v66 updated 2026-05-13; through 05-13-2026).
Full Breakdown
Town of Babylon Code § 153-14 renamed the old Two-Family Review Board the Accessory Apartment Review Board, giving its nine Town Board-appointed members authority to hear all accessory apartment and accessory kitchen permit applications. Before approving a permit, the Board must find the use won't disrupt neighboring properties or districts, won't harm public safety, health or welfare, and fits the article's purpose, weighing factors like traffic, parking, overcrowding and lot suitability. No new accessory kitchen permits are issued; only accessory apartment permits move forward for one-family homes.
Violations & Fines
Operating an accessory apartment without an approved permit is punishable under § 153-21: fines of $500 to $1,500, or up to six months in jail, on a first offense, rising to a misdemeanor with fines to $2,500 for repeats.
Frequently Asked Questions
Who decides whether I get an accessory apartment permit?
Can I still get an accessory-kitchen permit?
Sources & Official References
Other rules in Babylon
How Babylon compares: Easiest Cities to Build an ADU·New York rules heatmap·Compare Babylon to another location·View the New York accessory structures overview
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How other cities in Suffolk County handle adu rules.