Babylon's Accessory Structures: The Rules That Matter
Every city handles accessory structures a little differently. In Babylon, New York, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.
Shed & Carport Rules
Accessory buildings in the Town of Babylon's A Residence District top out at 500 square feet and 14 feet to the ridge, and must sit at least 10 feet from side or rear lines and 50 feet from the street.
Key details: Max size: 500 square feet. Max height: 14 feet to ridge. Side/rear setback: 10 feet minimum. Street setback: 50 feet minimum. Garage door: 7 feet max height.
Building an oversized or misplaced accessory structure violates Town Code § 213-8: fines of $250 to $1,000 for a first offense, up to $5,000 for repeats, or a Bureau of Administrative Adjudication penalty up to $1,500.
ADU Owner Occupancy
The Town of Babylon requires the homeowner to live on-site before granting an accessory apartment permit, and bars owners of other permitted properties from getting a second one.
Key details: Governing section: § 153-18.A. Owner must occupy: the one-family dwelling. One permit per owner: in the Town. Permit ends: if occupancy stops, § 153-15.B.
Losing owner-occupant status ends the permit immediately under § 153-15.B; continuing to rent the unit afterward becomes an unpermitted accessory apartment, punishable under § 153-21 with fines from $500 to $2,500 depending on offense count.
ADU Rules
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.
Key details: 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.
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.
This is one of the stricter rules in Babylon's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.
ADU Rental Restrictions
Town of Babylon accessory apartments must be at least 350 square feet, capped at three rooms, and can't sit in a separate building or in the home's cellar.
Key details: Governing section: § 153-18.D. Minimum unit size: 350 habitable sq ft. One unit capped: at 3 rooms. No detached-building units: main dwelling only. No cellar units: any part of unit.
Renting an accessory apartment that violates the size or location rules, including one built into a detached garage or cellar, is punishable under § 153-21: fines from $500 to $1,500 on a first offense, up to $2,500 for repeats.
The Bottom Line
Babylon's accessory structures rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Babylon is broadly strict or permissive.
Keep in mind that Babylon can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.