Accessory Apartment Review Board

An Accessory Apartment is defined by the Town of Babylon as an additional self-contained dwelling unit which is incorporated within a one family dwelling and contains a second kitchen. You must obtain an Accessory Apartment Permit from the Accessory Apartment Review Board to legally use these spaces as living area. All Accessory Apartment Permits are temporary exemptions from the Town of Babylon zoning laws regarding rentable portions of your primary residence. These permits must be renewed upon expiration. Three months prior to the expiration date, you must reapply for the permit. An Accessory Apartment Permit Application must be completed and an appointment scheduled to have your documents reviewed. To schedule an appointment or if you require additional information about the process, please call (631) 957-7468. To qualify for this permit the dwelling must:

• Be owner-occupied and the primary residence of the owner
• Provide sufficient off street parking for four cars
• Meet fire and structural requirements

The following applications are also available online:

• Accessory Apartment Permit Renewal Application
• Accessory Apartment Affidavit of Transfer

Below are some of the Accessory Apartment Permit requirements. This list is not exhaustive and the homeowner is advised to schedule a meeting with a Town Representative to discuss the requirements in detail.

• The home must be at least 3 years old
• The homeowner must verify that the certificate of occupancy does not restrict accessory apartments
• If your accessory apartment is new, a plumbing permit is required for the sink in the new kitchen
• If you have an existing apartment and a second sink, the Town will notify you if a plumbing permit is required
• Both units must have at least 350 square feet of habitable space
• All rooms must have at least 80 square feet of habitable space
• One of the dwelling units must limited to a total of three rooms

Call (631) 957-7468 to schedule an appointment and to submit your completed application to the Accessory Apartment Division. The application and the required documents will be reviewed on your scheduled appointment date. An inspection date may be scheduled for a Building Inspector to inspect both apartments in your residence. In some cases, a Town of Babylon Licensed Engineer Report may be required to certify that the premises comply with all required codes. If an inspection fails, all violations must be corrected, and reinspected subject to a $50.00 re-inspection fee. A public hearing will be scheduled with notices published in the Town-designated newspapers. Your application will be heard by the Accessory Apartment Review Board after all the paperwork has been submitted. A decision will be rendered by the Board after reviewing all submitted documentation and testimony of the hearing.