[Amended 8-29-1978 by Ord. No. 78-ZC-80; 10-26-1982 by Ord. No. 82-ZC-118; 9-25-1984 by Ord. No. 84-ZC-133; 9-12-2000 by L.L. No. 26-2000; 3-2-2004 by L.L. No. 7-2004; 6-11-2008 by L.L. No.
17-2008; 10-6-2009 by L.L. No. 19-2009; 3-9-2010 by L.L. No.
4-2010; 4-13-2021 by L.L. No. 20-2021]
For the purposes of this chapter, the Town of
Huntington outside of its incorporated villages is hereby divided
into districts as follows:
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R-80
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Residence District
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R-40
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Residence District
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R-20
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Residence District
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R-15
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Residence District
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R-10
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Residence District
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R-7
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Residence District
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R-5
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Residence District
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R-3M
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Garden Apartment Special District
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R-HS
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Residential Health Services District
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R-RM
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Retirement Community District
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R-MS
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Medical Services District
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R-PUD
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The Greens at Half Hollow Planned Unit Development
District
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R-OSC
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Residence-Open Space Cluster District
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C-1
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Office-Residence District
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C-2
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Single-Purpose Office Building District
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C-3
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Special Business District
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C-4
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Neighborhood Business District
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C-5
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Planned Shopping Center District
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C-6
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General Business District
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C-6 HSOD
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Huntington Station Overlay District
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C-7
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Minor Commercial Corridor District
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C-8
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General Business A District
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C-9
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Harbor Use District
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C-10
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Planned Motel District
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C-11
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Automotive Service Station District
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C-12
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Professional District
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C-13
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Cultural Center District
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C-14
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Commercial Recreation District
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I-1
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Light Industry District
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I-2
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Light Industry District
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I-3
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Light Industry District
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I-4
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Light Industry District
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I-5
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General Industry District
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I-6
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Generating Station District
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S-1
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Historic District
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AROD
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Special Agricultural-Retail Overlay District
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ECOD
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Special Equestrian Center Overlay District
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HOD
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Special Historic Overlay District
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[Amended 9-12-2000 by L.L. No. 26-2000]
The boundaries of the districts enumerated in § 198-6 of this chapter are hereby established as shown on the map designated as the "Amended Building Zone Map of the Town of Huntington." The said map, together with all notations, references and every other detail shown thereon, shall be as much a part of this chapter as if the map and every other detail shown thereon were fully described herein.[1] Section 198-55 contains symbols on the map for the aforesaid districts.
[1]
Editor's Note: The official Zoning Map is
on file in the Planning Department and may be inspected during normal
business hours.
A.
The boundaries between districts are, unless otherwise
indicated, either the center lines of streets or railroad rights-of-way
or such lines extended or lines parallel thereto.
B.
Where figures are shown on the Zoning Map between
a street and a district boundary line, they indicate that said line
runs parallel to the street line at a distance in feet therefrom equivalent
to the number so indicated.
C.
Where a district boundary is shown as following a
Town or village boundary or a lot line or property line or a projection
of any such line, said boundary shall be such line or projection thereof.
D.
Where a district boundary is shown approximately parallel
to a street line or railroad right-of-way and where such line does
not follow a lot line or property line or is not established by ordinance
or dimension on the Zoning Map, the following shall apply:
(1)
General business districts extend one hundred fifty
(150) feet back from the street or streets on which they front.
(2)
Highway business districts extend four hundred (400)
feet back from the street or streets on which they front.
(3)
Industrial districts extend two hundred (200) feet
back from either the street or streets on which they front or a railroad
right-of-way, but not beyond the limits of any other district fronting
on an adjacent parallel street.
E.
When the location of a district boundary line is not
otherwise indicated, it shall be determined by the use of the map
scale. Where the street layout on the ground varies from the layout
shown on the Zoning Map, the map designation shall apply in such a
way as to carry out the intent and purpose of this chapter for the
particular area in question.
Streams, lakes, ponds, harbors, salt marshes
and portions of Long Island Sound and its various bays and estuaries
lying within the boundaries of the Town of Huntington, any of which
are not indicated on the Zoning Map as being in a particular district,
shall be considered as being in the most restricted residential use
district, and such zoning classification shall continue regardless
of any filling and draining of such lands, unless and until amended
by action of the Town Board.
Except as hereinafter provided:
(A)
No land may be used except for a purpose permitted in the district in which it is located unless the use has been previously legalized with the Town or is recognized as a preexisting use under Section 198-102.
[Amended 11-20-2018 by L.L. No. 35-2018]
(B)
No building shall be erected, converted, enlarged,
reconstructed, moved or structurally altered, nor shall any building
or part thereof be used, except for a use permitted in the district
in which the building is located.
(C)
No building shall be erected, converted, enlarged,
reconstructed or structurally altered except in conformity with the
area regulations of the district in which the building is located.
(D)
No building shall be erected, converted, enlarged,
reconstructed or structurally altered to exceed the height limit herein
established for the district in which the building is located.
(E)
No building shall be erected and no existing building
shall be enlarged or structurally altered except in conformity with
the off-street parking and loading regulations of this chapter.
(F)
The minimum yards, parking space, open spaces and
lot area per family as required by this chapter shall not be considered
as required yard or open space for any other building, nor shall any
lot area be reduced below the requirements of this chapter.
(G)
Every building hereafter erected or structurally altered
shall be located on a lot as herein defined, and, except as hereinafter
provided, in no case shall there be more one (1) main building on
one (1) lot. Notwithstanding the foregoing, where the Planning Board
determines, after a public hearing, that better vehicle and pedestrian
circulation with safer and closer access to buildings and flexibility
of design may be achieved, the Board may approve more than one (1)
main building on a lot in the industrial and commercial zoning districts.
In no way shall this provision authorize an increase in the gross
floor area or the building lot coverage that could otherwise be achieved.
In no case shall the Planning Board approve more than one (1) main
(principal) building on a lot where any of the main buildings is less
than ten thousand (10,000) square feet or within one hundred (100)
feet of a front property line and, in commercial zoning districts,
within fifty (50) feet of any residence district boundary and, in
the industrial zoning districts, within one hundred fifty (150) feet
of my residence district boundary. In the industrial zoning districts,
when more than one (1) main building is proposed on a single parcel
of land, each building shall have a foundation planting, including
trees and shrubs among other plantings, surrounding the structure
(except for entrances and exits) that is at least five (5) feet wide
and a sidewalk surrounding the foundation planting that is at least
four (4) feet wide.
[Amended 10-7-1998 by L.L. No. 35-1998]
(H)
No person shall use, operate or maintain any van,
truck or other automobile cab, body, trailer or other compartment,
for purposes of utilizing as a shed, accessory building, accessory
structure or other storage-type structure on any residential property
or residentially zoned property.
[Added 5-24-2005 by L.L. No. 22-2005]
(I)
Habitable Space. No person shall use, operate or maintain a detached
residential garage as habitable space.
[Added 5-7-2013 by L.L. No. 10-2013]
(J)
No land may be advertised for a use not permitted in the district in which it is located unless the use has been previously legalized with the Town or is recognized as a preexisting use under Section 198-102.
[Added 11-20-2018 by L.L.
No. 35-2018]
(K)
No land, building, structure or premises, nor part thereof, shall
be used to plant, cultivate, harvest, dry, process, sell, or offer
to sell, recreational cannabis.
[Added 8-6-2019 by L.L.
No. 45-2019; amended 12-14-2021 by L.L. No. 66-2021]
The minimum width of lot specified in this chapter
for any district shall be measured perpendicular to the lot depth
at the zoning setback line established for the district. In addition,
the following rules shall apply:
A.
In connection with subdivision plat approval pursuant
to § 276 of the Town Law, the Planning Board may establish
a building setback line other than the zoning setback line at which
the required lot width for the district may be measured. Such line
may be established by the Board where, by reason of irregular shape
of property or unusual topographic conditions, the orderly development
of the property or the neighborhood will be benefited thereby. Such
line shall be shown on the plat. The Planning Board shall not establish
a building setback line closer to the street than the minimum zoning
setback line for the district except where, by reason of unusual topographic
conditions, excessive clearing and regrading or excessive removal
of earth would otherwise be required.
C.
The provisions of this section shall not apply to
lots shown on a map approved by the Planning Board prior to December
7, 1965, which has been duly filed with the Suffolk County Clerk,
nor to buildings for which a valid permit had been issued prior to
December 7, 1965.
[Added 1-8-1974 by L.L. No. 2-1974]
A.
Any land that is or has been designated or required
to be a screening area or buffer area pursuant to an approval by the
Town Board, Planning Board or Zoning Board of Appeals of any grant
of an application for a change of zone, variance or site plan approval,
or which is required by ordinance or local law, must be maintained
by the owner of the property or any of the owners, successors in interest
or assignees.
B.
When it is determined by the Town Board that any land
is not maintained pursuant to such grant or ordinance, the Superintendent
of Public Works, upon direction of the Town Board, shall notify the
owner of record of such land, by registered mail to the address shown
on the last preceding assessment roll, to erect, replace, repair or
maintain fences, trees, plantings, shrubbery or other screening pursuant
to the plan or ordinance.
C.
In the event the owner of record does not comply with
the notice within thirty (30) days from the date of said mailing,
the Superintendent of Public Works may take the appropriate action
to erect, replace, repair or maintain fences, trees, plantings, shrubbery
or other screening on the designated land, and all costs and expenses
so incurred shall be assessed against the land, which shall be collectible
in the way real estate taxes are so collected.[1]
