Village of Huntington Bay, NY
Suffolk County
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Table of Contents
Table of Contents
[Added 9-14-1972; amended 2-9-2009 by L.L. No. 1-2009]
A. 
Legislative intent. The Incorporated Village of Huntington Bay is one of Long Island's most unique and picturesque waterfront communities. The waterfront along Huntington Bay and Huntington Harbor is a great natural, public resource, and the Village has historically gone to great lengths to uphold its stewardship responsibilities with respect to the environmental integrity of the waterfront. The Village and its neighborhoods are marked with special ambiance and character. The Village has steadfastly preserved and protected this character through the use of its land use controls. The creation of distinct Waterfront Preservation Districts and Residence Zoning Districts, and their accompanying regulations, are intended to further preserve the beautification, health, safety and welfare of all of the areas within the Village.
B. 
Purpose. The purposes of this chapter are to lessen congestion in the streets; to secure safety from fire, flooding, panic or other disasters; to provide adequate light and air; to prevent the overbuilding of land to avoid undue concentration of population; to protect and preserve waterfront areas; and to facilitate the adequate provision of water supply and sewage disposal. In making any determination pursuant to this chapter, the Zoning Board of Appeals and the Village Board of Trustees shall observe such purposes or any or all of them as may be appropriate to promote the legislative intent of this chapter.
[Amended 1-5-2012 by L.L. No. 9-2012]
[Amended 10-9-1946; 7-29-1974; 2-13-1978 by L.L. No. 3-1978]
A. 
Usage. For the purpose of this chapter, certain terms and words are hereby defined. Words used in the present tense include the future, the singular number includes the plural, and the plural the singular. The word "person" includes a profit or nonprofit corporation, company, partnership or individual. The word "shall" is mandatory, and the word "may" is permissive. The word "lot" includes the word "plot," and the word "structure" includes the word "building." The word "use" and the word "used" refer to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.
B. 
Definitions of terms. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meanings herein indicated:
ACCESSORY APARTMENT
A second dwelling unit either in an existing single-family detached dwelling or in a separate accessory structure on the same lot as the main dwelling, for use as a complete, independent living facility with provision within the accessory apartment for cooking, eating, sanitation and sleeping. Such a dwelling is an accessory use to the main dwelling.
[Added 3-21-2005 by L.L. No. 3-2005]
ACCESSORY BUILDING
A building or structure subordinate to the main building, on the same lot, used for purposes customarily incidental to those of the main building, including private bathhouses used by the owner of the lot, and which shall not exceed the size of the main building.
[Amended 3-21-2005 by L.L. No. 2-2005; 3-21-2005 by L.L. No. 3-2005]
ACCESSORY USE
A use which is clearly incidental to or customarily found in connection with and subordinate to the principal use of the premises and which is conducted on the same lot.
ACRE
As applicable herein, refers to the land exclusive of the street area.
BASEMENT
That portion of a building that is partly or completely below grade (see "story, above grade").
[Amended 3-21-2005 by L.L. No. 2-2005]
BOARD
The Board of Trustees of the Incorporated Village of Huntington Bay.
BOARD OF APPEALS
The Board of Zoning Appeals of the Incorporated Village of Huntington Bay.
BUILDING
Any structure designed for the housing or enclosure of persons or property of any kind.
BUILDING AREA
The total of areas measured in a horizontal plane at the main grade level of the principal building and all accessory buildings.
BUILDING INSPECTOR
The Building Inspector of the Incorporated Village of Huntington Bay or any person appointed by the Board to act as such for the purpose of this chapter to administer and enforce the provisions of the Building Code.
BUILDING LINE
The line established by the required front yard depth as the closest point to the front property line at which a building may be constructed.[1]
DRIVEWAY
The area of a lot which begins at the property line and extends into the lot that is used primarily as a means for motor vehicle ingress and egress to and from said lot and for the parking of motor vehicles. A driveway includes all areas used for parking, maneuvering or circulation of motor vehicles.
[Added 3-20-2017 by L. L. No. 2-2017]
DWELLING, SINGLE-FAMILY
A building designed for use or occupied exclusively by one family.
FAMILY
One or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons, but not exceeding two, living and cooking together as a single housekeeping unit, though not related by blood, adoption or marriage, shall be deemed to constitute a "family."
FLOOR AREA RATIO (FAR)
The gross floor area of a dwelling, including a garage on a lot, divided by the total lot area times 100.
[Added 3-21-2005 by L.L. No. 2-2005]
FLOOR AREA, RESIDENTIAL
The gross horizontal area (or footprint) of the several floors of a dwelling, plus the garage and any and all accessory structures with any plumbing and/or any heating. Also included are floor overhangs, but no breezeways or covered porches. In other words, it is habitable (heated space), plus the garage and accessory structures that could be used as habitable space, measured from the exterior walls.
[Amended 3-21-2005 by L.L. No. 2-2005]
FOOTPRINT
The outline of the total area, which is covered by a structure's perimeter at ground level, including floor overhangs.
[Added 3-21-2005 by L.L. No. 2-2005]
GARAGE, PRIVATE
An accessory building or part of a building designed or used for the storage of motor vehicles owned and used by the occupants of a building to which it is accessory. A "private garage" for more than seven motor vehicles shall not be deemed an accessory building.
GRADE
The elevation from which the height of a building or structure is measured. The height shall be measured from the natural grade and not from the finished grade.
[Amended 12-9-1985 by L.L. No. 2-1985]
GROSS FLOOR AREA
The sum of the areas of the floors of a dwelling measured to the faces of the exterior walls.
[Added 3-21-2005 by L.L. No. 2-2005]
HEIGHT
The height of a building shall be measured from the mean level of the ground surrounding the building, at its existing natural grade and not at its finished grade, to the top of the ridge, provided that chimneys and similar projections shall not be included in the height.
[Amended 12-9-1985 by L.L. No. 2-1985; 2-13-2006 by L.L. No. 3-2006]
HOME BUSINESS
A permitted home business, professional, artistic or educational activity conducted within a single-family dwelling on a lot by any of the residents of the dwelling unit on such lot, directed toward the generation of a fee or other income (whether or not such use is carried on for profit), which activity is clearly incidental and subordinate to the use of such dwelling unit for single-family dwelling purposes and to the principal use of such lot for residential purposes, and which activity does not change the character thereof.
[Added 6-13-2005 by L.L. No. 4-2005]
IMPERVIOUS SURFACES
A surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited to, roofs, buildings, paved driveways, streets, parking areas, tennis courts, sports courts, etc.
[Added 3-21-2005 by L.L. No. 2-2005]
LOT
A parcel of land, not divided by or lying within a street or streets, occupied or to be occupied by a building or buildings and accessory buildings, together with such open spaces as are required under the provisions of this chapter, and having its principal frontage on a street or on such other means of access as may be deemed, in accordance with the provisions of law, to be adequate for the purposes of issuing a building permit for a building on such land.
[Amended 1-15-1990 by L.L. No. 1-1990]
LOT AREA
The total horizontal area within the exterior lines of the lot to be used for a building and its accessories. Required "lot area" in any district shall not include any part of a street as hereinafter defined in this chapter.
[Amended 1-15-1990 by L.L. No. 1-1990]
LOT AREA COVERAGE
The total area of the footprint of all buildings and structures (except bulkheads and retaining walls) on a lot having a footprint in excess of 100 square feet, and all driveways, patios, walkways, stairways and other ground-level surfaces regardless of size. However, the area of driveways, patios, walkways, stairways and other ground-level surfaces constructed of gravel, permeable pavers or permeable concrete shall be calculated at 50% of the area actually covered by these structures.
[Added 3-21-2005 by L. L. No. 2-2005; amended 4-24-2017 by L. L. No. 3-2017]
LOT AREA COVERAGE RATIO
The gross lot area coverage on a lot divided by the total lot area times 100.
[Added 3-21-2005 by L.L. No. 2-2005]
LOT, CORNER
A lot abutting upon two or more streets at their intersection.
LOT DEPTH
The distance from the front street line to the rear lot line measured perpendicular to the front street line from its midpoint. Where the front street line is curvilinear, the "lot depth" shall be measured perpendicular to its chord from the midpoint of its arc. In the case of triangular lots where there is no rear lot line, such rear lot shall be established perpendicular to the line of measurement of lot depth and shall not be less than 10 feet in length.
LOT FRONTAGE
The distance along which the front boundary of the lot and the street line are coincident. On a corner lot, the principal frontage shall be the shorter of the street frontages, measured from the point of intersection of the lot lines abutting such streets, or the projection of such lots to a point of intersection in appropriate cases.
LOT, INTERIOR
A lot whose side line or lines do not abut upon any street.
LOT, THROUGH
An interior lot having frontages on two streets.
LOT WIDTH
The minimum width of the lot measured perpendicular to the depth of the lot at the minimum zone setback line established for the district.
MAIN RESIDENTIAL STRUCTURE
Main or principal residential structure, inclusive of all heated living space, covered porches, covered patios and attached garages.
[Added 3-21-2005 by L.L. No. 2-2005; amended 3-21-2005 by L.L. No. 3-2005]
NONCONFORMING USE
Any building, structure or use of land lawfully existing at the time of enactment of this chapter, or any amendment thereto, which does not conform to the zoning regulations of the district in which it is located by reason of enactment of this chapter or subsequent amendment or because of alteration in street alignment.
PADDLE OR DECK TENNIS COURTS (OR SIMILARLY CONSTRUCTED COURTS)
Shall be considered structures.
PERSON
Includes an individual, corporation, association or partnership.[2]
POOL OR WATER POOL
A receptacle of water or an artificial pool of water having a depth at any point of more than two feet and a plane surface area of greater than 100 square feet, intended for the purpose of immersion or partial immersion therein of human beings and including all appurtenant equipment. The word "pool" shall be construed to mean an outdoor water pool.
PREMISES
A lot together with all buildings and structures thereon.
[Amended 3-21-2005 by L.L. No. 2-2005]
STORY
That portion of a building included between the surface of any floor and the surface of the floor above it, and, if there is no floor above it, then the space between such floor and the ceiling next to it.
[Amended 3-21-2005 by L.L. No. 2-2005]
STORY, ABOVE GRADE
Any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is:
[Added 3-21-2005 by L.L. No. 2-2005]
(1) 
More than six feet above grade plane.
(2) 
More than six feet above the finished ground level for more than 50% of the total building perimeter.
(3) 
More than 12 feet above the finished ground level at any point.
STORY, FIRST OR GROUND
The first story entirely above the level of the ground in front of the building.
STORY, HALF
A space under a sloping roof at the top of the building, the floor of which is not more than two feet below the plate.
STORY, TWO-AND-ONE-HALF
A building where the main eaves are below the mid-height of the third story.
STREET
A strip of public or private land devoted to vehicular and/or pedestrian movement, including the entire width of a road, right-of-way or easement, over which the abutting owners have the rights of access, air and light. A private driveway shall not be considered a street unless or until a right-of-way or easement for either vehicular or residential movement thereon is vested in more than one ownership.
[Amended 1-15-1990 by L.L. No. 1-1990]
STREET LINE
A dividing line between a lot, tract or parcel of land and a contiguous street. For the purposes of this chapter, a "street line" and a right-of-way line or easement line are the same.
[Amended 1-15-1990 by L.L. No. 1-1990]
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building, including but not limited to bearing walls or partitions, columns, beams or girders or any substantial change in the roof or in the exterior walls.
STRUCTURE
Any object constructed, installed or placed on, above or below a parcel of land for use, occupancy or ornamentation, including but not limited to buildings, sheds, decks, dwellings, mobile homes, trailers (whether movable or stationary), stadiums, tents, reviewing stands, communication towers and antennas, wind generators, solar heating devices, tennis courts, platforms, porches, staging, observation towers, gasoline pumps, standpipes, outside bins, pools, docks, walls, retaining walls greater than two feet in height, bulkheading, fences greater than six feet in height, trellises, pergolas, gates, gateposts, poles, signs, gazebos, pillars, cabanas/pool houses, hot tubs, outdoor fireplaces, nonportable barbecues, tanks and any fixtures, additions and alterations thereto. The word "structure" shall be construed as though followed by the word "or part thereof.
[Amended 6-8-1992 by L.L. No. 2-1992; 2-9-2009 by L.L. No. 3-2009]
USE
The purpose for which land or a building thereon is designed, arranged or intended for use or for which it is or may be occupied or maintained.
YARD
An open space on the same lot with a building or structure, which is unobstructed from the ground upward, except as may be otherwise specifically permitted in this chapter, which open space lies between the line of a building or structure and the lot line nearest thereto. In measuring a yard, the line of a building or structure shall be deemed to mean a line parallel to the nearest lot line which is drawn through the point of the building or structure closest to said lot line.
[Amended 10-16-2017 by L.L. No. 10-2017]
YARD, FRONT
An open, unoccupied space on the same lot with a building or structure, extending the full width of the lot and situated between the street line and the front line of the building or structure projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building or structure and the street line.
[Amended 10-16-2017 by L.L. No. 10-2017]
YARD, REAR
An open, unoccupied space on the same lot with a building or structure, extending the full width of the lot and situated between the rear line of the lot and the rear line of the main building or structure projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the main building or structure.
[Amended 10-16-2017 by L.L. No. 10-2017]
YARD, SIDE
An open, unoccupied space on the same lot with a building or structure, extending from the rear line of the front yard to the front line of the rear yard and situated between the side line of the main building or structure and the adjacent side line of the lot.
[Amended 10-16-2017 by L.L. No. 10-2017]
ZONING BOARD
The Zoning Board of Appeals of the Incorporated Village of Huntington Bay.
[1]
Editor's Note: The definition of "cellar," which immediately followed this definition, was repealed 3-21-2005 by L.L. No. 2-2005.
[2]
Editor's Note: The former definition of "Planning Board," which immediately followed this definition, was repealed 1-5-2012 by L.L. No. 9-2012.