The zoning regulations and districts as herein
established have been made in accordance with a comprehensive plan
for the purpose of promoting health, safety, morals and general welfare
in the Town of Huntington. They have been designed to lessen congestion
in the streets; to secure safety from fire, panic and other dangers;
to provide adequate light and air; to prevent the overcrowding of
land; to avoid undue concentration of population; to facilitate the
adequate provision of transportation, water supply, sewage disposal,
schools, parks and other public requirements. They have been made
with reasonable consideration, among other things, to the character
of the district and its peculiar suitability for particular uses,
and with a view to conserving the value of buildings and encouraging
the most appropriate use of land throughout the Town.
(A)
Word usage. Words used in the present tense include the future; words in the singular include the plural, and words in the plural include the singular. The word "building" includes the word "structure"; the word "shall" is mandatory; the word "lot" includes the word "plot." The word "chapter" when used herein shall mean this Chapter 198 of the Code of the Town of Huntington.
(B)
ACCESSORY BUILDING
ACCESSORY DWELLING UNIT
ACCESSORY USE
ADJACENT PARCEL
AFFORDABLE HOUSING PROGRAM ADMINISTRATOR
AMUSEMENT DEVICE
APARTMENT
APARTMENT HOTEL
ASSISTED LIVING FACILITY
ATTIC
AUTOMOTIVE REPAIR SHOP
AUTOMOTIVE SERVICE STATION
BATTERY(IES)
BATTERY ENERGY STORAGE SYSTEM
BASEMENT
BED-AND-BREAKFAST HOMESTAY
BISTRO
(1)
(2)
(3)
(4)
(5)
BOARDINGHOUSE
BUFFER
BUILDING
BUILDING AREA
BUILDING ENVELOPE
BUILDING FOOTPRINT
BUILDING INSPECTOR
BUILDING PERMIT
CANNABIS
CANNABIS, RECREATIONAL
CLUB, PRIVATE
CLUSTER DEVELOPMENT
COMMERCIAL PLACE OF RECREATION
COMMON OWNERSHIP
COMPREHENSIVE PLAN
CONGREGATE CARE FACILITY
CONSERVATION EASEMENT (CONSERVATION AREA)
CONSTRUCTION or DEVELOPMENT
CONVENIENCE MARKET
CONVEYANCE
COURT
COVENANTS AND RESTRICTIONS (C&R)
CRAWL SPACE
DAIRY
DAY CAMP
DEER FENCE
DOCUMENTED CAPITAL IMPROVEMENTS
DRIVE-IN RESTAURANT
DWELLING, MULTIPLE-FAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
ENERGY SYSTEM
EQUESTRIAN CENTER
FAMILY
(1)
(2)
(3)
(a)
(b)
(c)
(d)
[1]
[2]
[3]
[4]
[5]
(e)
EASEMENT
FARM
FENCE
FLAG LOT
FLOOR AREA, GROSS
(1)
(2)
FOOD SHOP
FREESTANDING WALL
FUEL CELL POWER SYSTEM
FULLY CONFORMING LOT(S)
GAME CENTER
GAME ROOM
GARAGE, RESIDENTIAL
GARAGE, NON-RESIDENTIAL
GRADE
GRADE PLANE
HABITABLE SPACE
HAMLET CENTER
HEIGHT OF ACCESSORY BUILDINGS
HEIGHT OF ACCESSORY STRUCTURES
HEIGHT OF BUILDING
HILLSIDE AREA (STEEP SLOPE)
HISTORIC DISTRICT
HISTORIC LANDMARK OR SITE
HOME OCCUPATION
(1)
(2)
(3)
(4)
HOOKAH LOUNGES AND VAPE LOUNGES
HOSPICE
HOTEL
INDIVIDUAL RESIDENTIAL BUILDING LOT
KENNEL
LIFE CARE COMMUNITY
LIGHT ASSEMBLAGE
LIGHT INDUSTRY
LOADING SPACE or LOADING BERTH
LODGER
LODGING HOUSE
LOT OR PARCEL
LOT AREA
LOT, CORNER
LOT COVERAGE, BUILDING
LOT COVERAGE, IMPERVIOUS
LOT DEPTH
LOT FRONTAGE
LOT, INTERIOR
LOT LINE
LOT LINE CHANGE
LOT MODIFICATIONS
LOT, THROUGH
LOT WIDTH
LOT YIELD
LUMINAIRE
MAIN BUILDING
MAIN DWELLING UNIT
MARINA
MERGED LOT
MONTHLY UTILITY ALLOWANCE
MOTEL, MOTOR COURT, MOTOR HOTEL, MOTOR LODGE
MUNICIPAL USE
NATURAL AREA
NONCONFORMING USE
NON-CONTRIBUTING STRUCTURE
NURSERY
NURSING HOME
OFFICIAL MAP
OPEN SPACE
OUTDOOR DINING ON THE TOWN'S RIGHT-OF-WAY, TEMPORARY
(1)
(2)
(a)
(b)
(3)
(4)
(5)
(6)
(7)
(8)
PARKING SPACE
PARKING STRUCTURE
PARKING STRUCTURE COVERAGE
PENNANT
PET DAY CARE CENTER
PLANNED INDUSTRIAL PARK
PLANNING BOARD
PORCH
PREMISES
PRINCIPAL FRONTAGE
RECREATIONAL USE
RELIGIOUS INSTITUTION
RESTAURANT
RESUBDIVISION
RETAINING WALL
RETAINING WALL, TIERED
RIGHT-OF-WAY (ROW)
ROOF
ROOFLINE
SATELLITE DISH ANTENNA
SCREENING (BUFFER STRIP)
SELF-SERVICE STORAGE FACILITY (or MINI STORAGE)
SENIOR HOUSING
SETBACK LINE
SHOPPING CENTER
SHORT TERM RENTAL
SIGN
SIGN, ANIMATED
SIGN AREA
SIGN, AWNING
SIGN, BALLOON
SIGN, BANNER
SIGN, BILLBOARD
SIGN, CHANGEABLE COPY
SIGN, CONSTRUCTION/DEVELOPMENT
SIGN COPY
SIGN, DIRECTIONAL
SIGN, DIRECTLY ILLUMINATED
SIGN, DIRECTORY
SIGN, FACIAL
SIGN, FLASHING
SIGN, FREESTANDING
SIGN, FUTURE BUSINESS
SIGN, HOME OCCUPATION
SIGN, IDENTIFICATION
SIGN, ILLUMINATED
SIGN, INDIRECTLY ILLUMINATED
SIGN, INTERIOR
SIGN, MARQUEE
SIGN, MENU BOARD
SIGN, MESSAGE BOARD
SIGN, MOBILE
SIGN, MONUMENT
SIGN, MOVABLE COPY
SIGN, MURAL
SIGN, NEON
SIGN, NON-COMMERCIAL
SIGN, OFF-PREMISES ADVERTISING
SIGN, PENNANT
SIGN, PORTABLE
SIGN, PROJECTING
SIGN, PUBLIC INFORMATION
SIGN, REAL ESTATE
SIGN, RESIDENTIAL SUBDIVISION OR SITE DEVELOPMENT IDENTIFICATION
SIGN, ROOF
SIGN, SANDWICH
SIGN, SUSPENDED
SIGN, TEMPORARY
SIGN, VISUAL IMAGE
SIGN, VEHICULAR
SIGN, WINDOW
SLOPE
SMOKING
STORY
STORY ABOVE GRADE PLANE
STREET
STREET LINE
STREET, MAJOR
STRUCTURAL ALTERATIONS
STRUCTURE
(1)
(2)
SUBDIVISION
SUBDIVISION, MAJOR
SUBDIVISION, MINOR
SWIMMING POOL
TAVERN/BAR
THROUGH LOT
USE
VAPE STORES
VEHICLE, ALTERNATIVE FUEL
VEHICLE, HYBRID
WETLANDS
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
YIELD MAP
ZONING BOARD
Definitions. For the purpose of this chapter, the
following terms and phrases shall have the meanings indicated:
[Amended 12-4-2007 by L.L. No. 41-2007]
A subordinate building, the use of which is clearly incidental
to or customarily found in connection with the main building or principal
use and which is located on the same lot as such main building or
principal use. An accessory building shall not exceed the size of
the main building. Accessory buildings shall not include features
which would allow habitation within the structure such as plumbing,
heating, fixed stairs, interior walls, insulation, wall coverings
on the inside of exterior walls, or design features such as a basement
or crawl space, a second story or an upper level. Habitable space
in accessory buildings is specifically prohibited.[1]
[Amended 4-8-2008 by L.L. No. 13-2008; 5-7-2013 by L.L. No.
10-2013]
The portion of the single family dwelling with a conditional
use established pursuant to a temporary "special use permit" to have
a secondary unit subordinate to the main dwelling unit and is the
subject of a valid accessory unit permit issued by the Town of Huntington.
[Added 7-16-2019 by L.L.
No. 33-2019]
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.
For the purpose of the merger of lots, the term adjacent
parcel shall mean one parcel which abuts another parcel for a common
course of ten (10) feet or greater.
[Added 2-10-2015 by L.L.
No. 16-2015]
The Town of Huntington Community Development Agency or other
affordable housing administrator approved by the Town Board.
[Added 3-9-2010 by L.L. No. 5-2010]
Any mechanical, electrical or electronic device upon which
any game or contest of skill or amusement may be played upon payment
of a fee, charge or other consideration, directly or indirectly, including
but not limited to pinball machines, electronic or video games, air
hockey machines and table bowling machines.
[Added 9-28-1982 by Ord. No. 82-ZC-119]
A part of a building consisting of a room or suite of rooms
intended, designed or used as a residence by an individual or group
of individuals, and containing cooking facilities including but not
limited to one or more of the following: an oven, convection oven,
stove, stove top, microwave, toaster oven, hot plate and similar devices
used for cooking and/or heating food.
[Amended 11-9-2011 by L.L. No. 31-2011]
A building arranged for or containing apartments with or
without housekeeping facilities and which furnishes services ordinarily
provided by hotels, such as maid, desk and laundry service, and may
include a dining room with internal entrance, primarily for use of
tenants of the building. An apartment hotel shall not include public
banquet halls, ballrooms or meeting rooms.
A facility licensed by the New York State Department of Health
to provide assisted living services, which in addition to congregate
care services typically include full-time supervision, individual
case management, assistance with daily life activities, and assistance
with medication.
[Added 6-11-2008 by L.L. No. 17-2008]
The unfinished space located, in whole or in part, between
the ceiling joists of the top habitable story of a building and the
roof rafters.
[Added 5-7-2013 by L.L. No. 10-2013]
An establishment in which the principal activity is the general
servicing and repair of motor vehicles, including regular maintenance;
sales, installation and replacement of parts and accessories; motor,
transmission, chassis, rear and front end repair and overhaul; body
and fender repair and painting.
An establishment in which the principal activity is the retail
sale of gasoline, oil, grease and petroleum products and the motor
vehicle servicing related to such sales. An automotive service station
use shall be deemed to include the retail sale and installation of
tires, tubes, lamps and ignition parts, batteries and other minor
repairs. Servicing and repair activity shall not include motor, transmission
or rear or front end overhauls, nor body and fender repair or painting.
A single cell or a group of cells connected together electrically
in series, in parallel, or a combination of both, which can charge,
discharge, and store energy electrochemically. For the purposes of
this law, batteries utilized in consumer products are excluded from
these requirements.
[Added 10-20-2020 by L.L
No. 38-2020]
One or more devices, assembled together, and which through
the use of batteries are capable of storing energy in order to supply
electrical energy at a future time, not including a stand-alone 12
volt car battery or an electric motor vehicle. A battery energy storage
system includes any building, structure, or cabinet containing some
or all of its components, which shall further include any electronic
management equipment that functions to protect the battery energy
storage system and/or disconnect it in the event of potentially hazardous
conditions.
[Added 10-20-2020 by L.L
No. 38-2020]
Battery energy storage systems shall be classified as follows:
|
Battery Technology
|
Aggregate Capacity
|
---|---|
Lead-acid batteries, all types
|
70 kWh and upwards
|
Nickel-cadmium batteries
|
70 kWh and upwards
|
Nickel metal hydride (Ni-MH)
|
70 kWh and upwards
|
Lithium-ion batteries
|
20 kWh and upwards
|
Flow batteries
|
20 kWh and upwards
|
Other battery technologies
|
10 kWh and upwards
|
Capacitor and other electrochemical energy storage systems
|
3 kWh and upwards
|
That space of a building that is partly or completely below
grade [which] and does not meet the definition of a story above grade
plane. The term "basement" is used interchangeably with the term "cellar".
[Amended 1-26-1999 by L.L. No. 2-1999; 5-7-2013 by L.L. No.
10-2013]
A building, originally built as, and which current principal
use is as, a residence, converted into an establishment providing
no more than four (4) rooms within such a house, with separate or
shared bathrooms, for the overnight accommodation of travelers. The
only food service shall be breakfast for overnight guests only.
[Added 6-10-1997 by L.L. No. 3-1997; amended 8-15-2017 by L.L. No.
35-2017]
A commercial establishment not greater than 2,500 square
feet total gross floor area, and located outside of a hamlet center
as defined in the Horizons 2020 Comprehensive Plan, which is open
to the general public for the preparation, service and consumption
of food, and shall, subject to the issuance of an assembly permit,
at all times provide:
[Added 1-12-2016 by L.L.
No. 4-2016; amended 4-5-2016 by L.L. No. 13-2016]
Kitchen facilities for food service; and
Seating with tables and chairs, excluding bar stools or counter
service, for ninety (90%) percent of the persons who may lawfully
occupy the premises, and limited to one (1) chair for every 65 square
feet of total gross floor area; and
Parking at the rate of one (1) space for every 200 square feet of total gross floor area. Bistros within three hundred (300) feet of a municipal parking lot may be granted a special exception to provide for part or all of the parking requirements pursuant to § 198-44(A); and
[Amended 5-9-2017 by L.L.
No. 19-2017]
No drive through access service; and
No more than five percent (5%) of the total gross floor area
that is open to the public can be used for the display of prepackaged
retail products.
A dwelling where lodging, or lodging and meals, is or are
provided for compensation for not more than five (5) persons, with
no individual cooking facilities and no accommodations for transient
guests.
Land maintained in either a natural or landscaped state and
used to screen and/or mitigate the impacts of development on surrounding
areas, properties, or rights-of-way.
[Added 3-9-2010 by L.L. No. 4-2010]
Any structure designed for the housing or enclosure of persons
or property of any kind.
The total of areas measured in a horizontal plane at the
main grade level of the principal building and all accessory buildings.
The three-dimensional space within which a main or principal
structure is permitted to be built on a lot. The Building Envelope
is defined or delineated by maximum height regulations and minimum
yard setbacks.
[Added 2-10-2015 by L.L.
No. 16-2015]
The amount of land covered, or proposed to be covered, on
a lot by a principal building and attached accessory structures. A
principal building shall be measured along the plane of its outermost
boundaries, whether or not such boundaries are located on, below or
above the ground on pilings, on a slab, or any combination thereof.
For the purpose of this article, an attached garage or other structure
attached to the principal building, including but not limited to carports,
porches, pergolas, greenrooms, sunrooms and any habitable space shall
be considered part of the footprint. The eaves of a roof that project
beyond a principal building; patios; decks and arbors shall not be
considered part of the footprint.
[Added 2-10-2015 by L.L.
No. 16-2015]
The Director of the Department of Engineering Services, the
Director of the Department of Public Safety, their designees, and
any other official designated to administer and enforce the provisions
of this Chapter.[2]
[Amended 2-6-1979 by Ord. No. 79-ZC-91; 5-7-2002 by L.L. No. 13-2002; 4-19-2005 by L.L. No. 11-2005]
Written permission issued by the Department of Engineering
Services for the construction, repair, alteration, modification, or
addition of or to a structure.[3]
[Added 2-10-2015 by L.L.
No. 16-2015]
All parts of the plant of the genus Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination. It does not include
hemp, cannabinoid hemp or hemp extract as defined in section three
of the New York State Cannabis Law or drug products approved by the
Federal Food and Drug Administration.
[Added 12-14-2021 by L.L. No. 66-2021]
All cannabis that is not for certified lawful medical purposes
in accordance with Title V-A of Article 33 of the New York State Public
Health Law or Article 3 of the New York State Cannabis Law.
[Added 12-14-2021 by L.L. No. 66-2021]
Buildings and facilities owned and operated by a membership
corporation, association or fraternal order for the purpose of accommodating
recreational, athletic, social, literary or similar activities. A
private club shall not be operated primarily for profit nor regularly
render services to the general public.
A subdivision plat in which the zoning regulations are modified
to provide an alternative permitted method for the layout, configuration
and design of lots, buildings and structures, roads, utility lines
and other infrastructure, parks, and landscaping in order to preserve
the natural and scenic qualities of open lands.
[Added 3-9-2010 by L.L. No. 4-2010]
A recreational facility open to the general public for a
fee, including but not limited to motion-picture theaters, billiard
parlors, miniature golf courses, bowling alleys, slot car racing establishments,
fitness centers and health clubs, indoor pools, gymnastics centers,
indoor sports and indoor adventure parks, except that drive-in theaters
are specifically prohibited.
[Added 7-21-2020 by L.L. No. 22-2020]
When two (2) or more parcels of land are held, entirely by
the same person or persons, or, in whole or in part, by the same business,
company, partnership, corporation or other entity (whether for-profit
or not-for-profit).
[Added 2-10-2015 by L.L.
No. 16-2015; amended 7-11-2017 by L.L. No. 31-2017]
Pursuant to Section 272-a of Town Law, a comprehensive plan
consists of the materials, written and/or graphic, including but not
limited to maps, charts, studies, resolutions, reports and other descriptive
material that identify the goals, objectives, principles, guidelines,
policies, standards, devices and instruments for the immediate and
long-range protection, enhancement, growth and development of the
Town. The comprehensive plan shall include any part of such plan separately
prepared or any amendment to said plan.
[Added 2-10-2015 by L.L.
No. 16-2015]
A facility providing living accommodations and household
services for persons 62 years of age or older or for persons with
an Individual Service Plan (ISP) approved by the New York State Office
for People With Developmental Disabilities (NYS OPWDD) regardless
of age.[4]
[Added 1-26-1993 by Ord. No. 92-ZC-297; amended 3-3-1998 by L.L. No. 8-1998; 6-11-2008 by L.L. No. 17-2008; 3-21-2017 by L.L. No. 11-2017]
An easement, covenant, restriction, or other interest in
property which limits or restricts development, management, or use
of such property for the purpose of preserving or maintaining the
scenic, open, historic, archaeological, architectural, or natural
condition, character, significance or amenities of the property in
a manner consistent with the intent of this chapter.
[Added 3-9-2010 by L.L. No. 4-2010]
Activities which include the erection or creation of buildings,
structures, and other physical improvements, and the clearing and/or
grading of land.
[Added 2-10-2015 by L.L.
No. 16-2015]
A retail establishment which sells food and beverages, prepackaged
or packaged within the establishment, and in a ready to consume state
which may also sell newspapers, magazines and/or other sundries of
a convenience nature.
[Added 6-6-2011 by L.L. No. 20-2011]
A transfer of title, in whole or in part, to real property,
with or without consideration.
[Added 2-10-2015 by L.L.
No. 16-2015]
An open space which may or may not have direct street access
and around three (3) or more sides of which is arranged a single building
or a group of related buildings.
A permanent or temporary restriction on the use of land,
usually set forth in the deed or supplemental document filed in the
office of the County Clerk.
[Added 2-10-2015 by L.L.
No. 16-2015]
An area under a building that is unenclosed by walls or is
enclosed by walls and at no point are the walls greater than three
(3) feet in height. Any enclosed space with walls greater than three
(3) feet in height is a basement.
[Added 5-7-2013 by L.L. No. 10-2013]
An agricultural activity in which cattle are kept or raised
for the production of milk and milk products and/or the processing
and bottling of milk or milk products. The bottling of fruit juices,
fruit drinks and water shall be allowed only when incidental to the
primary activity of pasteurizing and bottling milk and milk products.
No bottling of other types of beverages of any nature, including but
not limited to carbonated or alcoholic beverages, shall be permitted.
[Amended 11-27-1973 by Ord. No. 73-ZC-49]
A facility which is primarily used for providing recreational
or educational opportunities to children when schools are not in session.
[Added 5-11-2021 by L.L. No. 26-2021]
A commercially-approved fence, the sole purpose of which
is to protect gardens, vegetation and yards from deer, designed as
to be invisible or open when viewed from a distance. Materials such
as razor wire, barbed wire, chicken wire, chain links, cloth, canvas,
and electrically-charged mechanisms, may not be used as, nor a part
of, a deer fence.
[Added 8-11-2021 by L.L. No. 39-2021]
Improvements defined by the United States Internal Revenue
Service in IRS Publication 530 or equivalent.
[Added 3-9-2010 by L.L. No. 5-2010]
A retail food dispensing or eating establishment where food
or drinks are served mainly in disposable containers, or where patrons
are permitted to park cars on the premises for the purpose of being
served or sold food or drinks therein or for the purpose of consuming
food or drinks outside the building but on the premises, or where
the patron may approach the building for the purpose of transacting
the purchase of foodstuffs or drinks of any kind without leaving the
vehicle, or combination of the foregoing types whether or not there
are eating counters or tables inside or outside the building.
[Amended 9-26-1972 by Ord. No. 72-ZC-38]
A building or group of buildings designed for or occupied
exclusively by three (3) or more families living independently of
each other.
A building designed for use or occupied exclusively by one
(1) family.
A building designed for or occupied exclusively by two (2)
families living independently of each other.
A room or group of rooms occupied or intended to be occupied
as separate living quarters by a family.
For the purpose of § 198-68.3, a reference to Energy System shall mean either or both of a Battery Energy Storage System or Fuel Cell Power System.
[Added 10-20-2020 by L.L
No. 38-2020]
lands, buildings and structures for the shelter, exercise,
keeping, and riding of horses, ponies or mules, with related pasture
lands, corrals and trails.
[Added 4-13-2021 by L.L. No. 20-2021]
[Amended 4-19-2005 by L.L. No. 10-2005]
It shall be presumptive evidence that four (4)
or more persons living in a single non-profit dwelling unit who are
not related by blood, marriage or legal adoption or legal foster relationship
do not constitute the functional equivalent of a traditional family.
In determining whether individuals are living
together as the functional equivalent of a traditional family, the
following criteria shall be present:
The group is one which in theory, size, appearance,
structure and function resembles a traditional family unit;
The occupants must share the entire dwelling
unit and live and cook together as a single non-profit housekeeping
unit. A unit in which various occupants act as separate roomers may
not be deemed to be occupied by the functional equivalent of a traditional
family;
The group shares expenses for food, rent or
ownership costs, utilities, and other household expenses;
The group is permanent and stable. Evidence
of such permanence and stability include, but are not limited to:
Members of the household have the same address
for purposes of voter's registration, driver's license, motor vehicle
registration and filing of taxes;
Members of the household are employed in the
area;
The household has been living together as a
unit for a year or more whether in the current dwelling units or other
dwelling units;
There is common ownership of furniture and appliances
among the members of the household; and
The group is not transient or temporary in nature;
Any other factor reasonably related to whether
or not the group is the functional equivalent of a family.
An authorization established by legal document and sometimes
also by real estate deed to permit the use of land by the public,
a corporation or particular individual or entity for specified uses.
It must properly describe the property, use, areas within the nature
of the easement, and term. An easement must be accepted by the Town
and filed with the Suffolk County Clerk to satisfy a requirement of
an approval.
[Added 2-10-2015 by L.L.
No. 16-2015]
The use of land or buildings either as a principal or accessory
activity for the production of vegetative crops, such as but not limited
to grains, field crops, market garden crops, fruits, sod and fiber
plants, and in which the maintenance or keeping of poultry or farm
animals is accessory and incidental to the use of the premises for
agricultural or residential purposes. For the purposes of this chapter,
a farm shall not include any plant or other facility for the processing
of any product, except as necessary to crate, package or prepare the
raw products grown on the premises for market. Farming shall not include
the commercial raising of dogs, cats, fur-bearing animals or dairy
cattle. For the purposes of this chapter, the operation of greenhouses
shall not be considered as farming.
An enclosing framework bearing pickets, boards, rails, chainlink
or other material as a means of barring passage or for aesthetic purposes.
[Added 1-9-2007 by L.L. No. 4-2007]
An interior lot located to the rear of another lot, with
a narrow portion of the lot ("flagpole") extending to a public street
to provide vehicular and/or pedestrian access.
[Added 2-10-2015 by L.L.
No. 16-2015]
[Amended 8-21-1990 by Ord. No. 90-ZC-240; 5-7-2013 by L.L. No.
10-2013]
Commercial, business and industrial buildings,
buildings containing mixed uses, or any non-residential use. The sum
of the gross horizontal areas of the several floors of a building,
measured from the exterior faces of the exterior walls or from the
center line of walls separating two (2) buildings. Gross floor area
includes stories above grade and garages but does not include attic
space providing headroom of less than seven (7) feet or basement space
used for utility installation or for storage, except that the area
of basement space occupied by a minor accessory use such as an employee
lounge, employee day-care center or employee gym facility shall not
be included in the calculation where no such use, either combined
or individually, occupies an area totaling more than five (5%) percent
of the gross floor area of all the other floors and where the use
shall be limited to the building's employees only. Included in the
calculation for gross floor area shall be any and all outside areas
used for public assembly accessory to the primary use of the building.
Residential buildings. The gross horizontal
area of the several floors of a house or multi-family residential
building, excluding garages, attics, basements, and open porches,
measured from the exterior walls.
Any retail establishment that has parking at the rate of one (1) space per two hundred (200) square feet of gross floor area and whose function is to provide prepared food for public consumption, including but not limited to sandwiches, soups, salads, pizza, bagels, donuts, ice cream, shakes, yogurt, fish or other foods, as well as prepackaged foodstuffs; and which provides customer seating at tables or counters for the on-premises consumption of food or beverages for no more than fifteen (15) patrons. Premises providing seating for more than fifteen (15) patrons shall be considered to be restaurants, bistros, taverns or bars. Food shops shall not provide outside seating or dining without first obtaining a special use permit pursuant to § 198-68A(22). Food shops within three hundred (300) feet of a municipal parking facility shall be exempt from additional parking requirements, unless located in a shopping center.
[Added 12-15-1992 by Ord. No. 92-ZC-291; amended 1-12-2016 by L.L. No.
4-2016; 2-1-2022 by L.L. No. 3-2022]
A wall or partition (other than a fence) which is constructed
of masonry, concrete, stone or other material of similar mass and
which is not part of a building, does not retain or support adjoining
earth, and is customarily used, by its design, location or construction,
to bar passage or for aesthetic or privacy-seeking purposes.
[Added 1-9-2007 by L.L. No. 4-2007]
A stationary energy generation system that converts the chemical
energy of a fuel and oxidant to electric energy (DC or AC electricity)
by an electrochemical process.
[Added 10-20-2020 by L.L
No. 38-2020]
A lot or lots on a subdivision map that meets all of the
requirements of the Town Code and Planning Board's "Subdivision Regulations
and Site Improvement Specifications," including but not limited to
lot area, side, rear and front yard setbacks, as well as lot width
at the setback.
[Added 10-15-2002 by L.L. No. 54-2002]
A premises, or portion thereof, used or intended to be used
for the operation of more than three (3) amusement devices.
[Added 9-28-1982 by Ord. No. 82-ZC-119]
A portion of a premises used or intended to be used for the
operation of not more than three (3) amusement devices, supplementary
and subordinate to the permitted principal use of the premises therein.
[Added 9-28-1982 by Ord. No. 82-ZC-119]
An accessory building or part of a building traditionally
designed or used for the storage of motor vehicles owned and used
by the occupants of the residential building to which it is accessory.
In R-15, R-10, R-7 and R-5 Districts, garage space for two (2) motor
vehicles may be provided for a one-family or two-family home. In R-80,
R-40 and R-20 Districts, garage space for three (3) motor vehicles
may be provided for a one-family or two-family home. In any other
zoning district, garage space for two (2) motor vehicles may be provided
for each dwelling unit. In any residence district, a detached garage
shall be one (1) story and have only one (1) floor level, shall provide
not more than three hundred (300) square feet for each motor vehicle
accommodated and shall not exceed the gross floor area of a permitted
accessory building. Nothing contained herein shall be construed to
permit the use of detached residential garages as habitable space,
and same is specifically prohibited. A residential detached garage
may provide space for storage on the same floor.
[Amended 1-26-1999 by L.L. No. 2-1999; 5-7-2013 by L.L. No.
10-2013]
A building or portion thereof, other than a residential or
municipal garage, designed or used for equipping, repairing, renting,
parking or storing motor vehicles.
[Amended 5-7-2013 by L.L. No. 9-2013]
The elevation above or below mean sea level of the finished
surface of the ground at a particular point.
[Amended 5-7-2013 by L.L. No. 10-2013]
A reference plane representing the average grade adjacent
to the exterior walls of a building. Where the finished ground level
slopes away from the exterior walls, the reference plane shall be
established by the lowest points within the area between the building
and the lot line or, where the lot line is more than six (6) feet
from the building, between the building and a point six (6) feet from
the building.
[Added 5-7-2013 by L.L. No. 10-2013]
Space in a structure for living, sleeping, eating or cooking.
Closets, halls, storage or utility spaces, and similar areas are not
considered habitable spaces.
[Added 5-7-2013 by L.L. No. 10-2013]
An area mapped and identified as a hamlet center in the Horizons
2020 Comprehensive Plan.
[Added 6-6-2011 by L.L. No. 20-2011]
The vertical distance measured from the grade plane as follows:
to the highest point of a flat roof; to the ridge for gable and hip
roofs; or to the ridge for gambrel and mansard roofs in all zoning
classifications.
[Added 5-7-2013 by L.L. No. 10-2013]
The greatest vertical distance measured from any grade under
or adjacent to the structure to the highest portion of the structure
above that point.
[Added 5-7-2013 by L.L. No. 10-2013]
The vertical distance measured from the grade plane as follows:
to the highest point of a flat roof; to the mean point between the
plate line and ridge for gable and hip roofs; or to the mean point
between the purlin and ridge for gambrel and mansard roofs.
[Amended 12-30-1969 by Ord. No. 69-ZC-2; 1-26-1999 by L.L. No. 2-1999; 5-7-2013 by L.L. No. 10-2013]
A geographical area, whether natural or manmade and whether
on one (1) or more lots, having an average slope of ten (10%) percent
or greater, extending over a horizontal length of at least 25 feet
and a horizontal width of at least 25 feet. For the purpose of this
Article, a slope of ten (10%) percent shall be equivalent to a vertical
rise of two (2) feet in a horizontal distance of twenty (20) feet.
[Added 2-10-2015 by L.L.
No. 16-2015]
A designated historic area within defined geographic boundaries
containing multiple properties which contains one (1) or more historic
landmarks and may also contain some non-contributing structures, where
the collection of multiple properties or the inclusion of certain
parcels of land contributes to and reinforces the historic, architectural,
and/or aesthetic characteristics of individual historic landmarks
and the historic district as a whole.
[Added 10-21-2014 by L.L. No. 37-2014]
A parcel of land, whether or not developed, including its
topographical features, earthworks and landscaping, or a structure
designated as a "historic landmark."
[Added 10-21-2014 by L.L. No. 37-2014]
Any occupation or activity which is clearly accessory and
incidental to the use of the premises for dwelling purposes as the
principal place of abode of the practitioner and which is carried
on wholly within a building by one (1) or more members of the family
residing on the premises, and in connection with which there is no
advertising other than an identification sign and no other display
or exterior storage of materials or variation from the residential
character of the building. Not more than two (2) persons outside the
family shall be employed, and no equipment shall be used which creates
offensive noise, vibration, smoke, dust, odors, heat, glare or electronic
interference.
When, within the above requirements, a home
occupation includes but is not limited to the following: an artist's
studio, but not including an art gallery; dressmaking; a professional
office of a physician, dentist, lawyer, architect, engineer, accountant
or other similar occupation deemed similar by the Zoning Board by
reason of education, training and experience; and teaching, with musical
instruction limited to one (1) or two (2) pupils at a time.
A home occupation shall not be interpreted to include barbershops, beauty parlors, except as provided in Article XI, or restaurants.
A "home occupation" shall not use more than
fifty (50%) percent of the main floor area of the principal building.
A "home occupation" shall not be interpreted
to include animal clinics, professional offices of a veterinarian
or the practice of veterinary medicine.
[Added 3-9-1971 by Ord. No. 71-ZC-11]
Any facility or location whose business operation, and its
principal use, include the on-site indoor smoking of electronic cigarettes,
vape pens, vapors, e-liquids, or other substances.
[Added 9-27-2016 by L.L.
No. 41-2016; amended 12-14-2021 by L.L. No. 66-2021; 5-9-2023 by L.L. No. 7-2023]
A facility designed to give palliative care to terminally
ill persons.
[Added 7-2-2002 by L.L. No. 24-2002]
A building in which lodging, or boarding and lodging, is
or are provided for persons primarily transient and offered to the
public for compensation, and in which ingress and egress to and from
all rooms is made through an inside lobby or office supervised by
a person in charge at all hours. A "hotel" may include an accessory
restaurant or coffee shop or other facilities primarily for the service
of tenants.
A parcel of land for residential development of one-family
or two-family dwellings in all zoning districts, including development
in the C-1, C-3, C-4 and C-8 districts, and any zoning district created
in the future where one- or two-family dwellings are proposed or exist.
[Added 2-10-2015 by L.L.
No. 16-2015]
A use, structure or building for the keeping, raising, breeding
or boarding of dogs or cats or of other animals which may be considered
household pets. No more than four (4) such animals are permitted in
residentially-utilized properties; however, in the case of a litter,
more than four (4) animals are permitted on such properties for a
period of no more than eight (8) weeks, or as otherwise deemed reasonable
by the enforcement officer.
[Amended 4-25-2006 by L.L. No. 15-2006]
A community containing a mix of senior housing, congregate
care units, assisted living units, and/or nursing home beds, where
occupants move from one unit to another as their need for services
changes. These communities shall contain either an assisted living
facility or nursing home, or both, on site, and the senior housing
shall not exceed fifty (50%) percent of the total gross floor area
of all of the buildings (including accessory buildings) on the site.
[Added 6-11-2008 by L.L. No. 17-2008]
Any and all parts of a luminaire that function to produce
light, including the bulb, assembly, ballast, carriage, mounting features
and/or pole.
[Added 1-8-2013 by L.L. No. 2-2013]
The manufacture, assembly, compounding, processing or packaging
of goods or products from raw materials refined elsewhere, in which
the goods produced are generally of high value in relation to bulk
and which does not generate offensive noise, vibration, glare, dust,
smoke, gas or other effluent.
A space within the main building or on the same lot providing for the standing, loading or unloading of trucks. See § 198-53, Design standards.
[Amended 6-6-1995 by Ord. No. 95-ZC-194]
A transient other than a hotel, motel or bed and breakfast
guest, who has mere use without actual or exclusive possession to
sleep temporarily within a property for compensation.
[Added 4-19-2005 by L.L. No. 10-2005]
A property and/or the structures upon it, other than a hotel,
motel or bed and breakfast, within which lodgers are provided space
for sleeping, for compensation.
[Added 4-19-2005 by L.L. No. 10-2005]
A portion of land within defined boundary lines.
[Amended 2-10-2015 by L.L. No. 16-2015]
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 right-of-way.
A lot abutting on two (2) or more streets at their intersection.
That part of the lot that is covered by all buildings, inclusive
of parking structures.
[Added 2-10-2015 by L.L.
No. 16-2015]
That part of the lot that is covered by all impervious surfaces.
[Added 2-10-2015 by L.L.
No. 16-2015]
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 line shall be established perpendicular to the line of measurement
of "lot depth" and shall not be less than ten (10) feet in length.
The distance along which the boundary of a lot and a street
line are coincident (where the property line and the public right-of-way
meet). Lot frontage for corner lots shall be measured from the point
of intersection of the lot lines abutting such streets or the projection
of such lot lines to a point of intersection in appropriate cases.
[Amended 10-15-2002 by L.L. No. 54-2002; 12-4-2007 by L.L. No. 41-2007]
A lot whose side line or lines do not abut on any street.
Any line dividing one lot from another or from the street
right-of-way or other public space.
[Added 2-10-2015 by L.L.
No. 16-2015]
A process where the lot line between adjacent parcels of
land, which are or are not developed but are "fully conforming," is
moved by action of the Planning Board. In no case shall a lot line
change result in more lots than the original number, nor may this
process intensify or create a nonconformity in any of the lots in
question. A lot line change should result in lots that are generally
better configured than the original and/or solve property line questions.
[Added 10-15-2002 by L.L. No. 54-2002; amended 2-10-2015 by L.L. No.
16-2015]
Lot dimensions and/or building setbacks that deviate from
the Town Code for the zone in which the land is situated in accordance
with Section 278 of New York State Town Law.
[Added 2-10-2015 by L.L.
No. 16-2015]
An interior lot having frontages on two (2) streets, in which
case both frontages must meet the frontage, setback and lot width
requirements for the district in which the lot is being created.
[Added 10-15-2002 by L.L. No. 54-2002]
The width of a lot measured perpendicular to the depth of
a lot at the front yard setback line established from the principal
frontage.
[Amended 12-4-2007 by L.L. No. 41-2007]
The number of lots permitted in a subdivision as determined
by calculating the lots based upon a map fully conforming to all appropriate
regulations, including New York State Town Law, New York State Department
of Environmental Conservation wetlands regulations. Town of Huntington
zoning law, and any applicable variances and special use permits granted
by the Town of Huntington Zoning Board of Appeals.
[Added 2-10-2015 by L.L.
No. 16-2015]
The complete light assembly (including the bulb, housing,
ballasts, photocells, housing, reflectors, lens and shields), less
the support assembly (pole or mounting bracket).
[Added 1-8-2013 by L.L. No. 2-2013]
A building containing the principal use of a property.
[Added 12-4-2007 by L.L. No. 41-2007]
The portion of the single family dwelling with the originally
permitted use associated with the certificate of occupancy or letter
in lieu pertaining to the original structure and is the subject of
a valid certificate of occupancy or letter in lieu.[5]
[Added 7-16-2019 by L.L.
No. 33-2019]
A boat basin or pier, or series of piers or floats, with
facilities for berthing, launching and securing privately owned recreational
craft.[6]
A lot formed by the consolidation of two or more formerly
separate, adjacent parcels under common ownership into one larger
parcel in accordance with the provisions of this Chapter.
[Added 2-10-2015 by L.L.
No. 16-2015]
The Section 8 Existing Housing Allowances for Tenant-Furnished
Utilities and Other Services established for the Town of Huntington
by the United States Department of Housing and Urban Development.
[Added 3-9-2010 by L.L. No. 5-2010]
Same as hotel, except that the building or buildings are
designed to provide only rental accommodations to serve transient
persons traveling by automobile and that parking facilities adequate
to serve all rentable units are provided on-site.
A use or facility operated for the benefit of the public
by the Town or by a public district within the Town, which derives
all or part of its revenues from local property assessment.
A portion of land preserved in its natural state in perpetuity
for environmental purposes. Wetlands, floodplains, watersheds, woodlands,
wildlife habitat, scenic viewsheds, groundwater protection areas,
undeveloped historic and archaeological sites, and steep slopes can
be examples of natural areas.
[Added 3-9-2010 by L.L. No. 4-2010]
Any building, structure or use of land lawfully existing
and actually in use; and such use not having lapsed 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 the enactment of this chapter or subsequent amendment
or because of alteration in street alignment. The lack of parking
for any proposed use shall not cause an otherwise permitted use to
be deemed non-conforming.[7]
[Amended 6-14-2022 by L.L. No. 16-2022]
A structure in a historic district or on property designated
as a historic landmark which does not possess historic, architectural
or aesthetic significance on its own but by its location or design
may impact historic landmarks around it.
[Added 10-21-2014 by L.L. No. 37-2014]
An agricultural enterprise wherein trees or shrubs or other
ornamental plants are field-grown for profit. A greenhouse shall not
be part of a nursery enterprise except where accessory and subordinate
to the principal activity of growing stock out of doors, and used
principally for the propagation of such stock. Any greenhouse wherein
flowers are offered for sale at retail to the public shall be considered
a commercial enterprise.
A facility licensed as a nursing home by the New York State
Department of Health and providing full-time skilled nursing care.
[Added 6-11-2008 by L.L. No. 17-2008]
The map established by the Huntington Town Board pursuant
to Article 16, Section 270 and 273 of the Town Law showing zoning,
streets, highways, parks and drainage, both existing and proposed.
[Added 2-10-2015 by L.L.
No. 16-2015]
A portion of land where buildings and roadways are prohibited.
Open space shall include natural areas, agricultural fields, parks,
playgrounds, athletic fields, and landscaped areas such as lawns and
buffer strips.
[Added 3-9-2010 by L.L. No. 4-2010]
Notwithstanding any other section of this Town Code and at
the discretion of the Director of Engineering Services, a temporary
permit may be issued to use the Town's right-of-way (sidewalk) for
outdoor dining, as part of a restaurant, delicatessen or other eating
establishment for the consumption of food and beverage, provided that:
[Added 5-19-1998 by L.L. No. 22-1998; amended 12-10-2002 by L.L. No. 67-2002]
As part of any approval granted under this subsection,
to ensure public safety and the maintenance of the character and value
of property in the neighborhood, the Director of Engineering Services
shall consider and may impose any special requirements for the control
of traffic, noise, lighting, littering or hours of operation which
are found necessary for the protection of surrounding properties.
The applicant for a temporary permit for outdoor
dining shall submit a fee of two hundred ($200) dollars along with
a sketch showing the number of tables and chairs and approximate area
and proposed seating plan that shows where the outdoor dining will
be located (on the Town's right-of-way).
The permit shall be issued for a period beginning
January 1 and ending December 31 for the current year, or portion
thereof, only and is renewable each year.
Any violation of any condition either imposed
by the permitting agency or in this Code shall be cause for revocation
of the permit for outdoor dining (e.g., the outdoor dining may not
be located in an area of required parking, setbacks, buffers or any
area designated by any board of the Town for some other use).
This permit allows outdoor dining only on the
Town of Huntington's right-of-way (sidewalk), and chairs and tables
shall not obstruct the passage of at least two (2) individuals walking
side-by-side along that sidewalk.
Three (3) occurrences of any one (1) or a combination
of the following: rowdy behavior, blocking the passage of pedestrians
or littering, as observed and cited by Town inspectors or Police Department
personnel, shall be cause for revocation of the permit.
If the outdoor dining shall be located on the
Town's right-of-way (sidewalk), then the applicant for the permit
shall submit a certificate of insurance, along with the application,
naming the Town of Huntington as an additional named insured. A certificate
of insurance evidencing such coverage and providing proof that the
Town of Huntington is an additional insured shall be provided by the
applicant to the Huntington Director of Engineering Services before
the granting of the requested permit. Said coverage shall remain in
full force and effect for the term of the permit.
As a condition of the granting of the temporary
outdoor dining permit, the applicant agrees to indemnify and hold
the Town of Huntington, its agents, servants and/or employees harmless
from and against all claims, including reasonable attorney fees and
liability for property damage and/or personal injury, including death,
arising out of or in connection with the applicant's use and occupancy
of the Town's right-of-way as contemplated by the permit herein described.
The applicant shall not install any permanent
obstructions or barriers on the Town's right-of-way.
The building in which the restaurant is located
shall have a certificate of occupancy (permitted use) for the current
establishment before applying for the temporary outdoor dining permit.[8]
A surfaced area, enclosed in a building or unenclosed, having
an area of not less than three hundred fifty (350) square feet, including
driveways, designed for the temporary storage of one (1) automobile
and connected with a street by an all-weather surfaced driveway which
affords satisfactory ingress and egress.
A building which houses or encloses motor vehicles which
are the personal property of the persons visiting a site. A parking
structure must meet all of the height and setback requirements of
the primary structure for the zoning classification in which the subject
property is located, unless otherwise stated. Each level in a building
constructed to be a parking structure that has a floor and ceiling
or floor above, including the level at grade, shall be considered
a story.
[Added 6-11-1996 by L.L. No. 9-1996]
That area of a site which is covered, by a structure for
the parking of motor vehicles.
[Added 2-9-1993 by Ord. No. 92-ZC-292]
See SIGN, PENNANT.
[Added 6-20-2006 by L.L. No. 19-2006]
A business that provides daily boarding and care of dogs
or cats or of other animals which may be considered household pets
as defined in § 198-13(B)(4). Facilities operating between
the hours of 8:00 PM to 6:00 AM shall be classified as Kennels.
[Added 7-13-2021 by L.L. No. 34-2021]
Any land or plot in an industrial district intended for development
as a unified project to accommodate three (3) or more principal buildings,
in which sites, together with buildings thereon, are to be offered
for sale or lease and which requires the installation of a new street.
The Huntington Town Planning Board as established pursuant
to § 271 of the Town Law and § 10 of the Municipal
Home Rule Law.
[Amended 5-7-2002 by L.L. No. 13-2002]
A roofed structure, providing shelter at the entrance of
a building, without screens or windows.
[Added 1-26-1999 by L.L. No. 2-1999]
A lot, together with all buildings and structures thereon.
(1) For existing and proposed one- and two-family dwellings,
the principal frontage for a corner lot or a through lot shall be
the shorter of the street frontages. For all other development, the
principal frontage for a corner lot or a through lot shall be determined
by the Planning Board; and (2) for the purpose of signage, the term
principal frontage shall mean the storefront of each individual business
located within a lot, or the side of the building where the main entrance
is located in the case of a single business (excludes structural elements
that extend above the lowest point of the roof).
[Added 10-15-2002 by L.L. No. 54-2002; amended 12-4-2007 by L.L. No. 41-2007; 1-8-2013 by L.L. No. 2-2013]
The use of land for athletic or sporting activities, playgrounds,
and leisure activities making use of outdoor resources, such as horseback
riding, camping, hiking, bird watching, picnicking, sunbathing, and
dog walking.
[Added 3-9-2010 by L.L. No. 4-2010]
Includes an incorporated or unincorporated church, synagogue,
temple, chapel, mosque and/or other house of worship, as defined in
the applicable provisions of the Religious Corporations Law, including
subsequent changes or amendments thereto and/or its successor.
[Added 1-25-2000 by L.L. No. 1-2000]
A commercial establishment open to the general public for
the preparation, service and consumption of food on the premises which
must provide, subject to the issuance of an assembly permit, at all
times when open to the public:
[Added 6-25-1991 by Ord. No. 91-ZC-259; amended 1-12-2016 by L.L. No.
4-2016]
The redivision or redevelopment of lots, blocks or sites
already shown on a map filed in the office of the Clerk of Suffolk
County pursuant to § 335 of the Real Property Law.
[Added 2-10-2015 by L.L.
No. 16-2015]
A structure built to permanently retain or support adjoining
earth.
[Added 1-9-2007 by L.L. No. 4-2007]
A combination of retaining walls on the same slope. Retaining
walls will not be considered a tiered wall when the horizontal distance
between any two (2) walls is greater than or equal to ten (10) times
the height of the taller of the two (2) walls, or when the combined
height of the walls does not exceed eight (8) feet with a minimum
horizontal distance of twenty (20) feet between any two walls. The
load from the upper wall cannot influence the stability of the lower
wall as determined by the Director. In no event shall the final grade
between two walls be greater than a one (1) on three (3).
[Added 5-7-2013 by L.L. No. 10-2013]
(1) A strip of land acquired by reservation, dedication,
prescription, condemnation, or otherwise and intended to be occupied
or reserved for use by a street, crosswalk, railroad, electric transmission
line, oil or gas pipeline, water line, sanitary or storm sewer, or
other similar uses; or (2) generally, the right of one to pass over
the property of another.
[Added 2-10-2015 by L.L.
No. 16-2015]
The covering of the top of a building, serving to protect
against the elements such as rain, snow, sunlight, wind and the extremes
of temperature.
[Added 7-5-2005 by L.L. No. 26-2005]
For the purpose of Article XIV (Signs and Advertising Devices), the term "roofline" shall mean the highest point of the coping on a flat roof, false mansard, or parapet wall; the deck line of a true mansard roof; the ridge line between the upper and lower slopes of a gambrel roof; or the mean point between the eaves and ridge of a gable or hip roof.
[Added 1-8-2013 by L.L. No. 2-2013]
A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as "satellite earth stations," "TVRO's," and "satellite microwave antennas." These antennas are permitted as accessory to a permitted use, subject to the requirements set forth for them in § 198-59 of the Building Zone Ordinance. In instances where the satellite dish antenna is a principal use and in instances where the satellite dish antenna is a video transmitting antenna, any application for the use requires a special use permit from the Zoning Board of Appeals pursuant to §§ 198-66, 198-67 and 198-68A(6).
[Added 8-21-1990 by Ord. No. 90-CE-I]
A strip of land running the length of a lot line or part
thereof in which is planted shrubs or trees which will form a dense
year-round growth designed to protect adjoining properties. Alternatively,
"screening" may be a solid wall or barrier of wood, concrete, brick
or other material or a combination of fencing and planting. Screening
shall not be less than six (6) feet in height.
A structure containing separate storage spaces of varying sizes leased or rented as individual units, limited to dead storage, except that one (1) apartment, for use as manager's quarters and leasing office, shall be permitted as a customary accessory use. The storage of radioactive materials, explosives or other flammable or hazardous materials is prohibited. All other business activity, other than the rental of storage units, is prohibited, as is the servicing or repair of vehicles, boats, trailers, lawnmowers or any similar equipment. All such facilities shall have rental contracts including clauses prohibiting such activities. Such facilities may only be allowed as a conditionally permitted use and only in the I-3, I-4, I-5, and C-6 zoning districts pursuant to §§ 198-66 and 198-68(A).
[Added 5-11-1999 by L.L. No. 11-1999; amended 10-6-2009 by L.L. No. 19-2009; 5-16-2011 by L.L. No. 19-2011]
Independent dwelling units requiring that at least one (1)
owner is fifty-five (55) years of age or older and he or she occupies
the dwelling unit.
[Added 6-11-2008 by L.L. No. 17-2008]
The line that delineates the required minimum distance from
any lot line and establishes the building envelope area within which
the structure may be erected or placed.
[Added 2-10-2015 by L.L.
No. 16-2015]
A property containing a building occupied by three (3) or
more commercial tenants that utilize a shared parking lot.
[Added 6-6-2011 by L.L. No. 20-2011]
For the purpose of this chapter the term "short term rental"
shall consist of an accessory dwelling unit, formerly known as an
accessory apartment, in an owner-occupied, single family home, which
is the subject of a valid accessory dwelling unit permit; is rented,
leased or otherwise assigned for a tenancy of less than thirty (30)
consecutive days; and where no meals are served as part of the tenancy.
[Added 7-11-2017 by L.L.
No. 30-2017; amended 7-16-2019 by L.L. No. 33-2019]
Any letter, symbol, icon, trademark, model, banner, flag,
pennant, insignia, display, decoration, emblem, device, pictorial
representation, or other attention-directing device, or combination
of these, illuminated or not, which is intended to or can be seen
from the outside of a building or structure, and which is designed
to or does convey a message concerning the identification of the premises
or advertise the interests of any private or public firm, person or
organization. A "sign" does not include the flag (except if displayed
in a pennant format) or insignia of any nation or association of nations
or of any state, city or other governmental unit, or of any charitable,
educational, philanthropic, civic or religious organization.
[Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 6-20-2006 by L.L. No. 19-2006; 1-8-2013 by L.L. No. 2-2013]
Any sign which is designed to give a message through a sequence
of progressive changes or movement of parts or lights or degree of
lighting, accomplished by natural, manual, mechanical, electrical
or other means. The term "animated sign" shall not include a sign
located within a right-of-way and installed by or through a local,
county, or state agency that functions as a traffic control device,
or are temporary holiday displays.
[Added 1-8-2013 by L.L. No. 2-2013]
That area within a line including the outer extremities of
all letters, figures, characters and delineations or within a line
including the outer extremities of the framework or background of
the sign, whichever line includes the larger area. The support for
the sign background, whether it is columns, a pylon or a building
or a part thereof, shall not be included in the sign area.
[Amended 4-7-1981 by Ord. No. 81-80-ZC-95]
A sign that is attached to, affixed to, or painted on an
awning or canopy.
[Added 5-10-2005 by L.L. No. 18-2005]
One (1) or more balloons used as a permanent or temporary
sign or as a means of directing attention to any item, product, event,
attraction, business, trade, entertainment or service sold, offered,
performed or manufactured.
[Added 5-10-2005 by L.L. No. 18-2005]
Any cloth, bunting, plastic, paper or other material and
captive/tethered balloon or inflatable sign used for advertising purposes
attached to or pinned on or from the ground, or any structure, staff,
pole, line, framing, or vehicle, including but not limited to feather
signs.
[Added 5-10-2005 by L.L. No. 18-2005; amended 4-17-2012 by L.L. No. 8-2012]
An outdoor advertising sign commonly characterized as a large,
immobile, fixed structure attached to the ground or other structure.
[Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]
A sign which is designed to display copy which may be changed
or altered one (1) symbol, image or letter, or groups of symbols,
images or letters, at a time by hand or by electronic means.
[Added 5-10-2005 by L.L. No. 18-2005]
A temporary sign providing information about future development
or current construction on site and which may identify the parties
involved in the project. For the purpose of this Article, such signs
shall be deemed "temporary signs."
[Added 5-10-2005 by L.L. No. 18-2005]
Letters, numbers, text, symbols, designs, graphics, images
or other pictorial matter on a sign which is intended to inform, direct
or otherwise transmit information.
[Added 5-10-2005 by L.L. No. 18-2005]
Any on-premises sign that includes information assisting
in the flow of pedestrian or vehicular traffic such as "ENTER," "EXIT,"
and "ONE WAY."
[Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]
A sign which gives forth artificial light directly or through
a transparent or translucent material from a source of light connected
to the sign or part of the sign structure or assemblage.
[Amended 5-10-2005 by L.L. No. 18-2005]
A sign on which are listed the names of two (2) or more persons,
businesses or agencies in a place or location common to all, and includes
a freestanding or monument sign.
[Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 1-8-2013 by L.L. No. 2-2013]
A sign affixed to the wall of a building and where the face
of the sign does not extend more than eighteen (18) inches beyond
such wall at any point of measurement.
[Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]
A sign lighted on an intermittent or flashing circuit such
as blinking, flaring or changing in degree of intensity or color.
Any revolving illuminated sign or revolving luminary device shall
be considered a "flashing sign."
[Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]
An on-premises sign featuring a single or double-sided sign
face, that is attached or mounted to, erected on, or supported by
some means other than by attachment to a building (such as a pole,
stake, mast, frame, wall, fence or other apparatus).
[Added 8-5-1975 by Ord. No. 75-ZC-57; amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]
A temporary sign describing a future business activity. For
purposes of this article said sign shall be deemed a "temporary sign".
[Added 5-9-2017 by L.L.
No. 20-2017]
A sign containing the name and the occupation of a permitted
home occupation.
[Added 5-10-2005 by L.L. No. 18-2005]
A sign which identifies a business, industry, service or
attraction conducted upon the lot on which the sign is displayed,
or which attracts attention to a commodity sold or displayed upon
the lot or premises.
[Amended 4-7-1981 by Ord. No. 81-80-ZC-95]
Any sign which is illuminated by an artificial light source
that is attached to the sign assemblage or that is detached from the
structure and directed upon the sign. The entire background area that
is illuminated shall be included in the calculation of the allowable
sign area.
[Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]
A sign illuminated by a source of artificial light which
is detached from the sign structure and directed upon the sign.
[Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]
Any sign that is affixed to, posted or painted on the interior
or exterior of a window or glass door or placed behind a window pane
or glass door, so as to attract the attention of or be visible to
persons outside the building.
[Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]
A permanent sign, designed with or without changeable copy,
which extends from part of a wall of a building and is not supported
by the ground in any manner.
[Added 5-10-2005 by L.L. No. 18-2005]
A sign erected in conjunction with a use that incorporates
a drive-through or drive-in, and is generally used to provide service
and/or product options or pricing to patrons who remain in their vehicles.
[Added 1-8-2013 by L.L. No. 2-2013]
A sign which is erected to announce events to be held on
the same property, usually consisting of a track system to hold individual
letters or text, but also by electronic or digital means.
[Added 1-8-2013 by L.L. No. 2-2013]
A sign attached to, mounted, pasted, painted, or drawn on
any vehicle, whether motorized or drawn, that is placed, parked, or
maintained at one (1) location to announce, inform, advertise, promote
or draw attention to an item, product, event, attraction, service,
or trade, or to convey a message of any kind. A mobile sign under
this Chapter shall not include signs, including off-premises advertising
signs, on bicycles (or other similar shared micromobility service
vehicles) on property owned by the Town of Huntington or Town of Huntington
Board of Trustees, in connection with a bicycle share (or other similar
shared micromobility service) program, pursuant to an agreement with
and approved by the Town of Huntington or Town of Huntington Board
of Trustees.
[Added 5-10-2005 by L.L. No. 18-2005; amended 10-16-2019 by L.L. No. 51-2019]
A freestanding identification sign erected upon a masonry
base and not supported by columns, girders or other structural elements.
A "monument sign" shall be constructed of material similar in nature
or complementary to the building which it identifies and may contain
letters, numbers, trademarks and logos. A "monument sign" shall not
be greater than six (6) feet in height above grade, nor more than
sixty (60) square feet in area. No "monument sign" shall be located
within ten (10) feet of a street line.
[Added 1-26-1982 by Ord. No. 82-ZC-108]
A sign containing light or copy which is electronically produced
and moves or travels across any portion of the face of the sign.
[Added 5-10-2005 by L.L. No. 18-2005]
A depiction attached to or painted or drawn on an exterior
structure in order to advertise or draw attention to a service, product,
business, or trade, except that a mural sign shall not include a depiction
of a historical event, a tourist attraction, or other image or message
which does not advertise a service, product, business or trade.
[Added 11-20-2018 by L.L.
No. 36-2018]
A sign, or portion thereof, containing vacuum-tight glass
tubing filled with neon, argon or other similar substance, which is
bent to form letters, symbols or other shapes, and where the tubing
is affixed or placed on the face of the sign.
[Added 5-10-2005 by L.L. No. 18-2005]
A sign which conveys a message which is other than commercial
advertising (not undertaken for profit or monetary compensation).
[Added 11-20-2018 by L.L.
No. 36-2018]
A sign which announces, informs, advertises, refers to or
draws attention to any item, product, event, attraction, business,
trade, entertainment or service not sold, offered, performed or manufactured
on-site or connected to the use of the building or property where
the sign is located.
[Added 5-10-2005 by L.L. No. 18-2005]
One or a series of triangular, forked, square, round or rectangular-shaped
flags joined together or suspended by a string, cord, wire or other
fastener, including a series of American flags.
[Added 6-20-2006 by L.L. No. 19-2006; amended 1-8-2013 by L.L. No. 2-2013]
A sign whose principal supporting structure is intended by
design or construction, to be rested upon the ground for support and
may be easily moved or relocated for reuse. Portable signs shall include,
but shall not be limited to, signs mounted upon a trailer, bench,
wheeled carrier, or other non-motorized mobile structure with or without
wheels.
[Added 5-10-2005 by L.L. No. 18-2005]
Any sign which is attached to a building, whether by brace(s),
bracket(s) or other connecting device(s), and the sign is not parallel
to the face or wall of the building or structure, and the face of
the sign extends more than eighteen (18) inches beyond the building
at any point of measurement therefrom.
[Added 8-5-1975 by Ord. No. 75-ZC-57; amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]
A sign usually erected or maintained by a municipality or
public agency, that provides the public with information and in no
way relates to a commercial activity, including but not limited to,
speed limit signs, stop signs, city limit signs, street name signs,
and directional signs.
[Added 5-10-2005 by L.L. No. 18-2005]
A sign advertising the sale, lease or rental of any portion
of the building(s) or property on which the sign is located, or announcing
that same has been sold.
[Added 5-10-2005 by L.L. No. 18-2005]
A sign located at the entrance of an approved residential
subdivision or a residential development that has received site plan
approval.
[Added 11-20-2018 by L.L.
No. 36-2018]
A sign which is erected, constructed, or maintained on a
flat or pitched roof.
[Added 1-8-2013 by L.L. No. 2-2013]
A sign constructed in such a manner as to form an "A" or
a tent-like shape, hinged or not hinged at the top.
[Added 5-10-2005 by L.L. No. 18-2005]
A sign that is suspended from the underside of an exterior
horizontal surface or overhang.
[Added 11-20-2018 by L.L.
No. 36-2018]
A sign designed or displayed to announce or draw attention
to a seasonal or brief activity, including but not limited to, sales,
specials, promotions, holidays, auctions, special business events,
liquidation sales, future business activity, going-out-of-business
sales, fire sales and grand openings. Symbols, balloons, twirlers,
pennants, flags, streamers, air filled figures and other similar items
shall be considered temporary signs. For the purpose of this Article,
temporary signs shall also include construction/development signs.
[Added 5-10-2005 by L.L. No. 18-2005; amended 5-9-2017 by L.L. No.
20-2017]
A screen, receptor, monitor or television on which moving
images or film is shown to inform the public, or to announce, advertise
or draw attention to a product, item, event, attraction, trade or
service, and is placed behind a window pane or outside of a building
or structure so as to attract the attention of the public or be visible
from a public place.
[Added 5-10-2005 by L.L. No. 18-2005]
Any letter, group of letters, words or copy which forms or
is used as an announcement, advertisement or other attention-directing
device, placed, painted, affixed, annexed or attached, upon a motor
vehicle, trailer or other vehicle commonly used for transportation,
travel or delivery, whether or not such motor vehicle, vehicle or
trailer is operable or registered. It is the intention of the Town
Board to prevent attempts to circumvent the freestanding sign restrictions
of this Article by utilizing vehicles as substitutes for permitted
freestanding signs.
[Added 4-7-1981 by Ord. No. 81-80-ZC-95; amended 5-10-2005 by L.L. No. 18-2005]
Any sign which is applied, attached or mounted on or over
a window or glass door and is primarily designed to be visible to
those outside of the building or structure where the sign is placed
or mounted.
[Added 11-20-2018 by L.L.
No. 36-2018]
The deviation of a surface, whether natural or manmade, from
a horizontal level plane, expressed as a percentage after dividing
the change in vertical elevation between two points by the horizontal
distance between them.
[Added 2-10-2015 by L.L.
No. 16-2015]
Smoking is the inhalation of the smoke/liquid nicotine/vapors/water
pipe tobacco and other substances encased in electronic cigarettes,
vape pens, and pipes commonly known as "hookah", "waterpipe", "shisha",
and "narghile" or any similar device.
[Added 9-27-2016 by L.L.
No. 41-2016]
The portion of a building which is between one (1) floor
level and the next higher floor level or the roof, not including an
attic or crawl space.
Any story having its finished floor surface entirely above
grade plane, except that a basement shall be considered as a story
above grade plane where the finished surface of the floor above the
basement is either more than six (6) feet above grade plane or more
than twelve (12) feet above grade at any point.
[Added 5-7-2013 by L.L. No. 10-2013]
A public or private thoroughfare which affords the principal
means of access to abutting property.
A dividing line between a lot, tract or parcel of land and
a contiguous street. For the purposes of this chapter, a street line
shall also be referred to as a right-of-way line and include the line
where the property line and the right-of-way line are coincident.
[Amended 10-15-2002 by L.L. No. 54-2002]
Any public thoroughfare existing or proposed which has been
designated as a major street on a plan officially adopted by the Town
or an agency thereof having jurisdiction over such matters. For the
purposes of this chapter, any thoroughfare or part thereof which has
been designated as a state or county road shall be considered as a
major street.
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.
[Amended 12-4-2007 by L.L. No. 40-2007; 10-21-2014 by L.L. No.
37-2014]
Anything constructed or erected which requires location on the
ground or attachment to something having a location on the ground,
without limitation, including signs. A "structure" shall include fences
more than six (6) feet in height and retaining and freestanding walls
more than four (4) feet in height.
For the purpose of Article VI of this Chapter, the term "structure" shall include anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including but not limited to objects, buildings, outbuildings, fences, decks, statuary, pillars, columns, steps, stairways, gazebos, walls, sidewalks, walkways, pavements, signs, billboards, towers, swimming pools and other objects or improvements.
The division or development of any real property into more
than one (1) lot, block or site, with or without streets, not on a
map previously filed in the office of the Clerk of Suffolk County
pursuant to § 335 of the Real Property Law, and includes
property fronting on existing streets.
[Added 2-10-2015 by L.L.
No. 16-2015]
A subdivision containing five (5) or more lots.
[Added 2-10-2015 by L.L.
No. 16-2015]
A subdivision containing four (4) or fewer lots.
[Added 2-10-2015 by L.L.
No. 16-2015]
Any structure, basin, chamber or tank which is intended or
can be used for swimming, diving, recreational bathing or wading and
which contains, is designed to contain, or is capable of containing
water more than 24 inches (610 mm) deep at any point. The term shall
include in-ground, above-ground and on-ground pools, indoor pools,
and fixed-in-place wading pools, but not hot tubs and spas.
[Added 2-10-2015 by L.L.
No. 16-2015]
A commercial establishment open to the general public for
the preparation, service and consumption of food and/or drink on the
premises which is subject to the issuance of an assembly permit, and
does not provide, at any time when open to the public, the following:
[Added 1-12-2016 by L.L.
No. 4-2016]
See "lot, through."
[Added 10-15-2002 by L.L. No. 54-2002]
The purpose for which land or any building or structure thereon
is designed, erected, arranged or intended for use or for which it
is or may be occupied or maintained.
[Amended 5-7-2002 by L.L. No. 13-2002]
Any facility or location whose business operation, and its
principal use, include the retail sale of electronic cigarettes, vape
pens, vapors, e-liquids, or other substances.
[Added 5-9-2023 by L.L. No. 7-2023]
Any motor vehicle which is powered by clean-burning fuels
such as compressed natural gas (CNG); liquefied natural gas (LNG);
liquefied petroleum gas (LPG) (propane); hydrogen; electricity (including
electricity from solar energy); coal-derived liquid fuels; one hundred
(100%) percent bio-diesel, and any other fuel which is at least eighty-five
(85%) percent alcohol (any kind) including methanol (M85) and denatured
ethanol. Alternative fuel vehicles shall include dedicated natural
gas vehicles (NGVs) which are designed to run only on natural gas,
bi-fuel NGVs which have two separate fueling systems enabling these
vehicles to use either natural gas or conventional fuel such as gasoline
or diesel, and those vehicles which have been retrofitted or converted
into an alternative fuel vehicle.
[Added 9-22-2009 by L.L. No. 14-2009]
Any gas-electric powered motor vehicle.
[Added 9-22-2009 by L.L. No. 14-2009]
Land areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
may include vernal surface waters and generally include creeks, swamps,
marshes, bogs, and similar areas and can be fresh, brackish, or salt
water to include tidal wetlands. Some wetlands may be locally, State
or Federally regulated and must therefore conform to the applicable
local, State or Federal regulations regarding its use, use of adjacent
areas, and/or building setback requirements.
[Added 2-10-2015 by L.L.
No. 16-2015]
An open space, other than a court, on a lot, unoccupied and
unobstructed from the ground upward except as otherwise provided in
this chapter.
A yard across the full width of a lot, extending from the
front line of the main building to the principal frontage along the
front street line of the lot.
[Amended 12-4-2007 by L.L. No. 41-2007]
A yard extending the full width of the lot between a principal
building and the rear lot line.
A yard between the main building and the adjacent side of
the lot and extending from the front yard to the rear yard thereof.
A map fully conforming to the relevant zoning ordinance requirements,
including topographical data, existing conditions to the extent they
would influence yield determination, used by the Planning Board to
establish lot yield of a property.
[Added 2-10-2015 by L.L.
No. 16-2015]
The Zoning Board of Appeals of the Town of Huntington as
established pursuant to § 267 of the Town Law and § 10
of the Municipal Home Rule Law.
[Amended 5-7-2002 by L.L. No. 13-2002]
[1]
Editor’s Note: The definition of "accessory apartment,"
added 11-9-2011by L.L. No. 31-2011, which immediately preceded this
definition, was repealed 7-16-2019 by L.L. No. 33-2019.
[2]
Editor's Note: The former definition of "cellar," which immediately
followed, as amended, was repealed 5-7-2013 by L.L. No. 10-2013.
[3]
Editor's Note: The former definition of "campground lodging,"
added 5-11-2021 by L.L. No. 26-2021, which immediately followed, as
amended, was repealed 6-14-2022 by L.L. No. 11-2022.
[4]
Editor’s Note: The definition of "convalescent
home," added 3-3-1993 by L.L. No. 8-1998, which immediately followed
this definition, was repealed 6-11-2008 by L.L. No. 17-2008.
[5]
Editor's Note: The former definitions of "marijuana" and "marijuana,
recreational," both added 8-6-2019 by L.L. No. 45-2019, which immediately followed this
definition, were repealed 12-14-2021 by L.L. No. 66-2021.
[6]
Editor’s Note: The former definition of “median
family income,” which immediately followed this definition,
was repealed 5-9-2017 by L.L. No. 19-2017.
[7]
Editor's Note: The former definition of "non-structural
wall," which immediately followed this definition, was repealed 1-9-2007
by L.L. No. 4-2007.
[8]
Editor's Note: Former Subsection (9), regarding
no permits being issued after September 30, 1998, was repealed 5-11-1999
by L.L. No. 8-1999.
[9]
Editor's Note: This local law also repealed
the former definition of "story, half," which immediately followed
this definition.
The regulations of this chapter are to be considered
to be minimum provisions for the protection and promotion of the public
health, safety, morals, convenience and the general welfare, and the
chapter should be liberally construed so as to further these purposes.
This chapter is not intended to interfere with
or abrogate or annul any other Town ordinance or code, or regulation
or rule adopted thereunder, or agreement between parties; provided,
however, that where this chapter imposes a greater restriction upon
the use of buildings or premises or upon the height of buildings or
requires larger open spaces than are imposed or required by such ordinances
or rules and regulations or agreements, the provisions of this chapter
shall control.
This chapter or any amendment thereto is not
intended to abrogate or annul any building permits, certificates of
occupancy, variances or special permits lawfully issued before the
effective date of this chapter or amendment, provided that any permit
or certificate shall be implemented as provided herein within the
specified period of time during which it is valid.