A.
The conditional uses listed in this article possess
characteristics of a nature such as to require special review and
the application of special standards before locating in districts
where they are not permitted by right, in order to assure an orderly
and harmonious arrangement of land uses in the district and in the
community. Such uses may be permitted conditionally by the Planning
Board, Board of Appeals or the Town Board, as specified, after public
hearing. A conditional use shall be authorized by a special use permit,
and before such permit is issued, the appropriate Board shall find
that the proposed use:
[Amended 10-20-2020 by L.L. No. 39-2020]
(1)
Will be properly located in regard to transportation,
water supply, waste disposal, fire protection and other facilities.
(2)
Will not create undue traffic congestion or traffic
hazard.
(3)
Will not adversely affect the value of property, character
of the neighborhood or the pattern of development.
(4)
Will encourage an appropriate use of land consistent
with the needs of the Town.
(5)
Will not impair the public health or safety and will
be reasonably necessary for the public health or general welfare and
interest.
B.
Before any special use permit is issued, the appropriate
Board shall determine that all applicable requirements of this chapter
have been met and may impose any additional requirements to assure
that the proposed use will be in harmony with the character of the
district and will not materially impair the use or value of adjacent
properties. Before imposing such conditions, the Board shall consider
the following:
(1)
Location and intensity of use.
(2)
Location and height of buildings.
(3)
Traffic access and circulation.
(4)
Location and extent of parking and loading areas.
(5)
Whether the location, extent and types of exterior artificial lighting devices and advertising devices are in conformance with this Chapter and the provisions of Chapter 143 of the Code of the Town of Huntington.
[Amended 11-9-2005 by L.L. No. 40-2005]
(6)
Landscaping, screening and fencing.
(7)
Probable extent of noise, vibration, smoke, dust or
other adverse influence as compared to similar influences incident
to unconditionally permitted uses in the district.
C.
The Board may impose a limit on hours of operation
upon a finding that such limit is necessary to the conditions set
forth in this section.
E.
Any violation of the conditions established in this
chapter for the issuance of a special use permit and/or imposed by
the Town Board, Planning Board, or Zoning Board of Appeals shall,
after thirty (30) days' notice by said Board or a town enforcement
officer to correct such violation, result in revocation of both the
applicable Board's grant and the certificate of occupancy and/or certificate
of permitted use, and any associated accessory uses, upon notice and
after a public hearing before the applicable Board, if there has been
a failure or neglect to bring the property into compliance to the
satisfaction of the town. The use and its accessory uses shall not
be reestablished until all violation(s) are corrected to the satisfaction
of the town. Reestablishment of a grant will require an application
to the applicable Board and, at the discretion of the applicable Board,
a public hearing
[Added 9-13-1994 by Ord. No. 94-ZC-12; amended 5-16-2011 by L.L. No. 19-2011; 10-20-2020 by L.L. No. 39-2020]
A building and site development plan, together
with detailed statements as to the nature of the proposed use, shall
be submitted for any conditionally permitted use. Such plans shall
show the location of buildings and structures, property lines, ownership
of adjacent property at the time of hearing, proposed accessways and
parking areas, landscaping and other details required by the appropriate
Board for a proper review of the use.
A.
The Zoning Board of Appeals may authorize the following uses after making all of the required findings and after public hearing as provided in Article XVI. Plans for parking and loading facilities for proposed uses shall be referred to the Planning and Environment Department for technical evaluation and advisory report, and no decision shall be made until the report has been received or thirty (30) days has elapsed. Landscaping and fencing and, screening may be required in connection with any use permitted under this section.
[Amended 9-14-1971 by Ord. No. 71-ZC-19; 11-27-1973 by Ord. No. 73-ZC-49; 7-26-1977 by Ord. No. 77-ZC-70; 5-23-1978 by Ord. No. 78-ZC-77; 9-28-1982 by Ord. No. 82-ZC-119; 6-25-1991 by Ord. No. 91-ZC-259; 1-25-1994 by Ord. No. 93-ZC-317; 9-13-1994 by Ord. No. 94-ZC-12; 4-7-1998 by L.L. No. 17-1998; 7-1-1998 by Ord. No. 98-ZC-8; 5-11-1999 by L.L. No. 11-1999; 1-25-2000 by L.L. No. 1-2000; 9-23-2003 by L.L. No.
32-2003; 5-4-2004 by L.L. No. 12-2004; 11-9-2005 by L.L. No.
40-2005; 4-8-2008 by L.L. No. 12-2008; 6-11-2008 by L.L. No. 17-2008; 10-6-2009 by L.L. No. 19-2009; 3-22-2011 by L.L. No. 10-2011; 5-16-2011 by L.L. No. 19-2011; 9-20-2011 by L.L. No.
23-2011; 12-13-2011 by L.L. No. 34-2011; 10-6-2015 by L.L. No. 42-2015; 11-6-2019 by L.L. No. 55-2019; 7-21-2020 by L.L. No. 22-2020 ;4-13-2021 by L.L. No. 19-2021; 5-11-2021 by L.L. No. 26-2021; 7-13-2021 by L.L. No. 35-2021]
(1)
Cemeteries in any district.
(3)
Marinas in residence districts where accessory to
a private club.
(4)
Public utility uses and buildings, excluding gas storage
facilities and generating stations, in any district, provided that
in the case of residence districts the Board shall find that such
use of building is necessary to the service of the neighborhood or
that its location is fixed by the technical requirements of the utility
system. On making such finding, the Board may also vary the minimum
lot area and width requirements only upon finding as follows:
(a)
The proposed facility is necessary to provide
service to a primary area within a radius of not more than one (1)
mile.
(b)
The minimum yard requirements for the district
in which the facility is to be located have been met.
(c)
No equipment or vehicles, except as necessary
to the provision of the utility service in the location proposed,
shall be stored or serviced on the premises.
(d)
The maintenance of the full lot area and width
requirements for the district is not necessary to the proposed facility
nor to the maintenance of neighborhood character.
(e)
The design of the proposed building or structure
shall be in keeping with the character of the neighborhood, or the
separation of structures and screening will be adequate to nullify
any adverse effect upon adjoining properties.
(f)
No parcel of land proposed for any such public
utility use shall be less than ten thousand (10,000) square feet in
area, except that in districts where the minimum lot area is less
than ten thousand (10,000) square feet, such minimum lot area shall
apply but shall not be reduced.
(g)
No adjoining parcel of land shall be made nonconforming
as a result of the grant of such variance.
(5)
Storage of fuel oil, liquid fuels and other flammable
liquids and gas storage facilities, including facilities for the discharge,
handling and distribution of such products principally in the local
retail market.
(a)
Such facilities may be located in Harbor Use
Districts and in General Industry Districts, provided that:
[1]
No storage tank shall exceed five hundred thousand
(500,000) gallons' capacity, and no such tank shall be more than twenty-five
(25) feet in height above the finished grade around it.
[2]
All tanks constructed above ground shall be
surrounded by a concrete dike which forms a basin equal in capacity
to the capacity of the tank.
[3]
No tank constructed above ground, nor basin
nor truck loading dock shall be located closer to a property line,
street line or bulkhead line than a distance equal to twenty-five
(25%) percent of the depth of the district, and such distance shall
not be less than twenty-five (25) feet in any case.
(b)
As a part of any approval granted under this
subsection, the location, size and extent of tanks, buildings, pumps
and other appurtenances, setbacks, landscaping, screening and fencing
may be modified or required as necessary to ensure public safety and
the maintenance of the character and value of property in the neighborhood.
(6)
Facilities and installations for the handling, storage
or loading of bulk materials in transit by land, including processing
yards. The Board may impose any special requirements for the control
of traffic, dust, noise or hours of operation which are found necessary
for the protection of surrounding properties. Such uses shall be permitted
only in General Industrial Districts.
(7)
Tanks, pumps and related appurtenances for the storage
and dispensing of gasoline or other motor fuels in connection with
any use requiring such facilities as a normal accessory, excluding
automotive service stations.
(8)
Private club, lodge, community building, private playground,
park or similar outdoor recreational facility or lodge.
(a)
Such uses may be located in a business district,
provided that:
[1]
The chief activity is not a service customarily
carried on as a business.
[2]
No lot shall be less than three (3) acres.
[3]
No building shall be located within twenty-five
(25) feet of any property line on a waterfront lot, nor within one
hundred (100) feet of any property line on any other lot.
[4]
Permanent dwelling facilities shall be limited
to the quarters of a watchman or other custodial person.
(b)
The Board of Appeals may vary the minimum lot
size in the case of a yacht club, boat club or beach club on waterfront
property upon a finding that:
(c)
No lot shall be less than one (1) acre in any
case, and required off-street parking shall not be varied.
(9)
Private nursery schools or any similar type of school
providing full-time day instruction and having a course of study approved
by the New York State Department of Education (except such private
elementary and secondary schools, and duly licensed nursery schools
appurtenant to a religious institution, as are set forth as permitted
uses in this chapter) may be established and operated in any residence
district, provided that:
(a)
The plot shall comprise at least two (2) acres.
(b)
The proposed building or buildings are reasonably
in keeping with the character of the neighborhood and of neighboring
structures.
(c)
The approval of the Suffolk County Board of
Health Services must be secured as a prerequisite to the issuance
of a certificate of occupancy.
(10)
Institutions of higher learning offering courses
of study approved by the New York State Department of Education, and
dormitories or other residence facilities accessory thereto, in any
residence district, provided that the lot shall not be less than ten
(10) acres in area and buildings shall not occupy more than twenty-five
(25%) percent of the area of the lot. The approval of the Suffolk
County Board of Health shall be secured prior to the issuance of a
certificate of occupancy.
(11)
Day camps.
[Amended 6-14-2022 by L.L. No. 11-2022]
(a)
Such uses may be located in R-80, R-40 and R-20
Residence Districts, provided that:
[1]
The lot shall not be less than ten (10) acres.
[2]
No permanent dwellings shall be permitted, except
for one (1) permanent dwelling for the use of a caretaker or other
custodial person and one (1) permanent dwelling for the camp director.
[4]
No building shall be located within one hundred
(100) feet of any property line except for buildings existing prior
to 1969.
(b)
The approval of the Suffolk County Department
of Health Services shall be secured prior to the issuance of a certificate
of occupancy.
(c)
The special use permit may be reviewed by the
Zoning Board of Appeals in the event of substantial change in the
manner of operation or on receipt of evidence of any change in the
nature or the intensity of the use. In connection with the issuance
of a permit for such use, the Zoning Board of Appeals may specify
the maximum number of persons to be accommodated.
(12)
Dairies, commercial riding stables or academies
or facilities for the boarding of horses in R-80, R-40 and R-20 Residence
Districts, provided that:
(a)
The lot shall not be less than ten (10) acres
in area, except that the area of a lot for dairy use shall not be
less than twenty (20) acres.
(b)
There shall be a minimum street frontage of
one hundred (100) feet, except that in the case of a dairy the minimum
street frontage shall not be less than two hundred (200) feet.
(c)
No building for the shelter of any animals or
for the processing of dairy products shall be within one hundred (100)
feet of any property line.
(d)
No fenced run or similar enclosure shall be
located within fifty (50) feet of a property line.
(e)
No nuisance shall be exerted upon surrounding
property by reason of odor, dust, noise or vermin.
(f)
Parking.
[1]
The Board of Appeals shall specify the number
of off-street parking spaces to be provided. However, in the case
of dairy product processing uses, one (1) parking space shall be provided
for every five hundred (500) square feet of gross floor area or three
(3) per four (4) employees on maximum work shift, whichever is greater.
[2]
No parking shall be located in a front yard,
except that space for not more than ten (10) automobiles may be so
located, provided such space shall not be within fifty (50) feet of
a front lot line.
[3]
No parking shall be located within fifty (50)
feet of a residence district boundary nor within twenty-five (25)
feet of side or rear lot lines.
(g)
In the case of a dairy, no off-street loading
shall be located within a front yard nor within fifty (50) feet of
side or rear lot lines.
(h)
The minimum lot width in the case of a dairy
shall not be less than four hundred (400) feet.
(i)
The maximum percentage of lot coverage by dairy
buildings, including accessory buildings, shall not exceed six (6%)
percent.
(j)
In the case of a dairy, a tertiary sewage treatment
system shall be provided for all waste water disposal unless the property
is served by a municipal sewer district.
(13)
Noncommercial greenhouses in residence districts,
only where accessory to a principal residential use, provided that:
(14)
Kennels or other establishments for the keeping
or raising of dogs, cats, poultry or fur-bearing animals, provided
that:
(a)
The lot shall not be less than three (3) acres
in area.
(b)
The lot frontage shall not be less than one
hundred (100) feet.
(c)
No building or structure for the shelter of
animals shall be located within one hundred (100) feet of any lot
line.
(d)
No adverse effect or nuisance shall be exerted
on surrounding property by reason of odor, dust, noise or vermin.
(15)
Boardinghouses in R-5 and R-3M Residence Districts
and C-1 Business Districts.
(16)
Beauty parlors as a home occupation in residence
districts.
(a)
Such use may be permitted, provided that:
[1]
All general requirements for home occupations
shall apply.
[2]
There shall be no external evidence of the use
nor structural change in the dwelling as a result of the use.
[3]
Employment shall be limited to members of the
resident family, except that not more than one (1) employee not a
member of the resident family shall be permitted.
(b)
Any special use permit issued for a beauty parlor
shall be issued to the applicant and shall not run with the land.
Such permit shall be issued for a period not to exceed five (5) years
but may be reissued by the Board for successive five-year periods
after hearing.
(17)
Two-family
dwellings. Two-family dwellings may be authorized in R-5 Residence
Districts subject to the following:
A.
In cases where the lot size is under 10,000 square
feet or the lot width is less than 100 feet, the following conditions
shall apply:
(1)
The minimum lot width is not less than fifty (50) feet; and
(2)
The dwelling will be designed and situated so as to be compatible
with the character of the neighborhood and with neighboring dwellings.
(3)
The owner demonstrates to the satisfaction of the Zoning Board
that the owner has sustained or will sustain severe hardship if the
application were to be denied, and the hardship has not been or will
be self-created; and
(4)
The two-family home will not negatively impact the character
of the neighborhood or adversely affect property values; and
(5)
As a condition of the special use permit, a covenant and restriction
to run with the land shall be filed by the applicant in the Office
of the Suffolk County Clerk requiring that one of the dwelling units
be owner-occupied in perpetuity. Such covenant shall be reviewed by
the Town Attorney as to form and substance before it is filed. A copy
of the filed covenant shall be submitted to the Department of Engineering
Services prior to the issuance of a Certificate of Occupancy and/or
Certificate of Permitted Use.
(6)
In cases where the conversion of a one family to a two family
home is proposed, the dwelling must be five (5) years of age or more
at the time of application.
B.
Where the lot size is 10,000 square feet or more, two-family
owner-occupied dwellings may be permitted where one (1) of the dwelling
units is owner-occupied in perpetuity, and a covenant and restriction
to run with the land requiring such occupancy is filed by the applicant
in the Office of the Suffolk County Clerk. Such covenant shall be
reviewed by the Town Attorney as to form and substance before it is
filed. A copy of the filed covenant shall be submitted to the Department
of Engineering Services, prior to the issuance of a Certificate of
Occupancy and/or a Certificate of Permitted Use.
C.
In all cases, the architectural design of the house and its
location on the lot shall be reviewed by the Zoning Board with the
intention of ensuring that the house appears to be a single-family
house of no more than two stories by restricting design features such
as exposed cellars, large attics, tall roofs, multiple driveways,
multiple decks, and prominent secondary dwelling entrances.
(18)
Public garages, automobile repair shops and
car-washing establishments in C-6 and C-7 Business Districts and in
I-4 and I-5 Industry Districts.
(19)
Professional offices in R-5 Residence Districts
either as a principal or as an accessory use, provided that the Board
of Appeals shall find that:
(a)
The nearest portion of the property so used
is either:
[1]
Not more than five hundred (500) feet, or only
in the case of medical or dental offices not more than one thousand
(1,000) feet, from the boundaries of a C-6 General Business District;
or
[2]
Not more than five hundred (500) feet, or only
in the case of medical or dental offices not more than one thousand
(1,000) feet, from the plot on which the main building of the Huntington
Hospital is located, provided that if so located, the plot on which
such professional offices are located shall contain not less than
eighty thousand (80,000) square feet.
(b)
The plot on which such use is to be located
shall not be less than twenty thousand (20,000) square feet in area,
except as provided in Subsection A(21)(a)[2] above.
(20)
An off-street parking area in any residence
district when contiguous to and within one hundred (100) feet of a
business district and where such area serves a use located in the
business district, provided that:
(21)
Day-care centers (except such duly licensed
day-care centers appurtenant to a religious institution as are set
forth as permitted uses in this chapter) may be established and operated
by duly recognized nonprofit organizations in any residence district,
provided that:
(a)
The plot shall comprise no less than one-half
(1/2) acre and no less than twice the minimum area requirement of
the residence district where it is to be located.
(b)
The proposed building or buildings are reasonably
in keeping with the character of the neighborhood and of neighboring
structures.
(c)
The approval of the Suffolk County Board of
Health Services must be secured and there must be compliance with
all state and county laws and regulations before a certificate of
occupancy can be issued.
(22)
The use of any outdoor area, whether or not
partially enclosed by a temporary or permanent structure, as a “place
of assembly” as defined in the Fire Code of New York State,
as part of a restaurant, bar, tavern, nightclub or other establishment
for the on-premises consumption of food or alcoholic beverages, provided
that:
(a)
There are sufficient means of egress directly
from the outdoor area which do not lead through the establishment
so that the maximum number of persons who may lawfully occupy the
outdoor area may escape safely in case of an emergency. In making
its determination of sufficient means of egress, the Board of Appeals
shall consider:
(c)
As part of any approval granted under this subsection,
setbacks, landscaping, screening and fencing may be modified or required
as necessary to ensure public safety and the maintenance of the character
and value of property in the neighborhood. In addition, the Board
shall consider and may impose any special requirements for the control
of traffic, noise, lighting or houses of operation which are found
necessary for the protection of surrounding properties.
(23)
Caretaker's cottages shall be limited to one
(1) accessory dwelling per property only in the R-40 or R-80 Residence
District providing housing for servants(s) or employee(s) engaged
in work upon the subject premises on a full-time basis.
(a)
Such accessory structure shall not have a gross
floor area, including garage space, that is more than forty (40%)
percent of the primary residence on the subject property nor greater
than one thousand two hundred (1,200) square feet, whichever is smaller.
(b)
Such accessory structure shall adhere to all
of the building setbacks that apply to the primary residential structure
on the subject lot.
(c)
Such accessory structure shall not be located
in front of nor between the primary structure and the side yard setback
on the subject lot.
(24)
Golf driving ranges as a principal use in the
C-2 Office, C-6 General Business, C-14 Commercial Recreation and I-2
Light Industry Districts, provided that:
(a)
The lot shall contain no less than ten (10)
acres.
(b)
The driving range shall have its principal frontage
on an arterial as defined and listed in the most recent update of
the Town of Huntington Comprehensive Plan or on a major collector
as defined in said plan, provided that the Zoning Board of Appeals
makes a finding that such collector street does not mainly provide
access for residential development in the immediate area.
(c)
All building and parking setbacks, as well as
building height requirements for the district, shall be in conformance
with the zoning requirements of the district; no active uses shall
be allowed in required buffers; parking may be allowed within required
building setbacks, provided that all buffer requirements of the district
are adhered to; and permitted signs may be located within required
building setbacks and parking buffers.
(d)
A landscaped buffer shall be provided that is
no less than fifty (50) feet wide where adjacent to or across any
street from any residential zoning district and no less than twenty-five
(25) feet wide where adjacent to or across any street from any industrially
or commercially zoned lands. The buffer shall contain a dense mixture
of landscape and natural plant materials consisting of both deciduous
and evergreen materials, major and minor trees, shrubs and ground
cover.
(e)
The applicant shall provide information so as
to enable the Zoning Board of Appeals to determine the height of fencing/netting
needed to contain golf balls on the subject property; such fencing/netting
shall be located from property lines a distance no less than equal
to the "fall radius" of the fence/netting posts plus ten (10) feet;
the area outside such fence/netting shall be incorporated into the
landscaped buffer area of Subsection A(26)(d) above; no signs or advertising
whatsoever shall be affixed to the posts, fence or netting.
(f)
All site lighting shall be directed away from
adjacent properties and streets; shall not in any case be mounted
more than twenty-five (25) feet above the natural grade; except if
the property is adjacent to residentially used land, the mounted height
shall not be greater than twenty (20) feet. All outdoor lighting shall
be in conformance with all the applicable provisions of the code pertaining
to outdoor lighting; no outdoor lighting shall illuminate the golf
driving range or a miniature golf facility, if one exists, between
the hours of 11:00 p.m. and 8:00 a.m.
(g)
No outdoor loudspeaker or broadcasting system
shall be permitted.
(h)
Accessory uses shall be limited to a snack bar
or food shop, pro-shop, miniature golf facility, accessory putting
greens, accessory game room and maintenance buildings. Accessory restaurants
are strictly prohibited.
(i)
Parking shall be provided at the rate of one
(1) space for each position on the golf driving range, plus three
(3) spaces for each hole on any accessory miniature golf course, plus
three (3) spaces for each accessory putting greens plus one (1) space
for each two hundred (200) square feet of gross floor area for any
accessory snack shop, food shop or pro-shop, plus one (1) space for
each one hundred (100) square feet of gross floor area in any accessory
game room. All required parking shall be provided on site.
(25)
Self-service storage facilities (or mini warehouses), as defined and limited in § 198-2, in the I-3, I-4 and I-5 Industrial Districts, and in the C-6 Business Districts, provided that:
(a)
All the districts' required building setbacks
and parking buffers shall be provided. In addition, in no instance
where such facility abuts residentially zoned property shall any building
setback be less than twenty-five (25) feet, nor shall any landscape
buffer be less than twenty (20) feet wide on sites less than three
(3) acres and twenty-five (25) feet on sites three (3) acres or greater,
unless the districts' regular zoning requirements provide for a more
stringent requirement, in which case, the more restrictive standard
shall apply. In no instance where such facility abuts nonresidentially
zoned properties shall any landscape buffer be less than ten (10)
feet wide. Landscaped buffers of no less than twenty-five (25) feet
shall be provided along all street frontages, unless the districts'
regular zoning regulations provide for a more stringent requirement,
in which case, the more stringent standard shall prevail.
(b)
All areas not utilized for building, driveways,
parking and loading shall be appropriately landscaped. Buffers adjacent
to residentially zoned properties shall be landscaped with dense evergreen
trees and shrubs. The understory shrubs shall be shade tolerant.
(c)
No lot shall be less than one (1) acre nor more
than six (6) acres.
(d)
Building lot coverage shall be no greater than
fifty (50%) percent, except in districts having a more stringent requirement,
in which case, the more restrictive standard shall prevail.
(e)
More than one (1) main building may be permitted
on a lot.
(f)
The floor area ratio (FAR, gross building area
divided by gross lot area) shall be no greater than one-half (0.50).
(g)
There shall be no outside storage nor overnight
parking of vehicles except to accommodate the manager's residence.
(h)
Parking shall be provided at the rate of one
(1) space for every two thousand (2,000) square feet of gross floor
area, including the manager's office/quarters.
(i)
A perimeter buffer, exclusive of any driveways
or parking areas, of no less than five (5) feet shall be provided
around all buildings.
(j)
Driveways shall be no less than fifteen (15)
feet wide for one-way access around one-story buildings and no less
than twenty-four (24) feet wide for two-way access or access around
two-story buildings.
(k)
Signs shall be permitted and limited as for
the district in which the facility is situated.
(l)
One-story self-service storage facilities adjoining
residentially zoned lands, or facing such zoned lands across a street,
shall have pitched roofs with shingles.
(m)
All overhead doors facing, and within fifty
(50) feet of, a street frontage or a residence district boundary shall
be finished in earth tones.
(n)
In the I-3, I-4 and I-5 Industrial Districts,
the following additional regulations shall apply:
[1]
Buildings shall be no greater than two (2) stories,
or twenty-five (25) feet in height. A basement level shall be permitted
that shall not count towards FAR but shall count for parking.
[2]
Loading zones are not required for one-story
buildings but shall be required for two-story buildings (a basement
level shall count as a story). Such loading zones shall be no less
than ten (10) feet wide and twenty-five (25) feet long and shall be
provided within fifty (50) feet of any entrance providing access to
the second floor.
[3]
The maximum size storage unit shall be five
hundred (500) square feet, and a single tenant shall not be allowed
to rent more than five thousand (5,000) square feet.
(o)
In the C-6 District, the following additional
regulations shall apply:
[1]
Buildings shall be no greater than one (1) story,
or fourteen (14) feet in height. A basement level shall be permitted
that shall not count towards FAR but shall count for parking.
[2]
Loading zones are not required.
[3]
The maximum-size storage unit shall be three
hundred (300) square feet, and a single tenant shall not be allowed
to rent more than three thousand (3,000) square feet.
[4]
The building setback requirements of the C-5
Planned Shopping Center District shall also be required in the C-6
General Business District.
(26)
Dormitories or group residential facilities,
in any residence district, as accessory to educational institutions
providing elementary and secondary level instruction in courses and
programs approved by the New York State Department of Education to
address the needs of students requiring a residential program who
have been classified as autistic, intellectually or developmentally
disabled. The minimum lot size for such conditional use shall not
be less than ten (10) acres in area. The adequacy of parking, traffic
control, setbacks and recreation areas shall be subject to the review
and approval of the Planning Board which may make reasonable modifications
to such plans to promote safety, health and general welfare of the
community. No building permit shall be issued until such plans have
been approved by the Planning Board and the conditional use is granted
by the Zoning Board of Appeals. The approval of the Suffolk County
Board of Health shall be secured prior to the issuance of a certificate
of occupancy.
B.
[2]Any use listed in this article and lawfully existing on
the effective date of passage of these regulations shall be a nonconforming
use unless within one (1) year it has been approved, upon application,
by the appropriate Board or has previously been approved by the Board
of Appeals.
[2]
Editor's Note: Former Subsection B, concerning the authorization of uses by the Board of Appeals, added 9-22-1993 by Ord. No. 93-ZC-314 as amended 9-10-1997 by L.L. No. 19-1997, was repealed 1-26-1999 by L.L. No. 2-1999. This local law also provided for the redesignation of this subsection, formerly Subsection C, as Subsection B.
[Added 3-21-2017 by L.L.
No. 11-2017]
A.
Congregate care facilities. A special use permit for a congregate
care facility may be approved by the Town Board subject to the following
requirements:
(1)
(3)
Procedure.
(a)
The application shall consist of a Letter of Intent describing
the proposed project and property; Part I of a Short Environmental
Assessment Form; copies of any covenants and restrictions filed against
the property; property deed; any leases or contracts of sale; Town
disclosure forms for all involved parties; and a nonreturnable application
fee of seven hundred and fifty ($750) dollars which shall be filed
with the Huntington Town Clerk. An original and three (3) copies of
all paperwork shall be submitted. An original and eight (8) copies
of a site plan shall also be submitted to show how the property is
proposed for development.
(b)
The Town Clerk shall forward the application to the Planning
Board for review. The Planning Board shall conduct the SEQRA review
on behalf of the Town Board. The Planning Board shall review the application
and shall forward a written recommendation on the merits of the application
and a declaration of significance pursuant to SEQRA to the Town Board.
(c)
After receiving the recommendation of the Planning Board, if
the Town Board decides to consider the application further a public
hearing shall be scheduled and shall be advertised in a newspaper
of general circulation at least fifteen (15) days before the hearing.
Notice of the public hearing shall be served by the applicant to the
owners of property located within a radius of five hundred (500) feet
of the subject property at least twenty (20) days before the hearing
by regular mail. The applicant shall file an affidavit of mailing,
listing all of the names and addresses of the landowners that were
notified, with the Town Clerk at least four (4) days before the hearing.
(d)
The Town Board shall consider the special use permit guidelines as listed in § 198-66 of the Town Code in its review of the application, and may consider such other factors as it deems just and proper.
(e)
The Town Board may approve or deny the application. Any approval
may be subject to such terms and conditions as it deems reasonable
or necessary under the circumstances. If the Town Board approves the
application, the project shall require site plan approval by the Planning
Board.
[1]
Editor's Note: Former § 198-68.1, Wireless Telecommunications
Facilities, added 5-16-2011 by L.L. No. 19-2011, as amended, was repealed 4-13-2021 by L.L. No. 19-2021. See now Ch. 194, Wireless Telecommunications Facilities. Local Law No. 19-2021 also provided for the redesignation of former § 198-68.2 as § 198-68.1, and for the addition of the word "the" to the title of this section.
[Added 10-20-2020 by L.L
No. 38-2020]
(A)
Legislative intent. Battery Energy Storage Systems and Fuel
Cell Power Systems [individually or collectively referred to in this
section as an "Energy System(s)"] are allowed and authorized as provided
for herein. These regulations are intended to encourage the use of
environmentally friendly energy technologies in the Town, while fostering
their integration with the foremost regard for the health, safety
and welfare of residents, and without adverse impact upon any communities
or natural resources.
(B)
All provisions of this chapter which are by their nature applicable
to Energy Systems shall be applicable to Energy Systems, except to
the extent they are inconsistent with the provisions of this section.
In the event of a conflict between the provisions of this section
and any other provisions of this chapter, the provisions of this section
shall control.
(C)
Authorization and Criteria. Energy Systems are allowed as follows:
(1)
In the I-1 Light Industry District, I-2 Light Industry District,
I-3 Light Industry District, I-4 Light Industry District, I-5 General
Industry District, and I-6 Generating Station District, Energy Systems
are allowed as a principal or accessory building/structure and use,
and where they are a principal building/structure and use, they may
occupy a property with other principal buildings, structures or uses.
(2)
In the C-6 General Business District, Energy Systems are allowed
as an accessory building/structure and use. An Energy System may also
be allowed as a principal building/structure and use in the C-6 General
Business District, subject to -and upon the issuance of a special
use permit by the Planning Board.
(3)
Notwithstanding anything to the contrary in (C)(1) and (C)(2)
of this subsection or elsewhere in this chapter, where an Energy System
is in any of the authorized districts and is located on property which
is two acres or more in size and within 200 feet of a residential
property, a special use permit shall be required by the Planning Board.
(4)
For the purpose of this section, an Energy System is an accessory
building/structure and use if it occupies 2% or less of the lot and
is solely used to generate or supply energy to another structure or
building on the same lot. In all other circumstances, the Energy System
shall be a principal building/structure and use.
(D)
Height, area and bulk regulations. Article IX of this chapter shall apply to Energy Systems, as modified by the following:
(1)
The Energy System shall comply with the setbacks listed for principal buildings in § 198-55, except that in no event shall a setback of an Energy System be less than 10 feet.
(2)
The minimum setback shall be increased under the following conditions.
When the property on which the Energy System is located is adjacent
to or across the street from a property used for residential purposes,
the minimum setback shall be increased to 35 feet, and a 10-foot wide
evergreen screening buffer must be erected. In all other instances
when the Energy System is on property with street frontage, the minimum
setback shall be increased to 35 feet, and the Planning Board shall
mandate that either a 10-foot wide evergreen screen buffer, or alternatively
a 10-foot wide decorative landscaped buffer, be installed.
(3)
An Energy System shall have a maximum lot coverage of no greater
than 35%. In no event shall the maximum lot coverage of the Energy
System(s) combined with the existing lot coverage exceed 90%.
(4)
The maximum permitted height for an Energy System shall be 20
feet.
(E)
Additional regulations.
(1)
An Energy System shall be surrounded by fencing 8 feet in height,
which may be located on the property line or set back as directed
by the Planning Board.
(2)
Removal of vegetation and trees shall be minimized to the maximum
extent possible.
(3)
All on-site utility lines and facilities for the Energy System
shall be placed underground to the extent feasible.
(4)
Lighting of the Energy System shall be limited to that minimally required for safety and operational purposes. In no event shall the Energy System violate the standards for outdoor lighting set forth in Chapter 143 of this Code.
(5)
The noise generated by the Energy System shall be limited to that minimally required for safety and operational purposes. In no event shall the Energy System violate the standards for noise set forth in Chapter 141 of this Code.
(6)
Energy Systems shall be positioned so that reflected light or
noise are not projected onto neighboring properties, and screened
to mitigate any significant negative impacts.
(F)
Approvals required. An Energy System shall require Site Plan approval, a building permit from the Department of Engineering Services, a Certificate of Occupancy or other certificate of approval from the Department of Engineering Services, and otherwise be in full accordance with any and all applicable federal, state, and local laws, rules and regulations. The property owner or operator of the Energy System shall apply to the Planning Board for site plan approval prior to the issuance of a building permit. The Planning Board shall review such plans and act thereon as specified herein and in Article XVII of this chapter, and no building permit may be issued until the plan has been approved. Where a Fuel Cell Power System is sought to be installed, a proof of concept letter, or other indicia of need, from the local electric company, shall be submitted to the Planning Board, acknowledging that the Fuel Cell Power System will be interconnected to the utility grid to supply electricity to the electric corporation.
(G)
Decommissioning Plan.
(1)
All applications for an Energy System shall be accompanied by
a decommissioning plan to be implemented upon abandonment, or cessation
of activity, or in conjunction with removal, of the Energy System.
Prior to removal of an Energy System, a demolition permit for removal
activities shall be obtained from the Building Department.
(2)
The decommissioning plan shall ensure that the site will be
restored to a useful, nonhazardous condition without delay, with details
including, but not limited to, the following:
(a)
The manner in which the Energy System will be decommissioned;
(b)
Removal of aboveground and belowground equipment, structures
and foundations;
(c)
Restoration of the surface grade and soil after removal of equipment;
(d)
Revegetation of restored soil areas with native seed mixes,
excluding any invasive species; and
(e)
The time frame for the completion of site restoration work.
(3)
It shall be unlawful to fail to comply with a decommissioning
plan.
(H)
Commissioning. The Commissioning of an Energy System shall be
conducted by a New York State licensed professional engineer or registered
architect, after the installation is complete but prior to a Certificate
of Occupancy or other certificate of approval from the Department
of Engineering Services being issued.
(I)
In the event that its construction has started but the Energy
System has not been completed and become functional within 18 months
of final site plan approval, the Town may send a notification to the
property owner and/or operator of the Energy System that they must
within 180 days of the service of the notification either complete
the construction and installation or implement the decommissioning
plan and restore the site. The Energy System must be completed and
functional, or the decommissioning plan must be implemented and the
site restored, within 180 days of the service of the notification,
or such time as has been extended by the Director of the Department
of Public Safety for good cause shown and upon satisfactory proof
that there have been substantial efforts made towards compliance.
(J)
Upon cessation of operation of a fully-constructed and functioning
Energy System for a period of one year, the Town may notify the property
owner and/or operator of the Energy System that, within 180 days of
the service of the notification, they must either resume the operation
of the Energy System, or implement the decommissioning plan and restore
the site. The property owner and/or operator of the Energy System
shall either resume operations, or implement the decommissioning plan
and restore the site, within 180 days of the service of the notification
by the Town, or such time as has been extended by the Director of
the Department of Public Safety for good cause shown and upon satisfactory
proof that there have been substantial efforts made towards compliance.
(K)
It shall be unlawful for any property owner or operator of an
Energy System to fail to maintain the Energy System, or allow the
Energy System to fall into disrepair.
(L)
No oversight or dereliction of duty on the part of the Town
shall serve to legalize the maintenance, erection, construction, alteration,
modification, replacement or removal of an Energy System, or to legalize
the use and/or occupancy of any property, building or structure for
the operation of any Energy System, if the work or activity is conducted
in violation of this chapter or other applicable local, state and/or
federal law, rule, ordinance or regulation.
Any other provision of this chapter notwithstanding,
uses listed in this section are prohibited in all districts:
A.
Manufacturing uses involving the primary processing
or compounding of the following products from raw materials: asphalt,
coke, cement, creosote, carbide, disinfectants, dyes (aniline), ammonia,
caustic soda, chlorine, cellulose, industrial alcohol, nitrates (of
an explosive nature), potash, plastics and synthetic resins.
B.
Chemical works; handling or production of explosive
or corrosive materials, gas or acids in bulks; nitrating of cotton.
C.
Smelting, refining, reducing or alloying of metals
and metal ores; refining of petroleum products; distillation of wood,
bones or coal; reduction and processing of wood pulp and fiber.
D.
Manufacture of fireworks, glue, size, gelatin, fertilizer,
emery cloth, sandpaper, oilcloth, linoleum, matches, paint, rubber,
soap, polishes and waxes, lampblack, salt, paint, varnishes and turpentine.
E.
Milling of starch, flour, feed or grain.
F.
Manufacture or storage of explosives.
[Amended 12-13-2011 by L.L. No. 34-2011]
G.
Tar distillation, tar roofing and waterproofing manufacture.
H.
Abattoir, slaughtering of animals, fish processing
or stockyards.
I.
Class
I and II flammable liquids as defined in the Fire Code of New York
State. The storage of Class I and II flammable liquids in above-ground
tanks outside of buildings and structures.
[Added 12-13-2011 by L.L. No. 34-2011[1]]
J.
Rendering of fat or manufacture of yeast, tallow or
lard; wool pulling or scouring; tanning, curing or bulk storage of
leather.
K.
Dumps, except where owned or operated by the Town.
L.
Open burning of garbage, rubbish, pesticides, plastics,
or other non-organic materials.
[Amended 12-13-2011 by L.L. No. 34-2011]
M.
Lodging houses.
[Added 4-19-2005 by L.L. No. 10-2005]
(1)
It shall be prohibited for an owner, operator, agent,
manager or person-in-charge of a property to maintain or operate or
to allow the maintenance or operation of any property as a lodging
house.
(2)
It shall be presumptive evidence that an owner, operator,
agent, manager or person-in-charge of property is maintaining or operating
or causing property to be maintained or operated as a lodging house
where such property is being used by lodgers.
(3)
In determining whether a property is not maintained
or operated or is not caused to be maintained or operated as a lodging
house, the following criteria must be present:
(a)
The person(s) staying on, at or in the property
maintains the premises as a permanent mailing address; or
(b)
The person(s) staying on, at or in the property
has indicated the premises as their residence on legal identification
including but not limited to, drivers license, voter registration
or New York State non-driver identification cards; or
(c)
The person(s) staying on, at or in the property
is a party to a lease for a minimum period of one (1) month for a
specified room or part thereof in the subject premises; or
(d)
Any other factor reasonably related to whether
or not the property is being maintained or operated as a lodging house.
N.
Airports, helipads, aircraft and helicopters landing
areas.
[Added 12-4-2007 by L.L. No. 38-2007]
(1)
It shall be unlawful for a person or business entity
who owns or maintains property, or is in possession or in control
of property to establish, maintain, operate, or allow the maintenance
or operation of an airport, helipad, or an aircraft or helicopter
landing strip or site upon said property.
(2)
It shall be unlawful for a person or business entity
who owns or maintains property, or is in possession or in control
of property to allow or permit an aircraft or helicopter to land or
take-off upon said property.
(3)
Exemptions. Aircraft and helicopters shall be permitted
to land within the Town for the purpose of responding to a governmental,
military or medical emergency.
A.
More than one (1) main building may be located on
a lot used for a permitted multiple residence or institutional use,
and required yards shall apply to the periphery of the lot.
B.
In the case of commercial and industrial districts,
there shall be only one (1) main building on a lot.
[Amended 11-25-1975 by Ord. No. 75-ZC-59]
[Amended 9-28-1982 by Ord. No. 82-ZC-119]
(A)
No public garage, automotive repair shop, automotive
service station, game center or commercial amusement place shall be
located in any district within two hundred (200) feet of the lot line
of a premises used for a school, library, church, hospital or similar
public or semipublic use.
[Amended 3-22-2011 by L.L. No. 10-2011[1]]
(B)
No game center shall be located in any district within
two thousand (2,000) feet of the lot upon which a game center is located.
[Added 12-21-1982 by Ord. No. 82-ZC-120]
(C)
Adult establishments, as defined hereinbelow.
[Added 4-27-1999 by L.L. No. 9-1999[2]]
(1)
Legislative intent. The Town Board and staff
of the Town of Huntington have conducted an extensive review of land
use studies concerning secondary effects of sexually-oriented businesses
in other municipalities, including but not limited to the Town of
Islip and the City of New York, and have conducted their own study,
entitled "The Town of Huntington Adult Use Study." From review of
these studies, and the testimony of its citizens, the Town Board has
concluded the following:
(a)
Some uses, due to their very nature, have characteristics
which cause, or tend to cause, secondary adverse impacts upon the
community and have a deleterious effect on both surrounding businesses
and residential areas, such as increased crime and downgraded property
values. Said impacts are heightened by concentration of such uses
in any one (1) area, thereby aggravating deleterious effects on adjacent
areas and other uses.
(b)
Among such uses are sexually-oriented businesses,
which have serious objectionable characteristics, particularly when
operated in close proximity to each other, thereby contributing to
crime, lower property values, blight and downgrading of the quality
of life in adjacent areas. Special regulation of such uses is necessary
to ensure that said adverse secondary impacts do not contribute to
blighting or downgrading of surrounding neighborhoods or land uses.
(c)
Location of such uses in relation to residential
and other areas where youth may regularly assemble and/or congregate,
the general atmosphere around their operation and their downward impact
on property values, resulting in disinvestment with concomitant social
and economic deterioration, is of great concern to the Town of Huntington.
(d)
The special regulations set forth hereinbelow
are intended to ameliorate adverse secondary impacts of such uses
on adjacent areas and other land uses, to prevent concentration of
such uses in any one (1) area and to dissuade accessibility to such
uses by minors.
(2)
Definitions and word usage.
(a)
ADULT BOOK STORES
ADULT CLUBS or ADULT EATING OR DRINKING CLUBS
ADULT ENTERTAINMENT
[1]
[2]
[3]
ADULT ESTABLISHMENTS
[1]
[2]
[3]
[4]
ADULT LIVE PERFORMANCES
ADULT MASSAGE
ADULT MASSAGE PARLORS
ADULT NOVELTY SHOPS
ADULT PARAPHERNALIA
ADULT PHOTOGRAPHIC REPRODUCTIONS
ADULT PRINTED MATERIALS
ADULT THEATERS
ADULT VIDEO STORES
EMPLOYEE
FINANCIAL EXPENDITURES
HOSPITALS
LIBRARIES
MUSEUMS
NUDE, NUDITY or SEMINUDITY
OTHER ADULT COMMERCIAL FACILITIES
PARKS
PLAYGROUNDS or PLAYING FIELDS
RELIGIOUS INSTITUTIONS
SCHOOLS
SENSITIVE RECEPTORS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. Unless otherwise stated in the
subsection where the term is used herein, the meanings of terms used
in this section shall be as stated below:
Adult establishments which offer for viewing, sale or rental,
for any form of consideration or gratuity, adult entertainment through
the medium of adult printed materials or any other mediums.
Adult establishments which offer food or drink, for any form
of consideration or gratuity, such as nightclubs, bottle clubs, dance
clubs, cabarets, bars, restaurants or similar commercial establishments,
whether or not alcoholic beverages are sold or served, which feature
adult entertainment through the mediums of adult live performances,
showing of adult photographic reproductions or any other mediums.
Includes the causing, permitting or allowing of.
Offering printed materials, photographic reproductions
or live performances which are characterized by an emphasis on persons
who appear nude or in a state of nudity or seminudity; and/or which
are characterized by an emphasis on persons who expose specified anatomical
areas or engage in depiction or description of specified sexual activities;
and/or
Conduct by employees who, as part of their employment,
expose to patrons specified anatomical areas; and/or by two (2) or
more persons who congregate, associate or consort for purposes of
specified sexual activities, exposure of specified anatomical areas
or activities when one (1) or more of them is in a state of nudity
or seminudity; and/or
Offering paraphernalia designed, used or marketed
primarily for stimulation of human genital organs or sadomasochistic
use or abuse; and/or massage or any other treatment or manipulation
of the human body which occurs as a part of, or in connection with,
specified sexual activities or where any person providing such massage,
treatment or manipulation exposes specified anatomical areas of their
body.
Business or commercial enterprises:
Which maintain, derive or devote a substantial
portion of stock-in-trade, revenues, floor area and/or cellar space
or advertising of their business, in, from or to adult entertainment
of any type, for any form of consideration or gratuity; and/or
Where a substantial portion of the use of the
premises comprises adult entertainment, including but not limited
to those adult establishments specifically set forth by definition
in this section, other adult commercial facilities of a similar nature
or any combination thereof; and/or
Which are not the types of businesses customarily
open to the general public during the featuring of adult entertainment
because they exclude, or otherwise restrict, limit or condition access
by, minors by reason of age; and/or
Wherein the presence of other principal business
purposes shall not preclude their status as an adult establishment,
pursuant to the other elements of this definition.
Live performances which are characterized by an emphasis
on persons who appear nude or in a state of nudity or seminudity;
and/or which are characterized by an emphasis on persons who expose
specified anatomical areas or engage in depiction or description of
specified sexual activities; and/or conduct by employees who, as part
of their employment, expose to patrons specified anatomical areas.
Massage or any other treatment or manipulation of the human
body which occurs as a part of, or in connection with, specified sexual
activities or where any person providing such massage, treatment or
manipulation exposes specified anatomical areas of their body.
Adult establishments which offer, for any form of consideration
or gratuity, adult entertainment through the medium of adult massage
or any other mediums.
Adult establishments which offer for viewing, sale or rental,
for any form of consideration or gratuity, adult entertainment through
the medium of adult paraphernalia or any other mediums.
Includes instruments, devices, gear, equipment, apparatus,
accouterments or other appurtenances which are designed, used or marketed
primarily for stimulation of human genital organs or sadomasochistic
use or abuse.
Includes slides, films, motion pictures, videotapes, video
cassettes, compact discs or similar pictorial presentations characterized
by an emphasis on depiction or description of specified sexual activities
or specified anatomical areas.
Includes books, magazines, periodicals, photographs or other
printed matter which are characterized by an emphasis on depiction
or description of specified sexual activities or specified anatomical
areas.
Adult establishments, such as theaters, concert halls, auditoriums
or similar commercial establishments, whether indoors, outdoors or
drive-in, and peep shows or similar establishments, where viewing
is conducted in general areas or individual enclosures, which feature
adult entertainment, for any form of consideration or gratuity, through
the mediums of adult photographic reproductions or adult live performances
or any other mediums.
Adult establishments which offer for viewing, sale or rental,
for any form of consideration adult entertainment through the medium
of adult photographic reproductions or any other mediums.
Any person who works or performs in or for an adult establishment,
either on a regular basis or on single or multiple separate occasions,
regardless of whether or not said person is paid a salary, wage or
other compensation by the operator of said business.
Includes and shall mean any capital outlays made by the owner
of a nonconforming adult establishment who has applied to the Zoning
Board of Appeals for additional operating time directly related to
the adult establishment portion of the premises and exclusive of the
fair market value of the building in which such use is located.
Includes public or private buildings, structures, premises
or places, together with the grounds thereof, which are used primarily
for medical services, including but not limited to general and specialized
hospitals, clinics, infirmaries, sanitariums or asylums, and certified
by the State of New York.
Includes public or private buildings, structures, premises
or places, together with the grounds thereof, which are used primarily
for collection and use of books, periodicals, manuscripts, publications,
recordings, maps or other materials for reading, viewing, listening,
study, archives, athenaeums, reference and research.
Includes public or private buildings, structures, premises
or places, together with the grounds thereof, which are used primarily
for galleries, archives, treasuries, exhibitions, depositories and
repositories where works of art, scientific specimens or other objects
of permanent value are kept and displayed for reading, viewing, listening,
study, archives, athenaeums, reference and research.
The appearance, or state of dress, of a person, viewable
by one (1) or more other persons, wherein human genitals, pubic region,
buttocks, anus or female breast below a point immediately above the
top of the areola are exposed or less than completely and opaquely
concealed.
Business or commercial enterprises, other than those specifically
set forth by definition in this section, that offer or feature, for
any form of consideration or gratuity, adult entertainment through
any mediums as one (1) of its principal business purposes.
Includes active and passive public lands designated for park
purposes by the Town of Huntington, County of Suffolk, State of New
York, United States of America, or any other subdivision of government.
Public lands designated for recreational or athletic purposes
by any school district, library district, the Town of Huntington,
County of Suffolk, State of New York, United States of America, or
any other subdivision of government.
Includes buildings, structures, premises or places, together
with the grounds thereof, which are used primarily for religious worship
and for which an application has been made and granted for tax exemption,
including but not limited to churches, synagogues, mosques, pagodas,
temples, chapels, monasteries, convents, nunneries, cloisters, abbeys,
tabernacles or shrines.
Includes buildings, structures, premises or places, together
with the grounds thereof, which are used primarily for public or private
educational facilities, as recognized and defined by the New York
State Department of Education, including but not limited to preschools;
kindergartens; and nursery, elementary, primary, intermediate, junior
high, middle, secondary, high, vocational, special education and continuation
schools.
Includes buildings, structures, premises or places, together
with the grounds thereof, which are used primarily for public or private
hospitals, libraries, museums, religious institutions, schools, parks,
playgrounds or playing fields.
Includes, with regard to the human body:
Includes, with regard to the human body, actual or simulated
depictions or descriptions of:
(b)
Word usage. When not inconsistent with the content,
the present tense shall include the future and words used in the plural
shall include the singular, and vice versa. Furthermore, the word
"shall" is mandatory and the word "may" is permissive.
(3)
Exemptions. Nothing herein shall be construed
to apply to, prohibit, regulate or otherwise affect the following
uses, and shall not subject said uses to the provisions of this section:
(a)
Commercial art studios which receive their primary
source of revenue through the sale of commercial art.
(b)
Business schools, trade schools, junior colleges,
colleges, universities, medical schools or health science schools
duly licensed by the New York State Department of Education.
(c)
Medical facilities recognized by the State of
New York and medical or psychological professionals or physical, massage
or chiropractic therapists duly licensed by the State of New York.
(d)
Establishments where a medical, psychological
or similar professional, licensed by the State of New York, engages
in medically approved and recognized sexual therapy.
(e)
Barbershops or beauty salons in which massages
are administered only to the scalp, face, neck or shoulders.
(f)
Training facilities for any amateur, semiprofessional
or professional athletes, athletic teams or school athletic programs.
(g)
Health clubs which have facilities and equipment
for physical exercise, such as tennis courts, racquetball courts,
swimming pools, weight-lifting rooms or exercise machinery rooms,
and which do not receive their primary source of revenue through the
administration of massages.
(4)
Applicability. A business or commercial enterprise
is deemed an adult establishment, subject to the regulations set forth
herein, when adult entertainment comprises a substantial portion of
its business. Substantial portion shall be determined as follows:
(a)
Generally. The following shall be considered
in determining substantial portion:
[1]
Amount of floor area and cellar space accessible
to customers and allotted to adult entertainment of any type, generally,
or as compared to the total floor area and cellar space accessible
to customers; and/or
[2]
Amount of adult entertainment stock-in-trade
of any type accessible to customers, generally, or as compared to
total stock accessible to customers; and/or
[3]
Revenues derived from adult entertainment of
any type, generally, or as compared to total revenues; and/or
[4]
Advertising devoted to adult entertainment of
any type, generally, or as compared to total advertising; and/or
[5]
Use of the establishment for adult entertainment
of any type, generally, or as compared to total use thereof.
(b)
Conclusively. The following shall be conclusive
in determining substantial portion:
[1]
Forty (40%) percent or more of floor area and
cellar space accessible to customers allotted to adult entertainment
of any type; and/or
[2]
Forty (40%) percent or more of its stock-in-trade
in adult entertainment materials of any type; and/or
[3]
Forty (40%) percent or more of its gross income
derived from adult entertainment of any type; and/or
[4]
Forty (40%) percent or more of its advertising
devoted to adult entertainment of any type; and/or
[5]
Forty (40%) percent or more of its business,
generally, engaged in adult entertainment of any kind.
(5)
Regulations.
(a)
Location and size. In addition to any other
requirements of the Code of the Town of Huntington, the location of
adult establishments shall be restricted as follows:
[1]
The lot line of an adult establishment shall
not be located within one thousand five hundred (1,500) feet of the
lot line of another lot on which another adult establishment is located.
[2]
The lot line of an adult establishment shall
not be located within one thousand five hundred (1,500) feet of the
lot line of any sensitive receptor.
[3]
No more than one (1) adult establishment shall
be located on any one (1) lot.
[4]
No adult establishment shall exceed more than
two thousand (2,000) square feet of gross floor area.
(b)
Nonconforming uses and structures.
[1]
No nonconforming uses or structures may be changed
to an adult establishment nor be altered to include an adult establishment.
[2]
No nonconforming adult establishment may be
expanded, may expand the adult entertainment portion of their business
or be altered to include an additional form of adult entertainment.
[3]
Amortization of nonconforming adult establishments.
[a]
By grant of the Zoning Board of
Appeals, as set forth hereinunder, adult establishments legally existing
prior to, but rendered nonconforming by, adoption of this section
shall nonetheless terminate after a period of time necessary to recover
financial expenditures invested therein prior to February 1, 1999,
but in no event longer than five (5) years thereafter.
[b]
In order to be permitted to continue
operating for such period of time, an application shall be made to
the Zoning Board of Appeals by the owner of such adult establishment
within one hundred twenty (120) days of the effective date of this
section.
[c]
The Zoning Board of Appeals may
issue a special use permit allowing such adult establishment to continue
operating only for that period of time necessary to recover said financial
expenditures, within the limits set forth hereinabove, and only after
determining, based on evidence offered by the applicant, that:
[i]
Prior to February 1, 1999, the
applicant made financial expenditures related to the adult establishment;
and
[ii]
The applicant can demonstrate
the actual amount of said financial expenditures; and
[iii]
The applicant has not yet recovered
substantially all of said financial expenditures, and how much; and
[iv]
The amount of additional operating
time necessary to recover such financial expenditures.
[2]
Editor's Note: This local law repealed former
Subsection D, Adult uses (as hereinafter defined), added 1-22-1991
by Ord. No. 90-ZC-246.
(D)
An establishment possessing a license to sell or serve
alcoholic beverages for on-premises consumption shall be subject to
the following:
[Added 1-26-1999 by L.L. No. 2-1999]
(1)
The distance restrictions specified by the New
York State Alcoholic Beverage Control Law.
(2)
A forfeiture and revocation of a certificate
of occupancy or of permitted use upon written notice, and no similar
authorization to be issued for a period of two (2) years to any establishment
occupying the same premises in the event that:
(a)
In any six-month period more than two (2) separate
summonses are issued for violations of a public assembly permit issued
pursuant to § 111-306 of the Code of the Town of Huntington;
or
(b)
In any six-month period more than one (1) summons
is issued for selling or serving alcoholic beverages to minors.
(3)
The forfeiture and revocation of authorization
may be appealed to the Town Board within thirty (30) days of the receipt
of notice thereof. Pending a determination by the Town Board, the
effect of such forfeiture and revocation shall be strayed.
(E)
Sale of adult materials prohibited in certain locations.
[Added 9-24-2002 by L.L. No. 42-2002]
(1)
Legislative intent. The Town Board previously
conducted an extensive review of land use studies concerning the secondary
effects of sexually oriented businesses in other municipalities and
have conducted their own study, entitled "The Town of Huntington Adult
Use Study." From a review of these studies, the Town Board has concluded
that a significant adverse impact results from the exposure and sale
of adult materials, as defined, to minors and that such exposure is
particularly likely to occur at locations proximate to schools and
religious institutions, which are frequented by minors and families.
The Town Board finds that this zoning regulation, enacted pursuant
to the Town's police power, is consistent with and in furtherance
of the laws of the State of New York which regulate the exposure of
minors to adult materials, Penal Law § 245.11, and the location
of establishments holding liquor licenses in relation to schools and
places of religious worship, Alcohol Beverages Control Law §§ 64(7)
and 105(3). The Town Board further intends this legislation to be
in compliance with all lawful limitations and therefore has narrowly
tailored the restrictions contained herein and has determined that
there exists reasonable alternative locations for the sale of adult
materials.
(2)
The restriction contained in this subsection is intended to be in addition to all other restrictions set forth in § 198-71C.
(3)
For the purposes of this subsection, "adult materials" shall mean and include the following materials as defined in § 198-71C(2) herein: "adult paraphernalia, adult photographic reproductions and adult printed materials." "Schools" and "religious institutions" shall be as defined in § 198-71C(2) herein.
(4)
The sale of any adult materials shall be prohibited
at locations whose lot line is located within five hundred (500) feet
of the lot line of a school or religious institution.
(5)
Amortization of nonconforming establishments
selling adult materials.
(a)
By grant of the Zoning Board of Appeals, as
set forth hereinunder, any establishment where the sale of adult materials
is legally existing prior to, but rendered nonconforming by, adoption
of this section shall nonetheless terminate after a period of time
necessary to recover financial expenditures invested therein prior
to September 10, 2002, but in no event longer than five (5) years
thereafter.
(b)
In order to be permitted to continue operating
for such period of time, an application shall be made to the Zoning
Board of Appeals by the owner of such establishment within one hundred
twenty (120) days of the effective date of this section.
(c)
The Zoning Board of Appeals may issue a special
use permit allowing the establishment selling the adult materials
to continue operating only for that period of time necessary to recover
said financial expenditures, within the limits set forth hereinabove,
and only after determining, based on evidence offered by the applicant,
that:
[1]
Prior to September 10, 2002, the applicant made
financial expenditures related to the establishment; and
[2]
The applicant can demonstrate the actual amount
of said financial expenditure; and
[3]
The applicant has not yet recovered substantially
all of said financial expenditures and provides proof of the amounts
recovered to date; and
[4]
The amount of additional operating time necessary
to recover such financial expenditures.
(F)
Hookah Lounges and Vape Lounges and Vape Stores.
[Added 9-27-2016 by L.L.
No. 41-2016; amended 5-9-2023 by L.L. No. 7-2023]
(1)
Hookah and Vape Lounges shall be prohibited within one-thousand
five-hundred (1,500) feet, and retail Vape Stores shall be prohibited
within five-hundred (500) feet of the lot line of any park, playground,
religious institution, or school; and
(2)
Shall be prohibited where there are residences within a mixed-use
building; and
(3)
No more than one Hookah or Vape Lounge or Vape Store shall be
located on any lot; and
(4)
Hookah and Vape Lounges and Vape Stores may be established in
C-5 and C-6 commercial districts.
Drainage of stormwater incident to any school,
any commercial or industrial use, use requiring the issuance of a
special use permit or use requiring the review and approval of site
development plans shall be disposed of on the site.
Machinery which is accessory to an industrial
use shall be electrically operated except for vehicles or machinery
used for loading or hauling, and individual power plants shall be
permitted to those required for emergency or standby use.
[Amended 11-19-2002 by L.L. No. 66-2002; 5-10-2005 by L.L. No. 18-2005; 7-21-2020 by L.L. No. 29-2020]
(A)
Purpose.
To provide guidance with regard to vision obstructions and sight
distance requirements in order to maintain and preserve an unobstructed
view along streets, highways, at intersections, and driveways so as
to safeguard and protect vehicular and pedestrian travel along the
public ways.
The horizontal and vertical alignment of a street affects sight
distance. Objects such as buildings, fences, signs, walls, parked
motor vehicles, cut slopes, shrubs, bushes, trees, flowers, plants,
and other objects within and outside of the right of way can also
significantly affect sight distance. However, some objects may be
located within sight distance areas and not significantly obstruct
the required visibility of the driver. The driver may be able to see
over, under or around some objects within sight distance areas.
This policy shall be used in the evaluation of public safety
with regard to sight distance in and adjacent to the public right
of way within the Town. The policy shall regulate the design of new
streets and the reconstruction of existing streets. The policy shall
also apply to street designs within the Town's jurisdiction constructed
by private developers. It shall also apply to landscape improvements
adjacent to new and existing streets.
This policy is not intended to be applied without qualification
to existing conditions. To the extent deemed reasonably practical
by the Town, existing facilities will be required to match these requirements.
The sight distance requirements presented in this policy are minimum
requirements and should be increased where reasonably practical and
where social, economic, and environmental considerations allow.
(B)
Definitions and word usage.
(1)
Sight distance is the length of street or sight line visible
to a driver who is travelling along the street or waiting to enter,
cross, or pass along the street.
(2)
Vision obstructions are objects located within sight distance
areas and/or along sight lines which significantly restrict or obstruct
the visibility of a driver. Vision obstructions include, but are not
limited to, the following: a wall, fence, tree, hedge, shrub, sign,
parked motor vehicle, structure or growth in excess of three (3) feet,
movable or stationary object, any other object, growth, or structure
deemed to significantly affect sight distance as determined by the
Director of the Department of Transportation & Traffic Safety
or his or her designee.
(C)
No obstruction to vision, as defined in this section, shall be erected
or maintained on a corner lot within the triangular area bounded by
the lines connecting the street corner of the lot and a point twenty-five
(25) feet from such corner on each of the intersecting street lines,
except within the Huntington Village Business Improvement District,
the Huntington Station Business Improvement District, and the East
Northport business district, where a building, including its appurtenances,
may occupy such area, and freestanding signs as provided in § 198-93(R).
(D)
Any person who creates or causes a condition upon or adjacent to
any highway, street, sidewalk, or other public right of way within
or maintained by the Town of Huntington, which impairs the public
use thereof, renders the same dangerous for passage, or creates a
significant vision obstruction shall be in violation of this section.
[1]
Editor's Note: Former § 198-75, Subdivision of land
into nonconforming lots, was repealed 2-10-2015 by L.L. No. 16-2015.
[Amended 5-10-2005 by L.L. No. 15-2005]
A.
No commercial vehicles or construction equipment shall
be kept, deposited, or maintained upon any residential property without
proper municipal authorization or Zoning Board grant. Commercial vehicles
or construction equipment, as used within this section, shall include,
but not be limited to, limousines, road rollers, power shovels, road-building
machines, road sweepers, sand spreaders, well drillers, box trucks,
dump trucks, back hoes, skid steers, bulldozers, cranes, earth movers,
fork lifts, scaffolding, tractors, tractor-trailer combinations or
individual parts thereof, harvesting machines, moving vans, refuse
collection vehicles, tank-body-type vehicles or other vehicles with
six (6) wheels or more having the chassis and body-type of a truck,
or a house coach as defined by the New York State Vehicle and Traffic
Law, or other equipment maintained or used for purposes of construction,
demolition or commercial landscaping regardless of whether it is being
used for such intended purposes.
B.
No boat, trailer, house coach or mobile home in excess
of fifteen (15) feet in overall length shall be kept in the area between
the street right-of-way and the front line of the main building projected
to side lot lines on any lot in a residential district.
C.
No boat, trailer, house coach or mobile home shall
be maintained in such manner as to constitute a hazard to children.
D.
No vehicle shall be kept, deposited, or maintained
upon any residentially-zoned property, that utilizes six (6) or more
wheels to operate, without proper municipal authorization or Zoning
Board grant unless the Director of Public Safety or his designee determines
the vehicle is being used for non-commercial purposes.
Landscaping and screening as defined and required
in this chapter is designed to provide for a high standard of aesthetic
character, maintenance and improvement of property values, protection
of persons and property and protection of residential areas from the
adverse effects of nonresidential development resulting from the transmission
of dust, glare and noise.
(A)
Screening or fencing. In any district, screening or
fencing shall be required along any lot line of a premises used for
nonresidential purposes where such premises abuts a residence district
boundary or where specified elsewhere in this chapter. A screening
strip shall not be less than ten (10) feet in width, except where
a lesser or greater width is specified in the district regulations.
Screening requirements may be waived or reduced by the applicable
Board upon a finding that such screening is unnecessary by reason
of topographic conditions or other site characteristics.
(B)
Landscaping. All areas of any lot not used for structures,
parking and loading areas or accessways shall be planted in grass,
shrubs and trees in conformance with a landscape plan approved by
any board or official empowered to approve site plans, by the Board
of Appeals in the case of special use permits by it, the Planning
Board in the case of special use permits issued by it, and by the
Building Inspector in all other cases. Such landscaping areas shall
be regularly maintained so as to assure the viability of all required
plant material, and lack of such maintenance shall constitute a violation
of this chapter.
(C)
Watering systems. In I-1 and I-2 Light Industry Districts,
all site plans shall be required to show landscape watering systems
adequate to cover all required landscaping areas which lie between
the front line of the main building, as projected from side line to
side line, and the street right-of-way line, and such systems shall
be installed prior to the issuance of a certificate of occupancy.
