Huntington City Zoning Code
ARTICLE XI
Conditional Uses; Supplementary Regulations
§ 198-66 Conditional uses; special use permits.
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]
§ 198-67 Submission of plans.
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.
§ 198-68 Uses permitted by Board of Appeals.
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.
§ 198-68.1 Uses Permitted by the Town Board. [1]
[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.
§ 198-68.3 Energy Systems.
[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.
§ 198-69 Prohibited uses.
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.
§ 198-70 Regulations regarding main buildings.
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]
§ 198-71 Location restrictions for certain uses.
[Amended 9-28-1982 by Ord. No. 82-ZC-119; 12-21-1982 by Ord. No. 82-ZC-120; 1-22-1991 by Ord. No. 90-ZC-246; 1-26-1999 by L.L. No. 2-1999; 4-27-1999 by L.L. No. 9-1999; 9-24-2002 by L.L. No. 42-2002; 3-22-2011 by L.L. No. 10-2011; 9-27-2016 by L.L. No. 41-2016; 5-9-2023 by L.L. No. 7-2023; 10-8-2024 by L.L. No. 42-2024; 7-15-2025 by L.L. No. 14-2025]
(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.
(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.
(C)
Adult establishments, as defined hereinbelow.
(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.
(D)
An establishment possessing a license to sell or serve alcoholic beverages for on-premises consumption shall be subject to the following:
(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.
(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.
(1)
Hookah and Vape Lounges shall be prohibited within one-thousand five-hundred (1,500) feet, and retail Vape Stores shall be prohibited within one-thousand five-hundred (1,500) 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 Hookah or Vape Lounge or Vape Store shall be located within one-thousand five-hundred (1,500) feet of another Hookah or Vape Lounge or Vape Store; and
(4)
Hookah and Vape Lounges and Vape Stores may be established in C-5 and C-6 commercial districts.
§ 198-72 Disposal of stormwater drainage.
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.
§ 198-73 Motive power of machinery.
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.
§ 198-74 Vision obstructions and sight distance.
[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.
§ 198-75 (Reserved) [1]
[1]
Editor's Note: Former § 198-75, Subdivision of land into nonconforming lots, was repealed 2-10-2015 by L.L. No. 16-2015.
§ 198-76 Commercial vehicles, construction equipment, boats and trailers.
[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.
§ 198-77 Landscaping and screening.
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.