Huntington City Zoning Code

Site plan approval. Site plan review and approval involving any physical alteration of the land is required by the Planning Board for:

In all other cases, including construction of or additions to residentially-utilized properties, site plan approval shall be required from the Department of Engineering Services (Building and Housing Division).

Site plan review by the Planning Board is not required for interior alterations with no change in parking, loading areas, or outdoor storage or display, for development in downtown business districts where no parking will be provided on site, or in other instances listed in Chapter A202.

Amended site plan approval. Revisions to an approved plan which are not identified as minor by the Director of Planning and Environment and/or the Planning Board shall be submitted to the Planning Board for review and approval.

Curb cuts and parking lots should be designed to provide optimal traffic flow and connections between neighboring properties should be provided where practical.

Properties should be made accessible to mass transit users, pedestrians, bicyclists, and the handicapped. Handicapped parking spaces should be the closest parking spaces to the building entrance(s). Amenities for alternative transportation modes should be provided where appropriate.

Dumpsters, HVAC and utility equipment, and emergency generators should be screened from the street and residential property, by landscaping where possible. Dumpsters should be surrounded by masonry enclosures. HVAC equipment and generators should utilize walls to reduce noise transmission toward residential uses.

Architectural design should respect the local community context in terms of building and parking location, massing, scale, materials, color, and style. Projects will have to match design standards established for particular neighborhoods, if any. Unusual or distinguishing features of existing buildings should be preserved. Historic landmarks are subject to architectural review and approval by the Town Board.

A nonconforming lot created before January 1, 1980 which has been granted an area variance from the Zoning Board of Appeals before May 5, 1998.

Commercial lots having common ownership, except that commercial lots in common ownership continue to be subject to the merger clause pursuant to § 198-116.1(A) where the adjacent lot contains only storage, parking or other similar use accessory to the lot on which the principal commercial enterprise is conducted.

Minimize the effects of the use upon other property in the neighborhood;

Assure a harmonious arrangement of use; and

Implement the spirit and objectives of this chapter.

Location of principal and accessory buildings.

Limitation of signs or advertising devices, including number, size, location, type and illumination.

Limitation of amount, location, intensity and direction of exterior illumination including the imposition of stricter standards than those provided in Chapter 143.

Amount, location and improvement of off-street parking and loading space.

Type, location and design of drainage and drainage structures.

Control of access and circulation within the premises.

Grading and the location and type of retaining walls or structures.

Landscaping, screening, fencing and walls, including the location and type of planting and fencing required for screening purposes.

Hours of operation.

Structural changes, including the installation of storefronts.

Control or elimination of smoke, dust, gas, noise, vibration, odor and lighting.

Sound amplification devices.

Other conditions found by the Planning Board to be necessary.

The Chairperson, in consultation with the Planning Board, shall make rules as to applications for special use permits.

Upon the filing with the Planning Board of an application for a special use and upon payment of required fees, the time and place of the public hearing shall be provided as follows:

Notice of hearing shall state the location of the premises, the name of the owner and applicant and the general nature of the application. Any aspect of a special use permit application not duly noticed as stated in § 198-116.2(G)(2) and included in the mailing as in § 198-116.2(G)(5) shall be cause for the cancellation of a scheduled public hearing, and the applicant must then request a new date for said hearing and renotify and remail notice at the applicant's expense, as was required for the original hearing,

Cost and expense of providing the above notice shall be borne by the applicant.

Mailing of notices; rescheduling of public hearing.

As well as the notification provision in § 198-116.2(G), the applicant or his/her authorized agent shall also post a sign on each frontage of the subject property giving notice that an application is pending before the Planning Board and the nature of that application as well as the date, time and place at which the public hearing will take place.

The Department of Public Safety and the Office of the Town Attorney are hereby directed to inform the Planning Board, in writing, of the nature and extent of any code enforcement proceedings pending against any persons, entities or properties which have made application to the Planning Board for a special use permit. The Planning Board shall provide said Departments with sufficient information of pending applications that allows the Departments of Public Safety and Town Attorney to search its records. The Planning Board shall take the existence of stayed code enforcement proceedings into consideration when determining whether and/or to what extent requests for adjournment should be granted.

After the Planning Board has approved the issuance of a special use permit, such approval shall expire at the end of one (1) year unless a building permit shall have been issued. However, in the event the Planning Board finds good cause for the delay, then the Planning Board may grant a six (6) month extension of time. At the end of this six (6) month extension of time, a building permit shall have been issued. The Planning Board may grant such six (6) months' extension only upon a finding that conditions and circumstances have not changed, and no hearing shall be required as a basis for making such determination. An application for a six (6) month extension of a Planning Board approval must be made before the expiration of the original approval.

In the event a building permit has still not been issued at the expiration of the six (6) month extension, a compelling reason for the delay must be demonstrated to the Planning Board in order for it to consider granting any further extension. An application for an additional extension of a Planning Board extension grant must demonstrate a compelling reason and be made before the expiration of the extension granted pursuant to § 198-116.2(H)(1) set forth above. Absent a finding by the Planning Board demonstrating compelling reasons for the delay, should a building permit not be issued at the end of the six (6) month extension, any further consideration by the Planning Board of a particular special use permit shall require a new application and commensurate public hearing.

Should the grant expire, a de novo review is required with a new application and a public hearing before action by the Planning Board can occur. These time frames shall be tolled for the duration of a lawsuit challenging the Planning Board's issuance of a special use permit where the lawsuit was not commenced by the party who applied for the special use permit at issue and, where applicable, for the duration of an application before the Zoning Board of Appeals or the Town Board where said application is contingent upon the Planning Board approval, including the duration of any lawsuit challenging the determination of the Town Board or Zoning Board of Appeals where the applicant did not commence such lawsuit.

Alternate membership. There shall be two (2) alternate members of the Planning Board. Said alternates shall be appointed by resolution of the Huntington Town Board for a term of two (2) years and shall be compensated per diem at the rate established by the Town Board. Whenever it appears that a member of the Planning Board is unable to participate in an application due to a conflict of interest or disability or unavailability, the Chairman of the Planning Board may substitute such member with an alternate member for the purpose of deciding the application. Alternates shall be designated to serve on a rotating basis by the Chairman, and the designation shall be duly entered into the official minutes of the meeting at the time such designation is made. Once designated, the alternate member shall possess all of the powers and responsibilities of such member of the Board.

Pre-action notice. The Director of Planning and Environment shall notify a planning board member, in writing, when his or her absences have reached the threshold set by the Town Board, and the Director shall notify the Town Board and Town Attorney in writing once a member has exceeded the number of allowable absences.

Hearing. Upon review and recommendation of the Town Attorney, who shall consider whether such absences are excusable or occurred for good cause shown, a hearing to determine whether to remove the member may be held by the Town Board or a duly appointed Administrative Hearing Officer, at the option of the Town, it being the intention of the Town Board to provide for due process that is delivered in a fair and expeditious manner. For this reason, the Town Board is exercising its authority pursuant to § 64(23) of the Town Law, § 10(1)(ii)(a)(1) and § 10(1)(ii)(d)(3), § 10(3)(b) and (4)(b) of the Municipal Home Rule Law and other applicable and successor law or rule, to expand on and/or supersede the provisions of Town Law § 271(9) and other applicable laws.

Notice. Notice of the date, time and place of the hearing and subject matter thereof shall be served upon the member by registered or certified mail, return receipt requested, and by regular mail, and addressed to the member's last known address at least fifteen (15) days before the hearing.

Conduct of hearing. During the hearing, the Town Board or Administrative Hearing Officer may hear testimony and receive evidence from the Town Attorney, Chairman of the Planning Board, and any other person in support or in opposition to such removal. The member shall be entitled to be represented by legal counsel and provided with an opportunity to be heard. He may present the testimony of witnesses and other evidence in his own behalf as he deems necessary and relevant to the subject matter of the hearing. No hearing shall be adjourned except for good cause shown. All hearings shall be recorded.

Administrative Hearing Officer. If the matter is referred to a Hearing Officer, he or she shall consider the testimony and may accept or reject, in whole or in part, the evidence presented. The Hearing Officer shall have thirty (30) days to submit his written findings and recommendations, including the action to be taken, to the Town Board for ultimate determination. The Hearing Officer's findings and determination shall be mailed to the planning board member, or his attorney, if applicable, by both regular mail and by registered or certified mail, return receipt requested, no later than seven (7) days of the date of the Hearing Officer's report. The member shall have at least seven (7) days from receipt of the report to file his written objections to the Hearing Officer's report in the office of the Town Clerk.

Town Board Action. If the matter is retained by the Town Board, notice of the public hearing shall be published by the Town Clerk at least ten (10) days before the hearing, and shall be given to the member in the manner set forth in section (3). The hearing shall be conducted as set forth in section (4). The Town Board shall render its findings and determination no later than the next regularly scheduled Town Board meeting following the public hearing, if one is held. If the matter had been referred to a Hearing Officer, the Board shall consider the Hearing Officer's Report and any objections submitted by the member, and may accept or reject, in whole or in part, the evidence presented.

Determination of the Board. A copy of the resolution containing the Town Board's findings and determination shall be filed with the Town Clerk and mailed to the member named in the original notice, or his attorney(s), if known, by regular mail and by registered or certified mail, return receipt requested. The determination of the Town Board shall be final and judicial review of such determination may be sought pursuant to Article 78 of the CPLR.

Failure to appear. If there has been no appearance before the Administrative Hearing Officer by the member or his attorney, or before the Town Board if the matter has been retained, the Town Board may hold the member in default and make a determination on the issue in the same manner as if the member were present at the hearing.

A preliminary map has been approved.

The plot has frontage on an existing major street.

No modification of the zoning requirements applicable to the plot has been requested.

Legislative intent. It is the intention of the Town Board to protect the health, safety and welfare of those residing in neighboring properties and the community-at-large from the impacts of land development, and to facilitate the expeditious processing of applications by providing the Planning Board with a mechanism by which it can seek the assistance of outside professionals and/or commission independent studies at the applicant's expense to assist in evaluating any matter over which the Board has jurisdiction. In order to accomplish these goals, the Town Board is exercising its police power and authority under § 10(1)(ii)(a)(6), (11) & (12) and § 10(1)(ii)(d)(3) of the Municipal Home Rule Law; the New York State Constitution; § 64(23), § 130(15), § 274-a, § 276, § 277 & § 280-a of the Town Law, and any other applicable provision of law now or hereinafter enacted to supercede and/or expand on the provisions of Town Law § 265-a, § 274-a(2)(b) & (4), § 276(1), (2) & (6)(d)(ii)(3), § 277, § 280, § 280-a(2) and any other applicable provision of law now or hereinafter enacted, so as to require full payment of all such fees as a condition of subdivision and/or site plan approval, and the issuance of a building permit or other town approval.

As a condition of processing any matter over which it has jurisdiction, the Planning Board may, at any time, require an applicant to pay for the reasonable costs of such independent studies and/or outside consultants as may be reasonably related to the matter under review. All such costs shall be paid by cash or certified check and are in addition to any other required fee. Within thirty (30) days of the date on the written request for payment, the applicant shall submit to the Department of Planning and Environment for deposit into a non-interest bearing trust and agency account maintained by the Town an amount determined by the Planning Board, or its designee, to be utilized by the Town to pay for such services during the review process. Upon request, the applicant shall be provided with copies of invoices submitted to the Town for the work of outside consultants and studies. In the event the sum initially deposited by the applicant is not sufficient and additional funds are necessary, the applicant shall pay such additional sums within twenty (20) days of the date on the written request for payment. After all reasonable charges have been paid to the vendor(s) by the Town, any balance remaining on deposit in the account shall be returned to the applicant. In the event an application is withdrawn at any stage by the applicant, any unused portion of the sums on deposit shall be returned to the applicant.

In its discretion the Planning Board may adopt or reject, in whole or in part, the findings and determinations of any consultant or study commissioned by the Board or applicant.

The Planning Board is not authorized to approve a subdivision map that creates through lots of existing lots; furthermore, the Board shall not consider a map fully conforming if it creates through lots of existing lots.

No lot shall be subdivided and no portion of a lot shall be sold where such subdivision or sale shall result in the establishment of one (1) or more parcels that are nonconforming in respect to the minimum area, yard or other requirements for the district in which the lot is located.

Covenanted conveyance. The following procedure, when approved by the Planning Board, shall apply to a parcel of land which has the capability of being subdivided into lots conforming in all respects to this chapter of this Code: One (1) lot may be conveyed, provided said conveyance is to a church organization, a cemetery association or to a member of the family of the owner. The remaining portion of the parcel shall remain as such unless and until subdivision is instituted with the Planning Board. The condition imposed hereinabove shall be covenanted by the owner and shall be filed in the office of the Clerk of the County of Suffolk; the covenant shall bind the grantor as well as all future owners, assigns and successors in interest.

Comprehensive site plan. A site plan for property located within the R-RM Retirement Community Zoning District which has received Planning Board site plan approval and complies with all the requirements of this chapter may be divided into one (1) or more parcels for the purposes of ownership and management and such division shall not constitute a subdivision, provided that the owners of each parcel execute and duly record a restrictive covenant approved by the Town Board binding the owner and all successors and assigns to maintain the property in accordance with the approved site plan, and said restrictive covenant shall irrevocably bind such owner and his successors and assigns to adhere to the originally approved site plan. The requirements of the Code with respect to minimum yards, gross site area, and maximum density shall apply to the entire site but shall not apply to each separately owned parcel.