Huntington City Zoning Code

No building shall exceed two stories in height, and

The maximum residential yield of this property is thirty-six (36) units, and

The development of this property is subject to the affordable housing requirements of the Huntington Town Code, Chapter 74.

The boundaries between districts are, unless otherwise indicated, either the center lines of streets or railroad rights-of-way or such lines extended or lines parallel thereto.

Where figures are shown on the Zoning Map between a street and a district boundary line, they indicate that said line runs parallel to the street line at a distance in feet therefrom equivalent to the number so indicated.

Where a district boundary is shown as following a Town or village boundary or a lot line or property line or a projection of any such line, said boundary shall be such line or projection thereof.

Where a district boundary is shown approximately parallel to a street line or railroad right-of-way and where such line does not follow a lot line or property line or is not established by ordinance or dimension on the Zoning Map, the following shall apply:

When the location of a district boundary line is not otherwise indicated, it shall be determined by the use of the map scale. Where the street layout on the ground varies from the layout shown on the Zoning Map, the map designation shall apply in such a way as to carry out the intent and purpose of this chapter for the particular area in question.

No land may be used except for a purpose permitted in the district in which it is located unless the use has been previously legalized with the Town or is recognized as a preexisting use under Section 198-102.

No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or part thereof be used, except for a use permitted in the district in which the building is located.

No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.

No building shall be erected and no existing building shall be enlarged or structurally altered except in conformity with the off-street parking and loading regulations of this chapter.

The minimum yards, parking space, open spaces and lot area per family as required by this chapter shall not be considered as required yard or open space for any other building, nor shall any lot area be reduced below the requirements of this chapter.

Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and, except as hereinafter provided, in no case shall there be more one (1) main building on one (1) lot. Notwithstanding the foregoing, where the Planning Board determines, after a public hearing, that better vehicle and pedestrian circulation with safer and closer access to buildings and flexibility of design may be achieved, the Board may approve more than one (1) main building on a lot in the industrial and commercial zoning districts. In no way shall this provision authorize an increase in the gross floor area or the building lot coverage that could otherwise be achieved. In no case shall the Planning Board approve more than one (1) main (principal) building on a lot where any of the main buildings is less than ten thousand (10,000) square feet or within one hundred (100) feet of a front property line and, in commercial zoning districts, within fifty (50) feet of any residence district boundary and, in the industrial zoning districts, within one hundred fifty (150) feet of my residence district boundary. In the industrial zoning districts, when more than one (1) main building is proposed on a single parcel of land, each building shall have a foundation planting, including trees and shrubs among other plantings, surrounding the structure (except for entrances and exits) that is at least five (5) feet wide and a sidewalk surrounding the foundation planting that is at least four (4) feet wide.

No person shall use, operate or maintain any van, truck or other automobile cab, body, trailer or other compartment, for purposes of utilizing as a shed, accessory building, accessory structure or other storage-type structure on any residential property or residentially zoned property.

Habitable Space. No person shall use, operate or maintain a detached residential garage as habitable space.

No land may be advertised for a use not permitted in the district in which it is located unless the use has been previously legalized with the Town or is recognized as a preexisting use under Section 198-102.

No land, building, structure or premises, nor part thereof, shall be used to plant, cultivate, harvest, dry, process, sell, or offer to sell, recreational cannabis.

In connection with subdivision plat approval pursuant to § 276 of the Town Law, the Planning Board may establish a building setback line other than the zoning setback line at which the required lot width for the district may be measured. Such line may be established by the Board where, by reason of irregular shape of property or unusual topographic conditions, the orderly development of the property or the neighborhood will be benefited thereby. Such line shall be shown on the plat. The Planning Board shall not establish a building setback line closer to the street than the minimum zoning setback line for the district except where, by reason of unusual topographic conditions, excessive clearing and regrading or excessive removal of earth would otherwise be required.

In cases other than plat approval pursuant to § 276 of the Town Law, the establishment of a building setback line other than the zoning setback line shall lie with the Board of Appeals, in accordance with Article XVI, and the standards and conditions set forth in Subsection A above shall apply.

The provisions of this section shall not apply to lots shown on a map approved by the Planning Board prior to December 7, 1965, which has been duly filed with the Suffolk County Clerk, nor to buildings for which a valid permit had been issued prior to December 7, 1965.

Any land that is or has been designated or required to be a screening area or buffer area pursuant to an approval by the Town Board, Planning Board or Zoning Board of Appeals of any grant of an application for a change of zone, variance or site plan approval, or which is required by ordinance or local law, must be maintained by the owner of the property or any of the owners, successors in interest or assignees.

When it is determined by the Town Board that any land is not maintained pursuant to such grant or ordinance, the Superintendent of Public Works, upon direction of the Town Board, shall notify the owner of record of such land, by registered mail to the address shown on the last preceding assessment roll, to erect, replace, repair or maintain fences, trees, plantings, shrubbery or other screening pursuant to the plan or ordinance.

In the event the owner of record does not comply with the notice within thirty (30) days from the date of said mailing, the Superintendent of Public Works may take the appropriate action to erect, replace, repair or maintain fences, trees, plantings, shrubbery or other screening on the designated land, and all costs and expenses so incurred shall be assessed against the land, which shall be collectible in the way real estate taxes are so collected.[1]