Huntington City Zoning Code
ARTICLE XIX
Zoning Map Amendments
§ 198-126 Authority to amend the zoning map.
(A)
Change of zones. The Town Board may from time to time, in its discretion, amend, supplement, modify, repeal or change the Zoning Map of the Town of Huntington on its own motion, on application, or on recommendation of the Planning Board, but only after a public hearing has been held by the Town Board to consider the action.
(B)
Rescission, modification or clarification of covenants and restrictions. Any application to rescind or modify covenants and restrictions established by the Town Board, or to interpret or clarify such covenants and restrictions, shall be referred first to the Town Board for a determination before an application to the Planning or Zoning Boards can be filed. In the event, a rescission, modification or an interpretation of covenants and restrictions established by the Town Board becomes necessary in the course of processing an application before the Planning Board or Zoning Board of Appeals, then in that event the application shall be held in abeyance until such time as an application is filed before the Town Board for such relief and the matter is decided.
§ 198-127 Application for a change of zone.
(A)
A property owner, contract vendee, or lessee holding a current lease may apply to the Town Board for a change of zone by filing a complete application and all required supporting documentation with the Huntington Town Clerk. In every instance, the property owner must sign the application consenting to such relief. An application fee in the amount set forth in this Article is due and payable at the time of application. No application shall be accepted for filing unless it is complete.
(B)
The Town Clerk shall forward copies of the application to the Town Board, Director of Planning and Environment and Town Attorney.
[Amended 7-13-2021 by L.L. No. 35-2021]
(C)
The Director of Planning and Environment shall, within 30 days of receipt of a complete application, prepare and provide the Town Board with a synopsis of the application, identifying the proposal's compatibility with adopted land use plans, local laws, and surrounding land uses and zoning. The Director may request additional documentation from the applicant as he deems necessary to complete the synopsis.
(D)
Within 30 days of receipt of the synopsis, the Town Board may determine whether to entertain the application, seek additional review, or refer it to the Planning Board for its written recommendation on the merits of the application and a declaration of significance pursuant to SEQRA. If the Town Board refers the application to the Planning Board, it may specify a reasonable period of time within which the Planning Board's written recommendations are to be submitted. If the Town Board fails to take any action within said thirty-day period, the application shall be automatically forwarded to the Planning Board for analysis. Nothing contained in this Article shall prevent the Town Board from holding a public hearing on the merits of the zone change application without the recommendations of the Planning Board.
(E)
In the event the Town Board wishes to further entertain the application, it shall make a final decision only at the conclusion of the SEQRA process and after holding a public hearing on the application for a change of zone. If a positive declaration has been issued by the Town Board and a public hearing is scheduled, the Director of Planning and Environment shall coordinate the SEQRA review on behalf of the Town Board.
§ 198-128 Application requirements.
[Amended 7-13-2021 by L.L. No. 35-2021]
The application requirements for a change of zone or to amend the original application as described in this section shall be deemed complete if accompanied by the following documents and such other documents as may be requested by the Director of Planning and Environment.
(A)
An original and nine copies of a signed and completed application form.
(B)
Four copies of the current deed to the property proposed for a change of zone indicating in whom title to the property is presently vested and containing a metes and bounds description and Suffolk County Tax Map Number. In the event only part of the total property holding is being proposed for a change of zone, four copies of the deed to the owner's total property holding is still required.
(C)
Four copies of a metes and bounds description of the property proposed for a change of zone prepared by a duly licensed surveyor. Such metes and bounds description shall not include any area retaining its existing zoning and shall be shown on one of the maps or submitted as a separate document.
(D)
If the property is in contract to be sold or leased for a term of years at the time of application, then four copies of the executed contract of sale and/or lease agreement must be submitted.
(E)
In each case where the applicant is not the property owner, the property owner's notarized signature consenting to the application for a change of zone shall be required on the application.
(F)
Four copies of any covenants and restrictions affecting the property proposed for a change of zone and/or the total contiguous property holding of the owner, if applicable.
(G)
An original and three copies of a disclosure affidavit which shall be executed by all applicants, property owners, contract vendees, and/or lessees of the property proposed for a change of zone.
(H)
Six copies of a Land Use and Zoning Map, with a 500 feet radius around the subject property (or total land holdings), or 200 feet as applicable, showing the following information: tax map parcels; zoning districts shown by various hatched lines or patterns; zoning legend; general description of land use for each parcel (i.e. residence, retail, office, restaurant, gas station, etc.); rough outlines of buildings and structures only for parcels immediately adjacent to the subject property (or total land holdings if required by the Planning and Environment Department); road names; scale and north arrow.
(I)
Eighteen copies of a site plan showing the proposed development of property which is proposed for a change of zone.
(J)
An original and two copies of a fully completed Environmental Assessment Form (EAF) Part I shall be submitted with the application. A Draft Environmental Impact Statement voluntarily submitted by an applicant will be accepted in lieu of an Environmental Assessment Form pursuant to the State Environmental Quality Review Act (SEQRA) and its regulations; however, it will be considered only as an expanded environmental assessment form.
(K)
Such additional copies and/or documentation as the Department of Planning and Environment deems necessary and/or advisable.
§ 198-129 Applications to rescind, modify or clarify covenants and restrictions.
(A)
Rescission or Modification. Applications to rescind or modify covenants and restrictions established by the Town Board as a condition of a prior zone change approval or otherwise shall be filed in the Office of the Town Clerk with the requisite application fee, and unless otherwise directed by the Director of Planning and Environment, shall contain the same information required of an applicant for a change of zone. Such application shall also include a reason for the relief requested, a copy of the proposed amendments, and such other information as may be requested by the Director of Planning and Environment. All of the procedures and requirements established for a change of zone, including the notice requirements except as to the posting of a sign, shall be applicable to applications for a rescission or modification.
[Amended 7-13-2021 by L.L. No. 35-2021]
(B)
Clarification. Applications for a clarification or interpretation of covenants and restrictions established by the Town Board as a condition of a prior zone change approval or otherwise shall be filed in the Office of the Town Clerk with the requisite application fee. The petition may be in the form of a letter to the Town Board explaining the reason for the relief, outlining the issues, and offering a proposed interpretation. The application may also include any supporting documentation deemed material or necessary by the applicant. An original and eight copies of the application shall be filed with the Town Clerk. The Town Clerk shall forward two copies of the application to the Department of Planning and Environment for analysis. Within 60 days of receipt of the application, the Department of Planning and Environment shall submit its analysis and recommendations to the Town Board and Town Attorney for the Board's consideration. The Town Board shall consider all of the submissions and shall make its determination by resolution. No public hearing shall be required.
§ 198-130 Application fees.
(A)
A non-refundable application fee of $1,000 as a base fee for the first acre, and an additional amount of $200 per each additional acre, or any part thereof, plus $200 for each proposed residential unit shall accompany each application for a change of zone; and
[Amended 12-12-2023 by L.L. No. 31-2023]
(B)
An applicant who files an amended application for a more intensive zoning classification or use not sought in the original application shall pay a non-refundable fee equal to 25% of the total original fee to the Department of Planning and Environment; and
(C)
An applicant who files an amended application increasing the yield (the number of dwellings, industrial/commercial square footage, or acreage) shall pay a non-refundable fee of 25% of the total original fee to the Department of Planning and Environment.
(D)
An applicant seeking to rescind or modify any part of a covenant or restriction established by the Town Board as part of a prior approval shall pay the same non-refundable application fee as for a change of zone.
(E)
An applicant seeking an interpretation of a covenant or restriction established by the Town Board as part of a prior approval shall pay an application fee of $500.
§ 198-131 Public hearing; notice requirements; decision of the Board.
[Amended 5-10-2016 by L.L. No. 19-2016; 11-19-2019 by L.L. No. 60-2019; 1-12-2021 by L.L. No. 7-2021; 7-13-2021 by L.L. No. 35-2021; 5-13-2025 by L.L. No. 9-2025]
(A)
Public Hearing. The Town Board shall fix the time and date of any public hearing for a change of zone or for a rescission or modification of the covenants and restrictions established by the Board. The Huntington Town Clerk shall publish notice of the public hearing in the official newspaper(s) of the Town and post such notice on the official signboard maintained by the Town Clerk at least 10 days prior to the scheduled hearing date. Notice of the public hearing shall state the location of the building or premises, the name of the property owner, and the general nature of the application.
(B)
Notice of Hearing.
(1)
In addition to the notice requirements set forth above, the applicant shall mail notice of the public hearing to the owners of all properties lying within 500 feet of the exterior boundary lines of the property owner's total contiguous property holding, as shown on the current assessment roll of the Town. except where the property considered for a zone change is in the R-80 or R-40 zoning districts and in such event the applicant shall mail notice of the public hearing to the owners of all properties lying within 1,000 feet of the exterior boundary lines of the property owner's total contiguous property holding. as shown on the current assessment roll of the Town. Notice of public hearing shall include the date, time and place of the public hearing and a description of the proposed action, and shall be sent by regular mail to the addresses shown on the most recent assessment tax roll of the Town, and shall be post marked no less than 30 days before the hearing date. The notice of public hearing shall be mailed in an envelope with language that states "Required Notification Regarding Proposed Zone Change" on the front of the envelope. A copy of the notice of hearing and certificate of mailing for each recipient, which legibly indicates the name and address of the person to which the notice was mailed and is duly certified by the post office, shall be filed in the Office of the Town Clerk by the applicant no less than 14 days before the hearing date. An affidavit of mailing by the person who actually mailed the notice attesting that the Notice was mailed shall also be filed within such period. No public hearing shall be held until the requirements of this section are fulfilled.
(2)
In the event the Town Board, on its own motion or on recommendation of the Planning Board, initiates a change of zone, the Town Board shall, by and through the Department of Planning and Environment, give notice of the public hearing to the owners of the subject property and to the owners of all properties lying within 500 feet of the exterior boundary lines of the property being considered for a change of zone, except where the property considered for a zone change is in the R-15, R-10, R-7 or [and] R-5 zoning districts and in such event notification shall be given to the owners of the property under consideration for a zone change and the owners of properties lying within 200 feet of the exterior boundary lines of the subject property owner's total contiguous property holding. and except where the property considered for a zone change is in the R-80 or R-40 zoning districts and in such event notification shall be given to the owners of the property under consideration for a zone change and the owners of properties lying within 1,000 feet of the exterior boundary lines of the subject property owner's total contiguous property holding, by regular mail to the addresses shown on the most recent assessment roll of the Town no less than 30 days before the hearing date. The notice of public hearing shall be mailed in an envelope with language that states "Required Notification Regarding Proposed Zone Change" on the front of the envelope. A copy of the notice and affidavit of mailing shall be filed in the Office of the Town Clerk by the Department of Planning and Environment no less than 14 days before the hearing date.
(C)
Posting of signs. In addition to notifying adjoining property owners by mail, the applicant shall erect a sign on each frontage of the property announcing the date, time and place of the public hearing. In cases where the Town Board, on its own motion or upon the recommendation of the Planning Board, initiates a change of zone which would affect only one contiguous parcel of land the Town Board, by and through the Department of Planning and Environment, shall erect or arrange for the erection of such a sign. Said sign shall be placed at the center of the frontage of the property and shall not be more than 10 feet from the street line. It shall not be less than two feet nor more than six feet above grade. The sign shall be erected on the property not more than 10 days nor less than five days prior to the public hearing, and an affidavit of posting and photographs shall be submitted to the Town Clerk not less than four days prior to the date of the public hearing. No public hearing shall be held until the requirements of this section are fulfilled. The applicant shall be responsible for the removal of the sign within three days after the public hearing.
(D)
Rescheduling public hearing. If a public hearing is rescheduled for any reason, the new public hearing date shall provide enough time to be advertised and a new mailing to neighbors shall be sent announcing said hearing. Re-advertising and remailing notices shall indicate that this is a hearing that was rescheduled from a specific date. If the applicant causes a postponement, for any reason, then he/she shall be responsible for the cost of re-advertising and re-mailing the notices as described above.
(E)
Determination of the Board. Within 90 days of the conclusion of the public hearing, the Town Board may approve an application, in whole or in part, and with or without special conditions or revisions, or may deny the application. Unless extended by the Town Board and subject to the provisions of § 54-1, the application shall be deemed denied if the Board fails to act within such ninety-day period. The decision of the Board is final as to the Town of Huntington and the resolution, if one is generated, shall be filed in the Office of the Town Clerk.
(F)
Conditional approvals. In the event the Town Board approves a change of zone, or other relief pursuant to this article, upon special conditions or upon the fulfillment of specified requirements, such conditions or requirements shall be fully complied with by the applicant. Failure to comply with the conditions or requirements established by the Board as a condition of approval shall be a violation of § 198-122 of the Town Code.
(G)
Declaration of Covenants and Restrictions.
(1)
If the Board approves an application for a change of zone subject to certain conditions or the fulfillment of certain requirements, or approves an application to rescind or modify existing covenants, a declaration of covenants and restrictions containing the newly established or modified covenants and restrictions shall be filed by the applicant at his or her own cost and expense in the Office of the Suffolk County Clerk within two (2) years of the adoption of the Town Board resolution. The Town Clerk shall not file the local law with the Secretary of State until such declaration of covenants and restrictions has been properly filed by the applicant. If the applicant wholly fails to file the declaration, or fails to file the declaration within the requisite period of time, then the resolution of the Board granting an approval shall have no force and effect and the property shall retain its original zoning classification; or, in the case of an application to rescind or modify existing covenants or restrictions, no rescission or modification will have taken place. The Town Board may, upon good cause shown by the applicant, extend an applicant's time to file the covenants and restrictions as long as an application for such extension of time is filed with the Town Clerk before the expiration of the original period, the extension does not exceed one (1) year, the expiration of such period has not been caused by the negligent act or misfeasance of the applicant, and there is no harm or prejudice to the Town or public, as determined by the Town Board. The burden of proof shall be on the applicant.
(2)
Prior to filing, the proposed declaration shall be prepared by the applicant and submitted to the Town Attorney for approval as to form and content before the document is recorded with the Suffolk County Clerk. Once the document has been approved and filed, the applicant shall provide the Town Attorney and the Department of Planning and Environment with a copy of the recorded instrument before the local law changing the zone or rescinding or modifying covenants will be filed with the Secretary of State or other agency having jurisdiction. Thereafter, on all subsequent land use applications, the applicant shall provide a copy of the recorded instrument to the Board processing the application.