Huntington City Zoning Code
ARTICLE III
Residence Districts
§ 198-13 R-80 Residence District.
A.
Use regulations. In the R-80 Residence District, a building or premises shall be used only for the following:
(1)
Single-family dwellings.
(2)
Farm, nursery, truck garden, country estate.
(3)
Churches, temples, parish houses, convents, monisteries.
(4)
Public schools.
(5)
Private elementary and secondary schools providing full-time day instruction and having a course of study approved by the New York State Department of Education, colleges and universities, provided that the plot shall comprise at least eight (8) acres and that the building and site development plans have been first submitted to and approved by the Planning Board as providing adequate parking, traffic control, setbacks and recreation areas for the proposed use. The Planning Board may make any reasonable modifications in such plans to promote safety, health and general welfare of the community, preserve the general character of the neighborhood and conserve property values, and no building permit shall be issued until such plans have been approved.
(6)
Library, museum or art gallery conducted to serve primarily the residents of the Town and operated by a municipal agency or by a nonprofit agency organized or chartered locally for the purpose.
(7)
Town park, playground, athletic field, beach, bathhouse, boathouse, marina or other Town recreational use.
(8)
Municipal parking field.
(9)
Fire station.
(10)
Municipal water supply reservoir, tank, standpipe, pumping station or filter bed, provided any tank or standpipe shall be set back from all lot lines a distance equal to the height of the structure.
B.
Accessory buildings and uses as follows:
(1)
A temporary sales office or building accessory to a permitted real estate development or construction operation, provided such building shall be removed upon completion of the operation or at the end of a period of two (2) years from the date of issuance of the permit.
(2)
Home occupations.
(3)
Retail sale of agricultural products grown on the premises or of animals raised thereon, provided that any stand for the display of products shall be subject to the issuance of a special use permit by the Zoning Board of Appeals and shall not be placed closer than thirty (30) feet to any street or road.
(4)
The keeping or raising of dogs, cats, small animals and birds commonly considered to be household pets, including pigeons, chickens and ducks but excluding cattle, roosters, mink, other domestically maintained fowl and exotic animals as provided in § 78-25. Such activity shall be clearly accessory and incidental to the principal residential use, and the breeding, keeping or raising of such animals or pets as a business activity shall not be permitted. No structure, fenced run or other enclosure for the shelter of such animals or pets shall be located within a required front yard nor within twenty-five (25) feet of any side or rear lot line.
[Amended 2-10-2009 by L.L. No. 2-2009; 2-9-2010 by L.L. No. 2-2010]
(5)
The keeping or raising of saddle horses or other equine livestock, provided that such activity shall be accessory to the principal residential use of the property, the activity shall be conducted for the use of the resident and no boarding or rental of livestock shall be permitted. In addition, the following limitations shall apply:
(a)
Not more than three (3) such animals per acre shall be kept except where the Board of Appeals shall find, after hearing, that the lot area and stabling facilities are adequate to assure that no adverse effect will be exerted upon adjoining property as a result of noise, smell, vermin or safety hazard.
(b)
No barn, stable or roofed structure for the shelter of horses shall be located within thirty (30) feet of any side or rear property line nor within any front or side yard which lies between the principal residential structure and the street, except that such setback need not exceed seventy-five (75) feet.
(c)
No fenced run or other unroofed enclosure for the sheltering or restraint of horses shall be located within ten (10) feet of any side or rear property line nor within any front yard which lies between the principal residential structure and the street. In the case of a corner lot where the side yard abuts a street, a fenced run or other unroofed enclosure may be located in accordance with the side yard requirements of the district, but the setback shall not be less than fifteen (15) feet in any case.
(6)
Any and all accessory buildings or enclosures, fences or runs for the restraint of saddle horses or equine livestock legally in existence at the enactment of this chapter may be continued and maintained for such use.
(7)
Any use or building clearly accessory to a permitted use, including but not limited to: private garages; barns; swimming pools; accessory off-street parking; loading areas; and duly licensed nursery schools and/or day-care centers appurtenant to a religious institution.
[Amended 1-25-1994 by Ord. No. 93-ZC-317; 1-25-2000 by L.L. No. 1-2000]
(9)
An accessory apartment dwelling permitted subject to conditions imposed by the Town pursuant to this article.
[1]
Editor's Note: Section 5 of this local law provided that "The Town Board shall appoint, prior to January 30, 1994, a Citizens' Advisory Committee, which Committee shall be charged with the duty of evaluating and making recommendations and findings of fact as to the implementation of this local law and which Committee shall further be charged to report to the Town Board no later than May 1, 1994."
(10)
Bed-and-breakfast homestay.
[Added 6-10-1997 by L.L. No. 13-1997]
(a)
Requirements.
[1]
A bed-and-breakfast homestay may be permitted by the Town Board only after a public hearing. The Town Board may impose conditions, as appropriate, on the use, if it is permitted.
[2]
The applicant for a bed-and-breakfast homestay must demonstrate to the Town Board that permitting such a use will not adversely effect the character of the neighborhood in which the use is proposed.
[3]
Traffic attributed to the bed-and-breakfast homestay must not result in significant adverse impacts to existing traffic patterns nor create a hazard to pedestrians in the neighborhood.
[4]
Sufficient on-site parking must be provided. Said parking shall be in a driveway or behind the main residence on the property that is under review for the permit. Vegetative buffers and/or fencing shall be provided where possible, such that it will be in keeping with the character of the rest of the neighborhood and cars parked in the rear of the subject property shall be substantially out of view of the neighbors. Accommodations for one (1) car per bed-and-breakfast homestay room and two (2) cars for the residing family shall be the minimum off-street parking provided. Existing driveway(s) may be used at their existing width and location in order to not change the character of the residence. Parking can take place on a hard paved surface or on a gravel surface. Grading of such areas will be required, however, provided that runoff can be contained on the subject property, in-ground drainage structures may be limited to dry wells.
[5]
All outward appearances of the residence in which the bed-and-breakfast homestay will be located must remain as it was before the permit was issued. A new entrance (doorway) shall not be installed by the applicant to accommodate the bed-and-breakfast. Landscaping around the house may be changed to accommodate the new use.
[6]
A bed-and-breakfast may not be any closer than five hundred (500) feet, in any direction, from another site that has a permit for the same use.
[7]
There shall be no cooking facilities in the rooms, nor shall there be any rooms for overnight guests, other than in the main building on the lot. There shall be no structural alterations that prevent the building from being used as a residence. The only meal served shall be breakfast and it shall be served only to guests. No guest shall stay at a particular bed-and-breakfast homestay for more than twenty-nine (29) consecutive days, nor more than one-hundred and twenty (120) days in any one-year period. The operator shall keep a guest register for three (3) years, which shall include the names, addresses and dates of occupancy of all guests and which may be produced for review upon request of the Director of Public Safety on one (1) day's notice. The bed-and-breakfast use must be clearly accessory to the principal residential use of the building.
[Amended 8-15-2017 by L.L. No. 35-2017]
[a]
The residence shall be the primary residence of the owner, who is also the operator.
[c]
Required parking for guests, that may be located in the rear of the property, shall be buffered with landscaping to substantially conceal the cars from the neighbors.
[d]
The residence shall have no commercial-type lighting outside the building, and signage announcing the use shall be limited to a single plaque or hanging sign with maximum dimensions of one (1) foot by three (3) feet.
(b)
Procedure.
[1]
An application and nonreturnable fee of two hundred fifty ($250) dollars shall be submitted to the Town Clerk, who shall accept the same on behalf of the Town Board and send the application to the Planning and Environment Department for review. An environmental assessment form, Part I, a deed and a disclosure form shall be submitted with each application. Five (5) copies of a sketch or site plan indicating changes to parking, grading, drainage and/or landscaping shall also be submitted. The Planning and Environment Department shall review said application and make a recommendation to the Town Board within ninety (90) days as to compliance with the State Environmental Quality Review Act (SEQRA)[3] regulations and the merits of holding a public hearing. This time frame is directory in nature, and should the staff of the Planning and Environment Department require more information and/or more time to evaluate the application, the Town Board and applicant must receive timely notification, and an approximate date of completion must be provided along with that notification. Should a draft environmental impact statement be required, then the requirements in SEQRA concerning the time frames for further review shall prevail. The Town Board may decline to hold a public hearing without any further input on the matter. Inasmuch as the application for the bed-and-breakfast homestay must be in an historic house or district, pursuant to Town Code §§ 198-40 and 198-41, the Planning and Environment Department shall forward the application to the Historic Commission for a recommendation. The Historic Commission shall coordinate its review with the Engineering Services Department and the Planning and Environment Department and send its recommendation to the Town Board within the time frame allotted above [ninety (90) days]. The Town Board shall not schedule a public hearing until all of the departments have made their recommendations concerning the application. The public hearing, if one is held, shall be advertised in a newspaper of general circulation at least fifteen (15) days before the hearing. In no less than ten (10) days prior to said hearing, notice must be sent by the applicant to every homeowner within a radius of five hundred (500) feet of the subject property announcing the hearing. The applicant must submit an affidavit of mailing, listing all of the names and addresses of the landowners that were notified, to the Town Clerk at least four (4) days before the hearing. If the Town Board issues a permit, the applicant shall make application to the Engineering Services for alterations, should any be necessary, to the interior of the house in order to accommodate the new use. If no alterations are necessary then only an application for a certificate of permitted use (C of O) shall be applied for. All Town and state building and fire codes will be complied with in this process.
[Amended 8-26-1997 by L.L. No. 17-1997; 7-13-2021 by L.L. No. 35-2021]
[2]
Upon recommendation of the Town of Huntington Public Safety Department, the Engineering Services Department and/or the Town Attorney's office, the Town Board may schedule a public hearing to review any permit issued under this section of the Code. Upon a finding by the Town Board that the proprietor of a bed-and-breakfast homestay is not in compliance with any condition of the permit or of any section of the Code of the Town of Huntington, the permit issued under this section may be revoked by the issuing board. If a permit is revoked, then the owner or his/her successors in occupancy or ownership may not reapply for the same use by way of the above process for five (5) years from the date of the revocation.
F.
[4]
Editor’s Note: Former Subsection G, reserved, Subsection H, reserved, and Subsection I, Affordable housing requirement, were repealed 5-9-2017 by L.L. No. 19-2017. This local law also redesignated former Subsection J as Subsection G.
G.
Special Agricultural-Retail Overlay District.
[Added 12-12-2000 by L.L. No. 38-2000]
(1)
Purpose and intent. It is the intent of the Town Board to decide what uses in the Agricultural-Retail Overlay District should be permitted pursuant to the provisions of this subsection of the Code of the Town of Huntington, provided that the retail uses are restricted to food, flowers and nursery products and may include an animal farm and children's parties.
(2)
Definition. Notwithstanding any other section[s] of the Town Code, "nursery products" shall be defined as plants grown in pots or in the ground, propagated on-site or off-site, seeds, peat moss ancillary products such as potting soil, plastic or clay pots, watering cans, hoses, rakes, shovels, pitchforks, trowels, sprinklers, trellises, etc.; but specifically excluding garden and railroad ties, gravel, stone, sand, lawnmowers, tractors, other motorized garden equipment, repair of motorized garden equipment, concrete lawn ornaments including bird baths and statuary of any kind, bird feeders and bird food, etc.
(3)
Uses of property and buildings used for agricultural, farm and nursery use. In addition to those uses permitted as-of-right pursuant to this section and the uses enumerated as conditional uses pursuant to § 198-68, and notwithstanding any other section[s] of the Town Code, the Town Board may, after a public hearing, permit additional uses for agricultural, farm or nursery property in accordance with the provisions of this subsection.
(4)
Procedure for consideration.
(a)
Application. The property owner shall apply to the Town Board by submitting an application to the Town Clerk together with a copy of the deed, lease or other documentation demonstrating the right to use the property. In addition, the application shall be accompanied by site and building elevation plans indicating any proposed buildings and structures. The application shall be submitted together with the disclosure form supplied by the Town Clerk and an environmental assessment form (EAF) Part I as required pursuant to the SEQRA regulations. A traffic study shall be submitted to the Town Clerk.
(b)
Fees. The nonrefundable application fee of one thousand ($1,000) dollars base fee and the further sum of one hundred ($100) dollars per acre for the whole site or any part thereof shall be paid to the Town Clerk to accompany the application.
(c)
Review. The Town Clerk, upon receipt of the application, shall forthwith forward a copy of the submission and accompanying documentation to the Planning and Environment Department. The Planning and Environment Department staff shall review the application and submit a memorandum as to compliance with this subsection of the Code, together with a draft review pursuant to the State Environmental Quality Review Act (SEQRA), for consideration by the Town Board. The memorandum shall be submitted to the Town Board within sixty (60) days of the determination by the Planning and Environment Department Staff that the application is complete. The criteria for making such determination shall be whether there is sufficient information supplied by the applicant to determine whether all of the requirements of this subsection are met and to prepare the environmental assessment form (EAF) Parts II and III. The applicant shall provide all information requested by the staff, in a timely manner, in order that the process not be delayed. The above sixty-day time limit shall automatically extended upon notice, in writing, by the Planning and Environment Department staff to the applicant that there is some item either missing or not in compliance with this section of the Code. Upon resubmission by the applicant, the sixty-day limit to send the Planning and Environment Department memorandum and SEQRA analysis to the Town Board shall commence once again. The Town Board shall not schedule a public hearing prior to the receipt of the memorandum and SEQRA analysis from the Planning and Environment Department. The applicant's failure to respond to a staff request for corrected or missing information within sixty (60) days of such request shall deem the application null and void. Any further consideration of the subject matter covered by the null and void application shall require submission of a new application and payment of new fees.
[Amended 7-13-2021 by L.L. No. 35-2021]
(5)
Minimum application requirements.
(a)
The building or buildings in which the use is sought shall have been property that at the time of the application had been used for agricultural purposes, for a period of ten (10) years prior to the submission of the application, as set forth in § 198-13A(2).
(b)
The lot on which the building is located shall contain a minimum of fifteen (15) acres if on a Town road, or ten (10) acres if on a county road, or five (5) acres if on a state road.
[Amended 5-4-2004 by L.L. No. 11-2004]
(c)
The traffic study submitted to the Town Clerk by the applicant shall be sent to the Department of Engineering Services, Traffic Safety Division, whereupon analysis will determine whether the use will or will not create undue traffic congestion or traffic hazard. Said study will be sent, by the Town Clerk, directly to the Department of Engineering Services, Traffic Safety Division, which staff shall coordinate with the Staff of the Department of Planning and Environment in sending their analysis to the Town Board.
(d)
The applicant shall provide proof, through testimony and documentation by an appraiser, to the Town Board, that the use will not adversely affect the value of property or the character or pattern of development of the neighborhood.
(e)
The applicant shall provide proof, through testimony and documentation, to the Town Board, that the owner cannot bear the financial burden of the continued use of the property for the allowable agricultural uses associated therewith unless the buildings and property are permitted to be used in accordance with the provisions of this subsection.
(f)
The property shall have frontage on a state or county road or on a state- or county-owned major or minor collector or arterial street, and the vehicular traffic generated by the use shall not be directed primarily over minor residential streets.
(h)
Signage shall be in conformance with the provisions of § 198-91C(2) as it applies to the C-1 Office Residence District to include the business name and address, as well as all of the other provisions Article XIV of this chapter of the Code.
(i)
Building lot coverage, exclusive of greenhouses used for growing plant material and buildings or portions of buildings devoted to the shelter and care of animals, shall not exceed six (6%) percent of the area of the subject property. In no case shall the combined square footage in all structures used for a retail food sales market be any greater than ten thousand (10,000) square feet. The sale of alcohol is strictly prohibited.
[Amended 5-4-2004 by L.L. No. 11-2004]
(j)
No building shall be more than one (1) story except a nonrental, one-family residence, which shall be no more than one thousand five hundred (1,500) square feet.
(k)
Notwithstanding any other section of the Huntington Town Code, the front yard parking setback, when accessory uses are permitted by the Town Board in accordance with this subsection, may be a minimum of twenty (20) feet from the front property line and parking may be permitted in the front of the building provided that there is sufficient room for safe access to all such parking spots. All other setbacks in the Code for the zoning district in which the property is located must be adhered to.
(l)
Parking shall be permitted on paved, grass or a gravel surface. However, all surface runoff from such area must be contained on the subject site with the use of grading techniques, curbing and catch basins where necessary. This feature shall be reviewed and approved by the Department of Engineering Services, Division of Building and Housing, before a building permit is issued.
(m)
A snack bar may be provided for the benefit of visitors to the property, provided that the dining area is limited to no more than twenty-five hundred (2,500) square feet, and that alcoholic beverages are not sold or otherwise provided or consumed on-site. Food service shall be limited to individual portions and fruit, but shall not include pizza pies. The preparation of warm or hot prepared food items produced anywhere on-site shall be limited to on-site consumption in the snack bar or in any outside dining areas conditionally permitted pursuant to § 198-68A(24). Catering, with the exception of fruit or vegetable baskets, is specifically prohibited. Notwithstanding any other provision of this law, on-premises parties are a permitted use, provided no alcoholic beverages are served or provided.
[Added 5-4-2004 by L.L. No. 11-2004]
(n)
The retail shopping public shall not be permitted in the greenhouse area as specified in Subsection J(5)(i) above.
[Added 5-4-2004 by L.L. No. 11-2004]
(6)
Town Board action.
(a)
The Town Board shall consider the application and take action to approve or deny by the adoption of a local law by resolution.
(b)
The Town Board, on its own motion, may call witnesses including but not limited to architects, engineers, appraisers, experts in agricultural techniques and finance, architectural historians and any other experts on historic buildings and sites.
(c)
The resolution of approval or denial shall be entered in the minutes of the Town Board and shall be published and posted in the same manner as an amendment to the Zoning Code and in accordance with the procedure for adoption of a local law.
(7)
Conditions. If the Town Board approves the application, any or all of the following conditions may be imposed:
(a)
Limitation upon the hours of operation.
(b)
Conditions on the alteration and expansion of the structures.
(c)
The specific limitation on the uses that are allowed and permitted on the premises and restrictions if any as to the portions of the structures where such uses may be conducted.
(d)
A limitation on the number and types of animals that shall be permitted on the property.
(e)
Such other reasonable conditions that are consonant with the conservation of the character of the existing neighborhood, surrounding property values and agricultural and open space resources and that may be in harmony with the objectives of the Code and the Comprehensive Plan of the Town of Huntington.
(f)
The uses shall be consistent with a retail farm market and sale of flowers and plants as well as those consistent with the operation of an animal farm and exhibit areas. The uses shall include the growing and sale of vegetables, flowers and garden products and the hosting of children's birthday parties.
(8)
Restrictive covenant. The applicant shall be required to execute a restrictive covenant, to be filed in the office of the Suffolk County Clerk, to run with the land and which inures to the Town of Huntington and the citizens of the surrounding community, specifying that the land and structure shall be restricted to the uses and limited by the conditions set forth in the Town Board resolution of approval.
(9)
Certificate of occupancy (certificate of permitted use). All procedures leading up to the issuance of a certificate of occupancy (permitted use) shall be adhered to, and before issuance it shall be incumbent on the Department of Engineering Services, Division of Building and Housing, to ensure that all site plan and building code requirements are in conformance with Town, county and State of New York regulations.
(10)
Termination of approved use.
(a)
Upon approval by the Town Board of a specific use or uses, such use or uses will be removed or converted to a conforming use upon the termination or abandonment of the use approved by the Town Board pursuant to this subsection.
(b)
In addition to the rights of injunctive relief the Town Board shall have the right to terminate the approved use in the event that the imposed conditions are not complied with. In the event that the Town Board seeks to terminate the use pursuant to this provision it may do so after a public hearing. The owner and the user-occupant shall be given at least ten (10) days notice of such public hearing. The Town Board may take such action as it deems appropriate, including the revocation of the approved use.
§ 198-14 R-40 Residence District.
A.
Use regulations. In the R-40 Residence District, a building or premises shall be used only for the following purposes:
§ 198-15 R-20 Residence District.
A.
Use regulations. In the R-20 Residence District, a building or premises shall be used only for the following purposes:
§ 198-16 R-15 Residence District.
(A)
Use regulations. In the R-15 Residence District, a building or premises shall be used only for the following purposes:
(1)
Any use permitted in the R-80 Residence District.
(2)
Any accessory use or structure permitted in the R-80 Residence District, subject to the same limitations and restrictions enumerated in § 198-13B.
(3)
Telephone exchange, provided that no public business office and no repair or storage facilities are maintained. Telephone exchange buildings shall conform to the yard requirements for the district, but shall not be located closer to any side or rear yard than the height of the building.
§ 198-17 R-10 Residence District.
(A)
Use regulations. In the R-10 Residence District, a building shall be used only for the following purposes:
§ 198-18 R-7 Residence District.
(A)
Use regulations. In the R-7 Residence District, a building or premises shall be used only for the following purposes:
§ 198-19 R-5 Residence District.
(A)
Use regulations. In the R-5 Residence District, a building or premises shall be used only for the following purposes:
(1)
Any use permitted in the R-80 Residence District.
(2)
Any use permitted in the R-15 Residence District.
(3)
[1]Any accessory use or structure permitted in the R-80 Residence District, subject to the same limitations and restrictions enumerated in § 198-13(B).
[Amended 10-6-2015 by L.L. No. 42-2015]
[1]
Editor's Note: Former Subsection (A)(3), regarding two-family owner-occupied dwellings, as amended, was repealed 10-6-2015 by L.L. No. 42-2015. This local law also redesignated former Subsection (A)(4) as Subsection (A)(3).
§ 198-20 R-3M Garden Apartment Special District.
The regulations set forth in this article or set forth elsewhere in this chapter and applicable to this district are intended to provide for an intermediate to low density of multiple residence use. The regulations are adaptable to the construction of garden-type apartments in older residential sections of the community where such development is appropriate.
A.
Use regulations. In the R-3M Apartment District, a building or premises shall be used only for the following purposes:
[Amended 6-6-1989 by Ord. No. 89-ZC-214]
E.
Supplemental height, area and bulk regulations. See Article IX. In addition, the following shall apply:
[Amended 12-30-1969 by Ord. No. 69-ZC-2]
(1)
In connection with an urban renewal plan for all or part of an urban renewal area which has been designated as such under the provisions of Article 15 of the General Municipal Law, the Town Board may approve a plan providing for residential density of not more than forty (40) dwelling units per acre and may approve a building height for such residential structures of not more than five (5) stories or forty-five (45) feet.
F.
Site development plan. Building and site development plans for a proposed use shall be submitted to the Town Planning Board before an application for a building permit is made. The Planning Board shall review such plans and act thereon as specified and limited in Article XVII, and no building permit may be issued until the plan has been approved.
[Amended 7-10-1973 by Ord. No. 73-ZC-45]
§ 198-20.1 R-HS Residential Health Services District.
[Added 6-11-2008 by L.L. No. 17-2008]
A.
Use regulations. In the R-HS Residential Health Services District, the following uses shall be permitted:
C.
Height, area and bulk regulations. See Article IX. In addition, the following shall apply:
(1)
At least thirty (30%) percent of the total site area shall be devoted to open space which shall be kept in its natural state or landscaped and well maintained with grass, appropriate recreational amenities, walking paths, trees, shrubbery and other suitable plant materials approved during site plan review.
(2)
More than one main building is permitted on a lot, notwithstanding any other provisions in the Code to the contrary, as long as the uses are in compliance with District requirements.
D.
Supplementary use regulations and conditionally permitted uses. The following restrictions shall apply to all development in the District:
(1)
A lot shall have frontage on a collector or arterial street, and circulation driveways shall be designed so that vehicular access is not provided from minor residential streets.
(2)
A buffer strip not less than twenty (20) feet in width, consisting of massed trees and shrubbery or existing mature vegetation supplemented by new landscaping, shall be maintained along side and rear property lines. The trees and shrubbery shall consist of evergreens and deciduous plant material to create a tall, dense buffer creating habitat for wildlife and visual relief for the neighbors. The Planning Board may require fencing along property lines to provide screening for neighbors or site occupants, or to delineate property boundaries.
(3)
No parking shall be provided within fifty (50) feet of the principal frontage. Parking and loading areas shall be placed as far from adjacent residences as possible, and shall be surrounded by landscaping.
(4)
All access to living quarters must be through a common hallway, and no dwelling unit or bedroom shall have direct access to the outside of a building, except for senior housing units permitted as part of a life care community.
F.
Site development plan. Building and site development plans for a proposed use shall be submitted to the Planning Board before an application for a building permit is filed. The Planning Board shall review such plans and act thereon as specified and limited in Article XVII, and no building permit may be issued until the plans have been approved.
G.
Existing uses. Nursing homes, assisted living facilities, and congregate care facilities lawfully existing as of June 11, 2008, pursuant to a valid special use permit granted by the Zoning Board of Appeals under any prior code provision are subject to the continuing jurisdiction of the Zoning Board of Appeals as provided for in § 198-109I regarding applications to expand, alter or modify such uses and facilities therefor, including accessory uses. The Zoning Board of Appeals shall apply the use and area variance standards contained in § 198-20.1 as well as the general standards set forth in § 198-66 when deciding such applications.
[Added 10-16-2012 by L.L. No. 16-2012]
§ 198-21 R-RM Retirement Community District.
[Amended 7-10-1973 by Ord. No. 73-ZC-45; 2-28-1978 by Ord. No. 78-ZC-74; 12-6-1983 by Ord. No. 83-ZC-125; 3-3-1998 by L.L. No. 8-1998]
A.
Use regulations. In the R-RM Residence District, a building or premises shall be used only for the following purposes:
[Amended 6-11-2008 by L.L. No. 17-2008]
D.
Supplementary use regulations and conditionally permitted uses. See Article XI. In addition, the following shall apply:
[Amended 11-9-2005 by L.L. No. 40-2005; 6-11-2008 by L.L. No. 17-2008]
(1)
A lot shall have frontage on a major collector street, and circulation facilities shall be so designed that vehicular traffic generated by the use is not directed primarily over minor residential streets.
(2)
A buffer strip not less than twenty-five (25) feet in width, consisting of massed trees and shrubbery, shall be maintained along property lines adjacent to residentially zoned property. The trees and shrubbery shall consist of evergreens and deciduous plant material to create a tall, dense buffer creating habitat for wildlife and visual relief for the neighbors. A landscape plan shall be required for all projects approved under this section.
(3)
Not more than twenty-five (25%) percent of the site may be covered by buildings and at least twenty-five (25%) percent of the total site area shall be devoted to unpaved nonvehicular open space which shall be landscaped and well maintained with grass, benches, appropriate recreational amenities, walking paths, trees, shrubbery and other suitable plant materials approved during site plan review and consistent with the Town's regulations for landscaping (Town of Huntington Subdivision Regulations and Site Improvement Specifications).[1]
(4)
Any property line that is contiguous with the property line of any residentially zoned property shall have a one-hundred-foot building setback; and accessory structure and parking setbacks shall not be any closer than fifty (50) feet to any adjacent residentially zoned property.
(5)
Parking shall not be allowed within fifty (50) feet of the front property line.
(6)
When adjacent to any residence district, no signs shall be permitted other than one (1) indirectly illuminated identification sign on each major street frontage. Such freestanding or monument sign or signs shall not be more than twenty (20) square feet in area, not more than six (6) feet above grade level in height and set back at least ten (10) feet from any property line. When located in an area that is wholly surrounded by business zoning district(s), all applicable regulations (Town Zoning Code, Article XIV, § 198-91 through § 198-101) shall apply for size and location of signs. When located in or adjacent to residentially zoned property, facial signs shall be limited to building entrance and direction signs only; freestanding signs may be permitted on the subject grounds, but they shall be limited in height, illumination and to providing direction/instructions for visitors by the Planning Board during site plan review and approval.
(7)
During site plan review the Planning Board may modify setbacks and landscape buffer widths at a contiguous lot line when two (2) facilities are approved, pursuant to this section, adjacent to one another, if such setback modification will encourage better site design, including minimizing impacts on the surrounding community and more efficient traffic circulation.
F.
Site development plan. Building and site development plans for a proposed use shall be submitted to the Planning Board before an application for a building permit is made. The Planning Board shall review such plans and act thereon as specified and limited in Article XVII, and no building permit may be issued until the plans have been approved.
§ 198-21.1 R-MS Medical Services District.
[Added 8-29-1978 by Ord. No. 78-ZC-80]
A.
Use regulations. In the R-MS Medical Services District the premises and any structures thereon shall be used only for the following purposes:
(1)
Detached single-family dwellings and the uses and activities normally accessory thereto, as specified and limited in the R-80 Residence District.
(2)
Nonprofit general hospitals, excluding institutions operated principally for the care of mental patients or persons addicted to drugs or alcohol. Accessory uses, buildings and structures maintained as accessories to a permitted hospital use shall be limited to detached single-family dwellings used as living quarters for personnel employed on the premises or teaching facilities operated in connection with the principal use or parking lots or structures.
C.
The minimum off-street parking requirement for hospitals in the R-MS Medical Services District shall be one (1) space for each two (2) patient beds, plus one (1) space for each two hundred (200) square feet of floor area devoted to emergency, out-patient and diagnostic services, plus one (1) space for each full-time professional staff member and one (1) space for each two (2) employees on the maximum work shift. In addition, all provisions and requirements of Article VII of this chapter not inconsistent herewith shall apply.
[Amended 10-17-1978 by Ord. No. 78-ZC-85]
D.
Off-street loading requirements shall be as specified and limited in Article VIII.
[Added 10-17-1978 by Ord. No. 78-ZC-85]
E.
Height, area and bulk regulations; landscaping; exterior illumination.
(1)
In the case of a nonprofit general hospital, the lot shall contain not less than ten (10) acres, and in the case of a detached single-family dwelling, the lot for such dwelling shall contain not less than the area required in the residence district which applied to the property immediately prior to any reclassification to the R-MS District.
(2)
Not more than twenty (20%) percent of the lot shall be covered by buildings.
(3)
A main building shall not exceed six (6) stories in height. Accessory buildings shall not exceed three (3) stories or thirty-five (35) feet in height. Parking structures shall not exceed two (2) levels or fifteen (15) feet in height.
(4)
Except in the case of a detached single-family dwelling, the lot shall have frontage on a major street as specified on the Comprehensive Town Plan, and circulation facilities shall be so designed that vehicular traffic generated by the use is not directed primarily over minor residential streets.
(5)
Any new building or building addition shall not be located within one hundred (100) feet of a front or side property line, nor within seventy-five (75) feet of a rear property line. In the case of a dwelling, the front, side and rear yard requirements shall be as specified in the regulations of the residence district which applied to any reclassification of the R-MS District. A parking structure may be located within a required yard area, but shall not be located within twenty-five (25) feet of a lot line in any case.
(6)
Require landscaping and screening shall be provided and maintained along side and rear property lines, and any required planting screen shall not be less than ten (10) feet in horizontal depth.
(7)
Exterior illumination other than for identification signs shall be limited to the illumination of the building exterior, parking areas and accessways for security and safety, and the intensity of such illumination shall be the minimum necessary for such purposes. Lighting devices shall be so shielded and directed that illumination shall not extend beyond the limits of the lot.
F.
Supplementary height, area and bulk regulations. Supplementary height, area and bulk regulations shall be as specified and limited in Article IX.
G.
Site development plan. Building and site development plans for a proposed use, or for addition, expansion or revision of an existing use, shall be submitted to the Town Planning Board before an application for a building permit is made. The Planning Board shall review such plans and act thereon as specified and limited in Article XVII and no building permit may be issued until the plan has been approved.
[Added 10-17-1978 by Ord. No. 78-ZC-85]
§ 198-21.2 R-PUD The Greens at Half Hollow Planned Unit Development District.
[Added 9-12-2000 by L.L. No. 26-2000]
A.
Purpose and intent. The purpose and intent of the Greens at Half Hollow Planned Unit Development District (R-PUD), to be located on approximately three hundred eighty-two (382) acres formerly owned by the State of New York in the Town of Huntington, is primarily to address the housing and recreational needs of senior citizens, and to facilitate the design and development of a planned community consisting of a variety of housing types, accessory uses and open space. These R-PUD regulations are intended to establish development parameters within which individual site plans and/or subdivisions will be developed in a manner consistent with the planning objectives described in the Greens at Half Hollow Master Plan, and the Greens at Half Hollow Master Plan Map (collectively the "Greens at Half Hollow Master Plan"), both adopted by the Town Board simultaneously with this section.
B.
Definitions.
(1)
Unless provided to the contrary in this article, the definition of words used in this article shall be the same as provided in § 198-2 of this chapter (Zoning).
(2)
Unless provided otherwise in this zoning classification, all aspects of street and drainage development shall be in conformance with the Planning Board's Subdivision Regulations and Site Improvement Specifications.
C.
Maximum yield, building coverage and open space requirements in the R-PUD.
(1)
Building coverage in the R-PUD shall not exceed twenty-five (25%) percent of the total area included within the district. Structures which shall be included in building coverage are dwellings, community buildings, clubhouses and other accessory structures, but shall not include structures permitted in community open space described in Subsection C(3) below.
(2)
The total number of dwelling units shall not exceed one thousand three hundred seventy-five (1,375).
(4)
The Community open space shall be designated in the Greens at Half Hollow Master Plan. Open space shall not include (i) parking areas, (ii) streets, (iii) community buildings and clubhouses, (iv) back yards and front yards of detached single-family residences described in Subsection E of this chapter, (v) golf courses, (vi) accessory structures such as sheds, swimming pools and tennis courts, and (vii) property used for sewage treatment facilities. Notwithstanding the foregoing, Community Open Space may include gazebos, walking paths, bollards, kiosks and similar aesthetic enhancements to the enjoyment and use of the community open space.
(5)
A homeowners' association created pursuant to the laws of the State of New York shall own and maintain all common areas within the R-PUD, including roads, drainage structures and community open space, pursuant to such reasonable conditions as the Town Board may require. Common area will be given a zero (0) assessment by the Town Assessor, and the usual assessment for said area will be distributed among the dwellings. Further, the common areas shall not be used as collateral for any loan/mortgage and this stipulation shall be articulated in the prospectus prepared for the project.
D.
Designation of subdistricts. In order to adopt dimensional standards applicable to the varied land uses within the R-PUD, the following subdistricts are hereby established and are spatial]y defined and located on the Greens at Half Hollow Master Plan:
SFD Detached Single-Family Dwelling SRC Senior Residential Community ALC Assisted-Living Community |
E.
Detached Single-Family Dwelling Community - SFD. The SFD Subdistrict shall be developed in accordance with the following:
(1)
Use regulations. In the SFD Subdistrict, a building or premises shall be used only for the following purposes:
(a)
Detached single-family dwellings, together with uses and activities normally accessory thereto as specified and limited in § 198-13B(1), (2), (4), (7) and (8), and § 198-59H(1), (2) and (3) of this chapter. Such single-family dwellings shall not be limited to persons fifty-five (55) years or older.
(b)
Community building for use by residents of the SFD, not to exceed five thousand (5,000) square feet.
(2)
Height area and building coverage in the SFD.
(a)
Building area, including accessory structures (including but not limited to swimming pools, tennis courts, garages, sheds, etc.), shall not exceed twenty-five (25%) percent of the total area in the SFD Subdistrict.
(b)
Height of buildings shall not exceed thirty-five (35) feet.
(c)
Swimming pools and tennis courts (together with pool houses, cabanas, patios and fencing accessory thereto), sheds and other residential accessory uses shall be permitted, provided that the twenty-five (25%) percent standard in Subsection E(2)(a) above is maintained. All such accessory uses must be built and maintained in compliance with Chapters 87 and 198 of this Code.
(3)
Maximum number of dwellings in the SFD. The maximum number of dwellings in the SFD Subdistrict shall not exceed seventy-five (75). Accessory apartments, guest cottages and gardeners' cottages are specifically not permitted.
(4)
Lot area and setbacks in the SFD. The following dimensional standards shall apply to the detached single-family dwellings within the SRC Subdistrict:
F.
Senior Residential Community - SRC. The SRC Subdistrict shall be developed as a planned residential community for persons over fifty-five (55) years of age in accordance with the following:
(1)
Use regulations. In the SRC Subdistrict, a building or premises shall be used for the following purposes only:
(a)
Dwellings specifically designed for use and occupancy by persons fifty-five (55) years of age and older, including attached and detached residences in the form of townhouses, duplexes, zero-lot-line residences and other multiple dwellings in a single building. Ownership of the dwellings may be in the form of condominiums or cooperatives or they may be rentals at the discretion of the homeowners' association.
(b)
Community building not to exceed twenty-five thousand (25,000) square feet, which may contain community indoor pools, lockers, showers, support services and passive recreational facilities for the use of residents and their guests, including but not limited to meeting rooms, library, computer rooms, other passive activity facilities, a beauty salon and a gift shop. The community building and its associated outdoor recreational facilities, including swimming pools and tennis courts, shall be for the exclusive use of residents of the entire R-PUD and their guests.
(c)
Golf courses, including driving ranges, maintenance buildings, clubhouse and other accessory facilities necessary to operate and maintain a golf course. The golf course shall be private. Membership shall be limited to residents of the entire R-PUD. Notwithstanding the foregoing, memberships may be made available to the residents of the surrounding community the Town of Huntington. However, if such community memberships are offered, the membership for the golf course shall not exceed five hundred (500) members.
(2)
Age eligibility in the SRC.
(a)
All dwellings in the SRC Subdistrict shall be occupied only by the following:
[1]
Persons who shall have attained the age of fifty-five (55) years or older (hereinafter a "senior citizen"):
[2]
The spouse of said senior citizen;
[3]
Children or grandchildren of said senior citizen or of the spouse of said senior citizen, provided that each child has attained the age of eighteen (18) years.
[4]
Adults under fifty-five (55) years of age if it is established to the satisfaction of the Town Board that the presence of such person is essential for the physical care of a senior citizen residing in the SRC Subdistrict.
(b)
Items in Subsection F(2)(a)[1] through [4] shall be recited in any prospectus offered in connection with the sale of units in the SRC Subdistrict.
(3)
Maximum number of dwelling units in the SRC. The maximum number of residential dwelling units within the SRC Subdistrict shall be one thousand one hundred fifty (1,150).
G.
Assisted-Living Community - ALC.
(1)
Use regulations. In the ALC Subdistrict, a building or premises shall be used only for the following purposes:
(a)
Assisted-living facility designed to provide living accommodations for aged or infirm persons, which facility may include dining, social, health-care or other supportive services located within the facility's structure.
(b)
Multifamily housing designed to provide rental accommodations for lower-income senior citizens. Lower-income rentals shall be defined by HUD standards for median senior citizen income and percentage thereof.
(2)
Height, area and bulk regulations in the ALC.
(a)
The maximum number of dwelling units in the ALC Subdistrict shall not exceed one hundred fifty (150) dwelling units located on not less than five (5) acres in one (1) or more buildings, except that multifamily rental housing shall not exceed one hundred (100) dwelling units and the acreage may be increased to ten (10) acres.
(b)
The building area of all principal and accessory buildings in the ALC Subdistrict shall not exceed twenty-five (25%) percent of the area within the subdistrict.
(c)
Height of buildings within the ALC Subdistrict shall not exceed thirty-five (35) feet.
(d)
Minimum building separation distance between the principal buildings in the ALC Subdistrict shall be twenty-five (25) feet.
H.
General road, path and parking specifications in the R-PUD.
(1)
The following specifications shall apply throughout the R-PUD:
Type | Pavement Width (measured curb to curb) | ||
|---|---|---|---|
Roads | |||
Collector roads | 34 feet within a 50-foot right-of-way. A bicycle/jogging path with a minimum width of 4 feet shall be provided within such 34-foot width, in both directions. | ||
Collector roads separated by a median | Each lane of traffic shall be no more than 12 feet wide, added to which shall be a four-foot bicycle/jogging lane in both directions, all within a 50-foot right-of-way. | ||
Access roads | Maximum road width shall be 28 feet with 24 feet preferred for two-way traffic. Said width shall be within the equivalent of a 40-foot right-of-way. Access roads providing one-way traffic shall be no more than 12 feet of pavement within the equivalent of a 30-foot right-of-way. | ||
Driveways | 20 feet | ||
Cul-de-sac | 34-foot paved radius within the equivalent of a 50-foot right-of way radius. | ||
Pedestrian paths | 8 feet | ||
Width of sidewalks (provided along streets only as necessary to supplement pedestrian paths) | Minimum 5 feet (if provided) | ||
Bicycle path | Minimum 8 feet (if combined with jogging/running path, 10 feet | ||
Parking lots | |||
Driveway 2-way traffic | Minimum 24 feet | ||
Driveway 1-way traffic | Minimum 12 feet | ||
Parking stall sizes | 9 x 20 feet, except that parking stalls head-in to a required island or buffer may be shortened by two feet if accompanied by a widening of such buffer or island by a corresponding amount. Ten percent of stalls may be 9 x 18 as provided § 198-48. Diagonal parking shall be allowed in accordance with the Planning and Environment Department formula for size of such spaces. | ||
(2)
Unless provided otherwise in this zoning classification, all aspects of street and drainage development shall be in conformance with the Planning Board's Subdivision Regulations and Site Improvement Specifications.
I.
Parking and Loading in the R-PUD.
(1)
Except as otherwise provided in this article, the amount of parking for principal buildings in the R-PUD shall comply with § 198-47 of this chapter. Parking spaces located in garages and driveways of dwelling units shall not be excluded in connection with calculating minimum parking requirements under § 198-47. Handicapped parking shall be provided for assisted-living units, with two (2%) percent of the provided spaces designed for the disabled. Handicapped parking serving the community center and golf course shall be provided at the rate of five (5%) percent of all spaces provided in the particular parking lot.
(2)
Parking requirements for the golf course shall be as follows: three (3) spaces for each hole.
(3)
Parking requirements for the community building in the SRC Subdistrict shall be as follows: one (1) space for each four hundred (400) square feet.
(4)
Parking requirements for the community building in the SFR Subdistrict shall be as follows: one (1) space for each four hundred (400) square feet.
J.
Stormwater management in the R-PUD. Stormwater drainage for the R-PUD shall be designed in conformance with the Planning Board's Subdivision Regulations and Site Improvement Specifications and shall otherwise be designed with sufficient capacity in accordance with sound engineering practices.
K.
General design standards in the R-PUD.
(1)
The R-PUD, including the roads and open spaces to be incorporated therein, shall be developed as closely as possible with the layout and design concepts contained in the Greens at Half Hollow Master Plan. Final design shall be determined by the Planning Board, considering drainage, road contours and geometry and topography, during site plan review and approval.
(2)
Landscaping shall conform as closely as possible with the layout and design concepts in the Greens at Half Hollow Master Plan and shall be suitably designed to provide appropriate screening and buffers as determined by the Planning Board during site plan review.
(4)
Facial signs and freestanding signs shall be permitted for the purpose of providing directions, instructions and building identification and for such other purposes permitted by the Planning Board during site plan review. The location, size and placement of such signs shall be approved by the Planning Board during site plan review.
(5)
Exterior illumination of building entrances, recreation areas, parking areas, common areas and accessways shall be limited to providing illumination for security and safety. The intensity of such illumination shall be the minimum necessary for such purposes. Lighting devices and location shall be approved during site plan review by the Planning Board and shall be so shielded or arranged that no direct glare is cast toward any residence.
(6)
Collector roads within the R-PUD shall have grassy or landscaped areas no less than eight (8) feet wide adjacent to the pavement.
(7)
Cul-de-sac turnarounds may be designed with landscaped islands and mountable curbs.
(8)
The development will be designed around an integrated open space system, including active and passive recreation areas that tie the site together.
(9)
Extensive landscaping will be provided throughout the development. A landscape plan, signed and sealed by a licensed/registered landscape architect, shall be submitted to the Planning Board for review and approval. A variety of plant materials may be utilized for access, interest and buffering.
(10)
The development will strategically locate community centers, water features and open spaces to provide a focus for the vehicular and pedestrian circulation systems.
(11)
The development should include a hierarchy of roads, including collector roads, local roads and site access drives, with their geometry designed to accommodate the anticipated level of traffic.
(12)
The road system will be designed to facilitate access throughout the development but to avoid through traffic.
(13)
Entryways into the development will be attractively designed with landscaped boulevards or park-like areas identifying all access points.
(14)
Traffic calming techniques will be utilized to reduce the speed of vehicular traffic, including the use of boulevards, curvilinear alignment, roundabouts, designated pedestrian crosswalks and other features.
(15)
The pedestrian circulation system will include pathways that are sufficiently wide to accommodate walkers, joggers and bicyclists. Pathways will be provided throughout the site and should be easily accessed from all housing units in the proposed development.
(16)
The pedestrian circulation system should be designed with a variety of amenities along its route, including benches, kiosks, gazebos, bollards and specially designed crosswalks that encourage resident use of the system. Jogging/running paths shall have similar amenities at regular intervals.
L.
Approval of site plans in the R-PUD.
(1)
Site plans for the development of the uses depicted on the Greens at Half Hollow Master Plan shall be submitted to the Planning Board for review and approval before an application for a building permit is made. The Planning Board shall review such plans and act thereon as specified and limited in Article XVII and the general design standards in Subsections H through K above as well as all other applicable sections of the Zoning Chapter of the Town Code and the Planning Board's Subdivision Regulations and Site Improvement Specifications. Building permit and site plan approvals may be requested in stages for various phases of the single integrated development depicted on the Greens at Half Hollow Master Plan.
(2)
All site plans and subdivision plans shall be in keeping with the concepts in the Greens at Half Hollow Master Plan approved by the Town Board. Except as provided in Subsection L(3) below, the review and approval of site plans and subdivisions consistent with the concept plans in the Greens at Half Hollow Master Plan shall not alter the maximum number of dwelling units provided in this article nor the uses and subdistrict boundaries shown on said plan and otherwise established in this article.
(3)
If the Planning Board determines that the proposed site plans or subdivisions are inconsistent with the approved Greens at Half Hollow Master Plan, a request which clearly identifies proposed changes to such Master Plan, and the basis for such changes, shall be submitted to the Town Board. Upon such request, the Town Board may, after reviewing the proposal and holding a public hearing, amend the Greens at Half Hollow Master Plan.
(4)
Notwithstanding Subsection L(3) above, minor modifications to an approved site plan which will not cause any material change to the overall layout, appearance or impact of a site, and not involving any additional structures, may be approved by the Planning Board without public hearing and without amendment of the Greens at Half Hollow Master Plan.
M.
Time limitations for judicial review. The time limitations provided in Town Law § 274-a, Subdivision 11, shall govern the review by any court of competent jurisdiction of the adoption of this section, any master plan adopted pursuant thereto, any site plan approved for property located in the R-PUD, and any amendments made pursuant to Subsection L above.
N.
Eligibility List. Current residents of Condo Building V may choose to relocate to a first or second story unit as follows:
[Added 10-6-2015 by L.L. No. 43-2015[1]]
(1)
Those residents currently occupying one of the 100 affordable units in Condo Building V at the Greens shall have a one-time right to add their names to a list of existing owners desiring to relocate from a first floor unit to a second floor unit, or from a second floor unit to a first floor unit only, as units become available for re-sale under the current program; and
(2)
Residents who elect to participate shall have their names added to the Eligibility List maintained by the LIHP in the order in which they were selected for the initial affordable housing lottery; and
(3)
Any current owner desiring to participate in the Eligibility List must meet all of the financial requirements for ownership of an affordable unit in order to remain on the Eligibility List in the event they seek to exercise their right to purchase a newly available re-sale unit; and
(4)
Current owners shall have a sixty (60) day period after the enactment of this Local Law to add their names to the Eligibility List. Future owners shall have a sixty (60) day period after they close to add their names to the Eligibility List; and
(5)
As existing units become available for re-sale, the next qualifying person on the Eligibility List shall have a one-time option to purchase the re-sale unit under the following terms and conditions:
(a)
The current qualifying owner must immediately offer their unit for sale under existing pricing guidelines to the next eligible person on the waiting list; and
(b)
The current qualifying owner on the Eligibility List must enter into a contract to purchase the available resale unit within sixty (60) days of unit availability under current pricing guidelines; and
(c)
Should the first current owner on the Eligibility List decline to exercise the right to purchase a resale unit, then the unit shall be offered to the next person on the Eligibility List, and so on; and
(6)
The closing of title on the sale of the units referenced in paragraph (5) hereof shall occur within sixty (60) days of each other as no person may hold title to two units at any time; and
(7)
If an owner on the Eligibility List should decline to exercise a right to purchase a unit on another floor their name shall go to the bottom of the Eligibility List for consideration one final time when his or her name is reached; and
(8)
The provisions of this section shall not in any way modify or supersede the financial criteria for qualification or pricing guidelines in effect under the affordable program as currently administered by LIHP, including but not limited to the provisions of the Offering Plan as filed with the New York State Attorney General.
[1]
Editor's Note: This local law also redesignated former Subsection (N) as Subsection (O).
O.
Conflicts. The specific provisions of this section shall control in the event of a conflict with provisions contained elsewhere in this chapter.
§ 198-21.3 Residence-Open Space Cluster District.
[Added 3-9-2010 by L.L. No. 4-2010]
A.
Legislative Intent.
(1)
It is the intention of the Town Board to implement land use policies set forth in the Huntington Comprehensive Plan with specific reference to the conservation and preservation of open space and the support of private recreational endeavors. To achieve these goals, the Town Board intends to create a new residential zoning classification which mandates clustering of development to provide for the preservation and enhancement of open space. Owners of properties containing recreational uses may then fully yield their lots while preserving the recreational use and/or the aesthetic and scenic qualities of their properties.
(2)
The Town Board of the Town of Huntington recognizes that open space lands zoned R-OSC may be appropriate sending sites under the Town's Transfer of Density Flow Rights (TDFR)/Wastewater Credits and/or Transfer of Development Rights (TDR) programs. The TDFR and TDR programs promote the preservation of open space by permitting the potential development yield of open space areas to be transferred to other properties, provided that the receiving properties contain appropriate infrastructure and the resulting development is consistent with community character.
B.
Use regulations. In the Residence-Open Space Cluster District, the following uses are permitted:
(1)
Outdoor recreational uses such as tennis courts, swimming pools, and golf courses.
(2)
Private recreational clubs.
(3)
One-family and multi-family homes, duplexes and townhouses, whether attached or detached, on properties containing fifteen (15) acres or more at the time of application for this zoning classification, when developed in accordance with the following requirements:
(a)
One dwelling unit shall be permitted for every forty thousand (40,000) square feet of lot area.
(b)
The project shall be designed as a cluster development to provide the open space required under § 198-21.3(E)(1).
(c)
Open space shall remain accessible for recreational use in perpetuity.
(d)
Conservation areas shall be managed in accordance with best management practices to preserve the environmental integrity of the property (wildlife and habitat management; chemical use reduction and safety; water conservation; water quality management; and outreach and education).
(e)
Access to the residential areas shall remain open and non-gated, with the exception of residential areas where any gate related structure is located on a private road and set back at least one-hundred and fifty (150) feet from the nearest public road and any lot line of an existing residential home.
(f)
Significant peripheral viewsheds identified by the Planning Board shall be conserved.
D.
General Provisions.
(1)
All applications for development shall be subject to a public hearing before the Planning Board in accordance with the public hearing requirements for subdivision applications.
(2)
If recreational open space remains open to the public for public use and benefit, the requirement to set aside parkland or pay a park and playground fee per Chapter A-202 of the Town Code may be deemed satisfied by the Planning Board.
(3)
Flexibility in physical design is warranted to maximize open space conservation and preserve ecological features, topography, scenic views, and community character. The Planning Board may, at its discretion, apply such special conditions or restrictions to its approval of a residential cluster development as it deems necessary to maintain harmony with neighboring uses and to promote the objectives and purpose of the comprehensive plan and the zoning and subdivision ordinances. This could include, but not be limited to specifying parking type (garage, driveway, parking lots), reduction in road width for private roads, use of alternative drainage methods, and supplementary landscaping requirements.
E.
Height, area and bulk regulations. See Article IX. In addition, the following regulations shall apply:
(1)
Not less than seventy (70%) percent of the site shall be reserved as open space in perpetuity in the manner provided for in § 198-21.3(G).
(2)
A building and parking lot setback of at least fifty (50) feet in depth shall be provided, as measured from all exterior lot lines of the property under review.
(3)
Building height shall not exceed thirty-five (35) feet, unless modified by the Planning Board to allow up to an additional fifteen (15) feet. This modification may be granted if it can be demonstrated by the applicant, to the satisfaction of the Board, that the visual impacts from surrounding properties shall be minimal and the increased height shall result in conserving the natural and scenic qualities of open lands.
(4)
More than one principal building may be placed on a lot.
(5)
A minimum separation of ten (10) feet shall be provided between all principal buildings.
(6)
Any community building, recreational or related amenity developed for the exclusive use of residents of the cluster development must be set back at least fifty (50) feet from all exterior lot lines of the property under review.
(7)
An upland buffer of native vegetation of at least one hundred (100) feet in depth shall be provided adjacent to wetlands and surface waters, including creeks, streams, springs, lakes, and ponds. The buffer area shall not be fertilized.
F.
Review Criteria
(1)
A residential cluster development shall undergo routine technical and SEQRA analysis. When reviewing a residential cluster development, the Planning Board shall consider the following guidelines:
(a)
Buildings are adequately grouped so at least seventy (70%) percent of the total area of the site is set aside as open space. To the greatest extent practicable, open space shall be designated as a single block and not divided into unconnected small parcels located in various parts of the development.
(b)
Pedestrians can easily access open space.
(c)
All development is situated to minimize the alteration or disturbance of natural features, natural vegetation, and topography.
(d)
Existing scenic views or vistas are permitted to remain unobstructed, especially from public streets.
(e)
The site plan accommodates and preserves features of historic, cultural, or archaeological value.
(f)
Floodplains, wetlands, and steep slopes are protected from development.
(g)
The cluster development advances the spirit and intent of this legislation.
G.
Conveyance of Open Space
(1)
Open space created as a result of a residential cluster development may be dedicated as parkland to the Town of Huntington or Suffolk County.
(2)
If not dedicated as parkland, the open space shall be protected by a conservation easement or covenants and restrictions approved by the Planning Board and in a form approved by the Town Attorney, and the ownership of the open space shall be transferred to one of the following organizations:
(a)
A public or private club that uses and maintains the recreational resource.
(b)
A corporation, Homeowners' Association or trust owned collectively by all of the owners of lots or dwelling units within the residential cluster development, or owners of all of the shares comprising a cooperative development.
(c)
A not-for-profit corporation recognized under IRC § 501(c)(3) whose principal purpose is the conservation of open space.
§ 198-21.4 Special Equestrian Center Overlay District
[Added 4-13-2021 by L.L. No. 20-2021]
A.
Legislative Intent.
The Town Board is committed to the establishment and maintenance of Equestrian Centers, which provide valuable recreational and therapeutic riding experiences to residents. As the costs of maintaining and preserving Equestrian Centers can be substantial, the Town Board seeks to establish a mechanism by which these costs may be defrayed. It is the view of the Town Board that, by enhancing property owners' ability to maintain and preserve Equestrian Centers, the educational, cultural, economic, social and general welfare of the public will be advanced.
B.
Equestrian Centers.
(1)
Eligible Zoning Districts. The Equestrian Center Overlay District may only be applied to a property located in an R-80 or R-40 zone.
(2)
Additional Use. In addition to those uses permitted as-of-right in the R-80 or R-40 zoning district where the Equestrian Center is located, and the uses enumerated as conditional uses pursuant to § 198-68, and notwithstanding any other sections of the Town Code, the Town Board may, after a public hearing, permit the additional use for an Equestrian Center in accordance with the provisions of this section.
C.
Application. The property owner shall apply to the Town Board by filing an application for inclusion in the Equestrian Center Overlay District and further shall apply to the Town Board for a Special Use Permit to operate said Equestrian Center within the Overlay District and shall follow the procedure set forth in the Town Code for a change of zone. The Town Board shall consider the factors contained in § 198-66 (A) and (B) relative to the Equestrian Center Overlay District Special Use Permit. After a Special Use Permit is approved, the Zoning Board of Appeals shall have continuing jurisdiction over expansions, alterations or modifications of such Special Use Permit pursuant to § 198-109(I).
D.
Minimum requirements. An applicant must establish, to the satisfaction of the Town Board, the following:
(1)
The proposed lot for inclusion in the Equestrian Center Overlay District shall be not less than 20 acres.
(2)
The Equestrian Center and proposed facilities shall comprise not less than five (5) acres of the parcel.
(3)
The use would not create undue traffic congestion or hazard.
(4)
The use would not negatively impact the value of surrounding properties or adversely affect the character of the neighborhood.
E.
The Town Board may, after a public hearing, approve an application, in whole or in part, and with or without special conditions or restrictions, 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 Town Board fails to act within the ninety (90) day period. The decision of the Town Board is final as to the Town of Huntington and the resolution, if one is adopted, shall be filed in the Office of the Town Clerk.
F.
As a condition of approval, the Town Board may impose such restrictions as it deems reasonable or necessary, including but not limited to, the following:
(1)
A limitation on the uses that are authorized at the site, or in the Equestrian Center facilities.
(2)
A limitation on the maximum number of persons which may be accommodated on the premises at any one time.
(3)
A limitation upon the hours of operation.
(4)
More stringent setback requirements than would otherwise be required in the zoning district.
(5)
Conditions on the alteration and expansion of the structure.
(6)
Such other reasonable conditions that are consonant with the conservation of the character of the existing neighborhood, surrounding property values and agricultural and open space resources and that may be in harmony with the objectives of the Code and the Comprehensive Plan of the Town of Huntington.
G.
Additional Specific Use Provisions and Restrictions. Notwithstanding any other provision of law to the contrary, the following shall apply:
(1)
Equestrian Center.
(a)
The Equestrian Center shall remain in use as an Equestrian Center for a minimum of twenty (20) years from the date of approval or first operation, whichever occurs later. No owner shall apply for relief from this requirement under § 198-129 unless the twenty (20) year period has expired, and the owner demonstrates to the Town Board a compelling need to discontinue use of the Equestrian Center and that the site will be utilized as another proposed use allowed in the zoning district and consistent with the preservation of open space.
(b)
The Equestrian Center and all its facilities shall be a minimum of five (5) acres.
(c)
The applicant, owner and operator of the Equestrian Center shall not encumber, pledge, place any financing or permit any lien to be filed against the property comprising the Equestrian Center.
(d)
The Town Board may require the posting of a performance bond as a condition of any grant.
(2)
Single Family Homes.
(a)
Minimum Lot Area. One dwelling unit shall be permitted for every forty thousand (40,000) square feet of lot area of the parcel, inclusive of the land occupied by the Equestrian Center and its facilities.
(b)
Clustering. If clustering is used to reduce lot sizes below the figure set forth in § 198-21.4(H)(2)(A), in no event shall the size of any lot under this subsection be less than twenty six thousand (26,000) square feet of lot area.
(3)
Other commercial or industrial uses are specifically prohibited.
I.
Restrictive Covenant. If an application is granted with conditions, the applicant shall prepare covenants and restrictions to run with the land and for the benefit of the Town of Huntington. The applicant shall submit the proposed instrument to the Town Attorney for approval as to form and content. The Town Attorney shall indicate approval by signing the original document. The applicant shall record the signed original document in the Office of the Suffolk County Clerk at his or her own cost and expense and provide the Town Attorney and Department of Planning and Environment with a copy of the recorded instrument. The liber and page of each instrument recorded shall be shown on the site plan submitted to the Director of Planning before the plan will be signed for final approval.
J.
Abandonment.
(1)
In addition to the rights the Town Board may have in law or equity, the Town Board following a public hearing and upon no less than thirty (30) days' notice to the owner may terminate the approved use of the Equestrian Center, in the event the owner has ceased operation of the Equestrian Center. For the purposes of this paragraph, there shall be a rebuttable presumption that an Equestrian Center has ceased operation if it has not been used for more than 180 day consecutive days in any given period.
(2)
In the event the Town terminates the approval, the owner shall deed the property containing the Equestrian Center to the Town free and clear of any rights or claims.