Huntington City Zoning Code

Any use permitted in the R-80, R-15 and R-5 Residence Districts.

Business and professional offices, medical offices and office buildings, provided that no building may be constructed or altered to provide a show window, display window or storefront. There shall be no display of products in windows nor any storage of merchandise on the premises or in the building.

Undertaking business or establishment or funeral home, provided that no off-street parking area shall be allowed in front of the building or within a yard which lies between the side of the building and the street if on a corner lot. All accessory vehicles shall be garaged when not in use.

Studios for an artist, musician, photographer or sculptor, including the teaching of art, music or other artistic instruction.

Accessory buildings and uses, including identification signs as regulated in Article XIV.

Day-care centers when in full compliance with all state and county regulations for such use.

Multiple-family dwellings.

The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

Office buildings.

Institutions engaged in research and testing of electronic, electrical and mechanical devices, including ancillary laboratories and related activities, provided that:

Accessory uses and buildings, including employee cafeteria, auditorium, day-care facility, storage of records and materials incidental to the permitted use, off-street parking and loading, signs as regulated in Article XIV. Incidental sale of products is permitted. All storage shall be within a building.

Outdoor storage and sales of products or materials.

No parking area shall be located within twenty (20) feet of a front property line; within fifteen (15) feet of any other street side property line; within ten (10) feet of an interior lot line; nor within twenty (20) feet of a residence district boundary.

Buffers surrounding parking areas shall be appropriately landscaped.

Overnight parking for fleet vehicles shall be indicated on the site plan. Such an area shall not be situated in a required front yard or within a required street side yard.

The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

Single-family and two-family dwellings.

Personal service shops to include barbers, hair stylists, nail salons, dog grooming, opticians, custom dressmaking and tailoring, millinery, shoe repair, watch repair and jewelers, camera repair, the repair of small household appliances, dance studios, martial arts studios and day-care centers.

Neighborhood service shops to include photographic studios, confectioneries, bookstores, stationery and newspapers, video rental, retail bakery outlets (excluding on-premises baking), gift shops, laundry or dry cleaning pick-up stations (excluding on-premises cleaning or laundering), liquor stores, shoe and clothing stores, including the rental of formal wear, print shops, pharmacies, hardware stores and pet stores, provided that no single neighborhood service shop contain more than two thousand (2,000) square feet of gross floor area.

Antique shops and decorators' shops, furniture repair and custom cabinetry and woodworking.

Undertaking business or establishment or funeral home.[1]

Florist, including garden shop or greenhouse accessory thereto.

Business, educational and professional offices, office buildings, banks and post offices.

A use of the same general character as those specifically permitted in this section, when authorized as a special exception by the Board of Appeals under the provisions of Article XI and XVI.

Accessory uses and buildings, including off-street parking and loading areas, but not including outdoor display of merchandise offered for sale other than nursery stock; identification signs as regulated in Article XIV.

Houses of worship.

Mixed use structures containing up to two (2) dwelling units, in addition to any permitted use, subject to all of the conditions as outlined in § 198-2 of this code and any other conditions that the authorized board, in approving such an application, deems appropriate.

Pet Day Care Center.

Delicatessen and or food shop; provided that the following are met:

Laundry or dry-cleaning pickup stations, including on-premises cleaning or laundering, but excluding self-service establishments.

Animal hospitals, clinics, professional offices of a veterinarian and the practice of veterinary medicine, but not including open kennels, fenced runs or similar outside enclosures.

The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

Single-family dwellings, subject to height, area, yard and bulk limitations of the R-10 Residence District, except that the minimum front yard depth shall be as specified for the Neighborhood Business District.

Retail stores, but not including wholesale establishments nor uses such as automotive sales or service establishments, sales or service of trucks, tractors, trailers, farm machinery or contractors' equipment, nor lumberyards, building material yards, plumbing supply or similar establishments.

Personal service shops, including barber- and beauty shops, photographic studios, stationery and newspapers, confectionery, gift shop, decorator or upholstery shop.

Custom dressmaking and tailoring, shoe repair, watchmaking and repairing.

Undertaking establishment.

Food shops, bistros, taverns/bars, and restaurants which provide only table service within the building and not including drive-in restaurants or similar establishments.

Retail florist and garden shop accessory thereto.

Business and professional offices, office buildings, banks, post offices, municipal uses.

Accessory buildings and uses, including identification signs as regulated in Article XIV and off-street parking and loading areas. Outdoor display of merchandise is specifically prohibited.

Day-care centers, provided that all state and county regulations for the operation of such facilities are complied with; and

Convenience Markets in shopping centers with at least ten thousand (10,000) square feet or more of retail or restaurant gross floor area, and in hamlet centers where no parking is provided on site.

Pet Day Care Center.

Laundry or dry-cleaning pickup stations, excluding on-premises cleaning or laundering.

Self-service laundry or dry-cleaning establishment, provided that all such activity shall be limited to the use of individual automatic machines operated by or for the customer.

Drive-in food shop, provided that there shall be sufficient on-site area for no less than ten (10) motor vehicles in each service lane and no driveway entrance shall be located within fifty (50) feet of a street intersection.

Any other retail or personal service establishment, including a drive-in window accessory to and part of a regular banking institution where the patron remains in his vehicle while being served.

No parking area shall be located within a required front yard, except that the Zoning Board may waive this requirement upon determination that traffic circulation, public safety or neighborhood character will be substantially improved by such waiver.

There shall be a front yard of not less than fifty (50) feet, except where buildings on the same side of the street within the block or within one hundred (100) feet of a proposed building shall have setbacks of greater or less dimension, the front yard shall conform to established setbacks but shall not be less than twenty (20) feet and need not be greater than sixty (60) feet.

The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

Office building, bank, financial institution, public utility office, post office.

Retail sale of food, packaged liquors, drugs, hardware, house furnishings, shoes, clothing, toys, stationery and periodicals, fabrics and decorators' goods, furniture, jewelry, musical instruments, sheet music and records, paint and wallpaper, household appliances, optical and scientific goods and instruments, gifts.

Bakery and candy making, provided that all goods are offered at retail from the premises.

Restaurants, bistros, lunchrooms, food shops, taverns and bars, provided that all food and beverage service is conducted inside a building, except as provided in § 198-2(B) under "food shop."

Personal service shops, including but not limited to barber, beautician and photographer's studio.

Tailor shops and dry-cleaning shops, provided that no processing shall be allowed where such activity requires the use of flammable or otherwise hazardous cleaning fluids or results in the emission of noxious, toxic or explosive fumes or other effluent.

Laundry pickup station, excluding bulk processing. Laundering shall be limited to the use of individual automatic machines operated by or for the customer.

Theaters, provided that the Zoning Board shall determine, after study of the plans therefor, that on-site parking facilities are adequate to prevent undue congestion.

Retail sale of automotive supplies, accessories and minor replacement parts, excluding fuels. No vehicle servicing shall be allowed except for the installation of goods purchased on the premises, and such servicing shall be conducted entirely within a building. No body, fender, chassis or paint work shall be allowed, nor shall any repairs to engines or power trains. In any use established pursuant to this subsection, the floor area ratio of service area to sales and display area shall not exceed four to one (4:1).

Bus station, waiting room or shelter operated for the convenience of shopping center patrons or employees of a permitted use.

Any similar retail business use upon a finding by the Board of Appeals that such use is compatible with uses specifically enumerated in this section. Prior to any grant made pursuant to this section, the Zoning Board shall make appropriate findings as specified in § 198-66.

Game rooms, only where said use is supplementary and subordinate to a permitted principal use of the premises, as enumerated herein.

Accessory uses, including identification signs as regulated in Article XIV and off-street parking, including parking structures, and loading areas. Accessory buildings are specifically prohibited.

Convenience Markets in shopping centers with at least ten thousand (10,000) square feet or more of retail or restaurant gross floor area, and in hamlet centers where no parking is provided on site.

Hookah Lounges and Vape Stores/Lounges subject to the restrictions set forth in § 198-71 F.

Pet Day Care Center.

No building shall exceed two (2) stories or thirty-six (36) feet in height, except that this height limit may be exceeded for not more than thirty (30%) percent of the building area but such excess height shall not be more than three (3) stories or fifty-five (55) feet in any case.

Required off-street parking and loading space shall be provided for the expanded building area as specified in Articles VII and VIII.

Except for buildings for which a permit was issued prior to December 5, 1967, no appurtenant structures such as stair towers, ventilating devices, cooling towers or air-conditioning machinery shall project above the parapet line on any building which exceeds thirty-six (36) feet in height. In cases where projections above the roof line are permitted, the Planning Board may establish requirements for structural screening as may be needed to promote or preserve good building design.

No building shall exceed thirty-six (36) feet in any case unless the minimum front, side and rear yard setbacks are increased two (2) feet for each foot of height in excess of thirty-six (36) feet.

The height of an aboveground parking garage shall be limited to two (2) stories and shall not exceed thirty-six (36) feet. Said height shall be measured from the average grade of the nearest side of the garage to the primary structure to the highest point of the parking garage, including any parapet and/or coping. Parking is permitted on the level of a parking garage that constitutes the roof, so long as the height of said structure does not exceed the height of the primary structure on the subject site and specific height restrictions for the parking garage for the zoning classification are met.

Any proposed increase in the number of stories in excess of that which is specifically allowed in a parking garage in this zoning district shall not exceed the height limitation as described in Subsection D(5) above. All such increases shall be subject to a public hearing before and need the approval of the Town Board. Any application for an increase in the number of stories shall be made to the Planning and Environment Department as an amended site plan. The Department staff shall immediately send notice to the Town Board of such application. The staff shall review said application and prepare all documentation for compliance with the SEQRA regulations as well as technical analysis. All time frames in the law shall be adhered to in guiding preparation of a timely staff review. No public hearing shall be scheduled until the Planning and Environment Department has forwarded its reports to the Town Board. The Town Board must be able to make findings as set forth in the Town Code, Article XI, Chapter 198, § 198-66 before any approval is granted, as well as the following:

Upon the approval by the Town Board to increase the number of stories in an existing or proposed parking garage, the Planning Board shall review and approve said application for site plan requirements sufficiency, as per § 198-26G, prior to the issuance of any building permit.

Freestanding Convenience Markets and convenience markets in shopping centers with less than ten thousand (10,000) square feet of retail and restaurant space, provided that:

Building and site development plans for a proposed use shall be submitted to the Planning Board at the Town Planning and Environment Department 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. In addition, shopping center buildings shall be designed and constructed as a single integrated project but may be built in stages in accordance with an approved construction schedule. If such project is not completed within three (3) years from the date of final approval the Planning Board may restudy conditions in the area and changes therein and amend the original approval of the site plan to meet changing conditions.

The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

Churches, temples or other religious or philanthropic uses.

Hospitals, hospices or sanatoriums.

Fire and police stations, post offices, municipal uses.

Public utility buildings, substations, business offices or other structures, including telephone exchanges and railway or bus passenger stations.

Municipal or nonprofit cultural and recreational facilities, including libraries, museums, art galleries, parks, playgrounds, community buildings.

Clubs, fraternity houses or lodges.

Professional and medical offices, business offices and office buildings, banks, financial institutions.

Personal service establishments, including but not limited to barber- and beauty shops, shoe repairs, self-service laundry and dry cleaning, tailor, dressmaker, photographer.

Schools for instruction in art, music, dancing and clerical or vocational training.

Any retail sales establishment when conducted entirely within a building.

Restaurant, bistro, food shop, tavern/bar, bakery, candy, confectionery or ice-cream shop, but not a drive-in restaurant except where authorized as a special exception by the Zoning Board on findings pursuant to § 198-66.

Retail or wholesale florist shop, nursery sales, including accessory greenhouses.

Radio or television broadcasting studio or office, but not including transmission towers.

Establishments for the service and repair of household appliances and business machines.

Newspaper establishment, job printing, bookbinding, blueprinting.

Automobile parking lots as a principal use or to provide accessory parking for a permitted use, except as limited in § 198-27(A)(22) and § 198-27(A)(23), but not to include a yard for the display or storage of motor vehicles as chattel, which is specifically prohibited.

(Reserved)[1]

Undertaking establishment or funeral home.

Carpentry, cabinetmaking, custom furniture or upholstery shop.

Research and development activity, including the manufacture or assembly of prototype equipment related thereto, but not including general manufacture or assembly.

Game rooms, only where said use is supplementary and subordinate to a permitted principal use of the premises, as enumerated herein.

Mixed use buildings can be established where a permitted commercial use occupies the ground floor and a residential use occupies space on upper floors in existing buildings, and/or construction of new gross floor area within the pre-existing footprint of the subject building. All mixed-use buildings will be subject to site plan review and must meet the following criteria and standards:

Mixed-use buildings with new construction that modifies or exceeds the footprint of the existing building on site. All mixed-use buildings will be subject to site plan review by the Planning Board and must meet the following criteria and standards:

Day-care centers, provided that all state and county regulations are complied with; and

Convenience Markets in shopping centers with at least ten thousand (10,000) square feet or more of retail or restaurant gross floor area, and in hamlet centers where no parking is provided on site.

Hookah Lounges and Vape Stores/Lounges subject to the restrictions set forth in § 198-71(F).

Pet Day Care Center.

Boat sales and display.

Offices and shops of building contractors, including plumbing, heating, electrical, painting, roofing and decorating contractors.

Distribution centers for consumer products such as food, milk or bakery goods, but not including packaging, bottling or general warehousing.

(Reserved)[5]

Monument sales, including stonecutting, sandblasting and related activity accessory thereto.

Outside storage or display of inventory, products or other material, where accessory to a permitted use.

New automobile sales and the repair and service facilities accessory thereto, provided that no mechanical or body work shall be conducted outside a building, as well as used-car dealerships; the sale, repair, storage and service of trucks, trailers, farm machinery and contractors' equipment; motorcycle sales; or automobile or truck rental establishments; provided that:

Lumberyards or building material yards, including plumbing supplies, provided that any permitted outside storage area shall be screened by a solid fence or evergreen screen not less than eight (8) feet in height and no outside display of goods shall be permitted in a front yard in any case.

Auto laundry or car-washing establishment, provided that all activity shall be conducted within an enclosed building and not less than ten (10) off-street parking spaces shall be provided for each service line or washing machine.

Animal hospitals, clinics, professional offices of a veterinarian and the practice of veterinary medicine, but not including open kennels, fenced runs or similar outside enclosures.

Theaters, bowling alleys, skating rinks, game centers and similar places of amusement.

(Reserved)[6]

Metalworking, blacksmithing or tinsmithing shops.

Uses similar in character to those permitted unconditionally in the district.

Accessory uses, including off-street parking and loading areas, accessory storage, signs as regulated in Article XIV and accessory buildings not exceeding one (1) story in height for the storage of vehicles used in connection with a permitted use or for the storage of materials, excluding explosives or flammables.

Freestanding Convenience Markets and convenience markets in shopping centers with less than ten thousand (10,000) square feet of retail and restaurant space, provided that:

New dwellings, except as provided in (A)(22) of this section.

Any general manufacturing or assembly activity or general warehousing.

No retail sale of prepackaged food, soft drinks, newspapers, tobacco products, lottery tickets and other similar products, not related to the use and operation of the property as a nonconforming automotive service station or nonconforming automotive repair shop shall be permitted in the District.

When an existing building is expanded or altered so as to increase the gross floor area, additional off-street parking shall be provided as specified in Article VII, to the extent required by the area of the expansion or alteration.

When the use of a building is changed to a more intensive use, additional off-street parking shall be provided as specified in Article VII, to the extent required by the change in intensity of use.

Accessory buildings shall not exceed one (1) story in height and shall not be located within two (2) feet of any side or rear lot line nor within sixty-five (65) feet of any front lot line.

No building or part thereof used as a dwelling shall be extended or structurally altered for such use except in conformance with the area and bulk requirements of the R-5 Residence District as set forth in Article IX.

All buildings with residential uses on the upper stories shall not exceed thirty-eight (38) feet in height, except in the Huntington Station Overlay District where it will remain forty-five (45) feet.

The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

Single-family homes including home occupations, which shall be subject to the same regulations as in the R-5 Residence Zoning District.

Business and professional offices; medical offices; office buildings; financial institutions; banks.

A nursery, where plants are grown in pots or in the ground, provided there is no outdoor storage of merchandise on the premises, except outdoor display of products offered for sale as gardening nursery stock. The term "nursery" shall not include sand, gravel, railroad ties, or other contractor materials for sale as the principal offering.

Undertaking business or funeral home. All accessory vehicles shall be garaged so as to not be visible to the public when not in use.

Galleries; studios including combined live/work space for an artist, musician, photographer, sculptor, or writer; performing arts centers; establishments engaged in the teaching of art, music, dance or other artistic, clerical or vocational instruction.

Day-care centers for children and/or seniors when in full compliance with all local, county, state and federal laws, rules, regulations and ordinances for such use, and further subject to the following conditions:

Personal service shops to include barbers; hair stylists; nail salons; dog grooming; opticians; custom dressmaking and tailoring; millinery; shoe repair; watch repair; jewelers; camera repair; and the repair of small household appliances and business machines.

Neighborhood service shops to include photographic studios; bookstores; stores for the sale of stationery and newspapers; video rental shops; retail bakery; confectioneries: gift shops; laundry or dry cleaning drop-off/pick-up stations (excluding on-premises cleaning or laundering); liquor stores; shoe and clothing stores including the rental of formal wear; print shops; bookbinding; pharmacies; hardware stores; and pet stores.

Antique shops and decorator's shops; shops for the sale and/or repair of furniture as well as custom cabinetry, woodworking and upholstery shop.

Florist shop, including a garden shop or greenhouse which is accessory thereto.

Buildings occupied for municipal use; educational offices; libraries; museums; schools; post offices; fire and police stations; public utility buildings; recreational facilities including parks and playgrounds; hospitals, hospices and sanatoriums; theaters, bowling alleys, and skating rinks.

Houses of worship and philanthropic uses.

A restaurant which meets the following parking requirements:

School for the instruction of martial arts.

Automobile parking lots as a principal use or to provide accessory parking for a permitted use, but not to include a yard for the display or storage of motor vehicles as chattel or for sale/lease, which is specifically excluded.

Ground floor parking shall be permitted in the C-6 Huntington Station Overlay District provided the parking area is not visible from the main roadway frontage and provided a portion of the use on the ground floor is commercial as determined by the Zoning Board of Appeals.

Research and development activity, including the manufacture or assembly of prototype equipment related thereto, but not including general manufacture or assembly.

Community/recreational centers; public or private gyms and health clubs.

Convenience Markets in shopping centers with at least ten thousand (10,000) square feet or more of retail or restaurant gross floor area, and in hamlet centers where no parking is provided on site.

Pet Day Care Center.

Radio or television broadcasting studio or office.

Offices and shops of building contractors, including plumbing, heating, electrical, painting, roofing and decorating contractors.

Food shops, bistros, and delicatessens are conditionally permitted in the C-6 Huntington Overlay District, provided the following conditions are met:

Animal hospitals; clinics: professional offices of a veterinarian and the practice of veterinary medicine, but not including open kennels, fenced-runs or other outside enclosures which shall be specifically prohibited.

Uses similar in character to those permitted unconditionally in the district.

Accessory uses, including off-street parking and loading areas, signs as regulated by the Huntington Town Code, and accessory buildings not exceeding one (1) story in height for the storage of vehicles or materials used in connection with a permitted use, excluding explosives and flammables.

Drive through access for a restaurant shall be permitted as a conditional use, authorized by special permit subject to the requirements of § 198-66 if the following additional factors are present:

Except where otherwise specified, the provisions of Article XI of this chapter shall apply to conditional uses in the C-6 Huntington Station Overlay District.

Freestanding Convenience Markets and convenience markets in shopping centers with less than ten thousand (10,000) square feet of retail and restaurant space, provided that:

Hotels, as approved by the Town Board in accordance with the review standards found in § 198-66, provided that:

Boat sales and display.

Distribution centers for consumer products such as food, milk or bakery goods, packaging, bottling or general warehousing.

Monument sales, including stonecutting, sandblasting and related activities which are accessory thereto.

Establishments for the sale of new automobiles, and repair and service facilities accessory thereto; used car dealerships and lots; mechanical or body work repair or service establishments; shops for the sale, repair, storage and service of trucks, trailers, farm machinery and contractors' equipment; shops for the sale or lease of motorcycles, automobile or truck rental establishments.

Lumber yards or building material yards, including plumbing supplies.

Auto laundry or car washing establishments.

Metalworking, blacksmithing or tinsmithing shops.

Storage of fuel oil, liquid fuels and other flammable liquids and gas storage facilities, including facilities for the discharge, handling and distribution of such products principally in the local retail market.

Tanks, pumps and related appurtenances for the storage and dispensing of gasoline or other motor fuels in connection with any use requiring such facilities as a normal accessory, excluding automotive service stations.

Boardinghouses, fraternity houses.

Automobile repair shops.

An entry porch, porch, deck, stairway or step on residentially zoned or residentially utilized property, which is open on at least two (2) sides, roofed or unroofed, and whose height does not extend above the level of the first floor may extend into a required front, side or rear yard setback to a distance of not more than seven (7) feet, but shall not be placed or allowed to remain within five (5) feet of a side or rear lot line. The provisions of § 198-58A of this chapter do not apply in the C-6 Huntington Station Overlay District to residentially zoned or residentially utilized properties.

Outdoor storage or display of merchandise and other items. Unless otherwise provided in this section, no item or merchandise shall be stored, displayed, placed or permitted to remain within five (5) feet of any property line; or within ten (10) feet of the property line of any residentially zoned or residentially utilized property; and shall be separated from such areas by adequate barriers and appropriate landscaping, and at the sole discretion of the Planning Board, appropriate fencing. The Planning Board may impose greater setbacks where warranted, depending upon the height of the item or merchandise at issue. These prohibitions shall not apply to items or merchandise displayed in front of a store, which are removed at the end of the workday. No parking variance of greater than ten (10%) percent of the requirement may be granted in order to allow for outdoor storage and/or display in its place.

Installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including the exterior of display windows and entrance doors, is prohibited. Exterior security gates legally existing prior to March 2, 2004, on any property with a zoning classification of C-6 Huntington Station Overlay District must be moved immediately upon any change of ownership, tenancy and/or occupancy. The burden is upon the owner, tenant and/or occupant to establish, to the satisfaction of the Town, that the exterior security gates were legally preexisting and there has been no change in ownership, tenancy or occupancy.

Any person or business entity who is aggrieved by the denial of approval and/or permission to install or maintain exterior security gates on the front exterior of business storefronts, restaurants and offices, including display windows and entrance doors may apply to the Zoning Board of Appeals for relief. The Zoning Board of Appeals may only permit the installation and/or maintenance of exterior security gates upon a finding of the existence of extreme financial hardship or an extreme security risk, which has not been caused by the willful and/or negligent acts of the owner, tenant, occupier or person having an interest in the property, or has otherwise been self-created in any way. The burden of establishing the existence of extreme financial hardship and/or an extreme security risk to the satisfaction of the Zoning Board of Appeals is upon the owner, tenant, occupier or person having an interest in the property.

Interior security gates and security gates on garage doors and building loading entrances shall be permitted.

Retail uses and service shops.

Offices of professionals and service providers.

Restaurants, bistros, taverns/bars and food shops.

Fitness clubs, dance and martial arts studios.

Houses of worship, community centers, museums, art galleries, civic, fraternal and philanthropic organizations.

Funeral homes and hospices.

Day-care centers and nursery schools.

Municipal uses.

Single and two-family homes, including home occupations.

Residential apartments on the second story of buildings, where the second story does not exceed the footprint of the first story.

Any use substantially similar to the as-of-right uses set forth above.

Convenience Markets in shopping centers with at least ten thousand (10,000) square feet or more of retail or restaurant gross floor area, and in hamlet centers where no parking is provided on site.

Pet Day Care Center.

Offices and shops of building contractors, as long as all materials and equipment are stored indoors at all times, except for vehicles which may be parked outside the premises, and only if no variances have ever been granted for building or parking lot setbacks since the creation of the lot.

Drive-through windows for any use permitted as-of-right.

Outdoor dining on private property.

Veterinary offices and animal hospitals, where the Zoning Board of Appeals determines that there will be no noise impact to adjacent residential uses.

Automobile repair shops and car washes.

Automotive or boat sales and display.

Outdoor display or storage of contractors' equipment and materials.

Lumberyards and building supply yards.

Warehouses, manufacturing, and other industrial uses.

No retail sale of prepackaged food, soft drinks, newspapers, tobacco products, lottery tickets and similar convenience store-type products shall be permitted except in connection with the use and operation of property as a lawfully pre-existing nonconforming automotive service station or nonconforming automotive repair shop.

Loading zones are not required in the C-7 zoning district.

There shall only be one curb cut per property on a street.

No parking lot shall be located underneath a building.

The Planning Board may require that cross access driveways be provided to neighboring parcels, or that a Declaration of Covenants and Restrictions be filed before the site plan is approved to permit cross access driveways to be constructed at a later date.

Front and side yard setbacks may be reduced to match the setbacks on an adjoining lot sharing a common property line.

The maximum size of a building shall not exceed 10,000 sq. ft. unless a special use permit is granted by the Zoning Board of Appeals.

All site plan, variance, special use permit, and building permit applications for exterior alterations or changes in use, shall be reviewed by the Department of Planning and Environment for consistency with the Comprehensive Plan, Site Improvement Specifications, and pattern of development in the neighborhood. Site plans approved by the Planning Board for non-residential development shall not be referred for further review by the Board when an application for a building permit is filed, except that if the plan submitted with a permit application deviates from the plan originally approved by the Planning Board then Planning Board review and approval is required before a permit can be issued.

The Department may require architectural changes, additional landscaping, and sidewalk or other improvements in accordance with its Subdivision Regulations and Site Improvement Specifications.

Where the standard front yard setback applies, a landscaped area of at least ten (10) feet in depth shall be provided between the building line and the front property line to enhance the aesthetic appearance of the property.

All utility connections to new buildings, including electric, phone and cable, shall be underground. This shall not apply to new additions to existing buildings.

The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, must be removed immediately upon any change of ownership or tenancy, whichever shall occur first.

Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

Uses as permitted, specified and limited in § 198-25 for the C-4 Neighborhood Business District.

Game rooms, only where said use is supplementary and subordinate to a permitted principal use of the premises, as enumerated herein.

The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

Waterfront property. In the C-9 Harbor Use District, waterfront property shall only be used for the following purposes:

Near-water property. In the C-9 Harbor Use District, near-water property shall only be used for the following purposes:

Prohibited uses. The following uses are specifically prohibited within the C-9 Harbor Use District:

Building side yard setback.

Building height. The maximum permitted building height on waterfront properties shall not exceed either two (2) stories or twenty-five (25) feet, while the maximum permitted building height on near-water properties shall not exceed either three (3) stories or thirty-five (35) feet.

Fencing.

There shall be no parking of motor vehicles within ten (10) feet of the shoreline or bulkhead.

The main building on a waterfront parcel shall be no closer than fifteen (15) feet from the shoreline or bulkhead.

Accessory buildings shall be no closer than ten (10) feet from the shoreline or bulkhead.

No outdoor rack storage facility for watercraft shall exceed a height of twenty-five (25) feet.

Outdoor display or storage of watercraft shall not be within ten (10) feet of the shoreline or bulkhead or within five (5) feet of any lot line.

The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in the C-9 Harbor Use District. Any exterior security gates legally installed prior to the effective date of this local law, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

Motel or hotel, provided that the principal structure shall contain a lobby, public rest rooms, registry desk and manager's office designed as an integrated service grouping, and principal access to all rental units must be from the lobby by means of a corridor or covered passageway. The principal structure may also contain rentable units.

Restaurants and coffee shops, bars, meeting rooms and conference facilities, only where part of an integrated motel or hotel complex to be operated under joint management, provided that the gross site area shall not be less than five (5) acres, and the site area devoted to such uses, including accessory parking and loading, shall be included in the calculation of rentable unit density in the motel or hotel.

Accessory structures and uses, including off-street parking and loading areas, identification signs as regulated in Article XIV, swimming pools and air-conditioning machinery, provided that such machinery shall be soundproofed and located so that noise therefrom shall not adversely affect rentable units or dwellings on adjoining premises.

For each rentable unit in the principal building, one (1) off-street parking space shall be provided within one hundred (100) feet thereof.

For each rentable unit in other buildings, one (1) off-street parking space shall be provided adjacent thereto.

No parking or loading areas shall be located within fifty (50) feet of a street nor within ten (10) feet of a residence district boundary or five (5) feet of any other lot line.

The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

Automotive service stations in which the principal activity is the retail sale of gasoline, oils, grease and other petroleum products related to the servicing of motor vehicles.

Retail sale of minor repair and replacement parts for motor vehicles, such as tires, tubes, lamps, spark plugs or batteries, where accessory to the sale of motor fuels. Retail sale of soft drinks, newspapers, maps, magazines, tobacco products, lottery tickets, prepackaged food items and other similar convenience store products. The total retail sales area shall not exceed one thousand five hundred (1,500) square feet.

Servicing and minor repairs normally accessory and incidental to the sale of motor fuels, but not including overhaul of engines, motors, transmissions, steering or drive mechanisms, body and fender repair nor painting.

Accessory structures and appurtenances, such as gasoline pumps, storage tanks, parking areas, identification signs as specified in Article XIV.

No parking or loading area shall be located within a required rear yard or any contiguous yard that abuts a residence district boundary or property used for residential purposes.

Overnight parking out-of-doors shall be limited to automobiles awaiting repair, and not more than three (3) such vehicles per repair bay shall be stored at any time. No wrecked vehicles incapable of self-propulsion shall be stored out of doors for more than three (3) days.

All parking and loading areas and vehicle circulation ways shall be curbed.

Parking spaces for retail sales shall be provided on-site and shall be calculated at a rate of one (1) parking space per every two-hundred (200) square feet of retail sales space (gross floor area). Parking for retail sales shall be adequately protected and shall be separate from and not interfere with, vehicular stacking for the fuel pump stations, the temporary storage of vehicles awaiting repair, or required drives and aisles, to provide for the orderly internal circulation of vehicular traffic throughout the site.

There shall be not less than one hundred fifty (150) feet of frontage on each street on which the lot fronts.

No side or rear yard adjacent to a residence district boundary shall be less than fifty (50) feet.

No fuel pump, pump station, service island, sign, pole, or structure shall be located within a required rear yard or any contiguous yard that abuts a residence district boundary or property used for residential purposes.

Storage tanks for gasoline and oil shall be located on-site, be placed underground, and shall not be located closer than twenty (20) feet from any on-site or off-site building. All storage tanks and appurtenances shall comply with the Code of the Town of Huntington and must have valid permits from the Suffolk County Department of Health Services for compliance with the Suffolk County Sanitary Code.

Where an Automotive Service Station District abuts a residence district boundary or abuts property used for residential purposes, the construction of a brick, stone or architectural stone wall and/or such other fencing and screening as may be necessary to diminish any adverse effect may be required.

All street frontages shall be curbed, and there shall be no more than two (2) curb cuts on any frontage.

All circulation and parking areas shall be designated on the site plan and shall be paved.

The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

Professional offices for a licensed medical doctor or doctors, a licensed dentist or dentists or a public school official or officials.

The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

Theaters and concert halls.

Museums and art galleries.

Radio and television studios.

Accessory structures and uses including off-street parking and loading areas as regulated in Articles VIII and IX and identification signs as regulated in Article XIV, provided that there shall be not more than one (1) directly or indirectly illuminated identification sign on each of two (2) frontages of a main building, and provided further that no such sign shall be more than four (4) feet in vertical dimension, nor more than thirty (30) square feet in area.

Accessory restaurants and bars, provided that such uses shall be conducted only within the main building and shall be subordinate to the principal use.

The minimum lot in a Cultural Center District shall not be less than five (5) acres.

Not more than twenty-five (25%) percent of the lot shall be covered by buildings.

No building shall exceed forty-five (45) feet in height.

The minimum lot width shall be four hundred (400) feet, and the minimum frontage shall be two hundred (200) feet.

Minimum yard requirements shall be as follows:

Required 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 width.

Parking areas and driveways may be located within a required lot area, but shall not be located within ten (10) feet of a side or rear line. No parking area shall be located within fifty (50) feet of the street line. Where a side or rear line abuts a residence district boundary, no parking area or driveway shall be located within twenty-five (25) feet thereof.

The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

Bowling alleys.

Racquetball and tennis facilities, provided that all game courts are within an enclosed building.

Skating rinks.

Accessory off-street parking.

Minimum lot area: three (3) acres.

Minimum lot width: two hundred (200) feet.

Maximum building height: forty-five (45) feet.

Front, side and rear yard setbacks: fifty (50) feet, or twice the height of the building, whichever is greater.

Wherever a Commercial Recreation District abuts residentially zoned land there shall be a perimeter planting buffer not less than twenty-five (25) feet in width, to be fenced with a six-foot-high sapling fence erected on galvanized posts set in concrete, and landscaped in accordance with a plan approved by the Planning Board.

Maximum coverage of lot by building: twenty-five (25%) percent.

Construction material on the building exterior.

Signs and exterior lighting access.

Screening and landscaping.

The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.