Huntington City Zoning Code
ARTICLE IX
Height, Area and Bulk Regulations
§ 198-55 Chart of Height, Area and Bulk Requirements.
Height, area and bulk requirements for the various districts shall be as indicated in the chart below, together with other height, area and bulk requirements contained elsewhere in the chapter. Refer to the specific district regulations for special conditions and requirements.[1]
[1]
Editor's Note: The table of height, area and bulk requirements is included at the end of this chapter.
§ 198-56 Height exceeding specified building height.
Notwithstanding any other provision of this chapter, no permit shall be issued for any building where any structure appurtenant thereto, including exhaust stacks, chimneys, cooling towers, elevator housings, heating or air-conditioning machinery, tanks, cupolas, steeples or similar projection, is designed to exceed the specified building height limit for the district by more than twenty-five (25) feet until the Town Board has reviewed and approved the site and building plans. Prior to the grant of any such approval, the Town Board shall determine that such excess height is reasonably necessary to the proper conduct of the use, that the public health, safety and welfare are adequately safeguarded and that the character of the neighborhood is not adversely affected. Prior to the approval of any application under this section, the Town Board may conduct a public hearing after due notice and may compel the attendance of witnesses and take sworn testimony.
§ 198-57 Modifications of height regulations.
A.
The height limitations of this chapter shall not apply to:
(1)
Belfries or church spires.
(2)
Flagpoles.
(3)
Public monuments.
(4)
Municipal water tanks, towers or standpipes.
(5)
Radio and antenna towers, antennae or beacons which are equipped with breakaway design and technology, causing them to fold and fall within the lot upon which they are located in case of collapse.
[Amended 7-1-1998 by Ord. No. 98-ZC-8]
B.
Elevator housings, ventilating and air-conditioning devices and similar appurtenances usually carried above roof level may exceed the height limits by fifty (50%) percent of the building height but not more than twelve (12) feet, provided that the total area covered is not more than twenty-five (25%) percent of the roof area.
C.
Public or semipublic buildings such as hospitals, institutions, schools, churches or temples may be erected to a height in excess of that permitted for the district, provided that all minimum yard requirements shall be increased one (1) foot for each foot of height in excess of the limit for the district, but no such building shall exceed seventy-five (75) feet.
D.
Any portion of the building, structure, or equipment that protrudes above the roofline shall require visual screening from ground level. The screening will not be included in calculating the height of the building. Screening will be required in all cases when the protuberances are visible to adjacent residential, educational, or religious uses. The Planning Board shall consider the size of the protuberances, their location on the building, and the aesthetic impact of the screening in determining the appropriate design. The Planning Board may specify the type of materials and colors used. Screening may be waived by the Planning Board for alterations to an existing building that are not creating new visual impacts, for impacts solely on nonresidential property where the architectural design of a gabled or hipped roof makes such screening impracticable.
[Added 6-15-2021 by L.L. No. 31-2021]
§ 198-58 Modifications of yard requirements.
A.
Every part of a required yard shall be open and unobstructed to the sky except for permitted accessory buildings and structures and the ordinary projection of sills, cornices, decorative features, window air-conditioning units and chimneys, which may extend not more than twenty-four (24) inches into a required yard and egress windows or basement window wells which may extend 42" into a yard provided same contain a protective cover or grate.
[Amended 11-19-2019 by L.L. No. 64-2019]
B.
Where a lot is to be used for hospital, institutional, educational or dwelling purposes, including motels, such buildings may be arranged around a court which is unobstructed except for permitted off-street parking areas or roofed passageways at ground level and which is open on at least one (1) side facing a street. Any such court between buildings which are parallel or within forty-five (45°) degrees of being parallel shall have an average width of not less than thirty (30) feet for one- and two-story buildings plus ten (10) feet additional for each additional story, and the least horizontal dimension of such court shall not be less than twenty (20) feet.
C.
The least dimension of any yard upon which the principal entrance of a multiple dwelling may face shall be twenty (20) feet.
D.
An open, unenclosed, entry porch or stair which does not extend above the level of the first floor may extend into a required front, side or rear yard a distance of not more than seven (7) feet but shall not be placed within five (5) feet of a side or rear lot line.
[Amended 1-26-1999 by L.L. No. 2-1999]
E.
An uncovered accessory swimming pool or barbeque grill may be located within a required rear yard but shall not be placed within five (5) feet of a side or rear lot line.
F.
Where a lot used for industrial or commercial purposes abuts a residence district boundary, the side or rear yard requirements of the residence district side which abuts the lot shall apply to any such use, except that where district regulations for the industrial or commercial use impose higher requirements, such higher requirements shall apply; provided, however, that such rear yard requirement shall not apply to C-9 waterfront properties.
[Amended 5-26-1970 by Ord. No. 70-ZC-8; 5-4-2004 by L.L. No. 12-2004]
G.
On through lots, the required front yard shall be provided on each street.
H.
Open or lattice-enclosed fire escapes and the ordinary projection of chimneys and flues may project into a required rear yard a distance of not more than four (4) feet.
I.
In R-5 and R-3M Residence Districts and C-1 Business Districts, a fire escape, entry porch or stair affixed to and running parallel with the wall of a residence structure may project into a required side or rear yard a distance of not more than four (4) feet.
J.
No required yard or open space about one (1) building shall be included in determining the required yard or open space about any other building.
K.
Where an official line has been established for the future widening or opening of a street upon which a lot abuts, the required depth of a front or side yard shall be measured from such official line.
[Amended 2-6-1979 by Ord. No. 79-ZC-91]
L.
Notwithstanding the provisions of this article, no projection of a structure or appurtenance into a required yard used for residence purposes shall be allowed if the unobstructed width of the side yard is thereby reduced to less than five (5) feet.[1]
[1]
Editor's Note: Former Subsection M, concerning open, unenclosed, unroofed entry porches or stairs, added 6-14-1977 by Ord. No. 77-ZC-72, and which immediately followed this subsection, was repealed 1-26-1999 by L.L. No. 2-1999.
§ 198-59 Accessory buildings and structures.
A.
Except as provided in this article or in the district regulations, no accessory building shall be located within a required yard.
B.
Accessory buildings shall be included in computing the maximum percentage of lot which may be covered by buildings.
C.
In residence districts, detached accessory buildings shall not exceed the following:
[Amended 1-26-1999 by L.L. No. 2-1999; 4-19-2005 by L.L. No. 12-2005]
D.
In residence districts, accessory structure(s), excluding fences, freestanding walls and retaining walls, shall not be located between any street line (property line) and the existing or proposed setback line of the main building on the lot.
[Amended 12-2-1986 by Ord. No. 86-ZC-163; 1-26-1999 by L.L. No. 2-1999; 7-5-2005 by L.L. No. 28-2005; 5-8-2007 by L.L. No. 19-2007]
(1)
Sheds under two hundred (200) square feet shall not be closer than two (2) feet to a side or rear lot line.
(2)
In R-80, R-40, R-20 and R-15 Districts, accessory structures, other than sheds under two hundred (200) square feet, shall not be closer than ten (10) feet to a side or rear lot line.
(3)
In R-10, R-7 and R-5 Districts, accessory structures shall not be located closer than two (2) feet to a side or rear lot line.
E.
In the case of a corner lot, an accessory building or structure shall not project beyond the required yard line along either street or the existing setback of the main building on the lot. In the case of a corner lot with direct access to the Long Island Expressway or its service roads, an accessory parking structure may project beyond the existing setback of the main building on the lot.
[Amended 1-26-1999 by L.L. No. 2-1999; 6-11-2008 by L.L. No. 18-2008]
F.
An accessory garage or other building attached to the main building shall be considered part of the main building in determining yard requirements.
[Amended 1-26-1999 by L.L. No. 2-1999]
G.
In the C-1, C-3, C-6 and C-7 Business Districts, no accessory building shall be located closer to any street line than the main building on the lot, and no accessory building shall be located within two (2) feet of a side or rear lot line.
H.
Satellite dish antennas.
[Added 8-21-1990 by Ord. No. 90-CE-1]
(1)
Satellite dish antennas shall be permitted as accessory structures within any use district, subject to the requirements contained herein and subject to the issuance of a building permit from the Town of Huntington, Department of Engineering Services.[1]
(2)
Standards applying to all use districts:
(a)
Satellite antennas shall be designed to withstand winds of up to one hundred twenty (120) miles per hour.
(b)
All antennas shall be installed and operated in accordance with the manufacturer's specifications.
(c)
All antennas shall be adequately grounded.
(d)
All fastening configurations shall be designed by a professional engineer licensed in the State of New York, and plans submitted for approval shall bear the seal and signature of the holder of such a license.[2]
[2]
Editor's Note: Former Subsection H(2)(e), which regulated the location of installed antennas and which immediately followed this subsection, was repealed 1-12-1993 by Ord. No. 92-ZC-295.
(3)
Standards applying to all residential zoning districts:
(b)
All antennas shall employ (to the extent possible) material and colors that blend with the surroundings.
[Amended 1-12-1993 by Ord. No. 92-ZC-295]
(c)
Roof-mounted satellite antennas may be installed in all residence districts.
(d)
Roof-mounted satellite antennas shall not exceed ten (10) feet in diameter, and shall be finished in a color that blends with the surroundings.
[Amended 1-12-1993 by Ord. No. 92-ZC-295]
(e)
No more than one (1) satellite dish antenna may be permitted per structure.
(4)
Standard applying to all commercial and industrial zoning district:
(a)
All antennas shall employ (to the extent possible) material and colors that blend with the surroundings.
[Amended 1-12-1993 by Ord. No. 92-ZC-295]
(b)
Roof-mounted satellite dish antennas shall be mounted as close to the center of the roof as is practicable and shall not exceed a height of twelve (12) feet, nor may they exceed the height of the building by more than fifty (50%) percent.
[Amended 1-12-1993 by Ord. No. 92-ZC-295]