The regulations set forth in this section or set forth elsewhere and referring to this section are intended to provide for convenience-type retail and service outlets designed principally for residential neighborhood service.
A. Use regulations. In the C-4 Neighborhood Business District, a building or premises shall be used only for the following purposes:
(1) 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.
(2) 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.
(3) Personal service shops, including barber- and beauty shops, photographic studios, stationery and newspapers, confectionery, gift shop, decorator or upholstery shop.
(4) Custom dressmaking and tailoring, shoe repair, watchmaking and repairing.
(5) Undertaking establishment.
(6) Food shops and restaurants which provide only table service within the building and not including drive-in restaurants or similar establishments. [Amended 12-15-1992 by Ord. No. 92-ZC-291]
(7) Retail florist and garden shop accessory thereto.
(8) Business and professional offices, office buildings, banks, post offices, municipal uses.
(9) 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.
(10) [Added 4-18-2000 by L.L. No. 8-2000] Day-care centers, provided that all state and county regulations for the operation of such facilities are complied with; and
(a) Any outdoor exercise area is to be fenced and no closer than five (5) feet to a property line nor ten (10) feet to a parking area; and
(b) An adequate (at the discretion of the Planning Board, during site plan review) dropoff/pickup area must be shown on the plan.
B. Conditional uses as follows, subject to the issuance of a special use permit by the Board of Appeals pursuant to the provisions of § 198-66:
(1) Laundry or dry-cleaning pickup stations, excluding on-premises cleaning or laundering.
(2) 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.
**Webmasters Note: The previous sections, 198-24H(1) through 198-25B(2), have been amended as per a supplement dated 8-1-2000.
(3) 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.
(4) 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.
C. Off-street parking and loading regulations. See Articles VII and VIII. In addition, the following shall apply:
(1) 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.
D. Height, area and bulk regulations. See Article IX. In addition, the following shall apply:
(1) 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.
E. Supplementary use regulations and conditionally permitted uses. See Article XI.
F. Supplementary height, area and bulk regulations. See Article IX.
G. 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. [Amended 7-10-1973 by Ord. No. 73-ZC-45]
H. Security gates within the Huntington Village Business Improvement District. [Added 7-11-1995 by Ord. No. 95-ZC-8]
(1) 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.
(2) Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.
(3) 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.
The regulations set forth in this section or set forth elsewhere and referring to this section are established to provide for retail shopping facilities composed principally of groups of retail and service establishments of integrated design, intended to serve community-wide or regional needs as well as those of local neighborhoods.
A. [Amended 9-14-1976 by Ord. No. 76-ZC-65] Use regulations. In the C-5 Planned Shopping Center District, a building or premises shall be used only for the following purposes:
(1) Office building, bank, financial institution, public utility office, post office.
(2) 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.
(3) Bakery and candy making, provided that all goods are offered at retail from the premises.
(4) Restaurants, lunchrooms, food shops, taverns and bars, provided that all food and beverage service is conducted inside a building, except as in §198-2B, "food shop." [Amended 12-15-1992 by Ord. No. 92-ZC-291]
(5) Personal service shops, including but not limited to barber, beautician and photographer's studio.
(6) 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.
(7) Laundry pickup station, excluding bulk processing. Laundering shall be limited to the use of individual automatic machines operated by or for the customer.
(8) 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.
(9) 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).
(10) Bus station, waiting room or shelter operated for the convenience of shopping center patrons or employees of a permitted use.
(11) 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.
(12) Game rooms, only where said use is supplementary and subordinate to a permitted principal use of the premises, as enumerated herein. [Added 9- 28-1982 by Ord. No. 82-ZC-119]
(13) [Amended 9-28-1982 by Ord. No. 82-ZC-119; 2-9-1993 by Ord. No. 92-ZC-292] 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.
(a) Outdoor, accessory, unroofed garden center for the sale of plants, tools, garden supplies, lawnmowers or the sale of lawn furniture, but not to include the sale of lumber or any other construction material (railroad or garden ties), in an area not to exceed ten percent (10%) of the gross floor area (GFA) of the building or twenty thousand (20,000) square feet, whichever is the lesser, provided that such area is not located within any required building setback line nor within one hundred (100) feet of a residence district boundary. As long as these areas are seasonal and unroofed, they shall be assessed for parking at the rate of one (1) parking space for every four hundred (400) square feet of gross floor area and are not to be included in the computations for building lot coverage. Such areas are to be depicted on a site plan and submitted to the Planning Board for review of its adequacy concerning pedestrian and vehicular traffic circulation and parking. [Added 4-5-1994 by Ord. No. 94-ZC-196]
B. Prohibited uses. With the exception and limitation of §198-26A(13)(a) above, all other outdoor sales, entertainment, and product demonstration activities, including but not limited to the following: theaters, concerts, flea markets, carnivals, bazaars, fairs and outside demonstration of products, whether or not any outside sales activities are conducted in connection therewith. This prohibition shall not apply to activities conducted under the supervision of and for the sole benefit of bona fide religious, charitable, public-service or volunteer fire organizations; however, such organizations are required to supply ten (10) days' written notice of the location, date and type of activity planned to the Town Clerk, and the foregoing is in addition to and without limitations upon Chapter 91 herein, entitled 'Carnivals, Circuses, Fairs and Amusement Events." [Added 9-14-1976 by Ord. No. 76-ZC-1965; amended 4-5-1994 by Ord. No. 94-ZC-196]
C. Off-street parking and loading regulations for permitted uses. See Articles VII and VIII. In addition, loading areas and accessways thereto shall be designated on the site plan and located in such a way that no truck using such area shall block the passage of other vehicles on a service drive or interfere with traffic flow on any street or way used for general circulation.
D. Height, area and bulk regulations. See Article IX. In addition, the following shall apply:
(1) 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 percent (30%) of the building area but such excess height shall not be more than three (3) stories or fifty-five (55) feet in any case.
(2) Required off-street parking and loading space shall be provided for the expanded building area as specified in Articles VII and VIII.
(3) 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.
(4) 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.
(5) 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. [Added 6-11-1996 by L.L. No. 9-1996]
(6) [Added 6-11-1996 by L.L. No. 9-1996] 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 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 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:
(a) The parking garage building is not, in any way larger than the primary building on the subject site.
(7) 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. [Added 6-11-1996 by L.L. No. 9-1996]
E. Supplementary use regulations and conditionally permitted uses. See Article XI.
F. Supplementary height, area and bulk regulations. See Article IX.
G. Site development plan. [Amended 7-10-1973 by Ord. No. 73-ZC-45]
(1) Building and site development plans for a proposed use shall be submitted to the Planning Board at the Town Planning Department before an application for a building permit is made.
(2) 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 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.
H. Security gates within the Huntington Village Business Improvement District. [Added 7-11-1995 by Ord. No. 95-ZC-198]
(1) 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.
(2) Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.
(3) 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.
