[Added 3-2-2004 by L.L. No. 7-2004 ]

Purpose. The purpose of adopting this overlay zone is to create a business district that will accommodate neighborhood shopping, encourage job creation, allow for a community where people can easily walk to acquire the day to day needs, and yield ratables commensurate with the uses permitted.

A. Use regulations. Unless otherwise specifically prohibited, the as-of-right uses provided in the C-6 General Business District shall be permitted in the C-6 Huntington Station Overlay District, subject to any restrictions and limitations contained in this section. In the event the provisions of § 198-27 conflict with the provisions of this section, this section shall be controlling. In addition to such permitted uses, a building, structure or premises in the C-6 Huntington Station Overlay District may be used for the following purposes.

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

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

(3) 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.

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

(5) Galleries; studios for an artist, musician, photographer or sculptor, including the teaching of art, music, dance or other artistic instruction; clerical and vocational training.

(6) 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:

(a) In the event an outdoor exercise area is contemplated it must be completely enclosed by fencing and no closer than five (5) feet to the property line nor ten (10) feet from a parking area; and

(b) At the discretion of the Planning Board, during site plan review, an adequate drop-off/pickup area must be shown on the plan.

(7) 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.

(8) 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. In no event shall a single neighborhood service shop contain more than two thousand (2,000) square feet of gross floor area.

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

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

(11) 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.

(12) Houses of worship and philanthropic uses.

(13) Supermarket up to twenty thousand (20,000) square feet shall be permitted as long as it complies with all of the retail requirements of the Code. When such use exceeds twenty thousand (20,000) square feet, all of its required parking must be located on the same premises as the main use.

(14) A restaurant, provided that all parking at the rate of one (1) space for each one hundred (100) square feet of gross floor area shall be located on-site or supplemented in a municipal parking lot if the nearest property line of the municipal lot and the nearest property line of the subject premises are located within three hundred (300) feet of each other.

(15) School for the instruction of martial arts.

(16) 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.

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

(18) Community/recreational centers; fraternity houses and lodges.

B. Additional uses. The following additional uses shall be permitted, provided that there shall be no outside storage or display of products, inventory or other materials.

(1) Radio or television broadcasting studio or office.

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

C. Conditional uses. Unless otherwise specifically prohibited, the conditionally permitted uses provided in the C-6 General Business District shall be conditionally permitted in the C-6 Huntington Station Overlay District, subject to any restrictions or limitations contained in this section. In the event the provisions of § 198-27 conflict with the provisions of this section, this section shall be controlling. In addition to such conditional uses, the following conditionally permitted uses shall be permitted subject to the issuance of a special use permit. In no event shall a special use permit be issued or approved if any one of the conditions for the stated use is not met.

(1) Notwithstanding any provision of this chapter to the contrary, food shops as defined in § 198-2 of the Code and delicatessens are conditionally permitted in the C-6 Huntington Overlay District, provided the following conditions are met:

(a) All dining activities shall be conducted inside the building; and

(b) No such establishment shall contain more than 1,500 square feet of gross floor area; and

(c) A drive-through window and drive-through window service shall be specifically prohibited; and

(d) No building housing such use shall be located within 35 feet of the boundary lines of all adjoining residentially zoned or residentially utilized properties; and

(e) A dense evergreen-landscaped buffer of no less than 25 feet shall be provided along the boundaries of all adjoining properties which are residentially zoned or residentially-utilized; and

(f) Any shopping center containing three or more establishments shall have no more than two delicatessens, or two food shops, or one of each for a total of two such establishments; and

(g) No dumpster, enclosure for trash, or compactor shall be located within 50 feet of the boundary line of residentially zoned or residentially utilized property; and

(h) All exhaust fans shall be directed away from residentially zoned or residentially utilized properties.

(2) 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.

(3) Uses similar in character to those permitted unconditionally in the district.

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

(5) The provisions of Article XI of this chapter shall apply to conditional uses in the C-6 Huntington Station Overlay District, except that the uses set forth in § 198-68A 2), (5), (8), (17) and (20) shall be prohibited.

D. Prohibited uses. The following uses are specifically prohibited.

(1) Game rooms and game centers.

(2) Boat sales and display.

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

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

(5) 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.

(6) Lumber yards or building material yards, including plumbing supplies.

(7) Auto laundry or car washing establishments.

(8) Metalworking, blacksmithing or tinsmithing shops.

E. Prohibitions and restrictions.

(1) Drive-through windows and drive-through window service of any kind shall be specifically prohibited in the C-6 Huntington Station Overlay District.

F. Off-street parking and Loading regulations for permitted uses shall be in accordance with Articles VII and VIII of this chapter.

G. Unless otherwise provided, the height, area and bulk regulations in the C-6 Huntington Station Overlay District shall be the same as in the C-6 General Business District. In addition, at the sole discretion of the Town, the architecture of any new and/or renovated structure shall be in keeping with a village setting with storefronts at the front property line, sidewalks and street trees.

H. Design criteria.

(1) 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.

(2) 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 percent (10%) of the requirement may be granted in order to allow for outdoor storage and/or display in its place.

I. Site development plan. Any and all building construction and site development plans for a proposed business use shall be submitted to the Planning Board before an application for building permits is filed, and no building permit shall be issued until the plans have been fully approved by the Planning Board. The Planning Board shall review such plans and act thereon as specified in the Huntington Town Code.

J. Security gates within the C-6 Huntington Station Overlay District.

(1) 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.

(2) 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.

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

**Webmasters Note: The previous section has been added as per Local Law No. 7-2004.