The regulations set forth in this section or set forth elsewhere and referring to this section are intended to establish regulations for the control of predominantly open highway commercial areas where property depths are adequate to provide modern standards for intensity of use, parking and traffic circulation.
A. Use regulations. In the C-7 Highway Business District, a building or premises shall be used only for the following purposes:
(1) Uses as permitted, specified and limited in §198-27 for the C-6 General Business District.
B. Prohibited uses. The following uses are specifically prohibited:
(1) New dwellings.
(2) Any general manufacturing or assembly activity or general warehousing.
C. Off-street parking and loading regulations for permitted uses. See Articles VII and VIII.
D. Height, area and bulk regulations. See Article IX.
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. Any and all 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 plan have been approved. [Added 12-4-1991 by Ord. No. 91-ZC- 266]
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.
A. Use regulations. In the C-8 General Business A District, a building or premises shall be used only for the following purposes:
(1) Uses as permitted, specified and limited in §198-25 for the C-4 Neighborhood Business District.
(2) 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]
B. Off-street parking and loading regulations for permitted uses. See Articles VII and VIII.
C. Height, area and bulk regulations. See Article IX.
D. Supplementary use regulations and conditionally permitted uses. See Article XI.
E. Supplementary height, area and bulk regulations. See Article IX.
F. Site development plan. Any and all 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. [Added 12-4-1991 by Ord. No. 91-ZC- 266]
G. 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.
[Amended 9-10-1990 by Ord. No. 90-ZC-242; 12-4-1991 by Ord. No. 91-ZC-266; 7-11-1995 by Ord. No. 95-ZC-8; 5-4-2004 by L.L. No. 12-2004]
A. Legislative findings and intent. Commercial and other water-dependent uses contribute significantly to the economic well-being of the Town, as well as to the quality of life of its residents. There is a limited amount of waterfront space suitable for commercial water-dependent uses. Once the limited and suitable shoreline space is lost to non-water-dependent uses, it is difficult to recover that space for important and appropriate water-dependent uses. The C-9 Harbor Use District is intended to reflect the policies and purposes of the Local Waterfront Revitalization Program as adopted by the Town Board. The intent of the C-9 Harbor Use District is to preserve and foster uses that are dependent upon a waterfront, or near water location, and to preserve and enhance the social, historic, aesthetic and environmental quality of Huntington Harbor and its environs.
B. Definitions. In addition to the definitions found in §§ 198-2, for the purposes of this section, the following terms shall have the meanings indicated herein, unless specifically indicated otherwise:
BULKHEAD -- A structure or wall that is positioned parallel to and contiguous with the shore, the purpose of which is to retain and protect the upland from erosion or loss.
LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP) -- The program of the Town of Huntington regarding local waterfront revitalization as adopted by the Town Board of the Town of Huntington, a copy of which shall be maintained in the office of the Town Clerk of the Town of Huntington for public review.
MARINA, COMMERCIAL -- A privately owned waterfront commercial enterprise that is primarily designed or used for the berthing and/or servicing of vessels engaged in service or commerce.
MARINA, MUNICIPAL -- A waterfront facility owned by the Town of Huntington that is primarily designed or used for the berthing of recreational vessels.
MARINA, PRIVATE RECREATIONAL -- A privately owned waterfront commercial enterprise which is primarily designed or used for the berthing and/or servicing of private recreational vessels.
MARITIME VISITORS CENTER -- An interpretive center for the presentation and dissemination of information regarding the historical, cultural and economic activities of the waterfront and the Town of Huntington where programs and exhibits can help educate visitors to Huntington Harbor and preserve the developmental process of waterfront and nautical history unique to the Town.
NEAR-WATER PROPERTY -- A lot or lots in the C-9 Harbor Use District that are not adjacent to the shoreline or continguous to Town of Huntington Board of Trustee underwater land or filled-in Town of Huntington Board of Trustee underwater land.
SHORELINE -- The area adjacent to the mean high water mark or line.
TOWN -- The Town Board of the Town of Huntington or the Board of Trustees or their successors as provided by law, or both, as the case may be.
WATERFRONT PROPERTY -- A lot or lots in the C-9 Harbor Use District located at or along the shoreline or contiguous to Town of Huntington Board of Trustee underwater lands or filled-in Town of Huntington Board of Trustee underwater lands.
WATER-DEPENDENT USE -- An activity that can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to the water body, and that involves, as an integral part of such activity, the use of the water.
YACHT OR BOAT CLUB -- A private club, as defined § 198-2 as "club, private," for the recreational, boating and societal activities, inclusive of a restaurant accessory thereto, of its members and guests.
C. Use regulations.
(1) Waterfront property. In the C-9 Harbor Use District, waterfront property shall only be used for the following purposes:
(a) Marine rescue or marine enforcement stations.
(b) Municipal parks, docks, marinas, or launching ramps.
(c) Commercial marinas, or private recreational marinas.
(d) Rental of watercraft and outboard engines, inclusive of the sale of bait and tackle, and the storage and maintenance of rental watercraft.
(e) Charter or party boat enterprises for fishing or sightseeing.
(f) Yacht or boating club.
(g) Sale, refitting, fitting-out, maintenance or repair of watercraft.
(h) Loading and unloading and sale of finfish, shellfish, crabs, or lobsters as well as seafood-
related food products.
(i) Aquarium or mariculture facilities or support facilities for mariculture activities.
(j) Accessory uses and structures, necessary to support water-dependent uses, including: docks; bulkheads; launching ramps; loading and off-loading areas; identification signs as regulated by Article XIV of this chapter; off-street parking not within ten (10) feet of the bulkhead; and overhead cranes and boat lifts.
(k) Maritime visitors center.
(l) Restaurants that are accessory and subordinate to any water-dependent use set forth in Subsection (1)(a) through (i) of this subsection, provided that such restaurants:
[1] Have a gross floor area and on-site dining area that does not exceed the gross floor area of the building and/or buildings used as the primary water-dependent use or uses;
[2] Do not exceed a gross floor area of four thousand (4,000) square feet, which limit shall include any square footage of rooftop dining authorized by this chapter;
[3] May only have outdoor or rooftop dining if authorized by a special use permit issued pursuant to §§ 198-68A(24) of the Code of the Town of Huntington, and, in addition, adheres to all other applicable special use permit requirements within the limits of the gross floor area of Items [1] and [2] of this subparagraph; and
[4] May use no more than fifteen percent (15%) of its gross floor area for a gift shop.
(m) Outdoor dining on filled-in Town of Huntington Board of Trustee underwater land may be permitted only on a temporary basis when accessory and subordinate to any water-dependent use set forth in Subsection (1)(a) through (i) of this subsection and as authorized pursuant to a license agreement with the Town of Huntington Board of Trustees. For the purposes of this subsection, "outdoor dining" shall mean the use of only portable tables and chairs.
(2) Near-water property. In the C-9 Harbor Use District, near-water property shall only be used for the following purposes:
(a) All uses permitted by § 198-30C(1)(a), (d), (g), (h).
(b) Existing fire, police, or ambulance stations, post offices.
(c) Museums, art galleries, municipal parks and visitors centers.
(d) Automobile parking lots as the principal use.
(e) Sales, construction, storage, and maintenance of watercraft, and/or retail sale of watercraft parts, products, and related accessories.
(f) Retail sale of bait and tackle, marine sporting goods, fishing equipment and/or diving equipment.
(g) Non-marine-related service facilities or retail stores limited to: antiques, art, bakeries, fruit and vegetable stores, delicatessens, food shops, butcher shops, banks, barber shops, beauty salons, tanning salons, bicycle shops, book shops, cameras and photography, cards and stationery, confectioneries (candy stores), shoe or clothing stores, crafts and hobbies, dry cleaning and laundry, flowers, gifts, hardware, lighting stores, health food, pets, and pharmacies, provided that no such establishment or retail store shall exceed three-thousand (3,000) square feet of gross floor area.
(h) Offices for professional and nonprofessional services, provided that no such office shall exceed two thousand (2,000) square feet of gross floor area per office unit.
(i) Restaurants, coffee shops, ice cream stores, involving the on-site consumption of food or beverages, limited to no more than three thousand (3,000) square feet of gross floor area; provided, however, that rooftop dining may only be authorized by a special use permit issued pursuant § 198-68A(24) of the Code of the Town of Huntington.
(j) Day-care centers, provided that all state and county regulations are complied with; and:
[1] Any outdoor play area is to be fenced, and no closer than five (5) feet to a property line nor ten (10) feet from a parking area; and
[2] An adequate drop-off/pick-up area (at the discretion of the Planning Board during site plan review) shall be provided; and
[3] Such center does not exceed three-thousand (3,000) square feet of gross floor area.
(k) Instructional facilities for maritime-related activities. Such facilities shall not exceed three-
thousand (3,000) square feet of gross floor area.
(3) Prohibited uses. The following uses are specifically prohibited within the C-9 Harbor Use District:
(a) Automotive body or repair shops and service stations.
(b) Public garage designed or used for equipping, repairing, renting, or storage of motor vehicles.
(c) Drive-through facilities as a primary or accessory use.
(d) New dwellings.
(e) Drive-in restaurants, taverns, bars, discotheques or night clubs.
D. Off-street parking and loading regulations for permitted uses. See Articles VII and VIII.
E. Height, area and bulk regulations. See Article IX. In addition, the following restrictions shall apply:
(a) The minimum interior side yard building setback on waterfront properties may be zero (0) feet, provided that the combination of the two (2) side yards shall not be less than twenty percent (20%) of the width of the property, or the height of the building, whichever is greater.
(b) The minimum interior side yard building setback on near-water properties may be zero (0) feet, provided that the combination of the two (2) side yards shall not be less than twenty (20) feet or twenty percent (20%) of the width of the property, whichever is greater.
(2) 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 feet (35).
(3) Fencing.
(a) Any solid wall greater than three (3) feet in height on a waterfront property shall be subject to the same side yard requirements as those for buildings set forth in §§ 198-30E(1).
(b) Any fence across the width of or any portion of the width of the property shall be constructed of materials so as to allow the fence to be of a see-through design.
(4) There shall be no parking of motor vehicles within ten (10) feet of the shoreline or bulkhead.
(5) The main building on a waterfront parcel shall be no closer than fifteen (15) feet from the shoreline or bulkhead.
(6) Accessory buildings shall be no closer than ten (10) feet from the shoreline or bulkhead.
(7) No outdoor rack storage facility for watercraft shall exceed a height of twenty-five (25) feet.
(8) 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.
F. Supplementary use regulations and conditionally permitted uses. See Article XI.
G. Supplementary height, area and bulk regulations. See Article IX.
H. Site development plan. Any and all building and site development plans, as well as a completed LWRP Consistency Assessment Form (CAF), 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. No building permit shall be issued until the plans have been approved by the Planning Board, and the Department of Maritime Services has determined that the project/use is consistent with the applicable policies and purposes of the applicable LWRP.
I. Security gates within the C-9 Harbor Use District.
(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 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.
(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.
**Webmasters Note: The previous section has been amended as per Local Law No. 12-2004.
