The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting health, safety, morals and general welfare in the Town of Huntington. They have been designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water supply, sewage disposal, schools, parks and other public requirements. They have been made with reasonable consideration,, among other things,. to the. character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Town.
**Webmasters Note: The previous section has been amended as per a supplement dated 9-25-
2002.
A. Word usage. Words used in the present tense include the future; words in the singular include the plural, and words in the plural include the singular. The word "building" includes the word "structure"; the word "shall" is mandatory; the word "lot" includes the word "plot." The word "chapter" when used herein shall mean this Chapter 198 of the Code of the Town of Huntington.
B. Definitions. For the purposes of this chapter, the following terms and words shall have the meanings indicated:
ACCESSORY BUILDING - A subordinate building, the use of which is clearly incidental to or customarily found in connection with the main building or principal use and which is located on the same lot as such main building or principal use. An accessory building shall not exceed the size of the main building.
ACCESSORY USE - A use which is clearly incidental to or customarily found in connection with and subordinate to the principal use of the premises and which is conducted on the same lot.
AMUSEMENT DEVICE - Any mechanical, electrical or electronic device upon which any game or contest of skill or amusement may be played upon payment of a fee, charge or other consideration, directly or indirectly, including but not limited to pinball machines, electronic or video games, air hockey machines and table bowling machines. [Added 9-28-1982 by Ord. No. 82-ZC-119]
APARTMENT - A part of a building containing cooking and housekeeping facilities, consisting of a room or suite of rooms intended, designed or used as a residence by an individual or single family.
APARTMENT HOTEL - A building arranged for or containing apartments with or without housekeeping facilities and which furnishes services ordinarily provided by hotels, such as maid, desk and laundry service, and may include a dining room with internal entrance, primarily for use of tenants of the building. An apartment hotel shall not include public banquet halls, ballrooms or meeting rooms.
AUTOMOTIVE REPAIR SHOP - An establishment in which the principal activity is the general servicing and repair of motor vehicles, including regular maintenance; sales, installation and replacement of parts and accessories; motor, transmission, chassis, rear and front end repair and overhaul; body and fender repair and, painting.
AUTOMOTIVE SERVICE STATION - An establishment in which the principal activity is the retail sale of gasoline, oil, grease and petroleum products and the motor vehicle servicing related to such sales. An automotive service station use shall be deemed to include the retail sale and installation of tires, tubes, lamps and ignition parts, batteries and other minor repairs. Servicing and repair activity shall not include motor, transmission or rear or front end overhauls, nor body and fender repair or painting.
BASEMENT - That space of a building that is partly below grade which has more than half its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building. [Amended 1-26-1999 by L.L. No. 2-1999]
BED-AND-BREAKFAST HOMESTAY - A building, originally built as, and which current principal use is as, a residence, converted into an establishment providing no more than two rooms within such a house, with separate or shared bathrooms, for the overnight accommodation of travelers. The only food service shall be breakfast for overnight guests only. [Added 6-10-1997 by L.L. No. 3-1997]
BOARDINGHOUSE - A dwelling where lodging, or lodging and meals, is or are provided for compensation for not more than five persons, with no individual cooking facilities and no accommodations for transient guests.
BUILDING - Any structure designed for the housing or enclosure of persons or property of any kind.
BUILDING AREA - The total of areas measured in a horizontal plane at the main grade level of the principal building and all accessory buildings.
BUILDING INSPECTOR -- The Director of the Department of Engineering Services, the Director of the Department of Public Safety, their designees, and any other official designated to administer and enforce the provisions of this Chapter. [Amended 2-6-1979 by Ord. No. 79-ZC-
91; 5-7-2002 by L.L. No. 13-2002; 4-19-2005 by L.L. No. 11-2005]
**Webmasters Note: The previous definition has been amended as per Local Law No. 11-
2005.
CELLAR - That space of a building that is partly or entirely below grade which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building. [Amended 1-26-1999 by L.L. No. 2-1999]
CLUB, PRIVATE - Buildings and facilities owned and operated by a membership corporation, association or fraternal order for the purpose of accommodating recreational, athletic, social, literary or similar activities. A private club shall not be operated primarily for profit nor regularly render services to the general public.
CONGREGATE-CARE, LIFE-CARE OR ASSISTED LIVING FACILITIES - Any residential development providing dwelling units for persons at least sixty-five (65) years old. In case . of a married couple, and when shared accommodations are offered, only one (1) of the spouses must be at least sixty-five (65) years old. To qualify, a project must include the following: [Added 1-26-1993 by Ord. No. 92-ZC-297; amended 3-3-1998 by L.L. No. 8-1998]
(1) An association with a fully licensed nursing home facility, which provides skilled care to residents requiring such services on a priority basis. A nursing facility may be a part of the project or the applicant may provide an agreement with a fully accredited/licensed nursing home to meet this requirement.
(2) Kitchen and dining room facilities offering at least one (1) common meal to all residents each day.
(3) A call-button monitoring system installed in each dwelling unit for emergency calls directly to supervisory staff on premises.
(4) Twenty-four-hour security for buildings and grounds.
(5) A medical history on file for each permanent resident, including a record of each resident's personal physician.
(6) Physical therapy facility staffed by fully licensed personnel, to be located on premises or, where the affiliated nursing home is on an adjacent site, the therapy facility can be shared on the adjoining property.
(7) On-premises, in-house sale and distribution of personal services and food items for residents of the facility.
(8) Indoor and outdoor recreational areas, with appropriate recreational programs supervised by qualified personnel.
(9) Library, educational and social facilities.
(10) Transportation for residents from the facility to shopping, medical, recreational and other major desired points of designation.
(11) A minimum dwelling unit size of 300 square feet of habitable floor area.
(12) A professional social worker, available on the premises during business hours a minimum of three (3) days per week, to assist residents.
**Webmasters Note: The previous sections, 198-1 through the previous definition of 198-2, have been amended as per a supplement dated 7-15-2002.
CONVALESCENT HOME - A place where people with illness from disease or accident recuperate (get well and/or grow strong). Although physical and occupational therapy may take place, this is not like a hospital, in that other than routine procedures, medicine is not the main practice in a convalescent home. [Added 3-3-1998 by L.L. No. 8-1998]
COURT - An open space which may or may not have direct street access and around three (3) or more sides of which is arranged a single building or a group of related buildings.
DAIRY - An agricultural activity in which cattle are kept or raised for the production of milk and milk products and/or the processing and bottling of milk or milk products. The bottling of fruit juices, fruit drinks and water shall be allowed only when incidental to the primary activity of pasteurizing and bottling milk and milk products. No bottling of other types of beverages of any nature, including but not limited to carbonated or alcoholic beverages, shall be permitted. [Amended 11-27-1973 by Ord. No. 73-ZC-49]
DRIVE-IN RESTAURANT - A retail food dispensing or eating establishment where food or drinks are served mainly in disposable containers, or where patrons are permitted to park cars on the premises for the purpose of being served or sold food or drinks therein or for the purpose of consuming food or drinks outside the building but on the premises, or where the patron may approach the building for the purpose of transacting the purchase of foodstuffs or drinks of any kind without leaving the vehicle, or combination of the foregoing types whether or not there are eating counters or tables inside or outside the building. [Amended 9-26-1972 by Ord. No. 72ZC-38]
DWELLING, MULTIPLE-FAMILY - A building or group of buildings designed for or occupied exclusively by three (3) or more families living independently of each other.
DWELLING, SINGLE-FAMILY - A building designed for use or occupied exclusively by one (1) family.
DWELLING, TWO-FAMILY - A building designed for or occupied exclusively by two (2) families living independently of each other.
DWELLING UNIT - A room or group of rooms occupied or intended to be occupied as separate living quarters by a family.
FAMILY [Amended 4-19-2005 by L.L. No. 10-2005] --
(1) One of the following:
(a) One (1), two (2) or three (3) persons occupying a single dwelling unit; or
(b) Four (4) or more persons occupying a single dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.
(2) It shall be presumptive evidence that four (4) or more persons living in a single non-profit dwelling unit who are not related by blood, marriage or legal adoption or legal foster relationship do not constitute the functional equivalent of a traditional family.
(3) In determining whether individuals are living together as the fractional equivalent of a traditional family, the following criteria shall be present:
(a) The group is one which in theory, size, appearance, structure and function resembles a traditional family unit;
(b) The occupants must share the entire dwelling unit and live and cook together as a single non-
profit housekeeping unit. A unit in which various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family;
(c) The group shares expenses for food, rent or ownership costs, utilities, and other household expenses;
(d) The group is permanent and stable. Evidence of such permanence and stability include, but are not limited to:
[1] Members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration and filing of taxes;
[2] Members of the household are employed in the area;
[3] The household has been living together as a unit for a year or more whether in the current dwelling units or other dwelling units;
[4] There is common ownership of furniture and appliances among the members of the household; and
[5] The group is not transient or temporary in nature;
(e) Any other factor reasonably related to whether or not the group is the functional equivalent of a family.
**Webmasters Note: The previous definition has been amended as per Local Law No. 10-
2005.
FARM - The use of land or buildings either as a principal or accessory activity for the production of vegetative crops, such as but not limited to grains, field crops, market garden crops, fruits, sod and fiber plants, and in which the maintenance or keeping of poultry or farm animals is accessory and incidental to the use of the premises for agricultural or residential purposes. For the purposes of this chapter, a farm shall not include any plant or other facility for the processing of any product, except as necessary to crate, package or prepare the raw products grown on the premises for market. Farming shall not include the commercial raising of dogs, cats, fur-bearing animals or dairy cattle. For the purposes of this chapter, the operation of greenhouses shall not be considered as farming.
FLOOR AREA, GROSS :
(1) Commercial, business and industrial buildings or buildings containing mixed uses. The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings, but not including attic space providing headroom of less than seven (7) feet or cellar space used for utility installation or for storage, except that the area of cellar space occupied by a minor accessory use such as an employee lounge, day-care center or gym facility shall not be included in the calculation where none such use, combined or individually, occupies area totaling more than five percent (5%) of the gross floor area of all the other floors and where the use shall be limited to the building's employees only. Included in the calculation for gross floor area shall be any and all outside areas used for public assembly accessory to the primary use of the building. [Amended 8-21-1990 by Ord. No. 90-ZC-240]
(2) Residential buildings. The gross horizontal area of the several floors of a dwelling, exclusive of garages, basements, cellars and open porches, measured from the exterior walls.
FOOD SHOP - Any retail establishment that has parking at the rate of one (1) space per two hundred (200) square feet of gross floor area and whose function is to provide prepared food for public consumption, including but not limited to sandwiches, soups, salads, pizza, bagels, donuts, ice cream, shakes, yogurt, fish or other foods, as well as prepackaged foodstuffs; and which provides customer seating at tables or counters for the on-premises consumption of food or beverages for no more than 15 patrons, as long as alcoholic beverages are not consumed on premises. Premises providing seating for more than 15 patrons shall be considered to be restaurants, taverns or bars. Food shops shall not provide outside seating or dining without first obtaining a special use permit pursuant to §198-68A(24). Food shops within 300 feet of a municipal parking facility shall be exempt from additional parking requirements, unless located in a shopping center. [Added 12-15-1992 by Ord. No. 92-ZC-291]
FULLY CONFORMING LOT(S) -- A lot or lots on a subdivision map that meets all of the requirements of the Town Code and Planning Board's "Subdivision Regulations and Site Improvement Specifications," including but not limited to lot area, side, rear and front yard setbacks, as well as lot width at the setback. [Added 10-15-2002 by L. L. No. 54-2002]
**Webmasters Note: The previous definition has been added as per Local Law No. 54-2002.
GAME CENTER - A premises, or portion thereof, used or intended to be used for the operation of more than three (3) amusement devices. [Added 9-28-1982 by Ord. No. 82-ZC-119]
GAME ROOM - A portion of a premises used or intended to be used for the operation of not more than three (3) amusement devices, supplementary and subordinate to the permitted principal use of the premises therein. [Added 9-28-1982 by Ord. No. 82ZC-119]
GARAGE, PRIVATE - An accessory building or part of a building designed or used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory. In any residence district, garage space for three (3) motor vehicles may be provided for a one-family or two-family dwelling. In any residence district, a detached garage shall be one story and have only one floor level, shall provide not more than three hundred (300) square feet for each motor vehicle accommodated and shall not exceed the gross floor area of a permitted accessory building. A residential detached garage may provide space for storage on the same floor. [Amended 1-26-1999 by L.L. No. 2-1999]
GARAGE, PUBLIC - A building or portion thereof, other than a private garage, designed or used for equipping, repairing renting, parking or storing motor vehicles.
GRADE - The elevation from which the height of a building or structure is measured.
(1) For buildings having a wall or walls facing one (1) street only, the elevation of the curb or crown of the roadway at the center of the wall facing the street.
(2) For buildings having a wall or walls facing more than one (1) street, the average elevation of the curb or crown of the roadway at the centers of all walls facing the streets.
(3) For buildings having no wall facing a street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. Any wall located within 100 feet of a street line shall be considered as facing the street.
(4) In any case where the proposed finished ground elevation between a wall of the building and any street bounding the lot differs by more than 10 feet from the natural grade, the height of the building shall be measured from such natural grade at the center of such wall.
HEIGHT OF BUILDING - The vertical distance measured from grade as follows: to the highest point of a flat roof; to the mean point between the plate line and ridge for gable and hip roofs; or to the mean point between the purlin and ridge for gambrel and mansard roofs. In connection with an urban renewal plan for all or part of an urban renewal area which has been designated as such under the provisions of Article 15 of the General Municipal Law, the Town Board may approve a plan providing for the height of a building to be measured from a point 16 feet above grade wherever automobile parking is provided on grade level within that building. [Amended 12-30-1969 by Ord. No. 69ZC-2; 1-26-1999 by L.L. No. 2-1999]
HOME OCCUPATION - Any occupation or activity which is clearly accessory and incidental to the use of the premises for dwelling purposes as the principal place of abode of the practitioner and which is carried on wholly within a building by one (1) or more members of the family residing on the premises, and in connection with which there is no advertising other than an identification sign and no other display or exterior storage of materials or variation from the residential character of the building. Not more than two (2) persons outside the family shall be employed, and no equipment shall be used which creates offensive noise, vibration, smoke, dust, odors, heat, glare or electronic interference.
(1) When, within the above requirements, a home occupation includes but is not limited to the following: an artist's studio, but not including an art gallery; dressmaking; a professional office of a physician, dentist, lawyer, architect, engineer, accountant or other similar occupation deemed similar by the Zoning Board by reason of education, training and experience; and teaching, with musical instruction limited to one (1) or two (2) pupils at a time.
(2) A "home occupation" shall not be interpreted to include barbershops, beauty parlors, except as provided in Article XI, or restaurants.
(3) A "home occupation" shall not use more than 50% of the main floor area of the principal building.
(4) A "home occupation" shall not be interpreted to include animal clinics, professional offices of a veterinarian or the practice of veterinary medicine. [Added 3-9-1971 by Ord. No. 71-ZC-11]
HOSPICE - A facility designed to give palliative care to terminally ill persons. [Added 7-2-2002 by L.L. No. 24-2002]
HOTEL - A building in which lodging, or boarding and lodging, is or are provided for persons primarily transient and offered to the public for compensation, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. A "hotel" may include an accessory restaurant or coffee shop or other facilities primarily for the service of tenants.
KENNEL - A use or building in which the principal activity is the keeping, raising, breeding or boarding of dogs or cats or of other animals which may be considered household pets. For the purposes of this chapter, any such activity, excluding boarding, shall not be considered a "kennel" where accessory to a principal residential use, provided that not more than four animals exceeding six months of age are kept.
LIGHT INDUSTRY - The manufacture, assembly, compounding, processing or packaging of goods or products from raw materials refined elsewhere, in which the goods produced are generally of high value in relation to bulk and which does not generate offensive noise, vibration, glare, dust, smoke, gas or other effluent.
LOADING SPACE OR LOADING BERTH - A space within the main building or on the same lot providing for the standing, loading or unloading of trucks. See § 198-53, Design standards. [Amended 6-6-1995 by Ord. No. 95-ZC-194]
LODGER -- A transient other than a hotel, motel or bed and breakfast guest, who has mere use without actual or exclusive possession to sleep temporarily within a property for compensation. [Added 4-19-2005 by L.L. No. 10-2005]
**Webmasters Note: The previous definition has been added as per Local Law No. 10-2005.
LODGING HOUSE -- A property and/or the structures upon it, other than a hotel, motel or bed and breakfast, within which lodgers are provided space for sleeping, for compensation. [Added 4-19-2005 by L.L. No. 10-2005]
**Webmasters Note: The previous definition has been added as per Local Law No. 10-2005.
LOT - A parcel of land, which may include one or more platted lots, occupied or intended for occupancy by a use permitted in this chapter, including one main building, together with its accessory buildings, the yard areas and parking spaces required by this chapter, and having its principal frontage upon a public street or other way which provides safe and adequate access.
LOT AREA - The total horizontal area within the exterior lines of the lot to be used for a building and its accessories. Required "lot area" in any district shall not include any part of a street right-of-way.
LOT, CORNER - A lot abutting on two or more streets at their intersection.
LOT DEPTH - The distance from the front street line to the rear lot line, measured perpendicular to the front street line from its midpoint. Where the front street line is curvilinear, the "lot depth" shall be measured perpendicular to its chord from the midpoint of its arc. In the case of triangular lots where there is no rear lot line, such rear lot line shall be established perpendicular to the line of measurement of "lot depth" and shall not be less than 10 feet in length.
LOT FRONTAGE -- The distance along which the front boundary of the lot and the street line are coincident (where the property line and the public right-of-way meet) . On a corner lot or a through lot the principal frontage shall be the shorter of the street frontages, measured from the point of intersection of the lot lines abutting such streets or the projection of such lot lines to a point of intersection in appropriate cases. [Amended 10-15-2002 by L. L. No. 54-2002]
**Webmasters Note: The previous definition has been amended as per Local Law No. 54-
2002.
LOT, INTERIOR - A lot whose side line or lines do not abut on any street.
LOT LINE CHANGE -- Where the lot line between adjacent parcels of land, which are or are not developed but are "fully conforming," is moved by action of the Planing Board. In no case shall a lot line change result in more lots than the original number, nor may this process cure or create any nonconformities in any of the lots in question. The procedure to change a lot line is hereby unauthorized, if the change creates or intensifies any nonconformity in such a way as to violate any regulation promulgated pursuant to this article and/or the Planning Board's Subdivision Regulations and Site Improvement Specifications. A lot line change should result in lots that are generally better configured than the original and/or solves property line questions. [Added 10-15-2002 by L. L. No. 54-2002]
**Webmasters Note: The previous definition has been added as per Local Law No. 54-2002.
LOT, THROUGH -- An interior lot having frontages on two (2) streets, in which case both frontages must meet the frontage, setback and lot width requirements for the district in which the lot is being created. [Added 10-15-2002 by L. L. No. 54-2002]
**Webmasters Note: The previous definition has been amended as per Local Law No. 54-
2002.
LOT WIDTH - The minimum width of the lot measured perpendicular to the depth of the lot at the minimum zoning setback line established for the district.
MARINA - A boat basin or pier, or series of piers or floats, with facilities for berthing, launching and securing privately owned recreational craft.
**Webmasters Note: The previous definitions, Home Occupation through Marina, have been amended as per a supplement dated 9-25-2002.
MOTEL, MOTOR COURT, MOTOR HOTEL, MOTOR LODGE - Same as hotel, except that the building or buildings are designed to provide only rental accommodations to serve transient persons traveling by automobile and that parking facilities adequate to serve all rentable units are provided on-site.
MUNICIPAL USE - A use or faci1ity operated for the benefit of the public by the town or by a public district within the town, which derives all or part of its revenues from local property assessment.
NONCONFORMING USE - Any building, structure or use of land lawfully existing at the time of enactment of this chapter or any amendment thereto which does not conform to the zoning regulations of the district in which it is located by reason of the enactment of this chapter or subsequent amendment or because of alteration in street alignment.
NURSERY - An agricultural enterprise wherein trees or shrubs or other ornamental plants are field-grown for profit. A greenhouse shall not be part of a nursery enterprise except where accessory and subordinate to the principal activity of growing stock out of doors, and used principally for the propagation of such stock- Any greenhouse wherein flowers are offered for sale at retail to the public shall be considered a commercial enterprise.
OUTDOOR DINING ON THE TOWN'S RIGHT-OF-WAY, TEMPORARY [Added 5-19-1998 by L.L. No. 22-1998] - Notwithstanding any other section of this Town Code and at the discretion of the Director of Engineering Services, a temporary permit may be issued to use the town's right-of-way (sidewalk) for outdoor dining, as part of a restaurant, delicatessen or other eating establishment for the consumption of food and beverage, provided that:
(1) As part of any approval granted under this subsection, to ensure public safety and the maintenance of the character and value of property in the neighborhood, the Director of Engineering Services shall consider and may impose any special requirements for the control of traffic, noise, lighting, littering or hours of operation which are found necessary for the protection of surrounding properties.
(2) The applicant for a temporary permit for outdoor dining shall submit a fee of two hundred dollars ($200.) along with a sketch showing the number of tables and chairs and approximate area and proposed seating plan that shows where the outdoor dining will be located (on the town's right-of-way).
(a) The permit shall be issued for a period beginning June 1 and ending September 30 for the current year only and is renewable each year.
(b) Any violation of any condition either imposed by the permitting agency or in this Code shall be cause for revocation of the permit for outdoor dining (e.g., the outdoor dining may not be located in an area of required parking, setbacks, buffers or any area designated by any board of the town for some other use).
(3) This permit allows outdoor dining only on the Town of Huntington's right-of-way (sidewalk), and chairs and tables shall not obstruct the passage of at least two (2) individuals walking side-by-side along that sidewalk.
(4) Three (3) occurrences of any one (1) or a combination of the following- rowdy behavior, blocking the passage of pedestrians or littering, as observed and cited by town inspectors or Police Department personnel, shall be cause for revocation of the permit.
(5) If the outdoor dining shall be located on the Town's right-of-way (sidewalk), then the applicant for the permit shall submit a certificate of insurance, along with the application, naming the Town of Huntington as an additional named insured. A certificate of insurance evidencing such coverage and providing proof that the Town of Huntington is an additional insured shall be provided by the applicant to the Huntington Director of Engineering Services before the granting of the requested permit. Said coverage shall remain in full force and effect for the term of the permit.
(6) As a condition of the granting of the temporary outdoor dining permit, the applicant agrees to indemnify and hold the Town of Huntington, its agents, servants and/or employees harmless from and against all claims, including reasonable attorney fees and liability for property damage and/or personal injury, including death, arising out of or in connection with the applicant's use and occupancy of the Town's right-of-way as contemplated by the permit herein described.
(7) The applicant shall not install any permanent obstructions or barriers on the Town's right-of-way.
(8) The building in which the restaurant is located shall have a certificate of occupancy (permitted use) for the current establishment before applying for the temporary outdoor dining permit.
PARKING SPACE - A surfaced area, enclosed in a building or unenclosed, having an area of not less than three hundred fifty (350) square feet, including driveways, designed for the temporary storage of one automobile and connected with a street by an all-weather surfaced driveway which affords satisfactory ingress and egress.
PARKING STRUCTURE - A building which houses or encloses motor vehicles which are the personal property of the persons visiting a site. A parking structure must meet all of the height and setback requirements of the primary structure for the zoning classification in which the subject property is located, unless otherwise stated. Each level in a building constructed to be a parking structure that has a floor and ceiling or floor above, including the level at grade, shall be considered a story. [Added 6-11-1996 by L.L. No. 9-1996]
PARKING STRUCTURE COVERAGE - That area of a site which is covered, by a structure for the parking of motor vehicles. [Added 2-9-1993 by Ord. No. 92-ZC-292]
PLANNED INDUSTRIAL PARK - Any land or plot in an industrial district intended for development as a unified project to accommodate three or more principal buildings, in which sites, together with buildings thereon, are to be offered for sale or lease and which requires the installation of a new street.
PLANNING BOARD - The Huntington Town Planning Board as established pursuant to § 271 of the Town Law and § 10 of the Municipal Home Rule Law. [Amended 5-7-2002 by L.L. No. 13-2002]
PORCH - A roofed structure, providing shelter at the entrance of a building, without screens or windows. [Added 1-26-1999 by L.L. No. 2-1999]
PREMISES - A lot, together with all buildings and structures thereon.
PRINCIPAL FRONTAGE -- For the purpose of this chapter, "principal frontage" shall also mean access. Access to a lot shall be through the principal frontage (see "street" below) or in the case of a through lot, the frontage with the shorter dimension shall provide the primary access. Secondary access may be provided, at the discretion of the approving agency, by way of any frontage other than the "principal frontage. " Where the "principal frontage" is on a residential street, the approving Board has the option to waive the requirement for primary access. [Added 10-15-2002 by L. L. No. 54-2002]
**Webmasters Note: The previous definition has been added as per Local Law No. 54-2002.
RELIGIOUS INSTITUTION - Includes an incorporated or unincorporated church, synagogue, temple, chapel, mosque and/or other house of worship, as defined in the applicable provisions of the Religious Corporations Law, including subsequent changes or amendments thereto and/or its successor. [Added 1-25-2000 by L.L. No. 1-2000]
RESTAURANT : [Added 6-25-1991 by Ord. No. 91-ZC-259]
(1) A commercial establishment open to the general public for the preparation, service and consumption of food on the premises which must provide, at all times when open to the public:
(a) Kitchen facilities for food service; and
(b) Seating with tables and chairs, excluding bar stools or counter service, for ninety percent (90%) of the persons who may lawfully occupy the premises.
(2) A bar, tavern, nightclub or other establishment for the on-premises consumption of food or alcoholic beverages which does not provide both requirements of Subsection B(1)(a) and (b) above shall not be considered to be a 'restaurant' for any purpose within this article.
**Webmasters Note: The previous definitions, Outdoor Dining on the Towns Right-of-Way, Temporary through Restaurant, have been amended as per a supplement dated 7-15-2002.
ROOF -- The covering of the top of a building, serving to protect against the elements such as rain, snow, sunlight, wind and the extremes of temperature. [Added 7-5-2005 by L.L. No. 26-
2005]
**Webmasters Note: The previous definition has been added as per Local Law No. 26-2005.
SATELLITE DISH ANTENNA - A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as "satellite earth stations" "TVRO's," and "satellite microwave antennas." These antennas are permitted as accessory to a permitted use, subject to the requirements set forth for them in §198-59 of the Building Zone Ordinance. In instances where the satellite dish antenna is a principal use and in instances where the satellite dish antenna is a video transmitting antenna, any application for the use requires a special use permit from the Zoning Board of Appeals pursuant to §§198-66, 198-67 and 198-68A(6). [Added 8-21-1990 by Ord. No. 90-CE-I]
SCREENING (BUFFER STRIP) - A strip of land running the length of a lot hue or part thereof in which is planted shrubs or trees which will form a dense year-round growth designed to protect adjoining properties. Alternatively, "screening may be a solid wall or barrier of wood, concrete, brick or other material or a combination of fencing and planting. Screening shall not be less than six (6) feet in height.
SELF-SERVICE STORAGE FACILITY (OR MINI STORAGE) - A structure containing separate storage spaces of varying sizes leased or rented as individual units, limited to dead storage, except that one (1) accessory apartment, for use as manager's quarters and leasing office, shall be permitted as a customary accessory use. The storage of radioactive materials, explosives or other flammable or hazardous materials is prohibited. All other business activity, other than the rental of storage units, is prohibited, as is the servicing or repair of vehicles, boats, trailers, lawnmowers or any similar equipment. AU such facilities shall have rental contracts including clauses prohibiting such activities. Such facilities may only be allowed as a conditionally permitted use and only in the I-3, I-4, I-5, C-6 and C-7 districts pursuant to §§198-66 and 198- 68A(27). [Added 5-11-1999 by L.L. No. 11-1999]
SIGN - Any structure or part thereof, or any device or group of letters attached to, painted on or represented on a building, fence or other structure on or in a window or temporarily or permanently on a vehicle or trailer, upon which is displayed or included any letter, symbol, trademark, model, banner, flag, pennant, insignia, decoration, device or representation used as or which is in the nature of an announcement, direction, advertisement or other attention-directing device. A "sign" does not include the flag or pennant or insignia of any nation or association of nations or of any state, city or other political unit or of any charitable, educational, philanthropic, civic or religious organization. [Amended 4-7-1981 by Ord. No. 81-80-ZC-95]
SIGN AREA - That area within a line including the outer extremities of all letters, figures, characters and delineations or within a line including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background, whether it is columns, a pylon or a building or a part thereof, shall not be included in the sign area. [Amended 4-7-1981 by Ord. No. 81-80-ZC-95]
SIGN, AWNING -- A sign that is attached to, affixed to. or painted on an awning or canopy. [Added 5-10-2005 by L.L. No. 18-2005]
SIGN, BALLOON -- One or more balloons used as a permanent or temporary sign or as a means of directing attention to any item, product, event, attraction, business, trade, entertainment or service sold, offered, performed or manufactured. [Added 5-10-2005 by L.L. No. 18-2005]
SIGN, BANNER -- A sign with or without characters, letters, illustrations, copy or ornamentations applied to cloth, paper, flexible plastic, or fabric of any kind with only such material for backing. [Added 5-10-2005 by L.L. No. 18-2005]
SIGN, BILLBOARD -- An outdoor advertising sign commonly characterized as a large, immobile, fixed structure attached to the ground or other structure. [Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]
SIGN, CHANGEABLE COPY -- A sign which is designed to display copy which may be changed or altered one symbol, image or letter, or groups of symbols, images or letters, at a time by hand or by electronic means. [Added 5-10-2005 by L.L. No. 18-2005]
SIGN, CONSTRUCTION/DEVELOPMENT -- A temporary sign providing information about future development or current construction on site and which may identify the parties involved in the project. For the purpose of this Article, such signs shall be deemed "temporary signs." [Added 5-10-2005 by L.L. No. 18-2005]
SIGN COPY -- Letters, numbers, text, symbols, designs, graphics, images or other pictorial matter on a sign which is intended to inform, direct or otherwise transmit information. [Added 5-
SIGN, DIRECTIONAL -- Any on-premises sign that includes information assisting in the flow of pedestrian or vehicular traffic such as "ENTER," "EXIT," and "ONE WAY." [Amended 4-7-1981 by Ord. No. 81-80-ZC-95; added 5-10-2005 by L.L. No. 18-2005]
SIGN, DIRECTLY ILLUMINATED -- A sign which gives forth artificial light directly or through a transparent or translucent material from a source of light connected to the sign or part of the sign structure or assemblage. [Amended 5-10-2005 by L.L. No. 18-2005]
**Webmasters Note: The previous definitions, Sign, Awning through Sign, Directly Illuminated, have been amended as per Local Law No. 18-2005.
SIGN, DIRECTORY - A sign on which are listed the names of two (2) or more persons or agencies in a place or location common to all. [Amended 4-7-81 by Ord. No. 8180-ZC-95]
SIGN, FACIAL -- A sign affixed to the wall of a building, and where the face of the sign does not extend more than eighteen (18) inches beyond such wall at any point of measurement. [Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]
SIGN, FLASHING -- A sign lighted on an intermittent or flashing circuit such as blinking, flaring or changing in degree of intensity or color. Any revolving illuminated sign or revolving luminary device shall be considered a "flashing sign." [Amended 4-7-1981 by Ord. No. 81-80-
ZC-95; 5-10-2005 by L.L. No. 18-2005]
SIGN, FREESTANDING -- An on-premises sign featuring a single or double-sided sign face, that is attached or mounted to, erected on, or supported by some means other than by attachment to a building (such as a pole, stake, mast, frame, wall, fence or other apparatus). [Added 8-5-
1975 by Ord. No. 75-ZC-57; amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]
SIGN, HOME OCCUPATION -- A sign containing the name and the occupation of a permitted home occupation. [Added 5-10-2005 by L.L. No. 18-2005]
**Webmasters Note: The previous definitions, Sign, Facial through Sign, Home Occupation, have been amended as per Local Law No. 18-2005.
SIGN, IDENTIFICATION - A sign which identifies a business, industry, service or attraction conducted upon the lot on which the sign is displayed, or which attracts attention to a commodity sold or displayed upon the lot or premises. [Amended 4-7-81 by Ord. No. 81-80-ZC-95]
SIGN, ILLUMINATED -- Any sign which is illuminated by an artificial light source that is attached to the sign assemblage or that is detached from the structure and directed upon the sign. The entire background area that is illuminated shall be included in the calculation of the allowable sign area. [Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-
2005]
SIGN, INDIRECTLY ILLUMINATED -- A sign illuminated by a source of artificial light which is detached from the sign structure and directed upon the sign. [Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]
SIGN, INTERIOR -- Any sign that is affixed to, posted or painted on the interior or exterior of a window or glass door or placed behind a window pane or glass door so as to attract the attention of or be visible to persons outside the building. [Amended 4-7-1981 by Ord. No. 81-80-
ZC-95; 5-10-2005 by L.L. No. 18-2005]
SIGN, MARQUEE -- A permanent sign, designed with or without changeable copy, which extends from part of a wall of a building and is not supported by the ground in any manner. [Added 5-10-2005 by L.L. No. 18-2005]
SIGN, MOBILE -- A sign attached to, mounted, pasted, painted, or drawn on any vehicle, whether motorized or drawn, that is placed, parked, or maintained at one location to announce, inform, advertise, promote or draw attention to an item, product, event, attraction, service, or trade, or to convey a message of any kind. [Added 5-10-2005 by L.L. No. 18-2005]
**Webmasters Note: The previous definitions, Sign, Illuminated through Sign, Mobile, have been amended as per Local Law No. 18-2005
SIGN, MONUMENT - A freestanding identification sign erected upon a masonry base and not supported by columns, girders or other structural elements. A "monument sign" shall be constructed of material similar in nature or complementary to the building which it identifies and may contain letters, numbers, trademarks and logos. A "monument sign" shall not be greater than six (6) feet in height above grade, nor more than sixty (60) square feet in area. No "monument sign" shall be located within ten (10) feet of a street line. [Added 1-26-82 by Ord. No. 82-ZC-108]
SIGN, MOVABLE COPY -- A sign containing light or copy which is electronically produced and moves or travels across any portion of the face of the sign. [Added 5-10-2005 by L.L. No. 18-2005]
SIGN, NEON -- A sign, or portion thereof, containing vacuum-tight glass tubing filled with neon, argon or other similar substance, which is bent to form letters, symbols or other shapes, and where the tubing is affixed or placed on the face of the sign. [Added 5-10-2005 by L.L. No. 18-2005]
SIGN, OFF-PREMISES ADVERTISING -- A sign which announces, informs, advertises, refers to or draws attention to any item, product, event, attraction, business, trade, entertainment or service not sold, offered, performed or manufactured on-site or connected to the use of the building or property where the sign is located. [Added 5-10-2005 by L.L. No. 18-2005]
SIGN, PORTABLE -- A sign whose principal supporting structure is intended by design or construction, to be rested upon the ground for support and may be easily moved or relocated for reuse. Portable signs shall include, but shall not be limited to, signs mounted upon a trailer, bench, wheeled carrier, or other non-motorized mobile structure with or without wheels. [Added 5-10-2005 by L.L. No. 18-2005]
SIGN, PROJECTING -- Any sign which is attached to a building, whether by brace(s), bracket(s) or other connecting device(s), and the sign is not parallel to the face or wall of the building or structure, and the face of the sign extends more than eighteen (18) inches beyond the building at any point of measurement therefrom. [Added 8-5-1975 by Ord. No. 75-ZC-57; amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]
SIGN, PUBLIC INFORMATION -- A sign usually erected or maintained by a municipality or public agency, that provides the public with information and in no way relates to a commercial activity, including but not limited to, speed limit signs, stop signs, city limit signs, street name signs, and directional signs. [Added 5-10-2005 by L.L. No. 18-2005]
SIGN, REAL ESTATE -- A sign advertising the sale, lease or rental of any portion of the building(s) or property on which the sign is located, or announcing that same has been sold. [Added 5-10-2005 by L.L. No. 18-2005]
SIGN, SANDWICH -- A sign constructed in such a manner as to form an "A" or a tent-like shape, hinged or not hinged at the top. [Added 5-10-2005 by L.L. No. 18-2005]
SIGN, TEMPORARY -- A sign designed or displayed to announce or draw attention to a seasonal or brief activity, including but not limited to, sales, specials, promotions, holidays, auctions, special business events, liquidation sales, going-out-of-business sales, fire sales and grand openings. Symbols, balloons, twirlers, pennants, flags, streamers, air filled figures and other similar items shall be considered temporary signs. For the purpose of this article, temporary signs shall also include construction/development signs. [Added 5-10-2005 by L.L. No. 18-2005]
SIGN, VISUAL IMAGE -- A screen, receptor, monitor or television on which moving images or film is shown to inform the public, or to announce, advertise or draw attention to a product, item, event, attraction, trade or service, and is placed behind a window pane or outside of a building or structure so as to attract the attention of the public or be visible from a public place. [Added 5-10-2005 by L.L. No. 18-2005]
SIGN, VEHICULAR -- Any letter, group of letters, words or copy which forms or is used as an announcement, advertisement or other attention-directing device, placed, painted, affixed, annexed or attached, upon a motor vehicle, trailer or other vehicle commonly used for transportation, travel or delivery, whether or not such motor vehicle, vehicle or trailer is operable or registered. It is the intention of the Town Board to prevent attempts to circumvent the freestanding sign restrictions of this Article by utilizing vehicles as substitutes for permitted freestanding signs. [Added 4-7-1981 by Ord. No. 81-80-ZC-95; amended 5-10-2005 by L.L. No. 18-2005]
**Webmasters Note: The previous definitions, Sign, Movable Copy through Sign, Vehicular, have been amended as per Local Law No. 18-2005
STORY - That portion of a building which is between one floor level and the next higher floor level or the roof [Amended 1-26-1999 by L.L. No. 2-1999]
STREET - A public or private thoroughfare which affords the principal means of access to abutting property.
STREET LINE -- A dividing line between a lot, tract or parcel of land and a contiguous street. For the purposes of this chapter, a street line shall also be referred to as a right-of-way line and include the line where the property line and the right-of-way line are coincident. [Amended 10-15-2002 by L. L. No. 54-2002]
**Webmasters Note: The previous definition has been amended as per Local Law No. 54-
2002.
STREET, MAJOR - Any public thoroughfare existing or proposed which has been designated as a major street on a plan officially adopted by the town or an agency thereof having jurisdiction over such matters. For the purposes of this chapter, any thoroughfare or part thereof which has been designated as a state or county road shall be considered as a major street.
STRUCTURAL ALTERATIONS - Any change in the supporting members of a building, including but not limited to bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
STRUCTURE - Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground, including advertising signs. For the purposes of this chapter, a "structure" shall not include a fence not more than six (6) feet in height.
THROUGH LOT -- See "lot, through. " [Added 10-15-2002 by L. L. No. 54-2002]
**Webmasters Note: The previous definition has been added as per Local Law No. 54-2002.
USE - The purpose for which land or any building or structure thereon is designed, erected, arranged or intended for use or for which it is or may be occupied or maintained. [Amended 5-7-2002 by L.L. No. 13-2002]
YARD - An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.
YARD, FRONT - A yard across the full width of the lot, extending from the front line of the building to the front street line of the lot.
YARD, REAR - A yard extending the full width of the lot between a principal building and the rear lot line.
YARD, SIDE - A yard between the main building and the adjacent side of the lot and extending from the front yard to the rear yard thereof.
ZONING BOARD - The Zoning Board of Appeals of the Town of Huntington as established pursuant to § 267 of the Town Law and § 10 of the Municipal Home Rule Law. [Amended 5-7-2002 by L.L. No. 13-2002]
