A. The conditional uses listed in this Article possess characteristics of a nature such as to require special review and the application of special standards before locating in districts where they are not permitted by right, in order to assure an orderly and harmonious arrangement of land uses in the district and in the community. Such uses may be permitted conditionally by the Board of Appeals or the Town Board, as specified, after public hearing. A conditional use shall be authorized by a special use permit, and before such permit is issued, the appropriate Board shall find that the proposed use:
(1) Will be properly located in regard to transportation, water supply, waste disposal, fire protection and other facilities.
(2) Will not create undue traffic congestion or traffic hazard.
(3) Will not adversely affect the value of property, character of the neighborhood or the pattern of development.
(4) Will encourage an appropriate use of land consistent with the needs of the town.
(5) Will not impair the public health or safety and will be reasonably necessary for the public health or general welfare and interest.
B. Before any special use permit is issued, the appropriate Board shall determine that all applicable requirements of this chapter have been met and may impose any additional requirements to assure that the proposed use will be in harmony with the character of the district and will not materially impair the use or value of adjacent properties. Before imposing such conditions, the Board shall consider the following
(1) Location and intensity of use.
(2) Location and height of buildings.
(3) Traffic access and circulation.
(4) Location and extent of parking and loading areas.
(5) Location, extent and types of exterior artificial lighting devices and advertising devices.
(6) Landscaping, screening and fencing.
(7) Probable extent of noise, vibration, smoke, dust or other adverse influence as compared to similar influences incident to unconditionally permitted uses in the district.
C. The Board may impose a limit on hours of operation upon a finding that such limit is necessary to the conditions set forth in this section.
D. Conditions. See §198-111 for conditions that may be imposed.
E. Violation(s) of any of the conditions listed in this section, in §198-68 and/or imposed by the Zoning Board of Appeals in connection with a grant shall, after thirty (30) days' notice by said Board or an enforcement officer from the town to correct such violation(s), result in revocation of both the Zoning Board of Appeals grant and the certificate of occupancy for the specific use and any associated accessory uses. The use and its accessory uses shall not be reestablished until all violation(s) are corrected. Reestablishment of a grant will require an application to the Zoning Board of Appeals and, at the discretion of said Board, a public hearing. [Added 9-13-1994 by Ord. No. 94-ZC-12]
A. The Zoning Board of Appeals may authorize the following uses after making all of the required findings and after public hearing as provided in Article XVI. Plans for parking and loading facilities for proposed uses shall be referred to the Planning Department for technical evaluation and advisory report, and no decision shall be made until the report has been received or thirty (30) days has elapsed. Landscaping and fencing and, screening may be required in connection with any use permitted under this section. [Amended 9-13-1994 by Ord. No. 94-ZC-12; 7-1-1998 by Ord. No. 98-ZC-8; 9-23-2003 by L.L. No. 32-2003 ]
(1) Cemeteries in any district.
(2) Commercial places of amusement and recreation. [Amended 9-28-1982 by Ord. No. 82-ZC-119; 9-13-1994 by Ord. No. 94-ZC-12]
(a) Commercial places of amusement and recreation in C-6 General Business Districts and C-7 Highway Business Districts, including but not limited to motion-picture theaters, billiard parlors, miniature golf courses, bowling alleys and slot-car racing establishments, except that drive-in theaters are specifically prohibited.
(b) Game centers in C-6 General Business Districts and in C-7 Highway Business Districts.
(3) Marinas in residence districts where accessory to a private club. [Amended 5-4-2004 by L.L. No. 12-2004]
**Webmasters Note: The previous subsection has been amended as per Local Law No. 12-
2004.
(4) Public utility uses and buildings, excluding gas storage facilities and generating stations, in any district, provided that in the case of residence districts the Board shall find that such use of building is necessary to the service of the neighborhood or that its location is fixed by the technical requirements of the utility system. On making such finding, the Board may also vary the minimum lot area and width requirements only upon finding as follows:
(a) The proposed facility is necessary to provide service to a primary area within a radius of not more than one mile.
(b) The minimum yard requirements for the district in which the facility is to be located have been met.
(c) No equipment or vehicles, except as necessary to the provision of the utility service in the location proposed, shall be stored or serviced on the premises.
(d) The maintenance of the full lot area and width requirements for the district is not necessary to the proposed facility nor to the maintenance of neighborhood character.
(e) The design of the proposed building or structure shall be in keeping with the character of the neighborhood, or the separation of structures and screening will be adequate to nullify any adverse effect upon adjoining properties.
(f) No parcel of land proposed for any such public utility use shall be less than 10,000 square feet in area, except that in districts where the minimum lot area is less than 10,000 square feet, such minimum lot area shall apply but shall not be reduced.
(g) No adjoining parcel of land shall be made nonconforming as a result of the grant of such variance.
(5) Storage of fuel oil, liquid fuels and other flammable liquids and gas storage facilities, including facilities for the discharge, handling and distribution of such products principally in the local retail market.
(a) Such facilities may be located in Harbor Use Districts and in General Industry Districts, provided that:
[1] No storage tank shall exceed 500,000 gallons' capacity, and no such tank shall be more than 25 feet in height above the finished grade around it.
[2] All tanks constructed above ground shall be surrounded by a concrete dike which forms a basin equal in capacity to the capacity of the tank.
[3] No tank constructed above ground, nor basin nor truck loading dock shall be located closer to a property line, street line or bulkhead line than a distance equal to 25% of the depth of the district, and such distance shall not be less than 25 feet in any case.
(b) As a part of any approval granted under this subsection, the location, size and extent of tanks, buildings, pumps and other appurtenances, setbacks, landscaping, screening and fencing may be modified or required as necessary to ensure public safety and the maintenance of the character and value of property in the neighborhood.
(6) Communication. transmission and/or reception antennae and/or towers, radio, television and/or telecommunications beacons, and radio or television stations, including accessory facilities and structures. [Amended 7-1-1998 by Ord. No. ZC-8; 9-23-2003 by L.L. No. 32-2003 ]
(a) Legislative intent. These regulations are in no way intended to prohibit or have the effect of prohibiting the provision of adequate communications systems. The Town Board of the Town of Huntington hereby determines that it is in the best interests of the residents of the Town to set forth specific regulations establishing standards for the safe provision of the devices specified herein. consistent with applicable federal and state laws, statutes, rules and regulations, in order to:
[1] Protect the health, safety and welfare of the residents of the Town.
[2] Protect natural features, aesthetics and residential character of the neighborhoods within the Town and the efficient and orderly development of land uses from potential adverse impacts.
[3] Promote and encourage the location of these devices in nonresidential areas of the Town.
[4] Minimize the total number of such devices constructed throughout the Town within functional limits.
[5] Promote and encourage joint use of such new and existing devices and discourage the erection of such devices for single users.
[6] Promote and encourage the location of such devices, to the extent possible, in areas where adverse impacts on the surrounding neighborhoods is minimized.
[7] Promote and encourage the configuration of such devices in a manner that minimizes adverse visual impacts through careful design, siting, landscape screening and innovative camouflaging techniques.
[8] Promote the ability of providers of services related to such devices to supply such services as effectively and efficiently as possible.
[9] Prohibit potential damage to adjacent and/or nearby properties from collapse or failure of such devices through adequate engineering and siting requirements.
(b) Definitions and word usage.
[1] Definitions. Unless otherwise stated in the section were the term is used herein, the meanings of terms used in this chapter shall be as stated below:
ACCESSORY FACILITY -- Includes any building or other structure which is accessory to the principal use, being subordinate in size, area, extent and purpose to the principal use, and located on the same lot as the principal use.
ANTENNA AND/OR BEACON -- Includes any device that incorporates a system of electrical conductors involved in transmitting or receiving radio frequency waves, including but not limited to radionavigation, radio and television frequencies (excluding radar), wireless and microwave communications, generally ranging from 10 hertz to 300,000 megahertz, and/or used in communications that radiate or capture electromagnetic waves, digital signals, analog signals or other communications signals.
COLLOCATION -- The use of any communication, transmission and/or reception antennae and/or towers, radio, television and/or telecommunications beacons to carry two or more antennae by two or more service providers.
FAA -- The Federal Aviation Administration of the United States.
FCC -- The Federal Communications Commission of the United States.
HEIGHT -- The distance measured from the finished mean grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
PREEXISTING TOWERS AND ANTENNAE -- Includes any and all towers or antennae possessing a valid, current and proper building permit and/or special use permit issued prior to the effective date of this section.
TOWER -- Includes any structure designed and constructed primarily for the purpose of supporting one or more antennae for telephone, television, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers, radio and television transmission and reception towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and similar structures, inclusive of the structure and any support systems appurtenant thereto.
TOWN OF HUNTINGTON, TOWN AND/OR TOWN AND ANY SUBDIVISION THEREOF -- Includes the government of the Town of Huntington, as well as its various departments, agencies, authorities, districts, special districts, improvement districts, special improvement districts and all other facets of the Town government or its subdivisions.
[2] Word usage. When not inconsistent with the context, the present tense shall include the future, and words used in the plural shall include the singular and vice versa. Furthermore, a masculine pronoun shall include the feminine. "Shall" is mandatory; "may" is permissive.
[3] Ambiguity. Terms not defined in this article, or terms found to be ambiguous or improperly defined in this section, shall be defined by the Act, or appropriate rules and regulations, pursuant thereto.
(c) Exceptions. Nothing herein shall be construed to apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of the following uses, including antennae and support structures, which are deemed to be permitted uses and shall not be subject to the issuance of a special use permit: [Amended 9-23-2003 by L.L. No. 32-2003 ]
[1] Such uses located on property owned, leased or otherwise controlled by the Town of Huntington or any subdivision thereof, provided that said uses are subject to a license or lease issued by the Town Board.
[2] All antennae which are accessory to permitted residential uses and are mounted on the residential dwelling without a tower.
[3] Such uses that are licensed to operate as amateur radio stations by the Federal Communications Commission, pursuant to 47 CFR 97, subject to the provisions of § 198-57 of this chapter.
(d) General provisions.
[1] Deliberations. The Zoning Board of Appeals shall give due consideration to the Town's Comprehensive Plan, existing land uses and development, environmentally sensitive areas and other appropriate factors in approving the issuance of a special use permit for the siting of communication, transmission and/or reception antennae and/or towers, radio, television and/or telecommunications beacons and radio or television stations.
[2] Zoning. Such uses shall only be permitted within the commercial and industrial zoning districts of the Town or on Town, county, state or federal property, unless special circumstances demonstrate conclusively that a communications system cannot properly function without the location of such a use in a specific residential area.
[3] Principal and accessory use. Such uses may be considered either principal or accessory uses, in that a different existing use and/or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
[4] Inventory. Any application for such uses shall include an inventory of all existing like uses, or sites approved for like uses, that are either within the jurisdiction of the Town or within one mile of the border thereof, including specific information about the location, height and design of each tower, compiled from municipal records by the best efforts of the applicant.
[5] Aesthetic requirements. All such uses shall comply with the following requirements, unless otherwise required by the FAA, FCC or other applicable authority:
[a] Structures shall be of a neutral color so as to reduce visual obtrusiveness.
[b] Design of buildings and related structures shall, to the extent practicable, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
[c] If an antenna or beacon is installed on a structure other than a tower, it and its supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to render it as visually unobtrusive as practicable.
[d] Lighting. Towers shall not be artificially lighted. If so required, lighting shall be designed to minimize to the maximum extent practicable the resultant disturbance to the surrounding views and properties.
[e] Signs. No signs shall be permitted on an antenna or tower.
[6] Multiple user plans. Service providers submitting a single application for the approval of collocation of such devices for multiple users shall be given priority status in a fast track review process.
(e) Applications. Applications for special use permits under this section shall include the following:
[1] Certification, by a professional engineer duly licensed by the State of New York, setting forth that such use meets or exceeds current standard regulations of the FAA, FCC and any other state or federal agency having proper authority.
[2] A scaled site plan which meets all the site plan requirements of the Code of the Town of Huntington.
[3] Delineation of all setback distances between the proposed use and all adjoining structures and residentially zoned or developed properties.
[4] Delineation of all distances from other like uses described in the inventory of existing sites submitted with the application shall be shown on a site plan or map, identifying the type of construction of the existing uses and the owner/operator of any such existing uses, if same can be determined, compiled from municipal records by the best efforts of the applicant.
[5] A written description of the application's compliance with all applicable requirements of this section and all applicable federal, state and local laws.
[6] A notarized statement by the applicant as to whether construction of the proposed use will accommodate collocation of additional antennae for future users.
[7] A description of the suitability or unsuitability of existing like uses, other structures and/or alternative technology that are available in place of the proposed structure and the uses contemplated for the proposed structure.
[8] All information required for a special use permit in this chapter.
(f) General review. The Zoning Board shall consider the following factors in determining whether to issue a special use permit, in addition to the standards for consideration of special use permit applications set forth in this chapter:
[2] Proximity of the proposed use to residential structures and residential district boundaries.
[3] Nature of existing and/or proposed uses on adjacent and nearby properties.
[4] Site and/or surrounding topography.
[5] Surrounding tree coverage and foliage.
[6] Design of the structure, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
[7] Proposed ingress and egress.
[8] Availability of suitable existing uses or other structures or alternative technologies not requiring the use of new structures.
(g) Review or alternatives.
[1] No application for such a special use permit shall be granted unless the applicant demonstrates to the reasonable satisfaction of the Zoning Board of Appeals that no existing use, structure or alternative technology not requiring new construction can accommodate the applicant's proposed use.
[2] An applicant shall submit any information requested by the Zoning Board of Appeals relating thereto. Such evidence may consist of any or all of the following:
[a] That no suitable existing uses or structures are located within the geographic area which meet the applicant's engineering requirements.
[b] That the fees, costs or contractual provisions required by the owner of an existing like use or structure in order to share it, or adapt it for sharing, are unreasonable. Costs exceeding new use development are presumed to be unreasonable.
[c] That alternative technologies not requiring the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(h) Conditions. The granting of a special use permit herein shall require provision of the following conditions:
[1] Setbacks. The following setback requirements shall apply to all such uses for which a special use permit is required:
[a] Towers shall be set back from any adjoining lot line a distance equal to at least 150% of the height of the tower.
[b] All accessory structures shall satisfy minimum zoning district setback requirements in the district in which it is located.
[2] Distance between towers. The required distance between such uses shall be 5,000 feet, measured by drawing or following a straight line between the base of any existing like use and the base of the proposed use, delineated on a map or site plan. Said distance requirement may be reduced by the Zoning Board of Appeals only after a finding that a specific application merits such a reduction and closer siting of such uses due to reception/transmission limitations caused by topographical interference.
[3] Security fencing. Such uses shall be surrounded by security fencing not less than eight feet in height and shall be equipped with appropriate anticlimbing devices.
[4] Landscaping.
[a] All such uses shall be landscaped with a buffer or plant materials sufficient to screen the view of such uses from residential property, consisting of at least one row of mixed evergreen shrubs and trees capable of forming a hedge at least eight feet in height.
[b] Existing mature tree growth and natural land forms and topography at the site shall be preserved to the maximum extent possible.
[5] Abandonment. Any such use that is not operated for a continuous period of 12 months shall be deemed abandoned, and the owner thereof shall be responsible for removal of all structures within 90 days of the issuance of a notice by the Town declaring the facilities abandoned and directing removal, and upon failure to do so the Town may take such action at the owner's expense.
[6] Nonconforming uses. Such uses lawfully existing and operating prior to the effective date of this section shall be permitted as they presently exist, including routine maintenance and reconstruction in like form and height, excluding substantive change, which will require compliance with the requirements of this section.
(7) Facilities and installations for the handling, storage or loading of bulk materials in transit by land, including processing yards. The Board may impose any special requirements for the control of traffic, dust, noise or hours of operation which are found necessary for the protection of surrounding properties. Such uses shall be permitted only in Harbor Use Districts and in General Industrial Districts. [Amended 5-4-2004 by L.L. No. 12-2004]
**Webmasters Note: The previous subsection has been amended as per Local Law No. 12-
2004.
(8) Tanks, pumps and related appurtenances for the storage and dispensing of gasoline or other motor fuels in connection with any use requiring such facilities as a normal accessory, excluding automotive service stations.
(9) [Amended 7-26-1977 by Ord. No. 77-ZC-70] Private club, lodge, community building, private playground, park or similar outdoor recreational facility or lodge.
(a) Such uses may be located in a business district, provided that:
[1] The chief activity is not a service customarily carried on as a business.
[2] No lot shall be less than three acres.
[3] No building shall be located within 25 feet of any property line on a waterfront lot, nor within 100 feet of any property line on any other lot.
[4] Permanent dwelling facilities shall be limited to the quarters of a watchman or other custodial person.
(b) The Board of Appeals may vary the minimum lot size in the case of a yacht club, boat club or beach club on waterfront property upon a finding that:
[1] The nature of the use is compatible with the neighborhood and no adverse effect will be created as a result of such reduction.
[2] Adequate yard spaces and screening are provided for the protection of adjoining properties.
(c) No lot shall be less than one acre in any case, and required off-street parking shall not be varied.
(d) The provisions of this Subsection A(9), as amended, shall not apply to private clubs, including but not limited to yacht, boat, beach and golf clubs, in existence on August 7, 1977. [Added 5-23-1978 by Ord. No. 78-ZC-77]
(10) [Amended 8-29-1978 by Ord. No. 78-ZC-80; 5-27-1980 by Ord. No. 80-ZC-93; 1-26-1993 by Ord. No. 92-ZC-297; 3-3-1998 by L.L. No. 8-1998] Sanitariums, nursing homes or convalescent homes, excluding institutions operated principally for the care of mental patients or persons addicted to drugs or alcohol or institutions, domiciles or so-called halfway houses or drug- or alcohol-related facilities, etc., operated for the housing and care of persons formerly addicted to drugs or alcohol, undergoing rehabilitation for such former addiction.
(a) Such uses may be permitted in all residential, commercial, industrial and mixed (residential/business) zoning districts, provided that:
[1] The lot shall contain not less than five acres and have sufficient depth and width for adequate setbacks as in Subsection A(10)(a)[4] below.
[2] Not more than 25% of the lot shall be covered by buildings.
[3] The lot shall have frontage on a major collector street, and circulation facilities shall be so designated that vehicular traffic generated by the use is not directed primarily over minor residential streets, except that in cases involving the extension or enlargement of such institutions in existence prior to January 19, 1965, the Zoning Board of Appeals may waive this requirement in whole or in part where it finds that all other requirements of this section have been satisfied.
[4] When located in a residence district, no building shall be located within one hundred (100) feet of a property line. When located in a commercial or industrial district but adjacent to a residential district, the building setback for the side or sides that are adjacent to the residential district shall be 100 feet. In commercial districts, setbacks as required in the Zoning Code shall prevail.
[5] Landscaping and screening shall be provided along all property lines as deemed necessary by the Zoning Board of Appeals to minimize visual impacts. No required screen shall be less than ten (10) feet in horizontal depth when located in business districts and twenty-five (25) feet in horizontal depth when located within or adjacent to residential districts.
[6] In residence districts, no signs shall be permitted other than one indirectly illuminated identification sign on each major street frontage. Such sign or signs shall not be more than twenty (20) square feet in area, not more than ten (10) feet above grade level in height and set back at least ten (10) feet from any property line. When located in a business zoning district, all applicable regulations (Town Zoning Code, Article XIV, §§ 198-91 through 198-101) shall apply for size and location of signs.
[7] Exterior illumination other than for identification signs shall be limited to the illumination of the building entrance(s), parking areas and access ways, for security and safety, and the intensity of such illumination shall be the minimum necessary for such purposes. Lighting devices shall be so shielded and directed that no illumination shall extend beyond the limits of the lot.
[8] The provisions of this section shall not apply to nonprofit voluntary general hospitals in existence on January 19, 1965.
[9] At least thirty percent (30%) of the total site area shall be devoted to unpaved nonvehicular open space which shall be landscaped and well maintained with grass, benches, walking paths, trees, shrubbery and other suitable plant materials approved during site plan review.
[10] All buildings on the site may have a maximum of three habitable floors and a building height of no more than thirty-six (36) feet shall be permitted, unless in the judgment of the Zoning Board of Appeals such height will not be compatible with surrounding land uses and community character. Notwithstanding any section of this Code, when a project pursuant to this section is approved adjacent to residential zoned property, then the building height shall be no greater than the most restrictive residential adjacent zoning.
(11) [Amended 1-25-2000 by L.L. No. 1-2000] Private nursery schools or any similar type of school providing full-time day instruction and having a course of study approved by the New York State Department of Education (except such private elementary and secondary schools, and duly licensed nursery schools appurtenant to a religious institution, as are set forth as permitted uses in this chapter) may be established and operated in any residence district, provided that:
(a) The plot shall comprise at least two (2) acres.
(b) The proposed building or buildings are reasonably in keeping with the character of the neighborhood and of neighboring structures.
(c) The approval of the Suffolk County Board of Health Services must be secured as a prerequisite to the issuance of a certificate of occupancy.
(12) Institutions of higher learning offering courses of study approved by the New York State Department of Education, and dormitories or other residence facilities accessory thereto, in any residence district, provided that the lot shall not be less than ten (10) acres in area and buildings shall not occupy more than twenty-five percent (25%) of the area of the lot. The approval of the Suffolk County Board of Health shall be secured prior to the issuance of a certificate of occupancy.
(13) Summer camps, day camps or health camps.
(a) Such uses may be located in R-80, R-40 and R-20 Residence Districts, provided that:
[1] The lot shall not be less than ten (10) acres.
[2] No overnight residence facilities shall be permitted, except for one permanent dwelling for the use of a caretaker or other custodial person.
[3] Other camp buildings shall comply with the requirements of the Building Code for accessory buildings in residence districts.
[4] No building shall be located within one hundred (100) feet of any property line except for buildings existing prior to 1969 and with the written consent of adjoining property owners. [Amended 4-7-1998 by L.L. No. 17-1998]
(b) The approval of the Suffolk County Board of Health shall be secured prior to the issuance of a certificate of occupancy.
(c) The special use permit shall not be issued for a period in excess of three years and may be reviewed by the Zoning Board in the event of substantial change in the manner of operation or on receipt of evidence of any change in the nature or the intensity of the use. In connection with the issuance of a permit for such use, the Board of Appeals may specify the maximum number of persons to be accommodated.
(14) [Amended 11-27-1973 by Ord. No. 73-ZC-49] Dairies, commercial riding stables or academies or facilities for the boarding of horses in R-80, R-40 and R-20 Residence Districts, provided that:
(a) The lot shall not be less than 10 acres in area, except that the area of a lot for dairy use shall not be less than 20 acres.
(b) There shall be a minimum street frontage of 100 feet, except that in the case of a dairy the minimum street frontage shall not be less than 200 feet.
(c) No building for the shelter of any animals or for the processing of dairy products shall be within 100 feet of any property line.
(d) No fenced run or similar enclosure shall be located within 50 feet of a property line.
(e) No nuisance shall be exerted upon surrounding property by reason of odor, dust, noise or vermin.
(f) Parking.
[1] The Board of Appeals shall specify the number of off-street parking spaces to be provided. However, in the case of dairy product processing uses, one parking space shall be provided for every 500 square feet of gross floor area or three per four employees on maximum work shift, whichever is greater.
[2] No parking shall be located in a front yard, except that space for not more than 10 automobiles may be so located, provided such space shall not be within 50 feet of a front lot line.
[3] No parking shall be located within 50 feet of a residence district boundary nor within 25 feet of side or rear lot lines.
(g) In the case of a dairy, no off-street loading shall be located within a front yard nor within 50 feet of side or rear lot lines.
(h) The minimum lot width in the case of a dairy shall not be less than 400 feet.
(i) The maximum percentage of lot coverage by dairy buildings, including accessory buildings, shall not exceed 6%.
(j) In the case of a dairy, a tertiary sewage treatment system shall be provided for all waste water disposal unless the property is served by a municipal sewer district.
(15) Noncommercial greenhouses in residence districts, only where accessory to a principal residential use, provided that:
(b) No greenhouse shall be located within 25 feet of any property line.
(c) No chimney shall, in any case, exceed the height limit for the district as specified in Article IX.
(16) Kennels or other establishments for the keeping or raising of dogs, cats, poultry or fur-bearing animals, provided that:
(a) The lot shall not be less than three acres in area.
(b) The lot frontage shall not be less than 100 feet.
(c) No building or structure for the shelter of animals shall be located within 100 feet of any lot line.
(d) No adverse effect or nuisance shall be exerted on surrounding property by reason of odor, dust, noise or vermin.
(17) Boardinghouses in R-5 and R-3M Residence Districts and C-1 Business Districts.
(18) Beauty parlors as a home occupation in residence districts.
(a) Such use may be permitted, provided that:
[1] All general requirements for home occupations shall apply.
[2] There shall be no external evidence of the use nor structural change in the dwelling as a result of the use.
[3] Employment shall be limited to members of the resident family, except that not more than one employee not a member of the resident family shall be permitted.
(b) Any special use permit issued for a beauty parlor shall be issued to the applicant and shall not run with the land. Such permit shall be issued for a period not to exceed five years but may be reissued by the Board for successive five-year periods after hearing.
(19) Conversion of a single-family dwelling to a two-family dwelling in R-5 and R-3M Residence Districts and in C-1 Business Districts in cases where the lot area is less than 10,000 square feet and/or the lot width is less than 100 feet, provided that:
(a) The dwelling is five years of age or more at the time of application.
(b) The minimum lot width is not less than 50 feet.
(c) The converted dwelling will be reasonably in keeping with the character of the neighborhood and with neighboring dwellings.
(d) The owner can show hardships which require that the conversion be permitted.
(e) The conversion will not impair the character of the neighborhood or adversely affect property values.
(20) Public garages, automobile repair shops and car-washing establishments in C-6 and C-7 Business Districts and in I-4 and I-5 Industry Districts.
(21) [Amended 9-13-1994 by Ord. No. 94-ZC-12] Professional offices in R-5 Residence Districts either as a principal or as an accessory use, provided that the Board of Appeals shall find that:
(a) The nearest portion of the property so used is either:
[1] Not more than 500 feet, or only in the case of medical or dental offices not more than 1,000 feet, from the boundaries of a C-6 General Business District; or
[2] Not more than 500 feet, or only in the case of medical or dental offices not more than 1,000 feet, from the plot on which the main building of the Huntington Hospital is located, provided that if so located, the plot on which such professional offices are located shall contain not less than 80,000 square feet.
(b) The plot on which such use is to be located shall not be less than 20,000 square feet in area, except as provided in Subsection A(21)(a)[2] above.
(22) An off-street parking area in any residence district when contiguous to and within 100 feet of a business district and where such area serves a use located in the business district, provided that:
(a) All access shall be from the business district.
(b) Fencing or screening, or both, shall be installed along all property lines which adjoin residential properties or face such properties across a street.
(c) The establishment of such parking area will relieve traffic congestion in the area.
(23) [Added 9-14-1971 by Ord. No. 71-ZC-19; amended 1-25-2000 by L.L. No. 1-2000] Day-care centers (except such duly licensed day-care centers appurtenant to a religious institution as are set forth as permitted uses in this chapter) may be established and operated by duly recognized nonprofit organizations in any residence district, provided that:
(a) The plot shall comprise no less than one-half (1/2) acre and no less than twice the minimum area requirement of the residence district where it is to be located.
(b) The proposed building or buildings are reasonably in keeping with the character of the neighborhood and of neighboring structures.
(c) The approval of the Suffolk County Board of Health Services must be secured and there must be compliance with all state and county laws and regulations before a certificate of occupancy can be issued.
(24) [Added 6-25-1991 by Ord. No. 91-ZC-259] The use of any outdoor area, whether or not partially enclosed by a temporary or permanent structure, as a "place of public assembly" as defined by the Town Fire Prevention Code, § 111-306A, as part of a restaurant, bar, tavern, nightclub or other establishment for the on-premises consumption of food or alcoholic beverages, provided that:
(a) There are sufficient means of egress directly from the outdoor area which do not lead through the establishment so that the maximum number of persons who may lawfully occupy the outdoor area may escape safely in case of emergency. In making its determination of sufficient means of egress, the Board of Appeals shall consider:
[1] The maximum potential occupant load for the outdoor area as defined by the Town Fire Prevention Code, § 111-306C.
[2] The width, number and location of the means of egress.
(b) Off-street parking regulations shall be applied. See Article VII.
(c) As part of any approval granted under this subsection, setbacks, landscaping, screening and fencing may be modified or required as necessary to ensure public safety and the maintenance of the character and value of property in the neighborhood. In addition, the Board shall consider and may impose any special requirements for the control of traffic, noise, lighting or houses of operation which are found necessary for the protection of surrounding properties.
(25) [Added 1-25-1994 by Ord. No. 93-ZC-317] Caretaker's cottages shall be limited to one accessory dwelling per property only in the R-40 or R-80 Residence District providing housing for servants(s) or employee(s) engaged in work upon the subject premises on a full-time basis.
(a) Such accessory structure shall not have a gross floor area, including garage space, that is more than forty percent (40%) of the primary residence on the subject property nor greater than one thousand two hundred (1,200) square feet, whichever is smaller.
(b) Such accessory structure shall adhere to all of the building setbacks that apply to the primary residential structure on the subject lot.
(c) Such accessory structure shall not be located in front of nor between the primary structure and the side yard setback on the subject lot.
(26) [Added 9-13-1994 by Ord. No. 94-ZC-12] Golf driving ranges as a principal use in the C-2 Office, C-6 General Business, C-7 Highway Business, C-14 Commercial Recreation and I-2 Light Industry Districts, provided that:
(a) The lot shall contain no less than ten (10) acres.
(b) The driving range shall have its principal frontage on an arterial as defined and listed in the most recent update of the Town of Huntington Comprehensive Plan or on a major collector as defined in said plan, provided that the Zoning Board of Appeals makes a finding that such collector street does not mainly provide access for residential development in the immediate area.
(c) All building and parking setbacks, as well as building height requirements for the district, shall be in conformance with the zoning requirements of the district; no active uses shall be allowed in required buffers; parking may be allowed within required building setbacks, provided that all buffer requirements of the district are adhered to; and permitted signs may be located within required building setbacks and parking buffers.
(d) A landscaped buffer shall be provided that is no less than fifty (50) feet wide where adjacent to or across any street from any residential zoning district and no less than twenty-five (25) feet wide where adjacent to or across any street from any industrially or commercially zoned lands. The buffer shall contain a dense mixture of landscape and natural plant materials consisting of both deciduous and evergreen materials, major and minor trees, shrubs and ground cover.
(e) The applicant shall provide information so as to enable the Zoning Board of Appeals to determine the height of fencing/netting needed to contain golf balls on the subject property; such fencing/netting shall be located from property lines a distance no less than equal to the "fall radius" of the fence/netting posts plus ten (10) feet; the area outside such fence/netting shall be incorporated into the landscaped buffer area of Subsection A(26)(d) above; no signs or advertising whatsoever shall be affixed to the posts, fence or netting.
(f) All site lighting shall be directed away from adjacent properties and streets; shall not in any case be mounted more than thirty (30) feet above the natural grade; and shall be in conformance with all the provisions of § 198-99 of this code; no outdoor lighting shall illuminate the golf driving range or a miniature golf facility, if one exists, between the hours of 11:00 p.m. and 8:00 a.m.
(g) No outdoor loudspeaker or broadcasting system shall be permitted.
(h) Accessory uses shall be limited to a snack bar or food shop, pro-shop, miniature golf facility, accessory putting greens, accessory game room and maintenance buildings. Accessory restaurants are strictly prohibited.
(i) Parking shall be provided at the rate of one space for each position on the golf driving range, plus three (3) spaces for each hole on any accessory miniature golf course, plus three spaces for each accessory putting greens plus one space for each 200 square feet of gross floor area for any accessory snack shop, food shop or pro-shop, plus one space for each 100 square feet of gross floor area in any accessory game room. All required parking shall be provided on site.
(j) In accordance with the provisions of § 198-111, the Zoning Board of Appeals may impose any additional or more stringent requirements as deemed necessary.
(27) [Added 5-11-1999 by L.L. No. 11-1999] Self-service storage facilities (or mini warehouses), as defined and limited in § 198-2, in the I-3, I-4 and I-5 Industrial Districts, and in the C-6 and C-7 Business Districts, provided that:
(a) All the districts' required building setbacks and parking buffers shall be provided. In addition, in no instance where such facility abuts residentially zoned property shall any building setback be less than 25 feet, nor shall any landscape buffer be less than 20 feet wide on sites less than three acres and 25 feet on sites three acres or greater, unless the districts' regular zoning requirements provide for a more stringent requirement, in which case, the more restrictive standard shall apply. In no instance where such facility abuts nonresidentially zoned properties shall any landscape buffer be less than 10 feet wide. Landscaped buffers of no less than 25 feet shall be provided along all street frontages, unless the districts' regular zoning regulations provide for a more stringent requirement, in which case, the more stringent standard shall prevail.
(b) All areas not utilized for building, driveways, parking and loading shall be appropriately landscaped. Buffers adjacent to residentially zoned properties shall be landscaped with dense evergreen trees and shrubs. The understory shrubs shall be shade tolerant.
(c) No lot shall be less than one acre nor more than six acres.
(d) Building lot coverage shall be no greater than 50%, except in districts having a more stringent requirement, in which case, the more restrictive standard shall prevail.
(f) The floor area ratio (FAR, gross building area divided by gross lot area) shall be no greater than 0.50.
(g) There shall be no outside storage nor overnight parking of vehicles except to accommodate the manager's residence.
(h) Parking shall be provided at the rate of one space for every 2,000 square feet of gross floor area, including the manager's office/quarters.
(i) A perimeter buffer, exclusive of any driveways or parking areas, of no less than five feet shall be provided around all buildings.
(j) Driveways shall be no less than 15 feet wide for one-way access around one story buildings and no less than 24 feet wide for two way access or access around two story buildings.
(k) Signs shall be permitted and limited as for the district in which the facility is situated.
(l) One-story self-service storage facilities adjoining residentially zoned lands, or facing such zoned lands across a street, shall have pitched roofs with shingles.
(m) All overhead doors facing, and within 50 feet of, a street frontage or a residence district boundary shall be finished in earth tones.
(n) In the I-3, I-4 and I-5 Industrial Districts, the following additional regulations shall apply:
[1] Buildings shall be no greater than two stories, or 25 feet in height. A basement level shall be permitted that shall not count towards FAR but shall count for parking.
[2] Loading zones are not required for one-story buildings but shall be required for two-story buildings (a basement level shall count as a story). Such loading zones shall be no less than 10 feet wide and 25 feet long and shall be provided within 50 feet of any entrance providing access to the second floor.
[3] The maximum size storage unit shall be 500 square feet, and a single tenant shall not be allowed to rent more than 5,000 square feet.
(o) In the C-6 and C-7 Districts, the following additional regulations shall apply:
[1] Buildings shall be no greater then one story, or 14 feet in height. A basement level shall be permitted that shall not count towards FAR but shall count for parking.
[2] Loading zones are not required.
[3] The maximum-size storage unit shall be 300 square feet, and a single tenant shall not be allowed to rent more than 3,000 square feet.
[4] The building setback requirements of the C-7 Highway Business District shall also be required in the C-6 General Business District.
B. Any use listed in this article and lawfully existing on the effective date of passage of these regulations shall be a nonconforming use unless within one year it has been approved, upon application, by the appropriate Board or has previously been approved by the Board of Appeals.
**Webmasters Note: The previous section has been amended as per Local Law No. 32-2003.
