Any other provision of this chapter notwithstanding, uses listed in this section are prohibited in all districts:
A. Manufacturing uses involving the primary processing or compounding of the following products from raw materials: asphalt, coke, cement, creosote, carbide, disinfectants, dyes (aniline), ammonia, caustic soda, chlorine, cellulose, industrial alcohol, nitrates (of an explosive nature), potash, plastics and synthetic resins.
B. Chemical works; handling or production of explosive or corrosive materials, gas or acids in bulks; nitrating of cotton.
C. Smelting, refining, reducing or alloying of metals and metal ores; refining of petroleum products; distillation of wood, bones or coal; reduction and processing of wood pulp and fiber.
D. Manufacture of fireworks, glue, size, gelatin, fertilizer, emery cloth, sandpaper, oilcloth, linoleum, matches, paint, rubber, soap, polishes and waxes, lampblack, salt, paint, varnishes and turpentine.
E. Milling of starch, flour, feed or grain.
F. Manufacture or storage of explosive.
G. Tar distillation, tar roofing and waterproofing manufacture.
H. Abattoir, slaughtering of animal , fish processing or stockyards.
I. Rendering of fat or manufacture of yeast, tallow or lard; wool pulling or scouring; tanning, curing or bulk storage of leather.
J. Dumps, except where owned or operated by the town.
K. Open burning of garbage or other refuse.
L. Lodging houses. [Added 4-19-2005 by L.L. No. 10-2005]
(1) It shall be prohibited for an owner, operator, agent, manager or person-in-charge of a property to maintain or operate or to allow the maintenance or operation of any property as a lodging house.
(2) It shall be presumptive evidence that an owner, operator, agent, manager or person-in-charge of property is maintaining or operating or causing property to be maintained or operated as a lodging house where such property is being used by lodgers.
(3) In determining whether a property is not maintained or operated or is not caused to be maintained or operated as a lodging house, the following criteria must be present:
(a) The person(s) staying on, at or in the property maintains the premises as a permanent mailing address; or
(b) The person(s) staying on, at or in the property has indicated the premises as their residence on legal identification including but not limited to, drivers license, voter registration or New York State non-driver identification cards; or
(c) The person(s) staying on, at or in the property is a party to a lease for a minimum period of one (1) month for a specified room or part thereof in the subject premises; or
(d) Any other factor reasonably related to whether or not the property is being maintained or operated as a lodging house.
**Webmasters Note: The previous subsection, L., has been added as per Local Law No. 10-
2005.
A. More than one (1) main building may be located on a lot used for a permitted multiple residence or institutional use, and required yards shall apply to the periphery of the lot.
B. In the case of commercial and industrial districts, there shall be only one (1) main building on a lot. [Amended 11-25-1975 by Ord. No. 75-ZC-59]
[Amended 9-28-1982 by Ord. No. 82-ZC-119]
A. No public garage, automotive repair shop, automotive service station or commercial amusement place, other than a game center, shall be located in any district within two hundred (200) feet of the lot line of a premises used for a school, library, church, hospital or similar public or semipublic use.
B. No game center shall be located in any district within two thousand (2,000) feet of the lot line of a premises used for a school, library, church, hospital or similar public or semipublic use.
C. No game center shall be located in any district within two thousand (2,000) feet of the lot upon which a game center is located. [Added 12-21-1982 by Ord. No. 82ZC- 120]
D. Adult establishments, as defined hereinbelow. [Added 4-27-1999 by L.L. No. 9-1999]
(1) Legislative intent. The Town Board and staff of the Town of Huntington have conducted an extensive review of land use studies concerning secondary effects of sexually-oriented businesses in other municipalities, including but not limited to the Town of Islip and the City of New York, and have conducted their own study, entitled 'The Town of Huntington Adult Use Study." From review of these studies, and the testimony of its citizens, the Town Board has concluded the following:
(a) Some uses, due to their very nature, have characteristics which cause, or tend to cause, secondary adverse impacts upon the community and have a deleterious effect on both surrounding businesses and residential areas, such as increased crime and downgraded property values. Said impacts are heightened by concentration of such uses in any one area, thereby aggravating deleterious effects on adjacent areas and other uses.
(b) Among such uses are sexually-oriented businesses, which have serious objectionable characteristics, particularly when operated in close proximity to each other, thereby contributing to crime, lower property values, blight and downgrading of the quality of life in adjacent areas. Special regulation of such uses is necessary to ensure that said adverse secondary impacts do not contribute to blighting or downgrading of surrounding neighborhoods or land uses.
(c) Location of such uses in relation to residential and other areas where youth may regularly assemble and/or congregate, the general atmosphere around their operation and their downward impact on property values, resulting in disinvestment with concomitant social and economic deterioration, is of great concern to the Town of Huntington.
(d) The special regulations set forth hereinbelow are intended to ameliorate adverse secondary impacts of such uses on adjacent areas and other land uses, to prevent concentration of such uses in any one area and to dissuade accessibility to such uses by minors.
(2) Definitions and word usage.
(a) Definitions. Unless otherwise stated in the subsection where the term is used herein, the meanings of terms used in this section shall be as stated below:
ADULT BOOK STORES - Adult establishments which offer for viewing, sale or rental, for any form of consideration or gratuity, adult entertainment through the medium of adult printed materials or any other mediums.
ADULT CLUBS OR ADULT EATING OR DRINKING CLUBS - Adult establishments which offer food or drink, for any form of consideration or gratuity, such as nightclubs, bottle clubs, dance clubs, cabarets, bars, restaurants or similar commercial establishments, whether or not alcoholic beverages are sold or served, which feature adult entertainment through the mediums of adult live performances, showing of adult photographic reproductions or any other mediums.
ADULT ENTERTAINMENT - Includes the causing, permitting or allowing of
[1] Offering printed materials, photographic reproductions or live performances which are characterized by an emphasis on persons who appear nude or in a state of nudity or seminudity; and/or which are characterized by an emphasis on persons who expose specified anatomical areas or engage in depiction or description of specified sexual activities; and/or
[2] Conduct by employees who, as part of their employment, expose to patrons specified anatomical areas; and/or by two or more persons who congregate, associate or consort for purposes of specified sexual activities, exposure of specified anatomical areas or activities when one or more of them is in a state of nudity or seminudity; and/or
[3] Offering paraphernalia designed, used or marketed primarily for stimulation of human genital organs or sadomasochistic use or abuse; and/or massage or any other treatment or manipulation of the human body which occurs as a part of, or in connection with, specified sexual activities or where any person providing such massage, treatment or manipulation exposes specified anatomical areas of their body.
ADULT ESTABLISHMENTS - Business or commercial enterprises:
[1] Which maintain, derive or devote a substantial portion of stock-in-trade, revenues, floor area and/or cellar space or advertising of their business, in, from or to adult entertainment of any type, for any form of consideration or gratuity; and/or
[2] Where a substantial portion of the use of the premises comprises adult entertainment, including but not limited to those adult establishments specifically set forth by definition in this section, other adult commercial facilities of a similar nature or any combination thereof; and/or
[3] Which are not the types of businesses customarily open to the general public during the featuring of adult entertainment because they exclude, or otherwise restrict, limit or condition access by, minors by reason of age; and/or
[4] Wherein the presence of other principal business purposes shall not preclude their status as an adult establishment, pursuant to the other elements of this definition.
ADULT LIVE PERFORMANCES - Live performances which are characterized by an emphasis on persons who appear nude or in a state of nudity or seminudity; and/or which are characterized by an emphasis on persons who expose specified anatomical areas or engage in depiction or description of specified sexual activities; and/or conduct by employees who, as part of their employment, expose to patrons specified anatomical areas.
ADULT MASSAGE - Massage or any other treatment or manipulation of the human body which occurs as a part of, or in connection with, specified sexual activities or where any person providing such massage, treatment or manipulation exposes specified anatomical areas of their body.
ADULT MASSAGE PARLORS - Adult establishments which offer, for any form of consideration or gratuity, adult entertainment through the medium of adult massage or any other mediums.
ADULT NOVELTY SHOPS - Adult establishments which offer for viewing, sale or rental, for any form of consideration or gratuity, adult entertainment through the medium of adult paraphernalia or any other mediums.
ADULT PARAPHERNALIA - Includes instruments, devices, gear, equipment, apparatus, accouterments or other appurtenances which are designed, used or marketed primarily for stimulation of human genital organs or sadomasochistic use or abuse.
ADULT PHOTOGRAPHIC REPRODUCTIONS - Includes slides, films, motion pictures, videotapes, video cassettes, compact discs or similar pictorial presentations characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT PRINTED MATERIALS - Includes books, magazines, periodicals, photographs or other printed matter which are characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATERS - Adult establishments, such as theaters, concert halls, auditoriums or similar commercial establishments, whether indoors, outdoors or drive-in, and peep shows or similar establishments, where viewing is conducted in general areas or individual enclosures, which feature adult entertainment, for any form of consideration or gratuity, through the mediums of adult photographic reproductions or adult live performances or any other mediums.
ADULT VIDEO STORES - Adult establishments which offer for viewing, sale or rental, for any form of consideration adult entertainment through the medium of adult photographic reproductions or any other mediums.
EMPLOYEE - Any person who works or performs in or for an adult establishment, either on a regular basis or on single or multiple separate occasions, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
FINANCIAL EXPENDITURES - Includes and shall mean any capital outlays made by the owner of a nonconforming adult establishment who has applied to the Zoning Board of Appeals for additional operating time directly related to the adult establishment portion of the premises and exclusive of the fair market value of the building in which such use is located.
HOSPITALS - Includes public or private buildings, structures, premises or places, together with the grounds thereof, which are used primarily for medical services, including but not limited to general and specialized hospitals, clinics, infirmaries, sanitariums or asylums, and certified by the State of New York.
LIBRARIES - Includes public or private buildings, structures, premises or places, together with the grounds thereof, which are used primarily for collection and use of books, periodicals, manuscripts, publications, recordings, maps or other materials for reading, viewing, listening, study, archives, athenaeums, reference and research.
MUSEUMS - Includes public or private buildings, structures, premises or places, together with the grounds thereof, which are used primarily for galleries, archives, treasuries, exhibitions, depositories and repositories where works of art, scientific specimens or other objects of permanent value are kept and displayed for reading, viewing, listening, study, archives, athenaeums, reference and research.
NUDE, NUDITY OR SEMINUDITY - The appearance, or state of dress, of a person, viewable by one (1) or more other persons, wherein human genitals, pubic region, buttocks, anus or female breast below a point immediately above the top of the areola are exposed or less than completely and opaquely concealed.
OTHER ADULT COMMERCIAL FACILITIES - Business or commercial enterprises, other than those specifically set forth by definition in this section, that offer or feature, for any form of consideration or gratuity, adult entertainment through any mediums as one of its principal business purposes.
PARKS - Includes active and passive public lands designated for park purposes by the Town of Huntington, County of Suffolk, State of New York, United States of America, or any other subdivision of government.
PLAYGROUNDS OR PLAYING FIELDS - Public lands designated for recreational or athletic purposes by any school district, library district, the Town of Huntington, County of Suffolk, State of New York, United States of America, or any other subdivision of government.
RELIGIOUS INSTITUTIONS - Includes buildings, structures, premises or places, together with the grounds thereof, which are used primarily for religious worship and for which an application has been made and granted for tax exemption, including but not limited to churches, synagogues, mosques, pagodas, temples, chapels, monasteries, convents, nunneries, cloisters, abbeys, tabernacles or shrines.
SCHOOLS - Includes buildings, structures, premises or places, together with the grounds thereof, which are used primarily for public or private educational facilities, as recognized and defined by the New York State Department of Education, including but not limited to preschools; kindergartens; and nursery, elementary, primary, intermediate, junior high, middle, secondary, high, vocational, special education and continuation schools.
SENSITIVE RECEPTORS - Includes buildings, structures, premises or places, together with the grounds thereof, which are used primarily for public or private hospitals, libraries, museums, religious institutions, schools, parks, playgrounds or playing fields.
SPECIFIED ANATOMICAL AREAS - Includes, with regard to the human body[1] Genitals, pubic region, buttocks, anus or female breast below a point immediately above the top of the areola less than completely and opaquely concealed; and/or [2] Male genitals in a discernible turgid state, even if completely and opaquely concealed.
SPECIFIED SEXUAL ACTIVITIES - Includes, with regard to the human body, actual or simulated depictions or descriptions of.
[1] Genitals in a state of sexual stimulation or arousal; and/or
[2] Acts of masturbation, sexual intercourse or sodomy; and/or
[3] Fondling or other erotic touching of genitals, pubic region, buttocks, anus or female breast.
(b) Word usage. When not inconsistent with the content, the present tense shall include the future and words used in the plural shall include the singular, and vice versa. Furthermore, the word "shall" is mandatory and the word 'may' is permissive.
(3) Exemptions. Nothing herein shall be construed to apply to, prohibit, regulate or otherwise affect the following uses, and shall not subject said uses to the provisions of this section:
(a) Commercial art studios which receive their primary source of revenue through the sale of commercial art.
(b) Business schools, trade schools, junior colleges, colleges, universities, medical schools or health science schools duly licensed by the New York State Department of Education.
(c) Medical facilities recognized by the State of New York and medical or psychological professionals or physical, massage or chiropractic therapists duly licensed by the State of New York.
(d) Establishments where a medical, psychological or similar professional, licensed by the State of New York, engages in medically approved and recognized sexual therapy.
(e) Barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders.
(f) Training facilities for any amateur, semiprofessional or professional athletes, athletic teams or school athletic programs.
(g) Health clubs which have facilities and equipment for physical exercise, such as tennis courts, racquetball courts, swimming pools, weight-lifting rooms or exercise machinery rooms, and which do not receive their primary source of revenue through the administration of massages.
(4) Applicability. A business or commercial enterprise is deemed an adult establishment, subject to the regulations set forth herein, when adult entertainment comprises a substantial portion of its business. Substantial portion shall be determined as follows:
(a) Generally. The following shall be considered in determining substantial portion:
[1] Amount of floor area and cellar space accessible to customers and allotted to adult entertainment of any type, generally, or as compared to the total floor area and cellar space accessible to customers; and/or
[2] Amount of adult entertainment stock-intrade of any type accessible to customers, generally, or as compared to total stock accessible to customers; and/or
[3] Revenues derived from adult entertainment of any type, generally, or as compared to total revenues; and/or
[4] Advertising devoted to adult entertainment of any type, generally, or as compared to total advertising; and/or
[5] Use of the establishment for adult entertainment of any type, generally, or as compared to total use thereof.
(b) Conclusively. The following shall be conclusive in determining substantial portion:
[1] Forty percent (40%) or more of floor area and cellar space accessible to customers allotted to adult entertainment of any type; and/or
[2] Forty percent (40%) or more of its stock-intrade in adult entertainment materials of any type; and/or
[3] Forty percent (40%) or more of its gross income derived from adult entertainment of any type; and/or
[4] Forty percent (40%) or more of its advertising devoted to adult entertainment of any type; and/or
[5] Forty percent (40%) or more of its business, generally, engaged in adult entertainment of any kind.
(5) Regulations.
(a) Location and size. In addition to any other requirements of the Code of the Town of Huntington, the location of adult establishments shall be restricted as follows:
[1] The lot line of an adult establishment shall not be located within one thousand five hundred (1,500) feet of the lot line of another lot on which another adult establishment is located.
[2] The lot line of an adult establishment shall not be located within one thousand five hundred (1,500) feet of the lot line of any sensitive receptor.
[3] No more than one (1) adult establishment shall be located on any one (1) lot.
[4] No adult establishment shall exceed more than two thousand (2,000) square feet of gross floor area.
(b) Nonconforming uses and structures.
[1] No nonconforming uses or structures may be changed to an adult establishment nor be altered to include an adult establishment.
[2] No nonconforming adult establishment may be expanded, may expand the adult entertainment portion of their business or be altered to include an additional form of adult entertainment.
[3] Amortization of nonconforming adult establishments.
[a] By grant of the Zoning Board of Appeals, as set forth hereinunder, adult establishments legally existing prior to, but rendered nonconforming by, adoption of this section shall nonetheless terminate after a period of time necessary to recover financial expenditures invested therein prior to February 1, 1999, but in no event longer than five years thereafter.
[b] In order to be permitted to continue operating for such period of time, an application shall be made to the Zoning Board of Appeals by the owner of such adult establishment within one hundred twenty (120) days of the effective date of this section.
[c] The Zoning Board of Appeals may issue a special use permit allowing such adult establishment to continue operating only for that period of time necessary to recover said financial expenditures, within the limits set forth hereinabove, and only after determining, based on evidence offered by the applicant, that:
[i] Prior to February 1, 1999, the applicant made financial expenditures related to the adult establishment; and
[ii] The applicant can demonstrate the actual amount of said financial expenditures; and
[iii] The applicant has not yet recovered substantially all of said financial expenditures, and how much; and
[iv] The amount of additional operating time necessary to recover such financial expenditures.
E. [Added 1-26-1999 by L.L. No. 2-1999] An establishment possessing a license to sell or serve alcoholic beverages for on-premises consumption shall. be subject to the following:
(1) The distance restrictions specified by the New York State Alcoholic Beverage Control Law.
(2) A forfeiture and revocation of a certificate of occupancy or of permitted use upon written notice, and no similar authorization to be issued for a period of two (2) years to any establishment occupying the same premises in the event that:
(a) In any six-month period more than two (2) separate summonses are issued for violations of a public assembly permit issued pursuant to §111-306 of the Code of the Town of Huntington; or
(b) In any six-month period more than one (1) summons is issued for selling or serving alcoholic beverages to minors.
(3) The forfeiture and revocation of authorization may be appealed to the Town Board within thirty (30) days of the receipt of notice thereof. Pending a determination by the Town Board, the effect of such forfeiture and revocation shall be strayed.
