[Amended 5-7-2002 by L.L. No. 13-2002]

The Zoning Board of Appeals consisting of seven (7) members previously appointed in accordance with the provisions of § 267 of the Town Law, as amended, shall be continued. The Town Board shall designate the chairperson thereof. Each member shall serve for a term of seven (7) years which shall be staggered pursuant to § 267 of the Town Law and no member shall serve for more than two (2) full terms of office. Term limits shall apply to appointments made after the effective date of this section. It is the intention of the Huntington Town Board to expressly supercede and/or expand the provisions of § 267(2), (6) and (7) of the Town Law as it relates to the maintenance of a seven-member board and the creation of term limits by virtue of the powers conferred upon it in § 10(1)(d)(3) of the Municipal Home Rule Law.

The Board of Appeals shall have the following general powers with respect to this chapter:

A. To hear and decide appeals from any order, requirement, decision or determination of the Building Inspector where it is alleged that there is error in any such action.

B. To decide any question involving the interpretation of a provision of this chapter and to determine and establish the true location of district boundaries in a disputed case.

C. To hear and decide special exceptions or conditional uses upon which such Board is required to pass under the terms of this chapter, and to grant any special use permit or special exception where the provisions of this chapter reserve such grant to the Board of Appeals.

D. To authorize, upon appeal from a determination of the Building Inspector, a variance or modification in the strict application of the terms of this chapter where literal enforcement would result in practical difficulty or unnecessary hardship.

**Webmasters Note: The previous sections, 198-107.A(2) through 198-109.D, have been amended as per a supplement dated 7-15-2002.

E. To permit additions or structural alterations to special uses approved by the Town Board or to uses in special districts approved by the Planning Board where such additions or structural alterations do not require variance or modification of the conditions originally set forth.

F. To determine the proper location for a building on a lot or to determine the proper location and extent of yards and setbacks as required by this chapter either in the case of irregularly shaped lots, where the Building Inspector shall find that be is unable to make such determination, or in the case of a lawful minor encroachment if not more than five percent (5%) variation or one (1) foot, whichever is less, where the Building Inspector shall request authorization to issue a building permit. [Amended 1-26-1999 by L.L. No. 2-1999]

G. The Zoning Board of Appeals shall not grant or deny any application until it has been classified according to the State Environmental Quality Review Act (SEQRA) and, in the case of unlisted or Type I actions, until the SEQRA process has been completed. [Added 12-22-1987 by Ord. No. 87-ZC-185; amended 4-18-2000 by L.L. No. 9-2000]

H. Within the Local Waterfront Revitalization Area, the Zoning Board of Appeals shall not grant or deny any application until the Director of Maritime Services has issued a written determination of consistency with the policies and purposes of the Town of Huntington Local Waterfront Revitalization Law.' [Added 4-18-2000 by L.L. No. 9-2000]

A. The Board of Appeals is hereby authorized to issue special use permits and special exceptions where such issuances are made subject to the approval of the Board of Appeals. Before granting any such special use permit or exception, the Board of Appeals shall make such findings as are set forth in § 198-66 of this chapter, and the issuance of such permit or special exception shall be subject to the special requirements and conditions specified for the use and to the district regulations or other regulations of this chapter. In the case of any conflict between special requirements and other regulations, the regulations which impose the more restrictive standards shall apply to any special use permit or special exception.

B. A special use permit or special exception may be issued for a specified period of time or may be issued subject to periodic renewal, and such renewal or extension shall be subject to the procedures specified for the original permit unless otherwise specified in this chapter. The record relating to the issuance of a special use permit or special exception shall specify the conditions and requirements under which such permit was issued, and in cases where the Board of Appeals shall deny a special use permit or special exception, the reasons for such denial shall be set forth.

C. In addition to powers and duties conferred upon the Board of Appeals elsewhere in this chapter, the Board is authorized to grant special exceptions in the following cases and may authorize the issuance of permits in appropriate instances:

(1) Depth extension. Where a business district is one hundred fifty (150) feet or less in depth, the Board may permit a proposed business use to extend not more than one hundred (100) feet in additional depth. The applicant shall specify the need for such depth extension, and the Board of Appeals shall find that such extension is required for the reasonable use of the property.

(2) Lot adjacent to nonconforming use. The Board may permit such modification of the provisions of this chapter as is necessary to secure an appropriate development of a lot bounded on two (2) or more sides by premises on which the buildings are nonconforming.

(3) Lots bisected by zone line. Where a use district boundary line crosses a lot, the Board may permit the extension of a building or the location of an accessory off-street parking or loading area or the extension of a use of either classification into the whole lot, provided that:

(a) The character and value of adjoining properties will be safeguarded.

(b) Such extension will not increase the ground floor area of a building by more than fifty percent (50%).

**Webmasters Note: The previous sections, 198-109E through 198-110C(3)(b), have been amended as per a supplement dated 8-1-2000.

(c) Such extension shall not exceed one-third (1/3) the area, frontage or depth of the lot.

(4) Overnight parking or outside storage. The Board may authorize, with proper safeguards and with screening where necessary, the use of part of a lot for overnight parking of commercial vehicles or outside storage of materials where such uses are accessory to a permitted use and necessary to its operation and are not otherwise specifically permitted in the district regulations. Overnight parking areas and outside storage areas shall be designated on the site plan and shall not be located within any portion of a front yard nor street-side yard on a comer lot.

(5) Golf courses. The Board may authorize the establishment of a golf course in a residence district, subject to the following:

(a) Any such golf course shall consist of tees, greens and grass fairways with a minimum distance of fifty (50) yards between each tee and green. There shall be no more than an average of one (1) hole for each two (2) gross site acres in the total tract.

(b) A practice driving range shall be permitted only where accessory and incidental to a golf course, provided that there shall be no more than one (1) driving tee for each acre in the total tract and no artificial lighting shall be allowed.

(c) There shall be no more than one (1) accessory clubhouse or other building designed to provide for lockers, enclosed eating facilities without takeout privileges and shop for the sale of golf equipment.

(d) An accessory building for the storage and maintenance of equipment and machinery used in connection with a golf course may be permitted.

(e) No parking or loading area shall be located within a required side or rear yard nor within twenty-five (25) feet of the front property line.

(f) No building or structure shall in any case exceed two and one-half (2 ) stories or thirty-five (35) feet, including fences and lighting standards.

(g) No artificial illumination installed for the purpose of allowing nighttime use of a golf course or accessory driving range shall be permitted.

(h) No bullhorns, loudspeakers or other means of sound amplification shall be permitted where such use will adversely affect adjacent properties.

(i) Front, side and rear yards shall not be less than one hundred (100) feet in depth and the plot shall not be less than twenty (20) acres.

[Amended 912-72 by Ord. No. 72-ZC-36]

A. In any case where the Board of Appeals is empowered to issue a special use permit, approve a special exception or authorize a variance, said Board may impose such conditions or restrictions as are deemed necessary in the specific case in order to:

(1) Minimize the effects of the use, exception or variance upon other property in the neighborhood.

(2) Assure a harmonious arrangement of use.

(3) Implement the spirit and objectives of this chapter.

B. Any such conditions or restrictions shall become a part of any building permit or certificate of occupancy thereafter issued for the premises involved, and failure to comply with such conditions and restrictions shall constitute a violation of this chapter. Any such failure to comply may thereafter constitute grounds for denial or revocation of the building permit or certificate of occupancy or for any other appropriate remedies. Such failure to comply shall be a violation subject to prosecution under §198-125 of this chapter and, upon conviction, to the imposition of the fine and penalty as set forth in said section.

C. Special conditions or limitations may include any of the following:

(1) Location of principal and accessory buildings.

(2) Limitation of signs or advertising devices, including number, size, location, type and illumination.

(3) Limitation of amount, location, intensity and direction of exterior illumination.

(4) Amount, location and improvement of off-street parking and loading space.

(5) Type, location and design of drainage and drainage structures.

(6) Control of access and circulation within the premises.

(7) Grading and the location and type of retaining walls or structures.

(8) Landscaping, screening, fencing and walls, including the location and type of planting and fencing required for screening purposes.

(9) Hours of operation.

(10) Structural changes, including the installation of storefronts.

(11) Control or elimination of smoke, dust, gas, noise, vibration, odor and lighting.

(12) Sound amplification devices.

(13) Other conditions found by the Board to be necessary.