A. Use regulations. In the R-80 Residence District, a building or premises shall be used only for the following:
(1) Single-family dwellings.
(3) Churches, temples, parish houses, convents, monisteries.
(4) Public schools.
(5) Private elementary and secondary schools providing full-time day instruction and having a course of study approved by the New York State Department of Education, colleges and universities, provided that the plot shall comprise at least eight acres and that the building and site development plans have been first submitted to and approved by the Planning Board as providing adequate parking, traffic control, setbacks and recreation areas for the proposed use. The Planning Board may make any reasonable modifications in such plans to promote safety, health and general welfare of the community, preserve the general character of the neighborhood and conserve property values, and no building permit shall be issued until such plans have been approved.
(6) Library, museum or art gallery conducted to serve primarily the residents of the town and operated by a municipal agency or by a nonprofit agency organized or chartered locally for the purpose.
(7) Town park, playground, athletic field, beach, bathhouse, boathouse, marina or other town recreational use.
(8) Municipal parking field.
(9) Fire station.
(10) Municipal water supply reservoir, tank, standpipe, pumping station or filter bed, provided any tank or standpipe shall be set back from all lot lines a distance equal to the height of the structure.
B. Accessory buildings and uses as follows:
(1) A temporary sales office or building accessory to a permitted real estate development or construction operation, provided such building shall be removed upon completion of the operation or at the end of a period of two years from the date of issuance of the permit.
(2) Home occupations.
(3) Retail sale of agricultural products grown on the premises or of animals raised thereon, provided that any stand for the display of products shall be subject to the issuance of a special use permit by the Zoning Board of Appeals and shall not be placed closer than 30 feet to any street or road.
(4) The keeping or raising of dogs, cats or small animals and birds commonly considered to be household pets, but excluding cattle, poultry and mink. Such activity shall be clearly accessory and incidental to the principal residential use, and the breeding, keeping or raising of such animals or pets as a business activity shall not be permitted. No structure, fenced run or other enclosure for the shelter of such animals or pets shall be located within a required front yard nor within 25 feet of any side or rear lot line.
(5) The keeping or raising of saddle horses or other equine livestock, provided that such activity shall be accessory to the principal residential use of the property, the activity shall be conducted for the use of the resident and no boarding or rental of livestock shall be permitted. In addition, the following limitations shall apply:
(a) Not more than three such animals per acre shall be kept except where the Board of Appeals shall find, after hearing, that the lot area and stabling facilities are adequate to assure that no adverse effect will be exerted upon adjoining property as a result of noise, smell, vermin or safety hazard.
(b) No barn, stable or roofed structure for the shelter of horses shall be located within 30 feet of any side or rear property line nor within any front or side yard which lies between the principal residential structure and the street, except that such setback need not exceed 75 feet.
(c) No fenced run or other unroofed enclosure for the sheltering or restraint of horses shall be located within 10 feet of any side or rear property line nor within any front yard which lies between the principal residential structure and the street. In the case of a corner lot where the side yard abuts a street, a fenced run or other unroofed enclosure may be located in accordance with the side yard requirements of the district, but the setback shall not be less than 15 feet in any case.
(6) Any and all accessory buildings or enclosures, fences or runs for the restraint of saddle horses or equine livestock legally in existence at the enactment of this chapter may be continued and maintained for such use.
(7) Any use or building clearly accessory to a permitted use, including but not limited to: private garages; barns; swimming pools; accessory off-street parking; loading areas; and duly licensed nursery schools and/or day-care centers appurtenant to a religious institution. [Amended 1-25-1994 by Ord. No. 93-ZC-317; 1-25-2000 by L. L. No. 1-2000]
(8) Identification signs as regulated in Article XIV.
(9) An accessory apartment dwelling permitted subject to conditions imposed by the town pursuant to this article. [Added 1-22-1991 by L. L. No. 1-1991 amended 8-30-1994 by L. L. No. 6-1994; 9-19-1995 by L. L. No. 3-1995; 4-17-1996 by L. L. No. 7-1996]
(10) Bed-and-breakfast homestay. [Added 6-10-1997 by L. L. No. 13-1997]
(a) Requirements.
[1] A bed-and-breakfast homestay may be permitted by the Town Board only after a public hearing. The Town Board may impose conditions, as appropriate, on the use, if it is permitted.
[2] The applicant for a bed-and-breakfast homestay must demonstrate to the Town Board that permitting such a use will not adversely effect the character of the neighborhood in which the use is proposed.
[3] Traffic attributed to the bed-and-breakfast homestay must not result in significant adverse impacts to existing traffic patterns nor create a hazard to pedestrians in the neighborhood.
[4] Sufficient on-site parking must be provided. Said parking shall be in a driveway or behind the main residence on the property that is under review for the permit. Vegetative buffers and/or fencing shall be provided where possible, such that it will be in keeping with the character of the rest of the neighborhood and cars parked in the rear of the subject property shall be substantially out of view of the neighbors. Accommodations for one car per bed-and-breakfast homestay room and two cars for the residing family shall be the minimum off-street parking provided. Existing driveway(s) may be used at their existing width and location in order to not change the character of the residence. Parking can take place on a hard paved surface or on a gravel surface. Grading of such areas will be required, however, provided that runoff can be contained on the subject property, in-ground drainage structures may be limited to dry wells.
[5] All outward appearances of the residence in which the bed-and-breakfast homestay will be located must remain as it was before the permit was issued. A new entrance (doorway) shall not be installed by the applicant to accommodate the bed-and-breakfast. Landscaping around the house may be changed to accommodate the new use.
[6] A bed-and-breakfast may not be any closer than 500 feet, in any direction, from another site that has a permit for the same use.
[7] There shall be no cooking facilities in the rooms, nor shall there be any rooms for overnight guests, other than in the main building on the lot. There shall be no structural alterations that prevent the building from being used as a residence. The only meal served shall be breakfast and it shall be served only to guests. No guest shall stay at a particular bed-and-breakfast homestay for more than seven consecutive days, nor more than 30 days in any one-year period. The operator shall keep a guest register for three years, which shall include the names, addresses and dates of occupancy of all guests and which shall be made available to examination by an authorized representative of the town on one day's notice. The bed-and-breakfast use must be clearly accessory to the principal residential use of the building.
[a] The residence shall be the primary residence of the owner, who is also the operator.
[b] The residence shall be in an historic district or historic site designated pursuant to Town Code §§ 198-40 and 198-41.
[c] Required parking for guests, that may be located in the rear of the property, shall be buffered with landscaping to substantially conceal the cars from the neighbors.
[d] The residence shall have no commercial-type lighting outside the building, and signage announcing the use shall be limited to a single plaque or hanging sign with maximum dimensions of one foot by three feet.
(b) Procedure.
[1] An application and nonreturnable fee of $250 shall be submitted to the Town Clerk, who shall accept the same on behalf of the Town Board and send the application to the Planning Department for review. An environmental assessment form, Part I, a deed and a disclosure form shall be submitted with each application. Five copies of a sketch or site plan indicating changes to parking, grading, drainage and/or landscaping shall also be submitted. The Planning Department shall review said application and make a recommendation to the Town Board within 90 days as to compliance with the State Environmental Quality Review Act (SEQRA) regulations and the merits of holding a public hearing. This time frame is directory in nature, and should the staff of the Planning Department require more information and/or more time to evaluate the application, the Town Board and applicant must receive timely notification, and an approximate date of completion must be provided along with that notification. Should a draft environmental impact statement be required, then the requirements in SEQRA concerning the time frames for further review shall prevail. The Town Board may decline to hold a public hearing without any further input on the matter. Inasmuch as the application for the bed-and-breakfast homestay must be in an historic house or district, pursuant to Town Code §§ 198-40 and 198-41, the Planning Department shall forward the application to the Historic Commission for a recommendation. The Historic Commission shall coordinate its review with the Building and Housing Department and the Planning Department and send its recommendation to the Town Board within the time frame allotted above (90 days) . The Town Board shall not schedule a public hearing until all of the departments have made their recommendations concerning the application. The public hearing, if one is held, shall be advertised in a newspaper of general circulation at least 15 days before the hearing. In no less than 10 days prior to said hearing, notice must be sent by the applicant to every homeowner within a radius of 500 feet of the subject property announcing the hearing. The applicant must submit an affidavit of mailing, listing all of the names and addresses of the landowners that were notified, to the Town Clerk at least four days before the hearing. If the Town Board issues a permit, the applicant shall make application to the Building and Housing Department for alterations, should any be necessary, to the interior of the house in order to accommodate the new use. If no alterations are necessary then only an application for a certificate of permitted use (C of O) shall be applied for. All town and state building and fire codes will be complied with in this process. [Amended 8-26-1997 by L. L. No. 17-1997]
[2] Upon recommendation of the Town of Huntington Public Safety Department, the Engineering Services Department and/or the Town Attorney's office, the Town Board may schedule a public hearing to review any permit issued under this section of the Code. Upon a finding by the Town Board that the proprietor of a bed-and-breakfast homestay is not in compliance with any condition of the permit or of any section of the Code of the Town of Huntington, the permit issued under this section may be revoked by the issuing board. If a permit is revoked, then the owner or his/her successors in occupancy or ownership may not reapply for the same use by way of the above process for five years from the date of the revocation.
C. Off-street parking and loading regulations. See Articles VII and VIII.
D. Height, area and bulk regulations. See Article IX.
E. Supplementary use regulations and conditionally permitted uses. See Article XI.
F. Supplementary height, area and bulk regulations. See Article IX.
G. (Reserved)
H. Special Historic Building Overlay District. [Added 10-22-1996 by L. L. No. 11-1996]
(1) Uses of historic buildings and buildings in historic districts. In addition to those uses permitted as of right pursuant to this section and the uses enumerated as conditional uses pursuant to § 198-68, the Town Board may permit additional uses in a historic building and in buildings located within a historic district after a public hearing and in accordance with the provisions of this subsection.
(2) Purpose and intent.
(a) The Town Board has previously determined and reaffirms its commitment to the preservation of buildings of historic significance and determines that the conservation, protection and perpetuation of historic buildings is a public necessity in harmony with the Comprehensive Town Plan and will promote the educational, cultural, economic, social and general welfare.
(b) The Town Board, in accordance with Article 5, Section 96-a of the General Municipal Law, determines that the preservation, conservation and protection of the structures and buildings herein provided will secure the objective and intent of safeguarding those buildings that serve to link Huntington's past social and cultural history with its present and will enhance and promote the Town of Huntington's attractiveness to residents, businesses and cultural interests.
(c) The Town Board has become aware of the cost of restoring and maintaining buildings of historic significance.
(d) It is the intent of the Town Board to provide for, perpetuate and regulate the use and operation of buildings of historic significance when such uses may be needed to defray the cost of maintenance.
(e) It is the intent of the Town Board to decide what uses in historic buildings should be permitted pursuant to the provision of this subsection of the Code of the Town of Huntington.
(3) Procedure for consideration.
(a) Application. The property owner shall apply to the Town Board by submitting an application to the Town Clerk, together with a copy of the deed, lease or other documentation demonstrating the right to use the property. In addition, the application shall be accompanied by site and elevation plans indicating any proposed alterations to the site and/or the building. The application shall be submitted, together with the disclosure form supplied by the Town Clerk and an Environmental Assessment Form (EAF) Part I as required pursuant to the SEQRA regulations.
(b) Fees. The nonrefundable application fee of $500 base fee and the further sum of $100 per acre for the whole site or any part thereof shall be paid to the Town Clerk to accompany the application.
(c) Review.
[1] The Town Clerk, upon receipt of the application, shall forthwith forward a copy of the submission and accompanying documentation to the Planning Department. The Planning Department staff shall review the application and submit a planning report to the Town Board, together with an analysis pursuant to the State Environmental Quality Review Act (SEQRA) . The report shall be submitted to the Town Board within 60 days of the determination by the Planning Department staff that the application is complete. Application completeness shall be determined within 15 days of the application being received in the Planning Department, and the criterion for making such determination shall be whether there is sufficient information supplied by the applicant to complete the EAF Parts II and III. It shall be incumbent on the applicant to supply, in a timely manner, all information requested by the staff in order that the process not be delayed. It will be the responsibility of the Planning Department staff to, when necessary, meet all time frames, coordinate and file all notices on behalf of the Town Board in order to facilitate compliance with the SEQRA regulations. The Town Board shall not schedule a public hearing prior to the receipt of the report and SEQRA analysis from the Planning Department.
[2] Simultaneously with the forwarding of the application to the Planning Department, the Town Clerk shall forward a copy of the application and the accompanying documentation to the Historic Preservation Commission. The Historic Preservation Commission shall review the application and submit a report and recommendation to the Town Board within 60 days of the receipt of the application.
(d) Public hearing. The public hearing to be held by the Town Board to consider the application shall be noticed in the same manner as required in § 198-129 of the Town Code.
(4) Minimum application requirements.
(a) The building or buildings in which the use is sought shall have been designated a historic landmark in accordance with the provisions of Article VI of the Code of the Town of Huntington, § 198-40, et seq.
(b) The lot on which the building is located shall contain more than 15 acres as depicted on the Suffolk County Tax Map as of the enactment of this subsection.
(c) The use will not create undue traffic congestion or traffic hazard.
(d) The use will not adversely affect the value of property or the character or pattern of development of the neighborhood.
(e) There shall be no structural or decorative alterations or additions that impair the exterior residential character and/or historical or architectural significance of the structure.
(f) Proof that the unique nature of improvements to restore and maintain structures and sites of the type contemplated pursuant to this section are such that the owner can not bear the financial burden associated therewith unless the structure is permitted to be used in accordance with the provisions of this section.
(5) Town Board action.
(a) The Town Board shall consider the application and take action thereon by the adoption of a local law by resolution of approval or denial. Should the recommendation of the Town Historic Preservation Commission include proposed conditions or be a negative recommendation concerning an application, then action to override the negative recommendation or condition(s) shall only be by super-majority requiring four affirmative votes of the Town Board.
(b) The Town Board, on its own motion, may call witnesses, including but not limited to architects, engineers, architectural historians and any other experts on historic buildings and sites.
(c) The resolution of approval shall be entered in the minutes of the Town Board and shall be published and posted in the same manner as an amendment to the Zoning Code and in accordance with the procedure for adoption of a local law.
(6) Conditions. The Town Board may approve the application and may impose any or all of the following conditions:
(a) Limitation on the maximum number of persons that may be accommodated on the premises at any one time.
(b) Limitation upon the hours of operation.
(c) The imposition of conditions regarding more stringent setback requirements than would otherwise be required in the district.
(d) Conditions on the alteration and expansion of the structure.
(e) A condition that the site plan be reviewed and approved by the Planning Board.
(f) The specific limitation on the uses that are allowed and permitted on the premises and restrictions, if any, as to the portions of the building where such uses may be conducted.
(g) Such other reasonable conditions that are consonant with the conservation of the historic resource and in harmony with the objectives of the Code and the Comprehensive Plan of the Town of Huntington.
(7) Restrictive covenant. The applicant shall be required to execute a restrictive covenant to be filed in the office of the Suffolk County Clerk and to run with the land and for the benefit of the Town of Huntington specifying that the land and structure shall be restricted to the uses and limited by the conditions set forth in the Town Board resolution of approval.
(8) Termination of approved use.
(a) Upon approval by the Town Board of a specific use or uses, such use or uses will be removed or converted to a conforming use upon the termination or abandonment of the use approved by the Town Board or the destruction of more than 50% of the landmark by natural or other means.
(b) In addition to the rights of injunctive relief the Town Board shall have the right to terminate the approved use in the event that the imposed conditions are not complied with. In the event that the Town Board seeks to terminate the use pursuant to this provision it may do so after a public hearing. The owner and the user occupant shall be given at least 10 days' notice of such public hearing. The Town Board may take such action as it deems appropriate, including the revocation of the approved use.
I. [Added 12-12-2000 by L. L. No. 37-2000] Affordable housing requirement. Every residential subdivision of land or site plan that results from an applicant-initiated zone change, resulting in an intensification over the original zoning, that occurs after the enactment of this subsection of the zoning code, shall comply with the requirements herein to provide affordable housing as a condition of the change of zone. These requirements shall apply to the R-5, R-7, R-10, R-15, R-20, R-40, R-80, R-3M and R-RM Districts and any other residence district(s) that may be adopted by the Town Board in the future. This subsection shall also apply to any commercial district that may, upon the enactment of this subsection or in the future, permit residential development. [Note: The words "subdivision" and "site-plan" shall be used interchangeably when the development results in residential units. ]
(1) For any dwelling yield greater than that which could have been attained without the zone change, in subdivisions/site plans totaling ten (10) or more residential lots, twenty percent (20%) of the homes shall be affordable, in accordance with the following formula. [Note: The words "dwelling," "home," "house," "units" and "lot" may be used interchangeably and shall mean the number of residences that will be achieved by the applicant after Planning Board action. ]
(a) The cost of the affordable dwellings shall be such that a family/household earning no more than eighty percent (80%) of the HUD median family/household income (based on family/household size) for the metropolitan area shall be able to afford to purchase such a unit. In determining affordability, mortgage interest rates, minimum down payment, homeowner's insurance and property taxes shall be considered among all of the factors that are taken into account. For senior citizens, the median household income for the metropolitan area for senior citizens shall be used as the standard.
(b) The affordable homes that will be created shall not be age restricted, except those that are created in the R-RM Retirement District. Of the non-age-restricted affordable homes that are created, fifty percent (50%) of them shall have two (2) or more bedrooms.
(2) Process.
(a) In order to determine the number of affordable homes that must be provided in such a subdivision the applicant must first provide, for the Planning Board's review and approval, a fully conforming lot yield study for the subject property, at the zoning classification before the zone change took place. This must include:
[1] A conforming road configuration; and ,
[2] A park set-aside, which requirement may be modified by action of the Town Board; and
[3] Drainage and grading in conformance with the Subdivision Regulations and site improvement specifications, as well as the zoning requirements for the district before the zone change; and
[4] Conformance, if any, with the "steep slope" requirements in the Code; and
[5] Conformance with wetland requirements, if any; and
[6] Compliance with any and all other applicable laws and/or regulations then in effect.
(b) The applicant must than provide a fully conforming lot yield study, with all of the components as in Subsection I(2) (a) [1] and [2] above, at the new zoning classification.
(c) The difference in the number of lots between the two (2) yield maps shall be the number upon which the twenty percent (20%) shall be assessed.
(d) Of the twenty percent (20%) affordable homes, the developer must provide at least ten percent (10%) of the homes on lots within the subject subdivision. In lieu of providing the remaining ten percent (10%) the developer may choose to pay a fee to an Affordable Housing Trust and Agency Fund which will be administered by the Town of Huntington Community Development Agency. Said fund shall be created and managed by the Town of Huntington Comptroller, and the fee shall be based on the number of affordable lots not provided. Said funds must be paid to the Town of Huntington on or before the signing of the subdivision or site plan map. The Planning Board shall specify the fee amount in their resolution of subdivision or site plan approval.
[1] Seventy-five thousand dollars ($75,000) per lot/dwelling in the R-5, R-7, R-10, R-15, R-3M and R-RM Zoning Districts.
[2] One hundred fifty thousand dollars ($150,000) per lot in the R-20 Zoning District.
[3] Two hundred thousand dollars ($200,000) per lot in the R-40 Zoning District.
[4] Any zoning district that may be adopted in the future shall pay the commensurate sum in accordance with the dwelling/lot yield for the above classification closest in yield, rounded to the nearest classification in yield. The foregoing dollar amounts shall be subject to upward increase based on the increase in property values. The calculation and frequency of the increases shall be as recommended by the Affordable Housing Advisory Board and approved by resolution of the Town Board.
(e) An Affordable Housing Advisory Board is hereby created for the purpose of administering this fund in accordance with rules and regulations submitted by the Advisory Board and approved by the Town Board. [Amended 11-20-2001 by L. L. No. 19-2001]
(f) The funds so collected held in the Affordable Housing Trust and Agency Fund shall be used for the following housing-related initiatives for projects as well as for families/households that qualify for assistance pursuant to the Federal Housing and Urban Development (HUD) guidelines:
Said funds shall be used to finance affordable housing initiatives that increase the number of available affordable units, including but not limited to the following: renovation to existing homes, down payment assistance, purchase of land, construction of affordable homes, purchase of homes, rent assistance, sewer district extension and/or connection, mortgage assistance, purchase subsidies and planning studies the purpose of which is to increase housing stock available for affordable housing initiatives.
(g) Management of Affordable Housing Trust Fund.
[1] Town Board.
[a] No expenditures shall be made from these funds except upon the specific authorization of the Town Board, pursuant to and for the purposes described in this chapter, and based on the recommendations of the Affordable Housing Advisory Board established hereunder.
[b] The Town Board shall appoint members to the Affordable Housing Advisory Board, and a Chairperson thereto none of whom shall be Town or Community Development Agency employees. The Affordable Housing Advisory Board shall be comprised of thirteen (13) voting members who shall serve without compensation. Each Town Board member shall appoint one (1) individual whose term of office shall coincide with that of the sponsoring Town Board Member. The Town Board shall select five (5) persons from among the member organizations of the Huntington Township Housing Coalition whose term of office shall be staggered as follows: one individual to serve for a one-year term, two individuals to serve for a two-year term and two individuals to serve for a three-year term. The Town Board shall appoint three (3) additional persons, who shall be representatives of the various school districts within the Town and who shall be selected by the Town Board, at large, and who shall serve for a term of three years. In addition, the Director of the Huntington Community Development Agency or their designee: the Director of the Planning Department or their designee; and the Town Attorney or their designee shall serve as ex-officio, nonvoting members. [Amended 11-20-2001 by L. L. No. 19-2001; 5-24-
2005 by L.L. No. 21-2005]
**Webmasters Note: The previous subsection has been amended as per Local Law No. 21-
2005.
[c] The Advisory Board established hereunder shall develop criteria for the expenditure of funds for affordable housing purposes and shall submit same to the Town Board for approval. The Advisory Board shall make recommendations to the Town Board based on said criteria.
[2] Town Comptroller. The Town Comptroller shall have the power to invest, from time to time, the moneys of these funds, in accordance with the General Municipal Law, Article 2, General Municipal Finances, and any other appropriate statutes of the laws of the State of New York.
(h) As an alternative to building the ten percent (10%) mandated affordable housing on the subject site, the applicant may propose and the Planning Board may consider a plan to build the affordable homes on land within a one-half-mile radius and the same school district of the subject property and zoned in such a way as to yield the same or greater affordable housing yield than would have been attained on the original property. No building permit may be issued for the subject site unless a building permit has been issued for the off-site affordable housing hereunder. No certificate of occupancy for the subject property may be issued until a certificate of occupancy has been issued for the off-site affordable housing hereunder. The Planning Board shall impose such restrictive covenants to aid enforcement of this provision as it may deem advisable.
(i) The affordable housing that is created in a subdivision pursuant to this subsection shall remain affordable in perpetuity. Said homes shall not be expandable (made larger) , except as may be conditionally approved by the Zoning Board of Appeals pursuant to criteria hereafter approved by the Town Board, based on recommendations of the Affordable Housing Advisory Board. To maintain a consistent streetscape throughout the subdivision, said dwellings may not stand out by their location or appearance, as determined by the Planning Board. Extras shall be limited to a second bathroom where only one (1) is offered. Handicapped accessibility shall be a requirement for all affordable homes built pursuant to this subsection.
(j) Resale of the affordable dwellings shall be administered by the Town of Huntington Community Development Agency, which shall have right of first refusal on all units. Resale price shall be no more than the original selling price for the first five (5) years after purchase. After five (5) years and up to ten (10) years from the original date of purchase, seventy-five percent (75%) of the increase in the sales price above the original purchase price must be paid to the Affordable Housing Trust Fund at or prior to closing (or credited to the Community Development Agency in a purchase by the Agency) . After ten (10) years from the original date of purchase, fifty percent (50%) of the increase in the sales price above the original purchase price must be paid to the Affordable Housing Trust Fund at or prior to closing (or credited to the Community Development Agency in a purchase by the Agency) . For each affordable housing unit, a covenant and restriction shall be filed and recorded in the office of the Suffolk County Clerk, to reflect the restriction contained herein against such property.
(k) Prior to granting a re-zone subject to this section, the Town Board is hereby required to evaluate and make findings regarding the impact of the proposed re-zone to determine if there are adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences.
J. Special Agricultural-Retail Overlay District. [Added 12-12-2000 by L. L. No. 38-2000]
(1) Purpose and intent. It is the intent of the Town Board to decide what uses in the Agricultural-Retail Overlay District should be permitted pursuant to the provisions of this subsection of the Code of the Town of Huntington, provided that the retail uses are restricted to food, flowers and nursery products and may include an animal farm and children's parties.
(2) Definition. Notwithstanding any other section[s] of the Town Code, NURSERY PRODUCTS shall be defined as plants grown in pots or in the ground, propagated on-site or off-site, seeds, peat moss ancillary products such as potting soil, plastic or clay pots, watering cans, hoses, rakes, shovels, pitchforks, trowels, sprinklers, trellises, etc. ; but specifically excluding garden and railroad ties, gravel, stone, sand, lawnmowers, tractors, other motorized garden equipment, repair of motorized garden equipment, concrete lawn ornaments including bird baths and statuary of any kind, bird feeders and bird food, etc.
(3) Uses of property and buildings used for agricultural, farm and nursery use. In addition to those uses permitted as-of-right pursuant to this section and the uses enumerated as conditional uses pursuant to § 198-68, and notwithstanding any other section[s] of the Town Code, the Town Board may, after a public hearing, permit additional uses for agricultural, farm or nursery property in accordance with the provisions of this subsection.
(4) Procedure for consideration.
(a) Application. The property owner shall apply to the Town Board by submitting an application to the Town Clerk together with a copy of the deed, lease or other documentation demonstrating the right to use the property. In addition, the application shall be accompanied by site and building elevation plans indicating any proposed buildings and structures. The application shall be submitted together with the disclosure form supplied by the Town Clerk and an environmental assessment form (EAF) Part I as required pursuant to the SEQRA regulations. A traffic study shall be submitted to the Town Clerk.
(b) Fees. The nonrefundable application fee of one thousand dollars ($1,000. ) base fee and the further sum of one hundred dollars ($100. ) per acre for the whole site or any part thereof shall be paid to the Town Clerk to accompany the application.
(c) Review. The Town Clerk, upon receipt of the application, shall forthwith forward a copy of the submission and accompanying documentation to the Planning Department. The Planning Department staff shall review the application and submit a memorandum as to compliance with this subsection of the Code, together with a draft review pursuant to the State Environmental Quality Review Act (SEQRA) , for consideration by the Town Board. The memorandum shall be submitted to the Town Board within sixty (60) days of the determination by the Planning Department Staff that the application is complete. The criteria for making such determination shall be whether there is sufficient information supplied by the applicant to determine whether all of the requirements of this subsection are met and to prepare the environmental assessment form (EAF) Parts II and III. The applicant shall provide all information requested by the staff, in a timely manner, in order that the process not be delayed. The above sixty-day time limit shall automatically extended upon notice, in writing, by the Planning Department staff to the applicant that there is some item either missing or not in compliance with this section of the Code. Upon resubmission by the applicant, the sixty-day limit to send the Planning Department memorandum and SEQRA analysis to the Town Board shall commence once again. The Town Board shall not schedule a public hearing prior to the receipt of the memorandum and SEQRA analysis from the Planning Department. The applicant's failure to respond to a staff request for corrected or missing information within sixty (60) days of such request shall deem the application null and void. Any further consideration of the subject matter covered by the null and void application shall require submission of a new application and payment of new fees.
(d) Public hearing. The public hearing to be held by the Town Board to consider the application shall be noticed in the same manner as required in § 198-129 of the Town Code.
(5) Minimum application requirements.
(a) The building or buildings in which the use is sought shall have been property that at the time of the application had been used for agricultural purposes, for a period of ten (10) years prior to the submission of the application, as set forth in § 198-13A(2) .
(b) The lot on which the building is located shall contain a minimum of fifteen (15) acres if on a Town road, or ten (10) acres if on a county road, or five (5) acres if on a state road. [Amended 5-
**Webmasters Note: The previous subsection has been amended as per Local Law No. 11-
2004.
(c) The traffic study submitted to the Town Clerk by the applicant shall be sent to the Department of Engineering Services, Traffic Safety Division, whereupon analysis will determine whether the use will or will not create undue traffic congestion or traffic hazard. Said study will be sent, by the Town Clerk, directly to the Department of Engineering Services, Traffic Safety Division, which staff shall coordinate with the Staff of the Department of Planning and Environment in sending their analysis to the Town Board.
(d) The applicant shall provide proof, through testimony and documentation by an appraiser, to the Town Board, that the use will not adversely affect the value of property or the character or pattern of development of the neighborhood.
(e) The applicant shall provide proof, through testimony and documentation, to the Town Board, that the owner cannot bear the financial burden of the continued use of the property for the allowable agricultural uses associated therewith unless the buildings and property are permitted to be used in accordance with the provisions of this subsection.
(f) The property shall have frontage on a state or county road or on a state- or county-owned major or minor collector or arterial street, and the vehicular traffic generated by the use shall not be directed primarily over minor residential streets.
(g) If located only on a Town road, the property shall be adjacent to or directly across the street from property zoned commercial pursuant to Article IV or industrial pursuant to Article V of this chapter. [Amended 5-4-2004 by L.L. No. 11-2004]
**Webmasters Note: The previous subsection has been amended as per Local Law No. 11-
2004.
(h) Signage shall be in conformance with the provisions of §§ 198-131C(2) as it applies to the C-
1 Office Residence District to include the business name and address, as well as all of the other provisions Article XIV of this chapter of the Code.
(i) Building lot coverage, exclusive of greenhouses used for growing plant material and buildings or portions of buildings devoted to the shelter and care of animals, shall not exceed six percent (6%) of the area of the subject property. In no case shall the combined square footage in all structures used for a retail food sales market be any greater than ten thousand (10,000) square feet. The sale of alcohol is strictly prohibited. [Amended 5-4-2004 by L.L. No. 11-2004]
**Webmasters Note: The previous subsection has been amended as per Local Law No. 11-
2004.
(j) No building shall be more than one (1) story except a nonrental, one-family residence, which shall be no more than one thousand five hundred (1,500) square feet.
(k) Notwithstanding any other section of the Huntington Town Code, the front yard parking setback, when accessory uses are permitted by the Town Board in accordance with this subsection, may be a minimum of twenty (20) feet from the front property line and parking may be permitted in the front of the building provided that there is sufficient room for safe access to all such parking spots. All other setbacks in the Code for the zoning district in which the property is located must be adhered to.
(l) Parking shall be permitted on paved, grass or a gravel surface. However, all surface runoff from such area must be contained on the subject site with the use of grading techniques, curbing and catch basins where necessary. This feature shall be reviewed and approved by the Department of Engineering Services, Division of Building and Housing, before a building permit is issued.
(m) A snack bar may be provided for the benefit of visitors to the property, provided that the dining area is limited to no more than twenty-five hundred (2,500) square feet, and that alcoholic beverages are not sold or otherwise provided or consumed on-site. Food service shall be limited to individual portions and fruit, but shall not include pizza pies. The preparation of warm or hot prepared food items produced anywhere on-site shall be limited to on-site consumption in the snack bar or in any outside dining areas conditionally permitted pursuant to §§ 198-68A(24). Catering, with the exception of fruit or vegetable baskets, is specifically prohibited. Notwithstanding any other provision of this law, on-premises parties are a permitted use, provided no alcoholic beverages are served or provided. [Added 5-4-2004 by L.L. No. 11-2004]
**Webmasters Note: The previous subsection has been added as per Local Law No. 11-2004.
(n) The retail shopping public shall not be permitted in the greenhouse area as specified in Subsection J(5)(i) above. [Added 5-4-2004 by L.L. No. 11-2004]
**Webmasters Note: The previous subsection has been added as per Local Law No. 11-2004.
(6) Town Board action.
(a) The Town Board shall consider the application and take action to approve or deny by the adoption of a local law by resolution.
(b) The Town Board, on its own motion, may call witnesses including but not limited to architects, engineers, appraisers, experts in agricultural techniques and finance, architectural historians and any other experts on historic buildings and sites.
(c) The resolution of approval or denial shall be entered in the minutes of the Town Board and shall be published and posted in the same manner as an amendment to the Zoning Code and in accordance with the procedure for adoption of a local law.
(7) Conditions. If the Town Board approves the application, any or all of the following conditions may be imposed:
(a) Limitation upon the hours of operation.
(b) Conditions on the alteration and expansion of the structures.
(c) The specific limitation on the uses that are allowed and permitted on the premises and restrictions if any as to the portions of the structures where such uses may be conducted.
(d) A limitation on the number and types of animals that shall be permitted on the property.
(e) Such other reasonable conditions that are consonant with the conservation of the character of the existing neighborhood, surrounding property values and agricultural and open space resources and that may be in harmony with the objectives of the Code and the Comprehensive Plan of the Town of Huntington.
(f) The uses shall be consistent with a retail farm market and sale of flowers and plants as well as those consistent with the operation of an animal farm and exhibit areas. The uses shall include the growing and sale of vegetables, flowers and garden products and the hosting of children's birthday parties.
(8) Restrictive covenant. The applicant shall be required to execute a restrictive covenant, to be filed in the office of the Suffolk County Clerk, to run with the land and which inures to the Town of Huntington and the citizens of the surrounding community, specifying that the land and structure shall be restricted to the uses and limited by the conditions set forth in the Town Board resolution of approval.
(9) Certificate of occupancy (certificate of permitted use) . All procedures leading up to the issuance of a certificate of occupancy (permitted use) shall be adhered to, and before issuance it shall be incumbent on the Department of Engineering Services, Division of Building and Housing, to ensure that all site plan and building code requirements are in conformance with town, county and State of New York regulations.
(10) Termination of approved use.
(a) Upon approval by the Town Board of a specific use or uses, such use or uses will be removed or converted to a conforming use upon the termination or abandonment of the use approved by the Town Board pursuant to this subsection.
(b) In addition to the rights of injunctive relief the Town Board shall have the right to terminate the approved use in the event that the imposed conditions are not complied with. In the event that the Town Board seeks to terminate the use pursuant to this provision it may do so after a public hearing. The owner and the user-occupant shall be given at least ten (10) days notice of such public hearing. The Town Board may take such action as it deems appropriate, including the revocation of the approved use.
**Webmasters Note: The previous section has been amended as per Local Law No. 19-2001.
