Town of Huntington, NY Article IV Commercial Districts

§ 198-22 C-1 Office-Residence District.

The regulations set forth in this article or set forth elsewhere in this chapter and applicable to the C-1 Office-Residence District are intended to encourage office development of a high character compatibly mixed with residence uses, principally for areas in which a similar pattern of use has occurred or for areas in which an office-residence pattern is appropriate between high-intensity commercial districts and residential neighborhoods.

A. Use regulations. In the C-1 Office-Residence District, a building or premises shall be used only for the following purposes:

(1) Any use permitted in the R-80, R-15 and R-5 Residence Districts.

(2) Business and professional offices, medical offices and office buildings, provided that no building may be constructed or altered to provide a show window, display window or storefront. There shall be no display of products in windows nor any storage of merchandise on the premises or in the building.

(3) Undertaking business or establishment or funeral home, provided that no off-street parking area shall be allowed in front of the building or within a yard which lies between the side of the building and the street if on a corner lot. All accessory vehicles shall be garaged when not in use.

(4) Studios for an artist, musician, photographer or sculptor, including the teaching of art, music or other artistic instruction.

(5) Accessory buildings and uses, including identification signs as regulated in Article XIV.

(6) Day-care centers when in full compliance with all state and county regulations for such use.

[Added 4-18-2000 by L.L. No. 8-2000]

(a) If an outdoor exercise area is contemplated it must be fenced and no closer than five (5) feet to a property line nor ten (10) feet from a parking area; and

(b) An adequate (at the discretion of the Planning Board, during site plan review) dropoff/pickup area must be shown on the plan.

(7) Multiple-family dwellings.

[Added 1-10-2012 by L.L. No. 2-2012]

B. Off-street parking and loading regulations. See Articles VII and VIII.

C. Height, area and bulk regulations. See Article IX.

D. Supplementary use regulations and conditionally permitted uses. See Article XI.

E. Supplementary height, area and bulk regulations. See Article IX.

F. Site development plan. Any and all building and site development plans for a proposed use shall be submitted to the Planning Board before an application for a building permit is made. The Planning Board shall review such plans and act thereon as specified and limited in Article XVII, and no building permit may be issued until the plans have been approved.

[Added 12-4-1991 by Ord. No. 91-ZC-266]

G. Security gates within the Huntington Village Business Improvement District.

[Added 7-11-1995 by Ord. No. 95-ZC-198]

(1) The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

(2) Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

(3) Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

§ 198-23 C-2 Office Building District.

[Amended 7-10-1973 by Ord. No. 73-ZC-1945; 2-15-1994 by Ord. No. 94-ZC-193]

The C-2 Office Building District is to provide for moderate intensity office/research and development district, situated primarily as a transitional zone between districts allowing industrial and higher intensity office uses and residential zoning districts.

A. Use regulations. In the C-2 Office Building District, a building or premises may be used only for the following purposes:

(1) Office buildings.

(2) Institutions engaged in research and testing of electronic, electrical and mechanical devices, including ancillary laboratories and related activities, provided that:

(a) No noise or vibration from accessory machinery is discernible by human senses at any lot line.

(b) No odor, dust or dirt is transmitted to the exterior of the building.

(3) Accessory uses and buildings, including employee cafeteria, auditorium, day-care facility, storage of records and materials incidental to the permitted use, off-street parking and loading, signs as regulated in Article XIV. Incidental sale of products is permitted. All storage shall be within a building.

B. Prohibited uses.

(1) Outdoor storage and sales of products or materials.

C. Off-street parking and loading regulations. See Articles VII and VIII. In addition, the following regulations shall apply:

(1) No parking area shall be located within twenty (20) feet of a front property line; within fifteen (15) feet of any other street side property line; within ten (10) feet of an interior lot line; nor within twenty (20) feet of a residence district boundary.

(2) Buffers surrounding parking areas shall be appropriately landscaped.

(3) Overnight parking for fleet vehicles shall be indicated on the site plan. Such an area shall not be situated in a required front yard or within a required street side yard.

D. Off-street parking and loading regulations. See Articles VII and VIII. In addition, off-street loading areas shall be located only at the side or rear of the lot, but no such area shall occupy a side yard which adjoins either a street or a residence district boundary, and no loading area shall be located within twenty (20) feet of such boundary.

E. Supplementary height, area and bulk regulations. See Article IX.

F. Supplementary use regulations and conditionally permitted uses. See Article XI.

G. Site development plan. Building and site development plans for a proposed use shall be submitted to the Planning Board before an application for a building permit is made. The Planning Board shall review such plans and act thereon as specified and limited in Article XVII, and no building permit may be issued until the plan has been approved.

H. Security gates within the Huntington Village Business Improvement District.

[Added 7-11-1995 by Ord. No. 95-ZC-198]

(1) The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

(2) Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

(3) Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

§ 198-24 C-3 Special Business District.

[Added 12-17-1996 by L.L. No. 14-1996]

Purpose. The C-3 Special Business District is set aside for personal and neighborhood services, oriented toward the local community and appropriate for locations in close proximity to residential development, and not otherwise appropriate for high intensity commercial development.

A. Use regulations. In the C-3 Special Business District, a building or premises may be used only for the following purposes:

(1) Single-family and two-family dwellings.

(2) Personal service shops to include barbers, hair stylists, nail salons, dog grooming, opticians, custom dressmaking and tailoring, millinery, shoe repair, watch repair and jewelers, camera repair, the repair of small household appliances, dance studios, martial arts studios and day-care centers.

[Amended 8-19-1975 by Ord. No. 75-ZC-58; 12-17-1996 by L.L. No. 14-1996]

(3) Neighborhood service shops to include photographic studios, confectioneries, bookstores, stationery and newspapers, video rental, retail bakery outlets (excluding on-premises baking), gift shops, laundry or dry cleaning pick-up stations (excluding on-premises cleaning or laundering), liquor stores, shoe and clothing stores, including the rental of formal wear, print shops, pharmacies, hardware stores and pet stores, provided that no single neighborhood service shop contain more than two thousand (2,000) square feet of gross floor area.

[Amended 8-19-1975 by Ord. No. 75-ZC-58; 12-17-1996 by L.L. No. 14-1996]

(4) Antique shops and decorators' shops, furniture repair and custom cabinetry and woodworking.

[Amended 12-17-1996 by L.L. No. 14-1996]

(5) Undertaking business or establishment or funeral home.[1]

[1] Editor's Note: Original Subsection A(6), which immediately followed this subsection and permitted restaurants providing table service, was deleted and repealed 5-16-1972 by Ord. No. 72-ZC-1935.

(6) Florist, including garden shop or greenhouse accessory thereto.

(7) Business, educational and professional offices, office buildings, banks and post offices.

[Amended 12-17-1996 by L.L. No. 14-1996]

(8) A use of the same general character as those specifically permitted in this section, when authorized as a special exception by the Board of Appeals under the provisions of Article XI and XVI.

(9) Accessory uses and buildings, including off-street parking and loading areas, but not including outdoor display of merchandise offered for sale other than nursery stock; identification signs as regulated in Article XIV.

(10) Houses of worship.

[Added 12-17-1996 by L.L. No. 14-1996]

(11) Mixed use structures containing up to two (2) dwelling units, in addition to any permitted use, subject to all of the conditions as outlined in § 198-2 of this code and any other conditions that the authorized board, in approving such an application, deems appropriate.

[Added 12-17-1996 by L.L. No. 14-1996]

(12) Pet Day Care Center.

[Added 7-13-2021 by L.L. No. 34-2021]

(a) The gross floor area of the building space does not exceed 5,000 square feet; and

(b) The facility does not care for more than one (1) animal per fifty (50) square feet of gross floor area of the building; and

(c) Any outdoor area shall be fenced with a six (6)-foot high solid fence. Fencing shall not be located within five (5) feet of any parking lot area or property line, and fifty (50) feet of any residentially-used property. The outdoor area shall only be utilized between the hours of 9:00 a.m. and 6:00 p.m.; and

(d) Adequate drop-off and pick-up areas may be required by the Planning Board, and parking shall be required at the same rate as retail uses.

B. Conditional uses. (See Articles XI and XVI.) In addition, the following conditionally permitted uses shall be allowed subject to the issuance of a special use permit by the Board authorized to approve such permits pursuant to § 198-66:

[Added 12-17-1996 by L.L. No. 14-1996[2]]

(1) Delicatessen and or food shop; provided that the following are met:

(a) Food shops are defined as limited in § 198-2, except that all dining activities shall be conducted inside the building.

(b) No such delicatessen or food shop shall contain more than one thousand five hundred (1,500) square feet of gross floor area.

(c) No building housing such uses shall be located within thirty-five (35) feet of a residence district boundary.

(d) A dense evergreen landscaped buffer of no less than twenty-five (25) feet shall be provided along all adjoining residence district boundaries.

(e) When provided, any shopping center containing three (3) or more establishments shall have no more than two (2) delicatessens or two (2) food shops or one (1) of each for a total of two (2) such establishments.

(f) No dumpster enclosure or compactor shall be located within fifty (50) feet of a residence district boundary.

(g) Any exhaust fans shall be directed away from residence districts.

(2) Laundry or dry-cleaning pickup stations, including on-premises cleaning or laundering, but excluding self-service establishments.

(3) Animal hospitals, clinics, professional offices of a veterinarian and the practice of veterinary medicine, but not including open kennels, fenced runs or similar outside enclosures.

[2] Editor's Note: This local law also redesignated former Subsections B through G as C through H, respectively.

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. Site development plan. Any and all building and site development plans for a proposed use shall be submitted to the Planning Board before an application for a building permit is made. The Planning Board shall review such plans and act thereon as specified and limited in Article XVII, and no building permit may be issued until the plans have been approved.

[Added 12-4-1991 by Ord. No. 91-ZC-266]

H. Security gates within the Huntington Village Business Improvement District.

[Added 7-11-1995 by Ord. No. 95-ZC-8]

(1) The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

(2) Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

(3) Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

§ 198-25 C-4 Neighborhood Business District.

The regulations set forth in this section or set forth elsewhere and referring to this section are intended to provide for convenience-type retail and service outlets designed principally for residential neighborhood service.

A. Use regulations. In the C-4 Neighborhood Business District, a building or premises shall be used only for the following purposes:

(1) Single-family dwellings, subject to height, area, yard and bulk limitations of the R-10 Residence District, except that the minimum front yard depth shall be as specified for the Neighborhood Business District.

(2) Retail stores, but not including wholesale establishments nor uses such as automotive sales or service establishments, sales or service of trucks, tractors, trailers, farm machinery or contractors' equipment, nor lumberyards, building material yards, plumbing supply or similar establishments.

(3) Personal service shops, including barber- and beauty shops, photographic studios, stationery and newspapers, confectionery, gift shop, decorator or upholstery shop.

(4) Custom dressmaking and tailoring, shoe repair, watchmaking and repairing.

(5) Undertaking establishment.

(6) Food shops, bistros, taverns/bars, and restaurants which provide only table service within the building and not including drive-in restaurants or similar establishments.

[Amended 12-15-1992 by Ord. No. 92-ZC-291; 1-12-2016 by L.L. No. 4-2016; 5-9-2017 by L.L. No. 19-2017]

(7) Retail florist and garden shop accessory thereto.

(8) Business and professional offices, office buildings, banks, post offices, municipal uses.

(9) Accessory buildings and uses, including identification signs as regulated in Article XIV and off-street parking and loading areas. Outdoor display of merchandise is specifically prohibited.

(10) Day-care centers, provided that all state and county regulations for the operation of such facilities are complied with; and

[Added 4-18-2000 by L.L. No. 8-2000]

(a) Any outdoor exercise area is to be fenced and no closer than five (5) feet to a property line nor ten (10) feet to a parking area; and

(b) An adequate (at the discretion of the Planning Board, during site plan review) dropoff/pickup area must be shown on the plan.

(11) Convenience Markets in shopping centers with at least ten thousand (10,000) square feet or more of retail or restaurant gross floor area, and in hamlet centers where no parking is provided on site.

[Added 6-6-2011 by L.L. No. 20-2011; amended 8-13-2013 by L.L. No. 21-2013]

(12) Pet Day Care Center.

[Added 7-13-2021 by L.L. No. 34-2021]

(a) The gross floor area of the building space does not exceed 5,000 square feet; and

(b) The facility does not care for more than one (1) animal per fifty (50) square feet of gross floor area of the building; and

(c) Any outdoor area shall be fenced with a six (6)-foot high solid fence. Fencing shall not be located within five (5) feet of any parking lot area or property line, and fifty (50) feet of any residentially-used property. The outdoor area shall only be utilized between the hours of 9:00 a.m and 6:00 p.m.; and

(d) Adequate drop-off and pick-up areas may be required by the Planning Board, and parking shall be required at the same rate as retail uses.

B. Conditional uses as follows, subject to the issuance of a special use permit by the Board of Appeals pursuant to the provisions of § 198-66:

(1) Laundry or dry-cleaning pickup stations, excluding on-premises cleaning or laundering.

(2) Self-service laundry or dry-cleaning establishment, provided that all such activity shall be limited to the use of individual automatic machines operated by or for the customer.

(3) Drive-in food shop, provided that there shall be sufficient on-site area for no less than ten (10) motor vehicles in each service lane and no driveway entrance shall be located within fifty (50) feet of a street intersection.

(4) Any other retail or personal service establishment, including a drive-in window accessory to and part of a regular banking institution where the patron remains in his vehicle while being served.

C. Off-street parking and loading regulations. See Articles VII and VIII. In addition, the following shall apply:

(1) No parking area shall be located within a required front yard, except that the Zoning Board may waive this requirement upon determination that traffic circulation, public safety or neighborhood character will be substantially improved by such waiver.

D. Height, area and bulk regulations. See Article IX. In addition, the following shall apply:

(1) There shall be a front yard of not less than fifty (50) feet, except where buildings on the same side of the street within the block or within one hundred (100) feet of a proposed building shall have setbacks of greater or less dimension, the front yard shall conform to established setbacks but shall not be less than twenty (20) feet and need not be greater than sixty (60) feet.

E. Supplementary use regulations and conditionally permitted uses. See Article XI.

F. Supplementary height, area and bulk regulations. See Article IX.

G. Site development plan. Building and site development plans for a proposed use shall be submitted to the Planning Board before an application for a building permit is made. The Planning Board shall review such plans and act thereon as specified and limited in Article XVII, and no building permit may be issued until the plans have been approved.

[Amended 7-10-1973 by Ord. No. 73-ZC-45]

H. Security gates within the Huntington Village Business Improvement District.

[Added 7-11-1995 by Ord. No. 95-ZC-198]

(1) The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

(2) Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

(3) Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

§ 198-26 C-5 Planned Shopping Center District.

The regulations set forth in this section or set forth elsewhere and referring to this section are established to provide for retail shopping facilities composed principally of groups of retail and service establishments of integrated design, intended to serve community-wide or regional needs as well as those of local neighborhoods.

A. Use regulations. In the C-5 Planned Shopping Center District, a building or premises shall be used only for the following purposes:

[Amended 9-14-1976 by Ord. No. 76-ZC-65]

(1) Office building, bank, financial institution, public utility office, post office.

(2) Retail sale of food, packaged liquors, drugs, hardware, house furnishings, shoes, clothing, toys, stationery and periodicals, fabrics and decorators' goods, furniture, jewelry, musical instruments, sheet music and records, paint and wallpaper, household appliances, optical and scientific goods and instruments, gifts.

(3) Bakery and candy making, provided that all goods are offered at retail from the premises.

(4) Restaurants, bistros, lunchrooms, food shops, taverns and bars, provided that all food and beverage service is conducted inside a building, except as provided in § 198-2(B) under "food shop."

[Amended 12-15-1992 by Ord. No. 92-ZC-291; 1-12-2016 by L.L. No. 4-2016]

(5) Personal service shops, including but not limited to barber, beautician and photographer's studio.

(6) Tailor shops and dry-cleaning shops, provided that no processing shall be allowed where such activity requires the use of flammable or otherwise hazardous cleaning fluids or results in the emission of noxious, toxic or explosive fumes or other effluent.

(7) Laundry pickup station, excluding bulk processing. Laundering shall be limited to the use of individual automatic machines operated by or for the customer.

(8) Theaters, provided that the Zoning Board shall determine, after study of the plans therefor, that on-site parking facilities are adequate to prevent undue congestion.

(9) Retail sale of automotive supplies, accessories and minor replacement parts, excluding fuels. No vehicle servicing shall be allowed except for the installation of goods purchased on the premises, and such servicing shall be conducted entirely within a building. No body, fender, chassis or paint work shall be allowed, nor shall any repairs to engines or power trains. In any use established pursuant to this subsection, the floor area ratio of service area to sales and display area shall not exceed four to one (4:1).

(10) Bus station, waiting room or shelter operated for the convenience of shopping center patrons or employees of a permitted use.

(11) Any similar retail business use upon a finding by the Board of Appeals that such use is compatible with uses specifically enumerated in this section. Prior to any grant made pursuant to this section, the Zoning Board shall make appropriate findings as specified in § 198-66.

(12) Game rooms, only where said use is supplementary and subordinate to a permitted principal use of the premises, as enumerated herein.

[Added 9-28-1982 by Ord. No. 82-ZC-119]

(13) Accessory uses, including identification signs as regulated in Article XIV and off-street parking, including parking structures, and loading areas. Accessory buildings are specifically prohibited.

[Amended 9-28-1982 by Ord. No. 82-ZC-119; 2-9-1993 by Ord. No. 92-ZC-292]

(a) Outdoor, accessory, unroofed garden center for the sale of plants, tools, garden supplies, lawnmowers or the sale of lawn furniture, but not to include the sale of lumber or any other construction material (railroad or garden ties), in an area not to exceed ten (10%) percent of the gross floor area (GFA) of the building or twenty thousand (20,000) square feet, whichever is the lesser, provided that such area is not located within any required building setback line nor within one hundred (100) feet of a residence district boundary. As long as these areas are seasonal and unroofed, they shall be assessed for parking at the rate of one (1) parking space for every four hundred (400) square feet of gross floor area and are not to be included in the computations for building lot coverage. Such areas are to be depicted on a site plan and submitted to the Planning Board for review of its adequacy concerning pedestrian and vehicular traffic circulation and parking.

[Added 4-5-1994 by Ord. No. 94-ZC-196]

(14) Convenience Markets in shopping centers with at least ten thousand (10,000) square feet or more of retail or restaurant gross floor area, and in hamlet centers where no parking is provided on site.

[Added 6-6-2011 by L.L. No. 20-2011; amended 8-13-2013 by L.L. No. 21-2013]

(15) Hookah Lounges and Vape Stores/Lounges subject to the restrictions set forth in § 198-71 F.

[Added 9-27-2016 by L.L. No. 41-2016]

(16) Pet Day Care Center.

[Added 7-13-2021 by L.L. No. 34-2021]

(a) The gross floor area of the building space does not exceed 5,000 square feet; and

(b) The facility does not care for more than one (1) animal per fifty (50) square feet of gross floor area of the building; and

(c) Any outdoor area shall be fenced with a six (6)-foot high solid fence. Fencing shall not be located within five (5) feet of any parking lot area or property line, and fifty (50) feet of any residentially-used property. The outdoor area shall only be utilized between the hours of 9:00 a.m. and 6:00 p.m.; and

(d) Adequate drop-off and pick-up areas may be required by the Planning Board, and parking shall be required at the same rate as retail uses.

B. Prohibited uses. With the exception and limitation of § 198-26(A)(13)(a) above, all other outdoor sales, entertainment, and product demonstration activities, including but not limited to the following: theaters and outside demonstration of products, whether or not any outside sales activities are conducted in connection therewith.

[Added 9-14-1976 by Ord. No. 76-ZC-1965; amended 4-5-1994 by Ord. No. 94-ZC-196; 9-14-2021 by L.L. No. 51-2021]

C. Off-street parking and loading regulations for permitted uses. See Articles VII and VIII. In addition, loading areas and accessways thereto shall be designated on the site plan and located in such a way that no truck using such area shall block the passage of other vehicles on a service drive or interfere with traffic flow on any street or way used for general circulation.

D. Height, area and bulk regulations. See Article IX. In addition, the following shall apply:

(1) No building shall exceed two (2) stories or thirty-six (36) feet in height, except that this height limit may be exceeded for not more than thirty (30%) percent of the building area but such excess height shall not be more than three (3) stories or fifty-five (55) feet in any case.

(2) Required off-street parking and loading space shall be provided for the expanded building area as specified in Articles VII and VIII.

(3) Except for buildings for which a permit was issued prior to December 5, 1967, no appurtenant structures such as stair towers, ventilating devices, cooling towers or air-conditioning machinery shall project above the parapet line on any building which exceeds thirty-six (36) feet in height. In cases where projections above the roof line are permitted, the Planning Board may establish requirements for structural screening as may be needed to promote or preserve good building design.

(4) No building shall exceed thirty-six (36) feet in any case unless the minimum front, side and rear yard setbacks are increased two (2) feet for each foot of height in excess of thirty-six (36) feet.

(5) The height of an aboveground parking garage shall be limited to two (2) stories and shall not exceed thirty-six (36) feet. Said height shall be measured from the average grade of the nearest side of the garage to the primary structure to the highest point of the parking garage, including any parapet and/or coping. Parking is permitted on the level of a parking garage that constitutes the roof, so long as the height of said structure does not exceed the height of the primary structure on the subject site and specific height restrictions for the parking garage for the zoning classification are met.

[Added 6-11-1996 by L.L. No. 9-1996[1]]

[1] Editor's Note: This local law also provided that, pursuant to 6 NYCRR Part 617.5(c)(20) and 6 NYCRR Part 617.5(c)(27), "the amendment proposed herein is a Type II action and requires no further review under SEQRA regulations."

(6) Any proposed increase in the number of stories in excess of that which is specifically allowed in a parking garage in this zoning district shall not exceed the height limitation as described in Subsection D(5) above. All such increases shall be subject to a public hearing before and need the approval of the Town Board. Any application for an increase in the number of stories shall be made to the Planning and Environment Department as an amended site plan. The Department staff shall immediately send notice to the Town Board of such application. The staff shall review said application and prepare all documentation for compliance with the SEQRA regulations as well as technical analysis. All time frames in the law shall be adhered to in guiding preparation of a timely staff review. No public hearing shall be scheduled until the Planning and Environment Department has forwarded its reports to the Town Board. The Town Board must be able to make findings as set forth in the Town Code, Article XI, Chapter 198, § 198-66 before any approval is granted, as well as the following:

[Added 6-11-1996 by L.L. No. 9-1996[2]; 7-13-2021 by L.L. No. 35-2021]

(a) The parking garage building is not, in any way larger than the primary building on the subject site.

[2] Editor's Note: This local law also provided that, pursuant to 6 NYCRR Part 617.5(c)(20) and 6 NYCRR Part 617.5(c)(27), "the amendment proposed herein is a Type II action and requires no further review under SEQRA regulations."

(7) Upon the approval by the Town Board to increase the number of stories in an existing or proposed parking garage, the Planning Board shall review and approve said application for site plan requirements sufficiency, as per § 198-26G, prior to the issuance of any building permit.

[Added 6-11-1996 by L.L. No. 9-1996[3] ]

[3] Editor's Note: This local law also provided that, pursuant to 6 NYCRR Part 617.5(c)(20) and 6 NYCRR Part 617.5(c)(27), "the amendment proposed herein is a Type II action and requires no further review under SEQRA regulations."

E. Supplementary use regulations and conditionally permitted uses. See Article XI. In addition, the following may be allowed subject to the issuance of a special use permit by the Zoning Board of Appeals pursuant to § 198-66.

[Amended 6-6-2011 by L.L. No. 20-2011]

(1) Freestanding Convenience Markets and convenience markets in shopping centers with less than ten thousand (10,000) square feet of retail and restaurant space, provided that:

[Amended 8-13-2013 by L.L. No. 21-2013]

(a) A Convenience Market use in a freestanding building or shopping center with less than ten thousand (10,000) square feet of retail and restaurant space shall have a minimum lot area of twenty-five thousand (25,000) square feet.

(b) No portion of the commercial use, including the building, parking lot, utilities, and dumpsters shall be located within twenty-five (25) feet of adjacent residentially used or zoned parcels if the convenience market use is operating between the hours of 11:00 p.m. and 6:00 a.m. A landscape buffer with a minimum width of ten (10) feet and a double row of evergreen trees shall be planted in accordance with Town standards to reduce noise and visual impacts to adjacent residences, unless existing vegetation is determined to be more suitable for that purpose.

(c) One (1) off-street truck loading space with a minimum width of twelve (12) feet and a minimum length of forty (40) feet shall be required. Aisles and turning areas shall provide good internal traffic circulation.

(d) Outdoor sales, storage and display of goods, including vending machines, shall be specifically prohibited.

(e) A maximum of twenty-five (25) percent of the required parking may be modified pursuant to § 198-43.

F. Supplementary height, area and bulk regulations. See Article IX.

G. Site development plan.

[Amended 7-10-1973 by Ord. No. 73-ZC-45]

(1) Building and site development plans for a proposed use shall be submitted to the Planning Board at the Town Planning and Environment Department before an application for a building permit is made.

[Amended 7-13-2021 by L.L. No. 35-2021]

(2) The Planning Board shall review such plans and act thereon as specified and limited in Article XVII, and no building permit may be issued until the plans have been approved. In addition, shopping center buildings shall be designed and constructed as a single integrated project but may be built in stages in accordance with an approved construction schedule. If such project is not completed within three (3) years from the date of final approval the Planning Board may restudy conditions in the area and changes therein and amend the original approval of the site plan to meet changing conditions.

H. Security gates within the Huntington Village Business Improvement District.

[Added 7-11-1995 by Ord. No. 95-ZC-198]

(1) The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

(2) Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

(3) Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

§ 198-27 C-6 General Business District.

A. Use regulations. In the C-6 General Business District, a building or premises shall be used only for the following purposes:

(1) Churches, temples or other religious or philanthropic uses.

(2) Hospitals, hospices or sanatoriums.

[Amended 7-2-2002 by L.L. No. 24-2002]

(3) Fire and police stations, post offices, municipal uses.

(4) Public utility buildings, substations, business offices or other structures, including telephone exchanges and railway or bus passenger stations.

(5) Municipal or nonprofit cultural and recreational facilities, including libraries, museums, art galleries, parks, playgrounds, community buildings.

(6) Clubs, fraternity houses or lodges.

(7) Professional and medical offices, business offices and office buildings, banks, financial institutions.

(8) Personal service establishments, including but not limited to barber- and beauty shops, shoe repairs, self-service laundry and dry cleaning, tailor, dressmaker, photographer.

(9) Schools for instruction in art, music, dancing and clerical or vocational training.

(10) Any retail sales establishment when conducted entirely within a building.

(11) Restaurant, bistro, food shop, tavern/bar, bakery, candy, confectionery or ice-cream shop, but not a drive-in restaurant except where authorized as a special exception by the Zoning Board on findings pursuant to § 198-66.

[Amended 12-15-1992 by Ord. No. 92-ZC-291; 1-12-2016 by L.L. No. 4-2016; 5-9-2017 by L.L. No. 19-2017]

(12) Retail or wholesale florist shop, nursery sales, including accessory greenhouses.

(13) Radio or television broadcasting studio or office, but not including transmission towers.

(14) Establishments for the service and repair of household appliances and business machines.

(15) Newspaper establishment, job printing, bookbinding, blueprinting.

(16) Automobile parking lots as a principal use or to provide accessory parking for a permitted use, except as limited in § 198-27(A)(22) and § 198-27(A)(23), but not to include a yard for the display or storage of motor vehicles as chattel, which is specifically prohibited.

[Amended 9-10-2002 by L.L. No. 38-2002; 7-21-2020 by L.L. No. 23-2020]

(17) (Reserved)[1]

[1] Editor's Note: Former Subsection A(17), regarding new automobile sales, repair and service, was repealed 9-10-2002 by L.L. No. 38-2002. See now Subsection C(2).

(18) Undertaking establishment or funeral home.

(19) Carpentry, cabinetmaking, custom furniture or upholstery shop.

(20) Research and development activity, including the manufacture or assembly of prototype equipment related thereto, but not including general manufacture or assembly.

(21) Game rooms, only where said use is supplementary and subordinate to a permitted principal use of the premises, as enumerated herein.

[Added 9-28-1982 by Ord. No. 82-ZC-119]

(22) Mixed use buildings can be established where a permitted commercial use occupies the ground floor and a residential use occupies space on upper floors in existing buildings, and/or construction of new gross floor area within the pre-existing footprint of the subject building. All mixed-use buildings will be subject to site plan review and must meet the following criteria and standards:

[Added 1-22-1991 by L.L. No. 1-1991;[2] amended 10-5-1992 by Ord. No. 92-ZC-19289; 8-30-1994 by L.L. No. 6-1994[3] ; 5-10-2005 by L.L. No. 17-2005; 4-25-2006 by L.L. No. 14-2006; 5-9-2017 by L.L. No. 19-2017; 7-21-2020 by L.L. No. 23-2020; 11-4-2020 by L.L. No. 44-2020]

(a) No upper floor exceeds the footprint of the ground floor.

(b) The buildings meet all of the height, area and bulk requirements of the zoning district.

(c) Storage and/ or community space shall be limited to no more than fifteen (15%) percent of the ground floor.

(d) Additional required parking resulting from the establishment of a mixed use building shall conform to § 198-43(A) and § 198-43(C). Parking shall not be located in the front of the building.

Notwithstanding any other section of this chapter to the contrary, parking for residences above commercial uses shall be calculated at the rate of one and a half (1.5) spaces per studio or one-bedroom dwelling unit, and half a space (0.5) for each additional bedroom. In the Huntington Station Overlay District, parking shall be calculated at the rate of one (1) space per dwelling unit. Parking lots and residential apartments shall not be considered permitted uses on the ground floor of the building.

[2] Editor's Note: Section 5 of this local law provided that "The Town Board shall appoint, prior to January 30, 1994, a Citizens' Advisory Committee, which Committee shall be charged with the duty of evaluating and making recommendations and findings of fact as to the implementation of this local law and which Committee shall further be charged to report to the Town Board no later than May 1, 1994."

[3] Editor's Note: This local law also included a purpose, findings and short title section. See the note in Art. XX.

(23) Mixed-use buildings with new construction that modifies or exceeds the footprint of the existing building on site. All mixed-use buildings will be subject to site plan review by the Planning Board and must meet the following criteria and standards:

[Added 7-21-2020 by L.L. No. 23-2020[4]; amended 11-4-2020 by L.L. No. 44-2020]

(a) No upper floor exceeds the footprint of the ground floor.

(b) The buildings meet all of the height, area and bulk requirements of the zoning district.

(c) Storage and/or community space shall be limited to no more than 15% of the ground floor.

(d) Parking shall conform to § 198-43(A) and § 198-43(C).

(e) The combined square feet of the upper stories of a building shall not exceed 150% of the square feet of the first floor of the building, except in the Huntington Station Overlay District.

Notwithstanding any other section of this chapter to the contrary, parking for residences above commercial uses shall be calculated at the rate of one and a half (1.5) spaces per studio or one bedroom dwelling unit, and half a space (0.5) for each additional bedroom. In the Huntington Station Overlay District, parking shall be calculated at the rate of one (1) space per dwelling unit. Parking lots and residential apartments shall not be considered permitted uses on the ground floor of the building.

[4] Editor’s Note: This local law also renumbered former Subsection A(23) through (25) as Subsection A(24) through (26), respectively.

(24) Day-care centers, provided that all state and county regulations are complied with; and

[Added 4-18-2000 by L.L. No. 8-2000]

(a) An outdoor exercise area is to be fenced and shall not be any closer than five (5) feet to a property line nor ten (10) feet to any parking area; and

(b) An adequate (at the discretion of the Planning Board, during site plan review) dropoff/pickup area shall be provided.

(25) Convenience Markets in shopping centers with at least ten thousand (10,000) square feet or more of retail or restaurant gross floor area, and in hamlet centers where no parking is provided on site.

[Added 6-6-2011 by L.L. No. 20-2011; amended 8-13-2013 by L.L. No. 21-2013]

(26) Hookah Lounges and Vape Stores/Lounges subject to the restrictions set forth in § 198-71(F).

[Added 9-27-2016 by L.L. No. 41-2016; amended 7-21-2020 by L.L. No. 23-2020]

(27) Pet Day Care Center.

[Added 7-13-2021 by L.L. No. 34-2021]

(a) The gross floor area of the building space does not exceed 5,000 square feet; and

(b) The facility does not care for more than one (1) animal per fifty (50) square feet of gross floor area of the building; and

(c) Any outdoor area shall be fenced with a six (6)-foot high solid fence. Fencing shall not be located within five (5) feet of any parking lot area or property line, and fifty (50) feet of any residentially-used property. The outdoor area shall only be utilized between the hours of 9:00 a.m. and 6:00 p.m.; and

(d) Adequate drop-off and pick-up areas may be required by the Planning Board, and parking shall be required at the same rate as retail uses.

B. Additional uses. The following additional uses shall be permitted, provided that there shall be no outside storage or display of products, inventory or other material:

(1) Boat sales and display.

(2) Offices and shops of building contractors, including plumbing, heating, electrical, painting, roofing and decorating contractors.

(3) Distribution centers for consumer products such as food, milk or bakery goods, but not including packaging, bottling or general warehousing.

(4) (Reserved)[5]

[5] Editor's Note: Former Subsection B(4), regarding sale, rental, storage and service of trucks, trailers, farm machinery and contractor's equipment, was repealed 9-10-2002 by L.L. No. 38-2002. See now Subsection C(2).

(5) Monument sales, including stonecutting, sandblasting and related activity accessory thereto.

C. Conditional uses. The following conditional uses shall be allowed, subject to the issuance of a special use permit by the Zoning Board pursuant to § 198-66:

(1) Outside storage or display of inventory, products or other material, where accessory to a permitted use.

(2) New automobile sales and the repair and service facilities accessory thereto, provided that no mechanical or body work shall be conducted outside a building, as well as used-car dealerships; the sale, repair, storage and service of trucks, trailers, farm machinery and contractors' equipment; motorcycle sales; or automobile or truck rental establishments; provided that:

[Amended 9-10-2002 by L.L. No. 38-2002]

(a) Outdoor areas for display and storage shall be clearly marked on the site plan and shall be paved. No such area shall be located on a required sidewalk or within a required buffer, curb cut, or aisle or driveway necessary for access to required parking. Storage, display or advertising within the right-of-way are similarly prohibited.

(b) Required parking spaces shall not be used for storage or display of stock.

(c) Perimeter buffers along all property lines must be landscaped, to include street trees along rights-of-way and evergreen screening along residence district boundaries and/or residential uses, and shall be curbed. Fencing or similar barriers (bollards, railings, etc.) shall be required in order to prevent vehicular encroachment into required buffers along any abutting streets and/or required setbacks.

(d) On lots one hundred and fifty (150) feet or less in depth, no parking, display or storage areas shall be within five (5) feet of a property line nor within ten (10) feet of a residence district boundary or residentially used land. On lots having one hundred and seventy-five (175) feet or more commercially usable depth via either a change of zone or any form of depth extension, there shall be no such areas within twenty-five (25) feet of a residence district boundary or residentially used land, except when adjoined by a permitted commercial or industrial use or a recharge basin, where no less than ten (10) feet shall be required.

(e) On lots having one hundred and seventy five (175) feet or more commercially usable depth, landscaped buffers of no less than ten (10) feet in width, which shall include street trees, shall be provided along all street frontages.

(f) Unloading or loading of vehicles are prohibited from taking place within the public right-of-way, and adequate facilities for such purpose shall be provided on site and approved by the Planning Board during site plan review.

(g) Outdoor Lighting other than for a permitted sign shall be limited to the illumination of the building for security purposes and to the lighting of parking areas and required driveways and aisles. Storage and display areas separate from required driveways and aisles shall not be illuminated, except for security purposes triggered by motion sensors. All outdoor lighting shall comply with the provisions of Chapter 143.

[Amended 11-9-2005 by L.L. No. 40-2005]

(h) Racks or lifts for the storage or display of vehicles off the ground shall be subject to the following limitations:

[Added 10-15-2002 by L.L. No. 53-2002]

[1] Racks or lifts shall not be placed between the building and the street and in no case be placed within fifty (50) feet of a street, except where shown on an approved site plan. The criteria for the Planning Board to approve racks or lifts for display purposes shall be that no visual obstruction is created and the appurtance shall not be located in an area that is reserved for landscaping, customer parking, a driveway, a required setback and/or a public right-of-way.

[2] Racks or lifts shall be no more than one (1) tier above grade.

[3] Any lot employing the use of racks or lifts for the storage of vehicles shall have a minimum twenty-five-foot landscape buffer along all property lines.

[4] In the case where the Zoning Board of Appeals has granted either a variance or a special use permit to use the residential portion of a property for business, racks or lifts for the storage of inventory or customers' vehicles are specifically prohibited from being located in the area of the lot that is the subject of such a grant.

(3) Lumberyards or building material yards, including plumbing supplies, provided that any permitted outside storage area shall be screened by a solid fence or evergreen screen not less than eight (8) feet in height and no outside display of goods shall be permitted in a front yard in any case.

(4) Auto laundry or car-washing establishment, provided that all activity shall be conducted within an enclosed building and not less than ten (10) off-street parking spaces shall be provided for each service line or washing machine.

(5) Animal hospitals, clinics, professional offices of a veterinarian and the practice of veterinary medicine, but not including open kennels, fenced runs or similar outside enclosures.

[Amended 3-9-1971 by Ord. No. 71-ZC-11]

(6) Theaters, bowling alleys, skating rinks, game centers and similar places of amusement.

[Amended 9-28-1982 by Ord. No. 82-ZC-119]

(7) (Reserved)[6]

[6] Editor's Note: Former Subsection C(7), allowing commercial laundries, dyeing or dry-cleaning plants as a conditional use, was repealed 5-10-2005 by L.L. No. 17-2005.

(8) Metalworking, blacksmithing or tinsmithing shops.

(9) Uses similar in character to those permitted unconditionally in the district.

(10) Accessory uses, including off-street parking and loading areas, accessory storage, signs as regulated in Article XIV and accessory buildings not exceeding one (1) story in height for the storage of vehicles used in connection with a permitted use or for the storage of materials, excluding explosives or flammables.

(11) Freestanding Convenience Markets and convenience markets in shopping centers with less than ten thousand (10,000) square feet of retail and restaurant space, provided that:

[Added 6-6-2011 by L.L. No. 20-2011; amended 8-13-2013 by L.L. No. 21-2013]

(a) A Convenience Market use in a freestanding building or shopping center with less than ten thousand (10,000) square feet of retail and restaurant space shall have a minimum lot area of twenty-five thousand (25,000) square feet.

(b) No portion of the commercial use, including the building, parking lot, utilities, and dumpsters shall be located within twenty-five (25) feet of adjacent residentially used or zoned parcels if the convenience market use is operating between the hours of 11:00 p.m. and 6:00 a.m. A landscape buffer with a minimum width of ten (10) feet and a double row of evergreen trees shall be planted in accordance with Town standards to reduce noise and visual impacts to adjacent residences, unless existing vegetation is determined to be more suitable for that purpose.

(c) One (1) off-street truck loading space with a minimum width of twelve (12) feet and a minimum length of forty (40) feet shall be required. Aisles and turning areas shall provide good internal traffic circulation.

(d) Outdoor sales, storage and display of goods, including vending machines, shall be specifically prohibited.

(e) A maximum of twenty-five (25) percent of the required parking may be modified pursuant to § 198-43.

D. Prohibited uses. The following uses are specifically prohibited:

(1) New dwellings, except as provided in (A)(22) of this section.

[Amended 5-10-2005 by L.L. No. 17-2005]

(2) Any general manufacturing or assembly activity or general warehousing.

(3) No retail sale of prepackaged food, soft drinks, newspapers, tobacco products, lottery tickets and other similar products, not related to the use and operation of the property as a nonconforming automotive service station or nonconforming automotive repair shop shall be permitted in the District.

[Added 4-24-2007 by L.L. No. 13-2007]

E. Parking regulations. In the C-6 General Business District, off-street parking shall be provided as set forth in Article VII for any new building. In addition, the following will apply:

(1) When an existing building is expanded or altered so as to increase the gross floor area, additional off-street parking shall be provided as specified in Article VII, to the extent required by the area of the expansion or alteration.

(2) When the use of a building is changed to a more intensive use, additional off-street parking shall be provided as specified in Article VII, to the extent required by the change in intensity of use.

F. Off-street loading regulations. There are no off-street loading requirements for the C-6 General Business District, except for shopping centers with at least ten thousand (10,000) square feet or more of retail or restaurant gross floor area that include a Convenience Market as a tenant.

[Amended 8-13-2013 by L.L. No. 21-2013]

G. Height, area and bulk regulations. See Article IX. In addition, the following shall apply:

(1) Accessory buildings shall not exceed one (1) story in height and shall not be located within two (2) feet of any side or rear lot line nor within sixty-five (65) feet of any front lot line.

(2) No building or part thereof used as a dwelling shall be extended or structurally altered for such use except in conformance with the area and bulk requirements of the R-5 Residence District as set forth in Article IX.

(3) All buildings with residential uses on the upper stories shall not exceed thirty-eight (38) feet in height, except in the Huntington Station Overlay District where it will remain forty-five (45) feet.

[Added 7-21-2020 by L.L. No. 23-2020]

H. Supplementary use regulations and conditionally permitted uses. See Article XI.

I. Supplementary height, area and bulk regulations. See Article IX.

J. Site development plan. Any and all building and site development plans for a proposed use shall be submitted to the Planning Board before an application for a building permit is made. The Planning Board shall review such plans and act thereon as specified in the Huntington Town Code, and no building permit may be issued until the plans have been approved, except for those applications which have received final approvals by all required agencies and departments prior to the effective date of this enactment.

[Added 12-22-1987 by Ord. No. 87-ZC-185; amended 5-10-2005 by L.L. No. 17-2005]

K. Security gates within the Huntington Village Business Improvement District.

[Added 7-11-1995 by Ord. No. 95-ZC-198]

(1) The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

(2) Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

(3) Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

§ 198-27.1 C-6 Huntington Station Overlay District.

[Added 3-2-2004 by L.L. No. 7-2004]

Purpose. The purpose of adopting this overlay zone is to create a business district that will accommodate neighborhood shopping, encourage job creation, allow for a community where people can easily walk to acquire the day to day needs, and yield ratables commensurate with the uses permitted.

A. Use regulations. Unless otherwise specifically prohibited, the as-of-right uses provided in the C-6 General Business District shall be permitted in the C-6 Huntington Station Overlay District, subject to any restrictions and limitations contained in this section. In the event the provisions of § 198-27 conflict with the provisions of this section, this section shall be controlling. In addition to such permitted uses, a building, structure or premises in the C-6 Huntington Station Overlay District may be used for the following purposes:

(1) Single-family homes including home occupations, which shall be subject to the same regulations as in the R-5 Residence Zoning District.

(2) Business and professional offices; medical offices; office buildings; financial institutions; banks.

(3) A nursery, where plants are grown in pots or in the ground, provided there is no outdoor storage of merchandise on the premises, except outdoor display of products offered for sale as gardening nursery stock. The term "nursery" shall not include sand, gravel, railroad ties, or other contractor materials for sale as the principal offering.

(4) Undertaking business or funeral home. All accessory vehicles shall be garaged so as to not be visible to the public when not in use.

(5) Galleries; studios including combined live/work space for an artist, musician, photographer, sculptor, or writer; performing arts centers; establishments engaged in the teaching of art, music, dance or other artistic, clerical or vocational instruction.

[Amended 3-4-2008 by L.L. No. 6-2008]

(6) Day-care centers for children and/or seniors when in full compliance with all local, county, state and federal laws, rules, regulations and ordinances for such use, and further subject to the following conditions:

(a) In the event an outdoor exercise area is contemplated it must be completely enclosed by fencing and no closer than five (5) feet to the property line nor ten (10) feet from a parking area; and

(b) At the discretion of the Planning Board, during site plan review, an adequate drop-off/pickup area must be shown on the plan.

(7) Personal service shops to include barbers; hair stylists; nail salons; dog grooming; opticians; custom dressmaking and tailoring; millinery; shoe repair; watch repair; jewelers; camera repair; and the repair of small household appliances and business machines.

(8) Neighborhood service shops to include photographic studios; bookstores; stores for the sale of stationery and newspapers; video rental shops; retail bakery; confectioneries: gift shops; laundry or dry cleaning drop-off/pick-up stations (excluding on-premises cleaning or laundering); liquor stores; shoe and clothing stores including the rental of formal wear; print shops; bookbinding; pharmacies; hardware stores; and pet stores.

[Amended 3-4-2008 by L.L. No. 6-2008]

(9) Antique shops and decorator's shops; shops for the sale and/or repair of furniture as well as custom cabinetry, woodworking and upholstery shop.

(10) Florist shop, including a garden shop or greenhouse which is accessory thereto.

(11) Buildings occupied for municipal use; educational offices; libraries; museums; schools; post offices; fire and police stations; public utility buildings; recreational facilities including parks and playgrounds; hospitals, hospices and sanatoriums; theaters, bowling alleys, and skating rinks.

(12) Houses of worship and philanthropic uses.

(13) A restaurant which meets the following parking requirements:

[Amended 3-4-2008 by L.L. No. 6-2008[1]]

(a) Contains on-site parking at the rate of one (1) space for each one hundred (100) square feet of gross floor area; or

(b) Contains no less than fifty percent (50%) of required on-site parking and is supplemented by a municipally owned or municipally maintained parking lot where the property lines of the municipal lot and the subject premises are located no more than three hundred (300) feet of each other.

[1] Editor’s Note: This local law also repealed former Subsection A(13), allowing certain supermarkets, and redesignated former Subsection A(14) through A(18) as Subsection A(13) through A(17), respectively.

(14) School for the instruction of martial arts.

(15) Automobile parking lots as a principal use or to provide accessory parking for a permitted use, but not to include a yard for the display or storage of motor vehicles as chattel or for sale/lease, which is specifically excluded.

(16) Research and development activity, including the manufacture or assembly of prototype equipment related thereto, but not including general manufacture or assembly.

(17) Community/recreational centers; public or private gyms and health clubs.

[Amended 3-4-2008 by L.L. No. 6-2008]

(18) Convenience Markets in shopping centers with at least ten thousand (10,000) square feet or more of retail or restaurant gross floor area, and in hamlet centers where no parking is provided on site.

[Added 6-6-2011 by L.L. No. 20-2011; amended 8-13-2013 by L.L. No. 21-2013]

(19) Pet Day Care Center.

[Added 7-13-2021 by L.L. No. 34-2021]

(a) The gross floor area of the building space does not exceed 5,000 square feet; and

(b) The facility does not care for more than one (1) animal per fifty (50) square feet of gross floor area of the building; and

(c) Any outdoor area shall be fenced with a six (6)-foot high solid fence. Fencing shall not be located within five (5) feet of any parking lot area or property line, and fifty (50) feet of any residentially-used property. The outdoor area shall only be utilized between the hours of 9:00 a.m. and 6:00 p.m.; and

(d) Adequate drop-off and pick-up areas may be required by the Planning Board, and parking shall be required at the same rate as retail uses.

B. Additional uses. The following additional uses shall be permitted, provided that there shall be no outside storage or display of products, inventory or other materials.

(1) Radio or television broadcasting studio or office.

(2) Offices and shops of building contractors, including plumbing, heating, electrical, painting, roofing and decorating contractors.

C. Conditional uses. Unless otherwise specifically prohibited, the conditionally permitted uses provided in the C-6 General Business District shall be conditionally permitted in the C-6 Huntington Station Overlay District, subject to any restrictions or limitations contained in this section. In the event the provisions of § 198-27 conflict with the provisions of this section, this section shall be controlling. In addition to such conditional uses, the following conditionally permitted uses shall be permitted subject to the issuance of a special use permit. In no event shall a special use permit be issued or approved if any one of the conditions for the stated use is not met.

(1) Food shops, bistros, and delicatessens are conditionally permitted in the C-6 Huntington Overlay District, provided the following conditions are met:

[Amended 3-4-2008 by L.L. No. 6-2008; 1-12-2016 by L.L. No. 4-2016]

(a) All dining activities shall be conducted inside the building; and

(b) No building housing such use shall be located within thirty-five (35) feet of the boundary lines of all adjoining residentially zoned or residentially utilized properties; and

(c) A dense evergreen-landscaped buffer of no less than twenty-five (25) feet shall be provided along the boundaries of all adjoining properties which are residentially zoned or residentially-utilized; and

(d) Drive-through access and drive through access services are not a permitted use accessory to a food shop or delicatessen.

(e) Any shopping center containing three (3) or more establishments shall have no more than two (2) delicatessens, or two (2) food shops, or two (2) bistros or one (1) of each for a total of no more than two (2) such establishments; and

(f) No dumpster, enclosure for trash, or compactor shall be located within fifty (50) feet of the boundary line of residentially zoned or residentially utilized property; and

(g) All exhaust fans shall be directed away from residentially zoned or residentially utilized properties.

(2) Animal hospitals; clinics: professional offices of a veterinarian and the practice of veterinary medicine, but not including open kennels, fenced-runs or other outside enclosures which shall be specifically prohibited.

(3) Uses similar in character to those permitted unconditionally in the district.

(4) Accessory uses, including off-street parking and loading areas, signs as regulated by the Huntington Town Code, and accessory buildings not exceeding one (1) story in height for the storage of vehicles or materials used in connection with a permitted use, excluding explosives and flammables.

(5) Drive through access for a restaurant shall be permitted as a conditional use, authorized by special permit subject to the requirements of § 198-66 if the following additional factors are present:

[Added 3-4-2008 by L.L. No. 6-2008]

(a) The building contains a minimum of one thousand seven hundred and fifty (1750) square feet of gross floor area.

(b) The establishment provides a minimum of twenty (20) indoor dining seats.

(6) Except where otherwise specified, the provisions of Article XI of this chapter shall apply to conditional uses in the C-6 Huntington Station Overlay District.

[Amended 3-4-2008 by L.L. No. 6-2008]

(7) Freestanding Convenience Markets and convenience markets in shopping centers with less than ten thousand (10,000) square feet of retail and restaurant space, provided that:

[Added 6-6-2011 by L.L. No. 20-2011; amended 8-13-2013 by L.L. No. 21-2013]

(a) A Convenience Market use in a freestanding building or shopping center with less than ten thousand (10,000) square feet of retail and restaurant space shall have a minimum lot area of twenty-five thousand (25,000) square feet.

(b) No portion of the commercial use, including the building, parking lot, utilities, and dumpsters shall be located within twenty-five (25) feet of adjacent residentially used or zoned parcels if the convenience market use is operating between the hours of 11:00 p.m. and 6:00 a.m. A landscape buffer with a minimum width of ten (10) feet and a double row of evergreen trees shall be planted in accordance with Town standards to reduce noise and visual impacts to adjacent residences, unless existing vegetation is determined to be more suitable for that purpose.

(c) One (1) off-street truck loading space with a minimum width of twelve (12) feet and a minimum length of forty (40) feet shall be required. Aisles and turning areas shall provide good internal traffic circulation.

(d) Outdoor sales, storage and display of goods, including vending machines, shall be specifically prohibited.

(e) A maximum of twenty-five (25) percent of the required parking may be modified pursuant to § 198-43.

(8) Hotels, as approved by the Town Board in accordance with the review standards found in § 198-66, provided that:

[Added 2-4-2014 by L.L. No. 5-2014]

(a) The hotel is connected to a public sewer district.

(b) The property is at least one (1) acre in size.

(c) The hotel shall be located close to the street sidewalk to promote interactions with other commercial businesses and access to mass transportation, and shall not be located in the center of the property, surrounded by parking lots.

D. Prohibited uses. The following uses are specifically prohibited.

[Amended 3-4-2008 by L.L. No. 6-2008; 3-22-2011 by L.L. No. 10-2011]

(1) Boat sales and display.

(2) Distribution centers for consumer products such as food, milk or bakery goods, packaging, bottling or general warehousing.

(3) Monument sales, including stonecutting, sandblasting and related activities which are accessory thereto.

(4) Establishments for the sale of new automobiles, and repair and service facilities accessory thereto; used car dealerships and lots; mechanical or body work repair or service establishments; shops for the sale, repair, storage and service of trucks, trailers, farm machinery and contractors' equipment; shops for the sale or lease of motorcycles, automobile or truck rental establishments.

(5) Lumber yards or building material yards, including plumbing supplies.

(6) Auto laundry or car washing establishments.

(7) Metalworking, blacksmithing or tinsmithing shops.

(8) 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.

(9) 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.

(10) Boardinghouses, fraternity houses.

(11) Automobile repair shops.

E. (Reserved)[2]

[2] Editor's Note: Former Subsection E, Prohibitions and restrictions, was repealed 3-4-2008 by L.L. No. 6-2008.

F. Off-street parking and Loading regulations for permitted uses shall be in accordance with Articles VII and VIII of this chapter.

G. Unless otherwise provided, the height, area and bulk regulations in the C-6 Huntington Station Overlay District shall be the same as in the C-6 General Business District. In addition, at the sole discretion of the Town, the architecture of any new and/or renovated structure shall be in keeping with a village setting with storefronts at the front property line, sidewalks and street trees.

H. Design criteria.

(1) An entry porch, porch, deck, stairway or step on residentially zoned or residentially utilized property, which is open on at least two (2) sides, roofed or unroofed, and whose height does not extend above the level of the first floor may extend into a required front, side or rear yard setback to a distance of not more than seven (7) feet, but shall not be placed or allowed to remain within five (5) feet of a side or rear lot line. The provisions of § 198-58A of this chapter do not apply in the C-6 Huntington Station Overlay District to residentially zoned or residentially utilized properties.

(2) Outdoor storage or display of merchandise and other items. Unless otherwise provided in this section, no item or merchandise shall be stored, displayed, placed or permitted to remain within five (5) feet of any property line; or within ten (10) feet of the property line of any residentially zoned or residentially utilized property; and shall be separated from such areas by adequate barriers and appropriate landscaping, and at the sole discretion of the Planning Board, appropriate fencing. The Planning Board may impose greater setbacks where warranted, depending upon the height of the item or merchandise at issue. These prohibitions shall not apply to items or merchandise displayed in front of a store, which are removed at the end of the workday. No parking variance of greater than ten (10%) percent of the requirement may be granted in order to allow for outdoor storage and/or display in its place.

I. Site development plan. Any and all building construction and site development plans for a proposed business use shall be submitted to the Planning Board before an application for building permits is filed, and no building permit shall be issued until the plans have been fully approved by the Planning Board. The Planning Board shall review such plans and act thereon as specified in the Huntington Town Code.

J. Security gates within the C-6 Huntington Station Overlay District.

(1) Installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including the exterior of display windows and entrance doors, is prohibited. Exterior security gates legally existing prior to March 2, 2004, on any property with a zoning classification of C-6 Huntington Station Overlay District must be moved immediately upon any change of ownership, tenancy and/or occupancy. The burden is upon the owner, tenant and/or occupant to establish, to the satisfaction of the Town, that the exterior security gates were legally preexisting and there has been no change in ownership, tenancy or occupancy.

(2) Any person or business entity who is aggrieved by the denial of approval and/or permission to install or maintain exterior security gates on the front exterior of business storefronts, restaurants and offices, including display windows and entrance doors may apply to the Zoning Board of Appeals for relief. The Zoning Board of Appeals may only permit the installation and/or maintenance of exterior security gates upon a finding of the existence of extreme financial hardship or an extreme security risk, which has not been caused by the willful and/or negligent acts of the owner, tenant, occupier or person having an interest in the property, or has otherwise been self-created in any way. The burden of establishing the existence of extreme financial hardship and/or an extreme security risk to the satisfaction of the Zoning Board of Appeals is upon the owner, tenant, occupier or person having an interest in the property.

(3) Interior security gates and security gates on garage doors and building loading entrances shall be permitted.

§ 198-28 C-7 Minor Commercial Corridor District.

[Amended 12-4-1991 by Ord. No. 91-ZC-266; 7-11-1995 by Ord. No. 95-ZC-198; 10-6-2009 by L.L. No. 19-2009]

A. Permitted Uses. The following uses are permitted in the zoning district unless otherwise limited or prohibited in this Chapter:

(1) Retail uses and service shops.

(2) Offices of professionals and service providers.

(3) Restaurants, bistros, taverns/bars and food shops.

[Amended 1-12-2016 by L.L. No. 4-2016; 5-9-2017 by L.L. No. 19-2017]

(4) Fitness clubs, dance and martial arts studios.

(5) Houses of worship, community centers, museums, art galleries, civic, fraternal and philanthropic organizations.

(6) Funeral homes and hospices.

(7) Day-care centers and nursery schools.

(8) Municipal uses.

(9) Single and two-family homes, including home occupations.

(10) Residential apartments on the second story of buildings, where the second story does not exceed the footprint of the first story.

(11) Any use substantially similar to the as-of-right uses set forth above.

(12) Convenience Markets in shopping centers with at least ten thousand (10,000) square feet or more of retail or restaurant gross floor area, and in hamlet centers where no parking is provided on site.

[Added 6-6-2011 by L.L. No. 20-2011; amended 8-13-2013 by L.L. No. 21-2013]

(13) Pet Day Care Center.

[Added 7-13-2021 by L.L. No. 34-2021]

(a) The gross floor area of the building space does not exceed 5,000 square feet; and

(b) The facility does not care for more than one (1) animal per fifty (50) square feet of gross floor area of the building; and

(c) Any outdoor area shall be fenced with a six (6)-foot high solid fence. Fencing shall not be located within five (5) feet of any parking lot area or property line, and fifty (50) feet of any residentially-used property. The outdoor area shall only be utilized between the hours of 9:00 a.m. and 6:00 p.m.

(d) Adequate drop-off and pick-up areas may be required by the Planning Board, and parking shall be required at the same rate as retail uses.

B. Conditional Uses. The following uses are permitted in the zoning district only if they comply with the requisite conditions set forth herein. Any use which does not comply with all of the requisite conditions is hereby declared to be a prohibited use.

(1) Offices and shops of building contractors, as long as all materials and equipment are stored indoors at all times, except for vehicles which may be parked outside the premises, and only if no variances have ever been granted for building or parking lot setbacks since the creation of the lot.

C. Special Uses. The following uses shall be allowed in the zoning district if approved for a special use permit by the Zoning Board of Appeals pursuant to § 198-66. It is expressly provided that no building or parking setback variances be granted.

(1) Drive-through windows for any use permitted as-of-right.

(2) Outdoor dining on private property.

(3) Veterinary offices and animal hospitals, where the Zoning Board of Appeals determines that there will be no noise impact to adjacent residential uses.

(4) Automobile repair shops and car washes.

D. Prohibited Uses. The following uses are strictly prohibited in the zoning district.

(1) Automotive or boat sales and display.

(2) Outdoor display or storage of contractors' equipment and materials.

(3) Lumberyards and building supply yards.

(4) Warehouses, manufacturing, and other industrial uses.

(5) No retail sale of prepackaged food, soft drinks, newspapers, tobacco products, lottery tickets and similar convenience store-type products shall be permitted except in connection with the use and operation of property as a lawfully pre-existing nonconforming automotive service station or nonconforming automotive repair shop.

E. Off-street parking and loading regulations. See Articles VII and VIII. In addition, the following shall apply:

(1) Loading zones are not required in the C-7 zoning district.

(2) There shall only be one curb cut per property on a street.

(3) No parking lot shall be located underneath a building.

(4) The Planning Board may require that cross access driveways be provided to neighboring parcels, or that a Declaration of Covenants and Restrictions be filed before the site plan is approved to permit cross access driveways to be constructed at a later date.

F. Height, area and bulk regulations. See Article IX. In addition, the following shall apply:

(1) Front and side yard setbacks may be reduced to match the setbacks on an adjoining lot sharing a common property line.

(2) The maximum size of a building shall not exceed 10,000 sq. ft. unless a special use permit is granted by the Zoning Board of Appeals.

G. Supplementary use and site development regulations. See Article XI. In addition, the following restrictions shall apply to all development in the district:

(1) All site plan, variance, special use permit, and building permit applications for exterior alterations or changes in use, shall be reviewed by the Department of Planning and Environment for consistency with the Comprehensive Plan, Site Improvement Specifications, and pattern of development in the neighborhood. Site plans approved by the Planning Board for non-residential development shall not be referred for further review by the Board when an application for a building permit is filed, except that if the plan submitted with a permit application deviates from the plan originally approved by the Planning Board then Planning Board review and approval is required before a permit can be issued.

(2) The Department may require architectural changes, additional landscaping, and sidewalk or other improvements in accordance with its Subdivision Regulations and Site Improvement Specifications.

(3) Where the standard front yard setback applies, a landscaped area of at least ten (10) feet in depth shall be provided between the building line and the front property line to enhance the aesthetic appearance of the property.

(4) All utility connections to new buildings, including electric, phone and cable, shall be underground. This shall not apply to new additions to existing buildings.

H. Supplementary height, area and bulk regulations. See Article IX.

[Amended 1-8-2013 by L.L. No. 2-2013]

I. Security gates within the Huntington Village Business Improvement District.

(1) The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, must be removed immediately upon any change of ownership or tenancy, whichever shall occur first.

(2) Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

§ 198-29 C-8 General Business A District.

A. Use regulations. In the C-8 General Business A District, a building or premises shall be used only for the following purposes:

(1) Uses as permitted, specified and limited in § 198-25 for the C-4 Neighborhood Business District.

(2) Game rooms, only where said use is supplementary and subordinate to a permitted principal use of the premises, as enumerated herein.

[Added 9-28-1982 by Ord. No. 82-ZC-119]

B. Off-street parking and loading regulations for permitted uses. See Articles VII and VIII.

C. Height, area and bulk regulations. See Article IX.

D. Supplementary use regulations and conditionally permitted uses. See Article XI.

E. Supplementary height, area and bulk regulations. See Article IX.

F. Site development plan. Any and all building and site development plans for a proposed use shall be submitted to the Planning Board before an application for a building permit is made. The Planning Board shall review such plans and act thereon as specified and limited in Article XVII, and no building permit may be issued until the plans have been approved.

[Added 12-4-1991 by Ord. No. 91-ZC-266]

G. Security gates within the Huntington Village Business Improvement District.

[Added 7-11-1995 by Ord. No. 95-ZC-198]

(1) The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

(2) Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

(3) Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

§ 198-30 C-9 Harbor Use District.

[Amended 9-10-1990 by Ord. No. 90-ZC-242; 12-4-1991 by Ord. No. 91-ZC-266; 7-11-1995 by Ord. No. 95-ZC-8; 5-4-2004 by L.L. No. 12-2004]

A. Legislative findings and intent. Commercial and other water-dependent uses contribute significantly to the economic well-being of the Town, as well as to the quality of life of its residents. There is a limited amount of waterfront space suitable for commercial water-dependent uses. Once the limited and suitable shoreline space is lost to non-water-dependent uses, it is difficult to recover that space for important and appropriate water-dependent uses. The C-9 Harbor Use District is intended to reflect the policies and purposes of the Local Waterfront Revitalization Program as adopted by the Town Board.[1] The intent of the C-9 Harbor Use District is to preserve and foster uses that are dependent upon a waterfront, or near water location, and to preserve and enhance the social, historic, aesthetic and environmental quality of Huntington Harbor and its environs.

[1] Editor's Note: See Ch. 134, Local Waterfront Consistency Review.

B. Definitions. In addition to the definitions found in § 198-2, for the purposes of this section, the following terms shall have the meanings indicated herein, unless specifically indicated otherwise:

BULKHEAD

A structure or wall that is positioned parallel to and contiguous with the shore, the purpose of which is to retain and protect the upland from erosion or loss.

LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP)

The program of the Town of Huntington regarding local waterfront revitalization as adopted by the Town Board of the Town of Huntington, a copy of which shall be maintained in the office of the Town Clerk of the Town of Huntington for public review.

MARINA, COMMERCIAL

A privately owned waterfront commercial enterprise that is primarily designed or used for the berthing and/or servicing of vessels engaged in service or commerce.

MARINA, MUNICIPAL

A waterfront facility owned by the Town of Huntington that is primarily designed or used for the berthing of recreational vessels.

MARINA, PRIVATE RECREATIONAL

A privately owned waterfront commercial enterprise which is primarily designed or used for the berthing and/or servicing of private recreational vessels.

MARITIME VISITORS CENTER

An interpretive center for the presentation and dissemination of information regarding the historical, cultural and economic activities of the waterfront and the Town of Huntington where programs and exhibits can help educate visitors to Huntington Harbor and preserve the developmental process of waterfront and nautical history unique to the Town.

NEAR-WATER PROPERTY

A lot or lots in the C-9 Harbor Use District that are not adjacent to the shoreline or continguous to Town of Huntington Board of Trustee underwater land or filled-in Town of Huntington Board of Trustee underwater land.

SHORELINE

The area adjacent to the mean high water mark or line.

TOWN

The Town Board of the Town of Huntington or the Board of Trustees or their successors as provided by law, or both, as the case may be.

WATERFRONT PROPERTY

A lot or lots in the C-9 Harbor Use District located at or along the shoreline or contiguous to Town of Huntington Board of Trustee underwater lands or filled-in Town of Huntington Board of Trustee underwater lands.

WATER-DEPENDENT USE

An activity that can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to the water body, and that involves, as an integral part of such activity, the use of the water.

YACHT OR BOAT CLUB

A private club, as defined § 198-2 as "club, private," for the recreational, boating and societal activities, inclusive of a restaurant accessory thereto, of its members and guests.

C. Use regulations.

(1) Waterfront property. In the C-9 Harbor Use District, waterfront property shall only be used for the following purposes:

(a) Marine rescue or marine enforcement stations.

(b) Municipal parks, docks, marinas, or launching ramps.

(c) Commercial marinas, or private recreational marinas.

(d) Rental of watercraft and outboard engines, inclusive of the sale of bait and tackle, and the storage and maintenance of rental watercraft.

(e) Charter or party boat enterprises for fishing or sightseeing.

(f) Yacht or boating club.

(g) Sale, refitting, fitting-out, maintenance or repair of watercraft.

(h) Loading and unloading and sale of finfish, shellfish, crabs, or lobsters as well as seafood-related food products.

(i) Aquarium or mariculture facilities or support facilities for mariculture activities.

(j) Accessory uses and structures, necessary to support water-dependent uses, including: docks; bulkheads; launching ramps; loading and off-loading areas; identification signs as regulated by Article XIV of this chapter; off-street parking not within ten (10) feet of the bulkhead; and overhead cranes and boat lifts.

(k) Maritime visitors center.

(l) Restaurants, bistros, and taverns/bars that are accessory and subordinate to any water-dependent use set forth in Subsection (1)(a) through (i) of this subsection, provided that such facilities:

[Amended 5-9-2017 by L.L. No. 19-2017]

[1] Have a gross floor area and on-site dining area that does not exceed the gross floor area of the building and/or buildings used as the primary water-dependent use or uses;

[2] Do not exceed a gross floor area of four thousand (4,000) square feet, which limit shall include any square footage of rooftop dining authorized by this chapter;

[3] May only have outdoor or rooftop dining if authorized by a special use permit issued pursuant to § 198-68A(24) of the Code of the Town of Huntington, and, in addition, adheres to all other applicable special use permit requirements within the limits of the gross floor area of Items [1] and [2] of this subparagraph; and

[4] May use no more than fifteen (15%) percent of its gross floor area for a gift shop.

(m) Outdoor dining on filled-in Town of Huntington Board of Trustee underwater land may be permitted only on a temporary basis when accessory and subordinate to any water-dependent use set forth in Subsection (1)(a) through (i) of this subsection and as authorized pursuant to a license agreement with the Town of Huntington Board of Trustees. For the purposes of this subsection, "outdoor dining" shall mean the use of only portable tables and chairs.

(2) Near-water property. In the C-9 Harbor Use District, near-water property shall only be used for the following purposes:

(a) All uses permitted by § 198-30C(1)(a), (d), (g), (h).

(b) Existing fire, police, or ambulance stations, post offices.

(c) Museums, art galleries, municipal parks and visitors centers.

(d) Automobile parking lots as the principal use.

(e) Sales, construction, storage, and maintenance of watercraft, and/or retail sale of watercraft parts, products, and related accessories.

(f) Retail sale of bait and tackle, marine sporting goods, fishing equipment and/or diving equipment.

(g) Non-marine-related service facilities or retail stores limited to: antiques, art, bakeries, fruit and vegetable stores, delicatessens, food shops, butcher shops, banks, barber shops, beauty salons, tanning salons, bicycle shops, book shops, cameras and photography, cards and stationery, confectioneries (candy stores), shoe or clothing stores, crafts and hobbies, dry cleaning and laundry, flowers, gifts, hardware, lighting stores, health food, pets, and pharmacies, provided that no such establishment or retail store shall exceed three thousand (3,000) square feet of gross floor area.

(h) Offices for professional and nonprofessional services, provided that no such office shall exceed two thousand (2,000) square feet of gross floor area per office unit.

(i) Restaurants, bistros, taverns/bars, coffee shops, ice cream stores, involving the on-site consumption of food or beverages, limited to no more than three thousand (3,000) square feet of gross floor area; provided, however, that rooftop dining may only be authorized by a special use permit issued pursuant § 198-68A(24) of the Code of the Town of Huntington.

[Amended 5-9-2017 by L.L. No. 19-2017]

(j) Day-care centers, provided that all state and county regulations are complied with; and:

[1] Any outdoor play area is to be fenced, and no closer than five (5) feet to a property line nor ten (10) feet from a parking area; and

[2] An adequate drop-off/pick-up area (at the discretion of the Planning Board during site plan review) shall be provided; and

[3] Such center does not exceed three thousand (3,000) square feet of gross floor area.

(k) Instructional facilities for maritime-related activities. Such facilities shall not exceed three thousand (3,000) square feet of gross floor area.

(3) Prohibited uses. The following uses are specifically prohibited within the C-9 Harbor Use District:

(a) Automotive body or repair shops and service stations.

(b) Public garage designed or used for equipping, repairing, renting, or storage of motor vehicles.

(c) Drive-through facilities as a primary or accessory use.

(d) New dwellings.

(e) Drive-in restaurants, taverns, bars, discotheques or night clubs.

D. Off-street parking and loading regulations for permitted uses. See Articles VII and VIII.

E. Height, area and bulk regulations. See Article IX. In addition, the following restrictions shall apply:

(1) Building side yard setback.

(a) The minimum interior side yard building setback on waterfront properties may be zero (0) feet, provided that the combination of the two (2) side yards shall not be less than twenty (20%) percent of the width of the property, or the height of the building, whichever is greater.

(b) The minimum interior side yard building setback on near-water properties may be zero (0) feet, provided that the combination of the two (2) side yards shall not be less than twenty (20) feet or twenty (20%) percent of the width of the property, whichever is greater.

(2) Building height. The maximum permitted building height on waterfront properties shall not exceed either two (2) stories or twenty-five (25) feet, while the maximum permitted building height on near-water properties shall not exceed either three (3) stories or thirty-five (35) feet.

(3) Fencing.

(a) Any solid wall greater than three (3) feet in height on a waterfront property shall be subject to the same side yard requirements as those for buildings set forth in § 198-30E(1).

(b) Any fence across the width of or any portion of the width of the property shall be constructed of materials so as to allow the fence to be of a see-through design.

(4) There shall be no parking of motor vehicles within ten (10) feet of the shoreline or bulkhead.

(5) The main building on a waterfront parcel shall be no closer than fifteen (15) feet from the shoreline or bulkhead.

(6) Accessory buildings shall be no closer than ten (10) feet from the shoreline or bulkhead.

(7) No outdoor rack storage facility for watercraft shall exceed a height of twenty-five (25) feet.

(8) Outdoor display or storage of watercraft shall not be within ten (10) feet of the shoreline or bulkhead or within five (5) feet of any lot line.

F. Supplementary use regulations and conditionally permitted uses. See Article XI.

G. Supplementary height, area and bulk regulations. See Article IX.

H. Site development plan. Any and all building and site development plans, as well as a completed LWRP Consistency Assessment Form (CAF), for a proposed use shall be submitted to the Planning Board before an application for a building permit is made. The Planning Board shall review such plans and act thereon as specified and limited in Article XVII. No building permit shall be issued until the plans have been approved by the Planning Board, and the Department of Maritime Services has determined that the project/use is consistent with the applicable policies and purposes of the applicable LWRP.

I. Security gates within the C-9 Harbor Use District.

(1) The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in the C-9 Harbor Use District. Any exterior security gates legally installed prior to the effective date of this local law, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

(2) Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

(3) Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

§ 198-31 C-10 Planned Motel District.

A. Use regulations. In the C-10 Planned Motel District, a building or premises shall be used only for the following purposes:

(1) Motel or hotel, provided that the principal structure shall contain a lobby, public rest rooms, registry desk and manager's office designed as an integrated service grouping, and principal access to all rental units must be from the lobby by means of a corridor or covered passageway. The principal structure may also contain rentable units.

[Amended 2-27-1979 by Ord. No. 79-ZC-90]

(2) Restaurants and coffee shops, bars, meeting rooms and conference facilities, only where part of an integrated motel or hotel complex to be operated under joint management, provided that the gross site area shall not be less than five (5) acres, and the site area devoted to such uses, including accessory parking and loading, shall be included in the calculation of rentable unit density in the motel or hotel.

[Amended 2-27-1979 by Ord. No. 79-ZC-90]

(3) Accessory structures and uses, including off-street parking and loading areas, identification signs as regulated in Article XIV, swimming pools and air-conditioning machinery, provided that such machinery shall be soundproofed and located so that noise therefrom shall not adversely affect rentable units or dwellings on adjoining premises.

B. Off-street parking and loading regulations for permitted uses. See Articles VII and VIII. In addition, the following shall apply:

(1) For each rentable unit in the principal building, one (1) off-street parking space shall be provided within one hundred (100) feet thereof.

(2) For each rentable unit in other buildings, one (1) off-street parking space shall be provided adjacent thereto.

(3) No parking or loading areas shall be located within fifty (50) feet of a street nor within ten (10) feet of a residence district boundary or five (5) feet of any other lot line.

C. Height, area and bulk regulations. Height, area and bulk regulations shall be as set forth in Article X, except that where a C-10 Planned Motel District is located within three hundred (300) feet of an I-1 or I-2 Light Industry District, the height limits may be exceeded, provided that minimum front, side and rear yard setbacks shall be increased two (2) feet for each one (1) foot of such excess height, and provided further that no building shall be erected to a height in excess of four (4) stories or forty-five (45) feet in any case, and neither standard shall be exceeded.

[Amended 2-27-1979 by Ord. No. 79-ZC-90]

D. Supplementary use regulations and conditionally permitted uses. See Article XI.

E. Supplementary height, area and bulk regulations. See Article IX.

F. Site development plan. Building and site development plans for a proposed use shall be submitted to the Planning Board at the Planning and Environment Department before an application for a building permit is made. The Planning Board shall review such plans and act thereon as specified and limited in Article XVII, and no building permit may be issued until the plans have been approved.

[Amended 7-10-1973 by Ord. No. 73-ZC-45; 7-13-2021 by L.L. No. 35-2021]

G. Security gates within the Huntington Village Business Improvement District.

[Added 7-11-1995 by Ord. No. 95-ZC-198]

(1) The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

(2) Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

(3) Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

§ 198-32 C-11 Automotive Service Station District.

A. Use regulations. In the C-11 Automotive Service Station District, a building or premises shall be used only for the following purposes:

(1) Automotive service stations in which the principal activity is the retail sale of gasoline, oils, grease and other petroleum products related to the servicing of motor vehicles.

(2) Retail sale of minor repair and replacement parts for motor vehicles, such as tires, tubes, lamps, spark plugs or batteries, where accessory to the sale of motor fuels. Retail sale of soft drinks, newspapers, maps, magazines, tobacco products, lottery tickets, prepackaged food items and other similar convenience store products. The total retail sales area shall not exceed one thousand five hundred (1,500) square feet.

[Amended 4-24-2007 by L.L. No. 13-2007]

(3) Servicing and minor repairs normally accessory and incidental to the sale of motor fuels, but not including overhaul of engines, motors, transmissions, steering or drive mechanisms, body and fender repair nor painting.

(4) Accessory structures and appurtenances, such as gasoline pumps, storage tanks, parking areas, identification signs as specified in Article XIV.

B. Off-street parking and loading regulations. See Articles VII and VIII. In addition, the following shall apply:

(1) No parking or loading area shall be located within a required rear yard or any contiguous yard that abuts a residence district boundary or property used for residential purposes.

[Amended 4-24-2007 by L.L. No. 13-2007]

(2) Overnight parking out-of-doors shall be limited to automobiles awaiting repair, and not more than three (3) such vehicles per repair bay shall be stored at any time. No wrecked vehicles incapable of self-propulsion shall be stored out of doors for more than three (3) days.

[Amended 4-24-2007 by L.L. No. 13-2007]

(3) All parking and loading areas and vehicle circulation ways shall be curbed.

(4) Parking spaces for retail sales shall be provided on-site and shall be calculated at a rate of one (1) parking space per every two-hundred (200) square feet of retail sales space (gross floor area). Parking for retail sales shall be adequately protected and shall be separate from and not interfere with, vehicular stacking for the fuel pump stations, the temporary storage of vehicles awaiting repair, or required drives and aisles, to provide for the orderly internal circulation of vehicular traffic throughout the site.

[Added 4-24-2007 by L.L. No. 13-2007]

C. Height, area and bulk regulations. See Article IX. In addition, the following shall apply:

(1) There shall be not less than one hundred fifty (150) feet of frontage on each street on which the lot fronts.

(2) No side or rear yard adjacent to a residence district boundary shall be less than fifty (50) feet.

(3) No fuel pump, pump station, service island, sign, pole, or structure shall be located within a required rear yard or any contiguous yard that abuts a residence district boundary or property used for residential purposes.

[Added 4-24-2007 by L.L. No. 13-2007]

(4) Storage tanks for gasoline and oil shall be located on-site, be placed underground, and shall not be located closer than twenty (20) feet from any on-site or off-site building. All storage tanks and appurtenances shall comply with the Code of the Town of Huntington and must have valid permits from the Suffolk County Department of Health Services for compliance with the Suffolk County Sanitary Code.

[Added 4-24-2007 by L.L. No. 13-2007]

D. Supplementary use regulations and conditionally permitted uses. See Article XI.

E. Supplementary height, area and bulk regulations. See Article IX. In addition, the following shall apply:

(1) Where an Automotive Service Station District abuts a residence district boundary or abuts property used for residential purposes, the construction of a brick, stone or architectural stone wall and/or such other fencing and screening as may be necessary to diminish any adverse effect may be required.

(2) All street frontages shall be curbed, and there shall be no more than two (2) curb cuts on any frontage.

(3) All circulation and parking areas shall be designated on the site plan and shall be paved.

F. Site development plan. Building and site development plans for a proposed use shall be submitted to the Planning Board at the Planning and Environment Department before an application for a building permit is made. The Planning Board shall review such plans and act thereon as specified and limited in Article XVII, and no building permit may be issued until the plans have been approved.

[Amended 7-10-1973 by Ord. No. 73-ZC-45; 7-13-2021 by L.L. No. 35-2021]

G. Security gates within the Huntington Village Business Improvement District.

[Added 7-11-1995 by Ord. No. 95-ZC-198]

(1) The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

(2) Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

(3) Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

§ 198-33 C-12 Professional District.

A. Use regulations. In the C-12 Professional District, a building or premises shall be used only for the following purposes:

(1) Professional offices for a licensed medical doctor or doctors, a licensed dentist or dentists or a public school official or officials.

B. Off-street parking and loading regulations. See Articles VII and VIII.

C. Height, area and bulk regulations. See Article IX.

D. Supplementary use regulations and conditionally permitted uses. See Article XI, except that accessory buildings are specifically prohibited.

E. Site development plan. Building and site development plans for a proposed use shall be submitted to the Planning Board at the Planning and Environment Department before an application for a building permit is made. The Planning Board shall review such plans and act thereon as specified and limited in Article XVII, and no building permit may be issued until the plans have been approved.

[Amended 7-10-1973 by Ord. No. 73-ZC-45; 7-13-2021 by L.L. No. 35-2021]

F. Security gates within the Huntington Village Business Improvement District.

[Added 7-11-1995 by Ord. No. 95-ZC-198]

(1) The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

(2) Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

(3) Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

§ 198-33.1 C-13 Cultural Center District.

[Added 10-26-1982 by Ord. No. 82-ZC-118[1]]

A. Use regulations. In a Cultural Center District a building or premises shall be used only for the following purposes:

(1) Theaters and concert halls.

(2) Museums and art galleries.

(3) Radio and television studios.

(4) Accessory structures and uses including off-street parking and loading areas as regulated in Articles VIII and IX and identification signs as regulated in Article XIV, provided that there shall be not more than one (1) directly or indirectly illuminated identification sign on each of two (2) frontages of a main building, and provided further that no such sign shall be more than four (4) feet in vertical dimension, nor more than thirty (30) square feet in area.

(5) Accessory restaurants and bars, provided that such uses shall be conducted only within the main building and shall be subordinate to the principal use.

B. Supplementary use regulations. See Article XI.

C. Supplementary height, area and bulk regulations. See Article IX.

D. Height, area and bulk regulations.

(1) The minimum lot in a Cultural Center District shall not be less than five (5) acres.

(2) Not more than twenty-five (25%) percent of the lot shall be covered by buildings.

(3) No building shall exceed forty-five (45) feet in height.

(4) The minimum lot width shall be four hundred (400) feet, and the minimum frontage shall be two hundred (200) feet.

(5) Minimum yard requirements shall be as follows:

(a) Front yard setback: one hundred (100) feet.

(b) Side yards [two (2)]: fifty (50) feet.

(c) Rear yard: fifty (50) feet.

E. Other requirements.

(1) Required landscaping and screening shall be provided and maintained along side and rear property lines, and any required planting screen shall not be less than ten (10) feet in width.

(2) Parking areas and driveways may be located within a required lot area, but shall not be located within ten (10) feet of a side or rear line. No parking area shall be located within fifty (50) feet of the street line. Where a side or rear line abuts a residence district boundary, no parking area or driveway shall be located within twenty-five (25) feet thereof.

F. Site plan approval. Building and site development plans for a proposed use shall be submitted to the Planning Board before an application for a building permit is made. Said Board shall review such plans and act thereon as specified and limited in Article XVII, and no building permit shall be issued until the plans have been approved.

G. Security gates within the Huntington Village Business Improvement District.

[Added 7-11-1995 by Ord. No. 95-ZC-198]

(1) The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

(2) Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

(3) Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.

[1] Editor's Note: This ordinance originally added this section as § 198-33A. It was renumbered as § 198-33.1, 3-8-1983 by resolution.

§ 198-33.2 C-14 Commercial Recreation District.

[Added 9-25-1984 by Ord. No. 84-ZC-133]

A. Purpose. The purpose of the Commercial Recreation District is to provide opportunity within the Town of Huntington for certain recreational activities not normally provided within the Town recreation programs, but necessary and desirable to the provision of a comprehensive recreation program for the citizens of the Town.

B. Use regulations. In the C-14 Commercial Recreation District a building or premises shall be used only for the following purposes:

(1) Bowling alleys.

(2) Racquetball and tennis facilities, provided that all game courts are within an enclosed building.

(3) Skating rinks.

(4) Accessory off-street parking.

C. Off-street parking. Off-street parking shall be provided as required in Article VII. Designated off-street loading spaces shall not be required.

D. Location. Commercial Recreation Districts shall have frontage on a major street as defined in the Comprehensive Town Plan, and no access to any such district shall be through a residentially zoned or residentially developed area, or over minor residential streets.

E. Height, area and bulk regulations.

(1) Minimum lot area: three (3) acres.

(2) Minimum lot width: two hundred (200) feet.

(3) Maximum building height: forty-five (45) feet.

(4) Front, side and rear yard setbacks: fifty (50) feet, or twice the height of the building, whichever is greater.

(5) Wherever a Commercial Recreation District abuts residentially zoned land there shall be a perimeter planting buffer not less than twenty-five (25) feet in width, to be fenced with a six-foot-high sapling fence erected on galvanized posts set in concrete, and landscaped in accordance with a plan approved by the Planning Board.

(6) Maximum coverage of lot by building: twenty-five (25%) percent.

F. Site development plan. Building and site development plans for proposed use shall be submitted to the Planning Board before an application or a building permit is made. The Planning Board shall review such plans and act thereon as specified and limited in Article XVII, and no building permit may be issued until the plans have been approved. In addition to its general review authority, the Planning Board shall have the authority to review and regulate:

(1) Construction material on the building exterior.

(2) Signs and exterior lighting access.

(3) Screening and landscaping.

G. Security gates within the Huntington Village Business Improvement District.

[Added 7-11-1995 by Ord. No. 95-ZC-198]

(1) The installation of exterior security gates on the front exterior of business storefronts, restaurants and offices, including both display windows and entrance doors, is prohibited in that area of the Town of Huntington within the Huntington Village Business Improvement District. Any exterior security gates legally installed prior to May 23, 1995, at any above-described premises must be removed immediately upon any change of ownership of said commercial premises or upon any change of tenancy at said commercial premises, whichever shall occur first.

(2) Interior security gates and security gates on garage doors and building loading entrances shall not be prohibited.

(3) Prohibited security gates may be appealed to the Zoning Board of Appeals but may only be granted on a finding by said Board of extreme financial and/or security hardship caused to the owner and/or tenant of the premises by the lack of said gates at said premises.