A.
Use regulations. In the R-80 Residence District, a building or premises shall be used only for the following:
(1)
Single-family dwellings.
(2)
Farm, nursery, truck garden, country estate.
(3)
Churches, temples, parish houses, convents, monisteries.
(4)
Public schools.
(5)
Private elementary and secondary schools providing full-time day instruction and having a course of study approved by the New York State Department of Education, colleges and universities, provided that the plot shall comprise at least eight (8) acres and that the building and site development plans have been first submitted to and approved by the Planning Board as providing adequate parking, traffic control, setbacks and recreation areas for the proposed use. The Planning Board may make any reasonable modifications in such plans to promote safety, health and general welfare of the community, preserve the general character of the neighborhood and conserve property values, and no building permit shall be issued until such plans have been approved.
(6)
Library, museum or art gallery conducted to serve primarily the residents of the Town and operated by a municipal agency or by a nonprofit agency organized or chartered locally for the purpose.
(7)
Town park, playground, athletic field, beach, bathhouse, boathouse, marina or other Town recreational use.
(8)
Municipal parking field.
(9)
Fire station.
(10)
Municipal water supply reservoir, tank, standpipe, pumping station or filter bed, provided any tank or standpipe shall be set back from all lot lines a distance equal to the height of the structure.
B.
Accessory buildings and uses as follows:
(1)
A temporary sales office or building accessory to a permitted real estate development or construction operation, provided such building shall be removed upon completion of the operation or at the end of a period of two (2) years from the date of issuance of the permit.
(2)
Home occupations.
(3)
Retail sale of agricultural products grown on the premises or of animals raised thereon, provided that any stand for the display of products shall be subject to the issuance of a special use permit by the Zoning Board of Appeals and shall not be placed closer than thirty (30) feet to any street or road.
(4)
The keeping or raising of dogs, cats, small animals and birds commonly considered to be household pets, including pigeons, chickens and ducks but excluding cattle, roosters, mink, other domestically maintained fowl and exotic animals as provided in § 78-25. Such activity shall be clearly accessory and incidental to the principal residential use, and the breeding, keeping or raising of such animals or pets as a business activity shall not be permitted. No structure, fenced run or other enclosure for the shelter of such animals or pets shall be located within a required front yard nor within twenty-five (25) feet of any side or rear lot line.
[Amended 2-10-2009 by L.L. No. 2-2009; 2-9-2010 by L.L. No. 2-2010]
(5)
The keeping or raising of saddle horses or other equine livestock, provided that such activity shall be accessory to the principal residential use of the property, the activity shall be conducted for the use of the resident and no boarding or rental of livestock shall be permitted. In addition, the following limitations shall apply:
(a)
Not more than three (3) such animals per acre shall be kept except where the Board of Appeals shall find, after hearing, that the lot area and stabling facilities are adequate to assure that no adverse effect will be exerted upon adjoining property as a result of noise, smell, vermin or safety hazard.
(b)
No barn, stable or roofed structure for the shelter of horses shall be located within thirty (30) feet of any side or rear property line nor within any front or side yard which lies between the principal residential structure and the street, except that such setback need not exceed seventy-five (75) feet.
(c)
No fenced run or other unroofed enclosure for the sheltering or restraint of horses shall be located within ten (10) feet of any side or rear property line nor within any front yard which lies between the principal residential structure and the street. In the case of a corner lot where the side yard abuts a street, a fenced run or other unroofed enclosure may be located in accordance with the side yard requirements of the district, but the setback shall not be less than fifteen (15) feet in any case.
(6)
Any and all accessory buildings or enclosures, fences or runs for the restraint of saddle horses or equine livestock legally in existence at the enactment of this chapter may be continued and maintained for such use.
(7)
Any use or building clearly accessory to a permitted use, including but not limited to: private garages; barns; swimming pools; accessory off-street parking; loading areas; and duly licensed nursery schools and/or day-care centers appurtenant to a religious institution.
[Amended 1-25-1994 by Ord. No. 93-ZC-317; 1-25-2000 by L.L. No. 1-2000]
(9)
An accessory apartment dwelling permitted subject to conditions imposed by the Town pursuant to this article.
[1]
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."
(10)
Bed-and-breakfast homestay.
[Added 6-10-1997 by L.L. No. 13-1997]
(a)
Requirements.
[1]
A bed-and-breakfast homestay may be permitted by the Town Board only after a public hearing. The Town Board may impose conditions, as appropriate, on the use, if it is permitted.
[2]
The applicant for a bed-and-breakfast homestay must demonstrate to the Town Board that permitting such a use will not adversely effect the character of the neighborhood in which the use is proposed.
[3]
Traffic attributed to the bed-and-breakfast homestay must not result in significant adverse impacts to existing traffic patterns nor create a hazard to pedestrians in the neighborhood.
[4]
Sufficient on-site parking must be provided. Said parking shall be in a driveway or behind the main residence on the property that is under review for the permit. Vegetative buffers and/or fencing shall be provided where possible, such that it will be in keeping with the character of the rest of the neighborhood and cars parked in the rear of the subject property shall be substantially out of view of the neighbors. Accommodations for one (1) car per bed-and-breakfast homestay room and two (2) cars for the residing family shall be the minimum off-street parking provided. Existing driveway(s) may be used at their existing width and location in order to not change the character of the residence. Parking can take place on a hard paved surface or on a gravel surface. Grading of such areas will be required, however, provided that runoff can be contained on the subject property, in-ground drainage structures may be limited to dry wells.
[5]
All outward appearances of the residence in which the bed-and-breakfast homestay will be located must remain as it was before the permit was issued. A new entrance (doorway) shall not be installed by the applicant to accommodate the bed-and-breakfast. Landscaping around the house may be changed to accommodate the new use.
[6]
A bed-and-breakfast may not be any closer than five hundred (500) feet, in any direction, from another site that has a permit for the same use.
[7]
There shall be no cooking facilities in the rooms, nor shall there be any rooms for overnight guests, other than in the main building on the lot. There shall be no structural alterations that prevent the building from being used as a residence. The only meal served shall be breakfast and it shall be served only to guests. No guest shall stay at a particular bed-and-breakfast homestay for more than twenty-nine (29) consecutive days, nor more than one-hundred and twenty (120) days in any one-year period. The operator shall keep a guest register for three (3) years, which shall include the names, addresses and dates of occupancy of all guests and which may be produced for review upon request of the Director of Public Safety on one (1) day's notice. The bed-and-breakfast use must be clearly accessory to the principal residential use of the building.
[Amended 8-15-2017 by L.L. No. 35-2017]
[a]
The residence shall be the primary residence of the owner, who is also the operator.
[c]
Required parking for guests, that may be located in the rear of the property, shall be buffered with landscaping to substantially conceal the cars from the neighbors.
[d]
The residence shall have no commercial-type lighting outside the building, and signage announcing the use shall be limited to a single plaque or hanging sign with maximum dimensions of one (1) foot by three (3) feet.
(b)
Procedure.
[1]
An application and nonreturnable fee of two hundred fifty ($250) dollars shall be submitted to the Town Clerk, who shall accept the same on behalf of the Town Board and send the application to the Planning and Environment Department for review. An environmental assessment form, Part I, a deed and a disclosure form shall be submitted with each application. Five (5) copies of a sketch or site plan indicating changes to parking, grading, drainage and/or landscaping shall also be submitted. The Planning and Environment Department shall review said application and make a recommendation to the Town Board within ninety (90) days as to compliance with the State Environmental Quality Review Act (SEQRA)[3] regulations and the merits of holding a public hearing. This time frame is directory in nature, and should the staff of the Planning and Environment Department require more information and/or more time to evaluate the application, the Town Board and applicant must receive timely notification, and an approximate date of completion must be provided along with that notification. Should a draft environmental impact statement be required, then the requirements in SEQRA concerning the time frames for further review shall prevail. The Town Board may decline to hold a public hearing without any further input on the matter. Inasmuch as the application for the bed-and-breakfast homestay must be in an historic house or district, pursuant to Town Code §§ 198-40 and 198-41, the Planning and Environment Department shall forward the application to the Historic Commission for a recommendation. The Historic Commission shall coordinate its review with the Engineering Services Department and the Planning and Environment Department and send its recommendation to the Town Board within the time frame allotted above [ninety (90) days]. The Town Board shall not schedule a public hearing until all of the departments have made their recommendations concerning the application. The public hearing, if one is held, shall be advertised in a newspaper of general circulation at least fifteen (15) days before the hearing. In no less than ten (10) days prior to said hearing, notice must be sent by the applicant to every homeowner within a radius of five hundred (500) feet of the subject property announcing the hearing. The applicant must submit an affidavit of mailing, listing all of the names and addresses of the landowners that were notified, to the Town Clerk at least four (4) days before the hearing. If the Town Board issues a permit, the applicant shall make application to the Engineering Services for alterations, should any be necessary, to the interior of the house in order to accommodate the new use. If no alterations are necessary then only an application for a certificate of permitted use (C of O) shall be applied for. All Town and state building and fire codes will be complied with in this process.
[Amended 8-26-1997 by L.L. No. 17-1997; 7-13-2021 by L.L. No. 35-2021]
[2]
Upon recommendation of the Town of Huntington Public Safety Department, the Engineering Services Department and/or the Town Attorney's office, the Town Board may schedule a public hearing to review any permit issued under this section of the Code. Upon a finding by the Town Board that the proprietor of a bed-and-breakfast homestay is not in compliance with any condition of the permit or of any section of the Code of the Town of Huntington, the permit issued under this section may be revoked by the issuing board. If a permit is revoked, then the owner or his/her successors in occupancy or ownership may not reapply for the same use by way of the above process for five (5) years from the date of the revocation.
F.
[4]
Editor’s Note: Former Subsection G, reserved, Subsection H, reserved, and Subsection I, Affordable housing requirement, were repealed 5-9-2017 by L.L. No. 19-2017. This local law also redesignated former Subsection J as Subsection G.
G.
Special Agricultural-Retail Overlay District.
[Added 12-12-2000 by L.L. No. 38-2000]
(1)
Purpose and intent. It is the intent of the Town Board to decide what uses in the Agricultural-Retail Overlay District should be permitted pursuant to the provisions of this subsection of the Code of the Town of Huntington, provided that the retail uses are restricted to food, flowers and nursery products and may include an animal farm and children's parties.
(2)
Definition. Notwithstanding any other section[s] of the Town Code, "nursery products" shall be defined as plants grown in pots or in the ground, propagated on-site or off-site, seeds, peat moss ancillary products such as potting soil, plastic or clay pots, watering cans, hoses, rakes, shovels, pitchforks, trowels, sprinklers, trellises, etc.; but specifically excluding garden and railroad ties, gravel, stone, sand, lawnmowers, tractors, other motorized garden equipment, repair of motorized garden equipment, concrete lawn ornaments including bird baths and statuary of any kind, bird feeders and bird food, etc.
(3)
Uses of property and buildings used for agricultural, farm and nursery use. In addition to those uses permitted as-of-right pursuant to this section and the uses enumerated as conditional uses pursuant to § 198-68, and notwithstanding any other section[s] of the Town Code, the Town Board may, after a public hearing, permit additional uses for agricultural, farm or nursery property in accordance with the provisions of this subsection.
(4)
Procedure for consideration.
(a)
Application. The property owner shall apply to the Town Board by submitting an application to the Town Clerk together with a copy of the deed, lease or other documentation demonstrating the right to use the property. In addition, the application shall be accompanied by site and building elevation plans indicating any proposed buildings and structures. The application shall be submitted together with the disclosure form supplied by the Town Clerk and an environmental assessment form (EAF) Part I as required pursuant to the SEQRA regulations. A traffic study shall be submitted to the Town Clerk.
(b)
Fees. The nonrefundable application fee of one thousand ($1,000) dollars base fee and the further sum of one hundred ($100) dollars per acre for the whole site or any part thereof shall be paid to the Town Clerk to accompany the application.
(c)
Review. The Town Clerk, upon receipt of the application, shall forthwith forward a copy of the submission and accompanying documentation to the Planning and Environment Department. The Planning and Environment Department staff shall review the application and submit a memorandum as to compliance with this subsection of the Code, together with a draft review pursuant to the State Environmental Quality Review Act (SEQRA), for consideration by the Town Board. The memorandum shall be submitted to the Town Board within sixty (60) days of the determination by the Planning and Environment Department Staff that the application is complete. The criteria for making such determination shall be whether there is sufficient information supplied by the applicant to determine whether all of the requirements of this subsection are met and to prepare the environmental assessment form (EAF) Parts II and III. The applicant shall provide all information requested by the staff, in a timely manner, in order that the process not be delayed. The above sixty-day time limit shall automatically extended upon notice, in writing, by the Planning and Environment Department staff to the applicant that there is some item either missing or not in compliance with this section of the Code. Upon resubmission by the applicant, the sixty-day limit to send the Planning and Environment Department memorandum and SEQRA analysis to the Town Board shall commence once again. The Town Board shall not schedule a public hearing prior to the receipt of the memorandum and SEQRA analysis from the Planning and Environment Department. The applicant's failure to respond to a staff request for corrected or missing information within sixty (60) days of such request shall deem the application null and void. Any further consideration of the subject matter covered by the null and void application shall require submission of a new application and payment of new fees.
[Amended 7-13-2021 by L.L. No. 35-2021]
(5)
Minimum application requirements.
(a)
The building or buildings in which the use is sought shall have been property that at the time of the application had been used for agricultural purposes, for a period of ten (10) years prior to the submission of the application, as set forth in § 198-13A(2).
(b)
The lot on which the building is located shall contain a minimum of fifteen (15) acres if on a Town road, or ten (10) acres if on a county road, or five (5) acres if on a state road.
[Amended 5-4-2004 by L.L. No. 11-2004]
(c)
The traffic study submitted to the Town Clerk by the applicant shall be sent to the Department of Engineering Services, Traffic Safety Division, whereupon analysis will determine whether the use will or will not create undue traffic congestion or traffic hazard. Said study will be sent, by the Town Clerk, directly to the Department of Engineering Services, Traffic Safety Division, which staff shall coordinate with the Staff of the Department of Planning and Environment in sending their analysis to the Town Board.
(d)
The applicant shall provide proof, through testimony and documentation by an appraiser, to the Town Board, that the use will not adversely affect the value of property or the character or pattern of development of the neighborhood.
(e)
The applicant shall provide proof, through testimony and documentation, to the Town Board, that the owner cannot bear the financial burden of the continued use of the property for the allowable agricultural uses associated therewith unless the buildings and property are permitted to be used in accordance with the provisions of this subsection.
(f)
The property shall have frontage on a state or county road or on a state- or county-owned major or minor collector or arterial street, and the vehicular traffic generated by the use shall not be directed primarily over minor residential streets.
(h)
Signage shall be in conformance with the provisions of § 198-91C(2) as it applies to the C-1 Office Residence District to include the business name and address, as well as all of the other provisions Article XIV of this chapter of the Code.
(i)
Building lot coverage, exclusive of greenhouses used for growing plant material and buildings or portions of buildings devoted to the shelter and care of animals, shall not exceed six (6%) percent of the area of the subject property. In no case shall the combined square footage in all structures used for a retail food sales market be any greater than ten thousand (10,000) square feet. The sale of alcohol is strictly prohibited.
[Amended 5-4-2004 by L.L. No. 11-2004]
(j)
No building shall be more than one (1) story except a nonrental, one-family residence, which shall be no more than one thousand five hundred (1,500) square feet.
(k)
Notwithstanding any other section of the Huntington Town Code, the front yard parking setback, when accessory uses are permitted by the Town Board in accordance with this subsection, may be a minimum of twenty (20) feet from the front property line and parking may be permitted in the front of the building provided that there is sufficient room for safe access to all such parking spots. All other setbacks in the Code for the zoning district in which the property is located must be adhered to.
(l)
Parking shall be permitted on paved, grass or a gravel surface. However, all surface runoff from such area must be contained on the subject site with the use of grading techniques, curbing and catch basins where necessary. This feature shall be reviewed and approved by the Department of Engineering Services, Division of Building and Housing, before a building permit is issued.
(m)
A snack bar may be provided for the benefit of visitors to the property, provided that the dining area is limited to no more than twenty-five hundred (2,500) square feet, and that alcoholic beverages are not sold or otherwise provided or consumed on-site. Food service shall be limited to individual portions and fruit, but shall not include pizza pies. The preparation of warm or hot prepared food items produced anywhere on-site shall be limited to on-site consumption in the snack bar or in any outside dining areas conditionally permitted pursuant to § 198-68A(24). Catering, with the exception of fruit or vegetable baskets, is specifically prohibited. Notwithstanding any other provision of this law, on-premises parties are a permitted use, provided no alcoholic beverages are served or provided.
[Added 5-4-2004 by L.L. No. 11-2004]
(n)
The retail shopping public shall not be permitted in the greenhouse area as specified in Subsection J(5)(i) above.
[Added 5-4-2004 by L.L. No. 11-2004]
(6)
Town Board action.
(a)
The Town Board shall consider the application and take action to approve or deny by the adoption of a local law by resolution.
(b)
The Town Board, on its own motion, may call witnesses including but not limited to architects, engineers, appraisers, experts in agricultural techniques and finance, architectural historians and any other experts on historic buildings and sites.
(c)
The resolution of approval or denial shall be entered in the minutes of the Town Board and shall be published and posted in the same manner as an amendment to the Zoning Code and in accordance with the procedure for adoption of a local law.
(7)
Conditions. If the Town Board approves the application, any or all of the following conditions may be imposed:
(a)
Limitation upon the hours of operation.
(b)
Conditions on the alteration and expansion of the structures.
(c)
The specific limitation on the uses that are allowed and permitted on the premises and restrictions if any as to the portions of the structures where such uses may be conducted.
(d)
A limitation on the number and types of animals that shall be permitted on the property.
(e)
Such other reasonable conditions that are consonant with the conservation of the character of the existing neighborhood, surrounding property values and agricultural and open space resources and that may be in harmony with the objectives of the Code and the Comprehensive Plan of the Town of Huntington.
(f)
The uses shall be consistent with a retail farm market and sale of flowers and plants as well as those consistent with the operation of an animal farm and exhibit areas. The uses shall include the growing and sale of vegetables, flowers and garden products and the hosting of children's birthday parties.
(8)
Restrictive covenant. The applicant shall be required to execute a restrictive covenant, to be filed in the office of the Suffolk County Clerk, to run with the land and which inures to the Town of Huntington and the citizens of the surrounding community, specifying that the land and structure shall be restricted to the uses and limited by the conditions set forth in the Town Board resolution of approval.
(9)
Certificate of occupancy (certificate of permitted use). All procedures leading up to the issuance of a certificate of occupancy (permitted use) shall be adhered to, and before issuance it shall be incumbent on the Department of Engineering Services, Division of Building and Housing, to ensure that all site plan and building code requirements are in conformance with Town, county and State of New York regulations.
(10)
Termination of approved use.
(a)
Upon approval by the Town Board of a specific use or uses, such use or uses will be removed or converted to a conforming use upon the termination or abandonment of the use approved by the Town Board pursuant to this subsection.
(b)
In addition to the rights of injunctive relief the Town Board shall have the right to terminate the approved use in the event that the imposed conditions are not complied with. In the event that the Town Board seeks to terminate the use pursuant to this provision it may do so after a public hearing. The owner and the user-occupant shall be given at least ten (10) days notice of such public hearing. The Town Board may take such action as it deems appropriate, including the revocation of the approved use.