[Amended 11-12-1975 by Ord. No. 75-CE-25]
The fire limits of the Town of Huntington are
hereby established as those areas shown on the Zoning Map of the Town
of Huntington and designated as General Business, General Business
A, C-9 Harbor Use District, Planned Shopping Center, Light Industry,
General Industry, Single-Purpose Office Building District or Planned
Motel District, with no exceptions.
[Amended 5-18-1976 by Ord. No. 76-CE-7]
A. Except as hereinafter provided in this Article, no
building of frame or unprotected metal construction shall be erected
hereafter within the fire limits.
B. Roofs of new structures or new roofs of existing buildings
within the fire limits shall have an assembly bearing the National
Board of Fire Underwriters Class A or Class B rating. Reroofing of
existing structures within the fire limits shall be done in accordance
with the preceding sentence requiring Class A or Class B roofs, except
for minor repairs. Where existing roofs have to be repaired, roofs
may be replaced with the same type of roofing material, provided the
area does not exceed twenty-five (25%) percent of the total roof area.
C. Multiple dwellings, such as condominiums, garden apartments,
senior citizens' dwellings and similar structures, as defined in New
York State Building Code applicable to Multiple Dwellings (page 17)
as groups B1, B2 and B3, shall be of Type 1, fire resistant; Type
2, non-combustible; Type 3, heavy timber; or Type 4, ordinary construction,
as described in Table B, 202-2 (1-711), of the New York State Building
Construction Code applicable to Multiple Dwellings (p. 18). Type 5,
wood frame construction, shall not be permitted. The maximum height
and fire area for Group B-1 and B-3 occupancy shall comply with the
specifications as set forth in Table B, 203-1a (1-712), of the State
Building Construction Code for Multiple Dwellings (p. 20), and the
maximum height and fire area for Group B-2 occupancy shall comply
with the specifications as set forth in Table B, 203-1a (1-712), of
the State Building Construction Code applicable to Multiple Dwellings
(p. 21).
Within the fire limits no building of frame
construction or unprotected metal construction shall hereafter be
increased in height or extended on any side unless the construction
of such addition conforms to the requirements of this chapter for
new construction; nor shall any other building be extended on any
side by frame construction or unprotected metal construction. Nothing
in this section shall prohibit other alterations with the fire limits
provided there is no change of occupancy to a class of occupancy otherwise
prohibited.
No building of frame or unprotected metal construction
shall hereafter be moved from without to within the fire limits.
If more than one-third (1/3) of the area of
a building is located within the fire limits, the whole building shall
be deemed to be so located.
Nothing in this Article shall prohibit the erection
of a new building within the fire limits and subject to the specified
limitation, nor the extension or enlargement of existing buildings
or structures of frame or unprotected metal construction as follows,
provided that the new roofs of frame garages, porches, frame dwellings
and clubs, dance halls, recreation rooms and restaurants in the following
exceptions shall have an assembly bearing the National Board of Fire
Underwriters Class C rating:
A. Gasoline service stations. All metal gasoline service
stations or similar structures not exceeding one thousand (1,000)
square feet in area, not more than one story in height and located
at least ten (10) feet from any lot line.
B. Frame garages. A frame or unprotected metal building
occupied exclusively as a private garage, not more than one (1) story
in height nor more than four hundred (400) square feet in area, located
on the same lot as an existing dwelling, provided such building shall
be placed at least five (5) feet from any lot line.
C. Greenhouses. Greenhouses not more than fifteen (15)
feet in height erected on the same lot and accessory to a dwelling
or store.
D. Builders' shanties. Builders' shanties for use only
in connection with a duly authorized building operation and located
on the same lot as such building operation, on a lot immediately adjoining,
on an upper floor of the building under construction or on top of
a sidewalk shed are permitted, provided they are removed when the
building for which they are used is completed.
E. Porches. Piazzas, porches or balconies on detached
dwellings, not exceeding ten (10) feet in width, provided that no
such structure shall extend beyond a point within three (3) feet of
a lot line or be joined to a similar structure of another building.
F. Bins and tanks. Coal tipples, icehouses (permitted
in industrial areas only), material bins, trestles and water tanks
when built of planking and timbers of the dimensions specified for
heavy timber construction.
G. Fences not exceeding ten (10) feet in height.
H. Display signs, as provided for in Chapter
198, Zoning.
I. Temporary structures. Buildings intended to serve
their purpose temporarily, such as reviewing stands, gospel tabernacles,
circus tents, amusement devices and fair buildings, under conditions
as may be prescribed by the Director for safety of structures, egress
and sanitation and on condition that such buildings shall be promptly
removed at the expiration of the period for which permission is granted.
J. Industrial buildings. Buildings of unprotected metal
in industrial areas, used exclusively for or in connection with industrial
plants. Sheds open on long side, not more than fifteen (15) feet in
height nor more than four hundred (400) square feet in area with sides
and roofs covered with noncombustible material.
K. Frame dwellings. Frame dwelling if located twenty-five
(25) feet from any line, professional offices (not combined with hospital
facilities) and funeral homes if located five (5) feet from any lot
line.
L. Clubs, dance halls, recreation rooms and restaurants.
These may be of frame construction if one (1) story in height and
if located twenty-five (25) feet from any lot line. Real estate offices
and roadside stands accessory to farms may be of frame construction
if located at least twenty-five (25) feet from any lot line.
M. Curtain wall construction. Curtain wall construction,
provided that there shall be maintained a yard or open space of not
less than twenty (20) feet in width between any side or rear wall
of such construction and the side or rear lot line, respectively.
If the building is erected in a zoning district which requires greater
yard dimensions, then the required yard widths of such district shall
govern.
[Added 10-30-1973 by Ord. No. 73-CE-11]
A. Applications for permits for the erection of interim
temporary structures within the fire limits, which said structures
may not otherwise comply with the requirements of this chapter, the
Building Zone Ordinance and/or the Fire Prevention Ordinance, shall be made to the Town Board in writing. Such applications
shall be made for structures for a fixed period of time and shall
be subject to the filing of a performance bond, in an amount to be
determined by the Town Board, to guarantee demolition of the structure
and restoration of the premises. The Town Board may condition its
approval upon structural modifications, the establishment of area
setbacks, the erection of walls, fences, buffer zones or screening,
on-site parking and such other conditions as the Town Board in its
discretion may impose.
B. A fixed temporary use fee of one ($1) dollar per gross
square footage of the interim temporary structure shall be paid to
the Department of Engineering Services for each interim temporary
structure approved by the Town Board.
[Amended 7-13-2021 by L.L. No. 35-2021]
C. Application for a permit to erect an interim temporary
structure may not be made unless the applicant has a currently valid
building permit issued by the Department of Engineering Services for
a permanent structure that is being constructed on the site where
the interim temporary structure will be located.
[Amended 7-13-2021 by L.L. No. 35-2021]
D. After written approval by the Town Board, application
shall be made to the Department of Engineering Services, under the
applicable provisions of this chapter and in accordance with the conditions
set forth in the Town Board's written approval, for a building permit
and temporary certificate of occupancy. No other approval shall be
required.
[Amended 7-13-2021 by L.L. No. 35-2021]
E. The Town Board resolution approving the application
and the temporary certificate of occupancy shall stipulate the date
when the structure must be removed and the premises restored.
F. No temporary structure shall remain after issuance
of the temporary certificate of occupancy beyond six (6) months without
application to and approval by the Town Board and except upon payment
of an additional fixed fee, as set forth herein.
G. Any decision hereunder by the Town Board shall be
a legislative act and shall not be judicially reviewable.