[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.[1]
[1]
Editor's Note: For designation of zoning districts and adoption of the Zoning Map, see Ch. 198, Zoning. The official copy of the Zoning Map is on file in the office of the Department of Planning.
[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.
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,[1] 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.
[1]
Editor's Note: See Ch. 198, Zoning, and Ch. 111, Fire Prevention.
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.