Town of Huntington, NY Article I General Provisions

§ 198-1 Purpose.

The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting health, safety, morals and general welfare in the Town of Huntington. They have been designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water supply, sewage disposal, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Town.

§ 198-2 Definitions and word usage.

(A) Word usage. Words used in the present tense include the future; words in the singular include the plural, and words in the plural include the singular. The word "building" includes the word "structure"; the word "shall" is mandatory; the word "lot" includes the word "plot." The word "chapter" when used herein shall mean this Chapter 198 of the Code of the Town of Huntington.

(B) Definitions. For the purpose of this chapter, the following terms and phrases shall have the meanings indicated:

[Amended 12-4-2007 by L.L. No. 41-2007]

ACCESSORY BUILDING

A subordinate building, the use of which is clearly incidental to or customarily found in connection with the main building or principal use and which is located on the same lot as such main building or principal use. An accessory building shall not exceed the size of the main building. Accessory buildings shall not include features which would allow habitation within the structure such as plumbing, heating, fixed stairs, interior walls, insulation, wall coverings on the inside of exterior walls, or design features such as a basement or crawl space, a second story or an upper level. Habitable space in accessory buildings is specifically prohibited.[1]

[Amended 4-8-2008 by L.L. No. 13-2008; 5-7-2013 by L.L. No. 10-2013]

ACCESSORY DWELLING UNIT

The portion of the single family dwelling with a conditional use established pursuant to a temporary "special use permit" to have a secondary unit subordinate to the main dwelling unit and is the subject of a valid accessory unit permit issued by the Town of Huntington.

[Added 7-16-2019 by L.L. No. 33-2019]

ACCESSORY USE

A use which is clearly incidental to or customarily found in connection with and subordinate to the principal use of the premises and which is conducted on the same lot.

ADJACENT PARCEL

For the purpose of the merger of lots, the term adjacent parcel shall mean one parcel which abuts another parcel for a common course of ten (10) feet or greater.

[Added 2-10-2015 by L.L. No. 16-2015]

AFFORDABLE HOUSING PROGRAM ADMINISTRATOR

The Town of Huntington Community Development Agency or other affordable housing administrator approved by the Town Board.

[Added 3-9-2010 by L.L. No. 5-2010]

AMUSEMENT DEVICE

Any mechanical, electrical or electronic device upon which any game or contest of skill or amusement may be played upon payment of a fee, charge or other consideration, directly or indirectly, including but not limited to pinball machines, electronic or video games, air hockey machines and table bowling machines.

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

APARTMENT

A part of a building consisting of a room or suite of rooms intended, designed or used as a residence by an individual or group of individuals, and containing cooking facilities including but not limited to one or more of the following: an oven, convection oven, stove, stove top, microwave, toaster oven, hot plate and similar devices used for cooking and/or heating food.

[Amended 11-9-2011 by L.L. No. 31-2011]

APARTMENT HOTEL

A building arranged for or containing apartments with or without housekeeping facilities and which furnishes services ordinarily provided by hotels, such as maid, desk and laundry service, and may include a dining room with internal entrance, primarily for use of tenants of the building. An apartment hotel shall not include public banquet halls, ballrooms or meeting rooms.

ASSISTED LIVING FACILITY

A facility licensed by the New York State Department of Health to provide assisted living services, which in addition to congregate care services typically include full-time supervision, individual case management, assistance with daily life activities, and assistance with medication.

[Added 6-11-2008 by L.L. No. 17-2008]

ATTIC

The unfinished space located, in whole or in part, between the ceiling joists of the top habitable story of a building and the roof rafters.

[Added 5-7-2013 by L.L. No. 10-2013]

AUTOMOTIVE REPAIR SHOP

An establishment in which the principal activity is the general servicing and repair of motor vehicles, including regular maintenance; sales, installation and replacement of parts and accessories; motor, transmission, chassis, rear and front end repair and overhaul; body and fender repair and painting.

AUTOMOTIVE SERVICE STATION

An establishment in which the principal activity is the retail sale of gasoline, oil, grease and petroleum products and the motor vehicle servicing related to such sales. An automotive service station use shall be deemed to include the retail sale and installation of tires, tubes, lamps and ignition parts, batteries and other minor repairs. Servicing and repair activity shall not include motor, transmission or rear or front end overhauls, nor body and fender repair or painting.

BATTERY(IES)

A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this law, batteries utilized in consumer products are excluded from these requirements.

[Added 10-20-2020 by L.L No. 38-2020]

BATTERY ENERGY STORAGE SYSTEM

One or more devices, assembled together, and which through the use of batteries are capable of storing energy in order to supply electrical energy at a future time, not including a stand-alone 12 volt car battery or an electric motor vehicle. A battery energy storage system includes any building, structure, or cabinet containing some or all of its components, which shall further include any electronic management equipment that functions to protect the battery energy storage system and/or disconnect it in the event of potentially hazardous conditions.

[Added 10-20-2020 by L.L No. 38-2020]

Battery energy storage systems shall be classified as follows:

Battery Technology	Aggregate Capacity
Lead-acid batteries, all types	70 kWh and upwards
Nickel-cadmium batteries	70 kWh and upwards
Nickel metal hydride (Ni-MH)	70 kWh and upwards
Lithium-ion batteries	20 kWh and upwards
Flow batteries	20 kWh and upwards
Other battery technologies	10 kWh and upwards
Capacitor and other electrochemical energy storage systems	3 kWh and upwards

BASEMENT

That space of a building that is partly or completely below grade [which] and does not meet the definition of a story above grade plane. The term "basement" is used interchangeably with the term "cellar".

[Amended 1-26-1999 by L.L. No. 2-1999; 5-7-2013 by L.L. No. 10-2013]

BED-AND-BREAKFAST HOMESTAY

A building, originally built as, and which current principal use is as, a residence, converted into an establishment providing no more than four (4) rooms within such a house, with separate or shared bathrooms, for the overnight accommodation of travelers. The only food service shall be breakfast for overnight guests only.

[Added 6-10-1997 by L.L. No. 3-1997; amended 8-15-2017 by L.L. No. 35-2017]

BISTRO

A commercial establishment not greater than 2,500 square feet total gross floor area, and located outside of a hamlet center as defined in the Horizons 2020 Comprehensive Plan, which is open to the general public for the preparation, service and consumption of food, and shall, subject to the issuance of an assembly permit, at all times provide:

[Added 1-12-2016 by L.L. No. 4-2016; amended 4-5-2016 by L.L. No. 13-2016]

(1) Kitchen facilities for food service; and

(2) Seating with tables and chairs, excluding bar stools or counter service, for ninety (90%) percent of the persons who may lawfully occupy the premises, and limited to one (1) chair for every 65 square feet of total gross floor area; and

(3) Parking at the rate of one (1) space for every 200 square feet of total gross floor area. Bistros within three hundred (300) feet of a municipal parking lot may be granted a special exception to provide for part or all of the parking requirements pursuant to § 198-44(A); and

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

(4) No drive through access service; and

(5) No more than five percent (5%) of the total gross floor area that is open to the public can be used for the display of prepackaged retail products.

BOARDINGHOUSE

A dwelling where lodging, or lodging and meals, is or are provided for compensation for not more than five (5) persons, with no individual cooking facilities and no accommodations for transient guests.

BUFFER

Land maintained in either a natural or landscaped state and used to screen and/or mitigate the impacts of development on surrounding areas, properties, or rights-of-way.

[Added 3-9-2010 by L.L. No. 4-2010]

BUILDING

Any structure designed for the housing or enclosure of persons or property of any kind.

BUILDING AREA

The total of areas measured in a horizontal plane at the main grade level of the principal building and all accessory buildings.

BUILDING ENVELOPE

The three-dimensional space within which a main or principal structure is permitted to be built on a lot. The Building Envelope is defined or delineated by maximum height regulations and minimum yard setbacks.

[Added 2-10-2015 by L.L. No. 16-2015]

BUILDING FOOTPRINT

The amount of land covered, or proposed to be covered, on a lot by a principal building and attached accessory structures. A principal building shall be measured along the plane of its outermost boundaries, whether or not such boundaries are located on, below or above the ground on pilings, on a slab, or any combination thereof. For the purpose of this article, an attached garage or other structure attached to the principal building, including but not limited to carports, porches, pergolas, greenrooms, sunrooms and any habitable space shall be considered part of the footprint. The eaves of a roof that project beyond a principal building; patios; decks and arbors shall not be considered part of the footprint.

[Added 2-10-2015 by L.L. No. 16-2015]

BUILDING INSPECTOR

The Director of the Department of Engineering Services, the Director of the Department of Public Safety, their designees, and any other official designated to administer and enforce the provisions of this Chapter.[2]

[Amended 2-6-1979 by Ord. No. 79-ZC-91; 5-7-2002 by L.L. No. 13-2002; 4-19-2005 by L.L. No. 11-2005]

BUILDING PERMIT

Written permission issued by the Department of Engineering Services for the construction, repair, alteration, modification, or addition of or to a structure.[3]

[Added 2-10-2015 by L.L. No. 16-2015]

CANNABIS

All parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. It does not include hemp, cannabinoid hemp or hemp extract as defined in section three of the New York State Cannabis Law or drug products approved by the Federal Food and Drug Administration.

[Added 12-14-2021 by L.L. No. 66-2021]

CANNABIS, RECREATIONAL

All cannabis that is not for certified lawful medical purposes in accordance with Title V-A of Article 33 of the New York State Public Health Law or Article 3 of the New York State Cannabis Law.

[Added 12-14-2021 by L.L. No. 66-2021]

CLUB, PRIVATE

Buildings and facilities owned and operated by a membership corporation, association or fraternal order for the purpose of accommodating recreational, athletic, social, literary or similar activities. A private club shall not be operated primarily for profit nor regularly render services to the general public.

CLUSTER DEVELOPMENT

A subdivision plat in which the zoning regulations are modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks, and landscaping in order to preserve the natural and scenic qualities of open lands.

[Added 3-9-2010 by L.L. No. 4-2010]

COMMERCIAL PLACE OF RECREATION

A recreational facility open to the general public for a fee, including but not limited to motion-picture theaters, billiard parlors, miniature golf courses, bowling alleys, slot car racing establishments, fitness centers and health clubs, indoor pools, gymnastics centers, indoor sports and indoor adventure parks, except that drive-in theaters are specifically prohibited.

[Added 7-21-2020 by L.L. No. 22-2020]

COMMON OWNERSHIP

When two (2) or more parcels of land are held, entirely by the same person or persons, or, in whole or in part, by the same business, company, partnership, corporation or other entity (whether for-profit or not-for-profit).

[Added 2-10-2015 by L.L. No. 16-2015; amended 7-11-2017 by L.L. No. 31-2017]

COMPREHENSIVE PLAN

Pursuant to Section 272-a of Town Law, a comprehensive plan consists of the materials, written and/or graphic, including but not limited to maps, charts, studies, resolutions, reports and other descriptive material that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of the Town. The comprehensive plan shall include any part of such plan separately prepared or any amendment to said plan.

[Added 2-10-2015 by L.L. No. 16-2015]

CONGREGATE CARE FACILITY

A facility providing living accommodations and household services for persons 62 years of age or older or for persons with an Individual Service Plan (ISP) approved by the New York State Office for People With Developmental Disabilities (NYS OPWDD) regardless of age.[4]

[Added 1-26-1993 by Ord. No. 92-ZC-297; amended 3-3-1998 by L.L. No. 8-1998; 6-11-2008 by L.L. No. 17-2008; 3-21-2017 by L.L. No. 11-2017]

CONSERVATION EASEMENT (CONSERVATION AREA)

An easement, covenant, restriction, or other interest in property which limits or restricts development, management, or use of such property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, or natural condition, character, significance or amenities of the property in a manner consistent with the intent of this chapter.

[Added 3-9-2010 by L.L. No. 4-2010]

CONSTRUCTION or DEVELOPMENT

Activities which include the erection or creation of buildings, structures, and other physical improvements, and the clearing and/or grading of land.

[Added 2-10-2015 by L.L. No. 16-2015]

CONVENIENCE MARKET

A retail establishment which sells food and beverages, prepackaged or packaged within the establishment, and in a ready to consume state which may also sell newspapers, magazines and/or other sundries of a convenience nature.

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

CONVEYANCE

A transfer of title, in whole or in part, to real property, with or without consideration.

[Added 2-10-2015 by L.L. No. 16-2015]

COURT

An open space which may or may not have direct street access and around three (3) or more sides of which is arranged a single building or a group of related buildings.

COVENANTS AND RESTRICTIONS (C&R)

A permanent or temporary restriction on the use of land, usually set forth in the deed or supplemental document filed in the office of the County Clerk.

[Added 2-10-2015 by L.L. No. 16-2015]

CRAWL SPACE

An area under a building that is unenclosed by walls or is enclosed by walls and at no point are the walls greater than three (3) feet in height. Any enclosed space with walls greater than three (3) feet in height is a basement.

[Added 5-7-2013 by L.L. No. 10-2013]

DAIRY

An agricultural activity in which cattle are kept or raised for the production of milk and milk products and/or the processing and bottling of milk or milk products. The bottling of fruit juices, fruit drinks and water shall be allowed only when incidental to the primary activity of pasteurizing and bottling milk and milk products. No bottling of other types of beverages of any nature, including but not limited to carbonated or alcoholic beverages, shall be permitted.

[Amended 11-27-1973 by Ord. No. 73-ZC-49]

DAY CAMP

A facility which is primarily used for providing recreational or educational opportunities to children when schools are not in session.

[Added 5-11-2021 by L.L. No. 26-2021]

DEER FENCE

A commercially-approved fence, the sole purpose of which is to protect gardens, vegetation and yards from deer, designed as to be invisible or open when viewed from a distance. Materials such as razor wire, barbed wire, chicken wire, chain links, cloth, canvas, and electrically-charged mechanisms, may not be used as, nor a part of, a deer fence.

[Added 8-11-2021 by L.L. No. 39-2021]

DOCUMENTED CAPITAL IMPROVEMENTS

Improvements defined by the United States Internal Revenue Service in IRS Publication 530 or equivalent.

[Added 3-9-2010 by L.L. No. 5-2010]

DRIVE-IN RESTAURANT

A retail food dispensing or eating establishment where food or drinks are served mainly in disposable containers, or where patrons are permitted to park cars on the premises for the purpose of being served or sold food or drinks therein or for the purpose of consuming food or drinks outside the building but on the premises, or where the patron may approach the building for the purpose of transacting the purchase of foodstuffs or drinks of any kind without leaving the vehicle, or combination of the foregoing types whether or not there are eating counters or tables inside or outside the building.

[Amended 9-26-1972 by Ord. No. 72-ZC-38]

DWELLING, MULTIPLE-FAMILY

A building or group of buildings designed for or occupied exclusively by three (3) or more families living independently of each other.

DWELLING, SINGLE-FAMILY

A building designed for use or occupied exclusively by one (1) family.

DWELLING, TWO-FAMILY

A building designed for or occupied exclusively by two (2) families living independently of each other.

DWELLING UNIT

A room or group of rooms occupied or intended to be occupied as separate living quarters by a family.

ENERGY SYSTEM

For the purpose of § 198-68.3, a reference to Energy System shall mean either or both of a Battery Energy Storage System or Fuel Cell Power System.

[Added 10-20-2020 by L.L No. 38-2020]

EQUESTRIAN CENTER

lands, buildings and structures for the shelter, exercise, keeping, and riding of horses, ponies or mules, with related pasture lands, corrals and trails.

[Added 4-13-2021 by L.L. No. 20-2021]

FAMILY

[Amended 4-19-2005 by L.L. No. 10-2005]

(1) One of the following:

(a) One (1), two (2) or three (3) persons occupying a single dwelling unit; or

(b) Four (4) or more persons occupying a single dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.

(2) It shall be presumptive evidence that four (4) or more persons living in a single non-profit dwelling unit who are not related by blood, marriage or legal adoption or legal foster relationship do not constitute the functional equivalent of a traditional family.

(3) In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria shall be present:

(a) The group is one which in theory, size, appearance, structure and function resembles a traditional family unit;

(b) The occupants must share the entire dwelling unit and live and cook together as a single non-profit housekeeping unit. A unit in which various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family;

(c) The group shares expenses for food, rent or ownership costs, utilities, and other household expenses;

(d) The group is permanent and stable. Evidence of such permanence and stability include, but are not limited to:

[1] Members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration and filing of taxes;

[2] Members of the household are employed in the area;

[3] The household has been living together as a unit for a year or more whether in the current dwelling units or other dwelling units;

[4] There is common ownership of furniture and appliances among the members of the household; and

[5] The group is not transient or temporary in nature;

(e) Any other factor reasonably related to whether or not the group is the functional equivalent of a family.

EASEMENT

An authorization established by legal document and sometimes also by real estate deed to permit the use of land by the public, a corporation or particular individual or entity for specified uses. It must properly describe the property, use, areas within the nature of the easement, and term. An easement must be accepted by the Town and filed with the Suffolk County Clerk to satisfy a requirement of an approval.

[Added 2-10-2015 by L.L. No. 16-2015]

FARM

The use of land or buildings either as a principal or accessory activity for the production of vegetative crops, such as but not limited to grains, field crops, market garden crops, fruits, sod and fiber plants, and in which the maintenance or keeping of poultry or farm animals is accessory and incidental to the use of the premises for agricultural or residential purposes. For the purposes of this chapter, a farm shall not include any plant or other facility for the processing of any product, except as necessary to crate, package or prepare the raw products grown on the premises for market. Farming shall not include the commercial raising of dogs, cats, fur-bearing animals or dairy cattle. For the purposes of this chapter, the operation of greenhouses shall not be considered as farming.

FENCE

An enclosing framework bearing pickets, boards, rails, chainlink or other material as a means of barring passage or for aesthetic purposes.

[Added 1-9-2007 by L.L. No. 4-2007]

FLAG LOT

An interior lot located to the rear of another lot, with a narrow portion of the lot ("flagpole") extending to a public street to provide vehicular and/or pedestrian access.

[Added 2-10-2015 by L.L. No. 16-2015]

FLOOR AREA, GROSS

[Amended 8-21-1990 by Ord. No. 90-ZC-240; 5-7-2013 by L.L. No. 10-2013]

(1) Commercial, business and industrial buildings, buildings containing mixed uses, or any non-residential use. The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings. Gross floor area includes stories above grade and garages but does not include attic space providing headroom of less than seven (7) feet or basement space used for utility installation or for storage, except that the area of basement space occupied by a minor accessory use such as an employee lounge, employee day-care center or employee gym facility shall not be included in the calculation where no such use, either combined or individually, occupies an area totaling more than five (5%) percent of the gross floor area of all the other floors and where the use shall be limited to the building's employees only. Included in the calculation for gross floor area shall be any and all outside areas used for public assembly accessory to the primary use of the building.

(2) Residential buildings. The gross horizontal area of the several floors of a house or multi-family residential building, excluding garages, attics, basements, and open porches, measured from the exterior walls.

FOOD SHOP

Any retail establishment that has parking at the rate of one (1) space per two hundred (200) square feet of gross floor area and whose function is to provide prepared food for public consumption, including but not limited to sandwiches, soups, salads, pizza, bagels, donuts, ice cream, shakes, yogurt, fish or other foods, as well as prepackaged foodstuffs; and which provides customer seating at tables or counters for the on-premises consumption of food or beverages for no more than fifteen (15) patrons. Premises providing seating for more than fifteen (15) patrons shall be considered to be restaurants, bistros, taverns or bars. Food shops shall not provide outside seating or dining without first obtaining a special use permit pursuant to § 198-68A(22). Food shops within three hundred (300) feet of a municipal parking facility shall be exempt from additional parking requirements, unless located in a shopping center.

[Added 12-15-1992 by Ord. No. 92-ZC-291; amended 1-12-2016 by L.L. No. 4-2016; 2-1-2022 by L.L. No. 3-2022]

FREESTANDING WALL

A wall or partition (other than a fence) which is constructed of masonry, concrete, stone or other material of similar mass and which is not part of a building, does not retain or support adjoining earth, and is customarily used, by its design, location or construction, to bar passage or for aesthetic or privacy-seeking purposes.

[Added 1-9-2007 by L.L. No. 4-2007]

FUEL CELL POWER SYSTEM

A stationary energy generation system that converts the chemical energy of a fuel and oxidant to electric energy (DC or AC electricity) by an electrochemical process.

[Added 10-20-2020 by L.L No. 38-2020]

FULLY CONFORMING LOT(S)

A lot or lots on a subdivision map that meets all of the requirements of the Town Code and Planning Board's "Subdivision Regulations and Site Improvement Specifications," including but not limited to lot area, side, rear and front yard setbacks, as well as lot width at the setback.

[Added 10-15-2002 by L.L. No. 54-2002]

GAME CENTER

A premises, or portion thereof, used or intended to be used for the operation of more than three (3) amusement devices.

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

GAME ROOM

A portion of a premises used or intended to be used for the operation of not more than three (3) amusement devices, supplementary and subordinate to the permitted principal use of the premises therein.

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

GARAGE, RESIDENTIAL

An accessory building or part of a building traditionally designed or used for the storage of motor vehicles owned and used by the occupants of the residential building to which it is accessory. In R-15, R-10, R-7 and R-5 Districts, garage space for two (2) motor vehicles may be provided for a one-family or two-family home. In R-80, R-40 and R-20 Districts, garage space for three (3) motor vehicles may be provided for a one-family or two-family home. In any other zoning district, garage space for two (2) motor vehicles may be provided for each dwelling unit. In any residence district, a detached garage shall be one (1) story and have only one (1) floor level, shall provide not more than three hundred (300) square feet for each motor vehicle accommodated and shall not exceed the gross floor area of a permitted accessory building. Nothing contained herein shall be construed to permit the use of detached residential garages as habitable space, and same is specifically prohibited. A residential detached garage may provide space for storage on the same floor.

[Amended 1-26-1999 by L.L. No. 2-1999; 5-7-2013 by L.L. No. 10-2013]

GARAGE, NON-RESIDENTIAL

A building or portion thereof, other than a residential or municipal garage, designed or used for equipping, repairing, renting, parking or storing motor vehicles.

[Amended 5-7-2013 by L.L. No. 9-2013]

GRADE

The elevation above or below mean sea level of the finished surface of the ground at a particular point.

[Amended 5-7-2013 by L.L. No. 10-2013]

GRADE PLANE

A reference plane representing the average grade adjacent to the exterior walls of a building. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six (6) feet from the building, between the building and a point six (6) feet from the building.

[Added 5-7-2013 by L.L. No. 10-2013]

HABITABLE SPACE

Space in a structure for living, sleeping, eating or cooking. Closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

[Added 5-7-2013 by L.L. No. 10-2013]

HAMLET CENTER

An area mapped and identified as a hamlet center in the Horizons 2020 Comprehensive Plan.

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

HEIGHT OF ACCESSORY BUILDINGS

The vertical distance measured from the grade plane as follows: to the highest point of a flat roof; to the ridge for gable and hip roofs; or to the ridge for gambrel and mansard roofs in all zoning classifications.

[Added 5-7-2013 by L.L. No. 10-2013]

HEIGHT OF ACCESSORY STRUCTURES

The greatest vertical distance measured from any grade under or adjacent to the structure to the highest portion of the structure above that point.

[Added 5-7-2013 by L.L. No. 10-2013]

HEIGHT OF BUILDING

The vertical distance measured from the grade plane as follows: to the highest point of a flat roof; to the mean point between the plate line and ridge for gable and hip roofs; or to the mean point between the purlin and ridge for gambrel and mansard roofs.

[Amended 12-30-1969 by Ord. No. 69-ZC-2; 1-26-1999 by L.L. No. 2-1999; 5-7-2013 by L.L. No. 10-2013]

HILLSIDE AREA (STEEP SLOPE)

A geographical area, whether natural or manmade and whether on one (1) or more lots, having an average slope of ten (10%) percent or greater, extending over a horizontal length of at least 25 feet and a horizontal width of at least 25 feet. For the purpose of this Article, a slope of ten (10%) percent shall be equivalent to a vertical rise of two (2) feet in a horizontal distance of twenty (20) feet.

[Added 2-10-2015 by L.L. No. 16-2015]

HISTORIC DISTRICT

A designated historic area within defined geographic boundaries containing multiple properties which contains one (1) or more historic landmarks and may also contain some non-contributing structures, where the collection of multiple properties or the inclusion of certain parcels of land contributes to and reinforces the historic, architectural, and/or aesthetic characteristics of individual historic landmarks and the historic district as a whole.

[Added 10-21-2014 by L.L. No. 37-2014]

HISTORIC LANDMARK OR SITE

A parcel of land, whether or not developed, including its topographical features, earthworks and landscaping, or a structure designated as a "historic landmark."

[Added 10-21-2014 by L.L. No. 37-2014]

HOME OCCUPATION

Any occupation or activity which is clearly accessory and incidental to the use of the premises for dwelling purposes as the principal place of abode of the practitioner and which is carried on wholly within a building by one (1) or more members of the family residing on the premises, and in connection with which there is no advertising other than an identification sign and no other display or exterior storage of materials or variation from the residential character of the building. Not more than two (2) persons outside the family shall be employed, and no equipment shall be used which creates offensive noise, vibration, smoke, dust, odors, heat, glare or electronic interference.

(1) When, within the above requirements, a home occupation includes but is not limited to the following: an artist's studio, but not including an art gallery; dressmaking; a professional office of a physician, dentist, lawyer, architect, engineer, accountant or other similar occupation deemed similar by the Zoning Board by reason of education, training and experience; and teaching, with musical instruction limited to one (1) or two (2) pupils at a time.

(2) A home occupation shall not be interpreted to include barbershops, beauty parlors, except as provided in Article XI, or restaurants.

(3) A "home occupation" shall not use more than fifty (50%) percent of the main floor area of the principal building.

(4) A "home occupation" shall not be interpreted to include animal clinics, professional offices of a veterinarian or the practice of veterinary medicine.

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

HOOKAH LOUNGES AND VAPE LOUNGES

Any facility or location whose business operation, and its principal use, include the on-site indoor smoking of electronic cigarettes, vape pens, vapors, e-liquids, or other substances.

[Added 9-27-2016 by L.L. No. 41-2016; amended 12-14-2021 by L.L. No. 66-2021; 5-9-2023 by L.L. No. 7-2023]

HOSPICE

A facility designed to give palliative care to terminally ill persons.

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

HOTEL

A building in which lodging, or boarding and lodging, is or are provided for persons primarily transient and offered to the public for compensation, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. A "hotel" may include an accessory restaurant or coffee shop or other facilities primarily for the service of tenants.

INDIVIDUAL RESIDENTIAL BUILDING LOT

A parcel of land for residential development of one-family or two-family dwellings in all zoning districts, including development in the C-1, C-3, C-4 and C-8 districts, and any zoning district created in the future where one- or two-family dwellings are proposed or exist.

[Added 2-10-2015 by L.L. No. 16-2015]

KENNEL

A use, structure or building for the keeping, raising, breeding or boarding of dogs or cats or of other animals which may be considered household pets. No more than four (4) such animals are permitted in residentially-utilized properties; however, in the case of a litter, more than four (4) animals are permitted on such properties for a period of no more than eight (8) weeks, or as otherwise deemed reasonable by the enforcement officer.

[Amended 4-25-2006 by L.L. No. 15-2006]

LIFE CARE COMMUNITY

A community containing a mix of senior housing, congregate care units, assisted living units, and/or nursing home beds, where occupants move from one unit to another as their need for services changes. These communities shall contain either an assisted living facility or nursing home, or both, on site, and the senior housing shall not exceed fifty (50%) percent of the total gross floor area of all of the buildings (including accessory buildings) on the site.

[Added 6-11-2008 by L.L. No. 17-2008]

LIGHT ASSEMBLAGE

Any and all parts of a luminaire that function to produce light, including the bulb, assembly, ballast, carriage, mounting features and/or pole.

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

LIGHT INDUSTRY

The manufacture, assembly, compounding, processing or packaging of goods or products from raw materials refined elsewhere, in which the goods produced are generally of high value in relation to bulk and which does not generate offensive noise, vibration, glare, dust, smoke, gas or other effluent.

LOADING SPACE or LOADING BERTH

A space within the main building or on the same lot providing for the standing, loading or unloading of trucks. See § 198-53, Design standards.

[Amended 6-6-1995 by Ord. No. 95-ZC-194]

LODGER

A transient other than a hotel, motel or bed and breakfast guest, who has mere use without actual or exclusive possession to sleep temporarily within a property for compensation.

[Added 4-19-2005 by L.L. No. 10-2005]

LODGING HOUSE

A property and/or the structures upon it, other than a hotel, motel or bed and breakfast, within which lodgers are provided space for sleeping, for compensation.

[Added 4-19-2005 by L.L. No. 10-2005]

LOT OR PARCEL

A portion of land within defined boundary lines.

[Amended 2-10-2015 by L.L. No. 16-2015]

LOT AREA

The total horizontal area within the exterior lines of the lot to be used for a building and its accessories. Required "lot area" in any district shall not include any part of a street right-of-way.

LOT, CORNER

A lot abutting on two (2) or more streets at their intersection.

LOT COVERAGE, BUILDING

That part of the lot that is covered by all buildings, inclusive of parking structures.

[Added 2-10-2015 by L.L. No. 16-2015]

LOT COVERAGE, IMPERVIOUS

That part of the lot that is covered by all impervious surfaces.

[Added 2-10-2015 by L.L. No. 16-2015]

LOT DEPTH

The distance from the front street line to the rear lot line, measured perpendicular to the front street line from its midpoint. Where the front street line is curvilinear, the "lot depth" shall be measured perpendicular to its chord from the midpoint of its arc. In the case of triangular lots where there is no rear lot line, such rear lot line shall be established perpendicular to the line of measurement of "lot depth" and shall not be less than ten (10) feet in length.

LOT FRONTAGE

The distance along which the boundary of a lot and a street line are coincident (where the property line and the public right-of-way meet). Lot frontage for corner lots shall be measured from the point of intersection of the lot lines abutting such streets or the projection of such lot lines to a point of intersection in appropriate cases.

[Amended 10-15-2002 by L.L. No. 54-2002; 12-4-2007 by L.L. No. 41-2007]

LOT, INTERIOR

A lot whose side line or lines do not abut on any street.

LOT LINE

Any line dividing one lot from another or from the street right-of-way or other public space.

[Added 2-10-2015 by L.L. No. 16-2015]

LOT LINE CHANGE

A process where the lot line between adjacent parcels of land, which are or are not developed but are "fully conforming," is moved by action of the Planning Board. In no case shall a lot line change result in more lots than the original number, nor may this process intensify or create a nonconformity in any of the lots in question. A lot line change should result in lots that are generally better configured than the original and/or solve property line questions.

[Added 10-15-2002 by L.L. No. 54-2002; amended 2-10-2015 by L.L. No. 16-2015]

LOT MODIFICATIONS

Lot dimensions and/or building setbacks that deviate from the Town Code for the zone in which the land is situated in accordance with Section 278 of New York State Town Law.

[Added 2-10-2015 by L.L. No. 16-2015]

LOT, THROUGH

An interior lot having frontages on two (2) streets, in which case both frontages must meet the frontage, setback and lot width requirements for the district in which the lot is being created.

[Added 10-15-2002 by L.L. No. 54-2002]

LOT WIDTH

The width of a lot measured perpendicular to the depth of a lot at the front yard setback line established from the principal frontage.

[Amended 12-4-2007 by L.L. No. 41-2007]

LOT YIELD

The number of lots permitted in a subdivision as determined by calculating the lots based upon a map fully conforming to all appropriate regulations, including New York State Town Law, New York State Department of Environmental Conservation wetlands regulations. Town of Huntington zoning law, and any applicable variances and special use permits granted by the Town of Huntington Zoning Board of Appeals.

[Added 2-10-2015 by L.L. No. 16-2015]

LUMINAIRE

The complete light assembly (including the bulb, housing, ballasts, photocells, housing, reflectors, lens and shields), less the support assembly (pole or mounting bracket).

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

MAIN BUILDING

A building containing the principal use of a property.

[Added 12-4-2007 by L.L. No. 41-2007]

MAIN DWELLING UNIT

The portion of the single family dwelling with the originally permitted use associated with the certificate of occupancy or letter in lieu pertaining to the original structure and is the subject of a valid certificate of occupancy or letter in lieu.[5]

[Added 7-16-2019 by L.L. No. 33-2019]

MARINA

A boat basin or pier, or series of piers or floats, with facilities for berthing, launching and securing privately owned recreational craft.[6]

MERGED LOT

A lot formed by the consolidation of two or more formerly separate, adjacent parcels under common ownership into one larger parcel in accordance with the provisions of this Chapter.

[Added 2-10-2015 by L.L. No. 16-2015]

MONTHLY UTILITY ALLOWANCE

The Section 8 Existing Housing Allowances for Tenant-Furnished Utilities and Other Services established for the Town of Huntington by the United States Department of Housing and Urban Development.

[Added 3-9-2010 by L.L. No. 5-2010]

MOTEL, MOTOR COURT, MOTOR HOTEL, MOTOR LODGE

Same as hotel, except that the building or buildings are designed to provide only rental accommodations to serve transient persons traveling by automobile and that parking facilities adequate to serve all rentable units are provided on-site.

MUNICIPAL USE

A use or facility operated for the benefit of the public by the Town or by a public district within the Town, which derives all or part of its revenues from local property assessment.

NATURAL AREA

A portion of land preserved in its natural state in perpetuity for environmental purposes. Wetlands, floodplains, watersheds, woodlands, wildlife habitat, scenic viewsheds, groundwater protection areas, undeveloped historic and archaeological sites, and steep slopes can be examples of natural areas.

[Added 3-9-2010 by L.L. No. 4-2010]

NONCONFORMING USE

Any building, structure or use of land lawfully existing and actually in use; and such use not having lapsed at the time of enactment of this chapter or any amendment thereto which does not conform to the zoning regulations of the district in which it is located by reason of the enactment of this chapter or subsequent amendment or because of alteration in street alignment. The lack of parking for any proposed use shall not cause an otherwise permitted use to be deemed non-conforming.[7]

[Amended 6-14-2022 by L.L. No. 16-2022]

NON-CONTRIBUTING STRUCTURE

A structure in a historic district or on property designated as a historic landmark which does not possess historic, architectural or aesthetic significance on its own but by its location or design may impact historic landmarks around it.

[Added 10-21-2014 by L.L. No. 37-2014]

NURSERY

An agricultural enterprise wherein trees or shrubs or other ornamental plants are field-grown for profit. A greenhouse shall not be part of a nursery enterprise except where accessory and subordinate to the principal activity of growing stock out of doors, and used principally for the propagation of such stock. Any greenhouse wherein flowers are offered for sale at retail to the public shall be considered a commercial enterprise.

NURSING HOME

A facility licensed as a nursing home by the New York State Department of Health and providing full-time skilled nursing care.

[Added 6-11-2008 by L.L. No. 17-2008]

OFFICIAL MAP

The map established by the Huntington Town Board pursuant to Article 16, Section 270 and 273 of the Town Law showing zoning, streets, highways, parks and drainage, both existing and proposed.

[Added 2-10-2015 by L.L. No. 16-2015]

OPEN SPACE

A portion of land where buildings and roadways are prohibited. Open space shall include natural areas, agricultural fields, parks, playgrounds, athletic fields, and landscaped areas such as lawns and buffer strips.

[Added 3-9-2010 by L.L. No. 4-2010]

OUTDOOR DINING ON THE TOWN'S RIGHT-OF-WAY, TEMPORARY

Notwithstanding any other section of this Town Code and at the discretion of the Director of Engineering Services, a temporary permit may be issued to use the Town's right-of-way (sidewalk) for outdoor dining, as part of a restaurant, delicatessen or other eating establishment for the consumption of food and beverage, provided that:

[Added 5-19-1998 by L.L. No. 22-1998; amended 12-10-2002 by L.L. No. 67-2002]

(1) As part of any approval granted under this subsection, to ensure public safety and the maintenance of the character and value of property in the neighborhood, the Director of Engineering Services shall consider and may impose any special requirements for the control of traffic, noise, lighting, littering or hours of operation which are found necessary for the protection of surrounding properties.

(2) The applicant for a temporary permit for outdoor dining shall submit a fee of two hundred ($200) dollars along with a sketch showing the number of tables and chairs and approximate area and proposed seating plan that shows where the outdoor dining will be located (on the Town's right-of-way).

(a) The permit shall be issued for a period beginning January 1 and ending December 31 for the current year, or portion thereof, only and is renewable each year.

(b) Any violation of any condition either imposed by the permitting agency or in this Code shall be cause for revocation of the permit for outdoor dining (e.g., the outdoor dining may not be located in an area of required parking, setbacks, buffers or any area designated by any board of the Town for some other use).

(3) This permit allows outdoor dining only on the Town of Huntington's right-of-way (sidewalk), and chairs and tables shall not obstruct the passage of at least two (2) individuals walking side-by-side along that sidewalk.

(4) Three (3) occurrences of any one (1) or a combination of the following: rowdy behavior, blocking the passage of pedestrians or littering, as observed and cited by Town inspectors or Police Department personnel, shall be cause for revocation of the permit.

(5) If the outdoor dining shall be located on the Town's right-of-way (sidewalk), then the applicant for the permit shall submit a certificate of insurance, along with the application, naming the Town of Huntington as an additional named insured. A certificate of insurance evidencing such coverage and providing proof that the Town of Huntington is an additional insured shall be provided by the applicant to the Huntington Director of Engineering Services before the granting of the requested permit. Said coverage shall remain in full force and effect for the term of the permit.

(6) As a condition of the granting of the temporary outdoor dining permit, the applicant agrees to indemnify and hold the Town of Huntington, its agents, servants and/or employees harmless from and against all claims, including reasonable attorney fees and liability for property damage and/or personal injury, including death, arising out of or in connection with the applicant's use and occupancy of the Town's right-of-way as contemplated by the permit herein described.

(7) The applicant shall not install any permanent obstructions or barriers on the Town's right-of-way.

(8) The building in which the restaurant is located shall have a certificate of occupancy (permitted use) for the current establishment before applying for the temporary outdoor dining permit.[8]

PARKING SPACE

A surfaced area, enclosed in a building or unenclosed, having an area of not less than three hundred fifty (350) square feet, including driveways, designed for the temporary storage of one (1) automobile and connected with a street by an all-weather surfaced driveway which affords satisfactory ingress and egress.

PARKING STRUCTURE

A building which houses or encloses motor vehicles which are the personal property of the persons visiting a site. A parking structure must meet all of the height and setback requirements of the primary structure for the zoning classification in which the subject property is located, unless otherwise stated. Each level in a building constructed to be a parking structure that has a floor and ceiling or floor above, including the level at grade, shall be considered a story.

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

PARKING STRUCTURE COVERAGE

That area of a site which is covered, by a structure for the parking of motor vehicles.

[Added 2-9-1993 by Ord. No. 92-ZC-292]

PENNANT

See SIGN, PENNANT.

[Added 6-20-2006 by L.L. No. 19-2006]

PET DAY CARE CENTER

A business that provides daily boarding and care of dogs or cats or of other animals which may be considered household pets as defined in § 198-13(B)(4). Facilities operating between the hours of 8:00 PM to 6:00 AM shall be classified as Kennels.

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

PLANNED INDUSTRIAL PARK

Any land or plot in an industrial district intended for development as a unified project to accommodate three (3) or more principal buildings, in which sites, together with buildings thereon, are to be offered for sale or lease and which requires the installation of a new street.

PLANNING BOARD

The Huntington Town Planning Board as established pursuant to § 271 of the Town Law and § 10 of the Municipal Home Rule Law.

[Amended 5-7-2002 by L.L. No. 13-2002]

PORCH

A roofed structure, providing shelter at the entrance of a building, without screens or windows.

[Added 1-26-1999 by L.L. No. 2-1999]

PREMISES

A lot, together with all buildings and structures thereon.

PRINCIPAL FRONTAGE

(1) For existing and proposed one- and two-family dwellings, the principal frontage for a corner lot or a through lot shall be the shorter of the street frontages. For all other development, the principal frontage for a corner lot or a through lot shall be determined by the Planning Board; and (2) for the purpose of signage, the term principal frontage shall mean the storefront of each individual business located within a lot, or the side of the building where the main entrance is located in the case of a single business (excludes structural elements that extend above the lowest point of the roof).

[Added 10-15-2002 by L.L. No. 54-2002; amended 12-4-2007 by L.L. No. 41-2007; 1-8-2013 by L.L. No. 2-2013]

RECREATIONAL USE

The use of land for athletic or sporting activities, playgrounds, and leisure activities making use of outdoor resources, such as horseback riding, camping, hiking, bird watching, picnicking, sunbathing, and dog walking.

[Added 3-9-2010 by L.L. No. 4-2010]

RELIGIOUS INSTITUTION

Includes an incorporated or unincorporated church, synagogue, temple, chapel, mosque and/or other house of worship, as defined in the applicable provisions of the Religious Corporations Law, including subsequent changes or amendments thereto and/or its successor.

[Added 1-25-2000 by L.L. No. 1-2000]

RESTAURANT

A commercial establishment open to the general public for the preparation, service and consumption of food on the premises which must provide, subject to the issuance of an assembly permit, at all times when open to the public:

[Added 6-25-1991 by Ord. No. 91-ZC-259; amended 1-12-2016 by L.L. No. 4-2016]

(1) Kitchen facilities for food service; and

(2) Seating with tables and chairs, excluding bar stools or counter service, for ninety (90%) percent of the persons who may lawfully occupy the premises.

RESUBDIVISION

The redivision or redevelopment of lots, blocks or sites already shown on a map filed in the office of the Clerk of Suffolk County pursuant to § 335 of the Real Property Law.

[Added 2-10-2015 by L.L. No. 16-2015]

RETAINING WALL

A structure built to permanently retain or support adjoining earth.

[Added 1-9-2007 by L.L. No. 4-2007]

RETAINING WALL, TIERED

A combination of retaining walls on the same slope. Retaining walls will not be considered a tiered wall when the horizontal distance between any two (2) walls is greater than or equal to ten (10) times the height of the taller of the two (2) walls, or when the combined height of the walls does not exceed eight (8) feet with a minimum horizontal distance of twenty (20) feet between any two walls. The load from the upper wall cannot influence the stability of the lower wall as determined by the Director. In no event shall the final grade between two walls be greater than a one (1) on three (3).

[Added 5-7-2013 by L.L. No. 10-2013]

RIGHT-OF-WAY (ROW)

(1) A strip of land acquired by reservation, dedication, prescription, condemnation, or otherwise and intended to be occupied or reserved for use by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water line, sanitary or storm sewer, or other similar uses; or (2) generally, the right of one to pass over the property of another.

[Added 2-10-2015 by L.L. No. 16-2015]

ROOF

The covering of the top of a building, serving to protect against the elements such as rain, snow, sunlight, wind and the extremes of temperature.

[Added 7-5-2005 by L.L. No. 26-2005]

ROOFLINE

For the purpose of Article XIV (Signs and Advertising Devices), the term "roofline" shall mean the highest point of the coping on a flat roof, false mansard, or parapet wall; the deck line of a true mansard roof; the ridge line between the upper and lower slopes of a gambrel roof; or the mean point between the eaves and ridge of a gable or hip roof.

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

SATELLITE DISH ANTENNA

A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as "satellite earth stations," "TVRO's," and "satellite microwave antennas." These antennas are permitted as accessory to a permitted use, subject to the requirements set forth for them in § 198-59 of the Building Zone Ordinance. In instances where the satellite dish antenna is a principal use and in instances where the satellite dish antenna is a video transmitting antenna, any application for the use requires a special use permit from the Zoning Board of Appeals pursuant to §§ 198-66, 198-67 and 198-68A(6).

[Added 8-21-1990 by Ord. No. 90-CE-I]

SCREENING (BUFFER STRIP)

A strip of land running the length of a lot line or part thereof in which is planted shrubs or trees which will form a dense year-round growth designed to protect adjoining properties. Alternatively, "screening" may be a solid wall or barrier of wood, concrete, brick or other material or a combination of fencing and planting. Screening shall not be less than six (6) feet in height.

SELF-SERVICE STORAGE FACILITY (or MINI STORAGE)

A structure containing separate storage spaces of varying sizes leased or rented as individual units, limited to dead storage, except that one (1) apartment, for use as manager's quarters and leasing office, shall be permitted as a customary accessory use. The storage of radioactive materials, explosives or other flammable or hazardous materials is prohibited. All other business activity, other than the rental of storage units, is prohibited, as is the servicing or repair of vehicles, boats, trailers, lawnmowers or any similar equipment. All such facilities shall have rental contracts including clauses prohibiting such activities. Such facilities may only be allowed as a conditionally permitted use and only in the I-3, I-4, I-5, and C-6 zoning districts pursuant to §§ 198-66 and 198-68(A).

[Added 5-11-1999 by L.L. No. 11-1999; amended 10-6-2009 by L.L. No. 19-2009; 5-16-2011 by L.L. No. 19-2011]

SENIOR HOUSING

Independent dwelling units requiring that at least one (1) owner is fifty-five (55) years of age or older and he or she occupies the dwelling unit.

[Added 6-11-2008 by L.L. No. 17-2008]

SETBACK LINE

The line that delineates the required minimum distance from any lot line and establishes the building envelope area within which the structure may be erected or placed.

[Added 2-10-2015 by L.L. No. 16-2015]

SHOPPING CENTER

A property containing a building occupied by three (3) or more commercial tenants that utilize a shared parking lot.

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

SHORT TERM RENTAL

For the purpose of this chapter the term "short term rental" shall consist of an accessory dwelling unit, formerly known as an accessory apartment, in an owner-occupied, single family home, which is the subject of a valid accessory dwelling unit permit; is rented, leased or otherwise assigned for a tenancy of less than thirty (30) consecutive days; and where no meals are served as part of the tenancy.

[Added 7-11-2017 by L.L. No. 30-2017; amended 7-16-2019 by L.L. No. 33-2019]

SIGN

Any letter, symbol, icon, trademark, model, banner, flag, pennant, insignia, display, decoration, emblem, device, pictorial representation, or other attention-directing device, or combination of these, illuminated or not, which is intended to or can be seen from the outside of a building or structure, and which is designed to or does convey a message concerning the identification of the premises or advertise the interests of any private or public firm, person or organization. A "sign" does not include the flag (except if displayed in a pennant format) or insignia of any nation or association of nations or of any state, city or other governmental unit, or of any charitable, educational, philanthropic, civic or religious organization.

[Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 6-20-2006 by L.L. No. 19-2006; 1-8-2013 by L.L. No. 2-2013]

SIGN, ANIMATED

Any sign which is designed to give a message through a sequence of progressive changes or movement of parts or lights or degree of lighting, accomplished by natural, manual, mechanical, electrical or other means. The term "animated sign" shall not include a sign located within a right-of-way and installed by or through a local, county, or state agency that functions as a traffic control device, or are temporary holiday displays.

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

SIGN AREA

That area within a line including the outer extremities of all letters, figures, characters and delineations or within a line including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background, whether it is columns, a pylon or a building or a part thereof, shall not be included in the sign area.

[Amended 4-7-1981 by Ord. No. 81-80-ZC-95]

SIGN, AWNING

A sign that is attached to, affixed to, or painted on an awning or canopy.

[Added 5-10-2005 by L.L. No. 18-2005]

SIGN, BALLOON

One (1) or more balloons used as a permanent or temporary sign or as a means of directing attention to any item, product, event, attraction, business, trade, entertainment or service sold, offered, performed or manufactured.

[Added 5-10-2005 by L.L. No. 18-2005]

SIGN, BANNER

Any cloth, bunting, plastic, paper or other material and captive/tethered balloon or inflatable sign used for advertising purposes attached to or pinned on or from the ground, or any structure, staff, pole, line, framing, or vehicle, including but not limited to feather signs.

[Added 5-10-2005 by L.L. No. 18-2005; amended 4-17-2012 by L.L. No. 8-2012]

SIGN, BILLBOARD

An outdoor advertising sign commonly characterized as a large, immobile, fixed structure attached to the ground or other structure.

[Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]

SIGN, CHANGEABLE COPY

A sign which is designed to display copy which may be changed or altered one (1) symbol, image or letter, or groups of symbols, images or letters, at a time by hand or by electronic means.

[Added 5-10-2005 by L.L. No. 18-2005]

SIGN, CONSTRUCTION/DEVELOPMENT

A temporary sign providing information about future development or current construction on site and which may identify the parties involved in the project. For the purpose of this Article, such signs shall be deemed "temporary signs."

[Added 5-10-2005 by L.L. No. 18-2005]

SIGN COPY

Letters, numbers, text, symbols, designs, graphics, images or other pictorial matter on a sign which is intended to inform, direct or otherwise transmit information.

[Added 5-10-2005 by L.L. No. 18-2005]

SIGN, DIRECTIONAL

Any on-premises sign that includes information assisting in the flow of pedestrian or vehicular traffic such as "ENTER," "EXIT," and "ONE WAY."

[Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]

SIGN, DIRECTLY ILLUMINATED

A sign which gives forth artificial light directly or through a transparent or translucent material from a source of light connected to the sign or part of the sign structure or assemblage.

[Amended 5-10-2005 by L.L. No. 18-2005]

SIGN, DIRECTORY

A sign on which are listed the names of two (2) or more persons, businesses or agencies in a place or location common to all, and includes a freestanding or monument sign.

[Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 1-8-2013 by L.L. No. 2-2013]

SIGN, FACIAL

A sign affixed to the wall of a building and where the face of the sign does not extend more than eighteen (18) inches beyond such wall at any point of measurement.

[Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]

SIGN, FLASHING

A sign lighted on an intermittent or flashing circuit such as blinking, flaring or changing in degree of intensity or color. Any revolving illuminated sign or revolving luminary device shall be considered a "flashing sign."

[Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]

SIGN, FREESTANDING

An on-premises sign featuring a single or double-sided sign face, that is attached or mounted to, erected on, or supported by some means other than by attachment to a building (such as a pole, stake, mast, frame, wall, fence or other apparatus).

[Added 8-5-1975 by Ord. No. 75-ZC-57; amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]

SIGN, FUTURE BUSINESS

A temporary sign describing a future business activity. For purposes of this article said sign shall be deemed a "temporary sign".

[Added 5-9-2017 by L.L. No. 20-2017]

SIGN, HOME OCCUPATION

A sign containing the name and the occupation of a permitted home occupation.

[Added 5-10-2005 by L.L. No. 18-2005]

SIGN, IDENTIFICATION

A sign which identifies a business, industry, service or attraction conducted upon the lot on which the sign is displayed, or which attracts attention to a commodity sold or displayed upon the lot or premises.

[Amended 4-7-1981 by Ord. No. 81-80-ZC-95]

SIGN, ILLUMINATED

Any sign which is illuminated by an artificial light source that is attached to the sign assemblage or that is detached from the structure and directed upon the sign. The entire background area that is illuminated shall be included in the calculation of the allowable sign area.

[Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]

SIGN, INDIRECTLY ILLUMINATED

A sign illuminated by a source of artificial light which is detached from the sign structure and directed upon the sign.

[Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]

SIGN, INTERIOR

Any sign that is affixed to, posted or painted on the interior or exterior of a window or glass door or placed behind a window pane or glass door, so as to attract the attention of or be visible to persons outside the building.

[Amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]

SIGN, MARQUEE

A permanent sign, designed with or without changeable copy, which extends from part of a wall of a building and is not supported by the ground in any manner.

[Added 5-10-2005 by L.L. No. 18-2005]

SIGN, MENU BOARD

A sign erected in conjunction with a use that incorporates a drive-through or drive-in, and is generally used to provide service and/or product options or pricing to patrons who remain in their vehicles.

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

SIGN, MESSAGE BOARD

A sign which is erected to announce events to be held on the same property, usually consisting of a track system to hold individual letters or text, but also by electronic or digital means.

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

SIGN, MOBILE

A sign attached to, mounted, pasted, painted, or drawn on any vehicle, whether motorized or drawn, that is placed, parked, or maintained at one (1) location to announce, inform, advertise, promote or draw attention to an item, product, event, attraction, service, or trade, or to convey a message of any kind. A mobile sign under this Chapter shall not include signs, including off-premises advertising signs, on bicycles (or other similar shared micromobility service vehicles) on property owned by the Town of Huntington or Town of Huntington Board of Trustees, in connection with a bicycle share (or other similar shared micromobility service) program, pursuant to an agreement with and approved by the Town of Huntington or Town of Huntington Board of Trustees.

[Added 5-10-2005 by L.L. No. 18-2005; amended 10-16-2019 by L.L. No. 51-2019]

SIGN, MONUMENT

A freestanding identification sign erected upon a masonry base and not supported by columns, girders or other structural elements. A "monument sign" shall be constructed of material similar in nature or complementary to the building which it identifies and may contain letters, numbers, trademarks and logos. A "monument sign" shall not be greater than six (6) feet in height above grade, nor more than sixty (60) square feet in area. No "monument sign" shall be located within ten (10) feet of a street line.

[Added 1-26-1982 by Ord. No. 82-ZC-108]

SIGN, MOVABLE COPY

A sign containing light or copy which is electronically produced and moves or travels across any portion of the face of the sign.

[Added 5-10-2005 by L.L. No. 18-2005]

SIGN, MURAL

A depiction attached to or painted or drawn on an exterior structure in order to advertise or draw attention to a service, product, business, or trade, except that a mural sign shall not include a depiction of a historical event, a tourist attraction, or other image or message which does not advertise a service, product, business or trade.

[Added 11-20-2018 by L.L. No. 36-2018]

SIGN, NEON

A sign, or portion thereof, containing vacuum-tight glass tubing filled with neon, argon or other similar substance, which is bent to form letters, symbols or other shapes, and where the tubing is affixed or placed on the face of the sign.

[Added 5-10-2005 by L.L. No. 18-2005]

SIGN, NON-COMMERCIAL

A sign which conveys a message which is other than commercial advertising (not undertaken for profit or monetary compensation).

[Added 11-20-2018 by L.L. No. 36-2018]

SIGN, OFF-PREMISES ADVERTISING

A sign which announces, informs, advertises, refers to or draws attention to any item, product, event, attraction, business, trade, entertainment or service not sold, offered, performed or manufactured on-site or connected to the use of the building or property where the sign is located.

[Added 5-10-2005 by L.L. No. 18-2005]

SIGN, PENNANT

One or a series of triangular, forked, square, round or rectangular-shaped flags joined together or suspended by a string, cord, wire or other fastener, including a series of American flags.

[Added 6-20-2006 by L.L. No. 19-2006; amended 1-8-2013 by L.L. No. 2-2013]

SIGN, PORTABLE

A sign whose principal supporting structure is intended by design or construction, to be rested upon the ground for support and may be easily moved or relocated for reuse. Portable signs shall include, but shall not be limited to, signs mounted upon a trailer, bench, wheeled carrier, or other non-motorized mobile structure with or without wheels.

[Added 5-10-2005 by L.L. No. 18-2005]

SIGN, PROJECTING

Any sign which is attached to a building, whether by brace(s), bracket(s) or other connecting device(s), and the sign is not parallel to the face or wall of the building or structure, and the face of the sign extends more than eighteen (18) inches beyond the building at any point of measurement therefrom.

[Added 8-5-1975 by Ord. No. 75-ZC-57; amended 4-7-1981 by Ord. No. 81-80-ZC-95; 5-10-2005 by L.L. No. 18-2005]

SIGN, PUBLIC INFORMATION

A sign usually erected or maintained by a municipality or public agency, that provides the public with information and in no way relates to a commercial activity, including but not limited to, speed limit signs, stop signs, city limit signs, street name signs, and directional signs.

[Added 5-10-2005 by L.L. No. 18-2005]

SIGN, REAL ESTATE

A sign advertising the sale, lease or rental of any portion of the building(s) or property on which the sign is located, or announcing that same has been sold.

[Added 5-10-2005 by L.L. No. 18-2005]

SIGN, RESIDENTIAL SUBDIVISION OR SITE DEVELOPMENT IDENTIFICATION

A sign located at the entrance of an approved residential subdivision or a residential development that has received site plan approval.

[Added 11-20-2018 by L.L. No. 36-2018]

SIGN, ROOF

A sign which is erected, constructed, or maintained on a flat or pitched roof.

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

SIGN, SANDWICH

A sign constructed in such a manner as to form an "A" or a tent-like shape, hinged or not hinged at the top.

[Added 5-10-2005 by L.L. No. 18-2005]

SIGN, SUSPENDED

A sign that is suspended from the underside of an exterior horizontal surface or overhang.

[Added 11-20-2018 by L.L. No. 36-2018]

SIGN, TEMPORARY

A sign designed or displayed to announce or draw attention to a seasonal or brief activity, including but not limited to, sales, specials, promotions, holidays, auctions, special business events, liquidation sales, future business activity, going-out-of-business sales, fire sales and grand openings. Symbols, balloons, twirlers, pennants, flags, streamers, air filled figures and other similar items shall be considered temporary signs. For the purpose of this Article, temporary signs shall also include construction/development signs.

[Added 5-10-2005 by L.L. No. 18-2005; amended 5-9-2017 by L.L. No. 20-2017]

SIGN, VISUAL IMAGE

A screen, receptor, monitor or television on which moving images or film is shown to inform the public, or to announce, advertise or draw attention to a product, item, event, attraction, trade or service, and is placed behind a window pane or outside of a building or structure so as to attract the attention of the public or be visible from a public place.

[Added 5-10-2005 by L.L. No. 18-2005]

SIGN, VEHICULAR

Any letter, group of letters, words or copy which forms or is used as an announcement, advertisement or other attention-directing device, placed, painted, affixed, annexed or attached, upon a motor vehicle, trailer or other vehicle commonly used for transportation, travel or delivery, whether or not such motor vehicle, vehicle or trailer is operable or registered. It is the intention of the Town Board to prevent attempts to circumvent the freestanding sign restrictions of this Article by utilizing vehicles as substitutes for permitted freestanding signs.

[Added 4-7-1981 by Ord. No. 81-80-ZC-95; amended 5-10-2005 by L.L. No. 18-2005]

SIGN, WINDOW

Any sign which is applied, attached or mounted on or over a window or glass door and is primarily designed to be visible to those outside of the building or structure where the sign is placed or mounted.

[Added 11-20-2018 by L.L. No. 36-2018]

SLOPE

The deviation of a surface, whether natural or manmade, from a horizontal level plane, expressed as a percentage after dividing the change in vertical elevation between two points by the horizontal distance between them.

[Added 2-10-2015 by L.L. No. 16-2015]

SMOKING

Smoking is the inhalation of the smoke/liquid nicotine/vapors/water pipe tobacco and other substances encased in electronic cigarettes, vape pens, and pipes commonly known as "hookah", "waterpipe", "shisha", and "narghile" or any similar device.

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

STORY

The portion of a building which is between one (1) floor level and the next higher floor level or the roof, not including an attic or crawl space.

[Amended 1-26-1999 by L.L. No. 2-1999[9]; 5-7-2013 by L.L. No. 10-2013]

STORY ABOVE GRADE PLANE

Any story having its finished floor surface entirely above grade plane, except that a basement shall be considered as a story above grade plane where the finished surface of the floor above the basement is either more than six (6) feet above grade plane or more than twelve (12) feet above grade at any point.

[Added 5-7-2013 by L.L. No. 10-2013]

STREET

A public or private thoroughfare which affords the principal means of access to abutting property.

STREET LINE

A dividing line between a lot, tract or parcel of land and a contiguous street. For the purposes of this chapter, a street line shall also be referred to as a right-of-way line and include the line where the property line and the right-of-way line are coincident.

[Amended 10-15-2002 by L.L. No. 54-2002]

STREET, MAJOR

Any public thoroughfare existing or proposed which has been designated as a major street on a plan officially adopted by the Town or an agency thereof having jurisdiction over such matters. For the purposes of this chapter, any thoroughfare or part thereof which has been designated as a state or county road shall be considered as a major street.

STRUCTURAL ALTERATIONS

Any change in the supporting members of a building, including but not limited to bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

STRUCTURE

[Amended 12-4-2007 by L.L. No. 40-2007; 10-21-2014 by L.L. No. 37-2014]

(1) Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground, without limitation, including signs. A "structure" shall include fences more than six (6) feet in height and retaining and freestanding walls more than four (4) feet in height.

(2) For the purpose of Article VI of this Chapter, the term "structure" shall include anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including but not limited to objects, buildings, outbuildings, fences, decks, statuary, pillars, columns, steps, stairways, gazebos, walls, sidewalks, walkways, pavements, signs, billboards, towers, swimming pools and other objects or improvements.

SUBDIVISION

The division or development of any real property into more than one (1) lot, block or site, with or without streets, not on a map previously filed in the office of the Clerk of Suffolk County pursuant to § 335 of the Real Property Law, and includes property fronting on existing streets.

[Added 2-10-2015 by L.L. No. 16-2015]

SUBDIVISION, MAJOR

A subdivision containing five (5) or more lots.

[Added 2-10-2015 by L.L. No. 16-2015]

SUBDIVISION, MINOR

A subdivision containing four (4) or fewer lots.

[Added 2-10-2015 by L.L. No. 16-2015]

SWIMMING POOL

Any structure, basin, chamber or tank which is intended or can be used for swimming, diving, recreational bathing or wading and which contains, is designed to contain, or is capable of containing water more than 24 inches (610 mm) deep at any point. The term shall include in-ground, above-ground and on-ground pools, indoor pools, and fixed-in-place wading pools, but not hot tubs and spas.

[Added 2-10-2015 by L.L. No. 16-2015]

TAVERN/BAR

A commercial establishment open to the general public for the preparation, service and consumption of food and/or drink on the premises which is subject to the issuance of an assembly permit, and does not provide, at any time when open to the public, the following:

[Added 1-12-2016 by L.L. No. 4-2016]

(1) Kitchen facilities for food service; and

(2) Seating with tables and chairs, excluding bar stools or counter service, for ninety (90%) percent of the persons who may lawfully occupy the premises.

THROUGH LOT

See "lot, through."

[Added 10-15-2002 by L.L. No. 54-2002]

USE

The purpose for which land or any building or structure thereon is designed, erected, arranged or intended for use or for which it is or may be occupied or maintained.

[Amended 5-7-2002 by L.L. No. 13-2002]

VAPE STORES

Any facility or location whose business operation, and its principal use, include the retail sale of electronic cigarettes, vape pens, vapors, e-liquids, or other substances.

[Added 5-9-2023 by L.L. No. 7-2023]

VEHICLE, ALTERNATIVE FUEL

Any motor vehicle which is powered by clean-burning fuels such as compressed natural gas (CNG); liquefied natural gas (LNG); liquefied petroleum gas (LPG) (propane); hydrogen; electricity (including electricity from solar energy); coal-derived liquid fuels; one hundred (100%) percent bio-diesel, and any other fuel which is at least eighty-five (85%) percent alcohol (any kind) including methanol (M85) and denatured ethanol. Alternative fuel vehicles shall include dedicated natural gas vehicles (NGVs) which are designed to run only on natural gas, bi-fuel NGVs which have two separate fueling systems enabling these vehicles to use either natural gas or conventional fuel such as gasoline or diesel, and those vehicles which have been retrofitted or converted into an alternative fuel vehicle.

[Added 9-22-2009 by L.L. No. 14-2009]

VEHICLE, HYBRID

Any gas-electric powered motor vehicle.

[Added 9-22-2009 by L.L. No. 14-2009]

WETLANDS

Land areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands may include vernal surface waters and generally include creeks, swamps, marshes, bogs, and similar areas and can be fresh, brackish, or salt water to include tidal wetlands. Some wetlands may be locally, State or Federally regulated and must therefore conform to the applicable local, State or Federal regulations regarding its use, use of adjacent areas, and/or building setback requirements.

[Added 2-10-2015 by L.L. No. 16-2015]

YARD

An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.

YARD, FRONT

A yard across the full width of a lot, extending from the front line of the main building to the principal frontage along the front street line of the lot.

[Amended 12-4-2007 by L.L. No. 41-2007]

YARD, REAR

A yard extending the full width of the lot between a principal building and the rear lot line.

YARD, SIDE

A yard between the main building and the adjacent side of the lot and extending from the front yard to the rear yard thereof.

YIELD MAP

A map fully conforming to the relevant zoning ordinance requirements, including topographical data, existing conditions to the extent they would influence yield determination, used by the Planning Board to establish lot yield of a property.

[Added 2-10-2015 by L.L. No. 16-2015]

ZONING BOARD

The Zoning Board of Appeals of the Town of Huntington as established pursuant to § 267 of the Town Law and § 10 of the Municipal Home Rule Law.

[Amended 5-7-2002 by L.L. No. 13-2002]

[1] Editor’s Note: The definition of "accessory apartment," added 11-9-2011by L.L. No. 31-2011, which immediately preceded this definition, was repealed 7-16-2019 by L.L. No. 33-2019.

[2] Editor's Note: The former definition of "cellar," which immediately followed, as amended, was repealed 5-7-2013 by L.L. No. 10-2013.

[3] Editor's Note: The former definition of "campground lodging," added 5-11-2021 by L.L. No. 26-2021, which immediately followed, as amended, was repealed 6-14-2022 by L.L. No. 11-2022.

[4] Editor’s Note: The definition of "convalescent home," added 3-3-1993 by L.L. No. 8-1998, which immediately followed this definition, was repealed 6-11-2008 by L.L. No. 17-2008.

[5] Editor's Note: The former definitions of "marijuana" and "marijuana, recreational," both added 8-6-2019 by L.L. No. 45-2019, which immediately followed this definition, were repealed 12-14-2021 by L.L. No. 66-2021.

[6] Editor’s Note: The former definition of “median family income,” which immediately followed this definition, was repealed 5-9-2017 by L.L. No. 19-2017.

[7] Editor's Note: The former definition of "non-structural wall," which immediately followed this definition, was repealed 1-9-2007 by L.L. No. 4-2007.

[8] Editor's Note: Former Subsection (9), regarding no permits being issued after September 30, 1998, was repealed 5-11-1999 by L.L. No. 8-1999.

[9] Editor's Note: This local law also repealed the former definition of "story, half," which immediately followed this definition.

§ 198-3 Construal of provisions.

The regulations of this chapter are to be considered to be minimum provisions for the protection and promotion of the public health, safety, morals, convenience and the general welfare, and the chapter should be liberally construed so as to further these purposes.

§ 198-4 Stricter provisions to govern.

This chapter is not intended to interfere with or abrogate or annul any other Town ordinance or code, or regulation or rule adopted thereunder, or agreement between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by such ordinances or rules and regulations or agreements, the provisions of this chapter shall control.

§ 198-5 Permits, certificates or variances issued prior to chapter.

This chapter or any amendment thereto is not intended to abrogate or annul any building permits, certificates of occupancy, variances or special permits lawfully issued before the effective date of this chapter or amendment, provided that any permit or certificate shall be implemented as provided herein within the specified period of time during which it is valid.