Height, area and bulk requirements for the various
districts shall be as indicated in the chart below, together with
other height, area and bulk requirements contained elsewhere in the
chapter. Refer to the specific district regulations for special conditions
and requirements.[1]
[1]
Editor's Note: The table of height, area and bulk requirements is included at the end of this chapter.
Notwithstanding any other provision of this
chapter, no permit shall be issued for any building where any structure
appurtenant thereto, including exhaust stacks, chimneys, cooling towers,
elevator housings, heating or air-conditioning machinery, tanks, cupolas,
steeples or similar projection, is designed to exceed the specified
building height limit for the district by more than twenty-five (25)
feet until the Town Board has reviewed and approved the site and building
plans. Prior to the grant of any such approval, the Town Board shall
determine that such excess height is reasonably necessary to the proper
conduct of the use, that the public health, safety and welfare are
adequately safeguarded and that the character of the neighborhood
is not adversely affected. Prior to the approval of any application
under this section, the Town Board may conduct a public hearing after
due notice and may compel the attendance of witnesses and take sworn
testimony.
A.
The height limitations of this chapter shall not apply
to:
(1)
Belfries or church spires.
(2)
Flagpoles.
(3)
Public monuments.
(4)
Municipal water tanks, towers or standpipes.
(5)
Radio and antenna towers, antennae or beacons which
are equipped with breakaway design and technology, causing them to
fold and fall within the lot upon which they are located in case of
collapse.
[Amended 7-1-1998 by Ord. No. 98-ZC-8]
B.
Elevator housings, ventilating and air-conditioning
devices and similar appurtenances usually carried above roof level
may exceed the height limits by fifty (50%) percent of the building
height but not more than twelve (12) feet, provided that the total
area covered is not more than twenty-five (25%) percent of the roof
area.
C.
Public or semipublic buildings such as hospitals,
institutions, schools, churches or temples may be erected to a height
in excess of that permitted for the district, provided that all minimum
yard requirements shall be increased one (1) foot for each foot of
height in excess of the limit for the district, but no such building
shall exceed seventy-five (75) feet.
D.
Any portion of the building, structure, or equipment that protrudes
above the roofline shall require visual screening from ground level.
The screening will not be included in calculating the height of the
building. Screening will be required in all cases when the protuberances
are visible to adjacent residential, educational, or religious uses.
The Planning Board shall consider the size of the protuberances, their
location on the building, and the aesthetic impact of the screening
in determining the appropriate design. The Planning Board may specify
the type of materials and colors used. Screening may be waived by
the Planning Board for alterations to an existing building that are
not creating new visual impacts, for impacts solely on nonresidential
property where the architectural design of a gabled or hipped roof
makes such screening impracticable.
[Added 6-15-2021 by L.L. No. 31-2021]
A.
Every part of a required yard shall be open and unobstructed
to the sky except for permitted accessory buildings and structures
and the ordinary projection of sills, cornices, decorative features,
window air-conditioning units and chimneys, which may extend not more
than twenty-four (24) inches into a required yard and egress windows
or basement window wells which may extend 42" into a yard provided
same contain a protective cover or grate.
[Amended 11-19-2019 by L.L. No. 64-2019]
B.
Where a lot is to be used for hospital, institutional,
educational or dwelling purposes, including motels, such buildings
may be arranged around a court which is unobstructed except for permitted
off-street parking areas or roofed passageways at ground level and
which is open on at least one (1) side facing a street. Any such court
between buildings which are parallel or within forty-five (45°)
degrees of being parallel shall have an average width of not less
than thirty (30) feet for one- and two-story buildings plus ten (10)
feet additional for each additional story, and the least horizontal
dimension of such court shall not be less than twenty (20) feet.
C.
The least dimension of any yard upon which the principal
entrance of a multiple dwelling may face shall be twenty (20) feet.
D.
An open, unenclosed, entry porch or stair which does
not extend above the level of the first floor may extend into a required
front, side or rear yard a distance of not more than seven (7) feet
but shall not be placed within five (5) feet of a side or rear lot
line.
[Amended 1-26-1999 by L.L. No. 2-1999]
E.
An uncovered accessory swimming pool or barbeque grill
may be located within a required rear yard but shall not be placed
within five (5) feet of a side or rear lot line.
F.
Where a lot used for industrial or commercial purposes
abuts a residence district boundary, the side or rear yard requirements
of the residence district side which abuts the lot shall apply to
any such use, except that where district regulations for the industrial
or commercial use impose higher requirements, such higher requirements
shall apply; provided, however, that such rear yard requirement shall
not apply to C-9 waterfront properties.
[Amended 5-26-1970 by Ord. No. 70-ZC-8; 5-4-2004 by L.L. No. 12-2004]
G.
On through lots, the required front yard shall be
provided on each street.
H.
Open or lattice-enclosed fire escapes and the ordinary
projection of chimneys and flues may project into a required rear
yard a distance of not more than four (4) feet.
I.
In R-5 and R-3M Residence Districts and C-1 Business
Districts, a fire escape, entry porch or stair affixed to and running
parallel with the wall of a residence structure may project into a
required side or rear yard a distance of not more than four (4) feet.
J.
No required yard or open space about one (1) building
shall be included in determining the required yard or open space about
any other building.
K.
Where an official line has been established for the
future widening or opening of a street upon which a lot abuts, the
required depth of a front or side yard shall be measured from such
official line.
[Amended 2-6-1979 by Ord. No. 79-ZC-91]
L.
Notwithstanding the provisions of this article, no
projection of a structure or appurtenance into a required yard used
for residence purposes shall be allowed if the unobstructed width
of the side yard is thereby reduced to less than five (5) feet.[1]
[1]
Editor's Note: Former Subsection M, concerning
open, unenclosed, unroofed entry porches or stairs, added 6-14-1977
by Ord. No. 77-ZC-72, and which immediately followed this subsection,
was repealed 1-26-1999 by L.L. No. 2-1999.
A.
Except as provided in this article or in the district
regulations, no accessory building shall be located within a required
yard.
B.
Accessory buildings shall be included in computing
the maximum percentage of lot which may be covered by buildings.
C.
In residence districts, detached accessory buildings
shall not exceed the following:
[Amended 1-26-1999 by L.L. No. 2-1999; 4-19-2005 by L.L. No.
12-2005]
D.
In residence districts, accessory structure(s), excluding
fences, freestanding walls and retaining walls, shall not be located
between any street line (property line) and the existing or proposed
setback line of the main building on the lot.
[Amended 12-2-1986 by Ord. No. 86-ZC-163; 1-26-1999 by L.L. No. 2-1999; 7-5-2005 by L.L. No. 28-2005; 5-8-2007 by L.L. No. 19-2007]
(1)
Sheds under two hundred (200) square feet shall not
be closer than two (2) feet to a side or rear lot line.
(2)
In R-80, R-40, R-20 and R-15 Districts, accessory
structures, other than sheds under two hundred (200) square feet,
shall not be closer than ten (10) feet to a side or rear lot line.
(3)
In R-10, R-7 and R-5 Districts, accessory structures
shall not be located closer than two (2) feet to a side or rear lot
line.
E.
In the case of a corner lot, an accessory building
or structure shall not project beyond the required yard line along
either street or the existing setback of the main building on the
lot. In the case of a corner lot with direct access to the Long Island
Expressway or its service roads, an accessory parking structure may
project beyond the existing setback of the main building on the lot.
[Amended 1-26-1999 by L.L. No. 2-1999; 6-11-2008 by L.L. No.
18-2008]
F.
An accessory garage or other building attached to
the main building shall be considered part of the main building in
determining yard requirements.
[Amended 1-26-1999 by L.L. No. 2-1999]
G.
In the C-1, C-3, C-6 and C-7 Business Districts, no
accessory building shall be located closer to any street line than
the main building on the lot, and no accessory building shall be located
within two (2) feet of a side or rear lot line.
H.
Satellite dish antennas.
[Added 8-21-1990 by Ord. No. 90-CE-1]
(1)
Satellite dish antennas shall be permitted as accessory
structures within any use district, subject to the requirements contained
herein and subject to the issuance of a building permit from the Town
of Huntington, Department of Engineering Services.[1]
(2)
Standards applying to all use districts:
(a)
Satellite antennas shall be designed to withstand
winds of up to one hundred twenty (120) miles per hour.
(b)
All antennas shall be installed and operated
in accordance with the manufacturer's specifications.
(c)
All antennas shall be adequately grounded.
(d)
All fastening configurations shall be designed
by a professional engineer licensed in the State of New York, and
plans submitted for approval shall bear the seal and signature of
the holder of such a license.[2]
[2]
Editor's Note: Former Subsection H(2)(e),
which regulated the location of installed antennas and which immediately
followed this subsection, was repealed 1-12-1993 by Ord. No. 92-ZC-295.
(3)
Standards applying to all residential zoning districts:
(b)
All antennas shall employ (to the extent possible)
material and colors that blend with the surroundings.
[Amended 1-12-1993 by Ord. No. 92-ZC-295]
(c)
Roof-mounted satellite antennas may be installed
in all residence districts.
(d)
Roof-mounted satellite antennas shall not exceed
ten (10) feet in diameter, and shall be finished in a color that blends
with the surroundings.
[Amended 1-12-1993 by Ord. No. 92-ZC-295]
(e)
No more than one (1) satellite dish antenna
may be permitted per structure.
(4)
Standard applying to all commercial and industrial
zoning district:
(a)
All antennas shall employ (to the extent possible)
material and colors that blend with the surroundings.
[Amended 1-12-1993 by Ord. No. 92-ZC-295]
(b)
Roof-mounted satellite dish antennas shall be
mounted as close to the center of the roof as is practicable and shall
not exceed a height of twelve (12) feet, nor may they exceed the height
of the building by more than fifty (50%) percent.
[Amended 1-12-1993 by Ord. No. 92-ZC-295]
