INCORPORATED VILLAGE OF HUNTINGTON BAY
Local Law No. 5 of the Year 2009

A local law entitled, "Amendment to Village Code Regarding District Regulations"

Be it enacted by the Board of Trustees of the Incorporated Village of Huntington Bay as follows:

The Code of the Village of Huntington Bay is hereby amended to revise Chapter 91 to read as follows:

Chapter 91

ZONING

ARTICLE III

District Regulations

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The following amendments shall affect all applications submitted after the effective date of this local law.

Note: §91-7 (B) shall be amended to add the following text.]

§ 91-7. Permitted Uses. [Amended 10-9-1946; 5-7-1951; 4-4-1960; 8-8-1977; 2-11-1991 by L.L. No. 1-1991; 3-14-1994 by L.L. No. 1-1994; and - - 2009 by L.L. No. 5 -2009]

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B.In Waterfront Preservation Districts A-1, B-1, C-1 and D-1, no building or premises shall be used, arranged, intended or designed for any purpose or use except one or more of the following:

(1) Single-family dwellings.

(2) Private garages for the storage of not more than three motor vehicles.

(3) Accessory buildings customarily incident to a single-family dwelling.

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[Note: §91-9 shall be amended to add the following text.]

§91-9. Lot area and width. [Amended 10-9-46; 2-11-1991 by L.L. No. 1-1991; 3-14-1994 by L.L. No. 1-1994; - - 2009 by L.L. No. 5- 2009]

A. Area of lot. For buildings hereafter erected The minimum lot area for each building, together with the accessory buildings appurtenant thereto, shall be as follows:

(1) In a Residence A District, ½ acre.
(2) In a Waterfront Preservation District-A1, ½ acre.
(3) In a Residence B District, ¼ acre.
(4) In a Waterfront Preservation District-B1, ¼ acre.
(5) In a Residence C District, one acre.
(6) In a Waterfront Preservation District-C1, one acre.
(7) In a Residence D District, ½ acre.
(8) In a Waterfront Preservation District-D1, ½ acre.

B. Width of lot. The minimum average width of lot for each building, together with the accessory buildings appurtenant thereto, shall be as follows:

(1) In a Residence A District, 100 feet.
(2) In a Waterfront Preservation District-A1, 100 feet.
(3) In a Residence B District, 100 feet.
(4) In a Waterfront Preservation District-B1, 100 feet.
(5) In a Residence C District, 150 feet.
(6) In a Waterfront Preservation District-C1, 200 feet.
(7) In a Residence D District, 75 feet.
(8) In a Waterfront Preservation District-D1, 100 feet.

C. Floor area ratio. The maximum floor area ratio per lot shall be as follows: [Added 3-21-2005 by L.L. No. 2-2005; amended - - 2009 by L.L. 5-2009]

(1) In a Residence A District, 18%.
(2) In a Waterfront Preservation District-A1, 18%.
(3) In a Residence B District, 30%.
(4) In a Waterfront Preservation District-B1, 30%.
(5) In a Residence C District, 14%.
(6) In a Waterfront Preservation District-C1, 14%.
(7) In a Residence D District, 18%.
(8) In a Waterfront Preservation District-D1, 18%.

D. Lot area coverage. The maximum lot area coverage per lot shall be as follows: [Added 3-21-2005 by L.L. No. 2-2005; amended - - 2009 by L.L. 5-2009]

(1) In a Residence A District, 26%.
(2) In a Waterfront Preservation District-A1, 26%.
(3) In a Residence B District, 36%.
(4) In a Waterfront Preservation District-B1, 36%.
(5) In a Residence C District, 20%.
(6) In a Waterfront Preservation District-C1, 20%.
(7) In a Residence D District, 26%.
(8) In a Waterfront Preservation District-D1, 26%.

[Note: §91-10 shall be amended to modify and add the following text.]

§91-10. Yards . [Amended 10-9-1946; 3-3-1951; 6-8-1959; 2-11-1991; 4-12-1993 by L.L. No. 1-1993; 3-14-1994 by L.L. No. 1-1994; - - 2009 by L.L. No. 3-2009]

A. Front yard. [Amended - - 2009 by L.L. No. 5-2009]

(1)General. Along all frontages, there shall be a front yard of the following minimum depth:

(a) In a Residence A District, 25 feet.
(b) In a Waterfront Preservation District-A1, 50 feet.
(c) In a Residence B District, 25 feet.
(d) In a Waterfront Preservation District-B1, 25 feet.
(e) In a Residence C District, 25 feet.
(f) In a Waterfront Preservation District-C1, 200 feet.
(g) In a Residence D District, 25 feet.
(h) In a Waterfront Preservation District-D1, 50 feet
(i) In Waterfront Preservation Districts-A1, B1 C1 and D1, the front yard shall be deemed to be the area between the residence and Huntington Bay or Huntington Harbor.
(j) In the Waterfront Preservation Districts A1, B1, C1 and D1 for lots not fronting Huntington Bay or Huntington Harbor, the front yard shall be 40 feet.

(2) Corner lots. [Amended - - 2009 by L.L. No. 5-2009]A corner lot shall have a front yard along its principal frontage of the depth required by the preceding Subsection A(1) of this section. A corner lot shall also have a front yard along the side street frontage of the following minimum depth:

(a) In a Residence A District, 25 feet.
(b) In a Waterfront Preservation District-A1, 25 feet.
(c) In a Residence B District, 25 feet.
(d) In a Waterfront Preservation District-B1, 25 feet.
(e) In a Residence C District, 25 feet.
(f) In a Waterfront Preservation District-C1, 100 feet, with one side yard being a minimum of 40 feet.
(g) In a Residence D District, 25 feet.
(h) In a Waterfront Preservation District-D1, 25 feet.

(3) Through lots. A through lot shall have a front yard on each frontage.

(4) Permitted structures in front yard. The space in a front yard shall be open and unobstructed and no structures shall be built in a front yard, except that in a residence district cornices or eaves on any building may project not more than two feet into the front yard.

(5) Vision clearance. On any corner lot on which a front yard is required by this chapter, no wall, fence or other structure shall be erected and no hedge, tree, shrub or other growth shall be maintained in such location within such required front yard space as to cause danger to traffic by obstructing the view.

B. Side yards. [Amended - - 2009 by L.L. No. 5-2009]

(1) In the residence districts, every lot shall have a side yard along each lot line other than a street line or rear line, the minimum of which shall be 25 feet in a C Residence District and the minimum of which shall be 10 feet in an A, B and D Residence district.

(2) In the Waterfront Preservation Districts, every lot shall have a side yard along each lot line other than a street line or rear line, the minimum of which shall be as follows:

(a)In Waterfront Preservation District-A1, 20 feet.
(b) In Waterfront Preservation District-B1, 10 feet.
(c)In Waterfront Preservation District-C1, 100 feet, with one side yard being a minimum of 40 feet.
(d)In Waterfront Preservation District-D1, 20 feet.

C. Rear yard. [Amended - - 2009 by L.L. No. 5-2009]

(1) In a C Residence District, every lot shall have a minimum rear yard of 25 feet. In an A, B, and D Residence District, the minimum rear yard shall be 10 feet.

(2) In the Waterfront Preservation District C1, every lot shall have a minimum rear yard of 40 feet. In Waterfront Preservation Districts-A1, B1 and D1 every lot shall have a minimum rear yard of 25 feet.

Section 91-10.D. Items permitted in setback areas; compliance of driveways shall remain the same.

[Note: §91-11 shall be amended to modify and add the following text.]

§91-11. Dwellings. [Added 3-3-1951; amended 1-28-1963;2-11-1991 by L.L. No. 1-1991; 3-14-1994 by L.L. No. 1-1994; - - 2009 by L.L. No. 5-2009]

A. General. The requirements of this section provide minimum standards and shall apply to all new dwellings and to reconstructions, alterations and conversions of such structures existing prior to the adoption of this chapter.
B. Limitation.

(1) Height. [Amended 2-13-2006 by L.L. No. 3-2006; - - 2009 by L.L. No. 5-2009]

(a) In a residence district, dwellings shall not be of a height of more than 2 ½ stories or 35 feet.
(b)In the Waterfront Preservation Districts, dwellings shall not be of a height of more than 2 ½ stories or 30 feet.

(2) Minimum size. Every dwelling hereafter erected shall have a ground floor livable area of not less than 900 square feet; except that for a dwelling with an attached garage the livable area of the ground floor may be reduced to 600 square feet, provided that there is a second story with at least 400 square feet of finished livable area. The term “livable area” shall be construed as applying to space in which persons normally live and shall include only living rooms, dining rooms, bedrooms, kitchens, bathrooms, closets containing not more than 15 square feet for each such room and only such rooms as are finished and accessible directly or by permanent stairs.

(3)Every dwellingshall contain at least a living room, a bedroom, a kitchen and a bathroom. Each kitchen shall contain at least a refrigerator, a stove and a sink. Each bathroom shall contain a tub or shower bath, a sink and a water closet.
(4)No existing dwelling shall be changed or altered so that it fails to comply with the provisions of this section

C. Toilet facilities.[Amended - -2009 by L.L. No.5-2009] In every building where there is continuous human occupancy there shall be at least one bathroom, properly connected with the drainage and vent systems. No bathrooms shall be placed outside of a building.

D. With every dwelling, there shall be provided an enclosed garage to house at least one automobile. Said garage may be attached to or form part of the dwelling.

E. Site plan review. [Amended 5-1-2006 by L.L. No. 5-2006; - - 2009 by L.L. No. 5-2009]

(1) Applicability.

(a) (a) Uses and construction requiring site plan approval by Planning Board. Site plan approval shall be required for all permitted principal uses, special uses, accessory uses, and nonresidential uses:

[1] Waterfront Preservation Districts. [Amended - - 2009 by L.L. No. 3-2009]All proposals for development in the Waterfront Preservation Districts require site plan review. The visual impact of proposed development shall be minimized in terms of views from the site and adjacent roads to Huntington Bay or Huntington Harbor and from Huntington Bay or Huntington Harbor to the site. Analysis shall consider the materials used, the massing of buildings, the scale of development, the view of the water from residences upland of the site and the use of landscaping and natural growth. The possible intrusion of new development on the visual setting of the existing dwellings and/or historic structures on nearby properties shall also be evaluated, as well as the possible impact on wetlands. Site design and construction management shall be undertaken in a manner so as to prevent adverse effects from erosion, siltation and flooding.

[2]Village-wide. [Amended 10-16-2006 by L.L. No. 6-2006; - - 2009 by L.L. No. 5-2009]

[a] Village-wide (excluding the Waterfront Preservation Districts). All proposals for development elsewhere in the Village require site plan review for construction of a new building and/or an enclosed structure in excess of 80 square feet, or for the alteration or reconstruction of an existing building or enclosed structure when such alteration or reconstruction involves in excess of 20% of the floor area square footage of the buildings or enclosed structures; or
[b] Village-wide (including the Waterfront Preservation Districts). All proposals for clearing or grading activities when more than 2,000 square feet of area or 20% of the lot area is impacted; where the import or export of 100 cubic yards of soil and/or debris results; and where a preexisting drainage condition, including the rerouting or blockage of off-site flow through the property is altered..

Sections 91-11.E(2)(3) and (4) remain unchanged

(5)Considerations relating to Waterfront Preservation Districts. [Amended - - 2009 by L.L. No. 5-2009]The visual impact of proposed development shall be minimized in terms of views from the site and adjacent roads to Huntington Bay or Huntington Harbor and from Huntington Bay or Huntington Harbor to the site. Analysis shall consider the materials used, the massing of buildings, the scale of development, the view of the water from residences upland of the site and the use of landscaping and natural growth. The possible intrusion of new development on the visual setting of the existing dwellings and/or historical structures on nearby properties shall also be evaluated, as well as the possible impact on wetlands. Site design and construction management shall be undertaken in a manner so as to prevent adverse effects from erosion, siltation and flooding. All site plans must be prepared by a New York State licensed professional engineer, architect, or landscape architect.

The remainder of Section 91-11 remains unchanged.

Severability.

If any part or provision of this Chapter or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Chapter or the application thereof to other persons or circumstances, and the Board of Trustees of the Incorporated Village of Huntington Bay hereby declares that it would have passed this Chapter or the remainder thereof had such invalid application or invalid provision been apparent.

Effective Date.

This Local Law shall take effect immediately upon filing in the Office of the Secretary of State of New York.