Zoning Board of Appeals (Important Information)
Fees: Fees associated with a Zoning Board of Appeals application can be found in Huntington Town Code, Chapter A204, Zoning Board of Appeals Fees and Charges.
Scheduling: Zoning Board hearings are scheduled on a “first come first served basis”. Once a ZBA application is complete (and accepted) it must be scheduled for a public hearing. This can take two (2) to three (3) months. For more information, please contact the Zoning Board of Appeals at (631) 351-3123 or by email planning@HuntingtonNY.gov.
Rules: The rules with respect to Zoning Board of Appeals hearings can be found in Huntington Town Code, Chapter 198-112, Rules as to procedure; hearings; notice.
Legal Counsel: The applicant is permitted to present his or her own case or be represented by counsel. In relatively simple matters, applicants often present their own case. Attorneys skilled in zoning practice generally present more complicated cases. This decision is exclusively the applicant's.
Tips on ZBA Appearances: Applicants are afforded the time necessary to properly present their case. The ZBA encourages concise presentations. The Applicant should speak to the Board's interest:
1) Why is why the variance is needed;
2) A brief description of the neighboring properties; and
3) Any other information that would help ZBA reach a sound decision.
In short, the ZBA wants to gather factual material concerning the requested variance from proponents and opponents of the application, in order to reach an equitable decision that fairly balances the rights of the applicant and the community at large. Opinions are not factual and, therefore, the ZBA urges and may require that time spent on opinions be limited.
Variances: A variance is a discretionary action by the ZBA that grants relief from the use and bulk provisions of the Huntington's Zoning Code to the extent necessary to permit reasonable benefit or use of the land. A variance may be granted only after a public hearing.
Area Variances: An Area Variance is requested for relief of a dimensional or physical requirement, such as a front yard variance to erect a porch or a side yard variance to legalize a garage constructed without a permit too close to the property line. (This is the most common type of ZBA application.
Use Variances: A Use Variance is requested to use land for a purpose, otherwise disallowed or prohibited by applicable zoning regulation. Due to the specialized nature of use variances, the proofs that need to be made are difficult and usually require an attorney or other land use expert familiar with Huntington Town Code and New York State land use law to make the case effectively. Please note that a Use Variance is different from a Special Use Permit.
Special Use or Conditional Use: A Special or Conditional Use--more commonly known as Special Use Permits--are uses that are not permitted unless the applicant proves conformance with the conditions detailed in Huntington Town Code, Article XI, Conditional Uses; Supplementary Regulations. (Please note the difference between Special Use Permits and Use Variances.)
Video Recordings:
Meetings of the Zoning Board of Appeals, as well as the Planning Board and Town Board, are regularly recorded and re-broadcast on the Town’s government access television station: Huntington Town Television (HTTV). The television schedule (Cablevision Channel 18 and Verizon FIOS Channel 38) is available by clicking on the Scheduled Programming button on the Media Center-HTTV page on the homepage Services tab. Board meeting streaming video is also available (24-hours a day, 7-days a week) on the Town website by clicking on the Meetings on Demand button on the Media Center-HTTV page. (Allow a few moments for the page to load fully.)
ZBA, Planning & Town Board Agendas: Preliminary agendas for the upcoming meeting as well as archived agenda for past meetings are accessible from the Agendas & Meetings link on the Government tab on the homepage and by clicking on the Meetings on Demand button on the Media Center-HTTV page.
Receive notice of the Public Hearing: It is possible to receive notice of the public hearing on a specific application by using the Notify Me function on the Town's website. You will be automatically be notified via e-mail when the public hearing scheduled is published.
Unable to attend the Public Hearing: Those unable to attend a public hearing have two options. A letter that is sent to and received by the Board prior to the public hearing outlining specific questions, comments or imparting pertinent facts will be entered as part of the record. You may have someone appear on your behalf and read your letter at the public hearing and it will also become part of the permanent record.
Checking on the status of a pending ZBA Application. Information concerning the status of pending ZBA application can be obtained by calling the ZBA office during business hours at at (631) 351-3123 or by e-mailing planning@HuntingtonNY.gov. Please have ZBA application number, property address and/or Suffolk County Tax Map number handy at the time you call or referenced in your e-mail. (For information concerning the status of pending Lot Line Change, Subdivision, Site Plan, or Zone Change application, contact the Planning & Environment Department at (631) 351-3196 or by e-mailing Planning@HuntingtonNY.gov. Please have handy or include with the e-mail the application name, property address and/or Suffolk County Tax Map number.