Huntington's Accessory Structures: The Rules That Matter

Every city handles accessory structures a little differently. In Huntington, New York, there are 5 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

ADU Rental Restrictions

Huntington lets homeowners rent an accessory dwelling unit only if the owner keeps living on-site and holds a valid ADU permit; a separate short-term rental permit from Public Safety is required before any short-term use, and renting without either permit is a violation.

Key details: Governing law: Town Code § 198-133, Article XX. Owner-occupancy: Required to rent the ADU short-term. Short-term rental permit: Separate permit from Dept. of Public Safety. Permit term: 2 years from issuance. Parking for rented ADU: 2 spaces (1BR) or 3 spaces (2BR).

Renting, leasing, occupying or advertising an ADU without a valid permit is a violation of Article XX subject to the fines and penalties set in that Article; operating an unpermitted short-term rental out of an ADU is separately punishable under Chapter 160. Failing a scheduled inspection or resisting an inspector triggers its own violation, plus a $75 rescheduling fee per § 198-134(D)(1).

This is one of the stricter rules in Huntington's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Shed & Carport Rules

Huntington exempts small tool sheds from a building permit only if they stay at or under 144 square feet, no taller than 12.5 feet, and set back at least two feet from side and rear lot lines. Larger accessory buildings need a permit and must meet Town Code § 198-59's stricter setbacks, which run up to ten feet in the largest residential districts.

Key details: Permit-exempt shed size: Up to 144 sq ft. Permit-exempt shed height: Up to 12.5 feet. Small-shed setback: 2 feet, side/rear lot line. 200+ sq ft shed setback: 10 ft in R-80/40/20/15. Accessory building height cap: 20 ft or 15 ft by district.

Erecting a shed over 144 square feet, or placing any shed inside its required setback, without a Department of Engineering Services building permit is a Chapter 87 violation that can draw a stop-work order and removal or relocation of the structure. Exceeding the 20-foot or 15-foot accessory-building height cap, or the 1,200/1,000/750-square-foot cumulative floor-area limits in § 198-59(C), is a zoning violation enforced the same way.

ADU Owner Occupancy

An accessory dwelling unit permit in Huntington only issues if the main house is the owner's principal residence. Section 198-134(A)(1) requires the owner be a natural person living in the single-family dwelling, and § 198-135(B) voids the permit if a new owner skips the 90-day transfer filing.

Key details: Section: § 198-134(A)(1), § 198-135(B). Core rule: Owner must live in main house. Transfer window: 90 days after closing title. Miss window: Permit becomes null and void. Owner-occupied fee: $500 per 2 yrs ($300 if 65+).

Losing owner-occupied status without filing the § 198-136(F) transfer application voids the permit and exposes the owner to the general Article XX penalty in § 198-148(A): $1,000-$5,000 for a first offense, $2,000-$10,000 for a second offense within five years, and $4,000-$15,000 or up to fifteen days in jail for a third, with continuing violations charged daily.

This is one of the stricter rules in Huntington's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Garage Conversions

Huntington's Zoning Code lets homeowners build a detached garage sized for two or three vehicles depending on the district, but it flatly bars turning that garage into living space. The definition of "Garage, Residential" caps floor area at 300 square feet per vehicle, limits the structure to one story, and allows only storage as an extra use.

Key details: Rule: Detached garage habitable-space conversion specifically prohibited. Garage capacity: 2 cars (R-15/10/7/5) or 3 cars (R-80/40/20). Size cap: 300 sq ft per vehicle, one story. Allowed extra use: Storage on the same floor only. First-offense fine: $1,000 to $5,000.

A detached garage finished out as habitable space is a zoning violation enforced by the Building Inspector under § 198-123. Conviction under § 198-125(A) brings a fine of $1,000 to $5,000 for a first offense, up to fifteen days in jail, or both; a second offense within five years raises the fine to $2,000-$10,000, and each day the conversion continues can be charged as a separate offense.

This is not one of those rules that cities tend to ignore. Huntington actively enforces its garage conversions requirements.

ADU Rules

Huntington allows one accessory dwelling unit per owner-occupied single-family home, but only as a conditional use approved by the Zoning Board of Appeals. Section 198-134 caps the unit at 650 square feet and two bedrooms, sets a 5,000-square-foot minimum lot, and ties occupancy to bedroom square footage.

Key details: Section: § 198-133, § 198-134. Permit authority: Zoning Board of Appeals. Unit size: 300-650 sq ft, max 2 bedrooms. Minimum lot: 5,000 sq ft, 50 ft frontage. Occupancy cap: 1 person per 70 sq ft bedroom space.

Operating an accessory dwelling unit without a valid permit, or violating a permit condition, is punishable under § 198-148(A): $1,000-$5,000 for a first offense, $2,000-$10,000 for a second offense within five years, and $4,000-$15,000 or up to fifteen days in jail for a third or later offense, with each day counted separately after notice.

This is one of the stricter rules in Huntington's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Huntington is tougher than many cities when it comes to accessory structures. Out of the 5 rules covered here, 4 are rated strict. If you are a homeowner, renter, or business owner in Huntington, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

All of the above reflects Huntington's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.