Great Neck City Zoning Code
ARTICLE XVI
General Provisions
§ 575-146 Height.
[Amended 8-7-2012 by L.L. No. 15-2012]
A.
Except as specifically provided in Subsection B of this section or otherwise in this Code for a lesser or greater height, no accessory building or other accessory structure, or any part thereof, other than spires, belfries, and similar parts of houses of worship, shall exceed 18 feet in height.
B.
No building, structure, or any part thereof, other than spires, belfries, and similar parts of houses of worship, shall exceed the height limits provided in this chapter.
§ 575-147 Fences: height, special exception permits and additional requirements.
[Added 8-20-1996 by L.L. No. 10-1996; amended 11-18-2008 by L.L. No. 10-2008; 11-20-2012 by L.L. No. 17-2012]
Notwithstanding any other provisions of this Code to the contrary:
A.
Except as otherwise expressly provided, fences shall not exceed four feet in height.
B.
Where any lot used for residential purposes is contiguous with a lot not used for residential purposes, or when a single-family dwelling or a two-family dwelling is contiguous with a residential property other than a single-family dwelling or two-family dwelling, then a fence may be erected along and parallel to the common boundary line between such lots up to six feet in height, or upon application for a special exception permit to the Board of Trustees, such height in excess of six feet as such Board may approve. Upon application for such a special exception permit, the Board of Trustees, at a public meeting, but without notice or a public hearing, may permit the erection of a fence greater than six feet in height to the owner of either of such contiguous lots. In considering such an application, the Board of Trustees shall consider the benefit to the applicant if the application is granted and the adverse impact to the community by such grant, including, but not limited to, the nature of the abutting use, the structures on the abutting lot, and the topography and screening of the area, and shall have the power to approve a fence of a height different from that requested.
C.
Upon application to the Board of Trustees by the Building Inspector, the Board of Trustees may require, as a condition to the issuance of a building permit, certificate of occupancy, or certificate of completion, that the applicant install and maintain a fence along or in close proximity to its boundary lines; and such fence may be required to be of a greater height than that otherwise permitted or required by the other provisions of this Code. In considering such an application, the Board of Trustees shall consider the detriment, including the cost, if any, to the applicant if the application is granted and the benefit to the nearby property owners by such grant, including, but not limited to, the nature of the use of the subject and of the neighboring properties, the structures and their locations on the subject and the neighboring properties, and the topography and screening of the area, and shall have the power to approve a fence of a height different from that requested.
D.
The good side of a fence, as determined by the Building Inspector, shall face the contiguous property owner.
E.
Except as otherwise expressly provided in this code, fences only shall be made of the following materials: wood, composite materials that have the appearance of wood, metal picket fences, or such other material as may be approved by the Board of Trustees or the Committee of Architectural Review on a case-by-case basis.
F.
Except as otherwise expressly provided in this Code, fences only shall be of the following colors: natural wood, white, tan, brown, black, or such other color as may be approved by the Committee of Architectural Review on a case-by-case basis.
G.
Any fence that requires the approval of the Board of Trustees or the Committee of Architectural Review shall be installed within one year of such approval or such approval shall become null and void and of no further force or effect.
H.
The Board of Trustees and the Committee of Architectural Review, in granting any approval pursuant to this section:
I.
Legal preexisting nonconforming fences.
(1)
Except as set forth is Subsection I(2) of this section, any legally nonconforming fence that preexisted the adoption of this section may be maintained and repaired but not replaced.
(2)
Any legally nonconforming chain link fence that preexisted the adoption of this section and, in the opinion of the Building Inspector, provides safety because of a significant change in topography, may be maintained, repaired, and/or replaced.
§ 575-148 Public health, safety and general welfare.
No trade, industry, business, purpose or uses may be conducted which are noxious or offensive by reason of causing or emitting odor, smoke, vapor, gas, dust, garbage, refuse, noise or vibration or that are dangerous or harmful to the comfort, peace, health, safety or general welfare of the community or that tend to disturb or annoy residents of that Village or that involve any dangers of explosion or fire.
§ 575-149 Use restrictions.
A.
No equipment or fixtures designed for bathing purposes, including bathtubs and showers, shall be installed or maintained in any cellar or basement unless there shall be provided:
[Amended 6-2-2015 by L.L. No. 6-2015[1]]
B.
No automobile, bus, truck, house trailer, mobile home or other vehicle shall be used or occupied as a place for living, sleeping or eating within the Village of Great Neck.
C.
In any Business, Mixed-Use, or Waterfront Development District, no building or structure shall be erected within 20 feet of a rear lot line nor within 10 feet of a side lot line where such lot lines coincide with residence district boundaries.
[Added 3-17-1987 by L.L. No. 4-1987; amended 3-2-2004 by L.L. No. 8-2004; 3-2-2004 by L.L. No. 10-2004]
D.
In any Business, Mixed-Use, or Waterfront Development District, no parking, loading or any kind of storage, including dumpsters, shall be permitted within 10 feet of any residence district boundary.
[Added 3-17-1987 by L.L. No. 4-1987; amended 3-2-2004 by L.L. No. 8-2004; 3-2-2004 by L.L. No. 10-2004]
§ 575-150 Street corner properties.
A.
No owner or occupant of any corner lot or land in the Village shall permit or maintain on any such lot or land, within a radius of 30 feet from the point of intersection of the curblines in front of said lot or land at the street corner, any wall, fence, hedge, shrub, tree or other growth which shall exceed a height of three feet above the curb of the street at a point perpendicularly opposite same. The limbs or branches of trees, hedges and shrubs located within said radius may nevertheless be maintained, provided that no part thereof is less than five feet in height above the curb of the adjoining street at the point thereof perpendicularly opposite same.
[Amended 2-4-2003 by L.L. No. 2-2003]
B.
Any owner who has been notified by the Building Inspector personally or by certified mail that any wall, fence, hedge, shrub, or other growth on his or her premises is in violation of this section, and shall fail to correct the condition within 10 days of such personal notice or 15 days of such mailing, shall be in violation of this chapter; and, in addition to the penalties otherwise enforceable, the Village may thereafter correct any such conditions and assess the cost thereof against the owner of said property. Such costs, if not paid, shall be assessable against the property as a tax thereon.[1]
[Amended 9-16-1976 by L.L. No. 17-1976; 3-19-2013 by L.L. No. 4-2013]
[1]
Editor's Note: Original § 210-113C, which listed lot requirements and which previously followed this subsection, added 10-18-1977 by L.L. No. 14-1977, was repealed 6-26-1990 by L.L. No. 5-1990.
C.
The provisions of Subsection C[2] of this section shall not be applicable to a corner lot which is shown on a subdivision plat approved by the Planning Board of the Village of Great Neck and which has been held in single and separate ownership since the date said plat was approved.
[Added 10-18-1977 by L.L. No. 14-1977]
D.
Each such notice shall inform the owner that, if such notice was personally delivered, within 10 days from such personal delivery, or if such notice was only mailed and not personally delivered, within 13 days of the mailing of such notice, the owner may appeal to the Board of Trustees that the determination was in error and that the wall, fence, hedge, shrub, or other growth on his or her premises is not in violation of this section. If such notice is by mail, it shall be sent by certified or registered mail, return receipt requested, addressed to said owner at the last address for said owner on the tax records of the Village.
[Added 3-19-2013 by L.L. No. 4-2013]
§ 575-151 Public utilities and domestic services.
A.
The Board of Trustees, in order to facilitate the adequate provision of public utility and municipal services, may, upon application and after public hearing held upon notice, as provided for herein, permit for a term of years or otherwise any land and the buildings and structures erected or to be erected thereon to be used, maintained and operated in any residence district for such facilities of a public utility, municipal corporation or special district as said Board shall find to be necessary in order to provide adequate public utility or municipal services to the residents of the Village.
B.
The Board of Trustees shall not authorize the issuance of any permit under any of the provisions of this section, unless it finds in each case that the proposed use of the property or the erection, alteration or maintenance of a proposed facility:
(1)
Cannot feasibly or practically be erected or maintained in either a business or a waterfront development district.
[Amended 3-2-2004 by L.L. No. 8-2004; 1-14-2008 by L.L. No. 1-2008]
(2)
Will not depreciate or tend to depreciate the value of property in the Village.
(3)
Will not create a hazard to health, safety, morals or general welfare.
(4)
Will not be detrimental to the neighborhood or to the residents thereof.
(5)
Will not alter the essential character of the neighborhood.
(6)
Will serve or promote public convenience and welfare.
C.
All buildings and structures to be used under the provisions of this section shall nevertheless be in accordance with the height, area and yard requirements prescribed by this chapter and the Building Code.[1]
D.
The Board of Trustees shall, upon granting of a permit hereunder, impose such reasonable and appropriate conditions, restrictions and safeguards as it may deem necessary or desirable to promote the health, safety, morals and general welfare of the public community.
E.
The Board shall make rules as to the manner of filing applications for permits under this section; and upon the filing of any such application, the Board shall fix the time and place for a public hearing thereon and shall give notice thereof by publishing such notice once a week for two weeks in a newspaper of general circulation in the Village of Great Neck. Such notice shall state the location of the facilities and the general type, nature and purpose thereof.
F.
Each application shall be accompanied by a fee in the amount as shall be prescribed from time to time by the Board of Trustees.
[Amended 7-7-1987 by L.L. No. 12-1987; 12-16-2003 by L.L. No. 17-2003]
§ 575-152 Noncommercial swimming pools.
A.
In any district, a building or structure may be built, altered or used and a plot or parcel of land may be used for swimming pools and related facilities on a noncommercial basis, when permitted by the Board of Trustees and after a public hearing held upon such notice as is provided for herein. The Board of Trustees shall not grant the issuance of any permit under this provision unless it finds in each case that the proposed use of the property or of the structure to be erected, altered, used or maintained:
(1)
Will not depreciate or tend to depreciate the value of property in the Village.
(2)
Will not create a hazard to health, safety, morals or the general welfare.
(3)
Will not be detrimental to the neighborhood or to the residents thereof.
(4)
Will not alter the essential character of the neighborhood.
(5)
Will serve or promote public convenience or welfare.
B.
All buildings or structures to be used under the provisions of this section shall conform to such requirements as the Board of Trustees shall prescribe as to, among other things, height, area and setback requirements, which shall in any event conform to at least the minimum requirements of areas and yard as prescribed by this chapter, and the maximum requirement of height as prescribed by this chapter and shall, in addition thereto, conform to all provisions of the Building Code[1] of the Village as the same now exists or as the same may from time to time be amended.
C.
The Board of Trustees may grant a permit for a period of years or otherwise and shall impose such reasonable and appropriate conditions, restrictions and safeguards as it may deem necessary or desirable to promote the health, safety, morals and general welfare of the Village and, in addition thereto, prescribe rules and regulations for the ownership, operation, maintenance and use of swimming pools and any accessory structures as it may deem necessary to promote the health, safety, morals and general welfare of the Village. Such permit shall only be issued to a not-for-profit corporation organized under the laws of the State of New York, 60% of whose members shall be residents of the Village of Great Neck and whose certified membership list shall be delivered to the Board of Trustees, together with the application for such permit. No not-for-profit corporation shall continue to hold a special permit pursuant to this section unless 60% of its members shall be residents of the Village of Great Neck.
D.
The Board shall make rules as to the form, content and manner of making applications for permits pursuant to this section; and upon the filing of any such applications, the Board shall fix the time and place for a public hearing thereon and shall give notice thereof by publishing such notice once a week for two successive weeks in a newspaper having a general circulation in the Village of Great Neck. Such notice shall state the location of the facilities and the general type, nature and purpose thereof.
E.
Each application shall be accompanied by a fee in the amount as shall be prescribed from time to time by the Board of Trustees.
[Amended 7-7-1987 by L.L. No. 12-1987; 12-16-2003 by L.L. No. 17-2003]
§ 575-153 Accessory swimming pools.
[Amended 7-7-1987 by L.L. No. 12-1987; 12-16-2003 by L.L. No. 17-2003; 10-16-2007 by L.L. No. 14-2007; 6-2-2020 by L.L. No. 2-2020]
A.
Swimming pools shall be permitted as an accessory use to any principal use permitted under this chapter on the same premises. The Superintendent of the Building Department, however, shall not authorize the issuance of a permit under this provision unless the Superintendent finds in each case that the proposed pool and its appurtenances:
(1)
Are incidental and subordinate to a permitted principal use.
(2)
Will not create a hazard to health, safety, morals or general welfare of the users thereof or the owners or occupants of adjacent, adjoining or nearby properties.
(3)
Will be used and maintained in such a manner as not to annoy, disturb or cause discomfort to the owners or occupants of adjacent, adjoining or nearby properties.
(4)
Shall be adequately screened, fenced and secured when not in use so as to prevent danger or injury to persons and property.
(5)
Will not depreciate or tend to depreciate the value of property in the Village.
(6)
Will not be otherwise detrimental to the neighborhood or to the residents thereof.
(7)
Will not alter the essential character of the neighborhood.
B.
All swimming pools and their appurtenances shall conform to such requirements as the Superintendent of the Building Department shall prescribe as conditions to the granting of any application for a permit therefor, as to, among other things, height, area and setback requirements, which in no event shall be less than the following:
(1)
Any swimming pool and all its appurtenances and accessories shall be located entirely in the rear yard of the premises.
(2)
The area of the swimming pool shall not occupy more than 25% of the unoccupied area of the rear yard.
(3)
No part of the pool, its deck or appurtenances shall be located less than 20 feet from any lot line of the premises or 40 feet from any residential building on any adjoining lot.
C.
Any permit for an aboveground swimming pool shall be limited to the original installation of such pool and shall not permit any replacement thereof. No such replacement shall be installed without the prior approval of the Superintendent of the Building Department pursuant to this section.
D.
The Superintendent of the Building Department may grant a permit for a period of years or otherwise and shall impose such reasonable and appropriate conditions, restrictions and safeguards as the Superintendent may deem necessary or desirable to promote the health, safety and general welfare of the Village and to ensure the maintenance and use thereof, in accordance with the criteria, hereinabove set forth, for considering such application.
E.
Every application submitted for a permit under this section shall be accompanied by the following:
(1)
Plot plan, showing existing structures and their respective uses.
(2)
Plot, site and building plans of such proposed pool, showing dimensions, design, location and use of all structures, equipment, drainage, sanitary filtration, water supply and disposal facilities, fencing and screening.
(3)
Such other information and data as the Board of Trustees may direct.
(4)
A fee in the amount as shall be prescribed from time to time by the Board of Trustees.
F.
The Board of Trustees may waive any of the conditions or requirements set forth in this section if, in its discretion, to do so would not have a significant adverse impact upon the health, safety or welfare of the community or the adjacent properties.
§ 575-154 Accessory home office uses.
[Added 12-3-2002 by L.L. No. 22-2002]
The following home office uses shall be permitted as accessory uses in legal single-family detached dwellings, to the extent and upon the conditions set forth in this section.
A.
The office of a physician, psychologist, surgeon, dentist, lawyer, architect, engineer, or accountant, or the studio of an artist or musician, legally residing in the dwelling in which such office or studio is located, on the following conditions:
(1)
There shall be no display or advertising on the premises in connection with such use except for a professional name plate, which shall not exceed 24 inches in width and eight inches in height, and shall be affixed to the dwelling, unless otherwise permitted upon application to the Board of Trustees.
(2)
There shall be not more than one employee employed in connection with such use, in addition to the residents of the dwelling.
(3)
Such office or offices, in total, shall not occupy more than the lesser of the equivalent of 1/3 of the building area of the principal building, excluding all cornices, eaves, gutters, chimneys, bay windows, balconies, porches, and garages of such dwelling, or 500 square feet.
(4)
Such use shall be merely incidental to the use of such dwelling for residential purposes.
(5)
The studio of a musician shall be equipped, constructed, and used in such a manner that the sound of such music from the dwelling cannot be heard from beyond the property lines of the premises.
(6)
"Studio," as used herein, shall not be construed to include or mean kindergarten, child's nursery, dance school, music school, art school, or other private school. For the purpose of this section, the instructing or teaching of more than three persons at any time shall constitute the maintenance of a kindergarten, nursery, or other school.
(7)
No music recitals or art exhibitions, nor other functions of any type inviting or permitting more than three nonresidents to the premises in conjunction with such studio, shall be permitted.
(8)
No such use shall commence without a permit from the Building Department. The owner seeking such permit shall file such documents as reasonably may be requested by the Building Department, including, but not limited to, a floor plan of the proposed home office area, and shall pay the required fee. Such use shall not deviate from such floor plan prior to an amended floor plan being submitted to and approved by the Building Department.
B.
The office or offices of one or more people legally residing in the dwelling in which such office or offices are located, on the following conditions:
(1)
There shall be no display or advertising on the premises in connection with such.
(2)
Other than the legal residents of the dwelling, there shall be no officers or directors of the business or businesses, nor employees or agents, nor any other business guests or business invitees, employed at, visiting, or otherwise at the premises in connection with such use.
(3)
Such office or offices, in total, shall not occupy more than the lesser of the equivalent of 1/3 of the area of the first floor, excluding the garage, of such dwelling or 500 square feet.
(4)
Such use shall be merely incidental to the use of such dwelling for residential purposes.
(5)
Other than the maintenance or storage of paper files, there shall be no maintenance or other storage of any goods, products, or other materials with regard to such office use, and no such goods, products, or other materials shall be shipped to or accepted at the premises.
(6)
No such use shall commence without a permit from the Building Department. The owner seeking such permit shall file such documents as reasonably may be requested by the Building Department, including, but not limited to, a floor plan of the proposed home office area, and shall pay the required fee. Such use shall not deviate from such floor plan prior to an amended floor plan being submitted to and approved by the Building Department.
C.
Termination of all legal nonconforming uses.
(1)
All home office uses which legally preexisted on the effective date of this section may be continued, without conforming to the provisions of this section, until June 1, 2004.
(2)
No home office use shall be permitted, notwithstanding the fact that it may have legally existed prior to the effective date of this section, unless it complies with this section, or the owner has received a variance from the provisions of this section from the Board of Appeals.
§ 575-155 Parking in residence districts.
[Amended 12-18-1979 by L.L. No. 13-1979; 3-17-1981 by L.L. No. 1-1981; 4-29-1985 by L.L. No. 7-1985]
A.
The use of a lot or premises or a portion thereof in a residence district for the parking or storage of a commercial vehicle is prohibited.
B.
Accessory parking facilities.
(1)
The following shall apply to all multifamily dwellings and townhomes other than in a Residence F District:
[Amended 10-7-2014 by L.L. No. 9-2014]
(a)
Multifamily dwellings. There shall be provided, on each lot or premises on which a multifamily dwelling is erected, altered, or used, accessory parking facilities for the use of the occupants of such buildings, which facilities shall include two parking spaces for each one-bedroom and two-bedroom unit and three parking spaces for units with three or more bedrooms.
(b)
Townhomes. There shall be provided, on each lot or premises on which a townhome is erected, altered, or used, accessory parking facilities for the use of the occupants of such buildings, which facilities shall include the following parking:
[1]
For each one-bedroom unit: one parking space.
[2]
For each two-bedroom unit: two parking spaces.
[3]
For each three-bedroom unit: two parking spaces.
[4]
For each unit with four or more bedrooms: three parking spaces.
[5]
In addition, one guest parking space shall be provided on each lot or premises for each two units. For clarification, as an example, a lot with five units would only require two guest parking spaces. Signage as approved by the Building Department shall clearly designate each such guest parking space as guest parking only.
(c)
Additionally, for each medical/professional office heretofore authorized or permitted in such building, there shall be at least four on-premises parking spaces provided for each practitioner or one parking space for each 150 square feet of floor area, whichever is greater. The term "practitioner" shall include all persons licensed by the State of New York to perform medical, dental or health-related services.
(d)
Tandem parking for residential units, with the condition that all parking spaces that are in tandem with each other shall be assigned to the same unit, shall be subject to the approval of the Board of Trustees.
(2)
There shall be provided on each lot or premises on which a multiple residence is erected, altered or used in a Residence F District accessory parking facilities for the use of the occupants of such buildings, which facilities shall include one parking space for each three dwelling units and two parking spaces for a resident superintendent.
D.
Each parking space required by this section shall be at least nine feet by 19 feet. The aisle or driveway giving direct access thereto shall have a minimum width of 22 feet. No tandem parking shall be permitted.
E.
No special vehicle shall be stored on a lot in a residence district unless the same is stored within a building and such storage does not reduce the number of off-street parking spaces on the lot to fewer than the number of parking spaces required by this section for vehicles that are not special vehicles. For the purposes of this subsection:
[Amended 6-22-2004 by L.L. No. 14-2004; 9-6-2011 by L.L. No. 5-2011]
(1)
A “lot” shall constitute all of the adjacent property owned by the same person.
(2)
Storage. For the purposes of this section, a special vehicle shall be deemed stored and in violation of this section in each of the following events:
(a)
The special vehicle is located on the same lot for four consecutive days, whether or not the special vehicle is moved from place to place within the lot or is taken from and returned to the lot.
(b)
The special vehicle is required by the New York State Vehicle and Traffic Law to be registered, and such vehicle does not bear, at the required location on the vehicle, a current and valid registration.
(c)
As to boats, in addition to the foregoing and not as a limitation, the boat is neither:
[1]
On wheels and legally fit for immediate operation on the public highways of the State of New York; nor
[2]
On a trailer that is both duly registered pursuant to the New York State Vehicle and Traffic Law and legally fit for immediate operation on the public highways of the State of New York.
(3)
Each day of such storage, from and including the first of such days, shall constitute and be deemed a separate and distinct violation of this subsection.
F.
No portion of any garage, the floor space of which is not counted as floor area under the definition of that term in § 575-212, shall project nearer to a public street than the front wall of the balance of the building of which it is a part.
[Added 6-26-1990 by L.L. No. 5-1990; amended 2-4-2003 by L.L. No. 2-2003]
H.
No vehicle shall be parked or stored on a residential property, except on a driveway which has been paved with macadam, cement, brick, or concrete pavers or similar material, so long as such similar material has first been approved by the Building Inspector.
[Added 6-22-2004 by L.L. No. 14-2004]
I.
All parking areas shall be adequately designed to be capable of supporting the weight of the vehicles for which the parking area is being used, and shall be resistant to areas of depression in contact with such vehicles.
[Added 6-22-2004 by L.L. No. 14-2004]
J.
Single-family, two-family, and three-family detached dwellings.
[Added 6-22-2004 by L.L. No. 14-2004; amended 6-6-2011 by L.L. No. 4-2011; 9-6-2011 by L.L. No. 5-2011]
(1) ORIGINAL FLOOR AREA REQUIRED PARKING(a) [1] [2] [3] (b)
As used in this subsection, the following terms shall have the following meanings:
The floor area of the dwelling on the date when the construction of the dwelling was first completed or on the date five years before the instant application whichever was the last date to occur.
[Amended 5-5-2015 by L.L. No. 4-2015]
Off-street parking spaces for the greater of the following:
Three vehicles;
One vehicle for the second and one additional vehicle for every additional room which could be used as a bedroom (for example, five bedrooms would require four parking spaces); or
One vehicle for the first 1,000 square feet of floor area and one additional vehicle for every additional 500 square feet of floor area or part thereof.
Such parking spaces may be located wholly or in part upon that portion of the paved driveway that runs from the owner's property line to the edge of the sidewalk closest to said property line, if there is a sidewalk, or, if there is no sidewalk, to the curb of the street.
(2)
All new single-family detached dwellings and all single-family detached dwellings that are altered in a manner that increases floor area, either in excess of 50% of the original floor area or in excess of 1,000 square feet of the original floor area, shall provide the required parking.
(3)
No parcel with a single-family detached dwelling that does not provide the required parking may be altered to reduce the number of on-site parking spaces.
(4)
No parcel with a single-family detached dwelling that provides the required parking may be altered so that it no longer provides the required parking.
(5)
For the purposes of this subsection, each of the attached dwellings in all two-family and three-family detached dwellings shall be treated as a single-family detached dwelling, the intent being that the required parking be provided for each of the dwellings in all two-family and three-family detached dwellings.
(6)
Notwithstanding anything to the contrary in this section, the parking required by this Subsection J may be provided by tandem parking spaces.
(7)
Upon application, the Board of Trustees is authorized to permit a lesser number of parking spaces than is otherwise required by this subsection upon its determination that the adverse impact to the adjacent property owners, community, and/or Village as a whole by providing the number of required parking spaces would outweigh the adverse impact of providing fewer than the number of required parking spaces. In determining any such application, the Board of Trustees may consider such factors as it deems relevant, including, but not limited to:
[Added 9-27-2011 by L.L. No. 6-2011]
(a)
The total number of required parking spaces;
(b)
The size, configuration, and topography of the property;
(c)
The location of existing and proposed structures;
(d)
The practicality of providing the required stormwater drainage based upon the permeability of the soil, the level of the groundwater, and underground streams;
(e)
The total amount of impervious area that would be necessary to meet the requirements; and
(f)
The impact on existing trees.
§ 575-156 Parking and storage in Business A Districts.
[Amended 12-18-1979 by L.L. No. 13-1979; 4-29-1985 by L.L. No. 7-1985]
In a Business A District the following regulations shall apply:
A.
Parking. On each lot or premises on which an authorized use is instituted or maintained, there shall be provided an accessory parking facility meeting the minimum standards hereinafter set forth:
[Amended 1-2-1996 by L.L. No. 1-1996; 9-5-2000 by L.L. No. 10-2000; 12-3-2002 by L.L. No. 24-2002; 10-21-2003 by L.L. No. 16-2003; 1-16-2007 by L.L. No. 3-2007]
(1)
Places of public assembly and restaurants: one parking space for each four persons who can legally be accommodated, plus one parking space for each employee.
(2)
For all medical/professional offices not permitted by § 575-129A(3): four parking spaces per practitioner, or one parking space for each 150 square feet of gross floor area, whichever is greater. The term "practitioner" shall include all persons licensed by the State of New York to perform medical, dental or health-related services.
(3)
For all offices not permitted by § 575-129A(3) or (4) or addressed by Subsection A(2) of this section: one parking space for each 200 square feet of gross floor area or three parking spaces, whichever is greater.
(4)
All other uses: For each 250 square feet of gross floor area in excess of an area equal to 70% of the lot area there shall be provided one parking space.
(5)
Notwithstanding the foregoing provisions of this Subsection A:
(a)
Any of such permitted uses that has a floor area of 1,500 square feet or less shall not be required to provide any accessory parking. For purposes of determining the floor area of any of such uses, any adjoining uses that either: are leased to the same party or to parties that have one or more of the same principals, partners, members, or individuals with similar ownership interest in such parties, and/or can be accessed to each other without going outside the building or through a public area within the building shall be deemed one use for determining whether the limit of 1,500 square feet has been exceeded.
(b)
The parking requirements for those uses specified in § 575-129A(4) shall be determined by the Board of Trustees.
(c)
The parking requirements set forth for those uses specified in § 575-129A(1), (2), (3), and (5) may be modified upon application to the Board of Trustees.
B.
Front yard restrictions. The front yard may not be used for parking, loading or unloading of motor vehicles.
C.
Parking spaces and access thereto. Each parking space required by this section shall be at least nine feet by 19 feet. The aisle or driveway giving direct access thereto shall have a minimum width of 22 feet. There shall be no tandem parking.
D.
Storage. A lot or premises or a portion thereof may be used for the storage of motor vehicles when said storage is accessory to a permitted use conducted on the same or adjoining premises, provided that:
(1)
Said vehicles do not exceed 2 1/2 tons' gross vehicle weight and are not designed or used for the transportation of any product which is volatile, flammable or explosive or presents a hazard to public health or safety.
(2)
Said vehicles are stored in a fully enclosed building.
(3)
The area of any building used for said storage shall not exceed 600 square feet or 25% of the building area of the building devoted to the principal use, whichever is less.
§ 575-157 Parking and storage in Business B Districts.
[Amended 12-18-1979 by L.L. No. 13-1979; 4-19-1983 by L.L. No. 6-1983; 4-29-1985 by L.L. No. 7-1985; 10-1-1996 by L.L. No. 11-1996; 9-5-2000 by L.L. No. 10-2000; 12-3-2002 by L.L. No. 24-2002; 10-21-2003 by L.L. No. 16-2003; 3-2-2004 by L.L. No. 10-2004]
In Business B Districts the following regulations shall apply:
A.
Parking. On each lot or premises on which an authorized use is instituted or maintained, there shall be provided an accessory parking facility for automobiles meeting the minimum standards hereinafter set forth:
(1)
Places of public assembly and restaurants: one parking space for each four persons who can legally be accommodated, plus one parking space for each employee.
(2)
Medical/professional offices: four parking spaces each per practitioner, or one parking space for each 150 square feet of gross floor area, whichever is greater. The term "practitioner" shall include all persons licensed by the State of New York to perform medical, dental or health-related services.
(3)
For all offices not permitted by Subsection A(2) of this section,[1] one parking space for each 200 square feet of gross floor area or three parking spaces, whichever is greater.
[1]
Editor's Note: This section previously referenced former § 210-93A(2) and § 210-93A(3), which were repealed 5-3-2005 by L.L. No. 3-2005.
(4)
All other uses in a Business B District: one parking space for each 300 square feet of gross floor area in excess of an area equal to 70% of the lot area.
B.
Front yard restrictions. In Business B Districts, the front yard may not be used for parking, loading or unloading of motor vehicles.
C.
Parking spaces and access thereto. Each parking space required by this section shall be at least nine feet by 19 feet. The aisle or driveway giving direct access thereto shall have a minimum width of 22 feet. There shall be no tandem parking.
D.
Storage. A lot or premises or a portion thereof may be used for the storage of motor vehicles when said storage is accessory to a permitted use conducted on the same or adjoining premises, provided that:
(1)
Said vehicles do not exceed 2 1/2 tons' gross vehicle weight and are not designed or used for the transportation of any product which is volatile, flammable or explosive or presents a hazard to public health or safety.
(2)
Said vehicles are stored in a fully enclosed building.
(3)
The area of any building used for said storage shall not exceed 600 square feet or 25% of the building area of the building devoted to the principal use, whichever is less.[2]
[2]
Editor's Note: Former § 210-120, Parking in Industrial Districts, as amended, which previously followed this section, was repealed 3-2-2004 by L.L. No. 8-2004.
§ 575-158 Parabolic or hemispherical antennas.
[Added 4-19-1983 by L.L. No. 7-1983]
Except as provided in Subsections A and B of this section, no parabolic or hemispherical antennas may be erected, constructed, altered or maintained on any lot within the Village of Great Neck.
§ 575-159 Amateur ratio station antennas.
[Added 8-20-1996 by L.L. No. 7-1996]
A. AMATEUR RADIO SERVICES AMATEUR RADIO STATION ANTENNA BOARD BUILDING INSPECTOR VILLAGE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Synonymous with the term amateur radio services as presently defined in Section 97.3 of Title 47 of the Code of Federal Regulations, as such definition may be amended from time to time.
The antenna structure, including but not limited to the radiating elements, tower, supports and all other appurtenances, utilized for amateur radio services.
The Board of Trustees of the Village.
The Building Inspector of the Village.
The Village of Great Neck.
B.
Regulation of amateur radio station antennas. No amateur radio station antennas shall be constructed or erected within the Village for which a building permit has not been issued by the Building Inspector and which does not comply with the minimum standards prescribed in Subsection C of this section. No amateur radio station antennas shall be used or maintained within the Village for which a certificate of compliance has not been issued by the Building Inspector.
C.
Minimum standards.
(1)
No amateur radio station antenna shall be located in a front yard or in a minimum required side yard.
(2)
Other than the radiating elements, no part of an amateur radio station antenna shall be located closer to any property line than 12 feet or a distance equal to the minimum required side yard setback for the zoning district within which the premises is located, whichever is greater (hereinafter referred to as the "minimum setback").
(3)
No part of any amateur radio station antenna shall, at any time, whether on the ground or in the air, extend beyond the boundaries of the premises for which a permit has been granted.
(4)
There shall be no more than one amateur radio station antenna tower on any building lot.
(5)
No amateur radio station antenna shall exceed 35 feet in height. However, a retractable amateur radio station antenna may be installed which does not exceed 70 feet in height when fully extended, so long as when it is fully retracted ("nested") it does not exceed 35 feet in height. In the event that a retractable amateur radio station antenna is installed which exceeds 35 feet in height, such amateur radio station antenna shall be retracted to no higher than 35 feet in height when it is not actually being used for communications as part of amateur radio services.
(6)
The amateur radio station antenna tower shall be equipped with tower shields, snugly fitting between the tower legs and flat against the rungs, approximately five feet in height, or, subject to the approval of the Building Inspector, an equivalent anticlimbing device, or shall be fully enclosed in the same manner required for outdoor swimming pools at one- and two-family dwellings by Section 720.1 of Part 720 of Title 9 of the New York Codes, Rules and Regulations (which also constitutes the same said section and part of Subchapter B, Building Construction, of Chapter 1 of the State Uniform Fire Prevention and Building Code), as such requirement may be modified from time to time.
D.
Form of application. An application to construct or erect an amateur radio station antenna shall be made in writing and shall include:
(1)
The name of the owner and of the tenant, if the tenant is the applicant, of the premises.
(2)
The street address and tax map designation of the premises.
(3)
An up-to-date survey of the premises showing all of the structures erected thereon, including but not limited to any existing amateur radio station antenna on the premises.
(4)
All of the use or uses of the premises.
(5)
The manufacturer, model and complete physical description of the proposed amateur radio station antenna and the manufacturer's engineering plans and specifications or other data, if any, for the erection of the tower.
(6)
The name of the firm or contractor, if any, who will be constructing or erecting the proposed amateur radio station antenna.
(7)
An affirmation by the owner or the tenant, if the tenant is the applicant, of the premises of the truth of the foregoing information.
E.
Additional information to be supplied with the application. Such application shall be accompanied by:
(2)
Authorization for the Building Inspector to enter upon the premises to inspect the proposed location of the amateur radio station antenna, to confirm the accuracy of the survey and to evaluate the proposed construction or erection; and, if a special exception permit is sought, authorization for the Mayor and the Board of Trustees and the Village Attorney to enter upon the premises to inspect the proposed location of the amateur radio station antenna and how it may affect adjacent properties.
F.
Certificate of compliance. Prior to the issuance of a certificate of compliance by the Building Inspector, the applicant shall file with the Building Inspector a controlled inspection report signed and sealed by a registered architect or professional engineer. Such report shall certify that such architect or engineer has inspected the amateur radio station antenna and that the amateur radio station antenna has been erected in accordance with all of the plans and other documentation filed with the application and in compliance with all applicable laws and regulations.
G.
Special exception permits.
(1)
Upon application to the Board of Trustees for a special exception permit, the provisions of this section may be waived upon a showing of hardship or lack of relevance, so long as the public health, safety, aesthetics and general welfare can be maintained.
[Amended 12-15-2015 by L.L. No. 9-2015]
(2)
The Board may make rules as to the form, content and manner of making applications for special exception permits pursuant to this section; and, upon the filing of such applications, the Board shall fix the time and place for a public hearing thereon and shall give notice thereof by publishing such notice in a newspaper having a general circulation in the Village not fewer than 10 days before the hearing, and the applicant shall mail copies of said notice to all property owners within 200 feet of the premises not fewer than 15 days before the hearing. Such notice shall state the location of the premises and the nature of the application.
(3)
Each application shall be accompanied by a fee in the amount as shall be prescribed from time to time by the Board of Trustees.
[Amended 12-16-2003 by L.L. No. 17-2003]
§ 575-160 Institutions under Mental Hygiene Law.
An institution required to be licensed under the Mental Hygiene Law of the State of New York is hereby prohibited in all districts.
§ 575-161 Parking on roofs.
[Added 4-19-1983 by L.L. No. 6-1983]
In all business districts of the Village, the parking or storage of a motor vehicle on the roof of a building or structure, or in or on any open portion of a building or structure above the first story, is prohibited.
§ 575-162 Public garages.
No public garage, motor vehicle repair shop or gasoline service station shall be erected, altered or used if any part of the lot or plot on which the same is located is within 200 feet of any premises used for a public school, public library, church or hospital.
§ 575-163 Frontage of business buildings.
[Amended 2-4-2003 by L.L. No. 2-2003]
Business buildings shall only provide for ingress and egress for the general public on business streets. No part of such buildings shall provide for ingress and egress for the general public on nonbusiness streets, except as additional means of egress as may be required by law, including applicable fire safety regulations. The average length of a business building along a nonbusiness street shall not exceed the length of such building on a business street.
§ 575-164 Placement of dwelling.
§ 575-165 Completion of buildings.
Nothing herein contained shall require any change in the plans, construction or designated use of a building, the construction of which shall have been begun at the time this chapter becomes effective, and which entire building shall have been completed within one year from the date of adoption of this chapter.
§ 575-166 Dumping or abandonment of materials.
No lot or plot or tract of land shall be used for the dumping or abandonment of any combustible materials, junk, metal, bricks, stone, concrete, concrete blocks, pavement, paving, plaster, lumber or any other kind of building material, automobiles, automobile bodies, automobile chassis or parts or portions thereof, tanks, barrels, containers, machines, machinery, engines, utensils or appliances, any of which or any parts whereof are entirely or in part made of metal, or any other abandoned article. The foregoing shall not prohibit application for a use permit for temporary storage purposes and the granting of said permit by the Board of Appeals, pursuant to the provisions of Article XX.
§ 575-167 Architectural features; floor area ratio.
[Added 12-2-1997 by L.L. No. 4-1997]
A.
In order to achieve the maximum floor area ratio hereinbefore established for a single-family dwelling, certain valuable architectural features must be incorporated in the dwelling. These architectural features are set forth in Subsection B below, and each of these features is assigned a floor area ratio value. The floor area ratio for a single-family dwelling which incorporates none of the valuable architectural features (the base floor area ratio) shall be the maximum floor area ratio hereinbefore established less the reduction in floor area ratio set forth in Subsection C hereof. For each valuable architectural feature incorporated in the dwelling, the value assigned to that feature in Subsection B shall be added to the base floor area ratio, to an amount not exceeding the maximum floor area ratio hereinbefore established for the dwelling.
B.
Architectural feature.
Architectural Feature | Floor Area Ratio Value | |
|---|---|---|
Peaked roof on 80% of the building area of the dwelling | 0.04 | |
Peaked roof on one-story portions of the dwelling. On interior lots, one-story peaked roofs must appear on at least one of the side or the front elevation of the residence. On corner lots, one-story peaked roofs are permitted on elevation of the building. [Amended 4-23-2002 by L.L. No. 8-2002] | 0.02 | |
Minimum of two bay windows, each having a framed area of at least 16 square feet located on any side or front elevation on interior lots or any elevation on corner lots [Amended 9-5-2000 by L.L. No. 10-2000] | 0.02 | |
Open porch on the front of the dwelling having a minimum depth of 5 1/2 feet and a length which covers at least 65% of the length of the front facade of the dwelling (excluding the garage and vestibule) | 0.03 | |
Projecting vestibule | 0.02 | |
Attached garage which is set back at least 10 feet from the front line of the dwelling | 0.02 |
C.
District.
District | Total Reduction in Floor Area Ratio | |
|---|---|---|
Residence AA | 0.04 | |
Residence A | 0.06 | |
Residence A-1 | 0.07 | |
Residence B | 0.08 | |
Residence B-1 | 0.07 | |
Residence C | 0.08 | |
Residence D | 0.08 |
D.
In order to encourage the retention and upgrading of single-family dwellings which were built prior to the adoption of the first set of floor area ratio regulations in the Village on May 19, 1987, the provisions of Subsections A, B and C of this section shall not be applied in the event of an alteration and/or addition to a single-family dwelling built prior to May 19, 1987, provided that the Building Department of the Village shall certify, in writing, that such dwelling was built prior to May 19, 1987, and that such alteration and/or extension will not effect a change in excess of 25% of the exterior of the dwelling as it existed on May 19, 1987.
[Amended 1-17-2017 by L.L. No. 3-2017[1]]
E.
In order to encourage the upgrading and construction of single-family dwellings with brick and/or stone facades, the floor area of such facades, up to a maximum of four inches in depth, shall be excluded from the calculations for floor area when measuring the maximum permissible floor area under this chapter.
[Added 3-20-2012 by L.L. No. 8-2012]
§ 575-168 Facades of single-family dwellings.
[Added 12-2-1997 by L.L. No. 4-1997; amended 10-25-2016 by L.L. No. 4-2016; 7-19-2022 by L.L. No. 7-2022]
In a single-family dwelling:
A.
No horizontal plane of a front or side facade shall extend for more than 30 feet without a change or break in said plane of at least two feet in width. The horizontal plane of a front facade shall have at least one break of at least two feet in width, regardless of the overall width of the facade. A projecting chimney shall be considered a change or break in a plane if it is:
B.
At least 10% of each and every facade shall be comprised of fenestration (windows and/or doors).
C.
The eave of an open porch on the front of a dwelling shall not exceed 12 feet in height.
§ 575-169 Driveways.
[Added 12-2-1997 by L.L. No. 4-1997]
A.
Every driveway shall have an unobstructed minimum width of nine feet and be set back at least two feet from all side or rear lot lines.
B.
No part of the first story of a dwelling may extend onto or over the minimum driveway width required in Subsection A above.
C.
Where a section of a driveway is set back five feet or less from the side or rear lot line, the setback area abutting that section of the driveway shall be known as a "minimal setback area," and it shall be landscaped as indicated in Subsection C(1) below and by one of the methods indicated in Subsections C(2) or C(3) below, and said landscaping shall be maintained in good condition:
(1)
A hedge, at least three feet in height, planted along at least 75% of the minimal setback area; and
(2)
Deciduous trees having a diameter at breast height of at least three inches, planted at intervals of not more than 30 feet on center in the minimal setback area; or
(3)
Conifer trees, at least five feet in height, planted at intervals of not more than 30 feet on center in the minimal setback area.
D.
On a corner lot, a garage shall not face and a driveway shall not enter the most major public street.
[Amended 2-4-2003 by L.L. No. 2-2003]
E.
No retaining wall related to a driveway shall exceed four feet in height, and no two retaining walls may be closer than three feet to one another, measured wall face to wall face.
§ 575-170 Refrigerated refuse rooms for putrescible waste.
[Added 2-16-1999 by L.L. No. 2-1999; amended 5-4-1999 by L.L. No. 5-1999]
A. PUTRESCIBLE WASTE REFRIGERATED REFUSE ROOM
Definitions. As used in this section, the following terms shall have the meanings indicated:
All garbage, refuse and other solid waste that contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to be capable of attracting or providing food for disease vectors.
An insulated room with no vents which, through refrigeration, will produce and maintain a temperature not exceeding 55° F., with GFI receptacle and a minimum two-inch floor drain.
B.
Refrigerated refuse rooms required.
(1)
All commercial establishments shall store their putrescible waste in a refrigerated refuse room until not more than one hour prior to the time that it will actually be collected for removal from the premises.
(2)
All commercial establishments which deal in food or other meat or vegetable products, which produce, create or maintain putrescible waste, shall provide a refrigerated refuse room on the grade level of the principal building whereat the putrescible waste is produced, created or maintained, which is no smaller in dimension than is required to contain all of the putrescible waste maintained on the premises between the times it is collected for removal from the premises. An engineer's certification shall be required from the operator of the establishment to assist the Building Inspector in establishing the minimum necessary size of such refrigerated refuse room.
C.
Existing commercial establishments. All commercial establishments existing on the date that this section takes effect shall come into compliance with the provisions hereof within 120 days of the date of its adoption.
§ 575-170.1 Screening for non-single-family detached dwellings.
[Added 10-16-2007 by L.L. No. 13-2007]
A. NONRESIDENTIAL USE RESIDENTIAL USE
Definitions. For the purposes of this section alone, the following terms and phrases shall have the meanings indicated:
Any use that is not a single-family detached dwelling, a two-family detached dwelling or a use by the Village of Great Neck.
A single-family detached dwelling or a two-family detached dwelling.
B.
All nonresidential uses that abut one or more residential uses shall install, repair, maintain and replace, to the extent required by the Building Department, for so long as such nonresidential uses continue, the following, along their common boundary line with such residential uses:
(1)
A six-foot-high fence.
(2)
A fifteen-foot landscaped buffer. Other than said six-foot-high fence and an irrigation system, there shall be no lighting fixtures or other aboveground structures within said buffer.
(3)
Landscaping with trees, shrubs and ground cover within said fifteen-foot buffer of sufficient height and density to minimize, to the extent practicable, the light and noise from the nonresidential use to the adjacent residential area.
C.
The fencing, buffer and landscaping requirements herein shall be subject to the approval of such board or committee of the Village that is required to provide the site plan approval for the proposed use or, if none is so required, by the Village Architectural Review Committee.
§ 575-170.2 Outdoor compressors.
[Added 2-19-2008 by L.L. No. 4-2008]
A.
Applicability. All outdoor compressors used in connection with air-conditioning systems in all of the residential zoning districts of the Village, other than the Apartment (E) and Mixed Use (MU) Districts, shall be subject to the provisions of this section.
[Amended 4-5-2011 by L.L. No. 2-2011]
B.
Location. Outdoor compressors used in connection with air-conditioning systems shall be located in the rear yard immediately adjacent to the rear wall of the residence and at least 20 feet from any property line.
[Amended 4-5-2011 by L.L. No. 2-2011]
C.
Waivers. In addition to the variance powers of the Board of Appeals, the Committee of Architectural Review is hereby empowered to grant waivers from the provisions of this section to applicants who have difficulty complying with the placement and setback provisions of this section, after considering the adverse impact of the granting of such an application upon neighboring properties, utilizing the following criteria and taking into account such other facts as the Committee may deem relevant:
(1)
The alleged difficulty with compliance.
(2)
Financial impact of compliance.
(3)
The location of existing or proposed structures in the rear and/or side yards.
(4)
The proposed equipment as to noise levels and size.
(5)
The proposed screening, including but not limited to fences, walls, shrubbery, and other visual and sound attenuation.
(6)
The location of the dwellings and other structures on the adjacent premises.
(7)
The topography of the site.
(8)
The fact that the waiver seeks to legalize an existing nonconforming compressor or for permission to replace an existing nonconforming compressor. If such nonconformity is illegal, such illegality shall be relevant to the decision of the Committee, but shall not necessarily preclude the granting of the waiver.
D.
Notice. In addition to such other notice as may be required by the Committee of Architectural Review, notice of the application shall be given by the applicant to the owners of all of the properties adjacent to the yard wherein the compressor is located or wherein the applicant proposes to locate the compressor and to each other owner of property within 20 feet of the location of the proposed compressor, if any, by both certified mail, return receipt requested, and first class mail.
E.
Conditions. In the granting of any waivers from the provisions of this section, the Committee of Architectural Review may impose such conditions as it deems reasonable to mitigate the adverse impact, if any, which may result from such waivers.
F.
Notwithstanding anything in Subsections B through E of this section to the contrary, outdoor compressors used in connection with air-conditioning systems shall be permitted as of right in a side yard so long as they meet all of the following conditions:
[Added 4-5-2011 by L.L. No. 2-2011]
(2)
They must be certified by their manufacturers not to produce a continuous airborne sound level in excess of 60 dBA. In the event that there is more than one such compressor in a side yard, such certification must show that all such compressors, when running simultaneously, will not produce a continuous airborne sound level in excess of 60 dBA.
(3)
They are screened from the adjacent property to the side and from the street by a full evergreen landscaped buffer, as approved by the Building Inspector.
(4)
They are maintained in good operating condition at all times to assure that they do not produce a continuous airborne sound level in excess of 60 dBA
(5)
The said full evergreen landscaped buffer shall be maintained to the satisfaction of the Building Inspector for so long as any such unit remains in the side yard.
§ 575-170.3 Electric generators.
[Added 10-18-2011 by L.L. No. 7-2011]
A. ELECTRIC GENERATOR
Definitions. As used within this section, the following terms shall have the following meanings:
An outdoor device that is designed to be used as a temporary generator of electricity for a dwelling when the electricity being furnished to that dwelling by an off-site utility company is temporarily disrupted for reasons other than nonpayment.
D.
Location. Electric generators shall be located in the rear yard, immediately adjacent to the rear wall of the dwelling and at least 20 feet from any property line.
E.
Waivers. In addition to the variance powers of the Board of Appeals, the Committee of Architectural Review is hereby empowered to grant waivers from the provisions of this section to applicants who have difficulty complying with the placement and setback provisions of this section, after considering the adverse impact of the granting of such an application upon neighboring properties, utilizing the following criteria and taking into account such other facts as the Committee may deem relevant:
(1)
The alleged difficulty with compliance.
(2)
The financial impact of compliance.
(3)
The location of existing or proposed structures in the rear and/or side yards.
(4)
The proposed equipment, as to noise levels and size.
(5)
The proposed screening, including, but not limited to, fences, walls, shrubbery, and other visual and sound attenuation.
(6)
The location of the dwellings and other structures on the adjacent premises.
(7)
The topography of the site.
(8)
The fact that the waiver seeks to legalize an existing nonconforming electric generator or seeks permission to replace an existing nonconforming electric generator. If such nonconformity is illegal, such illegality shall be relevant to the decision of the Committee but shall not necessarily preclude the granting of the waiver.
F.
Notice. In addition to such other notice as may be required by the Committee of Architectural Review, notice of the application shall be given by the applicant to the owners of all of the properties adjacent to the yard wherein the electric generator is located or wherein the applicant proposes to locate the electric generator and to each other owner of property within 20 feet of the location of the proposed electric generator, if any, by both certified mail, return receipt requested, and first-class mail.
G.
Conditions. In the granting of any waivers from the provisions of this section, the Committee of Architectural Review may impose such conditions as it deems reasonable to mitigate the adverse impact, if any, that may result from such waivers.
H.
Notwithstanding anything in Subsections C through G of this section to the contrary, electric generators shall be permitted as of right in a side yard, so long as they meet all of the following conditions:
(2)
The manufacturer shall, in its specifications, or the Building Inspector shall otherwise receive information believed reliable by him or her that they will not produce a sound output when operating at normal load in excess of 70 dB when measured at a distance of 23 feet.
[Amended 5-1-2012 by L.L. No. 10-2012]
(3)
They are screened from the adjacent property to the side and from the street by a full evergreen landscaped buffer, as approved by the Building Inspector.
(4)
They are maintained in good operating condition at all times to assure that, at a full load, they do not exceed their respective manufacturer's certification.
[Amended 5-1-2012 by L.L. No. 10-2012]
(5)
The said full evergreen landscaped buffer shall be maintained to the satisfaction of the Building Inspector for so long as any such electric generators remain in the side yard.
§ 575-170.4 Limitation on kitchens.
[Added 3-20-2012 by L.L. No. 7-2012]
No dwelling shall have more than one kitchen.
§ 575-170.5 Emergency means of egress.
[Added 3-20-2012 by L.L. No. 7-2012]
A. EMERGENCY EGRESS ORIGINAL FLOOR AREA SUBSTANTIALLY ALTERED
Definitions. As used in this section, the following terms shall have the following meanings:
An operable opening directly into a public street, public alley, yard, or court.
The floor area of the dwelling on the date when the construction of the dwelling was first completed or on the date five years before the instant application, whichever was the last date to occur.
An alteration that increases the floor area of the basement and/or the cellar.
B.
Every basement and cellar in every new residential dwelling shall have at least one emergency egress. Where a basement or cellar contains one or more sleeping rooms, emergency egress shall be required in each sleeping room, but shall not be required in adjoining areas of the basement.
C.
If an emergency egress is by a window, the window shall have a sill height of not more than 44 inches above the floor. If an emergency egress has a finished sill height below the adjacent ground elevation, it shall have a window well with a minimum horizontal area of nine square feet and a minimum horizontal projection and width of 36 inches. The area of the window well shall allow the emergency egress to be fully opened.
D.
If an emergency egress is by a door that is provided with a bulkhead enclosure, the bulkhead enclosure with the door panels in the fully open position shall provide a minimum net clear opening of 5.7 square feet, with the exception of grade floor openings, which shall have a minimum net clear opening of five square feet.
E.
The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency egress from the inside.
F.
The provisions of this section shall apply to all dwellings wherein, after March 31, 2012, the basement and/or cellar is either constructed or substantially altered.
§ 575-170.6 Stairs to third stories.
[Added 11-20-2012 by L.L. No. 16-2012]
A. SECOND STORY STAIR STORY ABOVE GRADE THIRD STORY THREE-STORY DWELLING
Definitions. As used in this section, the following terms shall mean and include:
A second story above grade.
A combination of treads or a combination of ladder rungs, other than a pull-down attic stair for access to a third story.
Any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is either:
A third story above grade.
Any dwelling that has three or more stories.
B.
Second story to third story stairs. Whenever stairs are provided from a second story to a third story, the entire structure shall be fully sprinklered in accordance with the requirements of the State Building Code, as defined in § 237-1 of this Code, and such third story shall be deemed "habitable space," subject to the fire and other safety requirements of the State Building Code, whether or not they are included as floor area or would otherwise be deemed habitable space pursuant to this Code or the State Building Code.
C.
Legally preexisting stair to a third story.
(1)
Notwithstanding anything to the contrary herein, a stair that received a certificate of occupancy prior to the adoption of this section or which was legally constructed at a time when no certificate of occupancy was required shall be exempt from the requirements of Subsection B of this section.
(2)
It shall be an affirmative defense in any prosecution for a violation of this section that the stair was a legally preexisting stair and qualifies for an exemption pursuant to this subsection.
§ 575-170.7 Clothes-drying areas.
[Added 12-4-2012 by L.L. No. 21-2012; amended 2-5-2013 by L.L. No. 3-2013]
No clothesline, clothes dryer, or clothes drying area shall be erected or used outside of a building:
§ 575-170.8 On-site smoking businesses.
[Added 11-4-2014 by L.L. No. 12-2014]
On-site smoking businesses are prohibited within the Village.
§ 575-170.9 Permits for conditional and special permit uses.
[Added 12-15-2015 by L.L. No. 9-2015]
The Board of Trustees may issue permits for conditional uses and special exception uses, as provided in this chapter, subject to such terms and conditions as the Board may deem necessary to safeguard adjoining properties and the health, morals, safety and general welfare of the community. In the consideration and determination of applications for conditional uses or special exception uses, the Board shall consider the following general standards as applied to the specific application:
A.
The purpose of zoning as set forth in the Village Law of the State of New York and uses permitted in the district in which the property is located.
B.
Whether the proposed use is of such character, size, location, design and site layout as to be appropriate to and in harmony with the surrounding properties.
C.
Whether the proposed use will provide a desirable service, facility or convenience to the area or otherwise contribute to the proper growth and development of the community and to its general welfare.
D.
Whether the proposed use will be hazardous, conflicting or incongruous to the immediate neighborhood by reason of excessive traffic, assembly of persons or vehicles, proximity to travel routes or congregations of children or pedestrians.
E.
Whether the proposed use will be of such nature as to be objectionable to nearby residential dwellings by reason of noise, lights, vibration or other factors of impact.
F.
Whether the proposed use will be a harmonious use in the district in which it is to be situated and not hinder or discourage the appropriate use and development of adjacent uses or impair the value thereof.
G.
In addition to the foregoing, the location and size of a proposed use in a business or waterfront development district, the nature and intensity of the operations proposed and the site layout and its relation to access streets shall be considered by the Board having jurisdiction of the application to determine whether the vehicular traffic resulting from such use will be more hazardous than the normal traffic of the district, taking into account such factors as street intersection, traffic flow, sight distances and pedestrian traffic.
H.
With respect to places of public assembly, including but not limited to theaters, restaurants, schools, churches, assembly halls, etc., the Board shall ensure that there are adequate on-premises parking facilities to handle the maximum projected attendance.
I.
The conversion of any existing office to a medical/professional office shall require a special permit in accordance with the provisions of this section.
J.
In granting an application for a special permit use or conditional use pursuant to this section, the Board of Trustees shall have the authority to grant minor adjustments to the dimensional (i.e., area) zoning requirements affecting the lot, or lots, which are the subject of the application. Such adjustments may in no event exceed 5% of the maximum or minimum dimensional requirement from which relief is requested.
K.
Upon receipt of an application pursuant to this section, the Board of Trustees may refer the application to Great Neck Planning Board or Great Neck Zoning Board of Appeals for a report and recommendation on all or part of the application, as the Board deems necessary and prudent.
L.
Special permits and conditional uses granted pursuant to this section shall be subject to the time restrictions and extension procedures applied to zoning variances, as set forth in § 575-196 of this chapter, except that requests for extensions on special permit uses and conditional uses shall be made to the Board of Trustees.
§ 575-170.10 Split lots.
[Added 12-21-2021 by L.L. No. 4-2022]
Where a building and/or lot in one ownership spans two or more districts, the following shall apply:
A.
Each building's and/or lot's use shall comply with the permitted uses (whether as of right, conditional, special permit, or by incentive grant) of the district in which the use is situated.
B.
Each building's and/or lot's dimensional requirements shall comply with the dimensional requirements of the district in which each portion of the building and/or lot is situated.
C.
Nothing in this section shall relieve any party of any other responsibility under any other law.