Great Neck City Zoning Code
ARTICLE XXXII
Middle Neck Road Multifamily Incentive Overlay District MNR-MIO
§ 575-285 Applicability.
A.
The provisions of this article shall apply to the Middle Neck Road Multifamily Incentive Overlay District as hereinafter set forth.
B.
The boundaries of said district, as shown on the Building Zone Map of the Village of Great Neck, shall be coterminous with the boundaries of the Residence E District.
§ 575-286 Use.
[Amended 8-6-2024 by L.L. No. 5-2024]
A building may be erected, altered, or used and a lot or premises may be used for any of the purposes set forth in the underlying district and such other uses as may be approved by he Board of Trustees in connection with a development incentive pursuant to this article.
§ 575-287 Development incentives.
A.
Pursuant to the powers set forth in Village Law § 7-703, in recognition of the opportunities to advance a specific physical, cultural, and/or social policy of the Village, in accordance with the Village's Comprehensive Plan, as set forth in this chapter, in coordination with such other community planning mechanisms and/or land use techniques as may be available and appropriate, if any, where an applicant proposes such an opportunity that the Board of Trustees may, from time to time, by resolution, find appropriate and that meets the criteria herein, the Board of Trustees may approve adjustments to any zoning restrictions set forth in this chapter, with such limitations as may be set forth more particularly with regard to the incentive sections for the zoning district within which the premises are located.
[Amended 8-6-2024 by L.L. No. 5-2024]
B.
In determining whether or not to grant the adjustment, the Board of Trustees shall consider the following:
C.
Payment in lieu of community amenities.
(1)
At the request of the applicant or on its own determination that the identified amenities to the Village are not immediately feasible or otherwise not practical for the applicant to provide, the Board of Trustees may require, in lieu of the identified amenities, a payment to the Village of a sum determined by the Board of Trustees. Alternatively, the Board may choose to accept a partial amenity and partial payment in lieu of such proposed amenity. If cash is accepted in lieu of a community amenity, provision shall be made for such sum to be deposited in a trust fund to be used by the Board of Trustees exclusively for specific community amenities that could be applied throughout the Village as authorized by the Board of Trustees.
(2)
Any payment in lieu of community amenities must be received prior to the issuance of a building permit for the construction of the proposed development.
§ 575-288 Limitations on incentives.
[Amended 3-16-2023 by L.L. No. 1-2024; 8-1-2023 by L.L. No. 2-2024; 4-2-2024 by L.L. No. 4-2024]
No incentive shall be granted for an attached townhome or a multifamily dwelling in contravention of any of the following:
A.
The maximum height for a townhome shall not exceed 30 feet or 22 feet at the eaves.
B.
No townhome building shall contain more than six townhomes.
C.
The maximum length of a townhome building shall not exceed 204 feet.
D.
No horizontal plane of any facade of a townhome building shall exceed 88 feet without a change or break in said plane of at least 10 feet.
E.
The maximum height for a multifamily dwelling shall not exceed four stories or 42 feet with an area on the roof for recreational use by the tenants of the dwelling (a roof deck). Notwithstanding the foregoing, the presence of uninhabitable stories consisting solely of parking lots, lobby areas (and associated amenities) and/or Building Core shall permit a maximum height of five stories or 55 feet, provided that the fifth story has sufficient setbacks as required by the Board of Trustees. If a roof deck is permitted, it shall be limited to the following restrictions:
(1)
The roof deck shall not exceed 50% of the roof area.
(2)
The use of the roof deck shall be limited to the residents of the building and their guests.
(3)
There shall be no barbequing or other cooking on the roof deck.
(4)
There shall be no lights, permanent or temporary, on the roof deck other than as approved on the site plan.
(5)
The roof deck may be used for communal use associated with individual units in the building.
(6)
The roof deck shall have only one lobby, whether for an elevator, a staircase, or both, which shall not exceed an area of 100 square feet. The area of the elevator and/or staircase shall not be considered as part of the lobby for the purpose of calculating the 100-square-foot limitation. If not for communal use, access shall be by a bulkhead for each unit immediately below, whether for an elevator, a staircase, or both, that leads directly, without lobby, onto the roof surface.
F.
The maximum density for a multifamily dwelling shall not exceed 48 dwellings per acre.
G.
The minimum front yard shall be 10 feet from the property line and 15 feet from the curb. No incentive shall be given that reduces the ten-foot setback from the property line unless there is a sufficient area of not less than 10 feet between the building and the sidewalk for a landscape buffer (which may be in whole or in part on Village property and which will be landscaped and maintained by the property owner).
H.
Notwithstanding the foregoing, the Board of Trustees shall have the authority to grant an incentive, modifying the use and/or dimensional requirements set forth herein, where, in the sole discretion of the Board of Trustees, such modification is determined to be in the interest of superior design and is otherwise found to be in the best interests of the Village.
[Amended 8-6-2024 by L.L. No. 5-2024]
§ 575-289 Incentive procedures.
Applications seeking increased density or modification of dimensional standards as part of this district's incentive zoning framework shall comply with the procedural requirements outlined in Article XXXI.