Multiple dwellings.

For the period commencing on the effective date of Local Law 13 of 1999 and ending on the effective date of Local Law 8 of 2003, the Board of Trustees shall not consider, grant, approve, or issue a building permit, permit of compliance or conditional use permit which would authorize the use of any building, structure or premises in the Village's C-2 Zoning District as a multiple dwelling.

Notwithstanding the above, nothing contained in this section shall prevent the Board of Trustees from modifying a building permit, conditional permit or permit of compliance relating to the use of a structure, building or premises in the C-2 District as a multiple dwelling if, prior to the effective date of this section, such structure, building or premises had in effect a valid building permit or permit of compliance authorizing its use as a multiple dwelling, except that no such modification of an existing permit shall result in a more intensive use of the building, structure or premises.

Nothing contained in this section shall be deemed to prevent the reconstruction of a building, structure or premises in the C-2 District used as a multiple dwelling in the event of casualty or act of God, provided that, as of the effective date of this section, such building, structure or premises had been legally used for a multiple dwelling and further provided that any reconstruction shall be substantially similar in physical dimension, area coverage and location to the building, structure or premises which existed prior to said reconstruction.

For the period commencing on November 3, 1999, and continuing during the period of the moratorium established by this section, the Village shall not accept, consider or approve any application for a building permit, conditional permit or permit of compliance for a multiple dwelling in the C-2 District. This moratorium shall not apply to any application for a building permit, conditional permit or permit of compliance for a multiple dwelling in the C-2 District that was filed prior to November 3, 1999, provided that there has been no substantial or material modification to such application after November 3, 1999.

A building may be erected, altered or used and a lot or premises may be used for any of the purposes set forth in this section when and if authorized by the Board of Trustees pursuant to the provisions of Article XVIII, § 225-134, and for no other.

Nothing contained herein shall be construed to give any right or presumption of right to a conditional use permit to any applicant. Such a conditional use permit shall not be issued unless the Board of Trustees has made a determination that such a permit is authorized and warranted under the standards of § 225-134 of Article XVIII. Moreover, in connection with the issuance of any conditional use permit for a specialized senior housing facility, the applicant shall provide to the Board, in addition to any other required information, all requested and necessary information concerning the operator of said facility, including but not limited to name; address; telephone number; state and date of incorporation, if a corporation; name and address of officers and/or managing principals; name and address of owners and principals except that, in the case of a corporation, only the name of shareholders holding more than 5% ownership interest need be provided; prior experience in the operation of such facilities; and a listing of any administrative or judicial proceedings pending or instituted within the prior seven years relating to the construction or operation of such a facility by the operator or its officers or principals. It shall be a specific condition of any conditional use permit issued for a specialized senior housing facility that the facility be constructed and operated in compliance with all applicable governmental licensing requirements.

Except for preexisting uses of buildings as extended-stay hotels approved under § 225-90.1B, no conditional use permit shall be issued to a hotel in situations where the residence building utilized as a hotel also contains dwelling units used for nontransient occupancies.

For the period commencing on the effective date of Local Law 1 of 1999 and ending December 31, 2001, the Board of Trustees shall not consider, grant, approve, or issue a conditional use permit which would authorize the use of any building, structure or premises in the Village's C-2 Zoning District as a hotel or specialized senior services facility.

Notwithstanding the above, nothing contained in this section shall prevent the Board of Trustees from modifying a conditional use permit relating to the use of a structure, building or premises in the C-2 District as a hotel or specialized senior services facility if, prior to the effective date of this section, such structure, building or premises had in effect a valid conditional use permit authorizing its use as a hotel or specialized senior services facility, except that no such modification of an existing conditional use permit shall result in a more intense use of the building, structure or premises.

Nothing contained in this section shall be deemed to prevent the reconstruction of a building, structure or premises in the C-2 District used as a hotel or specialized senior services facility in the event of casualty or act of God provided that, as of the effective date of this section, such building, structure or premises had been legally used for a hotel or specialized senior services facility, and further provided that any reconstruction shall be substantially similar in physical dimension, area coverage and location to the building, structure or premises which existed prior to said reconstruction.

During the period of the moratorium established by this section, the Village shall not accept any applications for conditional use permit for a hotel or specialized senior services facility in the C-2 District and shall postpone consideration of any such pending applications until after the end of the moratorium.

The moratorium contained in Subsection A hereof shall end on December 31, 2001.

After the termination of the moratorium, hotels may be approved as a conditional use within the C-2 Zoning District subject to the conditional use permit process.

After the termination of the moratorium, specialized senior housing facilities shall no longer be approved as a conditional use within the C-2 Zoning District, except that those specialized senior housing facilities which were approved prior to the commencement of the moratorium may continue as nonconforming uses. Any remaining reference to specialized senior housing facilities within the Village Code after the termination of the moratorium shall not be deemed or construed to empower the Village Board to consider, grant, approve or issue a conditional use permit authorizing the use of any building, structure or premises in the C-2 Zoning District as a specialized senior housing facility except that:

Open front shops or stores.

Drive-in establishments, other than banks.

The outdoor display, sale or storage of merchandise, including vending machines and other similar coin-operated devices which automatically deliver goods or render services.

Any business whose primary purpose is to serve and/or sell foods for immediate consumption, which foods will be taken off the premises and consumed on the streets of the Village.

Facilities primarily used for pinball machines, juke boxes, coin-operated games or any combination thereof.

Off-track betting facilities or any other facilities that are used primarily for the receipt of bets on horse races or other events.

Facilities which provide tanning services through the use of ultraviolet-radiation-emitting devices of any kind and which have not been authorized to operate within the Village prior to the date of this subsection.

On-site smoking businesses. For purposes of this subsection:

In the C-2 District, the total gross floor area for any building containing a conditional use authorized under § 225-74 of this article other than a hotel or specialized senior housing facility shall not exceed 32,670 gross square feet per acre (.75 FAR), adjusted proportionately for lots which are smaller or larger than one acre.

As of the effective date of Local Law 8 of 2003, the total gross floor area for a multiple dwelling in the C-2 District shall not exceed 54,450 gross square feet per acre (1.25 FAR), adjusted proportionately for lots which are smaller or larger than one acre. This standard shall not apply to any multiple dwelling with respect to which an application for a building permit, conditional permit or permit of compliance was filed, but not issued, prior to November 3, 1999, provided that there has been no substantial or material modification to such application after November 3, 1999; such multiple dwellings shall be governed by the permissible floor area ratio applicable immediately prior to November 3, 1999. Nonconforming buildings, uses and properties which were constructed pursuant to valid permits issued before November 3, 1999, shall be governed in accordance with Article XVII of this chapter. The total gross area of a building shall include all habitable and nonhabitable space, exclusive of any parking structure and space related thereto.

In the C-2 District, the total gross floor area of a hotel, except as otherwise provided herein in § 225-83, shall not exceed 41,000 gross square feet per acre (.94 FAR), adjusted proportionately for lots which are smaller or larger than one acre.

In the C-2 District, the total gross floor area for a specialized senior housing facility shall not exceed 68,607 gross square feet per acre (1.575 FAR), adjusted proportionately for lots which are smaller or larger than one acre, and shall in no event exceed 120,000 gross square feet.

The maximum size of a hotel issued a conditional use permit in terms of number of rooms shall be determined by the Board of Trustees based on its evaluation of relevant factors, including effect on density, governmental services and traffic. The maximum physical size of the rooms in the hotel shall also be subject to approval by the Board of Trustees, except that no conditional use permit shall be issued for a hotel where more than 20% of the rooms are less than 350 square feet.

No conditional use permit shall be issued for a specialized senior housing facility where any residential unit in such facility is less than 390 square feet or where, in the case of double occupancy, any residential unit provides less than 220 square feet per occupant, or where any residential unit is less than 12 feet six inches in width. Additionally, no residential unit in any such facility shall be occupied by more than two persons, regardless of the number of bedrooms in such unit, and no more than 25% of all residential units in such a facility shall have double-occupancy.

The gross floor area standards set forth in this § 225-77 may be further modified by the Board in accordance with the incentive provisions set forth in §§ 225-83.1, 225-83.2 and 225-83.3.

No building in the C-2 District shall exceed 50% of the lot coverage, except as otherwise provided herein in § 225-83 or except in the case of a specialized senior housing facility.

No specialized senior housing facility shall exceed 65% of the lot coverage.

No multiple dwelling may exceed 40 feet in height.

No specialized senior housing facility may exceed 50 feet in height, except as otherwise provided herein in § 225-83.1.

No hotel shall exceed 40 feet in height, except as otherwise provided herein in § 225-83.

No building containing a conditional use other than a hotel specialized senior housing facility may exceed two stories or 25 feet in height.

Front yard. Multiple dwellings and buildings containing a conditional use shall have a minimum front yard which shall be equal to 25% of the average lot depth measured at the side property lines, with a minimum of 30 feet and a maximum of 45 feet.

Rear yard. An apartment building and a building containing a conditional use shall have a rear yard which shall be a minimum of 20 feet.

Side yards. Multiple dwellings and buildings containing a conditional use shall have two side yards each of which shall be a minimum of 20 feet wide.

The following are permitted obstruction in yards:

Balconies.

Bay windows are a permitted obstruction, provided that they do not project more than five feet.

These yard regulations may be modified by the Board of Trustees pursuant to Article XVI, Preservation of Natural Features and Landscaping Requirements.

These yard regulations may be modified by the Board of Trustees in connection with conditional use permits issued to specialized senior housing facilities. However, in no event may any rear, side or front yard of a specialized senior housing facility be less than 10 feet, except where any yard of such facility abuts legal open space, as defined in § 606.3 of the New York State Uniform Fire Prevention and Building Code, or except to the extent encroachments are required for public parking provided in accordance with § 225-83.1.

Front yard. In case of a corner lot, each yard extending along the full length of a street line shall be considered a front yard.

Rear yard. For a corner lot, the rear yard shall be provided on the side of the lot opposite the side used for the building's main entrance.

These yard regulations may be modified by the Board of Trustees pursuant to Article XVI, Preservation of Natural Features and Landscaping Requirements.

These yard regulations may be modified by the Board of Trustees in connection with conditional use permits issued to specialized senior housing facilities. However, in no event may any rear, side or front yard of a specialized senior housing facility be less than 10 feet, except where any yard of such facility abuts legal open space, as defined in § 606.3 of the New York State Uniform Fire Prevention and Building Code, or except to the extent encroachments are required for public parking provided in accordance with § 225-83.1.

Minimum distance shall not be less than 15 feet as measured between any apartment window and:

These minimum distances may be modified by the Board of Trustees in connection with conditional use permits issued to specialized senior housing facilities where encroachments into such minimum distances are required for public parking provided in accordance with § 225-83.1 or except where a specialized senior housing facility abuts legal open space, as defined in § 606.3 of the New York State Uniform Fire Prevention and Building Code.

"Existing building" as used herein means a building which, on or before the effective date of Local Law No. 4 of 1992, had either been issued a certificate of occupancy or had been physically constructed to the extent that its exterior shell had been substantially completed in accordance with the most recent building permit issued for its construction, including any variances issued in connection therewith.

Notwithstanding any other provision in this article, a conditional use permit may be issued by the Board of Trustees authorizing an existing building to be used as a hotel subject to the conditions set forth in this section and to any other conditions which the Board of Trustees finds appropriate to impose in order to protect the public health, safety and welfare. In granting such a conditional use permit, the Board of Trustees may authorize the enlargement of the existing building, up to the limits specified herein, for purposes necessitated by the hotel use.

In addition to those factors enumerated in § 225-134 of Article XVIII, the Board of Trustees shall consider the following factors in deciding whether to grant a conditional use permit under this subsection authorizing an existing building to be used as a hotel:

Any conditional use permit issued by the Board of Trustees under this subsection shall contain at least the following conditions:

Any conditional use permit authorizing the conversion of an existing building to a hotel shall provide the number of off-street parking spaces required in Article XI of this chapter. However, in computing said spaces with respect to an existing building to be converted to a hotel, the Board may, in its sole discretion, and upon such conditions as it may impose, include spaces in an adjacent building or other off-site location specifically approved by the Board if adequate provision has been made to ensure that said spaces will be available for exclusive use by the hotel on a long-term guaranteed basis. When parking spaces in a building adjacent to a hotel are made available for use by the hotel on a long-term guaranteed basis approved by the Board, said spaces may be considered available to both the hotel and the adjacent building for purposes of computing compliance with the off-street parking requirements set forth in Article XI.

The applicant for a conditional use permit for a specialized senior housing facility may apply for increased development rights on the building or lot containing such facility by providing a plan to the Board for the provision of long-term parking spaces for the public in said building or on said lot. Any such plan must provide for the provision to the Village of such parking spaces for at least 99 years, whether by transfer, gift, lease, easement or otherwise. The determination of whether any such plan is feasible, adequate and in a form acceptable to the Village shall rest in the sole and unfettered discretion of the Board of Trustees.

Notwithstanding any other provision of this section, any plan approved by the Board for the provision of public parking must:

If the Board, after public hearing, finds said plan to be feasible and acceptable in terms of providing additional public parking to the Village and finds that said plan shall not result in any expense to the Village, then the floor area ratio applicable to said building or lot shall be increased by 5% above the level set forth in § 225-77 of this Article X for the first 25 public parking spaces made available under the proposed plan. For every five additional public parking spaces above 25 made available by said plan, there shall be an additional 1% increase above the applicable floor area ratio set forth in § 225-77. However, no such increased development rights shall be available to any specialized senior housing facility which has more than one floor of underground space used in whole or in part for parking, whether public or private.

In connection with the grant of increased development rights under this section, the Board of Trustees may impose any additional terms and conditions which it finds necessary and appropriate to effectively secure for the Village the benefit of the public parking for which the increased development rights are granted.

If the Board approves a plan under this section providing for the provision of public parking spaces to the Village, then, in calculating the height of the building containing the specialized senior housing facility, the height of the floor containing the public parking and the supporting structure above it necessitated by the provision of public parking shall be disregarded for purposes of complying with the height requirements set forth in Section 225-78, up to a maximum of 10 feet.

The applicant for a conditional use permit for a specialized senior housing facility may apply for increased development rights on the building or lot containing such facility by providing a feasible and acceptable plan to the Board for the provision of a pedestrian crossing over or across the Long Island Railroad between Knightsbridge Road and South Middle Neck Road. The determination of whether any such plan is feasible, adequate and in a form acceptable to the Village shall rest in the sole and unfettered discretion of the Board of Trustees.

If the Board, after public hearing, finds said plan to be feasible and acceptable and finds that said plan shall not result in any expense to the Village and if no other such crossing has been previously constructed in said area, then the floor area ratio applicable to the building or lot owned by the applicant shall be increased by 5% above the level set forth in § 225-77 of this Article X. This five-percent increase shall be in addition to the percentage increases authorized by § 225-83.1, but both such percentage increases shall be calculated on the base level set forth in § 225-77.

In connection with the grant of increased development rights under this section, the Board of Trustees may impose any additional terms and conditions which it finds necessary and appropriate to effectively secure for the Village the benefit of the pedestrian crossing for which the increased development rights are being granted.