Great Neck Plaza City Zoning Code
ARTICLE VIII
Residence E District
§ 225-51 Applicability.
In the Residence E District, the following regulations shall apply.
§ 225-52 Permitted uses.
§ 225-52.1 Temporary moratorium on certain permitted uses.
[Added 12-1-1999 by L.L. No. 13-1999]
A.
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 RE Zoning District as a multiple dwelling.
[Amended 11-15-2000 by L.L. No. 10-2000; 12-18-2002 by L.L. No. 6-2002; 7-2-2003 by L.L. No. 4-2003; 12-17-2003 by L.L. No. 8-2003]
B.
Notwithstanding the above, nothing contained in this section shall prevent the Board of Trustees from modifying a building permit, permit of compliance or conditional permit relating to the use of a structure, building or premises in the Residence E 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, permit of compliance or conditional permit 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.
C.
Nothing contained in this section shall be deemed to prevent the reconstruction of a building, structure or premises in the Residence E 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 premise 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.
D.
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 applications for a building permit, conditional permit or permit of compliance for a multiple dwelling in the Residence E 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 Residence E District that was filed with the Village prior to November 3, 1999, provided that there has been no substantial or material modification to such application after November 3, 1999.
§ 225-53 Permitted accessory uses.
A building or land in the Residence E District may be used for any accessory use. No accessory use shall be erected within five feet of any side or rear line or nearer than 50 feet from any street line.
§ 225-54 Prohibited uses.
A mixed-use occupancy of any building or parcel of real property, even where such uses are permitted pursuant to § 225-52 of this article, is hereby prohibited.
§ 225-55 Height limitation.
No building may exceed a maximum height of 40 feet. The following are not considered obstructions and may exceed the height limitation:
§ 225-56 Size of buildings.
[Amended 12-17-2003 by L.L. No. 8-2003]
As of the effective date of Local Law 8 of 2003, the total gross floor area of all buildings on a lot shall not exceed 54,450 gross square feet per acre, 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.
§ 225-57 Lot coverage.
All buildings shall occupy no more than 50% of the area of the lot.
§ 225-58 Yard space.
A.
There shall be a minimum front yard of 25 feet.
B.
There shall be a rear yard which shall be a minimum of 20 feet.
C.
There shall be two side yards each of which shall be a minimum of 15 feet wide, except that where appropriate due to the nature of the plot and building and/or the character and design of surrounding uses and buildings, the Board of Trustees by resolution, and upon such terms and conditions as it deems suitable, may permit one side yard to be less than 15 feet wide, provided that the total width of the two side yards is a minimum of 30 feet.
E.
The following are permitted obstructions in yards:
(1)
Driveways.
(2)
A balcony without walls or railings of any kind which may be located only in the rear of the first floor of a building, which balcony may project no more than 10 feet from the building.
(3)
Planting boxes.
(4)
Air-conditioning units projecting not more than six inches into or over such yards.
(5)
Eaves, gutters or downspouts projecting not more than 16 inches into such yards.
(6)
Steps.
(7)
Fences.
(8)
Retaining walls.
F.
G.
Bay windows are a permitted obstruction, provided that they do not project more than five feet.
§ 225-59 Special yard provisions for corner and through lots.
A.
Front yard. In the case of a corner lot or through lot, each yard extending along the full length of a street line shall be considered a front yard.
B.
Rear yard or rear yard equivalent:
§ 225-60 Minimum distance between windows and walls, balconies or lot lines.
§ 225-60.1 Incentive provision for public parking.
[Added 6-2-2004 by L.L. No. 5-2004]
A.
As of July 1, 2004, any person proposing to construct a multiple dwelling within the RE District may submit to the Board a plan to provide public parking on the same parcel of land containing such multiple dwelling.
B.
"Public parking" as used herein shall mean on-grade parking which is made available for use either by residents or merchants of the Village.
C.
A "plan for public parking," as used herein, must:
(1)
Provide a minimum of 30 public parking spaces on-site and on-grade.
(2)
Provide for the availability of the public parking spaces on a long-term basis, i.e., for at least 99 years, whether by transfer, gift, lease, easement or otherwise.
(3)
Provide for the continued availability of the public parking spaces after any transfer of ownership of or control over the property to a successor, assignee or other entity.
(4)
Require the applicant or its successor to pay all costs incurred in connection with the construction and maintenance of such public parking spaces, including planning expenses; construction costs; the cost of equipment such as parking meter posts, lighting and security gates; the cost of routine and long-term maintenance; the cost of necessary security measures; and the cost of liability insurance.
(5)
Provide that such public parking shall be available (not necessarily on an exclusive basis) during specified hours for Village residents and/or merchants under the terms and conditions to be approved by the Village and incorporated into a written agreement between the Village and the applicant, which shall be recorded and which shall run with the land.
(6)
Provide an adequate and satisfactory mechanism for enforcement of parking regulations governing the use of said public parking spaces, which shall be incorporated into the above-referenced written agreement between the Village and the applicant, which shall be recorded and which shall run with the land.
(7)
Provide that, in the event the applicant or its assignee successor becomes insolvent, files for bankruptcy or defaults on any financing obligation, such event shall not adversely affect or impair the Village's right to continue the use of such public parking spaces as provided herein and, if the Village is required to make expenditures in such situation which should have been paid by the applicant or its assignee or successor, that the Village will, after appropriate written notice and cure period given to applicant or its assignee, have a lien on the property for the amount of such expenditures if such expenditures are not reimbursed to the Village.
D.
Subject to the above requirements, the determination of whether any plan for public parking is feasible, adequate and in a form acceptable to the Village shall rest in the sole and unfettered discretion of the Board of Trustees.
E.
If the Board, after public hearing, finds a proposed plan for public parking to be feasible and acceptable in terms of providing additional public parking in the Village and finds that said plan shall not result in any substantial expense to the Village, then, in order to encourage the provision of public parking according to such plan:
(1)
Notwithstanding any other section of the Village Code, any public parking provided in accordance with an approved plan shall be a permitted accessory use of the property.
(2)
Notwithstanding any other section of the Village Code, including § 225-52 of this chapter, any public parking provided in accordance with an approved plan will not constitute a prohibited mixed use of the property.
(3)
The Board may waive the requirements of § 225-84I of this chapter with respect to underground parking, provided the applicant submits to the Village and receives approval from the Village of engineering designs for any proposed underground parking on the property which, based on the written opinion of licensed engineers expert in such area, will provide adequate protection for the underground parking, in terms of longevity; protection from structural deterioration; protection from leakage; and similar construction concerns.
(4)
Notwithstanding any other provision of the Village Code, including § 225-56 of this chapter, the Board may authorize a floor area ratio (FAR) of up to 1.375 (i.e., 59,895 gross square feet per acre adjusted proportionately for lots which are smaller or larger than one acre) on any parcel of land where it approves a proposed plan for on-grade public parking under this section.
(5)
Notwithstanding any other section of the Village Code, including § 225-55 of this chapter, the Board may authorize an increased maximum height for a multiple dwelling on property which contains public parking pursuant to an approved plan, up to a maximum building height of 55 feet, in order to accommodate increased setbacks on the property in accordance with Subsection F below.
F.
Notwithstanding any other section of the Village Code, in order to ameliorate the potential impact on surrounding residences from any on-grade public parking that may be approved under this section, by providing additional light and air on such property, the multiple dwelling to be constructed on such property shall comply with the following setback requirements:
(1)
Each side yard shall be a minimum of 20 feet (as measured 10 feet above the curb grade) on each side of the building where the property is adjoined by a residential structure.
(2)
The rear yard shall be a minimum of 30 feet (as measured 10 feet above the curb grade) where the rear of the property is adjoined by a residential structure.
G.
Notwithstanding any other provision of this Village Code, the Board of Trustees may impose any additional terms and conditions which it finds reasonable, necessary and appropriate to effectively secure for the Village the benefit of the public parking in accordance with the approved plan.