North Hills City Zoning Code
ARTICLE IV
Use Regulations
§ 215-9 Regulations for Residential R-1 District.
A.
No building shall be erected, altered or used nor shall any premises be used for any purpose other than those set forth in this section.
B.
No building permit shall be issued for any use permitted in an R-1 District unless the applicant has first obtained building plan and site plan approval as required by law.
C.
Permitted principal uses shall be limited to the following:
(1)
Residential single-family detached dwellings, not more than one unit per 2.5 acres.
[Amended 11-25-1985 by L.L. No. 10-1985[1]]
[1]
Editor's Note: This local law also provided that it shall take effect on January 1, 1986; provided, however, that any structure shown on a final site plan, or waiver of final site plan, application approved by vote of the Planning Board on or before that date may be erected, provided that the building permit is issued no later than January 1, 1989, even though any said structure would not be permitted pursuant to this law.
(2)
Recreational membership clubs, with the permission of the Board of Trustees.
[Amended 6-28-1995 by L.L. No. 6-1995]
(3)
On sites developed or approved for development before January 1, 1986, residential single-family attached cluster dwellings conforming to total average density not to exceed one unit per gross acre.
[Amended 6-17-1985 by L.L. No. 6-1985]
(4)
Religious uses, subject to the provisions of this chapter and with the permission of the Board of Trustees.
[Amended 12-11-1991 by L.L. No. 8-1991; 6-28-1995 by L.L. No. 6-1995]
(5)
Educational institutions, subject to the provisions of this chapter, with a minimum site area of 10 acres, and with the permission of the Board of Trustees.
[Amended 6-28-1995 by L.L. No. 6-1995]
D.
Membership clubs shall conform to the following requirements:
(1)
Golf club.
(a)
The area of any site shall be of at least sufficient size to permit nine regulation holes, with safe barriers and perimeters, together with such buffers as may be required by the Planning Board.
(b)
Membership shall not exceed 350 members, and the residents of the site, other than employees, shall have deed rights to membership.
(c)
All playing areas of the golf course shall be set back at least 50 feet from every property line.
(d)
Exterior lighting shall be so hooded or shielded as to reflect the light away from the streets or abutting properties.
(e)
Eating and drinking facilities shall be for the exclusive use of members and their guests.
(f)
One on-site parking space shall be provided for every eight members.
(g)
Except as provided in this chapter, no dwelling unit shall be occupied by anyone other than a club employee or resident of the site having deed rights to membership.
(2)
Other clubs.
(a)
The area of any site shall be at least 20 acres.
(b)
Membership shall not exceed 350 members, and the residents of the site, other than employees, shall have deed rights to membership.
(c)
All playing areas shall be set back at least 100 feet from every property line.
(d)
One on-site parking space shall be provided for every five members.
(3)
Accessory uses for a noncommercial membership club shall be limited to golf courses, swimming pools, tennis and paddle tennis courts, pool house, changing rooms and similar facilities.
E.
Residential detached dwelling units shall conform to the following regulations:
[Amended 5-25-1983 by L.L. No. 9-1983; 6-22-1983 by L.L. No. 12-1983; 11-25-1985 by L.L. No. 10-1985[3]]
(1)
The minimum lot area shall be 108,900 square feet.
(2)
The minimum lot width shall be 200 feet.
(3)
The minimum street frontage shall be 80 feet.
(4)
The minimum front yard setback shall be 75 feet, except that the Planning Board may, at the time of the approval of the site plan, permit a minimum front yard setback of no less than 70 feet if the average of all front yard setbacks on the site is no less than 75 feet and the maximum front yard setback on the site is no more than 20 feet greater than the minimum front yard setback on the site.
(5)
The minimum side yard setback shall be 50 feet.
(6)
The minimum rear yard setback shall be 100 feet.
(7)
No building shall exceed 2 1/2 stories or 30 feet in height in the case of a flat roof or 35 feet in height in the case of any other roof..
[Amended 11-15-2006 by L.L. No. 3-2006]
(8)
The minimum floor area shall be 1,500 square feet.
(9)
The maximum building coverage shall be 10%.
(10)
Each dwelling unit shall have at least three on-site parking spaces, at least two of which shall be enclosed.
(11)
No structure or accessory use may be located in a front yard.
(12)
Accessory uses shall be limited to those uses permitted by § 215-25 of this Code. All accessory uses shall require a permit from the Board of Zoning Appeals, except that the Planning Board may grant a permit for an accessory use (other than a sign or home occupation) shown on a subdivision or site plan approved by the Planning Board.
[3]
Editor's Note: This local law also provided that it shall take effect on January 1, 1986; provided, however, that any structure shown on a final site plan, or waiver of final site plan, application approved by vote of the Planning Board on or before that date may be erected, provided that the building permit is issued no later than January 1, 1989, even though any said structure would not be permitted pursuant to this law.
F.
Residential attached cluster dwelling units shall conform to the following regulations:
(1)
The maximum density shall be one dwelling unit per gross acre.
(2)
The minimum area shall be 100 acres.
(3)
The maximum allowable building coverage shall be 20% of the total site.
(4)
The maximum building height shall be 30 feet.
(5)
The minimum floor area per dwelling unit shall be 875 square feet.
(6)
All structures shall be set back from all boundary lines a distance not less than four times the height of such structure.
(7)
There shall be at least three on-site parking spaces per dwelling unit, excluding common or club parking, and at least two of such parking spaces shall be enclosed.
(8)
No structures or accessory uses shall be permitted in the front yard.
(9)
Deed restrictions, in a form approved by the Village Attorney, shall be recorded as to all open space, including the golf course, to require such space to remain open space and not to be further subdivided.
(10)
Accessory uses shall be limited to those permitted for noncommercial membership clubs or for single-family detached dwellings.
(11)
Existing structures may be incorporated into the overall design.
(12)
Every dwelling unit shall have pedestrian access to a street, court, walkway or equivalent, designed for public use.
(13)
At least 50% of the total area of the site shall be open space.
(14)
No building shall contain more than four dwelling units.
(15)
The front yard setback of each building shall be not less than 30 feet from the interior road on which the lot fronts.
(16)
The minimum distance between buildings shall be 40 feet.
§ 215-10 Regulations for R-GP Groundwater Protection Overlay District.
[Added 5-15-1996 by L.L. No. 6-1996; amended 6-26-1996 by L.L. No. 9-1996]
A.
The following regulations shall be applicable in the R-GP Groundwater Protection Overlay District, which shall consist of all real property located in the R-1 District of the Village of North Hills north of the Long Island Expressway. The regulations set forth in this section shall be in addition to any other regulations otherwise applicable to the development or use of such real property. No use or development of property in the R-GP Groundwater Protection Overlay District shall be permitted unless such use or development conforms to the regulations and requirements otherwise applicable in the R-1 District and the regulations and requirements provided in this section.
B.
No building permit shall be issued for any use permitted in an R-GP District unless the applicant has first obtained all approvals as required by law.
C.
Residential uses in the R-GP Groundwater Protection Overlay District shall be limited to residential single-family attached or detached dwellings, with total average density not more than one unit per five acres.
D.
Residential detached dwelling units shall conform to the following regulations:
(1)
The minimum lot area shall be 217,800 square feet.
(2)
The minimum lot width shall be 300 feet.
(3)
The minimum street frontage of each lot shall be 150 feet.
(4)
The minimum front yard setback shall be 150 feet.
(5)
The minimum individual side yard setback shall be 50 feet and the aggregate side yard setback shall be at least 125 feet.
(6)
The minimum rear yard setback shall be 150 feet.
(7)
No building shall exceed 2 1/2 stories or 35 feet in height.
(8)
The minimum floor area shall be 2,000 square feet.
(9)
The maximum building coverage shall be 5%.
E.
Residential attached dwelling units shall conform to the following:
(1)
The maximum density shall be one dwelling unit per five gross acres, and the minimum area of any one lot shall be 50,000 square feet.
(2)
The minimum area of the site shall be 50 acres.
(3)
The maximum allowable building coverage shall be 5% of the total site.
(4)
No building shall exceed 2 1/2 stories or 35 feet in height.
(5)
The minimum floor area per dwelling unit shall be 1,500 square feet.
(6)
All structures shall be set back from all boundary lines a minimum of six times the height of such structures.
(7)
At least 60% of the total area of the site shall be open space.
§ 215-11 Regulations for Residential R-3 District.
A.
No building shall be erected, altered or used and no premises shall be used for any purpose other than those set forth in this section.
B.
No building permit shall be used for uses permitted in the R-3 District unless the applicant shall first have obtained building and site plan approval as required by law.
C.
Permitted principal uses shall be limited to the following:
(1)
Residential single-family detached dwellings on plots of no less than 20,000 square feet.
[Amended 11-25-1985 by L.L. No. 10-1985[1]]
[1]
Editor's Note: This local law also provided that it shall take effect on January 1, 1986; provided, however, that any structure shown on a final site plan, or waiver of final site plan, application approved by vote of the Planning Board on or before that date may be erected, provided that the building permit is issued no later than January 1, 1989, even though any said structure would not be permitted pursuant to this law.
(2)
Religious uses, subject to the provisions of this chapter and with the permission of the Board of Trustees.
[Amended 6-28-1995 by L.L. No. 6-1995]
(3)
On sites developed or approved for development before January 1, 1990, residential single-family attached or detached cluster dwellings, with total average density not to exceed two units per acre.
[Amended 2-11-1981 by L.L. No. 3-1981; 6-17-1985 by L.L. No. 6-1985; 3-28-1990 by L.L. No. 2-1990]
(4)
Noncommercial membership clubs, subject to the requirements applicable in an R-1 District and with the permission of the Board of Trustees.
[Amended 6-28-1995 by L.L. No. 6-1995]
D.
Residential detached dwelling units shall conform to the following regulations:
(1)
The minimum lot area shall be 20,000 square feet.
(2)
The minimum lot width shall be 115 feet.
(3)
The minimum street frontage shall be 50 feet.
(4)
The minimum front yard setback shall be 50 feet, except that the Planning Board may, at the time of approval of a site plan, permit a minimum front yard setback of no less than 45 feet if the average of all front yard setbacks on the site is no less than 50 feet and the maximum front yard setback on the site is no more than 20 feet greater than the minimum front yard setback on the site.
(5)
The side yard setbacks shall total at least 50 feet, and the minimum side yard setback shall be 20 feet where the principal dwelling is a one- or one-and-one-half-story structure; the side yard setback shall total at least 60 feet, and the minimum side yard setback shall be 25 feet where the principal dwelling is a two- or two-and-one-half-story structure.
(6)
The minimum rear yard setback shall be 50 feet.
(7)
No building shall exceed 2 1/2 stories or 30 feet in height in the case of a flat roof or 35 feet in height in the case of any other roof.
[Amended 11-15-2006 by L.L. No. 3-2006]
(8)
The minimum floor area shall be 1,500 square feet.
(9)
The maximum building coverage shall be 20% where the principal dwelling is a one- or one-and-one-half-story structure and 15% where the principal dwelling is a two- or two-and-one-half-story structure.
(10)
Each dwelling unit shall have at least three on-site parking spaces, at least two of which shall be enclosed.
(11)
No structure or accessory use may be located in a front yard.
(12)
Accessory uses shall be limited to those uses permitted by § 215-25 of this Code. All accessory uses shall require a permit from the Board of Zoning Appeals, except that the Planning Board may grant a permit for an accessory use (other than a sign or home occupation) shown on a subdivision or site plan approved by the Planning Board.
[3]
Editor's Note: This local law also provided that it shall take effect on January 1, 1986; provided, however, that any structure shown on a final site plan, or waiver of final site plan, application approved by vote of the Planning Board on or before that date may be erected, provided that the building permit is issued no later than January 1, 1989, even though any said structure would not be permitted pursuant to this law.
E.
Residential cluster dwelling units shall conform to the following regulations:
(1)
The area of any site shall be at least eight acres, to preserve open space, to facilitate the adequate and economical provision of streets and utilities and to encourage high quality and creativity in the design and construction of such development.
(2)
Existing structures may be incorporated into the overall design.
(3)
Every dwelling unit shall have pedestrian access to a street, court, walkway or equivalent, for public use.
(4)
At least 40% of the total area of the site shall be open space.
(5)
No building shall contain more than three dwelling units, except that the Planning Board may permit buildings to contain four units where a site plan is being approved pursuant to applicable law.
(6)
The minimum floor area per unit shall be 875 square feet.
(7)
The front yard setback of each building from the road shall be at least 30 feet.
(8)
The maximum height of each building shall be 2 1/2 stories or 30 feet.
(9)
The maximum building coverage shall be 20% of the site.
(10)
The minimum distance between buildings shall be 40 feet.
(11)
At least three off-street parking spaces shall be provided per dwelling unit, of which at least two shall be enclosed.
(12)
No structures or accessory uses shall be permitted in the front yard.
(13)
Accessory uses shall be limited to those permitted in an R-1 District.
(14)
Deed restrictions, in a form approved by the Village Attorney, shall be recorded as to all open space and amenities to require such open space and amenities to remain open space and not be further subdivided.
§ 215-12 Incentives and bonuses in the R-3 District.
[Added 8-9-1994 by L.L. No. 2-1994]
A.
Findings. Pursuant to the authority vested in it by Village Law § 7-703, and utilizing the definitions of terms contained in that law (which definitions are incorporated herein by reference) and after evaluation of the effects of potential incentives which are possible by virtue of the provision of community amenities, the Board of Trustees of the Village of North Hills hereby finds that the R-3 District contains adequate resources, environmental quality and public facilities (including adequate transportation, water supply, waste disposal and fire protection) to permit the authorization of the incentives or bonuses hereinafter specified for property located in said zoning district. The Board of Trustees hereby further finds that there will be no significant environmentally damaging consequences if incentives or bonuses are awarded as provided herein and that such incentives or bonuses are compatible with the development otherwise permitted in the R-3 District. The Board of Trustees further finds that the provision of the system of zoning incentives or bonuses provided for in this section will not have any impact upon the potential development of affordable housing gained by the provision of any such incentive or bonus afforded to an applicant or lost in the provision to the Village by an applicant of any community amenity.
B.
Designation of district. The Board of Trustees hereby designates the R-3 District as the zoning district in which incentives or bonuses may be awarded, as provided in this section.
C.
Procedure for applications for award of incentives or bonuses.
(1)
Applications for award of incentives or bonuses shall be made to the Board of Trustees in writing, on a form designated by the Village, on or before January 1, 1997. Such applications shall contain, at a minimum:
[Amended 5-15-1996 by L.L. No. 7-1996]
(a)
A statement of the name, address and telephone number of the owner and the applicant.
(b)
The street address and tax map designation of the property which is the subject of the application.
(c)
An identification of the zoning district of the subject property.
(d)
A statement as to the existing and proposed uses of the subject property.
(e)
A statement identifying each of the incentives and bonuses which are being requested by the applicant pursuant to this section.
(f)
A map of the subject property, drawn to scale, showing the existing and proposed lots and rights-of-way and any other proposed changes from the previously approved subdivision or site plans.
(g)
Any other documentation which may be required by law.
(2)
Each applicant for an incentive or bonus shall comply with the requirements of Article 8 of the Environmental Conservation Law, including the preparation of an environmental assessment form or, if required by the Board of Trustees, a draft environmental impact statement and/or a supplemental and/or final environmental impact statement, if necessary. In the event that the lead agency has prepared or caused to be prepared a generic environmental impact statement (GEIS) in connection with the adoption of this section, the lead agency may require that the applicant pay a proportionate share of the cost of preparing such GEIS pursuant to applicable provisions of the regulations enacted pursuant to Article 8 of the Environmental Conservation Law.
D.
Permitted incentives or bonuses. After a public hearing as required by law, the Board of Trustees, in a proper case, may grant one or more of the following incentives or bonuses, notwithstanding any other provision of this chapter to the contrary:
(1)
An increase in the permitted building coverage of a site to not more than 18% of the entire site (which coverage shall be exclusive of swimming pools, decks, patios, tennis courts, gazebos, whirlpools, hot tubs, reflective pools, children's play equipment, children's sandboxes, paddle tennis courts and trellises).
(2)
Fences with a height not to exceed six feet may be constructed in the rear and side yards, and fences and decorative garden walls with a height not to exceed four feet may be constructed in the front yards, of lots designated on the approved plan, with a building permit from the Building Department, and no other permit shall be required notwithstanding the provisions of Village Code § 215-33. Except as otherwise provided in this subsection, such fences shall comply with the requirements of Village Code § 215-33A(1).
(3)
Wherever the approved subdivision plan indicates the location of proposed semi-attached homes, detached homes may be constructed notwithstanding the minimum requirements for distances between buildings, provided that the detached homes are each located within the indicated building lots.
(4)
Notwithstanding any other provision in this Code, the open space areas of the site may include tennis courts, kiddy pools, hot tubs, lap pools, gazebos, reflective ponds, children's play equipment, children's sandboxes, paddle tennis courts, trellises and other structures accessory to principal structures, provided that the location of all such uses and structures shall be approved as part of the approval for a building permit for such structures, and further provided that the total amount of open space on the site may not be less than 30%.
E.
Community benefits or amenities which may be accepted from the applicant by the Village.
(1)
The community benefits or amenities which the Board of Trustees may determine shall be provided by any such applicant upon the granting of any such application for an award of incentives or bonuses and which the Village may accept from an applicant are land, buildings or improvements, alterations or renovations to land or buildings, to provide open space or parks, elder care or day care, public community centers or recreation centers, including such centers specifically designed for the young or the elderly, educational or library facilities, swimming pools and other recreational facilities and such other specific physical or cultural amenities as the Board of Trustees may determine to be of benefit to the residents of the community.
(2)
Where the Board of Trustees determines that a suitable community amenity or benefit is not immediately feasible or otherwise not practical, the Board of Trustees may require, in lieu thereof, in whole or in part, a payment to the Village of a sum of money, at a time or times to be determined by the Board of Trustees. Where the Board of Trustees determines that such sum should be accepted in lieu of other community benefit or amenity, such sum shall be maintained by the Village in a trust fund to be used by the Board of Trustees exclusively for one or more specific community benefits as are or may be authorized by the Board of Trustees.
F.
Additional community benefits or amenities which the Village may accept from the applicant. (Reserved)
G.
Criteria for approval.
(1)
The granting of an application for incentives or bonuses shall be in the sole discretion of the Board of Trustees. Where the Board of Trustees determines to approve such an application, the Board may do so in whole or in part and upon reasonable terms and conditions as may be determined by the Board of Trustees.
(2)
No such application shall be granted, in whole or in part, except where the entire site of the project where such award is to be made consists of at least 50 contiguous acres.
(3)
No such application may be granted, in whole or in part, except upon a determination by said Board that such approval will be:
(a)
In the best interests of the Village of North Hills and its residents.
(b)
Compatible with the surrounding uses of properties.
(c)
Such that there will be no significant adverse environmental impacts which will result from the use of the incentives or bonuses.
(d)
Such that there will be no gain or loss resulting therefrom upon potential affordable housing or, if there will be such gain or loss, that there is approximate equivalence between potential affordable housing lost or gained or that the Village has taken or will take reasonable action to compensate for any negative impact upon the availability or potential development of affordable housing.
(e)
Upon such terms and conditions as may be prescribed by the Board of Trustees, including such conditions as, in the sole judgment of said Board, will fully mitigate any adverse environmental impacts which may result from the use of the incentives or bonuses.
(f)
Upon such terms and conditions as may be prescribed by the Board of Trustees to ensure, in the opinion of said Board, that the community benefits and amenities to be provided in exchange for such incentives or bonuses have a value fairly proportionate to the value of the incentives or bonuses being granted by the Board of Trustees.
(4)
The determination by the Board of Trustees whether to grant bonuses or incentives shall be final and conclusive.
H.
Changes. If, after the provision and acceptance by the Village of the community benefits or amenities to be provided by the applicant pursuant to an application approved under this section or after the payment of sums of money in lieu of such community benefits and amenities, any action is commenced by any person other than the applicant, or a person or entity acting for or on behalf of the applicant, and as a result of the final determination of said action the applicant is required to forego, withhold or forfeit some or all of the rights granted by such incentives or bonuses, then the Village shall make restitution to the applicant for the community benefits or amenities provided or money paid in lieu thereof. Such restitution shall be in proportion to the value of the incentives or bonuses of which the applicant is deprived by reason of such final determination.
I.
Where an incentive zoning approval has been granted pursuant to this section, the Code Enforcement Officer may, in his discretion, permit the owner of the property to locate authorized accessory buildings or structures, including swimming pools, whirlpools, decks, patios, gazebos, kiddy pools, hot tubs and lap pools, on any lot, except in any front yard.
[Added 9-23-1998 by L.L. No. 3-1998]
§ 215-13 Residential R-3 incentive development.
[Added 7-25-2001 by L.L. No. 2-2001]
A.
In the R-3 District, the Board of Trustees may, in its sole discretion, and after a public hearing held as provided in this section, permit a lot or premises to be developed and used for R-3 incentive development, as an incentive use pursuant to Village Law § 7-703, and for no other use except as otherwise provided herein, if the said use is located on a lot having a total area not less than 18 acres.
B.
Nothing contained herein shall be construed to give any right or presumption of right to an incentive use permit to any applicant.
C.
No incentive use permit shall be issued pursuant to this section unless the Board of Trustees has made a determination that such a permit is authorized and warranted under the standards set forth herein. Such incentive use permit shall not be considered a special use permit, nor a conditional use permit, for the purposes of determining the standards to be applied in judicial review of any determination to deny or grant such a permit, and shall instead be solely within the discretion of the Board of Trustees.
D.
Applications.
(1)
An applicant for an incentive use permit for an R-3 incentive development permitted by this section shall provide to the Board such information as would be required of an applicant for a change of zone.
(2)
An application for an incentive use permit pursuant to this section shall be made no later than September 1, 2001. An application for such permit made prior to the effective date of this section may be considered by the Board of Trustees in the same manner as such an application made on or after such effective date. An application for such permit made prior to September 1, 2001, may be amended after that date, but only with respect to the same property which was the subject of the initial application.
E.
Buildings and land in the R-3 District used for an R-3 incentive development use shall conform to all requirements for the R-3 District, and also may be used for one or more accessory uses authorized by this Code for such zoning district. Notwithstanding the foregoing, at the time of granting an R-3 incentive development, the Board of Trustees, as a condition of such permit, may:
(1)
Allow development of such property for single-family attached residences in accordance with the provisions applicable in the R-7 District.
(2)
Require the owner of the property, on its own behalf and on behalf of its successors and assigns, to waive and relinquish any right to seek or obtain any variance of the zoning regulations or conditions applicable to such property.
F.
Further authority of the Board of Trustees. At the time of approval of an incentive use permit, or within four years after the approval of an incentive use permit pursuant to this section, and upon the written application of the property owner or the authorized agent of such owner, the Board of Trustees may also exercise the following powers and authority with respect to any property which is the subject of such incentive use permit:
[Amended 9-29-2004 by L.L. No. 2-2004]
(1)
To remove, cancel, modify or amend, or consent to the removal, cancellation, modification or amendment of, any existing easements, covenants and restrictions, or prior approvals or conditions of prior approvals of development on the site, provided that such removal, cancellation, modification or amendment shall not authorize any development, building, structure or use except that which is authorized pursuant to the zoning regulations of the Village, including any use or development authorized pursuant to an incentive zoning permit pursuant to this section. To the extent that any such prior approval may have vested the authority to grant any such removal, cancellation, modification or amendment in the Planning Board, such power and authority also shall be vested in the Board of Trustees.
(2)
To modify or amend any subdivision or site plan approval granted with respect to such property, either prior to the approval of an incentive use permit or subsequent thereto.
(3)
To exercise with respect to any property which is the subject of an incentive use permit granted pursuant to this section, and any buildings or structures located or proposed to be located thereon, all of the powers otherwise vested in the Planning Board or the Architectural Review Board or either of them.
(4)
To grant such subdivision, site plan or architectural review approvals as may otherwise be vested within the authority of the Planning Board or Architectural Review Board, including waivers as may be within the authority of either such Board.
(5)
To grant such variances of the zoning regulations otherwise applicable with respect to locations of buildings on sites, as may be granted by the Board of Appeals.
G.
Provisions for public amenities.
(1)
An applicant for an incentive permit for an R-3 incentive development may apply for such permit by providing to the Board, in addition to any other plans for the development of property for which such permit is proposed, a proposal for the provision of public amenities, including facilities for public use, and whether by transfer, gift, lease, easement or otherwise, to the extent that the same may be acceptable to the Board of Trustees, and feasible and adequate. The determination whether any such plan is acceptable, feasible, adequate or in a form acceptable to the Village shall rest in the sole and unfettered discretion of the Board of Trustees.
(2)
If the Board of Trustees, after public hearing, finds said plan to be feasible and acceptable and finds that said plan shall not result in any additional or excessive expense to the Village, then the Board of Trustees may grant incentives in the form of permission for an incentive use authorized by this section.
(3)
In connection with the grant of incentive 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 one or more community amenities, or cash in lieu thereof.
H.
Public hearing. No incentive use permit shall be granted pursuant to this section except after a public hearing before the Board of Trustees. The said public hearing shall be held and conducted in the same manner as if it were a public hearing on an application to the Board of Trustees for a change of zone.
§ 215-14 Incentive development in the R-3 District (2004).
[Added 5-19-2004 by L.L. No. 1-2004; amended 7-20-2005 by L.L. No. 4-2005; 12-19-2012 by L.L. No. 2-2012]
A.
In the R-3 District, the Board of Trustees may, in its sole discretion, and after a public hearing held as provided in this section, allow one or more buildings to be erected, altered or used and a lot or premises to be developed and used for enhanced development, as an incentive use, and for no other use except as otherwise provided herein, if said use is located on a lot having a total area not less than 10 acres, with at least 500 feet of frontage on a state or county road. The Board of Trustees also may, in its sole discretion and after a public hearing, permit amendment of any incentive zoning development permit previously issued pursuant to this section, to grant any additional or different approvals for a development which are authorized pursuant to this section but which are not included in the previously granted approval.
B.
Nothing contained herein shall be construed to give any right or presumption of right to an incentive use permit or amendment to any applicant. Such incentive use permit shall not be issued or amended unless the Board of Trustees has made a determination that such a permit is authorized and warranted under the standards set forth herein. Such incentive use permit shall not be considered a special use permit or a conditional use permit for the purposes of determining the standards to be applied in judicial review of any determination to deny or grant such a permit and shall instead be solely within the discretion of the Board of Trustees.
(1)
An applicant for an incentive use permit for development permitted by this section or for an amendment of any such incentive use permit shall provide to the Board such information as would be required of an applicant for a change of zone.
(2)
An application for an incentive use permit pursuant to this section shall be made no later than July 1, 2004. An application for such permit made prior to that date may be amended after that date, but only with respect to the same property which was the subject of the initial application. An application for amendment of an incentive use permit previously issued pursuant to this section shall be made at any time after approval of a permit or amended permit.
C.
Buildings and land in the R-3 District used for an incentive development pursuant to this section shall conform to all requirements for the R-3 District or as permitted pursuant to this section, and also may be used for one or more accessory uses authorized by this Code for such zoning district. Notwithstanding the foregoing, in approving an incentive development permit pursuant to this law, or in approving an amendment to a previously approved incentive development permit issued pursuant to this section, the Board of Trustees, as a condition of such approval, may:
(1)
Allow the minimum site area to be reduced to not less than 10 acres and permit subdivision of the property into lots, plots, blocks, sites and/or units.
(2)
Allow the minimum open space on the site to be reduced to not less than 40%.
(3)
Establish the maximum permitted density at not more than 15 units per acre.
(4)
Allow the use of such property for the principal use of residential single-family attached or detached cluster dwellings, with total average density not to exceed 15 units per acre, and with total number of units permitted in any one building not to exceed 30 units; provided, however, that so long as an amendment does not increase the previously authorized total number of units, a previously approved plan may be amended to permit an allocation of units such that no more than 32 units are located in any individual building.
(5)
Require a minimum floor area per unit not less than 1,500 square feet.
(6)
Require a minimum front setback from the inside curb of any road, other than a state road, of not less than 15 feet and, in the case of a state road, a minimum setback of not less than 100 feet.
(7)
Establish maximum building coverage at not more than 30%.
(8)
Permit a minimum distance between buildings of not less than 30 feet.
(9)
Establish the minimum number of parking spaces to be provided at not less than two per dwelling unit. All parking spaces in the project shall be underground or fully enclosed within a principal residential building (except for necessary ingress and egress points). With the permission of the Board of Trustees, and subject to conditions determined by the Board of Trustees, outdoor short-term convenience parking spaces may be provided.
(10)
Require minimum width of private street rights-of-way within the site of not less than 32 feet and paved portions not less than 20 feet curb to curb.
(11)
Allow sidewalks with minimum width not less than five feet.
(12)
Waive any requirement for payment to the park and recreation fund.
(13)
Permit storage of topsoil off site.
(14)
Permit a building height not to exceed four residential stories and 60 feet in overall height. No part of any residential unit shall exceed the sixty-foot height limitation, whether or not such part is intended for occupancy and whether or not such part consists of open space.
(15)
Grant such area variances and permits as may be granted by the Board of Appeals.
D.
Provisions for public amenities.
(1)
An applicant for an incentive permit or amendment of a permit previously approved pursuant to this section may apply for such permit or amendment by providing a plan to the Board for the provision of public amenities, including facilities for public use, and whether by transfer, gift, lease, easement or otherwise, to the extent that the same may be acceptable to the Board of Trustees, and feasible and adequate. The determination whether any such plan is acceptable, feasible, adequate, or in a form acceptable to the Village shall rest in the sole and unfettered discretion of the Board of Trustees.
(2)
If the Board of Trustees, after public hearing, finds said plan to be feasible and acceptable and finds that said plan shall not result in any additional or excessive expense to the Village, then the Board of Trustees may grant incentives in the form of permission for an incentive use authorized by this section or amendment of a prior such approval.
(3)
In connection with the grant of incentive rights under this section or amendment of a prior grant of such rights, 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 one or more community amenities, or cash in lieu thereof.
E.
Public hearing. No incentive use permit or amendment to a previously approved incentive zoning permit shall be granted pursuant to this section except after a public hearing before the Board of Trustees. Said public hearing shall be held and conducted in the same manner as if it were a public hearing on an application to the Board of Appeals for a change of zone.
F.
Requirement for Planning Board approval. An incentive use permit application, or an amendment of a previously approved application, for development pursuant to this section may include a subdivision plan, or amendment to a previously approved subdivision plan, in accordance with the requirements of Chapter 179 of this Code. In such event, the requirements of Chapter 179 for sketch plan and preliminary plat approval may be waived by the Board of Trustees. In approving such an application for an incentive use permit or amendment of a prior such permit, the Board of Trustees shall have the powers of the Planning Board with respect to final plan approval, and amendment of final plan approval, and all other related matters with respect to the uses and development shown on said plan(s). In addition, with respect to the incentive development of property pursuant to this section, and until such time as a certificate of occupancy has been issued for all buildings and structures shown in the plan approved as part of the incentive zoning permit, the Board of Trustees shall have the powers of the Architectural Review Board with respect to any such buildings or structures.
§ 215-15 Regulations for Residential R-5 District.
A.
No building shall be erected, altered or used for any purpose other than those set forth in this section.
B.
No building permit shall be issued for uses permitted in the R-5 District unless the applicant shall have first obtained building and site plan approval as required by law.
C.
Permitted principal uses shall be limited to the following:
(1)
Residential single-family detached dwellings or lots of not less than 15,000 square feet.
[Amended 11-25-1985 by L.L. No. 10-1985[1]]
[1]
Editor's Note: This local law also provided that it shall take effect on January 1, 1986; provided, however, that any structure shown on a final site plan, or waiver of final site plan, application approved by vote of the Planning Board on or before that date may be erected, provided that the building permit is issued no later than January 1, 1989, even though any said structure would not be permitted pursuant to this law.
(2)
Noncommercial membership clubs, subject to the requirements of an R-1 District and with the permission of the Board of Trustees.
[Amended 6-28-1995 by L.L. No. 6-1995]
(3)
Governmental facilities.
(4)
Religious uses, subject to the provisions of this chapter and with the permission of the Board of Trustees.
[Amended 6-28-1995 by L.L. No. 6-1995][2]
(5)
Educational institutions, subject to the provisions of this chapter, with a minimum site area of 10 acres, and with the permission of the Board of Trustees.
[Added 6-25-1986 by L.L. No. 5-1986; amended 6-28-1995 by L.L. No. 6-1995]
D.
Residential detached dwelling units shall conform to the following regulations:
(1)
The minimum lot area shall be 15,000 square feet.
(2)
The minimum lot width shall be 100 feet.
(3)
The minimum street frontage shall be 45 feet.
(4)
The minimum front yard setback shall be 35 feet, except that the Planning Board may, at the time of approval of a site plan, permit a minimum front yard setback of no less than 30 feet if the average of all front yard setbacks on the site is no less than 35 feet and the maximum front yard setback on the site is no more than 20 feet greater than the minimum front yard setback on the site.
(5)
The minimum side yard setback shall be 20 feet where the principal dwelling is a one- or one-and-one-half-story structure and 25 feet where the principal dwelling is a two- or two-and-one-half-story structure.
(6)
The minimum rear yard setback shall be 40 feet.
(7)
No building shall exceed 2 1/2 stories or 30 feet in height in the case of a flat roof or 35 feet in height in the case of any other roof.
[Amended 11-15-2006 by L.L. No. 3-2006]
(8)
The minimum floor area shall be 1,500 square feet.
(9)
The maximum building coverage shall be 20% where the principal dwelling is a one- or one-and-one-half-story structure and 15% where the principal dwelling is a two- or two-and-one-half-story structure.
(10)
Each dwelling unit shall have at least three on-site parking spaces, at least two of which shall be enclosed.
(11)
No structure or accessory use may be located in a front yard.
(12)
Accessory uses shall be limited to those permitted in an R-1 District.
[3]
Editor's Note: This local law also provided that it shall take effect on January 1, 1986; provided, however, that any structure shown on a final site plan, or waiver of final site plan, application approved by vote of the Planning Board on or before that date may be erected, provided that the building permit is issued no later than January 1, 1989, even though any said structure would not be permitted pursuant to this law.
§ 215-16 Regulations for Residential R-7 District.
A.
No building shall be erected, altered or used nor shall any premises be used for any purpose other than those set forth in this section.
B.
No building permit shall be issued for any use permitted in an R-7 District unless the applicant has first obtained building plan and site plan approval as required by law.
C.
Permitted principal uses shall be limited to the following:
(1)
Noncommercial membership clubs, subject to the requirements applicable in an R-1 District and with the permission of the Board of Trustees.
[Amended 6-28-1995 by L.L. No. 6-1995]
(2)
Residential attached cluster dwelling units conforming to a total average density of no more than seven units per acre.
D.
Residential cluster dwelling units shall conform to the following regulations:
(1)
Existing structures may be incorporated into the overall design.
(2)
The minimum area of the site shall be 10 acres.
(3)
Every dwelling unit shall have pedestrian access to a street, court, walkway or equivalent, designed for public use.
(4)
At least 40% of the total area of the lot shall be open space.
(5)
No building may contain more than seven dwelling units, except that the Planning Board may permit buildings to contain eight units where a site plan is being approved pursuant to applicable law.
(6)
The minimum floor area of each unit shall be 875 square feet.
(7)
The front yard setback of each building shall be at least 25 feet.
(8)
The maximum height of each building shall be 2 1/2 stories or 30 feet.
(9)
The maximum building coverage shall be 25% of the site.
(10)
The minimum distance between buildings shall be 30 feet.
(11)
Off-street parking shall be at least three spaces per dwelling unit, of which at least two shall be enclosed.
(12)
No structures or accessory use shall be located in a front yard.
(13)
Accessory uses shall be limited to those uses permitted in an R-1 District.
(14)
Deed restrictions, in a form approved by the Village Attorney, shall be recorded as to all open space and amenities to require such spaces to remain open space and not to be further subdivided.
§ 215-17 Regulations for Residential R-7A District.
[Added 11-17-1993 by L.L. No. 12-1993]
A.
No building shall be erected, altered or used nor shall any premises be used for any purpose other than those set forth in this section.
B.
No building permit shall be issued for any use permitted in an R-7A District unless the applicant has first obtained building permit and subdivision or site plan approval as required by law.
C.
Permitted principal uses shall be limited to the following:
(1)
Noncommercial membership clubs, subject to the requirements applicable in an R-1 District and with the permission of the Board of Trustees.
[Amended 6-28-1995 by L.L. No. 6-1995]
(3)
Religious uses, subject to the provisions of this chapter and with the permission of the Board of Trustees.
[Amended 6-28-1995 by L.L. No. 6-1995]
(4)
Educational institutions, subject to the provisions of this chapter, with a minimum site area of eight acres, and with the permission of the Board of Trustees.
[Amended 6-28-1995 by L.L. No. 6-1995]
(5)
Government facilities.
D.
Residential cluster dwelling units shall conform to the following regulations:
(1)
Existing structures may be incorporated into the overall design.
(2)
The minimum area of the site shall be at least eight acres.
(3)
Every dwelling unit shall have pedestrian access to a street, court, walkway or equivalent, designed for public use.
(4)
At least 30% of the total area of the site shall be open space.
(5)
No building may contain more than seven dwelling units, except that the Planning Board may permit buildings to contain eight units where a subdivision or site plan is being approved pursuant to applicable law.
(6)
The minimum floor area of each unit shall be 875 square feet.
(7)
The front yard setback of each building shall be at least 25 feet.
(8)
The maximum height of each building shall be 2 1/2 stories or 30 feet.
(9)
The maximum building coverage shall be 25% of the site.
(10)
The minimum distance between buildings shall be 30 feet.
(11)
Off-street parking shall be at least three spaces per dwelling unit, of which at least two spaces shall be enclosed.
(12)
No structures or accessory uses shall be located in a front yard.
(13)
Accessory uses shall be limited to those permitted in an R-1 District.
(14)
Deed restrictions, in a form approved by the Village Attorney, shall be recorded as to all open spaces and amenities to require such spaces to remain open space and not be further subdivided.
§ 215-18 Regulations for Residential R-NH District.
[Added 3-26-1997 by L.L. No. 5-1997]
A.
No building shall be erected, altered or used, nor any premises used, for any principal or accessory use other than those permitted by this section.
B.
No building permit shall be issued for any building or structure in an R-NH District unless the applicant has first obtained subdivision or site plan approval as required by law.
C.
Permitted principal uses shall be limited to the following:
(1)
Residential single-family detached dwellings on plots of no less than 20,000 square feet.
(2)
Religious uses, subject to the provisions of this chapter, and with the permission of the Board of Trustees.
(3)
Noncommercial membership clubs, subject to the requirements applicable in an R-1 District, and with the permission of the Board of Trustees.
(4)
Governmental facilities.
D.
Except as otherwise provided in this section or otherwise expressly provided by law, all uses and development in the R-NH District shall be in conformity with the regulations applicable in the R-3 District.
E.
Property in the R-NH District owned by the Village of North Hills shall be exempt from the provisions of this chapter, and may be used for any use authorized by the Board of Trustees of the Village of North Hills, subject only to such terms and conditions as may be imposed by the Board of Trustees.
[Added 7-24-2002 by L.L. No. 1-2002][1]
[1]
Editor's Note: Former § 174-12.3, Senior housing facilities with services in Residential R-NH District, added 10-27-1999 by L.L. No. 7-1999 and amended 2-10-2000 by L.L. No. 3-2000, which immediately followed this section, was removed during the 2004 recodification; applications pursuant to said section were to be made no later than 11-15-1999. Local Law Nos. 7-1999 and 3-2000 remain in effect and are on file in the office of the Village Clerk.
§ 215-19 Regulations for Commercial C-1 District.
Commercial uses and recreational-cultural uses shall be permitted in the C-1 District as set forth herein.
A.
Permitted principal uses in the C-1 District shall be:
(1)
Professional, financial, managerial or editorial offices or offices or labs for research and development, but not wholesale or retail sales.
(2)
Performing arts center.
(3)
Cultural arts center.
(4)
Educational institutions, subject to provisions of this chapter.
(5)
Other cultural uses as recognized by the New York State Department of Education or the New York State Council on the Arts.
(6)
Governmental facilities.
(7)
Any use permitted in an R-1 District (in the event of which all provisions of this chapter pertaining to such district shall be applicable).
B.
The minimum area of the site shall be five acres.
C.
The maximum floor area ratio shall be 0.5 (FAR).
D.
At least 25% of the lot shall be open space, of which 40% shall be an intact parcel.
E.
The front yard setback of each building shall be not less than 100 feet.
F.
The rear yard setback of each building shall be not less than 100 feet.
G.
The side yard setback of each building shall be not less than 50 feet.
H.
The maximum building height shall be 52 feet or four stories.
[Amended 2-20-1996 by L.L. No. 2-1996]
I.
The maximum building coverage shall be 20% of the lot.
J.
Loading bays shall conform to the following requirements:
(1)
All loading bays shall be a minimum of 14 feet by 35 feet.
(2)
Office and lab uses shall have one loading bay for the first 10,000 square feet, plus one for each additional 50,000 square feet of floor area or part thereof.
(3)
Cultural uses shall have at least one loading bay.
(4)
All loading bays shall be fenced, landscaped and/or bermed to visually screen such area.
K.
No driveway, access road or parking area shall be within 20 feet of any property line.
L.
Accessory uses shall be limited to those uses permitted by § 215-25 of this Code. All accessory uses shall require a permit from the Board of Appeals, except that the Planning Board may grant a permit for an accessory use (other than a sign or home occupation) shown on a subdivision or site plan approved by the Planning Board.
[Added 5-25-1983 by L.L. No. 9-1983; amended 9-18-2019 by L.L. No. 3-2019]
§ 215-20 Regulations for Commercial A (C-1A) District.
[Added 2-20-1996 by L.L. No. 3-1996]
Commercial uses and recreational-cultural uses shall be permitted in the C-1A District as set forth herein.
§ 215-21 Incentives and bonuses in C-1A District.
[Added 2-20-1996 by L.L. No. 4-1996]
A.
Findings. Pursuant to the authority vested in it by Village Law § 7-703, and utilizing the definitions of terms contained in that law (which definitions are incorporated herein by reference), and after evaluation of the effects of potential incentives which are possible by virtue of the provision of community amenities, the Board of Trustees of the Village of North Hills hereby finds that the C-1A District contains adequate resources, environmental quality and public facilities (including adequate transportation, water supply, waste disposal and fire protection) to permit the authorization of the incentives or bonuses hereinafter specified for property located in said zoning district. The Board of Trustees hereby further finds that there will be no significant environmentally damaging consequences if incentives or bonuses are awarded as provided herein, and that such incentives or bonuses are compatible with the development otherwise permitted in the C-1A District. The Board of Trustees further finds that the provision of the system of zoning incentives or bonuses provided for in this section will not have any impact upon the potential development of affordable housing gained by the provision of any such incentive or bonus afforded to an applicant or lost in the provision to the Village by an applicant of any community amenity.
B.
Designation of district. The Board of Trustees hereby designates the C-1A District as the zoning district in which incentives or bonuses may be awarded, as provided in this section.
C.
Procedure for applications for award of incentives or bonuses.
(1)
Applications for award of incentives or bonuses shall be made to the Board of Trustees in writing, on a form designated by the Village. Such applications shall contain, at a minimum:
(a)
A statement of the name, address and telephone number of the owner and the applicant.
(b)
The street address and Tax Map designation of the property which is the subject of the application.
(c)
An identification of the zoning district of the subject property.
(d)
A statement as to the existing and proposed uses of the subject property.
(e)
A statement identifying each of the incentives and bonuses which are being requested by the applicant pursuant to this section.
(f)
A map of the subject property, drawn to scale, showing the existing and proposed lots and rights-of-way and any other proposed changes from the previously approved subdivision or site plans.
(g)
Any other documentation which may be required by law.
(2)
Each applicant for an incentive or bonus shall comply with the requirements of Article 8 of the Environmental Conservation Law, including the preparation of an environmental assessment form or, if required by the Board of Trustees, a draft environmental impact statement and/or a supplemental and/or final environmental impact statement, if necessary. In the event that the lead agency has prepared or caused to be prepared a generic environmental impact statement (GEIS) in connection with the adoption of this section, the lead agency may require that the applicant pay a proportionate share of the cost of preparing such GEIS pursuant to applicable provisions of the regulations enacted pursuant to Article 8 of the Environmental Conservation Law.
D.
Permitted incentives or bonuses. After a public hearing as required by law, the Board of Trustees, in a proper case, may grant one or more of the following incentives or bonuses, notwithstanding any other provision of this chapter to the contrary:
(1)
An increase (not to exceed 25%) in the permitted maximum number of stories and permitted building height.
(2)
A reduction (not to exceed 60%) in the required number of loading docks (bays).
(3)
A reduction (not to exceed 25%) in the required setback of parking areas from property lines.
(4)
A reduction (not to exceed 10%) in the required size of parking spaces.
(5)
A reduction (not to exceed 10%) in the required number of off-street parking spaces.
(6)
An increase (not to exceed 200%) in the number of permitted ground signs per building.
(7)
An increase (not to exceed 100%) in the permitted size of any ground sign.
(8)
An increase (not to exceed 50%) in the maximum permitted floor area ratio.
E.
Community benefits or amenities which may be accepted from the applicant by the Village.
(1)
The community benefits or amenities which the Board of Trustees may determine shall be provided by any such applicant upon the granting of any such application for an award of incentives or bonuses, and which the Village may accept from an applicant, are land, buildings or improvements, alterations or renovations to land or buildings, to provide open space or parks, elder care or day care, public community centers or recreation centers, including such centers specifically designed for the young or the elderly, educational or library facilities, swimming pools and other recreational facilities, or such other specific physical or cultural amenities as the Board of Trustees may determine to be of benefit to the residents of the community.
(2)
Where the Board of Trustees determines that a suitable community amenity or benefit is not immediately feasible, or otherwise not practical, the Board of Trustees may require, in lieu thereof in whole or in part, a payment to the Village of a sum of money, at a time or times to be determined by the Board of Trustees. Where the Board of Trustees determines that such sum should be accepted in lieu of other community benefit or amenity, such sum shall be maintained by the Village in a trust fund to be used by the Board of Trustees exclusively for one or more specific community benefits as are or may be authorized by the Board of Trustees.
F.
Criteria for approval.
(1)
The granting of an application for incentives or bonuses shall be in the sole discretion of the Board of Trustees. Where the Board of Trustees determine to approve such an application, the Board may do so in whole or in part, and upon reasonable terms and conditions as may be determined by the Board of Trustees.
(2)
No such application may be granted, in whole or in part, except upon a determination by said Board that such approval will be:
(a)
In the best interests of the Village of North Hills and its residents.
(b)
Compatible with the surrounding uses of properties.
(c)
Such that there will be no sufficient adverse environmental impacts which will result from the use of the incentives or bonuses.
(d)
Upon such terms and conditions as may be prescribed by the Board of Trustees, including such conditions as, in the sole judgment of said Board, will fully mitigate any adverse environmental impacts which may result from the use of the incentives or bonuses.
(e)
Upon such terms and conditions as may be prescribed by the Board of Trustees to ensure, in the opinion of said Board, that the community benefits and amenities to be provided in exchange for such incentives or bonuses have a value fairly proportionate to the value of the incentives or bonuses being granted by the Board of Trustees.
(3)
The determination by the Board of Trustees whether to grant bonuses or incentives shall be final and conclusive.
G.
Changes. If, after the provision and acceptance by the Village of the community benefits or amenities to be provided by the applicant pursuant to an application approved under this section, or after the payment of sums of money in lieu of such community benefits and amenities, any action is commenced by any person other than the applicant, or a person or entity acting for or on behalf of the applicant, and as a result of the final determination of said action the applicant is required to forego, withhold or forfeit some or all of the rights granted by such incentives or bonuses, then the Village shall make restitution to the applicant for the community benefits or amenities provided or money paid in lieu thereof. Such restitution shall be in proportion to the value of the incentives or bonuses of which the applicant is deprived by reason of such final determination.
§ 215-22 Divided dwellings.
[Added 10-27-1982 by L.L. No. 21-1982]
A.
With the permission of the Board of Trustees, in accordance with the provisions of this section, and upon such terms and conditions established by the Board of Trustees in granting such permission, property in the R-1, R-3, R-5 or R-7 Districts may be used for divided dwellings in place of the uses otherwise permitted by the Zoning Code.
B. DIVIDED DWELLING DWELLING UNIT ESTATE BUILDING ESTATE COMPLEX
Definitions. As used in this section, the following terms shall have the indicated meanings except where the context clearly indicates otherwise:
An estate building which is divided into two or more dwelling units.
A building or portion thereof providing separate and complete living and cooking facilities for one family, except that a common entrance may be permitted by the Board of Trustees.
A structure in existence on May 1, 1932, and having a total floor area (excluding basements, attics and garages) of not less than 8,000 square feet on May 1, 1932, and at the time of application, and having historical or unique architectural significance as determined by the Board of Trustees.
A lot having an area of six or more contiguous acres, with an estate building and no other structures thereon, except those accessory to the estate building.
C.
Each estate complex shall have a minimum area of six contiguous acres (excluding any land with severe slopes upon which it would be difficult and impractical to construct a dwelling as determined by the Board of Trustees) and an overall density not to exceed that which would otherwise be permitted (but for this section) for the zoning district in which the property is located.
D.
Each dwelling unit in an estate complex shall have a minimum habitable floor area of 1,250 square feet and, in addition, suitable facilities for the fully enclosed parking and keeping of at least one automobile per dwelling unit and other facilities for the parking of at least two additional automobiles per dwelling unit.
E.
No divided dwelling shall contain more than eight dwelling units.
F.
No estate building to be converted to a divided dwelling shall be enlarged except for the construction of entrances, hallways and fire escapes to facilitate conversion of the building or to meet with municipal or other safety regulations for a divided dwelling use. Such enlargement shall not exceed 10% of the original square footage of the building. This limitation shall not apply to the construction of such new garages as is required to comply with Subsection D of this section. The Board of Trustees shall have the power to grant setback variances for existing structures in connection with the establishment of estate complexes.
G.
There shall be no exterior change, addition or alteration to any existing building, or the construction of any additional structures, on an estate complex, unless the same shall conform to the existing architectural style and design of existing buildings and unless the same are approved by the Board of Trustees.
H.
Condominium or cooperative ownership of the dwelling units, with mutual ownership of all common areas, shall be required for all estate complexes to ensure, to the satisfaction of the Board of Trustees, that there are adequate and legally binding requirements for the maintenance and upkeep of the grounds and buildings. All ownership plans shall be approved by the Board of Trustees and may require the conveyance to the Village of interests or rights in real property under § 247 of the General Municipal Law.
I.
The Board of Trustees may impose any other conditions deemed appropriate by the Board of Trustees to protect the public welfare.
J.
Any application for a permit for divided dwellings shall be in writing, on a form prescribed by the Village, and shall contain the information otherwise required for an application to amend the Zoning Code. The Board of Trustees shall not act upon any such application until after a public hearing, held in the same manner and upon the same notice, as is provided for an application to amend the Zoning Code.
K.
Findings. In making and acting upon any such application for the preservation of any such estate building as a divided dwelling, the Board of Trustees shall consider the following criteria in achieving the purpose of this section:
(1)
The historic, architectural and environmental significance or value of any such site, building, structures and/or landscaping or terrain feature, either individually or in relation to each other or to natural or physical boundaries.
(2)
The visual, geographic and density relationship of any such site, building, structures or feature to its surrounding area.
(3)
The age, history, architectural style or historical style or period, construction, craftsmanship, uniqueness, environmental value, topographical significance or irreplaceability of any such building, structure or feature, considered individually or collectively.
(4)
The designation by any governmental body of any area, site, building, structure or feature having historic, architectural or environmental significance or value to the community.
(5)
The establishment of naturally definable boundaries and buffer areas necessary to prevent encroachment of uses, development or other influence potentially adverse to the preservation of any such estate buildings.[1]
[1]
Editor's Note: Former § 174-13.2, Regulations for open space OS residential development, and § 174-13.3, Additional requirements in open space OS residential development, both added 6-17-1985 by L.L. No. 6-1985, as amended, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 215-23 Regulations for Educational Training Services ETS District.
[Added 12-22-1998 by L.L. No. 8-1998]
A.
No building shall be erected, altered or used, and no premises shall be used, for any purpose other than those set forth in this section.
B.
No building permit shall be issued for any building or structure in the Educational Training Services ETS District unless the applicant first has obtained a building permit and subdivision or site plan approval as required by law.
C.
Permitted principal uses in the Educational Training Services ETS District shall be limited to no more than one of the following principal uses on a lot:
(2)
Facilities for educational, developmental and training services, with the permission of the Board of Trustees, provided that:
(a)
Such use shall not include provision of medical care or treatment of either infants, children or adults for any illness, addiction or disorder or medical-care facilities for treatment of any illness, addiction or disorder.
(b)
Services shall be limited to education, evaluation, assessment, special instruction, speech therapy, behavioral training, physical training, socialization skills, parent training, counseling and parent support groups.
(c)
Services may be provided only to and with respect to children no older than five years of age and their parents and caregivers.
(d)
Services shall be provided only by professionals qualified to render such services, and such providers shall be licensed where required by New York State or any other governmental authority with jurisdiction.
(e)
Any premises used for such purposes shall not have, or include, any residential use, nor shall any person be permitted to occupy the premises as a resident, on a transient basis or otherwise.
(f)
No such facility shall operate between the hours of 12:00 midnight and 7:00 a.m. the following day.
(g)
The minimum lot size shall be 65,000 square feet.
(h)
The minimum lot width shall be 115 square feet.
(i)
The minimum street frontage shall be 100 feet.
(j)
The minimum front yard setback shall be 100 feet; provided, however, that where the lot has more than one street frontage, the front yard setback requirement shall apply to the frontage having the narrowest width, and the side yard setback requirement shall apply to any other frontage.
(k)
The side yard setbacks shall total a minimum of 50 feet; provided, however, that the minimum individual side yard setback shall be 20 feet where the adjoining property is used for residential purposes and five feet where the adjoining property is used for nonresidential purposes or for highway purposes.
(l)
The minimum rear yard setback shall be 100 feet, provided that parking areas and driveways, located at least 10 feet from the property line, and shown on the approved site plan for the property, may be located within the rear yard setback area. Landscape screening shall be required between any such parking area or driveway and the nearest property line(s) in accordance with the requirements of the Board of Trustees or Planning Board.
(m)
No building shall exceed 2 1/2 stories, or 35 feet, in height.
(n)
The minimum floor area shall be 1,500 square feet, and the total floor area ratio for all buildings and structures on the site shall not exceed .065 but shall in no event be less than 4,870 square feet, provided that the area of the lot shall be at least 67,000 square feet.
(o)
The maximum building coverage shall be 6% but shall in no event be less than 3,570 square feet, provided that the area of the lot shall be at least 67,000 square feet.
[Amended 3-30-1999 by L.L. No. 2-1999]
(p)
Off-street, on-site parking for educational and training service facilities shall be provided with at least one parking space for each 200 square feet of floor area, and the parking layout and location shall be approved by the Board of Trustees.
(q)
No structure or accessory use shall be located in a front yard.
(r)
No accessory uses shall be permitted outside the principal structure or an authorized accessory structure.
(s)
The ingress and egress for the site shall be as determined by the Board of Trustees.
§ 215-23.1 Uses Prohibited In All Districts.
[Added 4-17-2019 by L.L. No. 1-2019]
No building or premises in any district of the Village shall be used, erected or altered, as a principal, primary, accessory, or incidental use for, or for the purpose or in furtherance of, the manufacture, growth, sale, dispensing, or consumption of any good, substance, material or product in violation of any law, rule or regulation of the United States or the State of New York, or of any other governmental body having jurisdiction over such activity or property. For the purposes of this subsection, the term "dispensing" shall include, without limitation, the preparation or physical delivery of, but not the issuance of an order, authorization or prescription for, a good, substance, material or product.