North Hills City Zoning Code
ARTICLE VII
Principal Uses Other Than Residential or Commercial
§ 215-27 Recreational club uses.
Recreational club uses where permitted by this chapter shall conform to the following:
A.
The occupant and owner shall be a homeowner association incorporated as a not-for-profit corporation or a public corporation.
B.
Such uses shall have as their prime purpose service to the homeowners.
C.
No buildings or part thereof shall be erected within a distance from any property or street line equal to three times the height of such building.
D.
Accessory buildings shall be on the same lot as the principal building and located in the rear yard.
§ 215-28 Governmental uses.
Governmental uses where permitted by the chapter shall conform to the following:
A.
The occupant and owner shall be a public corporation.
B.
Such use shall have as its prime purpose a benefit to the public.
C.
No buildings or facilities shall be higher than 30 feet nor erected nearer to any property or street line than a distance of 60 feet.
D.
Accessory buildings shall be on the same lot as and to the rear of any principal building.
§ 215-29 Educational institutions.
Educational institutions where permitted by this chapter shall conform to the following:
A.
The occupant and owner shall be a tax-exempt educational organization pursuant to the Internal Revenue Code as evidenced by a ruling or determination letter from the Internal Revenue Service.
B.
Such institution shall have as its prime purpose the general education of students in the arts and sciences, and the institution shall be licensed by the State of New York to award diplomas or degrees. Trade schools shall not be considered educational institutions unless instruction in particular trades is part of a general curriculum in arts and sciences.
C.
The site on which such use is conducted shall have a minimum lot area of 10 acres for the first 225 students who are enrolled in the institution, plus an additional one acre for each additional 44 students who are enrolled in the institution at any one time.
[Amended 10-23-1991 by L.L. No. 5-1991; 5-29-1996 by L.L. No. 8-1996]
D.
No building or part thereof shall be higher than 25 feet nor erected nearer to any street line than a distance equal to five times the height of such building nor nearer to any other property line than 75 feet.
[Amended 9-27-1995 by L.L. No. 12-1995]
E.
Accessory buildings shall be on the same lot as the principal building and located in the rear yard.
F.
The maximum building and structure coverage shall not exceed 5% of the area of the lot, and the floor area ratio of all buildings and structures shall not exceed 0.035.
[Amended 9-27-1995 by L.L. No. 12-1995]
G.
Application procedures; authority of the Board of Trustees.
[Added 11-28-2018 by L.L. No. 3-2018]
(1)
Notwithstanding any other law, or provision of this Code, to the contrary, the Board of Trustees may exercise the powers otherwise vested in the Planning Board, Board of Appeals and/or the Architectural Review Board, with respect to applications for special use permit(s) or other approvals for alterations or revisions to existing educational uses. The Board of Trustees, by resolution, may establish the fees and deposits for any application for the Board of Trustees to exercise such powers.
(2)
In exercising such authority, the Board of Trustees may grant approval for, or authorize approval or amendment of special use permits, site plan approvals, area variances or waivers of area zoning requirements, and architectural review approval.
(3)
In exercising such authority, the Board of Trustees may not perform any act, make any determination, or authorize any use or development of property which is not authorized by law, and which could not have been authorized by the Board of Trustees, Planning Board, Board of Appeals or Architectural Review Board but for the provisions of this Subsection G.
(4)
Upon written request from the owner of any existing educational use, the Board of Trustees in its sole discretion may elect to exercise the powers and authority provided in this Subsection G, and consider and act upon any case or application for approval or relief listed in this subsection. For such purposes, and to the extent feasible in its sole discretion, the Board of Trustees shall follow such procedure as would be applicable in the case of applications to each of the respective boards otherwise having authority over such application; provided, however, that the Board of Trustees shall be required to hold public hearings with respect to any aspect of such application which would have required a public hearing if heard by another board or agency of the Village.
§ 215-30 Religious uses.
Religious uses where permitted by this chapter shall conform to the following:
A.
The occupant and owner shall be a tax-exempt religious organization pursuant to the Internal Revenue Code as evidenced by a ruling or determination letter from the Internal Revenue Service.
B.
Such institution shall have as its prime purpose the providing of religious services and related work.
C.
Minimum lot area shall be four acres, located on a primary road only.
[Amended 12-11-1991 by L.L. No. 8-1991]
D.
Accessory buildings shall be located on the same lot and in the rear yard.
E.
No building or part thereof shall be higher than 25 feet nor erected nearer to any street line than a distance equal to five times the height of such building nor nearer to any other property line than 75 feet. Notwithstanding the foregoing, the height limitation in this subsection shall not be applicable to steeples, spires, bell towers or other similar features, provided that the same shall not exceed a height of 40 feet.
[Amended 9-27-1995 by L.L. No. 12-1995]
F.
The maximum building and structure coverage shall not exceed 5% of the area of the lot, and the floor area ratio of all buildings and structures shall not exceed 0.075.
[Amended 9-27-1995 by L.L. No. 12-1995]
G.
Notwithstanding any other law or provision of this Code to the contrary, the Board of Trustees may exercise the powers otherwise vested in the Planning Board, Board of Appeals and/or the Architectural Review Board with respect to applications for special use permit(s) or other approvals for alterations or revisions to existing religious uses. The Board of Trustees, by resolution, may establish the fees and deposits for any application for the Board of Trustees to exercise such powers.
[Added 11-16-2022 by L.L. No. 4-2022]
(1)
In exercising such authority, the Board of Trustees may grant approval for, or authorize approval or amendment of, special use permits, site plan approvals, area variances or waivers of area zoning requirements, and architectural review approval.
(2)
In exercising such authority, the Board of Trustees may not perform any act, make any determination, or authorize any use or development of property which is not authorized by law and which could not have been authorized by the Board of Trustees, Planning Board, Board of Appeals or Architectural Review Board but for the provisions of this Subsection G.
(3)
Upon written request from the owner of any existing religious use, the Board of Trustees, in its sole discretion, may elect to exercise the powers and authority provided in this Subsection G and consider and act upon any case or application for approval or relief listed in this subsection. For such purposes, and to the extent feasible in its sole discretion, the Board of Trustees shall follow such procedure as would be applicable in the case of applications to each of the respective boards otherwise having authority over such application; provided, however, that the Board of Trustees shall be required to hold public hearings with respect to any aspect of such application which would have required a public hearing if heard by another board or agency of the Village.