Roslyn City Zoning Code
ARTICLE II
District Regulations
§ 470-6 R-1 Low-Density Single-Family Residential District.
A.
Purpose. The R-1 Low-Density Single-Family Residential District is designed primarily for detached single-family residential dwelling units but in addition provides for residentially supportive institutional facilities which both serve and are compatible with such uses.
B.
Permitted principal uses:
(1)
Single-family detached dwellings.
(2)
Home occupations may be permitted within a single-family detached dwelling subject to the same area, yard and building requirements as single-family detached dwellings and the following additional conditions and others deemed to be necessary to protect the health, safety and welfare:
(a)
The home occupation shall be consistent with the definition set forth in Article I of this chapter.
(b)
The home occupation shall be carried on only by a member of the family that resides on the premises.
(c)
There shall be no display that will indicate from the exterior that the building is being utilized in whole or part for any other purpose than that of a dwelling.
(d)
No mechanical equipment shall be used other than that which is customary for purely domestic and household purposes.
C.
Special uses. A building may be erected, altered or used for any purpose set forth in this subsection only when authorized by the Board of Trustees as a special use after a public hearing and for no other:
(1)
Church or other place of worship.
(2)
Parish house, rectory or Sunday school.
(3)
Public library, fire station, park, playground, or public or private school.
(4)
Resident association swimming pools, subject to the following regulations and others deemed by the Board of Trustees necessary to protect the health, safety and welfare:
(a)
At least 60% of the members of the association or membership corporation shall be residents of the Village.
(b)
The association or membership corporation shall not be conducted for profit or gain.
(c)
The Board of Trustees shall determine that the public health, morals, safety, comfort and general welfare of the neighborhood will be secure and that such use will not be detrimental to the general character of the neighborhood or to the orderly development of the Village.
(d)
No permit shall be issued for any such use nor shall any such use of said land be permitted or carried on until the location and size of the plot, site plans and detailed building plans of such pool and any accessory buildings showing dimensions, design, elevations, location and uses of all structures, drainage, sewerage and sanitary facilities, parking areas, entrances, driveways, walks, screening, planting and such other information, including the manner of operation, use and maintenance of such swimming pool, as may be required by the Board have been submitted to and approved by said Board. Such permit may prescribe reasonable rules and regulations for the operation, maintenance and use of such swimming pool and accessory structures. Any violation of this subsection or of any rule or regulation prescribed by the Board of Trustees in the permit or otherwise shall be subject to the remedies and penalties prescribed in § 470-116 of this chapter, and in addition thereto any permit issued hereunder may be revoked and canceled forthwith in the event of any such violation.
(e)
Such permit, when granted, shall not be assigned by the person, association or membership corporation to which it has been granted.
§ 470-7 R-2 Medium-Density Single-Family Residential District.
[Amended 9-21-2010 by L.L. No. 1-2010; 4-15-2014 by L.L. No. 6-2014]
A.
Purpose. The R-2 Medium-Density Single-Family Residential District is designed for detached single-family dwellings on moderately sized lots and for residentially supportive institutional facilities which both serve and are compatible with such uses.
B.
Permitted principal uses:
(1)
Any principal use permitted in the R-1 Low-Density Single-Family Residential District.
C.
Special uses. A building may be erected, altered or used for any purpose set forth in this subsection only when authorized by the Board of Trustees as a special use after a public hearing conducted by the Board of Trustees and for no other:
(1)
Uses permitted as special uses in the R-1 Low-Density Single-Family Residential District.
§ 470-8 R-3 One-Family Residential District.
[Amended 9-21-2010 by L.L. No. 1-2010; 7-17-2012 by L.L. No. 3-2012]
A.
Purpose. The R-3 One-Family Residential District is designed for detached single-family residential dwellings.
B.
Permitted principal uses:
(1)
Any principal use permitted in the R-1 Low-Density Single-Family Residential District.
C.
Special uses. A building may be erected, altered or used for the purpose set forth in this subsection only when authorized by the Board of Trustees as a special use after a public hearing conducted by the Board of Trustees and for no other:
(1)
Home professional offices within a single-family detached dwelling, subject to the following conditions and others deemed by the Board of Trustees to be necessary to protect the health, safety and welfare:
(a)
The home professional office shall be consistent and in accordance with the definition set forth in Article I of this chapter, except that the professional office shall be part of the residential structure and not located in a separate or accessory building, and the office shall be for the exclusive use of a professional(s) who permanently resides on the premises, and provided that, in addition, the office does not employ more than three additional employees, none of whom are professional.
(b)
In total, there shall be on-site parking for the resident professional, one space for each of the employees, plus two spaces for clients or visitors, none of which may be located in the front yard.
(c)
The entire building shall retain its residential appearance.
(d)
There shall be no display of advertising except for one nameplate, which shall not exceed two square feet in size per professional office.
§ 470-9 R-4 Low-Density Single-Family Residential - Special Character District.
[Added 9-18-2007 by L.L. No. 4-2007]
A.
Purpose. The R-4 District is intended to maintain the character and scale of the single-family residential Roslyn Pines and Marchant Park neighborhoods and to allow for the appropriate development and redevelopment of lots in those areas. The areas included within the zoning designation are characterized by single-family detached residences of one to 1 1/2 stories on lots of 10,000 square feet or more.
B.
Permitted principal uses:
(1)
Any principal use permitted in the R-1 District (Low-Density Single-Family Residential).
C.
Special uses. A building may be erected, altered or used for a special use only when authorized by the Board of Trustees as a special use after a public hearing conducted by the Board of Trustees and for no other:
(1)
Uses permitted as special uses in the R-1 District (Low-Density Single-Family Residential).
D.
Accessory uses. The following accessory uses on the same lot as the principal use shall be permitted:
[Amended 9-21-2010 by L.L. No. 1-2010]
(1)
Uses permitted as accessory uses in the R-1 District (Low-Density Single-Family Residential).
E.
Development standards.
(1)
Purpose. The intent of this Subsection E is to provide standards that address the mass and scale of buildings in the R-4 District to ensure that new development and redevelopment are consistent with the existing neighborhood opportunities.
(2)
Schedule of regulations. All development in the R-4 District shall be consistent with the standards for the R-1 District shown in the Schedule of Area, Yard and Building Requirements which accompanies this chapter, except as specifically modified by Subsection E(3) through (7) below.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
(3)
Building height. The maximum height for principal buildings in the R-4 District shall be 24 feet consisting of not more than 1 1/2 stories, except as modified in Subsection E(7) below. In no case shall a principal building exceed 32 feet or two stories. Two-and-one-half-story buildings are not permitted.
(4)
Building coverage. The maximum building coverage for properties in the R-4 District shall not exceed 25%.
(5)
Maximum floor area ratio. The maximum floor area ratio in the R-4 District shall be 0.275, except as modified in Subsection E(6) below. In no case shall the floor area ratio exceed 0.30.
(6)
Exemptions from the calculation of floor area ratio. For properties located in the R-4 District, the following areas shall not be included in any calculation of floor area ratio:
(a)
Unenclosed ground floor porches, decks, patios and porticos.
(b)
A cellar.
(d)
A habitable portion of an attic or half story, if:
[1]
The roof above it is not a flat or mansard roof and has a slope of 3° to 12° or steeper;
[2]
It has only one floor;
[3]
It does not extend beyond the footprint of the floors below;
[4]
It is the highest habitable portion of the building, except for a two-story portion as permitted by Subsection E(7) below; and
[5]
Fifty percent or more of the floor area has a ceiling height of seven feet or less.
(7)
Exceptions for additional building height and floor area ratio. A second-story portion of a building with a maximum height of 32 feet may be provided consistent with the following additional standards:
(a)
Additional setback required. No second-story portion of a building shall be located less than 20 feet from a side property line.
(c)
Two-story front porches prohibited. No second-story porches shall be located on any street-facing facade of the building.
(d)
Consistent roof form. The roof form used on the second-story portion of a building must be consistent with roof forms used on other portions of the building.
(e)
Vertical wall articulation. In order to minimize the impact of taller building elements, two-story volumes should be designed to include a clearly identifiable base, middle, and top, with horizontal elements separating these components. Techniques that can be used to achieve this standard include, but are not limited to, belt courses, material changes, upper-story setbacks, and varied roof forms.
(f)
Horizontal wall articulation. A side wall of a building that is more than 15 feet high should not extend in an unbroken plane for more than 32 feet along a side lot line. To break the plane, a perpendicular wall articulation of not less than four feet, for a distance along the side property line of not less than 10 feet, is required.
F.
Architectural Design Review Board.
(1)
Purpose; findings of fact.
(a)
The R-4 Low-Density Single-Family Residential - Special Character District is intended to preserve and promote the character, appearances and aesthetics of the Roslyn Pines and Marchant Park neighborhoods and to conserve the property values of those neighborhoods by providing procedures for an architectural review of all land developed and all structures henceforth erected, reconstructed, altered or remodeled in the R-4 District and by so doing to:[2]
[1]
Encourage good qualities of exterior building design and good appearances and to relate such design and appearances to the sites and surroundings of structures.
[2]
Preserve the prevailing aesthetic character of the neighborhood and geographic area and to enhance the same by means of complementary structures.
[3]
Permit originality and resourcefulness in building design and appearances which are appropriate to the sites and surroundings.
[4]
Promote and encourage good qualities of architectural design and utilization of land in the erection and construction of new structures and the exterior refurbishing, reconstruction or alteration of existing structures.
[5]
Assure that the design and location of any proposed structure or the addition, alteration or reconstruction of any existing structure is in harmony with the existing topography of its site and/or the existing structure as well as the neighboring geographic area and existing property.
[6]
Discourage and prevent such design that would adversely affect or cause the diminution in value of neighboring property, whether improved or unimproved.
[7]
Prevent such design and appearances as are unnecessarily offensive to visual sensibilities, which impair the use, enjoyment, value or desirability of neighboring properties and the health, safety and general welfare of the community at large.
(b)
The Board of Trustees hereby finds it necessary to create a mechanism for architectural review since:
[1]
Structures which are visually offensive or inappropriate by reason of poor exterior design, poor site layout, monotonous similarity or striking visual discord or dissimilarity in relation to their site or surroundings would mar the appearance of and adversely affect the desirability of the immediate area and neighboring areas.
[2]
Such structures would discourage and prevent the most appropriate development and utilization of land throughout the R-4 District.
[3]
Such structures would impair the use, enjoyment and desirability and stability of both improved and unimproved property and are detrimental to the character of neighborhoods, produce degeneration of the values of real property with attendant deterioration of conditions affecting the functioning, economic stability, prosperity, health and safety of the inhabitants of the Village and destroy a proper relationship between the taxable value of real property and the cost of municipal services provided therefor.
(2)
Delegation of authority. There is hereby created an Architectural Design Review Board consisting of five members who shall serve without compensation. Members of the Board shall be residents of the Village of Roslyn and reside in the R-4 District, and all members of said Board shall be persons qualified by reason of training or experience in architecture, land development, community planning, real estate, landscape architecture or other relevant business or profession or by reason of civic interest and sound judgment to determine the effects of a proposed building or structure (including additions or exterior alterations thereto), a group of buildings or structures or plan of building development on the desirability, property values and development of surrounding areas and the development of the Village as a whole. The members of the Board shall be appointed by the Mayor, subject to the approval of the Board of Trustees. The Mayor shall, upon the enactment of this section and thereafter at the annual organizational meeting, designate the Chairperson and Vice Chairperson of the Board, subject to the approval of the Board of Trustees, and the persons so designated shall serve as Chairperson and Vice Chairperson at the pleasure of the Mayor and Board of Trustees. From and after the effective date of this section, the respective terms of appointed members of the Board, in the order of their appointment, shall be one, two, three, four, and five years. Thereafter, appointments shall be for a term of five years. The Board of Trustees shall have the power to remove any such member for cause. Vacancies shall be filled by the Mayor, subject to the approval of the Board of Trustees, for the unexpired term of any member whose place has become vacant. The Superintendent of Buildings shall act in an advisory capacity without voting power.
(3)
Meetings of Board. Meetings of the Board shall be held at such times as the Board may determine and otherwise at the call of the Chairperson or, in his absence, the Vice Chairperson. A majority of the members of the Board shall constitute a quorum for the transaction of business. All actions taken by the Board shall be by a majority of the members thereof. The Board shall keep minutes of its proceedings, showing the vote of each member on each question, or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.
(4)
Powers of Board. The Board shall have the power, from time to time, to adopt, amend and repeal rules and regulations, not inconsistent with law or the provisions of this section, governing its procedure and the transaction of its business and for the purpose of carrying into effect the standards outlined in Subsection F(1) hereof, which rules and regulations or amendments thereto shall become effective upon ratification by the Board of Trustees.
(5)
Referral procedures.
(a)
The Board shall review and advise on all of the following:
(b)
If any building in the R-4 District for which a building permit is sought is one of a group of six or more buildings proposed to be constructed in the same vicinity, none of which buildings is to be situated at a distance of more than 250 feet from some other building of the group, whether or not such buildings are to be constructed on contiguous plots, and whether or not the permits for the other buildings of the group are applied for by the same applicant, said application shall be accompanied by a plan of building development for the entire group, clearly setting forth the entire site layout and the designs of the exterior appearance of all the proposed buildings in the group.
(c)
A preliminary conference may be held between the Board and the applicant prior to the preparation and submission of a formal submission. The intended purpose of such a conference is to enable the applicant to inform the Board of the proposal prior to the preparation of a detailed submission and to provide the Board with an opportunity to review the basic design concept, to advise the applicant as to potential problems and concerns and to generally determine the information to be required on the formal submission.
(d)
The Board shall require an application which shall include, but not be limited to, the following:
[1]
A plan or plans drawn at a scale of 1/4 inch which clearly indicate the following:
[a]
The dimensions, orientation and area of the building plot with setback dimensions clearly indicated.
[b]
The size, shape and location of existing and proposed construction and relationship to adjacent properties, buildings and structures.
[c]
A summary of areas of existing or proposed buildings and an indication of their proposed uses.
[d]
Locations of existing streets, points of entry and egress for motor vehicles and locations and layout of all paved areas, including off-street parking.
[e]
Location of existing and proposed plantings and screening devices, walls, fences and railings and their height and the materials of their construction.
[f]
Indication of exterior lighting adequate to determine its character and to enable review of possible hazards and disturbances to the public and adjacent properties.
[g]
Indication of other potential disturbances to the public and adjacent properties.
[2]
Photographs of the site and adjacent areas and structures sufficient to provide adequate representation thereof.
[3]
Detailed drawings of decorative elements.
[4]
Sectional drawings to explain the character of the design.
[5]
All site plan applications, if any, submitted to the Village Board of Trustees.
[Amended 6-17-2014 by L.L. No. 8-2014]
[6]
Complete and accurate exterior elevations of all facades, drawn at a scale adequate to show clearly the appearance of all proposed buildings and structures.
(6)
Reasons for disapproval of application; approval of application.
(a)
The Board shall disapprove any application referred to it if the Board finds that the application, if granted, would be detrimental to the character, property values or development of the R-4 District, the surrounding area or of the Village as a whole by reason of any of the following:
[1]
Excessive similarity of design in relation to any other structure existing or for which a permit has been issued, or to any other structure included in the same permit application, in respect to one or more of the following features, such as, but not limited to, doors, windows, porticos or other openings or breaks in the facade facing the street, including reverse arrangement, or other significant identical features, such as, but not limited to, construction material, roofline and height or other design elements, provided that a finding of excessive similarity of design shall include not only that such similarity exists but also that it is of such a nature as to produce undesirable effects.
[2]
Excessive dissimilarity of design or inappropriateness of design or of the site plan in relation to any other building or structure existing or for which a permit has been issued, or to any other building or structure included in the same permit application, or inappropriateness or excessive dissimilarity of design in relation to the characteristics of building design generally prevailing in the R-4 District of the Village, in respect to one or more of the following features: cubical contents; gross floor area; height of building or height of roof; other significant design features, such as, but not limited to, construction material or quality or architectural design; or yard dimensions, provided that a finding of excessive dissimilarity or inappropriateness of design shall include not only that such dissimilarity or inappropriateness exists but also visual offensiveness, inappropriateness, inconsistency of design or other poor qualities of exterior design, including considerations of the harmony or discord of colors or materials or incompatibility of the proposed building or structure with the terrain on which it is to be located, including but not limited to excessive divergences of the height or levels of any part of the building or structure from the grade of the terrain that are of such a nature as to produce undesirable effects.
[3]
A finding that the building or structure for which the permit was requested, if erected or altered in accordance with the submitted plan, would not be in harmony with the purpose of this Subsection F; would be visually offensive or inappropriate by reason of poor quality of exterior design or inappropriateness of design in relation to any other building or structure; would mar the appearance of the area; would impair the use, enjoyment and desirability or reduce the values of properties in the area; would be detrimental to the character of the neighborhood; would prevent the most appropriate development and utilization of the site or of adjacent lands; or would adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community.
(b)
In disapproving any application, the Board may specify modifications in the design of the buildings or structures or any of them or in requirements as to yard or other dimensions that will be adequate to render the same acceptable under the provisions of this Subsection F.
(c)
In approving any application, the Board may impose appropriate conditions and safeguards designed to prevent undesirable effects.
(7)
Issuance of building permit. The Superintendent of Buildings shall only issue a building permit for which the application has been approved by the Board. If, within 90 days after the date on which an application has been duly filed, or within such longer period as may have been consented to by the applicant, the Board has not disapproved the same, the application shall be deemed denied.
[Amended 9-21-2010 by L.L. No. 1-2010]
(8)
Referral of subdivision plats to Board. Every subdivision plat filed with the Board of Trustees relating to the R-4 District shall be referred to the Board within 30 days after the date on which the same was fully filed, and the Board shall, within 120 days after said date of filing, report its recommendations thereon, if any, to the Board of Trustees. In considering any such plat, the Board may require the proposed developer of the land covered by the plat to submit a plan of proposed building development, including drawings showing the design of the exterior appearance of all proposed buildings and structures.
[Amended 9-21-2010 by L.L. No. 1-2010]
(9)
Appeals. Any person aggrieved by any action of the Board may appeal therefrom to the Zoning Board of Appeals of the Village. The Zoning Board of Appeals may reverse, modify or affirm the action of the Board.
(10)
Fees. Every application hereunder shall be accompanied by a fee payable to the Village Clerk/Treasurer in such amount as determined from time to time by resolution of the Board of Trustees.
(11)
Independent consultant; reimbursable expenses. The Board shall be permitted to hire an independent architectural consultant to advise it on any application it deems appropriate. The applicant shall be responsible for all consultant fees. No building permit shall be issued to the applicant until all expenses incurred by the Architectural Design Review Board for consultation fees (including but not limited to architectural and legal expenses) or other extraordinary expenses in connection with the review of an application are reimbursed to the Village by the applicant. At the time of application, the applicant shall deposit with the Village Clerk/Treasurer such amount to cover consultation fees and extraordinary expenses. In instances where such expenses are minimal, the requirement for reimbursement of expenses may be waived by resolution of the Architectural Design Review Board.
§ 470-10 R-MF Multifamily Residential District.
A.
Purpose. The R-MF Multifamily Residential District is designed primarily for low-rise multifamily residential developments at moderate densities.
B.
Permitted principal uses:
(1)
Multiple dwellings or apartment houses, in accordance with the following requirements:
(a)
The maximum gross density shall be 12 units per acre.
(b)
No principal building shall exceed 80 feet in any single plane or 160 feet in any one dimension.
(c)
Between any two buildings there shall be a distance equal to the average height of such buildings at the points where such buildings are nearest to each other; in all cases a minimum distance of 20 feet between all buildings, whether principal or accessory, shall be maintained.
(d)
Outdoor play areas shall be provided at a minimum of 25 square feet per unit with no aggregate of such space less then 300 square feet.
C.
Accessory uses. The following accessory uses on the same lot as the principal use shall be permitted in accordance with Article III:[1]
§ 470-11 R-WD Waterfront Residential District.
A.
Purpose. The purpose of the Waterfront Residential District is to provide a variety of low-rise multifamily residential uses at moderately high densities which are oriented to and take advantage of their waterfront location.
B.
Permitted principal uses:
(1)
One-family or two-family row houses or townhouses in accordance with the following standards:
(a)
The maximum gross density for attached single-family row houses shall be eight units per acre and the maximum gross density for attached two-family row houses shall be 12 units per acre.
(b)
No enclosed garages shall be provided in front of the residential units, nor shall direct access to a garage be permitted from the front. Enclosed garages may be permitted on the ground level or below the residential units, provided that access to such garage is provided from the rear or side of the unit.
(c)
No parking or driveways may be permitted in the front yard.
(d)
The yard setback between a residential building and a street shall be a maximum of 10 feet and may be zero feet.
(e)
Pedestrian access to the unit shall be directly from the sidewalk or by means of a short walkway or stairs, with the remaining front yard area landscaped with trees, shrubs and lawn.
(f)
Row houses or townhouses shall be a minimum of 20 feet in width.
(g)
Row house units, townhouse units or multifamily apartment units should either be parallel or perpendicular to the streets upon which they front.
(h)
Vehicular access may be provided by means of privately owned alleys to the rear of the residential building with a minimum width of 18 feet. Such alleys may provide access to rear-entry enclosed garages, to private detached garages or to parking courts located to the rear of such units. Such detached garages or parking areas shall be a minimum of 10 feet from all buildings and shall be screened from public streets by means of fences and landscaping.
(i)
The design of each row house unit, townhouse unit or stack of apartment units shall be varied, with differentiation in facade materials utilized and window and door placement and design. A consistent front facade setback and roofline shall be required. Roofs may be flat or peaked.
(j)
The use of natural facade material, such as stone, brick, wood, clapboard or shingles, or a combination thereof, and design styles which are compatible with Roslyn's historic architecture shall be required. The use of historic architectural and landscape treatments, including streetlamps, benches, porches, stairway railings, and fencing, shall be required.
(k)
No back-to-back or double-loaded corridor apartment buildings shall be permitted.
C.
Special uses. A building may be erected, altered or used for any purpose set forth in this subsection only when authorized by the Board of Trustees as a special use after a public hearing conducted by the Board of Trustees and for no other:
(1)
Multifamily apartments and/or residential health care facilities restricted to senior citizens in accordance with the WD-O Waterfront Development Overlay District requirements.
§ 470-12 R-C Residential Commercial District.
[Amended 9-21-2010 by L.L. No. 1-2010; 4-15-2014 by L.L. No. 6-2014]
A.
Purpose. The R-C Residential Commercial District is designed to allow a mix of residential single- and two-family uses and small traffic-generating commercial uses, along with limited mixed-use development.
[Amended 9-19-2023 by L.L. No. 2-2023]
C.
Special uses. A building may be erected, altered or used for any purpose set forth in this subsection only when authorized by the Board of Trustees as a special use after a public hearing conducted by the Board of Trustees and for no other:
(1)
Uses permitted as special uses in the R-3 One-Family Residential District.
(2)
Low-traffic-generating professional, general or business offices.
(3)
Low-traffic-generating specialty retail uses, such as home furnishing stores, art galleries, rug stores, antique stores, and showrooms.
(4)
Funeral parlors.
(5)
Pet grooming facilities.
[Added 9-19-2023 by L.L. No. 2-2023]
(6)
Residential apartments above a permitted use or uses on the ground floor, in accordance with the following standards:
[Added 9-19-2023 by L.L. No. 2-2023]
§ 470-13 C-V Village Commercial District.
[Amended 8-19-2003 by L.L. No. 2-2003; 9-21-2010 by L.L. No. 1-2010; 1-19-2016 by L.L. No. 1-2016]
A.
Purpose. The C-V Village Commercial District is intended to provide for small-scale retail trade and personal service establishments in a pedestrian-oriented downtown shopping environment, as well as restaurants, banks and professional, medical and service-oriented office uses. To retain the small-scale character of the district, no building with a footprint over 10,000 square feet or a gross floor area over 20,000 square feet shall be permitted.
B.
Permitted uses:
[Amended 9-19-2023 by L.L. No. 3-2023]
C.
Special uses. A building may be erected, altered or used for any purpose set forth in this subsection only when authorized by the Board of Trustees as a special use after a public hearing conducted by the Board of Trustees and for no other:
[Amended 9-19-2023 by L.L. No. 3-2023]
(1)
Food and drink establishments, subject to the following requirements:
(2)
Restaurants, but excluding drive-in or drive-through restaurants, subject to the following requirements:
(3)
Outdoor café, subject to the following requirements:
(a)
Adequate access for emergency response personnel must be allowed to the main entrance of the serving establishment from the outdoor serving area.
(b)
Adequate sidewalk access (at least four feet) must be maintained for easy passage of pedestrians on any public sidewalk or right-of-way.
(c)
Outdoor or patio-type furniture must be used; upholstered furniture is prohibited.
(d)
Street furniture (seating, tables, fencing, etc.) on the public sidewalk must be moved into the serving establishment when the outdoor cafe is not open for business.
(e)
Signage, in addition, to that permitted for the serving establishment, is prohibited.
(4)
Any establishment which provides live entertainment, either as a principal or accessory use.
(5)
Educational or quasi-educational establishments.
(6)
Churches or other places of worship.
(7)
Hotels.
(8)
Insurance agencies and real estate offices.
(9)
Professional and medical offices.
(10)
Residential use on the ground floor of an existing building, subject to the following requirements:
D.
Prohibited uses. The following uses are specifically prohibited in the district:
(1)
Any building with a footprint of over 10,000 square feet or a gross area of over 20,000 square feet.
(2)
Drive-in or drive-through establishments, including drive-in or drive-through banks and drive-in or drive-through restaurants.
(3)
Adult uses.
(4)
Automobile gasoline or service stations and automobile repair, sales or washing establishments.
(5)
Manufacturing, wholesale trade or warehouse establishments and bus or truck depots.
(6)
Storage establishments, including mini storage warehouses.
(7)
Utility establishments.
(8)
Parking decks.
§ 470-14 C-N Neighborhood Commercial District.
A.
Purpose. The C-N Neighborhood Commercial District is intended to provide small-scale retail trade and personal service establishments to serve the residents of the immediate neighborhood.
C.
Special uses. A building may be erected, altered or used for any purpose set forth in this subsection only when authorized by the Board of Trustees as a special use after a public hearing conducted by the Board of Trustees and for no other:
(1)
Uses permitted as special uses in the C-V Village Commercial District.
D.
Prohibited uses:
(1)
All uses which are prohibited in the C-V Village Commercial District shall be specifically prohibited in the C-N Neighborhood Commercial District, except that there shall be no restriction on the maximum size of the footprint or gross floor area of buildings in the district.
§ 470-15 C-H Highway Commercial District.
A.
Purpose. The C-H Highway Commercial District is intended to provide for comprehensively planned and designed highway-oriented shopping centers and freestanding commercial and office establishments which provide goods and services to regional customers.
B.
Permitted principal uses:
(1)
General executive and business offices.
(2)
New automobile sales establishments.
(3)
Designed shopping centers, in accordance with the following:
(a)
Permitted uses within the shopping center shall be limited to uses permitted in the C-V Village Commercial District.
(b)
No principal or accessory structure shall be nearer than 50 feet to a residential district. No parking or loading area shall be within 20 feet of a residential district.
(c)
Notwithstanding the provisions of Article III, on-site parking shall conform to the following requirements:
[1]
Parking lot areas shall be limited to the exclusive use of passenger vehicles;
[2]
No repair, fueling or service of any vehicles shall be permitted to occur outdoors; and
[3]
A twenty-foot buffer shall be provided adjacent to any residential district and a ten-foot buffer strip shall be provided in the front and side yards.
C.
Special uses. The following shall be permitted in a designed shopping center only when authorized by the Board of Trustees as a special use after conducting a public hearing:
(1)
Uses permitted as special uses in the C-V Village Commercial District.
D.
Prohibited uses:
(1)
All uses which are prohibited in the C-V Village Commercial District shall specifically be prohibited in the C-H Highway Commercial District, except that there shall be no restrictions on the maximum size of the footprint or gross floor area of buildings in the district.
E.
Accessory uses. The following accessory uses on the same lot as the principal use shall be permitted in accordance with Article III:
[Amended 9-21-2010 by L.L. No. 1-2010]
(1)
Uses customarily incidental to the above permitted and special uses and private, customer and employee parking and public parking areas (excluding parking decks).
§ 470-16 WMU Waterfront Mixed-Use District.
[Amended 9-21-2010 by L.L. No. 1-2010; 12-17-2013 by L.L. No. 5-2013]
A.
The continued restoration of water quality in Hempstead Harbor is of primary importance. Therefore, any new development will need to impose the smallest environmental footprint possible. As stated in the Village's Comprehensive Master Plan and the Village's Zoning Law, art, antique, furniture restoration and sales, studios and galleries should be encouraged. Mixed-use development (including residential) should be encouraged to enhance the traditional Village character and spur economic development.
B.
Permitted principal uses:
(1)
Residential apartments in accordance with the following standards:
(a)
The maximum gross density shall be 12 units per acre.
(2)
Retail stores. Retail stores shall only be permitted in this district for the first 600 feet running north from the intersection of Old Northern Boulevard and Lumber Road.
[Amended 9-19-2023 by L.L. No. 4-2023]
(3)
Furniture makers/restorers, antique/fine art auction houses, and craft studios.
(4)
Artist studios and galleries.
(5)
Nonmotorized water activities, including kayaking, canoeing, paddle boating and fishing.
C.
Accessory uses. The following accessory uses on the same lot as the principal use shall be permitted in accordance with Article III:
(1)
Uses customarily incidental to the above-permitted uses and private, customer and employee parking and public parking areas.
(2)
Ancillary showrooms and accessory retail space, such as for furniture makers/restorers with showrooms, antique/fine arts auction houses and craft studios with real displays.
§ 470-17 OSR Open Space Recreation District.
§ 470-18 HS-O Historic/Scenic Overlay District.
A.
Purpose and application. The purpose of the HS-O Historic/Scenic Overlay District is to protect the unique character, nature and scale of Roslyn's historic areas, buildings, structures, and streetscape. Any building may be erected, altered or used for any purpose in this section only after it has been reviewed by the Historic District Board of the Village of Roslyn, as provided for by and in accordance with Article VIII of this chapter.
B.
Special uses. The following shall be permitted only when authorized as a special use by the Board of Trustees after conducting a public hearing:
(1)
In nonresidential zones, the provision of off-street parking on a property separate and apart from the property upon which the principal use is located may be permitted, provided that all parking spaces are within 400 feet of the principal building which the off-street parking serves.
(2)
In the C-V Village Commercial District, apartments may be permitted above the first floor level in conjunction with ground floor retail or office uses. Such apartments shall meet the following requirements:
(a)
The gross density shall not exceed 12 units per acre.
(b)
Each apartment unit shall be comprised of one or more rooms with a private bath and kitchen facilities and shall be a minimum of 450 square feet in size.
(c)
Each apartment unit shall be completely separate from the ground floor retail or office uses and from other apartment units and shall have its own entrance.
(3)
Shared parking, shared driveways and shared access for two or more properties or for two or more uses may be permitted, provided that such properties are contiguous and within the same zoning district; however, in the C-V District such shared parking may be provided on noncontiguous properties, provided that they are within 400 feet of one another. Shared parking facilities shall provide the number of off-street parking spaces equal to the sum of the total off-street parking spaces required for each use or property. However, where the peak demand for parking for one use does not coincide with the peak demand for another use or uses which share that parking, the Board of Trustees shall have the discretion to lower the required amount of parking, provided that the applicant submits credible evidence that sufficient parking has been provided to serve the entire development during its peak parking demand.
§ 470-19 HP-O Hillside Protection Overlay District.
A.
Purpose. The purpose of the HP-O Hillside Protection Overlay District is to provide for the reasonable use of steep hillsides within residential zones. All property to be subdivided and/or otherwise developed within the Hillside Protection Overlay District shall be subject to the following additional review and development regulations. Such regulations shall include a public hearing and shall be applicable upon finding that the public health, safety and general welfare will be served and that sound development and zoning practice will thereby result.
B.
Permitted uses and layout of development.
(1)
Permitted uses in the HP-O Hillside Protection Overlay District shall be those permitted within the underlying districts, subject to the regulations and restrictions of the underlying districts and also subject to such additional conditions as deemed necessary to protect the public safety, health and welfare.
(2)
Residential parcels in the R-1 and R-2 Zones of greater than five acres that are partially or entirely in the HP-O Hillside Protection Overlay District at the time of the adoption of this chapter shall be subject to the following mandatory cluster requirements:
(a)
In the R-1 Low-Density Single-Family Residential District, the minimum permitted lot area in a residential cluster shall be 7,500 square feet and the maximum permitted lot area in a residential cluster shall be 8,500 square feet.
(b)
In the R-2 Medium-Density Single-Family Residential District, the minimum permitted lot area in a residential cluster shall be 5,000 square feet and the maximum permitted lot area in a residential cluster shall be 6,000 square feet.
(c)
The cluster subdivision shall be located on the most developable land on the tract, thereby preserving the most environmentally sensitive lands, such as steeply sloped lands or lands which are within scenic ridgelines, as undeveloped open space. At least 25% of the entire tract shall be undeveloped open space, preferably as a single parcel of contiguous open space, and in no case comprised of more than three separate portions of the tract. Such open space shall be preserved in its natural state and used for passive recreation uses, except that paths for walking, bicycling or horseback riding shall be permitted.
(d)
The applicant shall establish an organization for the ownership and/or maintenance of the common open space for the benefit of the owners or residents of the residential cluster.
C.
Maximum permitted density, intensity and coverage.
(1)
The maximum density, land use intensity, or coverage of the land with buildings may be less but shall be no greater than that permitted in the underlying districts. Maximum land use intensity shall be inversely proportionate to the steepness of the land so that the steeper the land the fewer the number of dwelling units permissible.
(2)
The applicant shall submit a map of the parcel to be developed indicating those areas with slopes in excess of a twenty-percent grade. Slopes shall be determined on the basis of contour intervals of two feet. Such a map shall provide the signature and/or seal of a professional engineer, architect, landscape architect or other qualified person. Final determination of the appropriateness and accuracy of the map shall be by the board responsible for reviewing the application.
(3)
For the purposes of the calculation of maximum permitted density in the HP-O Hillside Protection Overlay District, the maximum permitted density in the underlying single-family residential districts shall be presumed to be as follows: R-1 District: 3 1/2 units per acre; R-2 District: five units per acre. In the HP-O Hillside Protection Overlay District, the maximum density shall be reduced in accordance with the following table:
Percentage of Parcel with Slopes over 20% | Reduction of Maximum Density of Dwelling Units per Gross Acre | |
|---|---|---|
Less than 9.9% | As provided in current zoning | |
From 10% to 19.9% | 20% | |
From 20% to 34.9% | 30% | |
From 35% to 49.9% | 45% | |
From 50% to 74.9% | 60% | |
Greater than 75% | 75% |
D.
Additional development review requirements.
(1)
The proposed subdivision or site plan, including areas within which structures may be located, the height and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, and streets, driveways and all other physical features as shown on said plan or otherwise described, accompanied by a statement setting forth the nature of such modifications, changes or supplementations of existing zoning provisions as are not shown on said plan, shall be subject to review and public hearing.
(2)
On the filing of the plot in the office of the County Clerk, a copy shall be filed with the Village Clerk/Treasurer, who shall make appropriate notations and references to this chapter.
(3)
The applicant shall submit a preliminary layout, including but not limited to streets, if any, grades, and provision for collecting and discharging storm drainage in an amount acceptable to the Village Department of Public Works and in a manner which conforms to existing underlying zoning and the Village subdivision regulations.[1]
(4)
As a part of any development proposal within an HP-O Hillside Protection Overlay District, the applicant shall submit a grading, drainage and existing tree cover protection plan and program and other information deemed necessary. A building permit shall be obtained for all changes of grade in excess of six inches in accordance with § 190-4 of this Code. During grading and land development operations, suitable precautions shall be required to prevent soil erosion.[2]
(5)
In the review of plats under this section, particular attention shall be given to the preservation and enhancement of existing residences and/or interesting existing and potential views through such techniques as appropriate height, bulk, and spacing of structures, yard and lot coverage and other factors of good site planning.
(6)
Recognizing that hillside development may often result in highly visible results, particular attention shall be given to aesthetically good and sensitive architectural design so that buildings complement each other and are in keeping with the character of the Village.
(7)
A standard right-of-way width of 50 feet for any proposed road shall be required. Actual pavement width may be reduced in those cases deemed appropriate and where satisfactory arrangements for drainage, sight distance, safety and private maintenance are provided.
§ 470-20 WD-O Waterfront Development Overlay District.
[Amended 8-15-2006 by L.L. No. 3-2006; 2-6-2007 by L.L. No. 1-2007; 9-21-2010 by L.L. No. 1-2010; 12-17-2013 by L.L. No. 6-2013]
A.
Purpose. The purpose of the WD-O Waterfront Development Overlay District is to implement the Waterfront Plan as described in the Village Comprehensive Plan, to encourage development that derives value from and contributes to a waterfront and recreation theme, to strengthen linkages between the downtown and the waterfront, and to protect the waterfront's harbor, natural features and vistas. The use, layout and size of buildings that diminish the public enjoyment of waterfront views are to be discouraged.
B.
Special uses. In addition to those uses which are permitted in the underlying district, the following water-dependent uses shall be permitted in the WD-O Waterfront Development Overlay District, but only when authorized by the Board of Trustees as a special use after conducting a public hearing:
(1)
Flood-protection structures such as breakwaters and bulkheads.
(2)
Water-dependent nonmotorized recreational water activities, including kayaking, canoeing, paddle boating and fishing.
(3)
In the R-WD Waterfront Residential District north of the Roslyn viaduct, multifamily apartments and/or residential health care facilities restricted to senior citizens shall be permitted subject to the following requirements:
(a)
The minimum lot area shall be 80,000 square feet.
(b)
The minimum lot width shall be 200 feet.
(d)
The maximum building area shall be 25%.
(e)
The maximum lot coverage shall be 50%.
(f)
The maximum height shall be three stories, exclusive of an enclosed garage.
(g)
The maximum floor area ratio permitted shall be 0.4.
(h)
The maximum density permitted shall be 12 units per acre.
(i)
No single building shall be more than 200 feet long in any one dimension on a single plane.
(j)
Double-loaded corridor buildings shall be permitted.
C.
Development incentive bonuses.
(1)
This Subsection C is intended to give the Board of Trustees all powers set forth in New York State Village Law § 7-703.
(2) COMMUNITY BENEFITS OR AMENITIES INCENTIVE BONUSES INCENTIVE ZONING
Definitions. As used in this Subsection C, the following terms shall have the meanings indicated:
Adjustments to the permissible population density, area, height, open space, use or other provisions of this chapter for a specific purpose authorized by the Board of Trustees.
The system by which specific incentives or bonuses are granted to applicants pursuant to this Subsection C on condition that specific physical, social, or cultural benefits or amenities would inure to the benefit of the community.
(3)
Purpose. The purpose of this system of incentive bonuses shall be to advance the Village's specific physical, cultural and social policies in accordance with the Village's Comprehensive Plan and in coordination with other community planning mechanisms or land use techniques.
(4)
Applicable zoning districts. This system of development incentive bonuses shall be applicable to the WD-O District (Waterfront Development Overlay District).
(5)
Environmental impact statement. In the event that the Board of Trustees determines that a generic environmental impact statement is warranted pursuant to Village Law § 7-703, Subdivision 3d, any applicant for incentive bonuses shall pay a proportionate share of the cost, if any, of preparing an environmental impact statement, if so required, and such charge shall be added to any site-specific charge made pursuant to the provisions of § 8-0109 of the Environmental Conservation Law.
(6)
The Board of Trustees, following a public hearing, may provide incentive bonuses in accordance with the schedule below in exchange for the applicant providing one or more of the following facilities or amenities:
(a)
Public pedestrian and/or vehicular access to the waterfront and to water-dependent uses.
(b)
Restoration of the waterfront bulkhead.
(c)
Publicly accessible waterfront promenades.
(d)
Pedestrian linkages between contiguous uses or between the waterfront and downtown.
(e)
Publicly accessible open space and play areas, particularly on or close to the waterfront.
(f)
Road improvements, on-street parking, pathway pavers, street trees, sidewalk extensions in parking lanes to slow vehicular traffic, and other elements which make roads more pedestrian friendly.
(g)
Provision of streetscape elements such as lighting, furniture, and public art (e.g., murals) so as to enhance the historic image of the waterfront.
(h)
Landscape treatment along the water's edge which is self-sustaining or which requires minimal maintenance. In addition, landscape treatment designed to screen dedicated parking areas.
(i)
Restoration of wetlands.
(j)
Provision of road and/or traffic signalization and control improvements upon those public streets which may be impacted by the project or development.
(k)
Improvements to the Roslyn sewerage system, including but not limited to the repair, maintenance, reconstruction and expansion of the Roslyn pump station and repair and replacement of sewer lines.
(l)
Other site improvements which, in the opinion of the Board of Trustees, enhance the public's use and enjoyment of the waterfront.
(7)
For applicants who provide or make provision for the waterfront amenities and facilities in this Subsection C, the Board of Trustees may, at its discretion, award development incentive bonuses by increasing the density, coverage and floor area ratios up to the maximums indicated in the schedule below. The Board of Trustees may also, at its discretion, award development incentive bonuses by increasing building heights, varying required setbacks, allowing topographical changes, and varying permissible uses in the district.
Schedule of Development Incentive Bonuses Within the WD-O Waterfront Development Overlay Zone | |||||
|---|---|---|---|---|---|
Underlying District | Uses | Maximum Gross Density (units per acre) | Maximum Building Area | Maximum Lot Coverage | Maximum Floor Area Ratio |
R-WD | Single-family row houses | 16 | 40% | 60% | 0.70 |
Attached two-family row houses | 24 | 40% | 60% | 0.60 | |
Apartment houses* | 24 | 40% | 60% | 0.60 | |
C-V | All uses | 24 | 80% | — | 1.60 |
WMU | All uses | 24 | 50% | 80% | 0.60 |
NOTES: | |
|---|---|
* | Limited to apartments and/or residential health care facilities restricted to senior citizens in the R-WD Waterfront Residential District north of the Roslyn viaduct. |
(8)
Criteria for approval; methods required for determining the adequacy of community amenities. To evaluate the adequacy of the proposed benefits to be accepted in exchange for the requested incentives, the following information shall be provided by the applicant with its application for development incentive bonus approval:
(a)
A description of the proposed amenities outlining the benefits that will accrue to the community;
(b)
The economic value of the proposed amenities to the Village as compared with the economic value of the proposed incentives to the applicant;
(c)
A preliminary demonstration that there are adequate sewer, water, transportation, waste disposal and fire-protection facilities serving or proximate to the proposed development to handle the additional demands the incentive and amenity may place on such facilities beyond the demand that would otherwise occur with conventional subdivision development; and
(d)
An explanation as to the way in which the amenity will implement physical, social or cultural policies of the Comprehensive Plan and this chapter.
(9)
Procedure for obtaining incentive bonuses; application, review process, and imposition of terms and conditions. Applications for development bonuses shall be completed by each applicant and filed with the Village Department of Building and Code Enforcement along with the payment of any applicable fees. Authorization for development incentive bonuses shall be subject to approval by the Board of Trustees after a public hearing. Upon completion of the public hearing to consider the application for development incentive bonuses, the Board of Trustees shall grant or deny the application. The Board of Trustees shall determine whether the proposed amenities provide sufficient public benefit to provide the requested incentives. In the event that the Board of Trustees grants such application, it may impose such terms and conditions as are necessary to advance the Village's specific physical, cultural and social policies in accordance with the Village's Comprehensive Plan.
(10)
Public hearing; public notice. The Board of Trustees may, in its absolute discretion, summarily determine whether or not to consider (entertain) the application. If its determination is in the affirmative, it shall hold a public hearing to review an application submitted pursuant to this Subsection C. Public notice shall be given by publication in the official Village newspaper of such hearing at least 10 days prior to the date thereof.
[Amended 1-19-2016 by L.L. No. 2-2016]
(11)
If the Board of Trustees determines that a suitable community benefit or amenity is not immediately feasible or otherwise not practical, the Board of Trustees may require, in lieu thereof, a payment to the Village of a sum to be determined by the Board of Trustees. If cash is accepted in lieu of other community benefit or amenity, provisions shall be made for such sum to be deposited in a trust fund to be used by the Board of Trustees for specific community benefits authorized by the Board of Trustees.
(12)
In any instance in which a unit count incentive bonus beyond that allowed as-of-right in the Village's Code shall be granted for a residential or mixed-use development which incorporates five or more residential units, the applicant shall set aside at least 10% of such units for affordable workforce housing on site or shall otherwise comply with § 699-b of the New York State General Municipal Law. For purposes of this subsection, "affordable workforce housing" means housing for individuals and families at or below 100% of the median income for the Nassau-Suffolk primary metropolitan statistical area as defined by the federal Department of Housing and Urban Development. Affordable workforce housing units shall be of consistent design to those of the rest of the development. The applicant and its successors shall annually submit a certification to the Village that it is in compliance with § 699-b of the New York State General Municipal Law.
[Added 1-19-2016 by L.L. No. 3-2016]
D.
Waterfront setback requirements. The following setbacks shall be provided from the mean high tide in the WD-O District:
(1)
On the west side of the Roslyn Creek, a building setback of 25 feet to create a right-of-way for continuous public access.
(2)
On the east side of the Roslyn Creek, a setback of 75 feet to create a continuous public right-of-way in an open park setting. In any instance where the New York State Department of Environmental Conservation (DEC) prohibits the provision of such a public right-of-way within the required setback, such a setback shall be increased by 15 feet to provide a right-of-way for continuous public access.
§ 470-20.1 TMU Transit-Oriented Mixed-Use District.
[Added 10-20-2020 by L.L. No. 1-2020]
A.
Purpose. The purpose of the TMU Transit-Oriented Mixed-Use District is to encourage development that takes advantage of its proximity to the Long Island Railroad's Roslyn station and provides for a mix of uses appropriate for its unique location within the Village of Roslyn.
B.
Permitted principal uses:
(1)
Residential apartments in accordance with the following standards:
(a)
The maximum gross density shall be 30 units per acre, except as may be increased pursuant to Subsection D.
(b)
Residential apartments shall not be permitted along any street frontage at street level.
(c)
Residential apartments shall only be permitted on upper floors, or in portions of a building not directly fronting on a street.
(2)
Retail stores.
[Amended 9-19-2023 by L.L. No. 5-2023]
(3)
Personal service establishments.
[Amended 9-19-2023 by L.L. No. 5-2023]
(4)
Food and drink establishments.
[Amended 9-19-2023 by L.L. No. 5-2023]
(5)
Restaurants but excluding drive-in or drive-through restaurants.
[Amended 9-19-2023 by L.L. No. 5-2023]
(6)
Banks, financial institutions, insurance agencies and real estate offices, but excluding drive-through banks.
(8)
Mixed-use development in accordance with the following standards:
D.
Development incentive bonuses.
(1)
This Subsection D is intended to give the Board of Trustees all powers set forth in New York State Village Law § 7-703.
(2) COMMUNITY BENEFITS OR AMENITIES INCENTIVE BONSUSES AND INCENTIVE ZONING INCENTIVE BONUSES INCENTIVE ZONING
Definitions. As used in this Subsection D, the following terms shall have the meanings indicated:
Open space, parks, the amenities set forth in Subsection D(6), or other specific physical, social or cultural amenities, or cash in lieu thereof, as authorized by the Board of Trustees, which provide a benefit to the residents of the community.
Collectively referred to as "bonuses" in this Subsection D.
Adjustments to the permissible density, coverage, floor area ratios, parking requirements, setbacks, topographical changes, area, height, open space, use or other provisions of this chapter for a specific purpose authorized by the Board of Trustees.
The system by which specific incentives or bonuses are granted to applicants pursuant to this Subsection D on condition that specific physical, social, or cultural benefits or amenities would inure to the benefit of the community.
(3)
Purpose. The purpose of this system of bonuses shall be to advance the Village's specific physical, cultural and social policies in accordance with the Village's Comprehensive Plan and in coordination with other community planning mechanisms or land use techniques.
(4)
Applicable zoning districts. This system of bonuses shall be applicable to the TMU Transit-Oriented Mixed-Use District.
(5)
Environmental impact statement. In the event that the Board of Trustees determines that a generic environmental impact statement is warranted pursuant to Village Law § 7-703, Subdivision 3d, any applicant for bonuses shall pay a proportionate share of the cost, if any, of preparing an environmental impact statement, if so required, and such charge shall be added to any site-specific charge made pursuant to the provisions of § 8-0109 of the Environmental Conservation Law.
(6)
The Board of Trustees, following a public hearing, may provide bonuses in accordance with the schedule below in exchange for the applicant providing one or more of the following facilities or amenities: affordable workforce housing, open space, parks and recreational facilities, streetscape amenities, landscaping, road improvements, road and/or traffic signalization and control improvements upon those public streets which may be impacted by the project or development, on-street parking, street trees, sidewalk extensions in parking lanes to slow vehicular traffic, and other elements which make roads more pedestrian friendly, water and sewer system improvements, streetscape elements such as lighting, furniture, and public art so as to enhance the appearance of the station area, or other specific physical, social or cultural amenities, or cash in lieu thereof, of benefit to the residents of the Village authorized by the Board of Trustees.
(7)
For applicants who provide or make provision for amenities and facilities in this Subsection D, the Board of Trustees may, at its discretion, award bonuses by increasing the density, coverage and floor area ratios up to the maximums indicated in the schedule below. The Board of Trustees may also, at its discretion, award bonuses by increasing building heights, varying required setbacks, allowing topographical changes, and varying permissible uses in the district.
Schedule of Bonuses within the TMU Transit-Oriented Mixed-Use Zone |
|---|
Minimum yard to any property line: 0.5 feet |
Maximum building coverage: 80% |
Maximum lot coverage: 100% |
Maximum floor area ratio: 3.0 |
Maximum gross density: 60 units per acre |
Minimum parking for residential units: |
0 bedroom units: 1 per dwelling unit |
1 bedroom units: 1 per dwelling unit |
2 bedroom units: 1.5 per dwelling unit |
3+ bedroom units: 2 per dwelling unit |
No bonuses for parking for nonresidential uses. |
Other bonuses are at the discretion of the Board of Trustees. |
(8)
Criteria for approval; methods required for determining the adequacy of community amenities. To evaluate the adequacy of the proposed benefits to be accepted in exchange for the requested incentives, the following information shall be provided by the applicant with its application for bonuses approval:
(a)
A description of the proposed amenities outlining the benefits that will accrue to the community;
(b)
The economic value of the proposed amenities to the Village as compared with the economic value of the proposed incentives to the applicant;
(c)
A preliminary demonstration that there are adequate sewer, water, transportation, waste disposal and fire protection facilities serving or proximate to the proposed development to handle the additional demands the incentive and amenity may place on such facilities beyond the demand that would otherwise occur with as-of-right development; and
(d)
An explanation as to the way in which the amenity will implement physical, social or cultural policies of the Comprehensive Plan and this chapter.
(9)
Procedure for obtaining bonuses; application, review process, and imposition of terms and conditions. Applications for bonuses shall be completed by each applicant and filed with the Village Building Department along with the payment of any applicable fees. Authorization for bonuses shall be subject to approval by the Board of Trustees after a public hearing. Upon completion of the public hearing to consider the application for bonuses, the Board of Trustees shall grant or deny the application. The Board of Trustees shall determine whether the proposed amenities provide sufficient public benefit to provide the requested bonuses. In the event that the Board of Trustees grants such application, it may impose such terms and conditions as are necessary to advance the Village's specific physical, cultural, social and governmental policies.
(10)
Public hearing; public notice. The Board of Trustees may, in its absolute discretion, summarily determine whether or not to consider the application. If its determination is in the affirmative, it shall hold a public hearing to review an application submitted pursuant to this Subsection D. Public notice shall be given by publication in the official Village newspaper of such hearing at least 10 days prior to the date thereof.
(11)
If the Board of Trustees determines that a suitable community benefit or amenity is not immediately feasible or otherwise not practical, the Board of Trustees may require, in lieu thereof, a payment to the Village of a sum to be determined by the Board of Trustees. If cash is accepted in lieu of other community benefit or amenity, provisions shall be made for such sum to be deposited in a trust fund to be used by the Board of Trustees for specific community benefits authorized by the Board of Trustees.
(12)
In any instance in which a unit-count incentive bonus beyond that allowed as-of-right in the Village's Code shall be granted for a residential or mixed-use rental development which incorporates five or more residential units, the applicant shall set aside at least 20% of such units for affordable workforce housing on site. For purposes of this subsection, "affordable workforce housing" means housing for individuals and families at or below 120% of the median income for the Nassau-Suffolk primary metropolitan statistical area as defined by the federal Department of Housing and Urban Development (www.huduser.gov). Rent, including utilities, for each affordable workforce housing unit shall be no more than 30% of that household's income. Affordable workforce housing units shall be of consistent design to those of the rest of the development. The applicant and its successors shall annually submit a certification to the Village that it is in compliance with this requirement. Each applicant is required to engage in affirmative marketing to ensure outreach to racially and ethnically diverse households, including those who are least likely to apply. The applicant shall enter into a contract with a local housing group to administer the affordability of the housing units, and to monitor the rental of all units for compliance with the Village Code and New York State laws. A covenant setting forth the requirements of this Subsection D(12) in recordable form shall be executed by the applicant and filed by the applicant in the office of the Nassau County Clerk. The covenant shall be prepared by the applicant and submitted to the Village Attorney for approval as to form and content. This Subsection D(12) shall not in any way relieve applicant of its requirement to comply with New York State General Municipal Law § 699-b, but is intended to provide additional requirements for the provision of affordable workforce housing.
E.
Bulk requirements for the TMU District shall be as follows:
(1)
Minimum lot area shall be 30,000 square feet.
(2)
Minimum lot width shall be 200 feet.
(3)
Minimum front yard facing Railroad Avenue and Warner Avenue shall be zero feet.
(4)
Minimum yard to any other property line shall be five feet.
(5)
Maximum building coverage shall be 60%.
(6)
Maximum lot coverage shall be 80%.
(7)
Maximum building height shall be 40 feet.
(8)
Maximum floor area ratio shall be 2.0.
(9)
Maximum density shall be 30 units per acre.