[Amended 4-5-1965 by Ord. No. 105]
A. For the purpose of this chapter, the Village of Great
Neck Estates is hereby divided into the following classes of districts
designated as follows:
[Amended 2-14-2004 by L.L. No. 2-2005]
Residence A District
|
Residence B District
|
Residence BB District
|
Residence BC Intermediate District
|
Residence C District
|
Business D District
|
B. Such districts are as shown on the Zoning Map which
accompanies this chapter and which is hereby declared to be a part
hereof, as the same has been or may hereafter be amended. The districts designated on said map are hereby established.
No building or part of a building shall be erected,
altered or used except in conformity with the regulations herein prescribed
for the district in which such building is located. No premises shall
be used for any purpose other than a purpose permitted in the district
in which such premises is located.
No lot shall be sold, divided or set off in
such a manner that either the portion sold, divided or set off, or
the portion remaining:
A. Shall be less than the minimum size prescribed by
the regulations relating to the district in which it is situated;
or
B. Shall fail to provide the yards or other open spaces
required by the regulations relating to the district in which it is
situated in respect to any building or use then existing; or
C. Shall fail to provide the minimum building area required
by the regulations relating to the district in which it is situated
in respect to any building or use then existing; or
D. Shall contain any building or use not permitted by
the provisions of this chapter; or
E. Shall fail to have the street frontage required by
the regulations relating to the district in which the lot or any part
thereof is situated; or
F. Shall directly or indirectly violate any of the terms
or conditions heretofore or hereafter imposed by the Board of Appeals
in granting a variance or special exception under the provisions of
this chapter or upon an appeal under the provisions of the Village
Law;
unless the portion which fails to comply with
the foregoing requirements is added to and becomes part of an adjoining
lot in such a way that the adjoining lot, as so enlarged, complies
with all of such requirements.
|
[Added 4-8-2019 by L.L.
No. 2-2019]
No building or premises in any district of the Village shall
be used, and no building shall be erected or altered, for or in furtherance
of:
A. The sale,
dispensing, or consumption of any good, substance, material or product,
whether as a principal, primary, accessory, incidental or ancillary
use of the building or premises, 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.
In the Residence A District the following regulations
shall apply:
A. Uses. No building shall be erected, altered or used
and no lot or premises shall be used except for one of the following
purposes:
[Amended 10-5-1981 by L.L. No. 4-1981; 2-14-2004 by L.L. No. 2-2005; 1-6-2014 by L.L. No. 2-2014; 3-14-2016 by L.L. No. 2-2016]
(1) A dwelling for not more than one family.
(2) Municipal parks, municipal playgrounds and municipal recreational
areas and buildings accessory thereto.
(3) Governmental and municipal purposes, including Village Hall, police
booths, sheds and other facilities for the storage of Village vehicles,
equipment and supplies, municipal docks and landings.
(4) School buildings owned, operated and maintained by a duly constituted
school district.
(5) Uses accessory to the principal use to which such building, lot or premises is devoted, subject to the conditions and regulations set forth in §
230-16 of this chapter and subject to any additional conditions and regulations applicable to specific classes of accessory uses, including the following:
(a)
If lawfully existing on January 1, 2016, the office of a person practicing one of the professions enumerated in §
230-17 who occupies as a principal residence the principal dwelling on the property where such office is situated.
[1]
No such use lawfully existing pursuant to this subsection may
continue on or after July 1, 2016, unless the owner of the property
where such use is claimed to exist shall register such use with the
Village Clerk on or before July 1, 2016, on a form to be provided
by such Clerk. Such registration shall include the full name and other
identifying information of the owner of such property and each professional
and employee engaged in the conduct of such use. In the event such
use is not registered as required by this subsection, it shall be
presumed that use commenced on or after January 1, 2016, and such
use shall be unlawful and shall be discontinued.
[Amended 4-11-2016 by L.L. No. 5-2016]
[2]
In the event there shall be any change in the owner, professional
or employee(s) registered as owning such property or engaging in such
use, the owner of the property on which such use is being conducted
shall notify the Village Clerk, in writing, 15 days after such change
and provide current updated information for such registration.
(c)
Real estate signs, advertising only the premises on which they
are maintained, for sale, lease or rental.
(d)
A fence or wall, including a retaining wall.
(e)
A private swimming pool limited to the personal use of the family
of the owner or occupant of the principal building or establishment
and their house servants and guests.
(f)
Living quarters may be permitted in lawful accessory buildings,
including garages, only for the full-time servant or servants of the
occupant(s) of the principal building, employed only to provide services
in the principal residence. Living quarters so occupied may include
separate housekeeping units for such servants. Such living quarters
shall not be occupied by any person other than such full-time servant
or servants.
[1]
No occupancy of living quarters in an accessory building shall
commence or be established on or after January 1, 2014, without a
special use permit from the Board of Trustees.
[2]
On or before February 1, 2014, the owner of any property where
living quarters exist in any accessory building on December 31, 2013,
shall register such living quarters with the Village Clerk, and such
registration shall include the full name and other identifying information
of each occupant of such living quarters and the status of each such
occupant which entitles such occupant to reside in such living quarters.
In the event a living quarters is not registered as required by this
subsection, the right to continue any use of the accessory building
for such living quarters shall terminate on February 1, 2014, unless
a special use permit is obtained from the Board of Trustees. In the
event any use of an accessory building for living quarters claimed
to exist on December 31, 2013, is not registered as required by this
section, it shall be presumed that use commenced on or after January
1, 2014, and the continuation or resumption of such occupancy or use
shall require a special permit pursuant to this section.
[3]
In the event of any change in the persons occupying any living
quarters in an accessory building, the owner of the property on which
such building is located shall notify the Village Clerk within 10
days of such change, including the name of each person who no longer
resides in such accessory building and the name, other identifying
information and status of each person who has commenced residency
in such building.
[4]
In the event the owner of property on which living quarters
are located in an accessory building fails to register pursuant to
this section on or before February 1, 2014, the right to continue
or resume use of such living quarters shall terminate on such date.
Thereafter, no occupancy of such accessory building for living quarters
shall be permitted without a special use permit from the Board Trustees.
B. Height. No building having a pitched roof shall be
erected or altered which is higher than 2 1/2 stories and 33 feet.
No building having a flat roof shall be erected or altered which is
higher than two stories and 24 feet. The minimum incline qualifying
as a pitched roof shall be six inches in vertical rise for every 12
inches of horizontal distance (6:12). In addition, the maximum vertical
dimension from the mean ground level to the uppermost front eave shall
not exceed 20 feet.
[Amended 9-12-1994 by L.L. No. 5-1994; 11-14-2002 by L.L. No. 2-2002; 11-14-2006 by L.L. No. 11-2006]
C. Size of lot. No principal building or use, together
with its accessory buildings or uses, shall be erected upon or shall
occupy a lot or piece of ground having an area of less than 19,360
square feet.
D. Building area. No principal building, together with
its accessory buildings, shall occupy in the aggregate more than 20%
of the area of the lot. The total area occupied by accessory buildings
shall not exceed 7% of the area of the lot.
[Amended 9-12-1994 by L.L. No. 5-1994]
E. Front yards. Where two or more buildings exist on
the same side of the street with, and within 200 feet of, any part
of a lot on which construction or alteration of a building is proposed,
the front building line of the building which is proposed to be constructed
or altered shall conform substantially to those of such existing buildings,
except that no such building proposed to be constructed or altered
need be set back more than 50 feet from the street line, and no such
building proposed to be constructed or altered shall have its front
wall nearer to the street line than 30 feet.
[Amended 2-14-2004 by L.L. No. 2-2005]
F. Rear yards. The minimum distance between the rear
line and the rear wall of the building at any point shall not be less
than the height of the wall at such point, but in no event less than
30.0 feet plus an additional 0.25 foot for each foot or part thereof
by which the depth of the lot exceeds 100 feet.
[Amended 7-11-2005 by L.L. No. 7-2005]
G. Side yards. Except in the case of a corner lot, two
side yards shall be provided on each lot, each of which shall be at
least 22 feet, and the aggregate of which shall be at least 45 feet
plus an additional 0.4 foot for each foot or part thereof by which
the width of the lot exceeds 110 feet.
[Amended 7-11-2005 by L.L. No. 7-2005]
H. Street frontage. No building shall be erected on a
lot having a street frontage of less than 110 feet. No lot shall have
a street frontage less than 90%, nor more than 110%, of the width
of the lot at the rear lot line.
[Amended 5-8-1989 by L.L. No. 5-1989]
I. Floor area ratio (FAR).
[Added 9-12-1994 by L.L. No. 5-1994]
(1) The FAR shall not require a lot in the A District
to have a gross floor area (GFA) less than 6,000 square feet. The
FAR standards shall be as follows:
|
Lot Size
(square feet)
|
Maximum FAR
|
Maximum GFA Permitted
(square feet)
|
---|
|
20,500 and under
|
0.33
|
6,000 - 6,765
|
|
20,501 - 22,000
|
0.32
|
6,766 - 7,040
|
|
22,001 - 23,500
|
0.31
|
7,041 - 7,285
|
|
23,501 - 25,000
|
0.30
|
7,286 - 7,500
|
|
25,001 - 30,000
|
0.29
|
7,501 - 8,700
|
|
Over 30,000
|
0.28
|
Over 8,700, but not to exceed 9,000
|
(2) Notwithstanding the foregoing provisions of this subsection, for a non-corner lot where the depth of the lot is more than two times the width of the lot, the portion of the lot area located farther than two times the width of the lot from the street line shall be reduced by 15% in computing the maximum gross floor area permitted for the lot. Also see §
230-37 of this chapter.
[Added 11-14-2002 by L.L. No. 2-2002]
J. Height:setback ratio. The height:setback ratio for
the front, side and rear yards shall not exceed 0.8, 1.2 and 0.8,
respectively.
[Added 9-12-1994 by L.L. No. 5-1994; amended 7-11-2005 by L.L. No. 7-2005]
In the Residence B District the following regulations
shall apply:
A. Uses. No building shall be erected, altered or used
and no lot or premises shall be used except for one of the purposes
permitted in the Residence A District.
B. Height. No building having a pitched roof shall be
erected or altered which is higher than 2 1/2 stories and 33 feet.
No building having a flat roof shall be erected or altered which is
higher than two stories and 24 feet. The minimum incline qualifying
as a pitched roof shall be six inches in vertical rise for every 12
inches of horizontal distance (6:12). In addition, the maximum vertical
dimension from the mean ground level to the uppermost front eave shall
not exceed 20 feet.
[Amended 9-12-1994 by L.L. No. 5-1994; 11-14-2002 by L.L. No. 2-2002; 11-14-2006 by L.L. No. 11-2006]
C. Size of lot. No principal building or use, together
with its accessory buildings, shall be erected upon or shall occupy
a lot or piece of ground having an area of less than 12,900 square
feet.
D. Building area. No principal building, together with
its accessory buildings, shall occupy in the aggregate more than 22%
of the area of the lot. The total area occupied by accessory buildings
shall not exceed 7% of the area of the lot.
[Amended 9-12-1994 by L.L. No. 5-1994]
E. Front yards. Where two or more buildings exist on
the same side of the street with, and within 200 feet of, any part
of a lot on which construction or alteration of a building is proposed,
the front building line of the building which is proposed to be constructed
or altered shall conform substantially to those of such existing buildings,
except that no such building proposed to be constructed or altered
need be set back more than 50 feet from the street line, and no such
building proposed to be constructed or altered shall have its front
wall nearer to the street line than 30 feet.
[Amended 2-14-2004 by L.L. No. 2-2005]
F. Rear yards. The minimum distance between the rear
line and the rear wall of the building at any point shall not be less
than the height of the wall at such point, but in no event less than
30.0 feet plus an additional 0.25 foot for each foot or part thereof
by which the depth of the lot exceeds 100 feet.
[Amended 11-14-2002 by L.L. No. 2-2002; 7-11-2005 by L.L. No. 7-2005]
G. Side yards. Except in the case of a corner lot, two
side yards shall be provided on each lot, each of which shall be at
least 15 feet, and the aggregate of which shall be at least 35 feet
plus an additional 0.4 foot for each foot or part thereof by which
the width of the lot exceeds 90 feet.
[Amended 7-11-2005 by L.L. No. 7-2005]
H. Street frontage. No building shall be erected on a
lot having a street frontage of less than 90 feet. No lot shall have
a street frontage less than 90%, nor more than 110%, of the width
of the lot at the rear lot line.
[Amended 5-8-1989 by L.L. No. 5-1989]
I. Floor area ratio (FAR).
[Added 9-12-1994 by L.L. No. 5-1994; amended 11-14-2002 by L.L. No. 2-2002]
(1) The FAR shall not require a lot in the B District
to have a gross floor area (GFA) less than 4,700 square feet. The
FAR standards shall be as follows:
|
Lot Size
(square feet)
|
Maximum FAR
|
Maximum GFA Permitted
(square feet)
|
---|
|
14,000 and under
|
0.37
|
4,700 - 5,180
|
|
14,001 - 15,500
|
0.36
|
5,181 - 5,580
|
|
15,501 - 17,000
|
0.35
|
5,581 - 5,950
|
|
17,001 - 18,500
|
0.34
|
5,951 - 6,290
|
|
18,501 - 20,000
|
0.33
|
6,291 - 6,600
|
|
Over 20,000
|
0.32
|
Over 6,600, but not to exceed 8,250
|
(2) Notwithstanding the foregoing provisions of this subsection, for a non-corner lot where the depth of the lot is more than two times the width of the lot, the portion of the lot area located farther than two times the width of the lot from the street line shall be reduced by 15% in computing the maximum gross floor area permitted for the lot. Also see §
230-37 of this chapter.
J. Height:setback ratio. The height:setback ratio for
the front, side and rear yards shall not exceed 0.8, 1.4 and 0.8,
respectively.
[Added 9-12-1994 by L.L. No. 5-1994; amended 7-11-2005 by L.L. No. 7-2005]
In the Residence BB District the following regulations
shall apply:
A. Uses. No building shall be erected, altered or used
and no lot or premises shall be used except for one of the purposes
permitted in the Residence A District.
B. Height. No building having a pitched roof shall be
erected or altered which is higher than 2 1/2 stories and 33 feet.
No building having a flat roof shall be erected or altered which is
higher than two stories and 24 feet. The minimum incline qualifying
as a pitched roof shall be six inches in vertical rise for every 12
inches of horizontal distance (6:12). In addition, the maximum vertical
dimension from the mean ground level to the uppermost front eave shall
not exceed 20 feet.
[Amended 9-12-1994 by L.L. No. 5-1994; 11-14-2002 by L.L. No. 2-2002; 11-14-2006 by L.L. No. 11-2006]
C. Size of lot. No principal building or use, together
with its accessory buildings or uses, shall be erected upon or shall
occupy a lot or piece of ground having an area of less than 10,000
square feet.
D. Building area. No principal building, together with
its accessory buildings, shall occupy in the aggregate more than 23%
of the area of the lot. The total area occupied by accessory buildings
shall not exceed 7% of the area of the lot.
[Amended 9-12-1994 by L.L. No. 5-1994]
E. Front yards. Where two or more buildings exist on
the same side of the street with, and within 200 feet of, any part
of a lot on which construction or alteration of a building is proposed,
the front building line of the building which is proposed to be constructed
or altered shall conform substantially to those of such existing buildings,
except that no such building proposed to be constructed or altered
need be set back more than 50 feet from the street line, and no such
building proposed to be constructed or altered shall have its front
wall nearer to the street line than 30 feet.
[Amended 2-14-2004 by L.L. No. 2-2005]
F. Rear yards. The minimum distance between the rear
line and the rear wall of the building at any point shall not be less
than the height of the wall at such point, but in no event less than
30.0 feet plus an additional 0.25 foot for each foot or part thereof
by which the depth of the lot exceeds 100 feet.
[Amended 11-14-2002 by L.L. No. 2-2002; amended 7-11-2005 by L.L. No. 7-2005]
G. Side yards. Except in the case of a corner lot, two
side yards shall be provided on each lot, each of which shall be at
least 15 feet, and the aggregate of which shall be at least 30 feet
plus an additional 0.4 foot for each foot or part thereof by which
the width of the lot exceeds 80 feet.
[Amended 7-11-2005 by L.L. No. 7-2005]
H. Street frontage. No building shall be erected on a
lot having a street frontage of less than 80 feet. No lot shall have
a street frontage less than 90%, nor more than 110%, of the width
of the lot at the rear lot line.
[Amended 5-8-1989 by L.L. No. 5-1989]
I. Floor area ratio (FAR).
[Added 9-12-1994 by L.L. No. 5-1994; amended 11-14-2002 by L.L. No. 2-2002]
(1) The FAR shall not require a lot in the BB District
to have a gross floor area (GFA) less than 3,900 square feet. The
FAR standards shall be as follows:
|
Lot Size
(square feet)
|
Maximum FAR
|
Maximum GFA Permitted
(square feet)
|
---|
|
10,500 and under
|
0.40
|
3,900 - 4,200
|
|
10,501 - 12,000
|
0.39
|
4,201 - 4,680
|
|
12,001 - 13,500
|
0.38
|
4,681 - 5,130
|
|
13,501 - 15,000
|
0.37
|
5,131 - 5,550
|
|
Over 15,000
|
0.36
|
Over 5,550, but not to exceed 7,400
|
(2) Notwithstanding the foregoing provisions of this subsection, for a non-corner lot where the depth of the lot is more than two times the width of the lot, the portion of the lot area located farther than two times the width of the lot from the street line shall be reduced by 15% in computing the maximum gross floor area permitted for the lot. Also see §
230-37 of this chapter.
J. Height:setback ratio. The height:setback ratio for
the front, side and rear yards shall not exceed 0.8, 1.4 and 0.8,
respectively.
[Added 9-12-1994 by L.L. No. 5-1994; amended 7-11-2005 by L.L. No. 7-2005]
In the Residence BC Intermediate District the
following regulations shall apply:
A. Uses. No building shall be erected, altered or used
and no lot or premises shall be used except for one of the purposes
permitted in the Residence A District.
B. Height. No building having a pitched roof shall be
erected or altered which is higher than 2 1/2 stories and 33 feet.
No building having a flat roof shall be erected or altered which is
higher than two stories and 24 feet. The minimum incline qualifying
as a pitched roof shall be six inches in vertical rise for every 12
inches of horizontal distance (6:12). In addition, the maximum vertical
dimension from the mean ground level to the uppermost front eave shall
not exceed 20 feet.
[Amended 9-12-1994 by L.L. No. 5-1994; 11-14-2002 by L.L. No. 2-2002; 11-14-2006 by L.L. No. 11-2006]
C. Size of lot. No principal building or use, together
with its accessory buildings or uses, shall be erected upon or shall
occupy a lot or piece of ground having an area of less than 8,500
square feet.
D. Building area. No principal building, together with
its accessory buildings, shall occupy in the aggregate more than 24%
of the area of the lot. The total area occupied by accessory buildings
shall not exceed 7% of the area of the lot.
[Amended 9-12-1994 by L.L. No. 5-1994]
E. Front yards. Where two or more buildings exist on
the same side of the street with, and within 200 feet of, any part
of a lot on which construction or alteration of a building is proposed,
the front building line of the building which is proposed to be constructed
or altered shall conform substantially to those of such existing buildings,
except that no such building proposed to be constructed or altered
need be set back more than 50 feet from the street line, and no such
building proposed to be constructed or altered shall have its front
wall nearer to the street line than 30 feet.
[Amended 2-14-2004 by L.L. No. 2-2005]
F. Rear yards. The minimum distance between the rear
line and the rear wall of the building at any point shall not be less
than the height of the wall at such point, but in no event less than
25.0 feet plus an additional 0.25 foot for each foot or part thereof
by which the depth of the lot exceeds 100 feet."
[Amended 11-14-2002 by L.L. No. 2-2002; 7-11-2005 by L.L. No. 7-2005]
G. Side yards. Except in the case of a corner lot, two
side yards shall be provided on each lot, each of which shall be at
least 12 feet, and the aggregate of which shall be at least 25 feet
plus an additional 0.4 foot for each foot or part thereof by which
the width of the lot exceeds 70 feet.
[Amended 7-11-2005 by L.L. No. 7-2005]
H. Street frontage. No building shall be erected on a
lot having a street frontage of less than 70 feet. No lot shall have
a street frontage less than 90%, nor more than 110%, of the width
of the lot at the rear lot line.
[Amended 5-8-1989 by L.L. No. 5-1989]
I. Floor area ratio (FAR).
[Added 9-12-1994 by L.L. No. 5-1994; amended 11-14-2002 by L.L. No. 2-2002]
(1) The FAR shall not require a lot in the BC District
to have a gross floor area (GFA) less than 3,500 square feet. The
FAR standards shall be as follows:
|
Lot Size
(square feet)
|
Maximum FAR
|
Maximum GFA Permitted
(square feet)
|
---|
|
9,000 and under
|
0.42
|
3,500 - 3,780
|
|
9,001 - 10,500
|
0.41
|
3,781 - 4,305
|
|
10,501 - 12,000
|
0.40
|
4,306 - 4,800
|
|
12,001 - 15,000
|
0.39
|
4,801 - 5,850
|
|
Over 15,000
|
0.38
|
Over 5,850, but not to exceed 6,200
|
(2) Notwithstanding the foregoing provisions of this subsection, for a non-corner lot where the depth of the lot is more than two times the width of the lot, the portion of the lot area located farther than two times the width of the lot from the street line shall be reduced by 15% in computing the maximum gross floor area permitted for the lot. Also see §
230-37 of this chapter.
J. Height:setback ratio. The height:setback ratio for
the front, side and rear yards shall not exceed 0.8, 1.5 and 0.8,
respectively.
[Added 9-12-1994 by L.L. No. 5-1994; amended 7-11-2005 by L.L. No. 7-2005]
In a Residence C District the following regulations
shall apply:
A. Uses. No building shall be erected, altered or used
and no lot or premises shall be used except for one of the following
purposes:
(1) Uses permitted in a Residence A District.
B. Height. No building having a pitched roof shall be
erected or altered which is higher than 2 1/2 stories and 33 feet.
No building having a flat roof shall be erected or altered which is
higher than two stories and 24 feet. The minimum incline qualifying
as a pitched roof shall be six inches in vertical rise for every 12
inches of horizontal distance (6:12). In addition, the maximum vertical
dimension from the mean ground level to the uppermost front eave shall
not exceed 20 feet.
[Amended 9-12-1994 by L.L. No. 5-1994; 11-14-2002 by L.L. No. 2-2002; 11-14-2006 by L.L. No. 11-2006]
C. Size of lot. No principal building or use, together
with its accessory buildings, shall be erected upon or shall occupy
a lot or piece of ground having an area of less than 6,000 square
feet.
D. Building area. No principal building or use, together
with its accessory buildings or uses, shall occupy in the aggregate
more than 25% of the area of the lot. The total area occupied by accessory
buildings or uses shall not exceed 7% of the area of the lot.
E. Front yards. Where two or more buildings exist on
the same side of the street with, and within 200 feet on either side
of, a proposed or new building, the front building line of such proposed
or new building shall conform substantially to those of existing buildings,
except that no building need be set back more than 50 feet from the
street line, and no building shall have its front wall nearer to the
street line than 20 feet. These requirements shall also apply to any
alteration which affects the front building line of an existing building.
F. Rear yards. The minimum distance between the rear
line and the rear wall of the building at any point shall not be less
than the height of the wall at such point, but in no event less than
20.0 feet plus an additional 0.25 foot for each foot or part thereof
by which the depth of the lot exceeds 100 feet.
[Amended 11-14-2002 by L.L. No. 2-2002; 7-11-2005 by L.L. No. 7-2005]
G. Side yards. Except in the case of a corner lot, two
side yards shall be provided on each lot, each of which shall be at
least 10 feet, and the aggregate of which shall be at least 20 feet
plus an additional 0.4 foot for each foot or part thereof by which
the width of the lot exceeds 60 feet.
[Amended 7-11-2005 by L.L. No. 7-2005]
H. Street frontage. No building shall be erected on a
lot having a street frontage of less than 60 feet. No lot shall have
a street frontage less than 90%, nor more than 110%, of the width
of the lot at the rear lot line.
[Amended 5-8-1989 by L.L. No. 5-1989]
I. Floor area ratio (FAR).
[Added 9-12-1994 by L.L. No. 5-1994; amended 11-14-2002 by L.L. No. 2-2002]
(1) The FAR shall not require a lot in the C District
to a gross floor area (GFA) less than 2,700 square feet. The FAR standards
shall be as follows:
|
Lot Size
(square feet)
|
Maximum FAR
|
Maximum GFA Permitted
(square feet)
|
---|
|
7,000 and under
|
0.44
|
2,700 - 3,080
|
|
7,001 - 8,500
|
0.43
|
3,081 - 3,655
|
|
8,501 - 10,000
|
0.42
|
3,656 - 4,200
|
|
Over 10,000
|
0.41
|
Over 4,200, but not to exceed 5,200
|
(2) Notwithstanding the foregoing provisions of this subsection, for a non-corner lot where the depth of the lot is more than two times the width of the lot, the portion of the lot area located farther than two times the width of the lot from the street line shall be reduced by 15% in computing the maximum gross floor area permitted for the lot. Also see §
230-37 of this chapter.
J. Height:setback ratio. The height:setback ratio for
the front, side and rear yards shall not exceed 1.0, 1.8 and 1.0,
respectively.
[Added 9-12-1994 by L.L. No. 5-1994; amended 7-11-2005 by L.L. No. 7-2005]
[Amended 5-22-1966 by Ord. No. 108; 6-6-1966 by Ord. No. 109; 8-6-1973 by Ord. No. 131; 5-16-1977 by L.L. No. 4-1977; 5-16-1977 by L.L. No. 5-1977; 8-6-1979 by L.L. No. 4-1979; 4-5-1982 by L.L. No. 3-1982; 6-7-1982 by L.L. No. 5-1982; 4-2-1990 by L.L. No. 2-1990]
The following regulations shall be applicable
in a Business D District:
A. Uses. No building shall be erected, altered or used,
and no lot or premises shall be used, in whole or in part, except
for one or more of the following purposes and in accordance with the
following regulations:
[Amended 3-9-1992 by L.L. No. 1-1992; 11-26-1996 by L.L. No. 12-1996]
(1) Uses permitted as of right:
(a)
Governmental or municipal use.
(b)
Retail sales of goods or merchandise (other
than food), or shops for the repair of goods and merchandise, provided
that such use shall not include the fabrication, manufacture, conversion
or alteration of any goods or merchandise except for sale to a retail
consumer, and further provided that such use shall not include a dry-cleaning
establishment.
[Amended 4-12-1999 by L.L. No. 3-1999]
(c)
Personal service establishments, such as a tailor,
dressmaker, barber, beauty salon or health club, but not including
a dry-cleaning establishment.
[Amended 4-12-1999 by L.L. No. 3-1999]
(d)
Bank or other financial institution.
(e)
Offices for business or professional use, but
not medical offices.
[Amended 10-6-2005 by L.L. No. 9-2005]
(f)
Art studio or art gallery.
(g)
Telephone exchange and telegraph offices.
(i)
Off-street parking facilities, provided without
charge for parking in such facilities, and only in conjunction with
and accessory to a lawful use on the same lot or premises.
(2) Conditional uses. The following uses may be conducted
with a permit from the Board of Trustees pursuant to this section:
(a)
Bakery, grocery store or delicatessen, including
seating for use of patrons.
(b)
Restaurant, for preparation and sale of food
to seated patrons for consumption on the premises. Such use may include
use of the premises for private parties during such hours and times
as the restaurant is authorized to be open. If expressly permitted
by the Board of Trustees, such use may include the incidental sale
of quickly prepared or preprepared foods for consumption off the premises,
or facilities for dancing or other musical or other entertainment.
Such restaurant uses shall also maintain such other licenses or permits
as may be required by law.
(c)
A use which, in the opinion of the Board of Trustees, is substantially similar to a use which is expressly permitted or conditionally permitted by this Code, provided that such use is not prohibited by this Code pursuant to Subsection
A(3) of this section or otherwise.
(d)
Dry-cleaning establishments.
[Added 4-12-1999 by L.L. No. 3-1999]
(e)
Medical offices.
[Added 10-6-2005 by L.L. No. 9-2005]
(3) Prohibited uses. Notwithstanding any other provision
of this section, the following uses are expressly prohibited in the
Business D district:
(a)
Sale of fresh fish and seafood, except as a
department of a general food store.
(d)
Sale or exhibition of pets, birds, live fish
or animals of any kind.
(e)
Animal hospital, veterinary establishment or
place for the boarding, keeping or care of pets, birds or other animals.
(f)
Open-front store or other place of business,
including any use where merchandise, goods, articles or food of any
kind is sold or delivered to persons located outdoors within the vicinity
of the building.
(g)
Outdoor sale or display of goods or merchandise
or food.
(h)
Stores or shops or other enterprises for the
sale of food or beverages, which provide or make available any facility
(including, but not limited to, parking or standing space for one
or more motor vehicles) for the consumption of food or beverages outside
the building or structure or for the service thereof from within the
building or structure to the exterior thereof.
(i)
Stores or shops or other establishments [other than a permitted bakery, grocery store, delicatessen or a use authorized pursuant to Subsection
A(2)(c) of this section] for the sale of food or beverages primarily for consumption off the premises, whether or not interior seating facilities are provided or available.
(j)
Outdoor parking of vehicles underneath all or
part of a building or structure or below grade.
(k)
Establishment, facility, shop, office, parlor, business or other
nonresidential premises, the primary or ancillary use of which includes
or is intended to include the smoking of tobacco, vegetable, herbal,
or other organic substances on the premises. Such prohibition shall
include smoking of substances through one or more hookah pipes (also
commonly referred to as a "hookah," "water pipe," "shisha," "narghile"
or "bong") or any other similar equipment or device.
[Added 8-6-2014 by L.L. No. 9-2014]
(l)
The sale, dispensing, or consumption of any good, substance,
material or product, whether as a principal, primary, accessory, incidental
or ancillary use of the building or premises, 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 not include the issuance of an order, authorization or prescription
for a good, substance, material or product by a person or entity duly
licensed to issue the same.
[Added 1-11-2016 by L.L.
No. 1-2016]
(4) Requirements for conditional use permits.
(a)
Where the Board of Trustees may authorize a
conditional use pursuant to this section, such use may be approved
only upon written application, on a form provided by the Village,
and in accordance with the same procedures as if such application
were for a permit to be issued by the Board of Appeals.
(b)
The Board of Trustees may impose reasonable
conditions upon any such permit, including reasonable limitations
for the duration of the permit, the days or hours during which such
conditional use may be conducted and such other conditions as may
be reasonably necessary for the protection of the public health, safety
and general welfare.
(c)
No use which is authorized by a conditional
use permit shall be changed to any other use unless such other use
is authorized pursuant to this section and, if required, a conditional
use permit is obtained for such other use. No use which is authorized
by a conditional use permit may be changed to a different use of the
same character, nor expanded to any other or different premises, without
the approval of the Board of Trustees pursuant to this section.
(5) Abandonment or discontinuance of conditional uses
or preexisting uses. If any otherwise lawful use of property not authorized
by the current provisions of this chapter is abandoned, such use shall
not thereafter be permitted to resume or commence except in accordance
with the provisions of this section. The discontinuance of any use
for any reason for a period of six months or longer shall be deemed
to be an abandonment of the use, unless the Board of Trustees determines
that the discontinuance was involuntary or unintentional.
B. Height and depth.
(1) No building shall be erected or altered which is higher
than 2 1/2 stories or more than 25 feet, whichever is less, above
ground level.
(2) No building shall be erected or altered which is lower
than one story or more than 10 feet, whichever is less, below ground
level.
C. Building area. No principal building or use, together
with its accessory buildings, shall occupy in the aggregate more than
75% of the lot at the curb level. A one-story building may occupy
more than 75% of the lot when authorized as a special exception by
the Board of Appeals.
D. Front yards. No building shall be hereafter erected
or altered which has any part of its front wall nearer to the street
line than 20 feet, with the following exceptions:
(1) No front yard is required on Middle Neck Road.
(2) A front yard of a minimum depth of 10 feet is required
on Cutter Mill Road.
E. Rear yards. Every building hereafter erected or altered
shall have a rear yard of a minimum depth of 10 feet.
F. Side yards. No side yards are required in a business
district.
G. Sewer. All buildings hereafter constructed shall be
connected with a public sanitary sewer. Disposal of sanitary wastes
on the property by cesspools, tile fields or otherwise is prohibited.
H. Parking spaces. No building shall be constructed or
altered or used unless the parking spaces are provided and maintained
as required by this chapter.
[Added 7-14-2003 by L.L. No. 2-2003]
A. In the Business D District, the Board of Trustees
may, in its sole discretion, and after a public hearing held as provided
in this section, change the zoning classification of property in the
Business D District to Business D Incentive District and permit a
lot or premises to be developed and used for Business D Incentive
Development as an incentive use, pursuant to Village Law § 7-703,
and for no other use except as otherwise provided herein. Any such
zoning classification also may include property owned or controlled
by the applicant and extending not more than 60 feet into an adjoining
Residence B District. Where property has been classified as a Business
D Incentive District by the Board of Trustees pursuant to this section,
such property may be used only for the Business D Incentive Zoning
Development use approved by the Board of Trustees and pursuant to
the conditions therein imposed by the Board of Trustees.
[Amended 10-5-2011 by L.L. No. 4-2011]
B. Nothing contained herein shall be construed to give
any right or presumption of right to zoning classification as a Business
D Incentive District property, or to a Business D Incentive Development
permit to any property owner or applicant.
C. No change of zone or 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 a Business
D 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, and shall pay all fees required for applications
for change of zone and for incentive use permits.
(2) An application for change of zone to Business D Incentive
District, and for an incentive use permit, pursuant to this section
shall be made no later than June 1, 2011 ("deadline date"). An application
for such permit made prior to the deadline date may be amended after
that date, but only with respect to the same property which was the
subject of the initial application.
[Amended 4-12-2004 by L.L. No. 3-2004; 4-11-2011 by L.L. No.
1-2011]
E. Buildings and land in the Business D Incentive District,
and used or developed pursuant to a Business D Incentive Development
permit, shall conform to all requirements for the Business D District,
except as otherwise permitted by this section, and by the incentive
use permit granted pursuant to this section. Notwithstanding the foregoing,
in accordance with the conditions stated in any Business D Incentive
Development permit granted by the Board of Trustees, the Board of
Trustees, with respect to property in a Business D Incentive District,
may:
(1) Allow development and use of such property for multiple-family
residences in accordance with the provisions specified in the Business
D Incentive Development permit, subject to the following restrictions:
(a)
The residential units shall be for not more
than a one-bedroom unit, and for two- or three-bedroom units, and
the total number of residential dwelling units shall not exceed one
unit for each 530 square feet of area of the lot on which the subject
property is located;
[Amended 5-9-2011 by L.L. No. 3-2011]
(b)
There shall be at least 1.0 parking space for
each residential unit. All such parking spaces, other than a handicapped
parking space, shall be required to have a size at least nine feet
by 18 feet. Handicapped parking spaces shall comply with applicable
legal requirements;
(c)
There shall be at least 1.0 parking space for
each 380 square feet of retail area on the property, but in any event
there shall be no less than two parking spaces for retail uses on
the property;
(d)
The maximum height of the building shall be
5.0 stories, or 56 feet, whichever is less;
(e)
The maximum permitted lot coverage shall be
97.0%;
(f)
No front, side or rear yard setbacks from the
property line shall be required;
(g)
All retail area at the site shall be at ground
level, and the minimum retail area on the site shall be 26.0% of the
lot area;
(h)
An access driveway shall have a width of at
least 18 feet;
(i)
No loading zone shall be necessary; and
(j)
The aisle adjacent to a parking space may be
no less than 21 feet.
(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 with respect to the Business
D Incentive Development, whether such variances are sought or authorized
prior to, or subsequent to, the issuance of the incentive use permit.
F. Further authority of the Board of Trustees. An incentive
use permit authorized by this section may be amended at any time after
it is granted, after written application and a public hearing in the
same manner as provided for the initial incentive use permit, provided
that:
(1) No such amendment shall pertain to property other
than that which is the subject of the incentive use permit.
(2) No such amendment shall permit development or use
of the subject property in any manner other than as provided in this
section or in the Business D Incentive District.
G. Provisions for public amenities.
(1) An applicant for an incentive permit for a Business
D 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.
[Added 01-12-2023 by L.L.
No. 1-2023]
A. The Board of Trustees may, in its sole discretion, and after a public
hearing held as provided in this section, change the zoning classification
of property located in the Business D District to Business Incentive
Overlay District ("Overlay District") as provided in this section,
and in such Overlay District permit a lot or premises to be developed
and used as an incentive use, pursuant to Village Law § 7-703,
and for no other use except as otherwise provided herein. Any such
zoning classification also may include adjoining property i) which
was in common ownership with the subject Business D District property
on the effective date of this section, and ii) extending not more
than 60 feet into an adjoining Residence B District. Where property
has been classified as a Business Incentive Overlay District by the
Board of Trustees pursuant to this section, such property may be used
only for the uses approved by the Board of Trustees in making such
classification, and pursuant to reasonable conditions therein imposed
by the Board of Trustees.
B. Property classified as Business Incentive Overlay District pursuant
to this section shall be identified for the purpose of this section
as either Overlay District A (properties north of Cedar Drive) or
Overlay District B (properties south of Cedar Drive). The provisions
of this section shall apply to those respective properties as provided
hereinafter.
C. Nothing contained herein shall be construed to give to any property
owner or applicant any right or presumption of right to zoning classification
as a Business Incentive Overlay District property, nor to an Incentive
Overlay development permit ("permit"). Such classification or permit
may be granted by the Board of Trustees solely in its discretion,
in the same manner as applicable to an application for change of zone.
D. No classification as a Business Incentive Overlay District, and no
Incentive Overlay development permit, shall be issued pursuant to
this section unless the Board of Trustees has made a determination
that all proposed uses of the subject property are authorized by this
section and that such permit is authorized and warranted under the
standards set forth herein. Such 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
considered as a change of zone. Review of each such application shall
include review pursuant to the State Environmental Quality Review
Act as may be required by law.
E. Applications.
(1)
An applicant for an Incentive Overlay development permit as
authorized by this section shall provide to the Board such information
as would be required of an applicant for a change of zone and shall
pay all fees and deposits required for applications for change of
zone and for incentive use permits.
(2)
Buildings and land to be used or developed pursuant to an Incentive
Overlay development permit shall conform to all requirements for the
Business D District, except as to incentives otherwise authorized
by an Incentive Overlay development permit granted pursuant to this
section, subject to conditions imposed by the Board of Trustees.
(3)
By applying for and accepting the benefits of an Incentive Overlay
District development permit pursuant to this section, an applicant
or property owner agrees and consents, on its own behalf and on behalf
of future owners of the property which is the subject of such permit,
that i) the future use and development of such property shall be in
all respects compliant with the provisions of this section and such
permit and ii) no application shall be made for any relaxation, relief
or variance of such provisions to any board or agency of the Village
of Great Neck Estates, except that applications may be made to the
Board of Trustees as provided in this section for amendment of the
permit.
F. In granting or amending a permit pursuant to this section, the Board
of Trustees may:
(1)
Allow development and use of such property in whole or in part
only for those business uses permitted in the Business D District,
except as otherwise provided in the permit and conditions contained
therein.
(2)
Allow development and use of such property in whole or in part
for multiple-family residences, or cooperative or condominium ownerships,
in accordance with the provisions specified in this section and the
permit.
(3)
In Overlay District A, allow or require:
(a)
Maximum building coverage not to exceed 50%.
(b)
No minimum commercial or retail area on the ground floor.
(c)
Maximum height not to exceed five stories or 55 feet, provided
that there shall be a minimum setback of eight feet for a fifth story.
(d)
Residential units totaling not more than one unit for each 800
square feet of lot area.
(e)
Minimum curb-to-building distance of 20 feet.
(f)
Minimum rear yard setback of 20 feet.
(g)
Combined side yard minimum setback of 20 feet, with a minimum
setback of 15 feet on one side.
(h)
Parking spaces numbering at least one space per residential
unit plus 0.25 space per bedroom, provided that no parking space shall
be located in a front yard setback.
(4)
In Overlay District B, allow or require:
(a)
Maximum building coverage not to exceed 75%.
(b)
Commercial or retail area not less than 75% of ground floor
area.
(c)
Maximum height not to exceed four stories or 45 feet, provided
that there shall be a minimum setback of eight feet for the fourth
story.
(d)
Residential units totaling not more than one unit for each 800
square feet of lot area.
(e)
Minimum curb-to-building distance of 10 feet.
(f)
Minimum rear yard setback of 20 feet.
(g)
No minimum side yard setback.
(h)
Parking spaces numbering at least one space per residential
unit, provided that no parking space shall be allowed in a front yard
setback.
(5)
When granting or amending any permit, allow or require:
(a)
Access driveways having a width of at least 18 feet.
(b)
Waiver, in whole or in part, of any requirement for loading
zones.
(c)
Parking spaces, other than handicapped parking spaces, which
have a size at least nine feet by 18 feet.
(d)
An aisle adjacent to a parking space having a width no less
than 21 feet.
(e)
Parking spaces to be located off-site, provided that they are
located in a municipal parking lot or lawfully located off-street
within 200 feet of the site.
(6)
When granting or amending any permit, the Board of Trustees
shall have authority, in its sole discretion, to grant minor waivers
or other relief from the restrictions of this section where the circumstances
of a particular property are such as to create unreasonable hardship
in the development of the property.
G. Permit amendments. A permit granted pursuant to this section may
be amended at any time after it is granted, after written application
and a public hearing, and otherwise subject to the same restrictions
and conditions, in the same manner as provided for in the initial
application, except that:
(1)
No amendment may include or pertain to property other than that
which is the subject of the permit.
(2)
No amendment shall permit development or use of the subject
property in any manner other than as provided in this section.
H. Provisions for public amenities.
(1)
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.
(2)
An applicant for a permit or an amendment to a permit pursuant
to this section shall include in any such application, in addition
to any other documents or plans for the development of property, a
proposal for the provision of public amenities, including facilities
for public use, and whether by transfer, gift, lease, easement or
otherwise. The determination whether any such proposal 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.
(3)
If the Board of Trustees, after public hearing, finds said proposal
to be feasible and acceptable and finds that said proposal 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 a permit authorized by this section.
(4)
If the Board of Trustees finds that such proposal is not feasible
or acceptable, or that there is insufficient public need for the proposed
amenities at the present time, the Board may require payment into
an incentive trust fund maintained by the Village in an amount determined
by the Board of Trustees, as provided by law.
I. Public hearing. No permit or amendment to such permit shall be granted
pursuant to this section except after a public hearing before the
Board of Trustees, except that the Board of Trustees, acting without
a public hearing, may grant an extension or enlargement of the time
in which an applicant is required to perform or complete any act.
Such public hearings shall be held and conducted in the same manner
as provided by law for an application to the Board of Trustees for
a change of zone.
[Added 4-12-1993 by L.L. No. 2-1993]
A. Purpose. It is the purpose of this section to create
a procedure by which the Board of Trustees may designate contiguous
lots and buildings in a nonresidential zoning district as a design
district so that a design development plan may be adopted and implemented
so that the property within that area may be improved in a planned
and unified manner.
B. Definition. For the purposes of this section, the
term "design district" shall mean a zone or zones overlaid over all
or a portion of one or more existing nonresidential zoning districts
so that property within any such overlay zone is subject to a design
development plan adopted by the Board of Trustees of the Village.
C. Design development plans in design districts.
(1) Adoption. The Board of Trustees may, in accordance
with the procedures set forth in this section, designate a design
district outside any residential use zoning district and adopt a design
development plan for such design district. Any such district shall
include no less than 60 feet of building frontage comprised either
of contiguous properties or properties facing across a public street
or sidewalk.
(2) Standards. Such a design development plan may be proposed
by the Board of Trustees. Once such a plan has been proposed, the
Board may, after due notice and public hearing, adopt a design development
plan for such district. In developing a design development plan, the
Board shall be governed by the following standards:
(a)
Whenever feasible, existing trees, lawn and
shrubs will be preserved or enhanced so as to maximize green space.
(b)
Pedestrian activity will be encouraged in areas
where commerce and public safety make it most desirable.
(c)
Whenever feasible, utilities shall be underground.
(d)
Building facades will respect the architectural
lines of buildings.
(e)
Whenever feasible, stone or masonry will be
unpainted.
(f)
Buildings will respect the scale of other buildings
within the design district.
(g)
One or more elements, such as awning treatment,
color material schemes or lettering style, will provide unity and
continuity within the design district so that the district will have
a coherent and recognizable design character.
(h)
The treatment of any signs or attracting devices
within the district will achieve the same or greater levels of performance
and protection as other provisions of this chapter relating to signs.
(i)
The resulting design district will be compatible
with adjacent properties and not excessively similar or dissimilar
to other design districts within the Village so that the result is
an aggregation of compatible yet individual design districts.
(3) Content of plan. A design district plan shall contain
at least the following elements:
(a)
A description, including location and design,
of improvements, such as trees, benches, tables, lighting standards,
paving and landscaping, to be located in or over public streets and
sidewalks.
(b)
A description and rendering of elements of design
units within such district. Such elements may include but are not
limited to the following:
[1]
Signs, including common or coordinated color,
texture, materials and letter schemes.
[6]
Common and coordinated color, material or textural
schemes.
(c)
Such plan may consist of detailed drawings,
plans and specifications for design units, as well as written requirements,
but may not require extensive alteration in the structure or interior
of a building within the unit (other than window displays).
(4) Conformity. Within the period specified in the design
development plan for any design district, all design units shall be
made to conform to its requirements. After such conformity has been
achieved, no change in any design unit subject to the plan (except
for normal maintenance), shall be commenced without a permit issued
by the Board of Trustees.
(5) Financing proposal.
(a)
The Board of Trustees may, after holding a public
hearing, adopt a financing proposal for any designated design district
for which a design development plan has been adopted. A financing
proposal shall consist of a plan which sets forth those improvements
and decorative enhancements contained in the design development plan
which are to be paid for wholly by the Village, wholly by benefit
assessment or partly by each. The Board of Trustees shall not adopt
a financing proposal until a public hearing has been held on the financing
proposal, and such hearing shall be held on at least 10 days' notice
published in the Village official newspaper. At any time after the
conclusion of such hearing, the Board of Trustees may adopt the financing
proposal as proposed or as modified by the Board of Trustees at or
after such public hearing.
(b)
If the financing proposal provides for payment
in whole or part by benefit assessment, then the Board of Trustees,
in adopting the financing proposal and in apportioning and assessing
the part of the expense to be raised by benefit assessment, shall
conform to the requirements of the Village Law, the relevant provisions
of the Local Finance Law and all other applicable provisions of law.
(c)
In adopting a financing proposal, the Board
of Trustees may include a provision for the Village to acquire, by
purchase or by eminent domain, any real property or interest therein,
including but not limited to surface rights on a storefront for the
connection of any awning and/or the rights to the facade of any such
storefront in any premises located within the design district. In
providing for such acquisition, the Board of Trustees shall specify
the provisions of law pursuant to which said acquisition shall proceed.