In Multiple-Dwelling or Apartment Districts
the following regulations shall apply.
No building or premises shall be used and no
building shall be erected for other than one of the following uses:
[Amended 2-5-1973; 10-7-1985 by L.L. No. 11-1985]
No apartment house building or multiple dwelling
shall be erected or maintained which is more than two stories in height
above the curb level of the street and which height shall in no event
exceed 24 feet zero inches from the curb elevation to the highest
point of the roof (not including chimneys). The height of the first
floor shall not be more than 42 inches above the curb level.
The building area shall not exceed 50% of the
lot area.
No apartment house or multiple dwelling shall
be constructed and erected upon any plot of land having a street frontage
of less than 200 feet and an average depth of less than 150 feet.
The required front yard depth shall be the same
as the average front yard of the existing buildings within 200 feet
on each side of the lot and within the same block or, if there are
no existing buildings on the same side of the street, the average
front yard depth of existing buildings within 200 feet on each side
directly opposite the lot, but no front yard shall be required to
have a depth greater than 25 feet. The foregoing provision shall not
affect the required front yard between the proposed building and the
side street in case of a corner lot. There shall be a front yard,
the depth of which shall be at least 25 feet. In case of a corner
lot, a front yard as provided herein shall be required on each street
on which the lot abuts.
Each such building shall have a side yard of
not less than 25 feet, except that when such building shall immediately
adjoin a church or school, whether public or parochial, there shall
be a side yard adjacent to such church or school which shall not be
less than 35 feet from the property line of such church or school
property.
Each of such buildings shall have a rear yard
of not less than 35 feet.
Accessory buildings may occupy 20% of the required
area of the rear yard up to an average height of 18 feet. The yard
area occupied by such accessory building shall, however, be included
in computing the maximum percentage of the lot area which may be built
upon. No part of an accessory building shall be nearer the rear lot
line than two feet.
[Amended 5-7-1979 by L.L. No. 19-1979]
A.
Apartment houses and multiple dwellings.
[Amended 6-2-2003 by L.L. No. 8-2003]
(1)
All apartment houses or multiple dwellings shall be
so constructed that spaces for automobile parking or storage shall
be provided on site, underground or on the street level adjacent thereto,
subject to the restrictions herein. Parking or storage spaces shall
be provided as follows:
(a)
For each studio, efficiency, and one- and two-bedroom
apartment, two parking spaces.
(b)
For each apartment consisting of three or more
bedrooms, one parking space for each bedroom; and
(c)
Additional parking spaces for guests or visitors
equal to 25% of the total spaces required for apartments.
(d)
For purposes of this section, each apartment
consisting of five or more rooms shall be deemed to have three bedrooms.
(2)
No parking shall be permitted in the front of the premises or the side yard setbacks of said premises. Each space required herein and the dimensions of each access driveway shall be in compliance with the requirements of § 265-96G of this article. Said spaces shall run with the apartment or dwelling, be included in and be part of each dwelling or apartment lease, sublease, and, in the case of a condominium or cooperative, the sale or transfer of the ownership or interest therein. No garages or outbuildings or accessory buildings in the rear yard of any apartment house or multiple dwellings shall be used for automobile storage or garage purposes; nor for the sale or storage of gasoline, oil, grease or any other thing, supplies or articles used in connection with the separation or maintenance of automobiles or other vehicles, nor for any other storage purposes whatsoever.
B.
All underground areas used or to be used for automobile
storage purposes shall be fireproofed in compliance with the building
code. All aboveground areas used or to be used for automobile storage
purposes shall comply with § 264-96C, and, in addition,
the area shall be landscaped where it abuts residential property.
In cases where an apartment house or multiple
dwelling shall be built on property adjoining a church or public or
parochial school, no automobile driveway to the rear of such apartment
or multiple dwelling or no entrance to its basement garage shall be
permitted on that side of the building facing such church or school.
No building or structure presently erected shall
be altered into an apartment house. Entirely new construction shall
be required.
[Added 4-6-1987 by L.L. No. 5-1987]
A.
Intent.
(1)
The Board of Trustees finds that the protection of
the health, safety and welfare of persons within the Village who reside
in residential buildings being converted from rental status to cooperative
or condominium ownership requires that such persons be informed of
the physical condition of such buildings and of any outstanding notices
of code violations issued with respect to such buildings. The Board
of Trustees further finds that for the health, safety and welfare
of residents of the Village and for the preservation and improvement
of this substantial and increasing form of housing accommodation it
is essential that funds be set aside for the purpose of making capital
repairs and improvements to such buildings.
(2)
The provisions of this section shall apply to conversions
from rental to cooperative or condominium status of a building or
a group of buildings or a development for which a plan must be filed
with the State Department of Law pursuant to § 352-e of
the General Business Law.
B.
BUILDING
CAPITAL REPLACEMENT
OFFEROR
TOTAL PRICE
(1)
(2)
Definitions. As used in this section, the following
words shall mean:
Any building, group of buildings or development.
A building-wide replacement of a major component of any of
the following systems:
The offeror, his or her nominees, assignees and successors
in interest.
With respect to cooperative conversions, the
number of all shares in the offering multiplied by the last price
per share which was offered to tenants in occupancy prior to the effective
date of the plan regardless of number of sales made;
With respect to condominium conversions, the
sum of the cost of all units in the offering at the last price which
was offered to tenants in occupancy prior to the effective date of
the plan regardless of number of sales made.
C.
Establishment of reserve fund.
(1)
Within 30 days after the closing of a conversion pursuant
to an offering plan, the offeror shall establish and transfer to the
cooperative corporation or condominium board of managers a reserve
fund to be used exclusively for making capital repairs, replacements
and improvements necessary for the health and safety of the residents
of such buildings. Such reserve fund shall be exclusive of any other
funds required to be reserved under the plan or applicable law or
regulation of the State Attorney General, except a fund for capital
repairs, replacements and improvements substantially similar in purpose
to and in an amount not less than the reserve fund mandated by this
section. Such reserve fund also shall be exclusive of any working
capital fund and shall not be subject to reduction for closing apportionments.
(2)
Such fund shall be established in an amount equal
to either 3% of the total price or 3% of the actual sales price of
all cooperative shares or condominium units sold by the offeror at
the time the plan is declared effective; provided, however, that if
such amount is less than 1% of the total price, then the fund shall
be established as a minimum of 1% of the total price; plus supplemental
contributions to be made by the offeror at a rate of 3% of the actual
sales price of cooperative shares or condominium units for each unit
or its allocable shares held by the offeror and sold to bona fide
purchasers subsequent to the effective date of the plan and within
five years of the closing of the conversion pursuant to such plan
notwithstanding that, if five years from 30 days after the closing
of the conversion pursuant to such plan the total contributions by
the offeror to the fund are less than 3% of the total price, the offeror
shall pay the difference between the amount contributed and 3% of
the total price. Supplemental contributions shall be made within 30
days of each sale.
(3)
The contributions required pursuant to this section
may be made earlier or in an amount greater than so provided. An offeror
may claim and receive credit against the mandatory initial contribution
to the reserve fund for the actual cost of capital replacements which
he or she has begun after the plan is submitted for filing to the
State Department of Law and before the plan is declared effective;
provided, however, that any such replacements must be set forth in
the plan together with their actual or estimated costs and further,
provided that such credit shall not exceed the lesser of the actual
cost of the capital replacements or one percent of the total price.
(4)
Any building, construction of which was completed
within three years prior to the closing of a conversion pursuant to
an offering plan shall be exempt from the requirements of this section.
D.
Report on status of reserve fund. The cooperative corporation or condominium board of managers shall report to shareholders and unit owners on a semiannual basis with respect to all deposits into and withdrawals from the reserve fund mandated by Subsection C.
E.
Posting of violations. The offeror, not later than
the 30th day following the acceptance of a plan for filing by the
State Department of Law pursuant to § 352-e of the General
Business Law and until the closing of the conversion pursuant to such
plan, shall post and maintain in a prominent place, accessible to
all tenants in each building covered by the plan, a listing of all
violations of record against such buildings as determined by the Building
Department and the Department of Housing Preservation and Development.
All newly issued violations shall be posted within 48 hours of their
issuance and maintained as described above. The offeror may satisfy
the requirements of this section by designating an agent on the premises
with whom such listing shall be made available for inspection by the
tenants.
F.
Report on condition of premises. Where, pursuant to
law or regulation of the State Attorney General, an offeror is required
to file a report with the State Department of Law describing the condition
of the physical aspects of the premises to be converted and the surrounding
neighborhood, a copy of such report shall be submitted simultaneously
to the Superintendent of the Building Department.
G.
No waiver of rights. Any provision purporting to waive
the provisions of this chapter in any contract to purchase or agreement
between an offeror and the cooperative corporation or the condominium
board of managers pursuant to a conversion plan shall be void as against
public policy.
H.
Criminal and civil penalties; enforcement.
(1)
Except as otherwise provided in Subsection H(2) of this subsection, any person who knowingly violates or assists in the violation of any subsection of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000 or imprisonment for not more than one year, or both. Except as otherwise provided in Subsection H(2) of this section, any person who violates or assists in the violation of any subsection of this section shall be subject to a civil penalty of $100 per day per unit for each day that a building is not in compliance with the provisions of such sections; provided, however, that such civil penalty shall not exceed $1,000 per unit.
[Amended 10-6-1997 by L.L. No. 9-1997]
(2)
Any person who knowingly violates or assists in the violation of Subsection C shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not more than two times the amount required to be reserved by Subsection C, which was not so reserved. Any person who violates or assists in the violation of Subsection C shall also be subject to a civil penalty of $1,000 per day for each day that the reserve fund required by Subsection C is not established; provided, however, that such civil penalty shall not exceed the amount required to be reserved pursuant to Subsection C.
(3)
In addition, any other action or proceeding in any
court of competent jurisdiction that may be appropriate or necessary
for the enforcement of the provisions of this section may be brought
in the name of the Village, including actions to secure permanent
injunctions enjoining any acts or practices which constitute a violation
of any provision of this section mandating compliance with the provisions
of this section or for such other relief as may be appropriate. In
any such action or proceeding, the Village may apply to any court
of competent jurisdiction or to a judge or justice thereof for a temporary
restraining order or preliminary injunction enjoining and restraining
all persons from violating any provisions of this section, mandating
compliance with the provisions of this section or for such other relief
as may be appropriate until the hearing and determination of such
action or proceeding and the entry of final judgment or order therein.
The court or judge or justice thereof to whom such application is
made is hereby authorized forthwith to make any or all of the orders
above specified, as may be required in such application, with or without
notice, and to make such other or further orders or directions as
may be necessary to render the same effectual. No undertaking shall
be required as a condition of the granting or issuing of such order
or by reason thereof.
(4)
Nothing contained in this section shall impair any
rights, remedies or causes of action accrued or accruing to purchasers
of cooperative shares or condominium units.
(5)
The Department of Housing is empowered to enforce
the provisions of this section.
