City of Glen Cove, NY Article XV Industrial Districts

§ 280-69 I-1 Light Industrial District.

A. Permitted principal uses.

(1) Business or professional offices, research, design and development laboratories.

(2) Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing or storage of products or materials except garbage, trash, refuse, waste, sludge or the residue of any of the foregoing, in whatever form, and provided that only oil, gas or electricity is used as a fuel, except that an installation using other fuel may be used upon a finding by the Building Inspector that such installation shall be free of nuisance characteristics and will have no adverse effect on neighboring uses or upon the City's natural environment.

B. The following uses are specifically prohibited:

(1) Slaughtering or processing of animals, fowl, fish or component parts thereof, or manufacture of any commodity the major part of which is animal or fish matter, provided that the sale of fresh or processed animals, fowl or fish as foodstuffs shall be permitted.

(2) Manufacture of heavy chemicals such as but not limited to acids or other corrosives, ammonia and caustic soda, the manufacture of products, resins, dye stuffs, glues, vegetable, animal or mineral fats or oils, explosives, soap and detergents, fertilizers, combustible gases, asphalt and tar products, the manufacture or production of metals or alloys in ingot or stock form, the manufacture of matches, linoleum, oil cloth, rubber or rubber products, the production of cement, plaster and their constituents.

(3) Fuel oil storage tanks and tank farms.

(4) Junkyards.

(5) Coke and coal yards.

(6) Lumber yards and building material storage.

(7) Contractors' equipment and material storage.

(8) Light and power plants.

(9) Municipal garbage disposal or other dumps.

(10) Municipal or private incinerators.

(11) Stone cutting or monument works.

(12) Automobile repair shops or garages.

(13) Any use which will create and/or emit odors, dust, gas, fumes, radiation, liquids, waste gases or effluents, vibrations, noise or conditions of hazard detrimental to the health, safety, convenience or general welfare of the community.

(14) No building may be used for residential purposes except that a room, suite or house may be provided for a custodian and his or her family.

(15) No outdoor storage may exist abutting residential areas.

C. Lot area and building requirements for principal uses.

(1) Minimum lot area: 20,000 square feet.

(2) Minimum width: 75 feet.

(3) Minimum frontage: 50 feet.

(4) Minimum setback from property line: 50 feet.

(5) Minimum rear yard: 25 feet to property line unless such property line constitutes the boundary to a residence district in which case the yard shall be a minimum of 75 feet or a distance equivalent to three times the height of the building, whichever is greater.

(6) Minimum interior side yard: 20 feet to property line unless such property line constitutes the boundary of a residence district in which case a minimum of 75 feet shall be provided.

(7) Minimum corner side yard: 50 feet.

(8) Maximum height: except as provided hereinafter, no part of any building shall be erected to a height greater than two stories and in no event exceed 35 feet.

D. Accessory uses.

(1) Signs in accordance with the provisions of the City of Glen Cove Sign Ordinance.[1]

[1] Editor's Note: See Ch. 228, Signs.

(2) Off-street parking.

(3) Private garage space within or adjacent to a principal building.

(4) Commercial uses accessory to and part of permitted uses only.

(5) Uses normally incidental to principal uses such as storage. Open storage must be screened from view by an eight-foot-high fence or evergreen screening, the design and location of which shall be approved by the Planning Board.

E. Lot and building requirements for accessory uses.

(1) Minimum distance to front property line: 60 feet.

(2) Minimum rear yard: same as for principal uses.

(3) Minimum side yard: same as for principal uses.

(4) Maximum height: 20 feet.

(5) Maximum coverage: the total lot coverage of all buildings, principal and accessory, shall be 50%.

F. Special uses permitted at discretion of the Planning Board.

(1) Motor vehicle service stations, provided that the Board finds that the area lacks such facilities or is inadequately served by existing facilities, that proposed station is in the public interest, will not create undue fire or traffic hazards, impair character of neighborhood or adversely affect property values, and that the layout and design of station is reasonably in keeping with character of neighboring structures, thus tending to promote the stability of the area and the taxes therefrom. Such motor vehicle service station shall not be within 200 feet of the entrance of any church, hospital, public library, public or duly licensed private school, nor shall any part of the building or equipment be within 25 feet of the boundary line of any residence district nor within 20 feet of any street or building line and no pump shall be within 50 feet of said lines.

(2) Public utility installations, other than light or power plants, provided that the same are suitably located and planned as to site, lot area, height, front, side and rear yard and exterior appearance.

(3) Business enterprise or membership club conducting leisure time activity, including tennis, swimming and health clubs, which make their facility available to members, customers or clients on a seasonal or hourly basis and which can include incidental sales of food snacks, incidental sales or rental of sports equipment and clothing, repair of equipment and nursery facilities under the following conditions:

(a) All such activities shall be carried on indoors except as hereinafter provided.

(b) Maximum coverage of the parcel and maximum height of structures shall be the same as required for principal uses in this district.

(c) Minimum setbacks, lot size and yards shall be the same as required for principal uses in the district.

(d) Parking requirements: as required by this district but in no case less than six spaces per court plus one space per employee on the largest shift; for swimming and health club: one space per two lockers plus one space per employee on the largest shift.

(e) Outdoor facilities may be provided so long as the facility is totally fenced in, no fence is closer to a property line than is permitted in Subsection C above. No outdoor lighting or loudspeaker system may be permitted after 9:00 p.m. where such facility borders on a residential district.

(f) All other applicable provisions of this chapter, including approval of a site plan and landscaping plan shall be adhered to by the developer.

(4) Institutions for higher learning, including colleges, universities, junior colleges, technical schools, trade and vocational schools, along with accompanying service and administration buildings, except that no accommodations for resident students shall be permitted. All other provisions of the district shall apply, including off-street parking, site plan review and landscaping requirements.

G. Parking and loading.

(1) Off-street parking.

	Use	Required Spaces
	Business and professional use	Same as in B-3 District
	Commercial use as accessory	Same as in B-3 District
	Laboratory	1 space per 350 square feet of gross floor area or 1 space per employee based upon the number of employees during the largest shift, whichever is greater
	Industrial use	1 space per 350 square feet of gross floor area or 1 space per employee based on the number of employees during the largest shift, whichever is greater
	Colleges, university, etc.	1 space for each staff member plus .75 space for each student plus 1 space for each 5 seats in the largest assembly hall
		All or portions of the off-street parking requirement for colleges, university, etc., may be waived by the Planning Board, provided that:
		(a)	That proposed use is within 300 feet of a municipally operated off-street parking facility; and
		(b)	The Planning Board shall, at the time of its approval of a site development plan, certify on such plan that the municipally operated off-street parking facility has adequate capacity for storage of passenger vehicles generated by activities proposed to be conducted on the subject lot in addition to those generated by any other lots already serviced by such off-street parking facility. In determining the existence of such adequate capacity, the Planning Board shall consider the need for preventing frequent parking on the street by persons visiting or connected with each use which is proposed to be served by such off-street municipal parking facility.
	Uses not listed	As determined by the Planning Board to be needed to prevent frequent parking on the street by persons visiting or connected with such use

NOTES:
A.	Where two or more uses are on the same lot, the total amount of parking spaces to be provided shall be the sum of the requirements, if any, for each individual use on the lot; the Planning Board may vary this requirement if the Board finds that the variation in the probable time of maximum use by employees and/or patrons of such establishments is such as to permit a variation; however, once one or more of the uses terminates, the property owner shall be responsible for assuring adequate parking in conformance with the standards set herein.
B.	The Planning Board may also approve the joint use of a parking lot for uses on contiguous parcels as long as the Board is satisfied that the total number of spaces is adequate as computed above.

(2) Off-street loading.

	Building Floor Area and Use (square feet)	Loading Spaces Required
	Business and professional use
	Less than 25,000	1
	Each additional 75,000 or fraction thereof	1 additional
	Laboratory or industrial use
	Less than 10,000	1
	10,000 to 19,999	2
	20,000 to 39,999	3
	40,000 to 59,999	4
	each 50,000 over 60,000	1 additional

H. Other provisions and requirements.

(1) Whenever an off-street parking area of three or more spaces faces a street, a planting area with a minimum width of three feet shall be provided between the parking area and the sidewalk. The planting plan for this strip shall be approved by the Planning Board as part of the site plan review. Plantings shall be a minimum of three feet high, planted three feet on center.

(2) Where a permitted use or special permit use in this district is proposed to be located adjacent to residential district, a side yard shall be provided consistent with the requirement of said residential district. Likewise, no accessory structure shall be permitted in a side yard or within 10 feet of a rear property line where a use is adjacent to a residential district. A planting screen at least four feet wide, eight feet high, adequate to block the view of the nonresidential use shall be required.

[Amended 6-25-1995; 6-27-1995]

(3) Any use which will create and/or emit odors, dust, gas, fumes, radiation, liquids, waste gases or effluents, vibrations, noise or conditions of hazard detrimental to the health, safety, convenience or general welfare of the community or are inconsistent with any applicable state or federal standards shall be prohibited.

(4) No building may be used for residential purposes except that a room, suite or house may be provided for a custodian and his or her family.

(5) No outdoor storage may exist abutting residential areas.

(6) Site illumination. All exterior illumination shall be shielded from view of all surrounding properties and streets, and such lighting, other than lighting of roads and buildings essential for safety or security reasons or required by governmental regulations, shall be extinguished not later than 9:00 p.m.

§ 280-70 I-2 Light Industrial District.

A. Permitted principal uses. Same as I-1 District.

B. The following uses are specifically prohibited. Same as I-1 District.

C. Lot area and building requirements for principal uses.

(1) Minimum lot area: one acre.

(2) Minimum width: 100 feet.

(3) Minimum frontage: 50 feet.

(4) Minimum setback from front property line: 35 feet.

(5) Minimum rear yard: 10 feet.

(6) Minimum interior side yard: 10 feet.

(7) Minimum corner side yard: 35 feet.

(8) Maximum height: except as provided hereinafter, no part of any buildings shall be erected to a height greater than two stories and in no event exceed 35 feet.

D. Accessory uses. Same as for I-1 District.

E. Lot and building requirements for accessory uses.

(1) Minimum distance to front property line: 50 feet.

(2) Minimum rear yard: same as for principal uses.

(3) Minimum side yard: same as for principal uses.

(4) Maximum height: 20 feet.

(5) Maximum coverage: the total lot coverage of all buildings principal and accessory shall be 50%.

F. Special uses permitted at discretion of the Planning Board. Same as for I-1 District.

[Amended 9-12-1989; 1-9-1990; 12-13-1994]

G. Parking and loading. Same as for I-1 District (§ 280-69G).

H. Other provisions and requirements. Same as for I-1 District (§ 280-69H).

§ 280-71 I-3 Industrial District.

A. Permitted uses.

(1) Same as for I-1 District (§ 280-69A).

(2) Coke and coal yards.

(3) Lumber and building material yards and mills.

(4) Contractors equipment and material storage.

(5) Light and power plant.

(6) Municipal garbage disposal.

(7) Municipal incinerator.

(8) Stone cutting and monument works.

(9) Garage; automobile repair shops.

B. The following uses are specifically prohibited. Same as those outlined in § 280-69B(1), (2), (3) and (4), plus outdoor storage unless it is screened from view by an eight-foot-high fence or evergreen screening, the design and location of which is approved by the Planning Board. In addition to the foregoing, it is specifically prohibited for any person or legal entity other than the City of Glen Cove to collect, dump, deposit, store, process, convert, alter, ship, trans-ship, distribute, incinerate or dispose of, in any fashion, garbage, trash, refuse, waste, sludge or the residue of any of the foregoing, in whatever form.

C. Lot area and building requirements for principal uses. Same as for I-1 District (§ 280-69C) except that maximum coverage by all buildings may be 80%.

D. Accessory uses. Same as I-1 District (§ 280-69D).

E. Lot area and building requirements for accessory uses. Same as for I-1 District (§ 280-69E).

F. Special uses permitted at the discretion of the Planning Board.

(1) Same as § 280-69F(1), (2) and (3), except that for tennis clubs et al., the coverage, height, lot, yard and setback requirements shall be those of this district.

(2) Fuel oil storage tanks and tank farms, provided that the Board finds that City lacks such sufficient facilities to supply the needs of its inhabitants, that proposed installation is in the public interest, will not create undue fire or traffic hazard, impair property values, and that no tank shall have a capacity in excess of 500,000 gallons nor be nearer than 50 feet to any other tank, nor shall there be more than 10 such tanks in any one group, and such groups shall not be less than 1,000 feet from one another. Around each tank a moat with capacity equal to that of the tank it surrounds shall be provided.

G. Parking and loading requirements.

(1) Off-street parking. Same as for I-1 District [§ 280-69G(1)].

(2) Off-street loading. Same as for I-1 District [§ 280-69G(2)].

H. Other provisions and requirements. Same as for I-1 District (§ 280-69H).

§ 280-72 MW-1 Marine Waterfront-1 District.

[Added 2-24-1998]

A. Purpose.

(1) The purpose of the Marine Waterfront-1 District is to encourage a range of nonindustrial water-dependent and water-enhanced uses within portions of the Glen Cove Creek corridor that are oriented toward marine and related activities in a well-designed setting that will provide public access to the water and will attract residents, transient boaters and tourists to Glen Cove's regionally significant recreational boating center and working waterfront.

(2) Further, it is a purpose of this district to provide incentives to upgrade existing water-dependent uses, phase out uses that are not consistent with the City's waterfront planning objectives as reflected in the Glen Cove Creek Revitalization Plan and in the report entitled "Marine District Comprehensive Strategy."

B. Permitted principal uses.

(1) Yacht clubs and marinas. A marina must have a pumpout facility and no boat may be occupied overnight in a marina that does not have a properly functioning pumpout.

(2) Boat docks, slips, piers and wharves for yachts and pleasure boats or for boats for hire carrying passengers on excursion, pleasure or fishing trips, water taxi, or for vessels engaged in fishery or shell fishery.

(3) Yard for building, storing, repairing, selling or servicing boats. Adequate lanes must be provided to allow access and egress throughout the yard for fire trucks. No outdoor storage may be permitted other than boats, and where practical such boat storage area shall be screened from view of adjoining streets and properties.

(4) Facilities for recreational water sports (including kayak and canoe rental), sailing schools and similar uses.

(5) Boat and marine engine sales and display.

(6) Yacht broker or marine insurance broker.

(7) Facilities for the rental and charter of boats.

(8) Retail sale or rental of boating, fishing, diving and bathing and marine supplies and equipment.

(9) Sail loft or ship's chandlery.

C. Lot area and building requirements for principal uses.

(1) Minimum lot area: 40,000 square feet.

(2) Minimum width: none required.

(3) Minimum frontage along street: 50 feet.

(4) Minimum setback from street: 20 feet (no parking permitted in this setback).

(5) Minimum rear yard: 20 feet to property line. When a use abuts the water, no structure may be closer than 25 feet to the mean high water line or bulkhead unless the project includes a walkway or esplanade along the water accessible to the public or some other means of public access acceptable to the Planning Board, in which case said setback requirement may be reduced to 15 feet.

(6) Minimum side yard: not required; if provided, such yard shall be 15 feet.

(7) Minimum corner side yard: 25 feet.

(8) Maximum height: 2 1/2 stories and in no event to exceed 35 feet.

(9) No single building or group of attached buildings shall exceed 100 feet in length without a break. Such distance between buildings shall be at least 15 feet.

(10) Maximum coverage of all buildings shall be 25% except as otherwise provided herein.

D. Special uses permitted at discretion of Planning Board.

(1) Restaurants, including catering facilities, provided that they are permanently affixed to the land and table services is provided. For purposes of this section, no moored barge or houseboat can be considered permanently affixed to the land. A restaurant must provide public access to the water for pedestrians and/or transient boating public.

(2) Floating restaurants, provided that the following conditions are met:

(a) The waste system shall be tied into the public sewer system. (NOTE: This could be tied into a marina pumpout, but such a system may not be large enough.)

(b) Minimum off-street parking requirements shall be satisfied on or off site in a manner acceptable to the Planning Board and City Attorney's office.

(c) Access shall be arranged to the satisfaction of the Planning Board and the City Attorney's office.

(3) Retail uses in addition to those permitted in Subsections B(5) and B(8) of this section, provided that no single store shall exceed 3,000 square feet. If the property in retail use abuts the water, public pedestrian access to the waterfront must be provided.

(4) Boatels, in accordance with the following conditions:

(a) Overnight accommodations shall be accessory to a permitted marina or yacht club.

(b) Not more than 20 rooms shall be permitted, at least 60% of which shall be available to persons arriving by boat.

(c) Rooms shall not have kitchenettes, kitchens or cooking facilities other than a microwave.

(d) No guest shall inhabit the boatel for more than 14 consecutive days.

(e) One off-street parking space shall be provided or each employee and one for each guest room available to the motoring public.

(5) Bed-and-breakfast inns, in accordance with the following conditions:

(a) The owner and/or operator of the bed-and-breakfast inn shall reside on the property, either as an occupant of the inn or of a separate lawful residence located on the property.

(b) The inn shall not have more than eight guest rooms; not more than four persons shall occupy a guest room.

(c) No guests shall occupy the inn in excess of 14 consecutive days. The owner shall maintain a guest register open to inspection by the DBD or Code Enforcement Officer and shall preserve all registration records for a minimum period of two years.

[Amended 8-24-2010]

(d) No meals other than breakfast shall be served.

(e) Kitchen and dining facilities shall be limited to use by the owner, occupants of the bed-and-breakfast inn and bona fide guests, and shall not be open to the general public. There shall be no individual kitchen or dining facilities in or for any guest room.

(f) All amenities shall be limited to use by the owner, occupants of the bed-and-breakfast inn and bona fide guests, and shall not be open to the general public.

(g) One off-street parking space shall be provided for each employee and for each room available for guest occupancy in addition to the off-street parking spaces required for the residence of the owner.

(6) Mixed-use commercial/recreational support buildings.

[Added 8-24-2010]

(a) Purpose. The City Council finds that certain uses and building scales that are normally inconsistent with the MW-1 District may be appropriate along the periphery of the MW-1 District, where such private uses are designed to complement and enhance use of public recreational resources.

(b) The following uses shall be permitted within the mixed-use commercial building:

[1] Offices.

[2] Water-related retail sales.

[3] Recreation-related retail sales.

[4] Convenience retail accessory to office, hotel or conference-center uses and with a total floor area not to exceed 3,000 square feet.

[5] Restaurants, catering facilities, conference facilities.

[6] Hotels offering spa and fitness services to overnight guests.

[7] Any other use permitted in the MW-1 District.

(c) The subject property must be located within 600 feet of a City-owned recreation field.

(d) The proposal must afford public access to the Glen Cove Creek waterfront. The proposal must include plans for a waterfront esplanade at least 14 feet wide to be constructed along the entire length of the property's interface with the Glen Cove Creek. Access easements acceptable to the Planning Board based on the advice of the Planning Board Attorney shall be provided to allow the public access to the waterfront esplanade.

(e) Where the property borders any industrial, warehousing, or processing use, the proposal must situate the building in a manner that screens the bordering use from substantial public view.

(f) Due to the location of the use in a vicinity used for public recreation, the dependence of the proposed uses on public recreational activities for continued viability, and the existing limits to parking in the MW-1 District, the proposal must provide 200% of the off-street parking required for the uses proposed. All parking facilities for the proposed project must be made available to the general public, including those persons seeking waterfront access, or access to community recreational fields. In recognition of the dual use of this area for public and private purposes, such facilities may be located on public lands by permission of the City of Glen Cove and subject to such covenants and easements as are reasonable to ensure ongoing maintenance and dual public/private use. All or a portion of the required parking may be provided on street, where the applicant proposes public improvements to the street to enhance maintenance and compatibility with pedestrian traffic such as widening, boulevarding, or other measures that result in the creation of safe and attractive on-street parking resources.

(g) Where the use is proposed access by a street that currently limits public use due to the location and operation of City-owned facilities, is dominated by industrial and heavy commercial uses that are normally incompatible in appearance with the uses permitted herein, and where the access street contains significant frontage with City-owned recreational fields affording off-street parking for recreational users that will be impacted by increased usage of the access street, the proposal must include the refurbishment and beautification of such streets, including:

[1] Installation of a sidewalk and bicycle path along the entire street frontage of the City-owned land and the private parcel;

[2] Installation of street trees along both sides of the street along the entire street frontage of City-owned land and the private parcel;

(h) Traffic study required. The applicant shall submit a traffic impact analysis documenting that the proposal will not result in a decrease in the level of service of any area intersections during peak weekday a.m., peak weekday p.m. and peak weekend hours. Such traffic studies will take into account all approved projects, or any project for which a traffic study has been submitted as part of State Environmental Quality Review.

(i) Lot area and building requirements:

[1] Minimum lot area: 40,000 square feet.

[2] Minimum frontage along Glen Cove Creek: 500 feet.

[3] Minimum setback from street: 20 feet.

[4] Setback from Glen Cove Creek: 20 feet to the mean high water line or bulkhead.

[5] Maximum height: Five stories and in no event to exceed 60 feet. Where a structure is found by the Planning Board to be eligible to receive a gold certification from the US Green Buildings Council under their Leadership in Energy and Environmental Design (LEED) Green Buildings rating system, up to six stories and 75 feet may be permitted.

[6] Maximum floor area of any retail store: 7,500 square feet except for convenience retail as otherwise limited herein.

E. Accessory uses.

(1) Uses customarily incidental or accessory to the principal uses subject to review and approval by the Planning Board including but not limited to swimming pools, tennis courts, rest rooms, laundry facilities and facilities for dispensing fuel.

(2) Signs in accordance with City of Glen Cove sign regulations.[1] All signs shall be approved by the Planning Board.

[1] Editor's Note: See Ch. 228, Signs.

(3) Off-street parking.

F. Lot area and building requirements for accessory uses.

(1) Minimum distance to front (street) property line: 60 feet, except parking which may be 20 feet from the front street line.

(2) Minimum distance to any other property line: same as for principal use.

(3) Maximum height: one story and in no event to exceed 20 feet.

G. Parking and loading requirements.

(1) Off-street parking.

	Use	Spaces Required
	Marinas	1 space for each 3 slips plus 1 for each 2 total employees
	Restaurant	1 space per 3 seats plus 1 space per employee based upon the largest work shift
	Retail	Same as in B-1 District (§ 280-65F)
	Office	Same as in B-1 District (§ 280-65F)
	Other uses	As deemed necessary by Planning Board

(2) Loading.

	Use	Spaces Required
	Loading	1 space per 10,000 square feet of building area or fraction thereof
	Marinas and related services	As deemed necessary by Planning Board

H. Coverage.

(1) Maximum coverage. The total lot coverage of all buildings, principal and accessory, shall be 25% unless otherwise noted. Where a publicly accessible esplanade is provided substantially along the Glen Cove creek for the length of the site, and is not otherwise required total building coverage may be increased to 35%.

I. Other provisions and requirements/guidelines.

(1) Wherever an off-street parking area of three or more spaces faces a street, a planting area with a minimum width of six feet shall be provided between the parking area and the sidewalk. The planting plan for this strip shall be approved by the Planning Board as part of the site plan review. Plantings shall be a minimum of three feet in height planted three feet on center. The remaining portion of the required setback may be grass or other acceptable ground cover.

(2) Any use that abuts the Glen Cove Creek where public access to the water or waterfront is not otherwise required shall include to the maximum practical extent some type of public pedestrian access such as but not limited to a park or plaza area or an improved esplanade having a width of at least 10 feet along the entire length of the subject property on Glen Cove Creek in order to permit pedestrian access.

(3) In all instances where public pedestrian or boat access is provided, access plans shall be approved by the Planning Board with advice from the Harbor and Waterfront Commission and the access shall be available for public use under a mutually acceptable arrangement between the City and the property owner. Where such access includes an esplanade along the entire width of the property, the Planning Board may permit an increase in building coverage up to 35%. The agreement between the City and property owner shall incorporate a provision that in exchange for construction and maintenance by the property owner, the City will assume responsibility for liability insurance for that portion of the property over which an easement is granted for public use.

§ 280-73 MW-2 Marine Waterfront-2 District.

A. Principal uses.

(1) Marinas and boatyards for the construction, repair and servicing of small pleasure and other boats.

(2) Sale of supplies and accessories incidental thereto.

(3) Dead storage of boats.

(4) (Reserved)[1]

[1] Editor's Note: Former Subsection A(4), Nurseries and florists, was repealed 2-24-1998. This ordinance also renamed the former I-4 Marina District as the MW-2 Marine Waterfront-2 District.

(5) (Reserved)[2]

[2] Editor's Note: Former Subsection A(5), regarding storage of contractors' equipment and machinery, was repealed 2-24-1998.

(6) Residential development under the following conditions:

[Amended 6-22-1982]

(a) Development shall be in accordance with the provisions applicable to the R-4 Residence District.

(b) Such residential development shall utilize the waterfront for marina and/or other recreation activity and shall incorporate measures necessary to stabilize the waterfront land.

B. Lot area and building requirements for principal uses other than residential uses.

(1) Minimum lot area: one acre.

(2) Minimum width: 100 feet.

(3) Minimum frontage: 50 feet.

(4) Minimum setback from street: 100 feet.

(5) Minimum rear yard: none, except as noted otherwise herein.

(6) Minimum interior side yard: none, except as noted otherwise herein.

(7) Minimum corner side yard: 25 feet.

(8) Maximum height: two stories and in no event exceed 35 feet.

(9) Maximum coverage: 25%.

C. Accessory uses.

(1) Same as those outlined in § 280-69D(1), (2), (3) and (5).[3]

[3] Editor's Note: Former Subsection C(2), regarding restaurants, which immediately followed this section, was repealed 2-24-1998.

D. Lot area and building requirements for accessory uses.

(1) Minimum distance to front property line: 100 feet.

(2) Maximum coverage: maximum coverage of all buildings, principal and accessory, shall be 50%.

(3) Minimum rear yard: same as for principal use.

(4) Minimum side yard: same as for principal use.

(5) Maximum height: one story and in no event exceed 20 feet.

E. Special uses permitted at the discretion of the Planning Board.

(1) Tennis courts, et al. [see § 280-69F(3)], except that coverage, height, lot, yard and setback requirements shall be those of this district.

(2) Restaurants, provided that the same is a permanent structure affixed to the land.

[Added 2-24-1998]

F. Parking and loading requirements.

(1) Off-street parking.

	Use	Spaces Required
	Marinas and related services	1 space for each boat slip plus 1 for each 2 total employees
	Residential development	Same as provided in R-4 District (§ 280-59)
	Restaurant	1 space per 3 seats plus 1 space per employee based upon the largest work shift

(2) Loading.

	Use	Spaces Required
	Marinas and related services	1 space per 10,000 square feet or fraction thereof
	Other uses	As deemed necessary by Planning Board

G. Other provisions and requirements. Whenever an off-street parking area of three or more spaces faces a street, a planting area with a minimum width of three feet shall be provided between the parking area and the sidewalk. The planting plan for this strip shall be approved by the Planning Board as part of the site plan review. Plantings shall be a minimum of three feet high, planted three feet on center.

§ 280-73.1 PWD Planned Waterfront District.

[Added 10-10-1989]

A. Purpose and applicability.

(1) The Planned Waterfront District (PWD) is designed as a floating zone which may be mapped by the City Council, upon recommendation of the Planning Board and Waterfront Commission, in response to a specific plan of development proposed by property owner or developer. The zone can only be applied within a predesignated area shown on the attached map.[1]

[1] Editor's Note: Said map is on file in the City Clerk's office.

(2) The purpose of this district is to permit and encourage a range of water dependent and water enhanced uses within the Glen Cove Creek corridor so that the City's valuable waterfront resource is utilized properly and in a manner that will ensure an attractive waterfront setting for a variety of appropriate uses that are beneficial to both the City's residents and waterfront property owners.

(3) In addition, since portions of the Glen Cove Creek area contain structures considered to be substandard and uses that are considered obsolete and inappropriate for this location, the objectives of the PWD District also include the elimination of blight and blighting influences, assemblage of sites and redevelopment of areas with uses more appropriate to this strategic location within the community.

(4) It is further the intent of this district to assure that development optimizes the waterfront location and encourages water dependent or water enhanced uses, public access and use of the waterfront for residents and/or employees of the area and the entire Glen Cove community. These purposes and objectives will be considered in mapping of this zone and in the review of any site plan or special permit within the district.

(5) The areas eligible for the PWD will be property presently zoned either I-2, I-3 or MW-2 with frontage on Glen Cove Creek. The current underlying zoning will remain in place and will only be superseded by a plan approved as part of this district (see attached map[2]).

[Amended 2-24-1998]

[2] Editor's Note: Said map is on file in the City Clerk's office.

B. Permitted uses:

(1) Yacht clubs and marinas, including uses accessory to them such as boatel (hotel-motel for boat operators and guests), swimming pools, tennis courts and racquetball facilities. A marina must have a pumpout facility and no boat may be occupied overnight in a marina that does not have a properly functioning pumpout.

(2) Boat docks, slips, piers and wharves for yachts and pleasure boats or for boats for hire carrying passengers on excursion, pleasure or fishing trips, or for vessels engaged in fishery or shell fishery.

(3) Yard for building, storing, repairing, selling or servicing boats which may include the following as an accessory use: office for the sale of marine equipment or products, dockside facilities or dispensing fuel, rest room and laundry facilities to serve overnight patrons. Furthermore, adequate lanes must be provided to allow access and egress throughout the yard for fire trucks. No outdoor storage may be permitted for other than boats, and where practical such boat storage area shall be screened from view of adjoining streets and properties.

(4) Storage of marine salvage and marine equipment and materials, provided that no substances that are hazardous according to New York State Conservation Law may be stored on the site and all inoperable equipment and materials must be screened from view beyond the site by a fence or wall approved by the Planning Board and which screening may not exceed eight feet in height. No storage shall exceed the height of the screening.

(5) Boat and marine engine sales and display, yacht broker, marine insurance broker.

(6) The rental of boats.

(7) Retail sale or rental of boating, fishing, diving and bathing supplies and equipment.

(8) Sail loft or ship's chandlery.

(9) Multiple dwellings in the form of garden-type apartments or townhouses either for rent or sale, including condominiums and cooperatives under the following conditions:

(a) Minimum lot area per dwelling unit: 3,000 square feet for efficiency units; 3,500 square feet for units with one bedroom; and 4,500 square feet for each unit with two or more bedrooms.

(b) Minimum setback from street: 35 feet except that this may be varied by up to 10 feet for four out of every eight townhouse units in order to create variety of design.

(c) Maximum height: 2 1/2 stories and in no event exceed 35 feet.

(d) Required open space. There shall be provided within the multiple dwelling or apartment townhouse development not less than 200 square feet of usable open space for each efficiency unit; 300 square feet of usable open space for each one-bedroom unit; 350 square feet of usable open space for each two-bedroom unit; and 400 square feet of usable open space for each unit containing three or more bedrooms therein. For any development containing 15 or more units, such usable open space shall be devoted to improved and landscaped play and sitting areas for the use of the residents thereof. The design, layout, planting and equipment of such usable open space areas shall be subject to the approval of the Planning Board.

(e) Such residential development shall utilize the waterfront for marina and/or other water dependent recreation activity and shall incorporate measures necessary to stabilize the waterfront land, including bulkheading where necessary. Where marina facilities are incorporated as part of a residential development, at least 1/2 of the slips shall be available for public rental. During the first 30 days of the public offering of these slips, priority shall be given to Glen Cove residents. Where public access is provided such access shall be separated from any ground floor residential dwelling unit by a minimum of 10 feet.

(10) Restaurant, provided that it is affixed to the land and table service is provided. No structure on flotation will be permitted.

(11) Retail uses in addition to those permitted in Subsection B(5) or (7) above, provided that no single store shall exceed 5,000 square feet, except that a store devoted principally to the sale of marine supplies may be up to 8,000 square feet.

(12) Wholesale and/or retail sale of fish.

(13) Business and professional offices, research, design and development laboratories.

C. Lot area and building requirements for principal uses other than residential uses.

(1) Minimum lot area: 20,000 square feet.

(2) Minimum width: not required.

(3) Minimum frontage along street: 50 feet.

(4) Minimum setback from street: 10 feet.

(5) Minimum rear yard: 25 feet to property line unless such property line constitutes the boundary to a residence district in which case the yard shall be a minimum of 75 feet or a distance equivalent to three times the height of the building, whichever is greater. When a use abuts the water, no structure may be closer than 25 feet to the mean high-water line or bulkhead unless the project includes a walkway along the water accessible to the public or some other means of public access acceptable to the Planning Board, in which case said setback requirement may be reduced to 15 feet.

(6) Minimum side yard: not required; if provided, such yard shall be 15 feet.

(7) Maximum height: 2 1/2 stories and in no event exceed 35 feet.

(8) No single building shall exceed 100 feet in length without a break. Such distance between buildings shall be at least 15 feet.

D. Accessory uses shall be permitted and regulated by the Planning Board.

E. Lot area and building requirements for accessory uses.

(1) Minimum distance to front (street) property line: 60 feet.

(2) Minimum distance to any other property line: same as for principal use.

(3) Minimum height: one story and in no event exceed 20 feet.

F. Parking and loading requirements.

(1) Off-street parking.

	Use	Spaces Required
	Marinas and related services	1 space for each boat slip plus 1 for each 2 total employees
	Residential	Same as provided in R-4 District (§ 280-59)
	Restaurant	1 space per 3 seats plus 1 space per employee based upon the largest work shift
	Retail	Same as in B-1 District (§ 280-65F)
	Office	Same as in B-1 District (§ 280-65F)
	Other uses	As deemed necessary by the Planning Board

(2) Loading.

	Use	Spaces Required
	Marinas and related services	1 space per 10,000 square feet of building area or fraction thereof
	Other uses	As deemed necessary by the Planning Board

G. Maximum coverage. The total lot coverage of all buildings, principal and accessory, shall be 35%.

H. Other provisions and requirements.

(1) Wherever an off-street parking area of three or more spaces faces a street, a planting area with a minimum width of three feet shall be provided between the parking area and the sidewalk. The planting plan for this strip shall be approved by the Planning Board as part of the site plan review. Plantings shall be a minimum of three feet high, planted three feet on center.

(2) Any use that abuts the Glen Cove Creek shall show to maximum practical extent on the application some type of public access, such as but not limited to a marina whose boat slips are available for public rental, a park or plaza area or an improved timber walkway having a width of at least eight feet along the entire frontage of the subject property on Glen Cove Creek in order to permit pedestrian access. The access plans shall be approved by the Planning Board with advice from the Harbor and Waterfront Committee and the access shall be available for public use under a mutually acceptable arrangement between the City and the property owner. For security and safety reasons the times that access shall be available to the public shall conform to reasonable business or recreation hours. The agreement between the City and property owner shall incorporate a provision that in exchange for construction and maintenance by the property owner, the City will assume responsibility for liability insurance for that portion of the property over which an easement is granted for public use.

(3) Under no circumstances shall houseboats be permitted to be permanently docked and occupied in waters within the Planned Waterfront District between November and April. Houseboat must have a permanent motor and must be hooked into a pumpout.

I. Procedure.

(1) Application for zoning change to Planned Waterfront District. Petition for a zoning change to permit a PWD designation shall be made to the City Council in accordance with Article VI of this chapter. The City Council shall, upon receipt of said petition, refer the PWD request to the Planning Board for a report and recommendation in accordance with procedures as established in this chapter, and to the Harbor and Waterfront Commission for advice in accordance with Chapter 37 of the Code of the City of Glen Cove.

(2) Application for concept plan approval. In order to allow the Planning Board and the developer to reach an understanding on basic design requirements, the developer shall submit an overall concept plan of the proposal to said Board. The plan shall be drawn to scale, though it need not be to the precision of a finished engineering drawing or site plan. Said plan shall include all items listed below:

(a) The disposition of various land uses and the areas covered by each, in square feet.

(b) The outline of the access road system, including emergency access.

(c) The public and private open space and recreation facilities, including a statement as to how said lands and facilities are to be owned and maintained.

(d) An illustrative site plan indicating the relationship between the existing and proposed roads, existing and proposed buildings, proposed open spaces and recreation areas and proposed parking and loading facilities.

(e) The proposed water, storm and sanitary sewer systems and how they are proposed to be connected to the system of adjoining areas.

(f) Physical features of the WO site prior to development, including both natural and man-made features, indicating all proposed alterations of said physical features.

(g) Studies of peak hour traffic generation derived from the proposed development and its relation to surrounding roads and intersections, including methods developed for alleviating traffic problems, if any.

(h) If the development is to be staged, a clear indication of how the staging is to proceed.

(3) The Planning Board shall review the concept plan and all related documents, and shall consult the Harbor and Waterfront Commission and shall render either a favorable report or an unfavorable report to the City Council and applicant. The Planning Board may, at its discretion, recommend conditions of modifications to the plan for review by the City Council in their decision as to the appropriateness of the rezoning request.

(4) City Council action on the application for rezoning to a PWD District:

(a) Upon receipt of a favorable report from the Planning Board, or upon its own determination subsequent to an unfavorable report, the City Council shall set a date for and conduct a public hearing for the purpose of considering an amendment to the Zoning Map to Planned Waterfront District. Said public hearing shall be conducted within 45 days of the receipt of the Planning Board report.

(b) The City Council shall approve or disapprove the application in accordance with the provisions of Article VI of this chapter.

(c) The City Council, at its discretion, may attach any reasonable conditions on an approved PWD as deemed necessary to assure conformance of the PWD with the intent and objectives of the PWD regulations, as specified in this chapter. The Board, at its discretion, may provide for bonuses in development intensity as recommended by the Planning Board.

(d) The approved PWD with conditions, if any, shall be duly noted on the Zoning Map of the City of Glen Cove, New York.

(5) Conditions regarding Planned Waterfront District approval. The development of the PWD shall be conditional upon the following:

(a) Securing of site plan approval in accordance with the procedures set forth in Article IV of this chapter.

(b) Compliance with all conditions and requirements as may be set forth by the City Council in its granting the PWD.

§ 280-73.2 MW-3 Marine Waterfront-3 District.

[Added 4-13-1999; amended 11-23-2004; 7-28-2009 by L.L. No. 5-2009; 8-24-2010; 3-27-2013 by L.L. No. 1-2013; 1-7-2025 by L.L. No. 1-2025]

A. Purpose and applicability.

(1) Purposes and objectives.

(a) The Marine Waterfront-3 District (MW-3) is designed to apply to waterfront areas and adjacent areas on the north side of Glen Cove Creek.

(b) The purpose of this district is to permit and encourage a range of water-dependent and water-enhanced uses and other related uses within the Glen Cove Creek corridor so that the City’s valuable waterfront resources are utilized properly and in a manner that will ensure an attractive waterfront setting for a variety of appropriate uses that are beneficial to the City’s residents, waterfront property owners and business community. A further purpose is to establish a zoning framework conducive to the creation of an attractive mixed-use community with residential/retail/commercial business/recreation/tourist/entertainment and cultural components. The intent is to create a marketable and sustainable development that will benefit the City and the surrounding environment.

(c) In addition, since portions of the Glen Cove Creek area contain structures considered to be substandard and uses that are considered obsolete and inappropriate for this location, the objectives of the district also include the elimination of blight and blighting influences, incompatible uses, the assemblage of sites and redevelopment of areas with uses more appropriate to this strategic location within the community.

(d) It is further the intent of this district to assure that development optimizes the waterfront location and encourages water-dependent or water-enhanced uses, public access and use of the waterfront for residents and/or employees of, and visitors to, the area and the entire Glen Cove community.

(2) Applicability. These purposes and objectives will be considered in the mapping of this zone and in the review of any site plan or special permit use within the district.

B. Permitted principal uses on the south side of Garvies Point Road and Herb Hill Road:

(1) Restaurants, excluding catering facilities, provided that they are located on the land and provide table service, and boat access and/or pedestrian access to the waterfront. No structure on flotation will be permitted. For purposes of this section, no moored barge or houseboat can be considered to be located on the land.

(2) Yacht broker or marine insurance broker.

(3) Retail uses limited to: sail loft or ship’s chandlery, retail sale and/or rental of boating, fishing, diving and bathing supplies and equipment, provided that no single store shall exceed 10,000 square feet. Such retail uses in a larger space may be permitted at the discretion of the Planning Board. All retail uses shall occur in structures or spaces limited in size as noted to ensure visual access from public walkways and esplanades. The Planning Board shall have the right to determine the final size and configuration of such buildings to achieve the objectives of this zoning district. Multiple structures with shared parking and interconnected by pedestrian ways are encouraged. If the property in retail use abuts the water, continuous public pedestrian access to the waterfront must be provided.

C. Special permit uses at the discretion of the Planning Board on the south side of Garvies Point Road and Herb Hill Road:

(1) Yacht clubs and marinas. No boat may be occupied overnight that does not have a holding tank for sewage waste with deck fittings permitting mechanical pump-out at dockside.

(2) Marina slips for transient boaters accessory to a principal use, provided that no boat may be occupied overnight that does not have a holding tank for sewage waste with deck fittings permitting mechanical pump-out at dockside that can be mechanically pumped out.

(3) Indoor or outdoor recreational facilities and uses at the discretion of the Planning Board.

(4) Planned Unit Development (PUD). On sites with a minimum area of 25 contiguous acres, a planned unit development subject to the following use and design criteria, provided that at least four of the uses indicated in Subsection C(3)(a) below are included and achieve the purposes and objectives of this district in the opinion of the Planning Board. Each applicant for a PUD shall comply with the requirements of Article 8 of the Environmental Conservation Law and shall prepare a draft environmental impact statement (EIS) and a final EIS for consideration by the lead agency, which contains a cumulative assessment of the buildout of the MW-3 Zone. Notwithstanding anything to the contrary, any PUD approved by the Planning Board pursuant to these provisions may include additional contiguous and noncontiguous property on the south side of Garvies Point Road or Herb Hill Road and may include additional acreage on the north side of Garvies Point Road or Herb Hill Road.

(a) Uses.

[1] All uses permitted in Subsection B(1) through (3) above and special permit uses included in Subsection C(1) and (2) above and accessory uses as provided in Subsection F (Accessory uses).

[2] Educational, cultural, or entertainment uses, which may include uses such as museums, galleries, exhibit facilities, aquariums, theaters or other similar uses the primary focus of which is on waterfront, marine or Long Island’s north shore culture and history and/or will contribute to the City’s objective to create the Glen Cove waterfront as a destination. Such uses may include offices and retail use as part of the principal use, and accessory thereto.

[3] Hotel, spa, conference center, catering and restaurant uses, provided that for sites with water frontage the use is designed with public access to the water via one or more of the following: boat slips for transient or seasonal use, marina use, esplanade, boardwalk, park, plaza or open space.

[4] Business and professional offices and retail uses. Such retail uses shall fulfill the purposes and objectives of this district. In particular, such retail uses and services shall be of a type and quantity that will appeal to both residents and visitors as well as attract people to the waterfront and complement the Central Business District.

[5] Boat docks, pump-out stations, slips, piers, terminals and wharves for yachts, pleasure boats, dinner cruises, ferries, water taxis or boats for hire any and/or all of which are intended to carry passengers on excursion, commuting, pleasure or fishing trips, or for vessels engaged in fishery or shell fishery.

[6] Multiple dwellings, residences and townhouses. Where such residences are in mixed-use structures, they shall be designed in an approved manner.

[7] Food kiosks, provided they are located on land.

[8] Retail sale of fish, shellfish and/or produce.

(b) PUD criteria. The provisions of Subsection G regarding lot area and building requirements of the MW-3 District shall not apply to a PUD within this zone, including accessory uses in said PUD, provided that the following criteria are satisfied:

[1] Maximum residential density: 20 units per acre of the site devoted to the planned unit development, provided that a minimum of 10% of the dwelling units shall be workforce housing as defined by the City of Glen Cove. The gross residential density is an aggregate number to be distributed by the PUD massing.

[2] Height and open space. Maximum height shall be established by the Planning Board during site plan review. The Planning Board shall, to the maximum practical extent, consider maximum height in light of the following objectives for development within the PUD site area:

[a] The balancing of building scale and density with the maximization of publicly accessible open space within the PUD site area, and the use of landscaping to mitigate and balance the visual impact of building size (including landscaped roof terraces to the extent practicable).

[b] The creation of view corridors, from public streets and open spaces on the site and/or surrounding streets, to Glen Cove Creek and Hempstead Harbor, and to the Garvies Point Preserve.

[c] The creation of varied and interesting vistas when viewed from the south side of Glen Cove Creek and from various points within and around the PUD site area. This will include an appropriate variety and range of building scales and heights and careful transitions between scales.

[d] The height of buildings and structures shall not exceed the treetop elevation of the ridgeline of the Garvies Point Preserve. The creation of appropriate transition of building size between the waterfront of Glen Cove Creek and the ridgeline shall be considered.

[e] The architectural treatment of buildings, such that when viewed from a distance, building masses are broken up visually through the use of techniques such as, but not limited to, stepping bays and recesses, balconies and terraces, changes of material, to create a sense of scale and visual relief.

[f] The architectural treatment of those portions of buildings, in particular the facades of first and second floors, that face or adjoin pedestrian-oriented streets, sidewalks, open spaces and esplanades, such that the quality of the pedestrian experience is maximized through the use of techniques such as, but not limited to, quality and variety of faade materials, architectural detail, variety in massing such as bays and recesses, location and scale of windows and doors, inclusion of features such as porches, steps, planters, awnings, etc.

[g] The balancing of building scale and density with the maximization of concealed parking facilities within the PUD area, and the use of landscaping, architectural treatments, roof gardens and courtyards, to conceal or mitigate the visual and environmental impacts of parking structures or surface lots on the site and the surrounding areas.

[3] Minimum distance between principal structures to be determined by the Planning Board to maximize the creation of view corridors and open space.

[4] Minimum off-street parking.

[a] Off-street parking shall be as determined by the Planning Board, taking into consideration criteria established in Subsection I(1) herein and the objectives of Subsection C(3)(b)[2][g] above. All required parking for residential uses and at least one-half of parking required for all other uses shall be provided within structures or covered. Tandem spaces may be permitted if both of the spaces are assigned to one dwelling unit or commercial or other permitted user or if valet or attendant parking is provided. On-street parking may be permitted at the discretion of the Planning Board. Shared parking may be permitted by the Planning Board in accordance with Subsection I(3) below.

[b] The treatment of parking shall include the integration of parking facilities into landscape designs and building structures to minimize visual impacts of parking garages and parking lots on public streets, open spaces, esplanades and view corridors.

[5] No structure or parking area may be located within 30 feet of the mean high water line or bulkhead line unless the project involves a walkway or esplanade along the water accessible to the public or some other means of public access acceptable to the Planning Board, in which case said setback requirement may be reduced or eliminated.

[6] The PUD shall contain an ample amount of public open space (but not less than 25% of the overall PUD site), including, but not limited to: squares, greens, parks, new or enhanced wetlands and esplanades whose use by residents and the public is encouraged through prominent placement and design.

[7] The PUD shall have a connected network of pedestrian and bicycle access. Automobile traffic and parking shall be accommodated in ways that respect the safe and comfortable movement of pedestrians throughout the development. The PUD shall contain well-designed pedestrian-oriented streetscapes, including sidewalks, street trees, and lighting, and shall have appropriate relationship of building faade and entrances to pedestrian areas.

[8] Inclusion of an intermodal transportation system, which may include, but not be limited to, trolleys, jitneys, people movers, and streetcars, in order to connect the waterfront with downtown, and reduce automobile dependency.

[9] The use of an interconnected street system where possible, avoiding cul-de-sacs and utilizing street design which encourages “traffic calming.”

[10] The submission of a plan by the applicant for the provision of off-site public amenities and/or infrastructure required as a result of the proposed PUD, whether by transfer, gift, lease, easement or otherwise, to the extent that the same may be acceptable to the Planning Board, and is feasible and adequate. The public amenities and/or infrastructure items may include, but are not limited to, the construction and maintenance of sidewalks, roadways, sewer systems, water systems, other types of off-site infrastructure, transportation systems and facilities, waste disposal systems and facilities, police and fire protection facilities, cultural facilities, recreational facilities, or a cash payment to the City in lieu thereof. The determination whether any such plan is acceptable, in form and substance, feasible and adequate, shall rest in the sole and unfettered discretion of the Planning Board. The Planning Board may impose any additional reasonable terms and conditions which it finds necessary and appropriate to effectively secure for the City the benefit of one or more community amenities, or cash in lieu thereof, in order to ensure that the purpose and intent of this subsection is fulfilled.

(c) PUD procedure.

[1] Authority. The City Council hereby designates the Planning Board to review and act upon all Planned Unit Development ("PUD") applications, as set forth in this section.

[2] Definitions. As used in § 280-73.2C(3)(c), the following terms shall have the meanings indicated:

PUD MASTER DEVELOPMENT PLAN

A proposal for a PUD, which may be developed in phases or sections, showing the layout of the proposed project, including, but not limited to, maps, plans or drawings relating to the proposed land uses, approximate location and dimensions of buildings, the proposed facilities, including preliminary plans and elevations, architectural features, lot sizes, setbacks, height limits, buffers, screening and landscaping, lighting, open space areas, parking and loading, traffic circulation, protection of natural resources, public or private amenities, adjacent land uses and physical features, and such other elements as may be required by the Planning Board.

PUD MASTER DEVELOPMENT PLAN APPROVAL

The approval, or approval with conditions or modifications, of the layout of a PUD as set forth in a PUD Master Development Plan, subject to PUD site plan approval for each phase or section of the approved PUD Master Development Plan. PUD Master Development Plan approval shall constitute the special permit use required for a PUD under § 280-73.2C(3).

PUD SITE PLAN

The plans or drawings constituting a PUD Master Development Plan, or a phase or section thereof, prepared by an architect, landscape architect, civil engineer, surveyor, land planner or other licensed professional which contains any additional detail or documentation deemed necessary by the Planning Board and includes those elements listed in § 280-16 of the Code of the City of Glen Cove.

PUD SITE PLAN APPROVAL

The approval, or approval with conditions or modifications, of a PUD site plan by the Planning Board in accordance with the standards, requirements and procedures as set forth in General City Law § 27-a and Chapter 280 of the Code of the City of Glen Cove (specifically Article IV of Chapter 280, entitled "Site Plan Review"). A PUD site plan approval may be granted in the Planning Board's discretion for the entire PUD Master Development Plan, or one or more phases or sections of the PUD Master Development Plan.

PUD SUBDIVISION

The plans or drawings indicating the proposed division of any parcel of land that is part of a PUD Master Development Plan into two or more lots, blocks, sites or units, with or without streets or highways, for the purpose of sale, transfer of ownership or development.

PUD SUBDIVISION APPROVAL

The approval of a PUD subdivision by the Planning Board in accordance with the standards, requirements and procedures as set forth in General City Law § 32 and Chapter 245 of the Code of the City of Glen Cove.

[3] Two-phase process. Application for development approval for a PUD within the MW-3 District shall follow a two-phase review process:

[a] Application for PUD Master Development Plan approval shall be made to the Planning Board.

[b] Application for PUD site plan approval shall be made to the Planning Board, subject to the requirements of an approved PUD Master Development Plan, and in accordance with the standards, requirements and procedures as set forth in General City Law § 27-a and Chapter 280 of the Code of the City of Glen Cove.

[c] An applicant may also make an application for PUD subdivision approval in connection with an application for PUD Master Development Plan approval as set forth in this section.

[d] Applications for PUD site plan approval and PUD subdivision approval may be submitted together with an application for a PUD Master Development Plan approval and all such applications may be processed concurrently by the Planning Board.

[4] PUD Master Development Plan application. Any application for PUD Master Development Plan approval pursuant to the provisions of this section shall be submitted in 12 copies to the Planning Board, and shall include the following:

[a] PUD Master Development Plan. A proposed PUD Master Development Plan drawn at a scale of not less than one inch equals 100 feet and consisting of one or more sheets, indicating the following information for the entire proposed project:

[i] Property lines, and the names of all adjoining streets and property owners;

[ii] Topographic information, including contours with a vertical interval of no more than two feet measured from mean high-water level;

[iii] Existing natural features, and existing and proposed man-made features;

[iv] Location of all existing zoning district boundaries, roads, buildings, structures and parking areas located within 300 feet of the proposed PUD boundary;

[v] Proposed elements of the vehicular and pedestrian circulation systems;

[vi] A land use plan showing the proposed location of all buildings and uses, their type, size and composition, sites reserved for open space and public utilities, and any on-site or off-site public amenities, etc. (A summary schedule of proposed uses and the gross floor area of each for the entire PUD shall be included.);

[vii] Nature and location of all existing and proposed utility and service systems and facilities, including sanitary sewage, water supply, stormwater drainage, public utilities and refuse collection;

[viii] Name and address of the applicant, the property owner and, if the applicant is other than the property owner, evidence of the applicant's authority to act; and of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project;

[ix] Illustrative design concepts (including preliminary architectural drawings, and preliminary landscaping and lighting plans), indicating how the design of buildings and development areas will meet the stated legislative intent, purposes and goals for PUD development; and

[x] Any other information deemed reasonably necessary by the Planning Board.

[b] Written statement. A written statement accompanying the PUD Master Development Plan containing a narrative description of the proposed PUD, which shall include:

[i] Basic concept and rationale of the proposed plan, including, an explanation of how its approval will serve to implement the intent, purposes and goals of this section and the Master Plan of the City;

[ii] Explanation of the extent to which the proposed plan may be in conformance with a conceptual site or other preliminary design plan, if any, which is the subject of any preexisting agreement concerning the PUD development;

[iii] A preliminary analysis estimating the various quantitative elements of the proposed plan, such as the gross floor area of all uses, the proposed number of residential units and number of off-street parking spaces;

[iv] Proposals for the construction, operation and maintenance of all utility systems and road improvements and other infrastructure;

[v] Proposals for the ownership, use and maintenance of all open spaces and other common areas, roads, walkways, utilities and other infrastructure; and

[vi] A description of any proposed covenants and restrictions intended to be offered by the applicant.

[c] Phasing plan. A proposed phasing plan, indicating the approximate phasing of site development and infrastructure improvements, both on site and off site, including, the general order of construction and estimated timing of each phase.

[d] Visual simulations. Visualizations demonstrating a clear understanding of the potential visual impacts of the proposed development.

[e] List of approvals required. A list of anticipated approvals required from various government agencies prior to proceeding with the first phase, and any subsequent phases of development.

[f] Proof of ownership. Proof of title and affidavit as to ownership and/or control of all involved properties.

[g] SEQRA documentation. A full environmental assessment form ("Full EAF") or draft environmental impact statement ("DEIS") in lieu of a full environmental assessment form.

[h] Disclosure affidavit. A disclosure affidavit as required by the Planning Board pursuant to General Municipal Law § 809.

[i] Fee. All PUD Master Development Plan applications shall be accompanied by a processing fee as established and amended from time to time by resolution of the City Council.

[j] Qualifications. A statement of qualifications and experience of the applicant and all professional members of the development team, which shall include, where applicable, a reference to any agreement with or resolution by the City of Glen Cove or any of its agencies that approves or designates the applicant as the developer of the project.

[5] Building Department review. An application for PUD Master Development Plan approval shall be reviewed by the Building Department Director ("BDD") to determine whether or not the application contains all the requisite information for completeness as set forth in Subsection C(3)(c)[4] above. The BDD's determination shall be made within 20 calendar days of receipt of the application by the Planning Board. Once the application meets the requirements for application completeness, the date shall be recorded and used as the official submission date of the PUD Master Development Plan application, and the application shall be referred to the Planning Board to commence its review in accordance with the procedures set forth in this section.

[6] Public hearing. The Planning Board shall conduct a public hearing within 62 days from the day a PUD Master Development Plan is deemed complete by the Planning Board. For purposes of this section, a PUD Master Development Plan application shall be deemed complete upon the filing of a negative declaration or a notice of completion of the draft environmental impact statement, as the case may be, by the Planning Board. Public notice of said public hearing shall be provided in accordance with the requirements of § 280-21 of the Code of the City of Glen Cove, and shall also be given by at least one publication in the official newspaper of the City not less than 10 days before the date of such hearing. The public hearing on the PUD Master Development Plan application may be held jointly with any other public hearings, which may be applicable to the specific project. The proposed PUD Master Development Plan, as well as the proposed PUD site plan and/or PUD subdivision if concurrent applications are made, together with the Full EAF or DEIS, shall be made available for public review on the City's website and at the office of the City Clerk and any other public place designated by the Planning Board. The time within which the Planning Board shall conduct a public hearing may be extended by mutual consent of the applicant and the Planning Board.

[7] Referral to County Planning Commission. The Planning Board shall comply with the requirements of § 239-m of the General Municipal Law.

[8] Planning Board review considerations of PUD Master Development Plan. The Planning Board shall consider the following factors in determining whether to approve a proposed PUD Master Development Plan application, including, but not limited to:

[a] Extent to which the application serves to implement the legislative intent, purposes and goals set forth in this section and the Master Plan of the City;

[b] Extent to which the application may be in conformance with a conceptual site or other preliminary design plan, if any, which is the subject of any preexisting agreement concerning the PUD development;

[c] Proposed mix of land uses and their planned design and arrangement on the site, including compatibility with environmental conditions, neighboring sites and land uses;

[d] Potential impact of the proposed development upon the area in which it is located, and upon the City and the region as a whole; and

[e] Adequacy of the phasing plan relative to the uses in each phase.

[9] Planning Board action on PUD Master Development Plan.

[a] The Planning Board shall act to approve, approve with conditions or modifications or disapprove the PUD Master Development Plan application within 62 days after the close of the public hearing or the completion of SEQRA as evidenced by a resolution of the Planning Board, whichever is later. The time frames provided under SEQRA shall govern whenever there is a conflict in time frames. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.

[b] The Planning Board shall have the authority to impose conditions and restrictions, which are directly related to and incidental to the proposed PUD Master Development Plan. Such conditions may include, without limitation:

[i] Required modifications of any aspect of the PUD Master Development Plan, including partial approval of all or any portion of the plan;

[ii] Restrictions on the quantity, type and location of each permitted land use;

[iii] Requirements relating to construction, ownership, operation, and maintenance responsibility for both on-site and off-site infrastructure improvements;

[iv] Provisions ensuring the permanent ownership, preservation and maintenance responsibility for required open spaces, public amenities, and for buildings or sites of significant historical and/or archeological value;

[v] The establishment of standards, including design, performance, and/or bulk standards, as deemed appropriate by the Planning Board, to govern future PUD site plan approvals and/or PUD subdivision approvals for individual phases or sections of the proposed development;

[vi] Requirements relating to the phasing, timing and/or sequencing of the proposed development and related improvements; and

[vii] Any other items relating to the health, safety and general welfare of the public.

[c] A copy of the Planning Board's decision to approve, approve with conditions or modifications, or disapprove the PUD Master Development Plan application shall be filed with the City Clerk within five business days of the date of the decision, together with a copy of any approved PUD Master Development Plan.

[d] Approval or approval with modifications of a PUD Master Development Plan application shall expire 12 months after the date of the PUD Master Development Plan approval unless the applicant has submitted an application for PUD site plan approval for the entire PUD Master Development Plan, or a phase or section thereof within such time frame, and is pursuing said application in good faith. The Planning Board may extend for good cause shown the duration of the PUD Master Development Plan approval period for additional six-month periods, without limitation.

[10] SEQRA. In its review of any PUD Master Development Plan pursuant to this section, the Planning Board shall comply with the provisions of the State Environment Quality Review Act, and its implementing regulations.

[11] Planning Board action on applications for PUD site plan approval and PUD subdivision approval.

[a] Upon the Planning Board's approval, or approval with conditions or modifications of the PUD Master Development Plan, it may act on applications for PUD site plan approval and/or PUD subdivision approval, which relate to the entire project or to individual sections thereof.

[b] The review and consideration of applications for PUD site plan approval and PUD subdivision approval shall be in accordance with the standards, requirements and procedures as set forth in General City Law §§ 32 and 27-a, and Chapters 245 and 280 of the Code of the City of Glen Cove, and with the additional requirements as set forth herein. PUD site plan approval and/or PUD subdivision approval shall be required prior to the issuance of any permit for building, demolition, land clearing, land use or land development within a PUD, or any phase or section thereof, unless this requirement is waived by the Planning Board in connection with any proposed site work, which the Planning Board determines to be in furtherance of the health, safety and general welfare of the public.

[c] The Planning Board, when reviewing an application for PUD site plan approval and/or PUD subdivision approval, which relates to the entire PUD Master Development Plan, or to individual phases or sections thereof, shall consider, without limitation:

[i] Conformity of the application to any approvals or agreements that may pertain to the development, and any conditions imposed by the Planning Board as part of its PUD Master Development Plan approval;

[ii] Adequacy, location, arrangement, design and appearance of each aspect of the development for consistency with the approved PUD Master Development Plan;

[iii] The applicant's efforts to comply with all applicable timing and sequencing requirements and conditions of the PUD Master Development approval, as well as the applicant's diligence in acting on any prior PUD site plan approvals that may have been granted;

[iv] Any phase or section of the PUD Master Development Plan for which the Planning Board shall grant PUD site plan approval shall be determined to be capable of being self-supporting and sustainable and environmentally sound in the event that the applicant does not proceed with other sections, provided that the intent of this section is that the applicant will proceed with and complete the entire PUD Master Development Plan;

[v] Functional relationship between the individual phases or sections for which the applicant seeks PUD site plan approval and/or PUD subdivision approval, and the other phases or sections of the approved PUD Master Development Plan, to ensure, among other things, that the appropriate infrastructure and amenities shall be completed in accordance with future timetables and conditions.

[vi] Dedication of land for permanent preservation and the construction of on-site and/or off-site infrastructure improvements shall be accomplished in conformance with the phasing plan approved as part of the PUD Master Development Plan approval, as may be modified by the Planning Board as part of a PUD site plan approval or PUD subdivision approval, and shall be installed so as to properly serve the proposed site development. In order to make such determination, the Planning Board may require the preparation and submission of additional detailed plans and/or studies with respect to water supply, sewerage service, stormwater drainage, road improvements and other utilities and services, as the Planning Board may deem necessary to serve not only the individual phases or sections proposed, but the PUD as a whole.

[d] Any action taken by the Planning Board on an application for PUD site plan approval or PUD subdivision approval shall be made subject to the applicant obtaining all other necessary approvals, licenses and/or permits as may be required from other federal, state or local governmental agencies having jurisdiction thereof. As a condition of approval, each applicant shall be required to file appropriate legal documentation as the Planning Board determines necessary to provide for and ensure the continued proper future maintenance, use and ownership responsibility for all land dedications, common areas, facilities, utilities and services, for the individual phases or sections proposed and the PUD as a whole. Such documentation shall be acceptable to the City Attorney in form and substance.

[e] In its review of any PUD site plan and/or PUD subdivision pursuant to this section, the Planning Board shall comply with the provisions of the State Environment Quality Review Act, and its implementing regulations.

[f] The Planning Board in its sole and reasonable discretion may waive any design requirement or requirement for the provision of improvements contained in Chapter 245, where waiving said requirement is consistent with an approved PUD Master Development Plan.

[g] Approval of a PUD site plan by the Planning Board shall expire 18 months after the date of the PUD site plan approval. The Planning Board shall extend the duration of the PUD site plan approval period for additional six-month periods, without limitation, if an applicant demonstrates that it is proceeding in good faith to develop its property in accordance with the PUD site plan approval.

[12] Applicability. This § 280-73.2C(3)(c) shall be applied to any application pending before the Planning Board at the time of the effective date of this section, provided that any such application pending before the Planning Board upon the effective date herein shall be deemed to have complied with the relevant provisions of this section, which may have passed in time.

(d) Vested rights.

[1] Legislative intent and findings. The implementation of a PUD Master Development Plan often involves a multiyear build-out following substantial investment in the land use approvals process. This vested rights regulation is enacted with the intent of providing a reasonable balance between the expectation and desire of private applicants/property owners seeking to implement an approved PUD Master Development Plan to know that zoning and other applicable laws and regulations will not change during the project build-out period, and the right of the present and future City Council to enact and apply zoning amendments and other planning and environmental regulations when the public health, safety, or general welfare requires. The City Council finds that it is necessary and desirable, as a matter of public policy, to provide for the establishment of certain statutory vested rights given the practical timing, cost, phasing and other considerations involved in implementing an approved PUD Master Development Plan, as well as to stimulate economic growth and foster cooperation between the public and private sectors in land use planning. The City Council further finds that this vested rights regulation is consistent with the general principles set forth in the City's Master Plan, dated May 2009 and the City's Smart Growth Comprehensive Plan Update dated July 2024. Nothing in this section shall prohibit, preempt or otherwise prevent in any way an applicant from obtaining vested rights to complete any part of its approved PUD Master Development Plan by common law or otherwise.

[2] Vested rights.

[a] For 12 years following the Planning Board's approval of a PUD Master Development Plan in the MW-3 District located on the south side of Garvies Point Road and Herb Hill Road, and including the portion of the approved PUD Master Development Plan for the RXR Glen Isle Mixed-Use Waterfront Development Project located on the north side of Garvies Point Road and Herb Hill Road, and subject to the extension provisions below, an applicant, or its successor(s) in interest, shall retain vested rights to undertake and complete the development shown on said PUD Master Development Plan, and under the terms and conditions of all relevant approving resolutions and SEQRA findings. All City local laws, ordinances, and enactments, and all other City zoning, planning, and environmental rules, requirements or regulations, which are in effect at the time of the Planning Board's approval of a PUD Master Development Plan, shall remain applicable to said approved PUD Master Development Plan for 12 years, except when there is:

[i] Newly discovered information or a change in circumstances establishing that the project or any portion thereof is likely to materially harm or endanger the public health, safety, general welfare or biological habitat if the project were to proceed as contemplated in the approved PUD Master Development Plan, and that such harm or endangerment would not be prevented by existing laws, codes, ordinances, rules or regulations, or by any governmental entities, as determined by the Planning Board in its sole discretion, which determination shall be set forth in writing and shall be deemed a final agency action; or

[ii] A change in supervening federal or state laws, rules or regulations, which would materially and adversely affect said development as contemplated in the approved PUD Master Development Plan.

[b] In the event that a vesting exception set forth in Subsection C(3)(d)[2][a][i] and/or [ii] above is implicated, said exception shall relate only to the portion or aspect of the development affected by the newly discovered information, change in circumstance or new law, rule or regulation, and the vesting protections provided herein shall continue with respect to any portion or aspect of the development not affected by the newly discovered information, change in circumstance or new law, rule or regulation. A vested property right is not a personal right, but shall attach to and run with the applicable property. The twelve-year vesting period shall not be extended by any amendments or modifications to the PUD Master Development Plan unless expressly provided by the City Council.

[3] Status report. An applicant that has retained vested rights hereunder shall submit annually to the Planning Board, City Council, Glen Cove Industrial Development Agency, and Glen Cove Community Development Agency, a written status report describing the progress of the development of the approved PUD Master Development Plan. Such yearly status report shall be submitted not sooner than 30 days, and not later than 15 days, prior to each anniversary of the Planning Board's approval of the PUD Master Development Plan.

[4] Rescission.

[a] Following the Planning Board's approval of a PUD Master Development Plan, the Planning Board shall evaluate periodically the progress of the development of the PUD Master Development Plan, and shall have the right to rescind any vested rights retained hereunder through approval of a PUD Master Development Plan for a particular applicant at any time if the Planning Board finds in a written determination supported by substantial evidence that the applicant's actions or inactions with respect to developing the approved PUD Master Development Plan constituted extreme or egregious unreasonableness under a rational commercial person standard.

[b] The City Council may, by a duly adopted resolution, make a referral to the Planning Board to notify the Board of a potential basis to rescind any vested rights retained hereunder. The Planning Board shall make a written determination supported by substantial evidence regarding whether rescission is warranted in accordance with the standard set forth in Subsection C(3)(d)[4][a] above. The Planning Board's determination shall be made within sixty (60) days after referral from the City Council, unless said time period is mutually extended by the City Council and Planning Board.

[5] Extension. Upon the expiration of the aforementioned twelve-year period or any time prior thereto, the City Council shall have the right in its discretion to adopt a resolution extending the vested rights retained hereunder based upon the applicant's good faith efforts in completing the build-out of the PUD Master Development Plan. Notwithstanding anything to the contrary in this section, the vested rights retained hereunder shall be extended automatically for the amount of time equal to any material delay in the City's completion of any major public infrastructure work, environmental remediation or any other obligations required for the PUD development that the City or any of its agencies is responsible for completing pursuant to any agreement concerning the PUD development, provided that the delay was not caused by the actions or inactions of the applicant.

[6] Expiration of PUD Master Development Plan approval. Nothing herein relating to vested rights shall be deemed to modify or alter in any way the expiration date of a PUD Master Development Plan approval, or the Planning Board's right to grant an extension of said approval, as provided for by law.

[7] Applicability. This section shall be applied only to PUD Master Development Plans approved by the Planning Board in the MW-3 District located on the south side of Garvies Point Road and Herb Hill Road, and including the portion of the approved PUD Master Development Plan for the RXR Glen Isle Mixed-Use Waterfront Development Project located on the north side of Garvies Point Road and Herb Hill Road.

D. Permitted principal uses on the north side of Garvies Point Road and Herb Hill Road:

(1) Any non-water-dependent uses permitted in Subsection B on the south side of Garvies Point Road or Herb Hill Road as indicated above.

(2) Business and professional offices and research, design and development laboratories.

(3) Uses related to the production of cinema and other entertainment mediums.

E. Special permit uses at the discretion of the Planning Board on the north side of Garvies Point Road and Herb Hill Road:

(1) Light industry, as defined herein, limited to assembly, prototype development and processing that does not utilize chemicals in the process.

(2) Expansion of existing industry not covered in Subsection E(1) above, provided that such expansion is within the permitted bulk requirements of this district and that such expansion does not hinder the achievement of the objectives of the MW-3 Zone.

(3) Indoor or outdoor recreational facilities and uses at the discretion of the Planning Board.

(4) A portion of a PUD approved by the Planning Board in accordance with Subsection C(4) above, including any conditions applicable thereto.

(5) Planned unit development (PUD). On sites with a minimum area of 14 contiguous acres, a planned unit development subject to the following uses and design criteria and provided that at least four of the uses indicated in Subsection E(5)(a) below are included and, in the opinion of the Planning Board, achieve the purposes and objectives of this district. Each applicant for a PUD shall comply with the requirements of Article 8 of the Environmental Conservation Law and shall prepare a draft environmental impact statement (EIS) and a final EIS for consideration by the lead agency, which contains a cumulative assessment of the buildout of the MW-3 Zone. Any PUD approved by the Planning Board pursuant to these provisions may include additional noncontiguous property within the MW-3 district.

(a) Uses.

[1] All uses permitted in Subsection C(4)(a)[1] through [8].

(b) PUD criteria. The provisions of Subsection G below, regarding lot area and building requirements of the MW-3 District, shall not apply to a PUD within this zone, including accessory uses in said PUD, provided the following criteria are satisfied:

[1] Density.

[a] Maximum residential density: 18 units per acre provided a minimum of 10% of the units shall be workforce housing as defined by the City of Glen Cove. Phased development of a PUD shall include 10% workforce housing during each development phase.

[b] Residential development with a minimum of 20% of the units throughout the entire development project being workforce housing as defined by the City of Glen Cove shall allow for 20 units per acre. Phased development of a PUD shall include 20% workforce housing during each development phase.

[c] Residential development with a minimum of 40% of the units throughout the entire development project being housing for first responders, veterans of the U.S. military, or elderly persons 62 years or older containing any combination of senior independent-living facilities, senior congregate-living facilities, senior assisted-living facilities, and senior day-care facilities shall allow for 23 units per acre. Any phased development of a PUD shall distribute this requirement proportionally to the satisfaction of the Planning Board.

[2] Available bonuses.

[a] A bonus of up to 20% of units per acre may be awarded by the Planning Board for any site designated as a New York State or Federal Superfund Site or eligible for the New York State Department of Environmental Conservation Brownfield Clean-up Program which will be remediated as part of the development.

[3] Same criteria as set forth in Subsections C(4)(b)[2][a] through [g] with the exception of Subsection [d], which is replaced with the following Subsection [d]: the height of buildings and structures shall not exceed 65 feet with an appropriate transition of building height between lower and higher elevations within the PUD development area as approved by the Planning Board.

[4] Same criteria as set forth in Subsection C(4)(b)[3].

[5] Minimum off-street parking.

[a] Off-street parking shall be as determined by the Planning Board, taking into consideration criteria established in Subsection I(1)below and the objectives of subsection C(4)(b)[2][g] above. One parking space per unit for multifamily residential uses which space shall be bundled with the rental agreement, except for senior living uses. Parking senior living uses shall be determined at the discretion of the Planning Board. On-street parking may be permitted at the discretion of the Planning Board. Shared parking may be permitted by the Planning Board in accordance with Subsection I(3) below.

[b] The treatment of parking shall include the integration of parking facilities into landscape designs and building structures to minimize visual impacts of parking garages and parking lots from public streets, off-site open spaces, esplanades and view corridors.

[6] The PUD site shall contain not less than 20% public open space, including, but not limited to: squares, greens, parks, new or enhanced wetlands, and esplanades, all of which, through prominent placement and design, encourage use by residents and the public.

[7] Same criteria as set forth in Subsection C(4)(b)[7].

[8] Same criteria as set forth in Subsection C(4)(b)[9].

[9] Same criteria as set forth in Subsection C(4)(b)[10].

(c) PUD procedure.

[1] Same as for the south side of Garvies Point Road and Herb Hill Road PUD, Subsection C(4)(c).

(d) Vested Rights.

[1] Same as set forth in Subsection C(4)(d).

F. Accessory uses:

(1) Uses customarily incidental or accessory to the principal uses subject to review and approval by the Planning Board, including but not limited to swimming pools, tennis courts, rest rooms, showers, maintenance, service and utility buildings and laundry facilities.

(2) Signs in accordance with City of Glen Cove sign regulations. All signs shall be approved by the City of Glen Cove Planning Board or Sign Review Committee (SRC).

(3) Off-street parking.

G. Lot area and building requirements for principal uses, except for properties covered by the provisions of Subsections C(3) and E(3).

(1) Minimum lot area: 40,000 square feet.

(2) Minimum width: 100 feet.

(3) Minimum frontage along street: 100 feet.

(4) Minimum setback from street: 20 feet (no parking permitted in this setback).

(5) Minimum rear yard: 20 feet to property line. When a use abuts the water, no structure may be closer than 30 feet to the mean high water line or bulkhead unless the project includes a walkway or esplanade along the water accessible to the public or some other means of public access acceptable to the Planning Board, in which case said setback requirement may be reduced or eliminated.

(6) Minimum side yard: not required. If provided, such yard shall be 15 feet.

(7) Minimum corner side yard: 25 feet.

(8) Maximum height: two usable stories and in no event to exceed 35 feet. Where a building is at least 300 feet from a one- or two-family zone, the height may be four stories, but not more than 52 feet. Such increase in height shall be subject to a special permit.

(9) No single building or group of attached buildings shall exceed 100 feet in length without a break in the plane of the facade. The distance between buildings, if any, shall be at least 15 feet. Buildings located within 100 feet of the bulkhead or high water line along the Glen Cove Creek shall not exceed 50 feet in dimension facing such waterfront.

(10) Maximum development coverage (all impermeable surfaces) shall be 65% except as otherwise provided herein.

H. Lot area and building requirements for accessory uses, except for properties covered by the provisions of Subsections C(3) and E(3):

(1) Minimum distance to front (street) property line: 60 feet, except parking which may be 20 feet from the front street line.

(2) Minimum distance to any other property line: same as for principal use except accessory PUD parking permitted within the R-3A residential zone or any parking adjacent to a residential use or zone shall provide a fifteen-foot planted buffer acceptable to the Planning Board.

(3) Maximum height: one story, and in no event to exceed 20 feet.

I. Parking and loading requirements except for properties covered by the provisions of Subsections C(3) and E(3).

(1) Off-street parking.

Use	Spaces Required
Yacht club	1 for each 2 slips, plus 1 for each 2 total employees
Restaurant/Catering	1 per 3 seats, plus 1 space per 2 employees on the largest shift
Retail	1 per 250 square feet of gross floor area
Professional or business office	1 per 200 square feet of space (exclusive of bulk storage, common area or utility areas)
Medical, dental office	1 per 150 square feet of office space (exclusive of bulk storage, common area or utility area)
Hotel	1 per hotel room or suite, plus 1 per 2 employees on the largest shift, plus 1 space for each 4 total seats in a meeting or conference facility
Light industry or laboratory	Same as I-1 District §280-69G
Residences	2 spaces per dwelling unit with 1 or more bedrooms; 1 space per efficiency or studio dwelling unit
Other uses	As deemed necessary by the Planning Board

(2) Loading.

Use	Spaces Required
Retail and industry	1 per 25,000 square feet of building area or fraction thereof
Office in excess of 50,000 square feet	1 per 50,000 square feet of building area or fraction thereof
Yacht club and related services and other uses	As deemed necessary by the Planning Board

(3) Shared parking. Where two or more uses are on the same lot, or part of a planned unit development, the total amount of parking spaces to be provided shall be the sum of the requirements, if any, for each individual use on the lot; the Planning Board may vary this requirement if the Board finds that the sharing of parking during the probable time of maximum use of such establishments is such as to permit a variation; however, once one or more of the uses terminates, the property owner shall be responsible for assuring adequate parking in conformance with the standards set herein. The Planning Board may also approve the joint use of a parking area for uses of contiguous parcels as long as the Board is satisfied that the total number of spaces is adequate as computed above.

J. Other provisions and requirements/guidelines, except for properties covered by the provisions of Subsections C(3) and E(3).

(1) Except as may be otherwise required, wherever an off-street parking area of three or more spaces faces a street, a planting area with a minimum width of six feet shall be provided between the parking area and the sidewalk. The planting plan for this strip shall be approved by the Planning Board as part of the site plan review. Plantings shall be a minimum of three feet in height planted three feet on center. The remaining portion of the required setback may be grass or other acceptable ground cover.

(2) Any use that abuts the Glen Cove Creek must provide a walkway/esplanade at least 16 feet wide, which will include a surface wide enough and stable enough to accommodate walking, jogging, rollerblading, biking and similar activities in a safe and attractive manner. The esplanade may also include benches and trees or shrubs within the 16 feet. The walkway must extend the entire width of the property along Glen Cove Creek and must be consistent with design guidelines established by the City. In addition, access to the water or waterfront may include, to the maximum practical extent, some type of public access such as, but not limited to, a park or plaza area. Where such access includes a plaza or open space in addition to an esplanade along the entire width of the property, the Planning Board may permit an increase in development coverage up to a total of 70%.

(3) Public pedestrian or boat access plans shall be approved by the Planning Board and the access shall be available for public use under a mutually acceptable arrangement between the City and the property owner. Where public access is provided, for security and safety reasons the times that access shall be available to the public shall conform to reasonable business or recreation hours.

(4) Non-navigable vessels shall not be permitted to be permanently or temporarily docked and occupied in waters within the Marine Waterfront District. Transient houseboats must have a permanent motor and holding tank for sewage waste with dock fittings permitting mechanical pump-out at dockside. Non-navigable houseboats shall not be permitted.

(5) Structures in this district shall be sited so as to preserve views of Glen Cove Creek and Hempstead Harbor.

(6) Structures shall adhere to guidelines to be established by the Planning Board as part of site plan rules and regulations. Guidelines shall include use of materials and designs consistent with the objectives of the MW-3 Zone.

(7) Runoff from parking lots, maintenance, and washdown facilities must be treated in a manner that prevents oils, grease and detergents from reaching adjacent water.

(8) Landscaping shall, to the maximum practical extent, include plants that require minimal water and use of pesticides.

§ 280-73.3 Glen Cove Avenue Redevelopment Incentive Overlay (RIO-GCA) District.

[Added 8-24-2010]

A. Purpose and intent.

(1) The purpose of this district is to permit and encourage the redevelopment of vacant and/or deteriorated commercial, industrial and residential properties along certain portions of the Glen Cove Avenue corridor in a manner that will improve the character of the nearby environs which include established neighborhoods and significant quantities of affordable subsidized housing; remove vacant, obsolete, incompatible, underutilized and marginal structures which are poorly maintained and present opportunities for illegal activities and have a blighting influence on the surrounding area; ensure an attractive entryway into the City of Glen Cove downtown from adjacent communities; and to promote additional housing opportunities which do not currently exist in this area. It is the intent of this chapter to require the demolition or stabilization of vacant, obsolete, incompatible, underutilized and marginal structures which are poorly maintained, and to encourage the maintenance of such structures pending redevelopment. The area to be included in the Glen Cove Avenue Redevelopment Incentive Overlay (RIO-GCA) District is reflected on the RIO-GCA Overlay Map, prepared by the Turner Miller Group, dated August 23, 2010, on file in the office of the Glen Cove City Clerk.

(2) This location is unique in both its necessity for redevelopment and revitalization and its significant topography. In order to eliminate existing blight, blighting influences and incompatible uses, it is recognized that the vast majority of the area covered by this district has already been developed, and that it is necessary to provide incentives and relief in order to capture density from the steeply sloping areas of the site.

(3) It is the further purpose of this district to create an attractive gateway into the downtown, and encourage development that maximizes pedestrian-friendly and view-enhancing design features, to provide "eyes on the street" for an area historically characterized by loitering and illegal activities.

(4) The area encompassing this incentive overlay district has been found by the City Council, after evaluating the effect of potential incentives, which are possible by virtue of community amenities, to contain adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection; and that in designating this district there will be no significant environmentally damaging consequences and that such incentives are compatible with the development otherwise permitted.

B. Applicability.

(1) The Glen Cove Avenue Redevelopment Incentive Overlay District shall comprise those areas within the boundary of the district as indicated on the City of Glen Cove Zoning Map.[1]

[1] Editor's Note: The Zoning Map is on file in the City offices.

(2) The provisions contained herein are additive to any requirements of the underlying zoning provisions. To the extent that conflicts may exist with the overlay district, the provisions of the overlay district shall govern those applications authorized for the development of incentive uses.

C. Permitted uses. The following uses are permitted within the RIO-GCA Glen Cove Avenue Redevelopment Incentive Overlay District:

(1) Multiple dwellings, condominium dwellings and townhouses on at least three acres of real property within the zoning district, subject to site plan approval by the Planning Board.

(2) As an accessory to multiple dwellings, condominium dwellings and townhouses, the following uses may also be authorized:

(a) Real estate office for the marketing and sales of the units and signs related thereto, provided such signs comply with the City of Glen Cove Sign Ordinance.[2]

[2] Editor's Note: See Ch. 228, Signs.

(b) Indoor and outdoor recreation facilities, including indoor swimming pools, spas, tennis courts, clubhouse, pool house, recreation and/or fitness centers, business centers and meeting spaces, provided that such facilities are planned as an integral part of the principal use and are for the use of residents of such principal use and their guests.

(c) Off-street parking areas or garages.

(d) Commercial uses such as convenience stores, laundry or dining facilities, or similar accessory uses, provided they are for the exclusive use of the residents and their guests.

(e) Guard booth.

(f) Management office.

D. Lot area and building bulk requirements for incentive uses:

(1) Minimum lot area: three acres.

(2) Maximum residential density: 20 units per acre.

(3) Minimum lot width: 150 feet.

(4) Minimum lot frontage: 150 feet.

(5) Minimum setback from street: 10 feet.

(6) Minimum distance from interior property line: 15 feet.

(7) Required open space: There shall be provided not less than 200 square feet of usable open space for each efficiency unit; 300 square feet of usable open space for each one-bedroom unit; 350 square feet of usable open space for each two-bedroom unit and 400 square feet of usable open space for each unit containing three or more bedrooms therein. Usable open space may be accommodated in landscaped walking and sitting areas, on private decks and terraces, and may be located over structures, but must be outdoors.

(8) Maximum height: five stories, and in no event greater than 50 feet measured in accordance with § 280-45Q of this chapter, within 25 feet of any property line abutting Glen Cove Avenue, and within 20 feet of any property line abutting any other street. Due to the difficulty of measuring height on the steeply sloping lot, the average height of each building throughout the rest of the site as measured from the four corners of a building from the existing natural grade shall not exceed 50 feet, and no building shall exceed 75 feet in height at its highest point. Stair towers, mechanical equipment and other nonhabitable projections shall not exceed the maximum height permitted by this section by more than 10 feet and, excepting stair towers, shall be set back from the outermost front facade of a building by a minimum of 10 feet. The City Council in authorizing the use shall establish additional height restrictions as necessary to mitigate any potential visual or scenic impacts. Height restrictions shall take into account the design of the project, including architectural measures to reduce the appearance of height and bulk, including structural articulation, architectural design features such as terracing, and the use of landscaping as part of the design of rooftops. An applicant for site plan approval shall submit with the application elevations prepared by a licensed professional engineer or surveyor showing the height of the proposed buildings in relation to the existing natural grade.

(9) Required off-street parking: two spaces per unit, accept that the Planning Board may reduce the requirement to a minimum of 1.5 spaces per unit where it finds, based upon the advice of a qualified traffic engineer, that the proposed bedroom mix is such that 1.5 spaces is adequate to accommodate the future residents and guests of the proposed project.

(10) In order to further the purposes of this Residential Incentive Overlay District, all existing structures located on the proposed site shall be maintained in at least the same physical, structural and aesthetic condition as at the time the application is made, or may be demolished or stabilized, as a continuing obligation during the pendency of any application for multiple residences as permitted in this incentive overlay district. The applicant shall be required to remove any subsequently occurring publicly visible symptoms of blight, including but not limited to graffiti, missing wall cladding, detached gutters, broken windows, presence of trash, and overgrown landscaping.

E. Waivers.

(1) Waiver of affordable housing. The City Council may waive any requirement by the City of Glen Cove for the set-aside of affordable housing where adequate on-site and off-site improvements to the neighborhood are made, which enhance the quality of life of affordable-housing residents in the neighborhood, including, without limitation, landscaping improvements, mass transit improvements, facade improvements, and lighting and security improvements. The City Council shall determine that there is approximate equivalence between potential affordable housing lost or gained or that the City has or will take reasonable action to compensate for any negative impact upon the availability or potential development of affordable housing caused by the provisions of this section. In determining whether to waive affordable housing requirements, the City Council shall consider the following criteria in determining equivalence:

(a) The type(s) of on- and off-site neighborhood improvements proposed by the applicant; and

(b) The manner and program followed by the applicant in relocating existing tenants of any affordable residences, which may have resided at the site prior to the applicant's purchase of all or a portion of the minimum lot area. The number of affordable-housing residences in the neighborhood, which would benefit from the on- and off-site neighborhood improvements being proposed by the applicant shall be at least five times the number of affordable-housing units which would otherwise be required under the Zoning Ordinance.

(2) Waiver of hillside protection provisions. In recognition of the topography in the RIO-GCA District, the fact that the majority of the area is already developed and contains man-made steep slopes and retaining walls, and the density requirements necessary to incentivize redevelopment of this location, the City Council shall waive the hillside protection provisions of the Zoning Ordinance, subject to the applicant satisfying the following criteria:

(a) The application of best management practices and their ability to mitigate impacts from stormwater runoff;

(b) The employment of engineering practices in stabilizing soils and man-made slopes;

(c) The ability of foundations and engineered walls to safely develop the site without impacting surrounding real property or roadways;

(d) The ability to secure the site and its walls and steep slopes in a way that insures the safety of future residents and other persons;

(e) The manner in which the project adapts to the terrain and its resulting appearance.

F. Additional incentives and bonuses. An applicant may apply for an incentive adjustment to the lot area and bulk requirements of this chapter in exchange for one or more of the following incentives. Incentives and bonuses may be combined, but in no case shall the maximum residential density of the site exceed 50 units to the acre. In the event that the permissible density shall include part of a unit, the permissible density shall be rounded.

(1) Density bonus for structured parking. In recognition of the detracting character of large expanses of parking and asphalt associated with multifamily development, where an applicant proposes to accommodate at least 75% of the required parking within structured on-site parking, which is located out of substantial public view, the City Council shall increase the maximum residential density by 17 units per acre.

(2) Density bonus for streetscape improvements. In recognition of the deteriorated nature of the streetscape in the vicinity of the project site, where an applicant proposes significant improvements to the streetscape within 1/2 mile of the Glen Cove Avenue Redevelopment Incentive Overlay District, which meet the criteria herein, the City Council shall increase the maximum residential density by 10 units per acre. In determining whether or not to grant this density bonus, the City Council shall consider the following:

(a) The extent and dollar value of off-site improvements to the surrounding streetscape;

(b) The public costs that would otherwise be required to effect the same improvements;

(c) The improvement to the immediate neighborhoods as well as the marketability of the downtown from the proposed improvements.

(3) Density bonus for on-site recreational amenities. The City Council shall increase the maximum residential density by three units per acre where the following on-site recreational amenities are provided for the future residents of the proposed project. The provision of the following on-site recreational amenities for the purpose of achieving additional site density does not necessarily satisfy the requirements of the applicant to provide parkland or money in lieu thereof as described in General City Law § 27-a, Subdivision 6:

(a) Fitness center with health equipment;

(b) Swimming pool;

(c) Multipurpose room/center; and

(d) Common area for social events;

G. Money in lieu of community benefits or amenities.

(1) At the request of the applicant or on its own determination that the identified amenities and benefits to the City are not immediately feasible or otherwise not practical for the applicant to provide, the City Council may require, in lieu thereof, a payment to the City of a sum determined by the City Council. If cash is accepted in lieu of other community benefit or amenity, provision shall be made for such sum to be deposited in a trust fund to be used by the legislative body of the city exclusively for specific community benefits authorized by the City Council.

(2) If the Planning Board determines that parkland is required as part of the approval of the site plan pursuant to General City Law § 27-a(6), and if the Planning Board further finds that such parkland cannot be properly located on such site plan, the City Council may further identify specifically where and how any money in lieu of parkland shall be applied.

(3) Any money in lieu of community benefits or amenities must be received upon the issuance of a building permit for construction of the proposed residential development.

H. Procedure.

(1) An application for an incentive bonus shall be in writing and submitted to the City Council. The application shall include a conceptual site plan along with a narrative describing the proposed development program, including a statement as to the buildable yield of the proposed development parcel, an EAF or DEIS, and a boundary or topographic survey accurately depicting site conditions.

(2) The narrative shall describe the incentives and bonuses being applied for and address the criteria and considerations that the City Council must consider in deciding whether to grant such incentives and bonuses.

(3) The applicant may include in its narrative any further considerations of community benefits or amenities beyond those identified herein being provided by the project.

(4) Where the applicant is requesting to provide money in lieu of community benefits or amenities, the applicant shall provide a calculation and proposal of an appropriate payment. The City Council shall consider the proposal for payment by the applicant in determining whether the community benefits and amenities may be achieved.

(5) The City Council, upon receipt of a concept plan and application narrative, shall forward the application to the Planning Board for recommendation on incentives, bonuses, conceptual site plan, and application for waiver of hillside protection provisions.

(6) At the discretion of the applicant, a full site plan may be submitted in place of a conceptual site plan as a basis for the City Council to make their decision regarding authorization of incentives and bonuses.

(7) The application for authorization of a development under this section will be subject to the provisions of Article 8 of the Environmental Conservation Law.

(8) Notwithstanding the above, where an application for a change of zone is pending before the Planning Board at the time of adoption of this section, the applicant shall not be required to make a further application to the City Council.

I. Concept site plan required.

(1) Within 45 days of receipt of a request for recommendation or, if a DEIS is required for the application pursuant to 6 NYCRR Part 617 (SEQR), within 45 days following a public hearing held on the DEIS, the Planning Board shall provide its recommendations to the City Council with respect to the authorization of incentives and bonuses. This time period may be extended by consent of the applicant.

(2) The Planning Board shall consider the conceptual site plan against the following standards in making its recommendations to the City Council:

(a) Building scale and density should be balanced with the maximization of open space within the development and the use of landscaping to mitigate and balance the visual impact of building size (including landscaped roof terraces to the extent practicable).

(b) The architectural treatment of buildings shall be such that when viewed from a distance, building masses are broken up visually through the use of techniques such as, but not limited to, stepping bays and recesses, balconies and terraces, and changes of material, to create a sense of scale and visual relief.

(c) The building scale and density shall be balanced with the maximization of concealed parking facilities within the development area, and the use of landscaping, architectural treatments, roof gardens and courtyards, to conceal or mitigate the visual and environmental impacts of parking structures or surface lots on the site and the surrounding areas.

(d) The architectural treatment of those portions of buildings, in particular the facades of first and second floors, that face or adjoin pedestrian-oriented streets, sidewalks, open spaces and esplanades, is such that the quality of the pedestrian experience is maximized through the use of techniques such as, but not limited to, quality and variety of facade materials, architectural detail, variety in massing such as bays and recesses, location and scale of windows and doors, and inclusion of features such as porches, steps, planters, awnings, etc.

(3) Public hearing required. The City Council shall hold a public hearing on the proposed application for development under the provisions of the RIO-GCA prior to making any determinations on whether to authorize incentive uses or additional incentives and benefits, including, without limitation, acceptance of money in lieu of incentives or benefits. Notice of the public hearing specifying the incentives and bonuses being sought, as well as the total number of units being proposed, shall be sent by mail to each owner or occupant of all parcels of property located within a radius of 300 feet measured from all points of the subject property line by certified mail, return receipt requested. Said notice shall be postmarked no sooner than 20 days and no later than 10 days prior to the date set for the public hearing. An affidavit of mailing, together with the certified letter postal receipts, shall be filed with the Council. The hearing date shall also be advertised by posting of a sign stating the time, date and place of the public hearing to be held on the property which is the subject of an application. The sign shall be posted at least 10 days prior to the date of the hearing. The sign shall be visible from adjacent rights-of-way. If the subject property is on more than one right-of-way, a sign shall be posted facing each right-of-way. If the sign is destroyed or removed from the property, the owner of the subject property shall be responsible for replacing it. Ten days prior to the public hearing, the owner of the subject property shall execute and submit to the Department of Planning an affidavit of proof of the posting of the public notice sign(s) according to this subsection. If the owner of the subject property fails to submit the affidavit, the public hearing will be postponed until after the affidavit has been supplied. Where a full site plan has been submitted for consideration of authorization of incentives and bonuses, the Planning Board shall schedule its public hearing on the site plan jointly with the City Council's public hearing on the authorization of incentives and bonuses.

J. State Environmental Quality Review (SEQR). The generic environmental impact statement for the Glen Cove Master Plan served as the generic environmental impact statement (GEIS) required by Section 81-d of the General City Law in enacting the incentive zoning district. That generic environmental impact statement identified no significant impacts as a result of granting incentive density. The GEIS required that an application for incentive redevelopment provide a site-specific environmental review subject to the requirements of SEQRA. Therefore, development under the provisions of the Residential Incentive Overlay District shall be deemed a Type 1 action pursuant to SEQRA, and any such site-specific EIS must further address the consideration of section 81-d of the General City Law. It is the intent of this chapter that any public hearing by the City Council to consider an application for incentives hereunder shall be a joint hearing with the Planning Board on the DEIS and on site plan approval, if the applicant has submitted a full site plan application.

K. Action by City Council.

(1) The City Council shall not authorize any incentive or bonus pursuant to this section until the Planning Board files its report of recommendation, except in the instance where the Planning Board fails to convey its report to the City Council within the time frame specified by this section, in which case such failure to report shall be construed by the Council as a recommendation to approve.

(2) In determining whether to authorize incentives and bonuses as detailed herein, the City Council shall:

(a) Consider the recommendations of the Planning Board.

(b) Determine that the proposed redevelopment project satisfies the purpose and intent of the Glen Cove Avenue Redevelopment Incentive Overlay District.

(c) Determine that the proposed redevelopment project is in harmony with the recommendations of the City Master Plan.

(d) Find that authorization of the incentives and bonuses will not result in significant adverse environmental impacts, or that such impacts have been mitigated to the maximum extent practicable.

L. Site plan approval required.

(1) Any development under the provisions of the Glen Cove Avenue Redevelopment Incentive Overlay District shall require full site plan review by the Planning Board.

(2) The Planning Board shall only approve a site plan which is substantially identical to the conceptual site plan submitted as part of the application for authorization of incentives and bonuses in terms of:

(a) Layout.

(b) Building heights.

(c) Architectural quality.

(d) Number of bedrooms and units.

(e) Number of parking spaces.

(f) Treatment of slopes.

(3) Where the site plan submitted by the applicant to the City Council meets the requirements of Article IV of this chapter, no separate site plan will be required by the Planning Board.

M. Severability. Should any provision of this section be rendered invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof, other than the part rendered invalid. Should the provisions governing the acceptable benefits and amenities listed herein be rendered invalid, the incentives and bonuses associated with such benefits and amenities are declared prohibited absent such benefits and amenities.

§ 280-73.4 Orchard Neighborhood Redevelopment Incentive Overlay (RIO-ON) District.

[Added 8-24-2010; amended 1-13-2026 by L.L. No. 1-2026]

A. Purpose.

(1) The purpose of this district is to permit and encourage the redevelopment of vacant and/or deteriorated commercial, industrial and residential properties within the Orchard Neighborhood in a manner that will improve the character of the nearby environs which include an established neighborhood important to the character of the City; remove vacant, obsolete, incompatible, underutilized and marginal structures which are poorly maintained and present opportunities for illegal activities and have a blighting influence on the surrounding area; ensure an attractive entryway into the City of Glen Cove downtown from adjacent communities; and to promote additional housing opportunities which do not currently exist in this area. It is the intent of this chapter to require the demolition or stabilization of vacant, obsolete, incompatible, underutilized and marginal structures which are poorly maintained, and to encourage the maintenance of such structures pending redevelopment. The area to be included in the Orchard Neighborhood Redevelopment Incentive Overlay (RIO-ON) District is reflected on the RIO-ON Overlay Map, prepared by the Turner Miller Group, dated August 23, 2010, on file in the office of the Glen Cove City Clerk.

(2) In order to eliminate existing blight, blighting influences and incompatible uses, it is recognized that the vast majority of the area covered by this district was historically built as one- and two-family housing, but has undergone significant increases in density (both legally and illegally) over the years, taxing the existing infrastructure in the area, especially the street system; it is necessary to provide incentives and relief in order to promote redevelopment of the area in a manner that is protective of public safety and respectful of the historic importance of this area.

(3) It is the further purpose of this district to create an attractive gateway into the downtown and to encourage development that maximizes pedestrian-friendly and view-enhancing design features, to provide "eyes on the street" for an area historically characterized by loitering and illegal activities.

(4) Finally, it is the purpose of this district to enable Transit Oriented Development (TOD) within close proximity of the Glen Street Long Island Railroad (LIRR) station, consistent with recommendations from the City of Glen Cove Smart Growth Comprehensive Plan with Sustainability Elements, adopted July 23, 2024.

(5) The area encompassing this incentive overlay district has been found by the City Council, after evaluating the effect of potential incentives, which are possible by virtue of community amenities, to contain adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that in designating this district, there will be no significant environmentally damaging consequences and that such incentives are compatible with the development otherwise permitted.

B. Applicability.

(1) The Orchard Neighborhood Redevelopment Incentive Overlay District shall comprise those areas within the boundary of the district as indicated on the City of Glen Cove Zoning Map.[1]

[1] Editor's Note: The Zoning Map is on file in the City offices.

(2) The provisions contained herein are additive to any requirements of the underlying zoning provisions. To the extent that conflicts may exist with the overlay district, the provisions of the overlay district shall govern those applications authorized for the development of incentive uses.

C. Permitted principal uses. Any use permitted by the underlying zoning district subject to all the restrictions, including bulk restrictions, as prescribed therein.

D. Permitted accessory uses.

(1) Any accessory use permitted by the underlying zoning district subject to all the restrictions, including bulk restrictions as prescribed therein.

(2) As an accessory to multiple dwellings, condominium dwellings and townhouses, the following uses may also be authorized:

(a) Real estate office for the marketing and sales of the units and signs related thereto, provided such signs comply with the City of Glen Cove Sign Ordinance.[2]

[2] Editor's Note: Editor's Note: See Ch. 228, Signs.

(b) Indoor and outdoor recreation facilities, including indoor swimming pools, spas, tennis courts, clubhouse, pool house, recreation and/or fitness centers, business centers and meeting spaces, provided that such facilities are planned as an integral part of the principal use and are for the use of residents of such principal use and their guests.

(c) Off-street parking areas or garages.

(d) Guard booth.

(e) Management office.

E. Prohibited accessory uses. No material used in the conduct of commerce or intended for sale, including but not limited to building supplies, plumbing supplies, electrical supplies, bulk pavers, bulk tiles, bulk stone, soil stockpiles, gravel stockpiles, vehicles, or auto parts shall be stored on any residential lot.

F. Special uses. Any special use permitted by the underlying zoning district subject to all the restrictions, including bulk restrictions, as prescribed therein.

G. Usable recreational yard requirements. Each unit of any residential use other than a single-family detached residence shall be provided a usable unoccupied recreational yard area of at least 400 contiguous square feet in a side or rear yard for the enjoyment of occupants. A single joint yard for multiple units may be provided, but such yard shall be no less than the sum of that required for each. Neither driveways, parking areas, areas under fire escapes, nor areas used for storage count toward usable recreational yard area. Areas used for on-site recreational amenities such as playgrounds, tennis courts, clubhouses, fitness equipment, and swimming pools shall count toward usable recreational yard requirements.

H. Incentive uses permitted by special use permit at the discretion of the Planning Board.

(1) Townhouses (single-family attached dwellings) subject to the following:

(a) A minimum lot size of 15,000 square feet is required.

(b) A minimum of 3,000 square feet of gross lot area shall be required per townhouse unit.

(c) Townhouse units shall be unlike adjacent units in the same structure in exterior design and appearance. In determining that townhouses are unlike adjacent units in the same structure in design and appearance, the criteria of § 280-45B shall be applied.

(d) Each townhouse unit will occupy an entire vertical space between foundation and roof, except where a flat is located below the townhouse unit pursuant to § 280-73.4H(2).

(e) Each unit shall provide at least two off-street parking spaces.

(f) Maximum impervious coverage shall be 75%.

(g) The height of the building shall not exceed 2 1/2 stories or 35 feet except where a flat is located below the Townhouse unit pursuant to § 280-73.4H(2).

(h) A minimum side yard of 10 feet is required.

(i) A minimum rear yard of 15 feet is required.

(j) A front yard of no more than 20 feet shall be provided along each public right-of-way, except where a townhouse fronts on a public right-of-way, a covered unenclosed front porch extending at least five feet from the front of the building and spanning at least 50% of the width of the unit may be located within a required front yard.

(k) No residential structures shall be located closer than 15 feet to each other and the Planning Board may require greater than 15 feet where it deems necessary.

(l) A homeowners' association with rules approved by the Planning Board upon advice of the Planning Board Attorney or other arrangement acceptable to the Planning Board shall be established to ensure maintenance of all required improvements, exterior walls and common lands. Additionally, the homeowners' association shall include irrevocable provisions in its charter that shall require maintenance of exterior walls, windows, sidewalks, garages, parking areas, interior drives, landscaping, roofing or other surfaces/structures visible from a public right-of-way or common area within 90 days of receipt of a request for such maintenance by the City of Glen Cove City Council.

(m) The minimum lot area per unit, as provided in § 280-73.4H(1)(b) herein, may be reduced to 2,000 square feet of gross lot area per unit as an incentive at the discretion of the Planning Board, where the following amenities are included in the project:

[1] On-site active recreational amenities, including but not limited to playgrounds, tennis courts, clubhouses, fitness equipment, and/or swimming pools with a total area comprising no less than 10% of the total lot area and available to all occupants. In providing this increase in density, the Planning Board shall make a determination that the recreational amenities are substantial and superior to what is typically offered for residents of townhouses in the City of Glen Cove.

[2] Each townhouse unit is provided at least one parking space within an attached garage.

[3] In addition to satisfying the parking requirement of § 280-73.4H(1)(e) herein, the applicant shall also provide one additional off-street parking space for each two townhouse units for use by visitors.

[4] Each unit (inclusive of flats where proposed) is provided a patio, porch or terrace area of no less than 50 square feet.

(2) Where townhouses meeting all special permit requirements of the RIO-ON Overlay District are proposed, flats may be proposed to be located in the same structure as the proposed townhouses subject to the following:

(a) A maximum of one flat is permitted for each three townhouses.

(b) A minimum lot size of 25,000 square feet is required.

(c) The flat shall be designed to seamlessly blend into the appearance of the townhouse structure, and its presence shall not be overtly distinguishable except by the presence of an additional door.

(d) The flat shall have no more than two bedrooms.

(e) At least two off-street parking spaces shall be provided for each flat. Parking for the flat need not be provided in an attached garage, but at least one of the off-street parking spaces shall be assigned specifically to the flat.

(f) No unit shall have a livable space of less than 600 square feet.

(g) The height of the building shall not exceed three stories or 42 feet.

(h) On-site recreational amenities shall be provided including, but not limited to playgrounds, tennis courts, clubhouses, fitness equipment, and/or swimming pools with a total area comprising no less than 10% of the total lot area and available to all occupants. If applicable this provision shall be inclusive of, not additive to any similar provision for townhouses in the RIO-ON district.

(i) Reduced usable recreational yard requirement. The usable recreational yard standards of § 280-73.4G shall be provided as follows: not less than 200 square feet for each efficiency unit; 300 square feet for each one-bedroom unit; 350 square feet for each two-bedroom unit.

(3) Multifamily residential buildings,

(a) A minimum lot size of 40,000 square feet is required.

(b) Each dwelling unit shall have no more than two bedrooms.

(c) Minimum livable floor area for residential uses shall be as follows:

[1] Five hundred fifty square feet per efficiency dwelling unit.

[2] Six hundred fifty square feet per one-bedroom dwelling unit.

[3] Eight hundred square feet per two-bedroom dwelling unit.

(d) The minimum lot area per residential unit shall be as follows; provided, further, that all coverage, height and setback requirements are satisfied:

[1] One thousand eight hundred square feet per efficiency or one-bedroom unit.

[2] Two thousand five hundred square feet per two-bedroom unit.

(e) Each residential unit shall provide the following minimum off-street parking:

[1] One space per efficiency unit

[2] One and one-half spaces per one-bedroom unit, except that units that prohibit occupancy by persons under the age of 18 shall provide one space per unit.

[3] Two spaces per unit with two bedrooms, except that units that prohibit occupancy by persons under the age of 18 shall provide 1 1/2 spaces per unit.

(f) Maximum impervious coverage shall be 75%.

(g) The height of the building shall not exceed 3 1/2 stories or 45 feet.

(h) A minimum distance from property line: 10 feet.

(i) A front yard of no more than 20 feet and no less than 10 feet shall be provided along each public right-of-way. No off-street parking shall be provided between the building and the street. No structured parking shall be visible from any public street.

(j) On-site recreational amenities shall be provided, including but not limited to playgrounds, tennis courts, clubhouses, fitness equipment, and/or swimming pools with a total area comprising no less than 10% of the total lot area and available to all occupants and acceptable to the Planning Board.

(k) Reduced usable recreational yard requirement. The usable recreational yard standards of § 280-73.4G shall be provided as follows: not less than 100 square feet for each efficiency unit; 150 square feet for each one-bedroom unit; 200 square feet for each two-bedroom unit.

(l) At least 30 square feet per unit of improved parkland available to the general public is provided and irrevocably offered for dedication to the City of Glen Cove. Parkland shall be improved with playground equipment, landscaped sitting areas, outdoor fitness equipment, and/or other facilities acceptable to the Planning Board and the Glen Cove City Recreation Director. This improved parkland may be located off site but must be located within 750 feet of the proposed site and within the RIO-ON Overlay District. This parkland may be counted toward the satisfaction of on-site recreational amenities and usable recreational yards.

(4) Mixed-use commercial and residential structures. Multifamily residential structures are permitted on upper stories over commercial uses subject to the following criteria:

(a) All special permit criteria applicable to multifamily residential structures.

(b) The ground-story commercial use is a permitted use in the underlying zoning district; or is a special permit use adhering to all required special permit criteria.

(c) The Planning Board makes a determination that any nonresidential uses contained in the structure are compatible with residential occupancy and do not pose a risk to the health, safety or general welfare of occupants therein.

(d) The full parking requirement for all uses are met on the site.

(5) Transit Oriented Development (TOD); mixed-use commercial and residential structures. Mixed-use commercial and residential structures are permitted subject to the following conditions and criteria:

(a) A minimum lot size of 60,000 square feet located within 500 feet south of the Glen Street Long Island Railroad train stationhouse and with frontage on the west side of Cedar Swamp Road.

(b) The permissible density of units per acre shall be 55.

(c) Permitted ground-story commercial uses shall be consistent with those permitted as principal uses and/or special uses in the B-1 Central Business District (§ 280-65, B-1) and shall not exceed a total of 2,500 square feet. All commercial uses in the TOD shall be considered an accessory use to the residential use in this section.

(d) Planning Board finding that any nonresidential use contained within the structure(s) is compatible with residential occupancy and does not pose a risk to the health, safety or general welfare of occupants therein. No basement or cellar space shall be occupied as living or sleeping quarters or an accessory use.

(e) The project shall set aside no less than 50% and no more than 75% of units as affordable/workforce housing to households earning between 50% and 130% Area Median Income (AMI) using the U.S. Office of Housing and Urban Development (HUD) standards, with the remaining units to be market rate. The Planning Board may, however, permit additional workforce units beyond the 75% threshold provided they are set aside for households earning 110% or more of AMI.

(f) At the discretion of the Planning Board, a density bonus up to 10% of proposed units may be permitted as an incentive to achieve 75% of units as affordable/workforce housing as set forth in Subsection H(5)(e) above.

(g) Occupants of the affordable/workforce units cannot be required to use a separate entrance or barred from using building amenities. Affordable/workforce units at a range of AMIs shall be indistinguishable from market rate units (i.e., they have comparable features, materials, fixtures, etc.).

(h) The project shall provide improved ADA-compliant pedestrian connections to the Glen Street Long Island Railroad station and along roadway frontage. Public pedestrian plazas, which break up the bulk of the project buildings, are strongly encouraged and may be required at the Planning Board’s discretion. Walkability and sense of place shall be encouraged through desirable building aesthetics. No building in the TOD can exceed 400 feet in length.

(i) The project shall meet all special permit requirements for multifamily residential dwellings as described in § 280-73.4H(3) except as follows:

[1] A minimum lot size of 60,000 square feet is required.

[2] Minimum lot areas per residential dwelling unit shall not apply.

[3] The height of the building shall not exceed four stories or 55 feet, made up of three residential stories over ground level parking and/or commercial space.

[4] Minimum side yard setbacks shall be 10 feet unless abutting a residential use or property owned by the MTA or other public authority or utility. If abutting a residential use, the setback shall be 20 feet, 10 feet of which shall be a landscaped buffer the entire length of the side yard. If abutting an MTA, public authority or utility-owned property, the Planning Board shall have discretion to reduce the setback provided the same does not compromise safety and aesthetic appeal or have a deleterious impact on the general welfare of the residents and community.

[5] A front yard setback along Cedar Swamp Road shall be a minimum of 50 feet but in no event closer than 25 feet.

[6] The front yard shall be improved with a public plaza of at least 5,000 square feet. The plaza shall be available to the general public, and, as permitted, the nonresidential component of the development. It shall be maintained by the owner and/or operator of the premises.

[7] The total minimum area of on-site recreational amenities and usable recreational yard standards may be reduced at the discretion of the Planning Board.

[8] Where on-site parkland is not practicable, the project shall provide money-in-lieu of parkland consistent with City policies. Improved parkland may extend beyond the RIO-ON Overlay District to Pascucci Fields and nearby environs.

(j) No incentive densities as detailed in § 280-73.4J shall be awarded. No density bonus shall be awarded pursuant to § 280-75 (inclusionary housing) if the project meets the criteria for a density bonus as described in Subsection H(5)(f) above.

(k) The parking requirements for all on-site residential and commercial uses shall be as follows:

[1] There shall be one parking space provided for each studio, 1.5 spaces for each one-bedroom apartment and two parking spaces for each two-bedroom apartment. The first parking space shall be bundled with the rental agreement, except for senior living uses. Parking senior living uses shall be determined at the discretion of the Planning Board. Parking spaces shall be nine feet by 18 feet and driving aisles shall be 24 feet wide.

[2] With respect to any accessory use as defined above in Subsection H(5)(c), there shall be one parking space for each 500 square feet of sales area for retail use and one parking space for each 350 square feet of customer service area for service use, together with an accessible loading area which shall not interfere with the required parking, ingress, egress or internal vehicular movements.

[3] No off-street parking shall be provided between the building and the public roadway upon which it fronts. Internal traffic lanes (which may include a designated “drop off” zone or area) shall provide access to the public roadway upon which the TOD shall abut and to which it shall have access.

[4] Any commuter parking spaces for a LIRR train service that are decreased as a result of redevelopment shall be replaced in kind by the redeveloper at a location approved by the City.

(l) In addition to any authority in this chapter to approve a modification or waiver of parking requirements, the Planning Board shall have authority to modify or waive parking requirements hereunder as follows:

[1] Where the proposed use is located within 300 feet of a municipally owned and operated off-street parking facility that is not already dedicated to a municipal use; and

[2] The Planning Board shall, at the time of its approval of a site development plan, certify that such municipally operated off-street parking facility has adequate excess capacity for parking generated by the residential and accessory uses on the subject lot, site or defined premises in addition to the off-street parking already provided.

[3] Where two or more uses are located on the same lot, site or defined premises, the total number of parking spaces may be the sum of the requirements for each individual use provided that the Planning Board determines that the probable time of maximum use by employees, patrons and residents do not conflict.

(m) Landscaping shall be installed and maintained in accordance with a landscaping plan to be submitted to and approved by the Planning Board.

(n) Access to the project shall be directly from Cedar Swamp Road only.

I. Waivers.

(1) Waiver of affordable housing. The City Council may waive any requirement by the City of Glen Cove for the set aside of affordable housing where adequate on-site and off-site improvements to the neighborhood are made which enhance the quality of life of affordable housing residents in the neighborhood, including, without limitation, landscaping improvements, mass transit improvements, facade improvements, and lighting and security improvements. The City Council shall determine that there is approximate equivalence between potential affordable housing lost or gained or that the City has or will take reasonable action to compensate for any negative impact upon the availability or potential development of affordable housing caused by the provisions of this section. In determining whether to waive affordable housing requirements, the City Council shall consider the following criteria in determining equivalence:

(a) The type(s) of on- and off-site neighborhood improvements proposed by the applicant.

(b) The manner and program followed by the applicant in relocating existing tenants of any affordable residences, which may have resided at the site prior to the applicant's purchase of all or a portion of the minimum lot area.

(c) The number of affordable housing residences in the neighborhood which would benefit from the on- and off-site neighborhood improvements being proposed by the applicant shall be at least five times the number of affordable housing units, which would otherwise be required under the Zoning Ordinance.

(d) The recommendation of the Planning Board.

(2) Waiver of hillside protection provisions. In recognition of the topography in the RIO-ON District, the fact that the majority of the area is already developed and contains man-made steep slopes and retaining walls, and the density requirements necessary to incentivize redevelopment of this location, the City Council may waive the hillside protection provisions of the Zoning Ordinance, subject to the applicant satisfying the following criteria:

(a) The application of best management practices and their ability to mitigate impacts from stormwater runoff;

(b) The employment of engineering practices in stabilizing soils and man-made slopes;

(c) The ability of foundations and engineered walls to safely develop the site without impacting surrounding real property or roadways;

(d) The ability to secure the site and its walls and steep slopes in a way that insures the safety of future residents and other persons;

(e) The manner in which the project adapts to the terrain and its resulting appearance; and

(f) Whether or not a viable project would be achievable without waiver of the slope provisions.

J. Additional incentives and bonuses. An applicant may apply for an incentive adjustment to the lot area and bulk requirements of this chapter in exchange for one or more of the following incentives. Incentives and bonuses may be combined, but in no case shall the maximum residential density of the site exceed 35 units to the acre.

(1) Density bonus for structured parking. In recognition of the detracting character of large expanses of parking and asphalt associated with multifamily development, where an applicant proposes to accommodate at least 75% of the required parking within structured on-site parking, which is located out of substantial public view, the Planning Board may reduce the required minimum lot area per dwelling unit by 25%.

(2) Density bonus for streetscape improvements. In recognition of the narrow and deteriorated street conditions in the vicinity of the project site, where an applicant proposes significant improvements to the streetscape that would result in enhanced safety and appearance, the Planning Board may reduce the required minimum lot area per dwelling unit by 25%. In determining whether or not to grant this density bonus, the Planning Board shall consider the following:

(a) The extent and dollar value of off-site improvements to the surrounding streetscape;

(b) The public costs that would otherwise be required to effect the same improvements;

(c) The improvement to the safety and appearance of the immediate neighborhoods as well as the possible marketability of the downtown from the proposed improvements.

(3) Density for green building. The Planning Board may reduce the required minimum lot area per dwelling unit by 25% for units that it finds are located within a proposed structure eligible for a gold certification from the US Green Buildings Council under their Leadership in Energy and Environmental Design (LEED) Green Buildings rating system.

K. Money in lieu of community benefits or amenities.

(1) At the request of the applicant or on a determination by the Planning Board that the identified amenities and benefits to the City are not immediately feasible or otherwise not practical for the applicant to provide, the Planning Board may refer the application to the City Council, which may require, in lieu of incentives, a payment to the City of a sum determined by the City Council. In referring the matter to the City Council, the Planning Board shall include its recommendation. If cash is accepted in lieu of other community benefit or amenity, provision shall be made for such sum to be deposited in a trust fund to be used by the legislative body of the City exclusively for specific community benefits authorized by the City Council.

(2) Any money in lieu of community benefits or amenities must be received prior to issuance of a building permit for construction of the proposed residential development.

L. Procedure.

(1) An application for waiver, incentive special use and/or incentive bonus shall be in writing and submitted to the Planning Board and to the City Council as required herein. The application shall include a conceptual site plan along with a narrative describing the proposed development program, including a statement as to the buildable yield of the proposed development parcel, an EAF or DEIS, and a boundary or topographic survey accurately depicting site conditions.

(2) The narrative shall describe the waivers, incentive special use, incentives and bonuses being applied for and address the criteria and considerations that the Planning Board and/or City Council must consider in deciding whether to grant such incentives and bonuses.

(3) The applicant may include in its narrative any further considerations of community benefit or amenities beyond those identified herein being provided by the project.

(4) Where the applicant is requesting to provide money in lieu of community benefits or amenities, the applicant shall provide a calculation and proposal of an appropriate payment. The City Council shall consider the proposal for payment by the applicant in determining whether the community benefits and amenities may be achieved.

(5) At the discretion of the applicant, a full site plan may be submitted in place of a conceptual site plan as a basis for the Planning Board and/or City Council to make their decision regarding authorization of incentives and bonuses.

(6) The application for authorization of a development under this section will be subject to the provisions of Article 8 of the Environmental Conservation Law.

M. Concept site plan required.

(1) Within 45 days of receipt of a concept plan or, if a DEIS is required for the application pursuant to 6 NYCRR Part 617 (SEQR), within 45 days following a public hearing held on the DEIS, the Planning Board shall provide any required recommendations to the City Council with respect to the authorization of incentives and bonuses. This time period may be extended by consent of the applicant.

(2) The Planning Board shall consider the conceptual site plan against the following standards in determining whether to authorize waivers, incentive special uses, incentives or bonuses and in making its recommendations to the City Council:

(a) Building scale and density should be balanced with the maximization of open space within the development, and the use of landscaping to mitigate and balance the visual impact of building size (including landscaped roof terraces to the extent practicable).

(b) The architectural treatment of buildings shall be such that when viewed from a distance, building masses are broken up visually through the use of techniques such as, but not limited to, stepping bays and recesses, balconies and terraces, and changes of material, to create a sense of scale and visual relief.

(c) The building scale and density shall be balanced with the maximization of concealed parking facilities within the development area, the use of landscaping, architectural treatments, roof gardens and courtyards, to conceal or mitigate the visual and environmental impacts of parking structures or surface lots on the site and the surrounding areas.

(d) The architectural treatment of those portions of buildings, in particular the facades of first and second floors, that face or adjoin pedestrian-oriented streets, sidewalks, open spaces and esplanades, is such that the quality of the pedestrian experience is maximized through the use of techniques such as, but not limited to, quality and variety of facade materials, architectural detail, variety in massing such as bays and recesses, location and scale of windows and doors, inclusion of features such as porches, steps, planters, awnings, etc.

(3) Public hearing required. The Planning Board and/or City Council shall hold a public hearing on the proposed application for development under the provisions of the RIO-ON prior to making any determinations on whether to authorize incentive special uses, waivers or additional incentives and benefits, including, without limitation, acceptance of money in lieu of incentives or benefits. Notice of the public hearing specifying the incentives and bonuses being sought, as well as the total number of units being proposed, shall be sent by mail to each owner or occupant of all parcels of property located within a radius of 300 feet measured from all points of the subject property line by certified mail, return receipt requested. Said notice shall be postmarked no sooner than 20 days and no later than 10 days prior to the date set for the public hearing. An affidavit of mailing, together with the certified letter postal receipts, shall be filed with the Council. The hearing date shall also be advertised by posting of a sign stating the time, date and place of the public hearing to be held on the property which is the subject of an application. The sign shall be posted at least 10 days prior to the date of the hearing. The sign shall be visible from adjacent rights-of-way. If the subject property is on more than one right-of-way, a sign shall be posted facing each right-of-way. If the sign is destroyed or removed from the property, the owner of the subject property shall be responsible for replacing it. Ten days prior to the public hearing, the owner of the subject property shall execute and submit to the Department of Planning an affidavit of proof of the posting of the public notice sign(s) according to this subsection. If the owner of the subject property fails to submit the affidavit, the public hearing will be postponed until after the affidavit has been supplied. Where a full site plan has been submitted for consideration of authorization of incentives and bonuses, the Planning Board shall schedule its public hearing on the site plan jointly with the City Council's public hearing on the authorization of incentives and bonuses.

N. State Environmental Quality Review (SEQR). The generic environmental impact statement for the Glen Cove Master Plan served as the generic environmental impact statement (GEIS) required by § 81-d of the General City Law in enacting the incentive zoning district. That generic environmental impact statement identified no significant impacts as a result of granting incentive density. The GEIS required that an application for incentive redevelopment provide a site-specific environmental review subject to the requirements of SEQRA. Therefore, development under the provisions of the Residential Incentive Overlay District shall be deemed a Type 1 action pursuant to SEQRA, and any site-specific EIS must further address the consideration of § 81-d of the General City Law. When an application for development subject to the provisions of the Residential Incentive Overlay District requires the preparation of a draft environmental impact statement (DEIS) pursuant to SEQR, it is the intent of this chapter that any public hearing by the City Council and/or Planning Board to consider an application for waiver, incentive special use, incentives and bonuses hereunder shall be a joint hearing with the lead agency on the DEIS.

O. Action by City Council.

(1) The City Council shall not authorize any incentive or bonus pursuant to this section until the Planning Board files its report of recommendation, except in the instance where the Planning Board fails to convey its report to the City Council within the time frame specified by this section, in which case such failure to report shall be construed by the Council as a recommendation to approve.

(2) In determining whether to authorize incentives and bonuses as detailed herein, the City Council shall:

(a) Consider the recommendations of the Planning Board.

(b) Determine that the proposed redevelopment project satisfies the purpose and intent of the Orchard Neighborhood Redevelopment Incentive Overlay District.

(c) Determine that the proposed redevelopment project is in harmony with the recommendations of the City Master Plan.

(d) Find that authorization of the incentives and bonuses will not result in significant adverse environmental impacts, or that such impacts have been mitigated to the maximum extent practicable.

P. Site plan approval required.

(1) Any development under the provisions of the Orchard Neighborhood Redevelopment Incentive Overlay District shall require full site plan review by the Planning Board.

(2) The Planning Board shall only approve a site plan which is substantially identical to the conceptual site plan submitted as part of the application for authorization of incentives and bonuses in terms of:

(a) Layout.

(b) Building heights.

(c) Architectural quality.

(d) Number of bedrooms and units.

(e) Number of parking spaces.

(f) Treatment of slopes.

Q. Severability. Should any provision of this section be rendered invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof, other than the part rendered invalid. Should the provisions governing the acceptable benefits and amenities listed herein be rendered invalid, the incentives and bonuses associated with such benefits and amenities are declared prohibited absent such benefits and amenities.

§ 280-73.5 Estate Preserve (E) Floating Zone District.

[Added 8-24-2010]

A. Purpose. The Estate (E) District is intended to encourage the preservation of the City's important historic estates and the grounds that contribute to their character. This district will allow the residential development of an estate site at the full residential density yield by clustering density on portions of the site that are less contributory to the character of the estate or within the existing structure itself. It is further intended that additions to historic structures are permitted so long as they are architecturally harmonious with the original structure; do not detract from their historic or architectural importance; and are designed in a manner that does not significantly detract from views of the resource or its grounds from public viewpoints. Lastly, as an incentive to preserve, stabilize and maintain these important resources, it is the intent of this district that the existing structure and ancillary additions thereto be permitted to be reused for limited nonresidential and residential purposes except that the total residential density of the site shall not exceed that of the underlying zoning.

B. Applicability. This floating zone may be applied to areas of existing R1 and R1-A zoning district that contain historically or architecturally important structures on grounds totaling 10 acres or more.

C. Residential density. The total residential density of the site shall not exceed the residential density that may be achieved on the site under existing zoning assuming the removal of the existing estate and grounds. In order to establish this density, the applicant shall submit a residential density plan demonstrating a residential subdivision conforming to all requirements of the underlying zoning and subdivision of land requirements and assuming conformance with all county, state and federal regulations with regard to access, protection of water bodies and wetlands, and other development limitations.

D. Procedure.

(1) The applicant shall submit a subdivision plan that divides the area into three distinct areas:

(a) Area A: noncontributory grounds area: comprising areas that the Planning Board find are not important to the historic or architectural significance of the estate due to location, appearance or disposition to the historic or architectural importance of the estate, the area of which shall not exceed 75% of the gross lot area nor comprise less than 20% of the gross lot area;

(b) Area B: contributory structures: the existing structure, proposed additions thereto and proposed additional outbuildings, parking and ancillary facilities surrounded by the minimum land necessary to meet the yard standards of the underlying zoning or the minimum setback standards for nonresidential use as established in the floating zone district requirements;

(c) Area C: contributory grounds: grounds not required to meet the yard or setback requirements for contributory structures as detailed above, which the Planning Board find are important to the historic or architectural significance of the estate.

(2) The subdivision plan identifying the three areas shall not preclude subdivision of the area of noncontributory grounds into individual lots.

(3) As part of the site and subdivision approval, restrictive covenants shall be established that identify the residential density permitted for each lot created by subdivision, the total of which will not exceed that which is established for the entire site. No residential density shall be assigned to the lot comprising Area C: contributory grounds, above. Residential density assigned to Area B: contributory structures, shall be limited to location within the original structure or additions to the original structure or proposed outbuildings as approved by the Planning Board as part of the preservation plan.

(4) Upon approval of the plan, there shall be no further subdivision of the site, and covenant or deed restriction acceptable to the Planning Board Attorney shall be filed with the County Clerk.

(5) Preservation plan required.

(a) The applicant shall submit a site plan meeting the site plan requirements of the Zoning Ordinance showing the original site plan and any proposed additions, additional outbuildings, parking and ancillary facilities. The Planning Board shall only approve additions, additional outbuildings, parking and ancillary facilities that are harmonious with the original architecture of the buildings and are of such location, size and appearance as to not detract from the appearance of the original structure nor to detract from the character of the site as viewed from publicly accessible streets and lands in existence at the time of application.

(b) The preservation plan shall identify the design elements of the original structure and grounds which contribute to the structure's historic or architectural significance. The preservation plan will identify what items of the original structure and grounds require rehabilitation. The Planning Board shall require any additions or proposed outbuildings to the original structure to incorporate identified important design features. Any structures proposed for noncontributory lands shall be designed to equal the original estate in quality of architectural design and to incorporate design themes from the original structure.

(c) The preservation plan shall be accompanied with a financial program that provides for the rehabilitation and continuing maintenance of the original structure and its contributory grounds.

(6) The City of Glen Cove shall be given easements over all contributory structures and grounds allowing it to perform periodic inspections from time to time and to require ongoing maintenance of the original structure and grounds. Covenants running with the land and filed with the deed for Area B shall be established providing the City the right of first refusal in the event that ownership of Area B is conveyed following approval of the plan. Covenants shall be established over the lands of Area C that require that Area C be gratuitously and irrevocably offered for dedication to the City of Glen Cove in the event that more than 35% of the uses established in the preservation plan for Area B cease for a period exceeding one year, except that the City may extend such time period by ordinance of the City Council.

E. Uses permitted in Area A: noncontributory grounds:

(1) Single-family attached or detached residential.

(2) Multifamily residential.

F. Uses permitted in Area B: contributory structures:

(1) Hotels.

(2) Business, medical and professional offices.

(3) Spas, conference centers and catering halls.

(4) Sit-down restaurants.

(5) Public or private educational or religious uses.

(6) Offices.

(7) Multifamily residential.

G. Uses permitted in Area C: contributory grounds:

(1) Public or private parks and recreation.

(2) Outdoor catering events, provided that no outdoor amplified music shall be permitted.

(3) Public or private gardens and conservatories.

H. Bulk requirements for Area A: noncontributory grounds:

(1) Maximum residential building footprint: 16,000 square feet.

(2) Minimum residential building footprint: 2,500 square feet.

(3) Minimum distance between buildings: 25 feet.

(4) Minimum distance from building to on-site street line: 20 feet.

(5) Minimum distance from building to alley: 10 feet.

(6) Minimum distance from building to off-site street line: 75 feet except a gatehouse/guardhouse may be located within 25 feet.

(7) Minimum distance from building to off-site lot line (not street line): 50 feet.

(8) Maximum building height: 2-1/2 stories and 35 feet.

(9) Maximum coverage: 25%.

(10) Minimum landscaped buffer between off-site lot or street line and building: 25 feet.

I. Bulk requirements for Area B: contributory structures:

(1) Minimum distance between buildings: 25 feet except breezeways may connect.

(2) Minimum distance from building to proposed street line: 20 feet.

(3) Minimum distance from building to alley: 10 feet.

(4) Minimum distance from building to existing street line: 100 feet except a gatehouse/guardhouse may be located with 25 feet.

(5) Minimum distance from building to existing lot line (not street line): 75 feet.

(6) Maximum building height: four stories and 50 feet except that no more than 3 1/2 stories and 40 feet shall be visible from any public street.