No building or premises shall be used as a multifamily
dwelling, and no building shall hereafter be erected or altered for
use as a multifamily dwelling, irrespective of the use district within
the Village of Farmingdale in which the same may be located, except
upon compliance with the provisions of this article, nor unless such
use is a permitted use within such district.
[Amended 10-24-1977 by L.L. No. 10-1977; 12-16-1985 by L.L. No. 7-1985]
A. No building or premises shall be used as a multifamily
dwelling, and no building shall hereafter be erected or altered for
use as a multifamily dwelling, unless a special use permit therefor
shall have been approved by the Board of Trustees of the Village of
Farmingdale after a public hearing. Each applicant for such special
use permit shall, at the time of filing such application, pay to the
Clerk-Treasurer of the Village a filing fee as shall be set from time
to time by resolution of the Board of Trustees, with a schedule of
such fees to be maintained by the Village Clerk-Treasurer, for a multifamily
dwelling having a total of 18 or less dwelling units and a filing
fee as shall be set by resolution for a multifamily dwelling having
a total of more than 18 dwelling units, plus an additional filing
fee as shall be set by resolution for each dwelling unit in excess
of 18, which fees shall be in addition to the fees for a building
permit otherwise prescribed by ordinance of the Village of Farmingdale.
B. The application to the Board shall include site plans, architectural plans and other information as described in §
600-224 of this chapter.
C. Surveys and plans. The Board of Trustees may, upon application and after a public hearing on notice as provided in §
600-234 for special use permit for a multifamily dwelling in such districts where that use may be permitted, authorize a special use permit if said Board shall find that the proposed use is desirable for the Village as a whole, that the location is appropriate for such use and gives due consideration to the character of the surrounding neighborhood. Before approving said special use permit, the Board of Trustees shall determine that the minimum conditions have been met, unless it is demonstrated that yard waivers may be appropriate in order to provide an improved building design and/or site plan. If such is the case, the applicant will be encouraged to seek relief from the Zoning Board of Appeals.
(1) Minimum site area. The minimum site area of a multifamily
development shall not be less than 40,000 square feet.
(2) Density. At least 2,500 square feet of site area shall
be provided for each dwelling unit.
(3) Frontages. At least 100 feet of continuous frontage
on a public street shall be provided for a multifamily dwelling development.
(4) Front yard. The required front yard shall not be less
than 35 feet in depth, and in the case of a corner lot, the required
front yard along each street shall not be less than 35 feet in depth.
(5) Side yards. A required side yard shall not be less
than 35 feet, except that on sites where the lot width is less than
120 feet, one minimum side yard may be 20 feet. On every site, the
total width of both side yards shall not be less than 70 feet.
(6) Rear yard. The required rear yard shall not be less
than 35 feet.
(7) Bulk. The building area shall not exceed 25% of the
site area. The total floor area shall not exceed 50% of the lot area.
(8) Height. No multifamily dwelling shall exceed 40 feet
or 2 1/2 stories in height as measured from the curbline abutting
said premises.
(9) Parking. Adequate parking shall be provided, but in no case shall the parking be less than required pursuant to Article
XIX of this chapter. No parking space shall be permitted within the required front yard, within 10 feet of any building or within six feet of any side or rear property line. All driveways shall be set back at least five feet from all buildings.
(10)
Landscaping. Adequate planting and screening
as determined by the Board of Trustees shall be provided, but in no
case shall less than 25% of the site be used for live lawns, ground
cover, shrubs and trees. Further, at least 75% of the required front
yard shall be landscaped.
(11)
Architecture. The exterior design and placement
of buildings shall protect and enhance the established character of
the Village. The minimum pitch of roofs shall be eight on 12 on all
buildings. All exterior building materials shall be aesthetic, appropriate
and of high quality as determined by the Board of Trustees. No more
than two types of materials (e.g., brick and clapboard) shall be permitted
on the wall (not including windows, trim and doors) of a multiple-residence
development. The architecture of all buildings and/or units in a multifamily
dwelling development shall be of the same style or period. The Board
of Trustees may waive or modify these requirements, if it determines
that it will further the public health, safety or general welfare.
On all applications for a special use pursuant to the provisions of this article, the Board of Trustees, in making its determination, may, prior to such determination, refer same to the Planning Board of the Village of Farmingdale for recommendations, which recommendations shall be advisory only. The requirements set forth in this article shall be deemed minimum requirements and compliance therewith shall not be deemed to require the granting of a special use permit for a multifamily dwelling. The Board of Trustees, in making its determination, shall, in addition to the requirements set forth in this article, also consider all other applicable statues, laws, ordinances and regulations affecting the construction and maintenance of multifamily dwellings within the Village of Farmingdale and the health, safety, convenience and general welfare of the Village of Farmingdale, together with the standards set forth in §§
600-221 and
600-222 of this chapter, and, as a condition of approval, may require such changes, modifications or additions to the plans and specifications as it may deem necessary to secure compliance therewith.
All sections of this chapter heretofore enacted
and expressly in conflict with the provisions of this article are
hereby repealed; provided, however, that the adoption of this article
shall not render unlawful the use or construction of any premises
or building for which a building permit has been issued prior to the
adoption of this article and which permit remains in force and effect
subsequent to the adoption hereof.