In a Business D District, no building or premises
shall be used and no building shall be erected or altered for other
than one or more of the following specific uses:
A.
Offices; financial institutions; studio; hotel; telephone
exchange.
B.
Restaurants and luncheonettes in which seats and tables
are provided for all customers when approved by the Board of Trustees
as a special use permit after a public hearing.
[Amended 1-18-1965; 3-13-1972]
C.
Retail stores, not including a planned shopping center,
as hereinafter defined.
[Amended 12-12-1977 by L.L. No. 11-1977]
D.
Theater; bowling alley; bar and grill; skating rink;
public tennis court; community center; fraternal meeting rooms.
[Amended 1-18-1965]
E.
Shoe repair shop; lawn mower repair shop; tailor;
dressmaker; jeweler; beauty parlor; barbershop; job printer; and butcher
shop, provided that no slaughtering is done on the premises. Laundromats
shall be prohibited.
[Amended 1-18-1965; 12-7-2020 by L.L. No. 2-2021]
F.
Cabinetmaking, furniture or upholstery business; electrician
or plumbing shop; optician and optical shop.
[Amended 6-29-1953; 12-7-2020 by L.L. No. 2-2021]
H.
Post office; firehouse; police station.
I.
Undertaking and embalming establishment, provided
that the same shall not be less than 300 feet from any premises located
in a residential district and fronting on the same street, and provided
further that if said undertaking and embalming establishment shall
be located within 50 feet of an intersecting street, there shall be
no premises zoned for residence within 300 feet of the intersection
formed by the street upon which said undertaking and embalming establishment
fronts and the nearest side line of said intersecting street.
[Amended 6-12-1946]
J.
A planned shopping center, when authorized as a special use by the Board of Trustees, as provided in Article XXIV.
[Amended 12-12-1977 by L.L. No. 11-1977]
K.
Any use of the same general character as the uses
hereinbefore specifically permitted in this article, and subject to
the same limitations and restrictions, when authorized by the Board
of Trustees.
[Amended 12-12-1977 by L.L. No. 11-1977]
L.
Gasoline service station or public garage, when authorized as a special use by the Board of Trustees as provided in Article XXIII.
[Added 6-17-1963]
M.
Municipal parking field; public parking spaces privately
owned, when authorized as a special use by the Board of Trustees,
provided that permits for such parking spaces and renewals thereof
shall be issued for a period not to exceed two years.
[Amended 12-12-1977 by L.L. No. 11-1977]
N.
Residential townhouses, subject to a special use permit
from the Board of Trustees and limited to one dwelling for each 4,000
square feet of total plot area devoted to such use and subject to
the following.
[Added 11-5-2007 by L.L. No. 12-2007; amended 11-5-2012 by L.L. No. 2-2012]
(1)
The building front setback shall be a minimum of 20 feet.
(2)
The rear yard setback shall be a minimum of 25 feet.
(3)
The building height shall not exceed 35 feet and 2 1/2
stories.
(4)
The plot width for each dwelling shall be at least 20 feet.
(5)
The minimum side yard for the plot devoted to Townhouse use
shall be 20 feet.
O.
Multifamily dwellings subject to a special use permit from the Board
of Trustees and subject to the following:
[Added 11-5-2012 by L.L. No. 2-2012]
(1)
Building area coverage shall be no greater than 90%.
(2)
Units per acre shall be no greater than 20.
(3)
Height shall be no greater than 2 1/2 stories or 30 feet.
(4)
Front yard setback shall be no less than 25 feet.
(5)
Dwelling unit size shall be no less than 850 square feet.
(6)
For developments within the Business D district that border
a residential district or use, a landscape buffer of no less than
25 feet shall be provided.
P.
Development incentive bonuses.
[Added 11-5-2012 by L.L. No. 2-2012; amended 2-5-2018 by L.L. No. 2-2018]
(1)
This subsection is intended to give the Board of Trustees all
powers set forth in New York State Village Law § 7-703 and
intended to comply with Article 16-a of the General Municipal Law
("Long Island Workforce Housing Act").
(2)
DENSITY BONUS
MAXIMUM DENSITY
WORKFORCE OR NEXT GENERATION HOUSING
Definitions. As used in this section, the following terms shall
have the meanings indicated:
A development incentive bonus of 10% density increase over
the maximum allowable as of right residential density or maximum floor
area ratio if part of a mixed-use development. All density calculations
resulting in fractional units shall be rounded up to the nearest whole
number. The granting of a density bonus shall not require, in and
of itself, a comprehensive plan amendment, zoning change or other
discretionary approval.
The maximum number of units or maximum floor area ratio,
if part of a mixed-use development, which is permitted as of right
in the Business D zoning district.
The housing required, and authorized, by the Board of Trustees,
for the grant of a density bonus. Such housing shall be targeted to
households with incomes less than 80% of the area median income for
Nassau County, as defined by the United States Department of Housing
and Urban Development and with unit sales prices or rents not to exceed
30% of the household's annual income. The Board of Trustees may permit
the developer to make provision of other land or the construction
on another site within the same local government; or make the payment
of a fee in lieu of the requirement to satisfy the workforce or next
generation housing requirement herein. Such housing units shall remain
affordable unless the approval of the Board of Trustees is amended
in writing, after a public hearing. The Board of Trustees may not
require that the targeted income and household annual income requirements
be reduced and modified to require more affordable units below the
limits set forth herein unless mandated by court order.
(3)
Density bonuses.
(a)
The Board of Trustees is hereby authorized to grant density
bonuses in accordance with this subsection. A subdivision plat or
site plan which proposes:
[1]
A minimum of five residential units or a mixed-use development
that incorporates a minimum of five residential units;
[2]
The maximum density; and
[3]
Which seeks a density bonus, shall not be approved unless the density bonus set forth in Subsection P(3)(a)[2] is granted.
(b)
Notwithstanding anything to the contrary in this subsection,
no density bonus shall be required where the applicant does not seek
a density bonus and no density bonus shall be granted unless the applicant,
in exchange for such density bonus, sets aside at least 20% of all
units proposed, as workforce or next generation housing or provides
cash in lieu thereof as permitted by New York State law. Any approval
required herein shall be conditioned upon the Village and the applicant
entering into a written agreement memorializing the requirements of
this subsection and the filing of such agreement in the office of
the Nassau County Clerk.
(4)
Procedure for obtaining density bonuses. Application, review
process, imposition of terms and conditions. Applications for development
bonuses shall be completed by each applicant and filed with the Village
Building Department along with the payment of any applicable fees.
Authorization for density bonuses shall be subject to approval by
the Board of Trustees after a public hearing. Upon completion of the
public hearing to consider the application for the density bonus,
the Board of Trustees shall grant or deny the application. In the
event that the Board of Trustees grants a density bonus, it may impose
such terms and conditions as are necessary to advance the Village's
specific physical, cultural and social policies in accordance with
the Village's Comprehensive Plan.
(5)
Environmental impact statement. In the event that the Board
of Trustees determines that a generic environmental impact statement
is warranted pursuant to Village Law § 7-703(3)(c), any
applicant for density bonuses shall pay the cost, if any, of preparing
the environmental impact statement, if so required by the Board of
Trustees, and such charge shall be added to any site-specific charge
made pursuant to the provisions of § 8-0109 of the Environmental
Conservation Law.
(6)
Prohibitions. The Board of Trustees may not grant any incentive
bonus other than the density bonus set forth in this subsection and
such density bonus may be granted only in accordance with this subsection.
(7)
Public hearing, public notice. The Board of Trustees shall hold
a public hearing to review all applications for special permits and
density bonuses submitted pursuant to this subsection. Public notice
shall be given by posting and publication in the official village
newspaper of such hearing at least 10 days prior to the date thereof.
Before an application for density bonuses may be heard by the Board
of Trustees, a complete and accurate list of the names and addresses
of the owners of all the lands within a radius of 200 feet of the
property affected by such application as appears on the latest completed
assessment roll of the Village of Farmingdale shall be submitted simultaneously
with the application. The applicant shall send, by certified mail,
to each owner shown on the applicable list, no less than 10 days nor
more than 20 days before the date set for a hearing upon this application,
a notice addressed to such owners signed by the applicant, generally
identifying the property affected thereby and setting forth the nature
of the application and density bonuses requested and the date, hour
and place fixed by the Board of Trustees for a hearing thereon. Before
such cases may be heard by the Board of Trustees, the applicant must
file with the Village Clerk, not later than five days prior to the
hearing date, an affidavit of the mailing of such notice as herein
provided, said affidavit to be made on forms to be provided by the
Board of Trustees.
Q.
Off-street parking and loading for residential townhouses and multiple dwellings. The minimum number of off-street parking and loading spaces for residential townhouses and multiple dwellings shall be governed in accordance with Chapter 600, Article XVIII.
[Added 11-5-2012 by L.L. No. 2-2012; amended 11-2-2015 by L.L. No. 10-2015]
R.
Workforce or affordable housing requirement. Workforce or affordable housing shall be provided in accordance with § 600-100P.
[Added 11-5-2012 by L.L. No. 2-2012; amended 2-6-2017 by L.L. No. 4-2017; 2-5-2018 by L.L. No. 2-2018]
S.
Site plan and related approval. All developments in the Business D District shall be subject to site plan review in accordance with Article XVIII of this chapter.
[Added 11-5-2012 by L.L. No. 2-2012]
T.
Nonconforming buildings and uses. Issues pertaining to nonconforming buildings and uses shall be governed by § 600-135.
[Added 11-5-2012 by L.L. No. 2-2012; amended 2-6-2017 by L.L. No. 4-2017]
U.
Applicability, conflicting provisions, or severability. Applicability, conflicting provisions, or severability shall be governed pursuant to the standards set forth in § 600-136.
[Added 11-5-2012 by L.L. No. 2-2012; amended 2-6-2017 by L.L. No. 4-2017]
V.
Costs, fees and expenses. All applicants under this section shall
be required to pay the cost associated with engineering, environmental,
architectural, legal and other consulting professionals retained by
or on behalf of the Village which are deemed necessary by the Village.
No building permit shall be issued until all engineering, environmental,
architectural, legal and other consulting professionals' fees or other
expenses incurred by the Village in connection with this section are
reimbursed to the Village by the applicant. The Village may require,
at the time of the application pursuant to this article, that the
applicant deposit with the Village Clerk such amount to cover consultation
fees and other expenses as shall be established from time to time
by resolution of the Board of Trustees.
[Added 11-5-2012 by L.L. No. 2-2012]
A.
Where within a Business D District a business building
is erected, used or designed to be used in part for residence purposes,
each room used or designed to be used for residential purposes shall
be provided with direct outside ventilation either from the front
yard or from the rear yard or from an open side yard or court not
less than six feet in width.
B.
Where a building is erected, used or designed to be
used entirely for residential purposes within a business district,
it must conform in the minimum dimensions of its side yards to the
provisions for Residence C Districts.
There shall be a required rear yard which shall
have a minimum depth of 15 feet.
[Amended 11-18-1968]
No building shall be greater than three stories
nor more than 36 feet in height.
