[Added 7-3-2012 by L.L.
No. 7-2012]
This Article XXVI (hereinafter the "article") is adopted as a local law pursuant to, inter alia, the New York State Constitution, Article 9, § 2(b)(3); Statute of Local Governments, § 10, Subdivision 6; and Municipal Home Rule Law § 10, Subdivision 1(ii)a(11), § 10, Subdivision 1(ii)a(12), and § 10, Subdivision 1(ii)d(3). It shall amend and, to the extent necessary, supersede any provisions of New York Village Law §§ 7-700 through 7-738, as well as any other sections of the Village Law with which it may be inconsistent.
A.
This article regulates the location, design, construction, alteration,
occupancy, and use of structures and the use of land within the area
known as the "Downtown Overlay Zones" (hereinafter "DOZ") within the
Village of Hempstead.
B.
This article is intended to promote the health, safety and general
welfare of the Village by creating a holistic and comprehensive economic
development strategy that utilizes the principles of social, economic
and environmental responsibility to reestablish the downtown as a
center of vibrancy within a mixed-use, transit-oriented setting. This
article is intended to create an opportunity for a more economically
successful and environmentally responsible Village downtown with a
more harmonious and pedestrian-oriented public realm than can be achieved
under the regulations in the underlying zoning in effect at the time
of adoption of this article.
C.
The primary purpose of this article is to institute a legally enforceable
form-based code within the DOZ, based upon the Village of Hempstead
Downtown Vision and Comprehensive Development Plan Update dated May
2008 and adopted on October 7, 2009 (hereinafter "the Comprehensive
Plan"), the Final Generic Impact Statement (hereinafter "the FGEIS")
dated October 13, 2008, the Findings Statement prepared for the Comprehensive
Plan, adopted on November 5, 2008, and the Supplemental Final Generic
Impact Statement for this article and the Findings Statement adopted
in connection thereto. This article establishes development rules
and procedures that will result in a compact and walkable transit-oriented
mixed-use development in the vicinity of the Rosa Parks Hempstead
Transit Center.
D.
This article is further intended to implement a streamlined process
of development application review and approval based upon compliance
with this article in order to expedite economic development that fulfills
the purposes of this article.
E.
The goals and objectives of the DOZ are to:
(1)
Expand employment opportunities throughout the downtown and
surrounding area.
(2)
Encourage green building design, including sustainable technologies
such as rooftop gardens and agriculture, stormwater management, photovoltaic
energy sources and other renewable energy and water and energy conservation
technologies.
(3)
Ensure the inclusion of a range of quality public parks and
open spaces.
(4)
Promote sustainable and mixed-use development that creates a
network of connected streets, parks, walkways and vibrant street-level
storefront commerce that will provide for an activated environment
along with a sense of security and safety.
(5)
Transform underutilized and underperforming properties and parking
lots in the downtown.
(6)
Reduce automobile dependency by creating a compact, pedestrian-oriented,
mixed-use environment.
(7)
Provide sufficient building densities and land uses within walking
distance of transit.
(8)
Leverage the extraordinary access to existing rail and bus transit
by linking land use with transportation.
(9)
Provide for a diverse mix of residential living choices.
(10)
Create incentives to concentrate development in the downtown
core and within 1/4 mile of the Rosa Parks Hempstead Transit Center.
(11)
Promote civic, institutional, commercial, retail, hospitality,
entertainment, recreational and residential activity throughout the
downtown core.
(12)
Encourage participation by private property owners using downtown
incentive bonuses (DIBs) within the DOZ to make use of the provisions
of this article by:
(a)
Providing a mechanism for smaller properties that would otherwise
be unable to meet the necessary development thresholds of this article,
to participate by joining forces through the formation of downtown
property owner alliances.
(b)
Allowing for greater densities and building heights.
(c)
Expanding the range of uses allowed.
(d)
Reducing parking requirements.
(e)
Allowing payments in lieu of required on-site parking spaces.
(f)
Providing shared parking opportunities.
(g)
Allowing payments in lieu of parks and open space requirements.
(h)
Providing for shared parks and open space opportunities.
(i)
Providing an expedited review and approval process.
F.
This article institutes a comprehensive system of form-based regulation
within the DOZ that is intended to be as user-friendly as possible.
To that end, this article contains some provisions that are partially
duplicative of other sections of the Village of Hempstead Zoning Ordinance.
This is done intentionally to make this article largely self-contained,
which will enable users to find as much information as possible in
one place, reducing the need to cross-reference other sections of
the ordinance. The conceptual framework of this form-based overlay
zoning is fundamentally different from the zoning framework of the
underlying Village zoning and is best understood as an integrated
whole.
A.
Application. This article applies to all land, buildings, streets, sidewalks, uses, activities, public and private improvements, and landscape alterations of any kind occurring within the four DOZ overlay zones, as further detailed below in § 139-205.
B.
Public land. The regulations in the DOZ apply not only to private
land use and development, but also to public improvements, new streets,
sidewalks, and land uses owned or to be owned and operated by the
Village of Hempstead and the Village of Hempstead Community Development
Agency. The Village of Hempstead encourages entities that are legally
exempt from the Village's Zoning Law to take this article into consideration
in conducting their activities within the DOZ.
C.
Optional. The four DOZ overlay zones do not replace the underlying zoning rules and regulations that currently exist in the DOZ. They provide an alternative option for landowners to use in developing and redeveloping their land and buildings within the DOZ. All existing rights, allowable uses, and approval procedures under the Village of Hempstead Zoning Ordinance (i.e., all sections of Chapter 139 of the Village Code through § 139-199) and of Chapter 8 (entitled "Planning Board") of the Village Code remain in full force and effect, except that if a property owner elects to proceed under the overlay provisions of this article, such provisions shall replace the provisions of the underlying zoning districts as well as the procedural provisions of Chapters 139 and 8 to the extent that the overlay is inconsistent with any underlying district provisions. A landowner electing to proceed under this article shall follow the procedures in § 139-213 rather than procedures prescribed elsewhere in Chapter 139 and in Chapter 8 of the Village Code, unless this article provides that such procedures apply to the DOZ.
D.
This article includes use standards, development standards, street standards, and site planning standards, organized by downtown overlay zoning districts as further described in § 139-205. For applicants electing to proceed under the DOZ, these overlay districts and standards replace the otherwise applicable zoning, subdivision, site plan, and other provisions in the Village Code regulating land use and development; creating an integrated code for the DOZ and a new set of procedures for administering this code. Where this article is silent about any matter relating to land use, building, or development, applicable provisions of the Village Code that do not conflict with this article shall apply. In case of any conflict between this article and any other provision of the Village Code, this article shall control, except as provided in Subsection E below.
E.
Building code and life safety codes. All applications for building construction are required to conform to applicable building code and life safety ordinances, laws, and regulations. Applicants shall be responsible for obtaining all necessary building permits and other approvals from local regulatory agencies with jurisdiction over a project. In any case where building or life safety regulations are in conflict with this article, the Downtown Advisory Board, hereinafter referred to as "DAB" (see § 139-213), shall be notified immediately and such ordinances shall take precedence. The DAB shall seek solutions to such conflicts that, to the maximum extent practical, are consistent with the intent and purpose of this article.
The definitions below describe terms as they appear in this article that are technical in nature or that otherwise may not reflect common usage. If a term is not defined in this article, and if it is defined in § 139-203 of this ordinance, the definition § 139-203 shall apply unless otherwise specified. In any interpretation of terms used in this article, the official or officials responsible for making such interpretation shall consult with the Professional Advisory Team.
A traveled way providing vehicular access to a parking lot, parking structure, garage, service area, loading area or building subject to § 139-208, Street and block standards.
An apartment sharing ownership and utility connections with
a principal building; it may or may not be within an accessory building.
A combination of architectural and programmatic elements
designed to stimulate and concentrate pedestrian activity along a
public frontage, including frequent placement of entrances, storefronts,
display areas and areas designed for multiple users.
The use of land, buildings, and/or rooftops for one or more
of the following purposes and where no nuisance is created by such
use.
COMMUNITY GARDENSLand managed by a public or not-for-profit organization or association and used to grow plants or ornamental crops for household use, sale, or donation.
AQUACULTURERaising aquatic plants or animals for sale to customers.
Agriculture does not include animal husbandry or the raising
of animals by a person for other than domestic use by that person.
A dwelling unit sharing a building and a lot with other dwelling
units and/or uses.
Any person or entity choosing to use the provisions of this
article.
An establishment where small-scale art, craft, and similar
products are produced and/or sold on the premises, including but not
limited to arts and crafts, microbreweries, musical instrument makers,
toy makers, and custom furniture makers. An artisan production facility
does not include industrial-scale mass production.
Dwellings consisting of rental or for-sale units to be sold or rented to purchasers or renters earning no more than 80% to 130% of median income for the Village of Hempstead or Nassau County. (See § 139-212.)
An owner-occupied dwelling in which not more than four bedrooms
(excluding those for the owner and his/her family) are provided for
overnight accommodations and breakfast for transient guests for compensation.
The aggregate of private lots, parking and rear access lanes
circumscribed by streets.
A line parallel to the curb which defines the portion of
the build-to zone closest to a street.
The portion of a lot where a defined percentage of at least a thirty-foot street wall on the front building facade is required to be located, between the build-to line and a line parallel to the build-to line within the lot, as shown in the diagrams and text describing private frontages in § 139-210.
Land accessible to the public that is owned and/or operated and available for public use. (See § 139-209.)
Any retail, service or office use listed as such in the Table
of Uses; see Table 1.[1]
See § 139-209.
The portion of pavement marking the transition from the vehicular
to the pedestrian realm. It may be raised, flush, with bollards or
similar indications. (See "Face of curb.")
Any point of access along a street where the curbline is
broken in order to permit the passage of vehicles to another street,
an access lane, a loading area, parking area or parking structure.
A special facility that provides application services or
management for various data processing and houses various equipment
related to those.
The commercial enterprise of storing goods and materials.
A committee established to advise the Planning Board on applications in the DOZ. (See § 139-213.)
Incentives for private property owners that choose to seek additional height and density. (See § 139-210.)
Structures or walls along the edges of public spaces and the public realm that define and enclose the public realm. (See § 139-210.)
Provision of educational services, including but not limited
to primary and secondary schools, nursery schools, colleges and universities,
music schools, dance schools, vocational schools, apprenticeship programs,
and facilities designed to provide instruction in any other recognized
skill or vocation.
To break the plane of a vertical or horizontal regulatory
limit with a structural element, so that it extends into a setback,
into the public frontage.
Any structural element that breaks the plane of a vertical
or horizontal regulatory limit, extending into a setback, into the
public frontage.
The side of a curb at the edge of the traveled way.
The length of a street line between two street corners.
The percentage of the site frontage that must be occupied
by a building facade and built within the build-to zone.
Frontage facing the street type with the highest priority
where A Streets are the highest and C Streets are the lowest priority.
The area within a site between the build-to line and a line
parallel to it that is 30 feet behind the build-to line. Private frontage
may be in private or public ownership depending upon the ownership
of the site on which it is located, but it is not located within the
public right-of-way.
The area located between the face of curb and the build-to
line as defined by the Zoning Standards Map[2] and corresponding street type or civic space designations.
The total linear length of a site fronting on one or more
streets, measured in linear feet at the build-to zone.
The portion of the public frontage between the build-to line
and the pedestrian clearway, allowing for building fixtures (e.g.,
lighting, signage, projected architectural mouldings), removable planters,
and signage boards.
See § 139-209.
An occupation, trade, profession, or other business activity
resulting in a product or service for compensation, conducted wholly
or partly in a dwelling unit or accessory building. More than one
nonresident working on the premises at any one point in time is prohibited.
An establishment providing sleeping accommodations for hotel
guests, with additional ancillary uses contained in full-service hotels,
containing at least 20 guest suites, or condominium units that provide
guest amenities or services and are operated and managed by the hotel
(excluding inns and bed-and-breakfast establishments).
A business and/or club, which for compensation and/or dues,
offers indoor recreational services, including but not limited to
gyms, health clubs, movie theaters, children's play facilities, or
other places for public or private entertainment.
An establishment providing sleeping accommodations for not
more than 19 transient guests, with or without a dining room or restaurant
and excluding hotels and bed-and-breakfast establishments.
The area of sidewalk where placement of street furniture
and landscaping is allowed.
A private frontage type that has a below-grade entrance or
recess designed to allow light into basements.
A building designed to screen a parking lot or parking structure
from a build-to zone, street or civic space.
A building which includes a combination of dwelling units
and retail and/or artisan production facilities in excess of what
is allowed as a home-based business.
A lot line which separates a lot from the public right-of-way
at the front of a principal building.
The development entity selected by the Village Trustees to
oversee development in the DOZ pursuant to the Master Developer Agreement
executed on February 9, 2012.
A building or site designed for and containing more than
one of the uses listed on the Use Table.[3]
A single-use building containing four or more dwelling units.
Premises available for the transaction of general business
but excluding retail, artisan production facility, and artisanal production
uses.
A continuous horizontal projection for most of a facade.
The parapet, like eave line, can be a designated location for measure
of building height.
See § 139-209.
A building containing one or more stories of parking above
grade.
An area within the sidewalk that must remain clear of obstructions
to allow public passage. (See frontage type specifications for required
width.)[4]
An outdoor pedestrian walkway providing common access between
buildings, streets, civic spaces and parking areas, which may be open
or roofed.
See § 139-209.
See § 139-209.
The primary and largest building on a lot, usually located
toward the primary frontage.
The main point of access for pedestrians into a building.
A privately owned outdoor space located at ground level or
on upper floors, designed to provide places for active use including
outdoor dining, passive recreation, gardens, urban agriculture, plaza
space, sitting areas, green roof, landscaped courtyards or similar
spaces for regular occupant use not including parking areas, roofs
not designed for regular occupant use, loading areas or mechanical
areas.
Consultants with expertise relevant to the review of applications in the DOZ retained by the Planning Board and DAB. (See § 139-213.)
Services rendered by an attorney admitted to practice in
the State of New York, a certified public accountant, a professional
engineer, an architect, landscape architect, physician, dentist, speech
pathologist, audiologist, chiropractor, podiatrist, physical therapist
or an individual licensed to practice psychology, all as defined in
the Education Law in the State of New York.
A systematic study and application of knowledge or understanding,
directed toward the production of useful materials, devices, and systems
or methods, including design, development, and improvement of prototypes
and new processes to meet specific requirements.
A building used as a group residence or extended care facility
for the care or supervision of persons, including adult care facilities
and nursing homes, where compensation and/or reimbursement of costs
is paid to an operator, pursuant to state or federal standards, licensing
requirements, or programs funding residential care services.
Sale of goods and/or provision of personal services directly
to the ultimate consumer.
The distance between a specified lot line or build-to line
and the front, side, or rear of a building. (See also "build-to line"
and "build-to zone.")
Corner locations, typically at intersections, that are designated
on the Zoning Standards Map[5] for a distinctive architectural element or a civic space
framed by buildings of high architectural quality. A significant corner
may function as a terminating vista.
An assemblage of one or more lots controlled through an individual
owner, contract vendee, or a group of owners acting together to develop
under the provisions of this article (synonym: development site).
Structure or improvement for the generation of energy from
renewable resources, including, but not limited to, wind, solar, hydroelectric,
methane, wood, biomass and alcohol, not to exceed a generating capacity
of 100 Kilowatts.
See § 139-209.
A required distance from the public right-of-way, in addition
to the required setback for the ground level of a building, setting
the upper stories of a building behind the plane of the facade of
the lower stories of the building. The stepback occurs above five
stories.
A line prescribed for the full width of a facade at the build-to
line or within the build-to zone, above which there is a stepback
of a minimum distance.
See § 139-209.
A private frontage type primarily for retail use, with substantial glazing, wherein the facade is aligned close to the front lot line with the building entrance at sidewalk grade. (See § 139-210.)
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. An intermediate floor between the floor and ceiling of
any story, and covering less than one-third of the floor area immediately
below the intermediate floor shall be considered a mezzanine, which
shall not be counted as a story.
The public right-of-way, encompassing the traveled way and the public frontage on either side of the traveled way, bounded by build-to lines or lot lines on both sides of the public right-of-way. (See § 139-208.)
A location at the axial conclusion of a street and designated
on a Zoning Standards Map[6] providing a distinctive architectural element or a civic
space framed by buildings of high architectural quality.
A building containing single-family dwelling units attached
by a common party wall in which each unit has a separate entrance
facing a street or a civic space.
The portion of a street between the curbs and available for
use by vehicles, bicycles and other forms of intermodal transportation.
[2]
Editor's Note: The Zoning Standards Map is included at the end of this chapter.
[5]
Editor's Note: The Zoning Standards Map is included at the end of this chapter.
[6]
Editor's Note: The Zoning Standards Map is included at the end of this chapter.
Certain other entities and legal instruments are referenced
herein for the purpose of securing related public improvements and
community benefits. These include the following, which are detailed
more fully in the enumerated sections below:
The DOZ is shown on the map entitled "Official Map of the Village
of Hempstead, Nassau County, New York - Zoning."[1] The DOZ is hereby divided into the following overlay districts,
shown as "DO-1," "DO-2," "DO-3," and "DO-4."
[1]
Editor's Note: Said map is included at the end of this chapter.
A.
The DOZ is divided into the following overlay districts, shown as
"DO-1," "DO-2," "DO-3," and "DO-4."
B.
Zone purposes. The downtown overlay zoning districts consist of the
following:
(1)
DO-1: Hospitality and Entertainment District. The intent of
this district, located within 1/4 mile of the Transit Center, is to
support the greatest variety and mix of uses, promoting a range of
commercial office, retail, residential choices, and the highest concentration
of hospitality and entertainment uses. The DO-1 District permits highest
densities and promotes compact design with vertically and horizontally
integrated residential and nonresidential uses. Parking standards
and pedestrian amenities required in this district reflect its immediate
access to transit options.
(2)
DO-2: Transit District. The intent of this district, also located
within 1/4 mile of the Transit Center, is to support, similarly to
the DO-1 District, a wide variety and mix of uses, promoting a range
of retail choices and commercial uses as well as a variety of residential
options. The DO-2 District also permits highest densities and promotes
compact design with vertically and horizontally integrated residential
and nonresidential uses. Parking standards and pedestrian amenities
required in this district also reflect its immediate access to transit
options.
(3)
DO-3: Commercial Transition District. The intent of this district,
located between 1/4 mile and 1/2 mile of the Transit Center, is to
support a great variety of uses, high concentration of commercial
and retail uses and a range of housing choices. The DO-3 District
permits lower densities than DO-1 and DO-2 while continuing to promote
compact design with vertically and horizontally integrated residential
and nonresidential uses. Parking standards and pedestrian amenities
support proximity to transit options.
(4)
DO-4: Downtown Edge District. The intent of this district, located
farther from the Transit Center than the DO-1, DO-2, or DO-3 Districts,
is to permit a wider range of uses than the underlying zoning districts
permit, particularly residential, live-work and urban agriculture,
at lower densities than the other DO zones. There is a special permit
provision for locating residential development and live-work buildings
that can be applied in certain areas within the DO-4 District.
C.
If a parcel is located in more than one DOZ overlay district, the applicant shall be entitled to apply the building use and downtown incentive bonus district provisions for the more permissive district to the entire parcel. However, the building envelope standards for each district shall apply to the portions of the site located in each district. (See § 139-208.)
D.
Procedures. In the DO-1, DO-2, and DO-3 Districts, building form, frontage and design criteria promote high-quality streetscape and a pedestrian-friendly environment, quality public and civic areas, and vertically and horizontally integrated residential and nonresidential uses, with an interconnected network of streets, wide sidewalks, orderly street tree plantings, and buildings set close to the sidewalks. The procedures for these districts are contained in § 139-213. The procedures and standards for the DO-4 District are described in a separate section (§ 139-214) because the intent of this district and its substantive provisions and procedures are significantly different from the DO-1, DO-2, and DO-3 Districts.
E.
Establishment of Zoning Standards Map.[1] A Zoning Standards Map is hereby established and incorporated into this article for the DO-1, DO-2, and DO-3 Districts only. There is no Zoning Standards Map for the DO-4 District. The development standards, street standards, and civic space requirements and standards in §§ 139-208, 139-209, and 139-210 are keyed to the Zoning Standards Map to show how these standards apply in different portions of each district.
[1]
Editor's Note: The Zoning Standards Map is included at the end of this chapter.
F.
Zoning standards tiled maps. The Zoning Standards Map, because of
its level of detail, is available on both one large sheet and in a
series of tiled maps, along with a legend and key map. The details
on these maps include cross sections of new streets, sidewalk and
frontage details, storefront frontage occupancy requirements, significant
corners, and terminated vistas.
G.
Zoning standards elements. The Zoning Standards Map designates a
series of zoning standards elements to regulate the building forms
most appropriate for each overlay district, street, block and lot.
This map regulates street types, terminating vistas, significant corners
and required frontage types.
(2)
Terminating vistas. The Zoning Standards Map designates locations
where terminating vistas are required. A building located at a terminating
vista is recommended to be designed in response to the axis of the
terminating street.
(3)
Significant corners. The Zoning Standards Map designates locations where significant corners are required as defined in § 139-203.
(4)
Required frontage types. The Zoning Standards Map designates certain locations where storefront frontage types are required to provide a storefront design according to the standards established in § 139-210, District standards. Certain limitations on permitted residential uses also apply to these designated storefront frontage locations, as provided in § 139-210.
This section defines the minimum street and block standards
required to provide block configurations, traveled way improvements,
public frontage improvements, site access and site frontages for the
development of new sites, streets and/or access lanes.
A.
Street and traveled way requirements.
 |
(1)
Street type designations. Through the process of block development
by the process outlined in this article, the Planning Board shall
designate all new streets as either A Streets, B Streets or C Streets
to reflect the importance of pedestrian and commercial activity, the
intended form of development and the need for traffic management along
that street.
(2)
Traveled way responsible parties.
(a)
The design, maintenance and rehabilitation of an existing traveled
way shall be the responsibility of the owner of such traveled way
(e.g., Village or county).
(b)
The design and construction of new traveled ways shall be the
responsibility of the applicant proposing new streets, shall comply
with the street standards in the current Design Guidelines Manual
adopted by the Village of Hempstead for those streets and shall be
offered for dedication to the Village of Hempstead.
(3)
New streets and access lanes.
(a)
Design Guidelines Manual for street and access lanes.
[1]
The Planning Board may prepare, with the support and guidance
of the DAB, a Design Guidelines Manual with provisions to establish
standards and guidance on the design of new streets and access lanes.
The Planning Board may require applicants to comply with the provisions
of this manual.
[2]
Site access standards.
[a]
The Planning Board may require, following recommendation
by the DAB, sites to provide for pedestrian access, service access,
and loading access within a reasonable distance from a public street
or access lane.
[b]
The Planning Board may require, where appropriate
and necessary, to provide adequate access to a site, and provide a
minimum sixteen-foot-wide access easement at one or more locations
within the site, at the side(s) of the site or at the rear of the
site on the street level, with a clear vertical area of 14 feet.
[c]
The Planning Board may require the applicant to
design streets and access lanes to connect to other access lanes,
streets, loading areas or parking areas or parking structures on the
applicant's site or on adjacent sites.
[d]
The Planning Board may require the applicant to
create pedestrian ways, access lanes or streets within the designated
access easements, to connect to existing streets or to combine access
easements from adjoining sites creating an interconnected network
of streets, access lanes and pedestrian ways.
[e]
All buildings shall provide a primary pedestrian
entrance from the building frontage facing the street type of the
highest order with A Streets as the highest and C Streets as the lowest
order. A secondary pedestrian entrance shall be provided from one
of the building frontages facing one of the lower order frontages.
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(4)
New intersection standards.
(a)
Upon site plan approval, all existing curb cut and site access
privileges to a site shall be extinguished and applicants shall provide
access to the site as prescribed in the site plan approval.
(c)
The Planning Board and the DAB shall encourage and facilitate
the coordination of design and construction of new street and new
intersections with existing and proposed development on the opposite
side of an A Street, B Street or C Street within another block; however,
the Planning Board and DAB shall not interpret these standards to
prohibit development on opposing blocks if a safe means of access
to those sites can be reasonably accomplished through careful planning
and coordination.
(d)
To the greatest extent possible, opposing street and access
lane center lines shall align with each other, unless the Planning
Board, after recommendation by the DAB, approves otherwise.
(e)
The Planning Board, after recommendation by the DAB, shall have
the authority to approve the location and placement of new intersections.
(f)
See Figure 208-3, Diagram of Street Type and Access Lane Intersection
Standards.
|
Figure 208-3, Diagram of Street Type and Access Lane Intersection
Standards
| ||||
|---|---|---|---|---|
|
Street Types and Access Lanes
|
Minimum Separation Distance Between Street Intersections
|
Minimum Separation Distance Between Intersections and
Access Lanes Curb Cuts
|
Minimum Separation Distance Between Two Access Lane Curb
Cuts
| |
|
A Streets
|
250 feet
|
250 feet
|
250 feet
| |
|
B Streets
|
150 feet
|
100 feet
|
100 feet
| |
|
C Streets
|
100 feet
|
100 feet
|
No minimum
| |
|
Access lane
|
Not applicable
|
100 feet
|
No minimum
| |
|
Note: All separations and distances shall be measured from lesser
of the two: 1) for those traveled ways less than 40 feet, zero inches,
use the center line of the traveled way; or 2) for those traveled
ways greater than 40 feet, zero inches, a distance 20 feet, zero inches,
from the edge of the traveled way.
| ||||
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B.
Public frontage.
 |
(1)
Public frontage standards.
(a)
The design, rehabilitation and construction of public frontages
within the public right-of-way, including curbs, shall be the responsibility
of the applicant, according to the design standards established in
this article and any associated design guidelines adopted by the Planning
Board. The applicant is responsible for obtaining approval of such
improvements from all agencies with jurisdiction over the public right-of-way.
(b)
All sites shall provide at least one public frontage and that
frontage shall be located along a public street.
(c)
Where the required build-to line as identified herein would
be located within the public street right-of-way, the build-to line
shall instead be placed at the front lot line(s).
(d)
To qualify for development using the provisions of this article, all sites shall meet the minimum site area and site frontage requirements as defined in § 139-210 and comply with the build-to line and build-to zone requirements in § 139-210. See Public Frontage Diagram.[1]
[1]
Editor's Note: See § 139-208B(3).
(2)
Street types. Street types establish the width of public frontages
and character of those streets. All streets shall be designated as
one of the following:
(a)
A Street: a primary street, designed to promote the most active
pedestrian and commercial activity in the downtown, with a seventeen-foot-six-inch
public frontage on both sides of the street offering the greatest
flexibility and opportunities for pedestrian-oriented streetscape
design and storefront activity.
(b)
B Street: a secondary street, designed to promote active pedestrian
activity in the downtown, with a twelve-foot-zero-inch public frontage
on both sides of the street offering opportunities for pedestrian-oriented
streetscape design and occasional storefront activity.
(c)
C Street: a tertiary street, designed to provide access and
service access to lots, with a minimum six-foot-zero-inch public frontage
on at least one side of the street.
(3)
Public frontages elements shall consist of:
 |
|
* Street types shall include public frontage on both sides of
traveled way.
|
|---|
|
** C Street type shall include a minimum of one public frontage
on one side of traveled way.
|
C.
Block standards.
 |
(1)
Mid-block pedestrian way connectivity. Site plans for sites
shall promote a connected network linking the site to its surrounding
block and neighborhood including building entrances, civic spaces,
private open spaces, pedestrian ways, sidewalks, access lanes and
streets. Where blocks facing A Streets or B Streets are 500 feet or
longer, sites with more than 200 feet of site frontage on a block
frontage may be required to provide mid-block pedestrian ways and/or
civic spaces at least 16 feet in width from the front of the site
facing the street to any pedestrian ways or planned pedestrian ways
located at the rear of the site to reduce uninterrupted block frontages
and provide a lighted and connected network of walkways through each
block.
B.
General civic space and private open space requirement. Each site
shall provide a minimum of 10% of its site area in the form of civic
space and a minimum 5% as private open space.
C.
Provision of civic space. All sites shall provide civic space by
one or a combination of the following methods:
(1)
Where a site is 15,000 square feet or more in area an applicant may provide the civic space on site in the form of one or more of the permitted civic space types listed in § 139-209H.
(2)
Where a site is less than 15,000 square feet in area an applicant
may contract and/or bond for placing such civic space on another site
located within 1,000 feet of the site.
(3)
On any site, an applicant may elect to pay a fee in lieu for
civic space calculated by a formula to be determined by the Village
Board based upon the site area and the floor area of the proposed
development. Such fees shall be deposited into a segregated fund used
only to design and construct the required civic space at a location
approved by the Village Trustees, following recommendation by the
DAB.
D.
Maintenance.
(1)
Privately owned public space shall be maintained by its owner
or a private entity such as a property owners' association, municipal
improvement district or business improvement district.
(2)
Publicly owned civic space shall be maintained by its public
owner or a contracted entity such as a property owners' association,
municipal improvement district or business improvement district as
approved by the Village Trustees.
E.
Minimum civic space standards. To qualify for designation by the
Planning Board as a civic space, the space shall:
(1)
Be in a form of ownership acceptable to the Village Trustees.
(2)
Provide public access at least 16 hours per day.
(3)
Be located at the ground level.
(4)
Adhere to the standards established for civic spaces in this
section.
(5)
With the exception of a civic space approved as a piazza, only
those spaces directly contiguous to a public frontage and visible
from the sidewalks on A Streets, B Streets or C Streets shall qualify
as land eligible for credit as civic spaces.
(6)
A minimum of 15% of the civic space shall be provided with landscaping
in the form of fountains, benches, open-air covered pavilions, gardens,
planting areas, tree canopy areas, or similar civic or natural features.
F.
Civic space programming, placement and design criteria.
(1)
The following programming and design considerations, among others,
shall be evaluated by the DAB in making their recommendation to the
Planning Board:
(a)
Solar orientation of civic space.
(b)
Amenities such as water features, public bathrooms, informational
kiosks, drinking fountains, play and entertainment areas.
(c)
Facilities for the use, retention and recharging of rainwater.
(d)
Projected public access and likelihood of use.
(e)
Seasonal programming of the space.
(f)
Intensity of adjacent private frontage(s).
(2)
All civic spaces shall establish build-to lines, at the perimeter
of the area designated as civic space or open space, and the build-to
zone for the chosen private frontage shall be designated on the site
plan. All civic spaces shall fulfill the frontage requirements of
the private frontage; however, exceptions may be granted by the Planning
Board for pedestrian ways of less than 16 feet in width to permit
mid-block connectivity.
(3)
Approved civic spaces fronting on streets with required build-to
zone occupancy requirements shall permit the applicant for a site
to remove that portion of the civic space street frontage from the
frontage occupancy requirement of the underlying street frontage type.
G.
Design Guidelines Manual for civic space. The Planning Board may
prepare, with the support and guidance of the DAB, a Design Guidelines
Manual with provisions to establish standards and guidance on the
design of civic space. The Planning Board may require applicants to
comply with the provisions of this Manual.
H.
Figure 209.H, permitted civic space types. To qualify for designation
as a civic space, each proposed public civic space or privately owned
public space must comply with one of the following permitted forms
and fulfill the requirements associated with that civic space:
(1)
Plaza: see Figure 209-1.
(2)
Corner plaza: see Figure 209-2.
(3)
Piazza: see Figure 209-3.
(4)
Green: see Figure 209-4.
(5)
Square: see Figure 209-5.
(6)
Pedestrian way: see Figure 209-6.
(7)
Streetscape enhancement areas: those streetscape areas designed
and constructed to provide high-quality paving materials, street furnishings,
pedestrian-oriented lighting, and landscaping requirements. These
areas may include places designed for pedestrian-only, vehicular-only
or shared pedestrian-vehicular use.
(8)
Public sidewalk areas along new streets.
|
FIGURE 209-1 PLAZA
 |
|
FIGURE 209-2 CORNER PLAZA
 |
|
FIGURE 209-3 PIAZZA
|
|---|
 |
|
FIGURE 209-4 GREEN
|
|---|
 |
|
FIGURE 209-5 SQUARE
|
|---|
 |
I.
Private open space requirements. Each development site shall provide
a minimum of 5% of the development site in the form of private open
space providing light and air to the inner area of each development
site.
J.
To qualify for credit toward the 5% private open space requirement,
private open space must take one of the following permitted forms,
unless the DAB recommends and the Planning Board approves another
form:
(1)
Pedestrian way: see Figure 209-6.
(2)
Front court: see Figure 209-7.
(3)
Roof garden: see Figure 209-8.
(4)
Pocket park: see Figure 209-9.
(5)
Courtyard: see Figure 209-10.
|
FIGURE 209-6 PEDESTRIAN WAY
 |
|
FIGURE 209-7 FRONT COURT
 |
|
FIGURE 209-8 ROOF GARDEN
|
|---|
 |
|
FIGURE 209-9 POCKET PARK
|
|---|
 |
|
FIGURE 209-10 COURTYARD
|
|---|
 |
A.
Permitted uses by district.
(1)
The schedule of principal uses permitted within the DOZ is shown
in Table 1: Table of Principal Uses. Principal uses are listed as
"permitted" (P), "allowed by special permit" (SP), or "allowed by
special permit only where the underlying district is Business B and
limited to a total of 383 units in the entire DO-4 District" (SP**).
(2)
All uses prohibited in the underlying zoning districts shall
also be prohibited in DOZ, except as otherwise allowed in the use
table below.
(3)
Accessory uses customarily associated with principal uses, including
home-based business, shall be permitted.
|
Table 1: Table of Principal Uses
| |||||
|---|---|---|---|---|---|
|
DO-1
|
DO-2
|
DO-3
|
DO-4
| ||
|
MIXED USE***
| |||||
|
Mixed-use building
|
P
|
P
|
P
|
*
| |
|
Live-work
|
P
|
P
|
P
|
SP**
| |
|
RETAIL
| |||||
|
Retail
|
P
|
P
|
P
|
*
| |
|
Restaurant
|
P
|
P
|
P
|
*
| |
|
OFFICE
| |||||
|
Office
|
P
|
P
|
P
|
*
| |
|
Medical office
|
P
|
P
|
P
|
*
| |
|
Professional service
|
P
|
P
|
P
|
*
| |
|
RESIDENTIAL***
| |||||
|
Townhouse
|
P
|
P
|
P
|
SP**
| |
|
Multiple dwelling
|
P
|
P
|
P
|
*
| |
|
Multifamily residence
|
P
|
P
|
P
|
*
| |
|
CULTURAL
| |||||
|
Theater
|
P
|
P
|
P
|
*
| |
|
Performing arts
|
P
|
P
|
P
|
*
| |
|
Museum
|
P
|
P
|
P
|
*
| |
|
HOSPITALITY***
| |||||
|
Hotel
|
P
|
X
|
X
|
*
| |
|
Inn
|
P
|
P
|
P
|
*
| |
|
Bed-and-breakfast
|
X
|
X
|
P
|
*
| |
|
Residential care facility
|
P
|
P
|
P
|
*
| |
|
RECREATION/ EDUCATION
| |||||
|
Indoor recreation
|
P
|
P
|
P
|
*
| |
|
Educational use
|
P
|
P
|
P
|
*
| |
|
RELIGIOUS/CIVIC
| |||||
|
Houses of worship
|
P
|
P
|
P
|
*
| |
|
Library
|
P
|
P
|
P
|
*
| |
|
LIGHT INDUSTRIAL
| |||||
|
Artisan production facilities
|
P
|
P
|
P
|
*
| |
|
Research and development facility
|
P
|
P
|
P
|
*
| |
|
Data information center
|
P
|
P
|
P
|
*
| |
|
Document/misc. storage
|
P
|
P
|
P
|
*
| |
|
Small-scale renewable energy facilities
|
P
|
P
|
P
|
P
| |
|
Agricultural use
|
P
|
P
|
P
|
P
| |
|
Animal husbandry
|
X
|
X
|
SP
|
SP
| |
|
PARKING FACILITIES
| |||||
|
Parking structures
|
P
|
P
|
P
|
P
| |
|
Surface parking
|
P
|
P
|
P
|
P
| |
|
ADULT ENTERTAINMENT USES
| |||||
|
Adult entertainment use
|
X
|
X
|
X
|
*
| |
|
UTILITIES
| |||||
|
Utilities
|
SP
|
SP
|
SP
|
SP
| |
|
NOTES:
| ||
|---|---|---|
|
P
|
Permitted
| |
|
SP
|
Allowed by special permit
| |
|
*
|
Allowed if and to the extent permitted in the underlying district
| |
|
SP**
|
Allowed by special permit only where the underlying district
is Bus B and limited to a total of 383 units in the entire DO-4 District
| |
|
X
|
Prohibited
| |
|
***
|
Residential use and private dwelling units associated with hospitality
uses are prohibited on first floor of storefront frontage
| |
B.
Development standards.
(1)
General development standards.
 |
(a)
The combination of the private frontage, public frontage, the
traveled way, and the associated edging elements, defines the character
of the street. The character of the private frontage is defined by
the architectural treatment and use of the ground floor, dimensional
depth of the visible yard and the combination of the frontage edging
elements. Private frontage is a front portion of the site that extends
from the build-to line for the depth of 30 feet toward the interior
of the property parallel to the build-to line. The private frontage
regulates both form and use.
[1]
Corner sites on A and B Streets shall have two private frontages.
Primary building facade and primary entrance shall address the street
of higher importance, as recommended by the DAB and approved by the
Planning Board.
[2]
Storefronts when required as per § 139-207 shall occupy the full depth of the private frontage and when located on corner sites shall wrap the corner for the minimum of 30 feet.
[3]
No surface parking shall be located within the private frontage.
All parking shall be screened or lined by buildings.
[4]
No parking structures shall be located within the private frontage.
(2)
Build-to line.
 |
(a)
Build-to line defines the portion of the build-to zone closest
to a street.
(b)
Build-to line shall be set parallel to the face of curb for a distance regulated by the street type in § 139-208, as designated by the Zoning Map Standards in § 139-207.[1]
[1]
Frontage on C Street. There are no private frontage requirements
on C Streets, therefore, C Streets are the only streets which allow
a rear yard condition. A private frontage may be established on a
C Street at site plan approval if:
[2]
All such frontages shall establish a BTZ and minimum frontage
occupancy applies.
[1]
Editor's Note: The Zoning Standards Map is included at the end of this chapter.
(3)
Build-to zone.
(a)
Structural elements of a front building facade shall be located
within the build-to zone.
(b)
Frontage occupancy refers to the length of the building which
must occupy a required minimum percentage of the length of the site
or build-to zone. Additionally it regulates vertical occupancy of
the building. The face of the building for the approved height of
the building shall occupy the build-to zone. However, no more than
five stories of the face of the building shall occupy the build-to
zone with the exception of significant corners.
(c)
Build-to zone allows for building entrance alcoves and expanded
sidewalk area for outdoor dining, building facade articulation and
inclusion of pronounced and/or recessed building elements and building
alignment with existing neighboring buildings.
 |
 |
 |
 |
(4)
Site development standards and incentives. The dimensional standards
shown in the table below shall apply to each site. These standards
include base DOZ standards as well as height incentives for large
lots and parcel assembly (DIB1 and DIB2).
|
Figure 210-7, Development Standards for DO-1, DO-2, DO-3
| |||
|---|---|---|---|
|
DOZ Base Requirements
|
Downtown Incentive Bonuses (DIBs)
| ||
|
DIB1
|
DIB2
| ||
|
Build-to zone
|
5 feet required for frontage types FR-1 FR-2 FR-3
| ||
|
10 feet required for frontage types FR-4 FR-5 FR-6
| |||
|
Site frontage minimum
|
75 feet
|
150 feet
|
300 feet
|
|
Site area minimum
|
7,500 square feet
|
15,000 square feet
|
60,000 square feet
|
|
Building height
|
3 stories and 30 feet minimum*
|
5 stories maximum
|
DO-1 & DO-2: Residential buildings - not to exceed 8 stories;
nonresidential buildings - not to exceed 10 stories and 120 feet
DO-3: not to exceed 85 feet
|
|
Stepback
|
N/A
|
N/A
|
15 feet above 5 stories
|
|
PARKING LOCATION (Structure or Surface)
| |||
|
Setback from A & B Streets
|
30 feet above street level; 0 feet for parking stories entirely
below street level
| ||
|
Setback from C Streets
|
0 feet
| ||
|
NOTES:
| |
|
* Base height
|
|
Figure 210-8, Sustainable Development Standards for DO-1,
DO-2, DO-3
| |||
|---|---|---|---|
|
DOZ Requirements
|
Downtown Incentive Bonuses (DIBs)
| ||
|
DIB1
|
DIB2
| ||
|
Minimum requirement
|
Attain equivalent of LEED ND Certified (40-49 points)
|
Minimum requirement to attain equivalent of LEED ND Silver (50-59
points)
| |
|
Indoor water use
|
20% below baseline
|
20% below baseline
| |
|
Water-efficient landscaping
|
Reduce potable water consumption for outdoor landscape irrigation
by 50% from a calculated midsummer baseline case
| ||
|
Heat island reduction**
|
50% of the nonroof site hardscape
| ||
|
"Green" roof for at least 50% of roof area or 75% of roof with
low SRI
| |||
|
Parking
|
DOZ minimum requirements
|
Provide minimum 3% car sharing
| |
|
Bicycle parking
|
DOZ minimum requirements
|
Provide minimum 5% bike sharing
| |
|
NOTES:
| |
|---|---|
|
** Except for approved piazza as public civic space
|
|
FIGURE 210-9 SITE DEVELOPMENT STANDARD FOR OPT-IN TO THE
DOZ IN DO-1, DO-2 AND DO-3
|
|---|
 |
|
FIGURE 210-10 SITE DEVELOPMENT STANDARD FOR DIB1 IN DO-1,
DO-2 AND DO-3
|
|---|
 |
|
FIGURE 210-10 SITE DEVELOPMENT STANDARD FOR DIB2 IN DO-3
|
|---|
 |
|
FIGURE 210-11 SITE DEVELOPMENT STANDARD FOR DIB2 IN DO-1
AND DO-2
|
|---|
 |
C.
Private frontage types.
|
Figure 210-12, Table of Permitted Private Frontage
Types
| |||||||
|---|---|---|---|---|---|---|---|
|
Permitted Frontage Types
| |||||||
|
Street Types
|
Store-front*
|
Urban
|
Stoop
|
Porch
|
Lightwell
|
Court
|
Mid-Block
|
|
FR-1
|
FR-2
|
FR-3
|
FR-4
|
FR-5
|
FR-6
|
FR-7
| |
|
A Street
|
P
|
P
|
P
|
X
|
X
|
P
|
X
|
|
B Street
|
P
|
P
|
P
|
P
|
P
|
P
|
X
|
|
C Street***
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
|
*
|
See Zoning Map Standards § 139-207 to determine where storefront is required
| ||||||
|
P
|
Permitted
| ||||||
|
X
|
Not permitted
| ||||||
|
***
|
Frontages are deemed to exist on C Streets if and
only if the C Street frontage is necessary to fulfill the minimum
site frontage requirements for a site. All such frontages shall require
a build-to zone and a minimum frontage occupancy associated with their
private frontage types.
| ||||||
|
Figure 210-13, Table of Minimum Frontage Occupancy
Requirements
| |||||||
|---|---|---|---|---|---|---|---|
|
Minimum Frontage Occupancy Required
| |||||||
|
Street Types
|
Store-front*
|
Urban
|
Stoop
|
Porch
|
Lightwell
|
Court
|
Mid-Block
|
|
FR-1
|
FR-2
|
FR-3
|
FR-4
|
FR-5
|
FR-6
|
FR-7
| |
|
A Street
|
80%
|
80%
|
80%
|
X
|
X
|
80%
|
X
|
|
B Street
|
80%
|
60%
|
60%
|
60%
|
P
|
60%
|
X
|
|
C Street
|
0%
|
0%
|
0%
|
0%
|
0%
|
0%
|
0%
|
|
*
|
See Zoning Map Standards § 139-207 to determine where storefront is required
| ||||||
|
P
|
Permitted
| ||||||
|
X
|
Not permitted
| ||||||
|
NOTE: Residential use not permitted on the ground
floor when storefronts are used or required. Common areas of residential
and hospitality building such as lobbies, gyms and similar spaces
servicing the primary use may occupy the ground floor storefront as
long as it complies with the active edge requirements.
| |||||||
(1)
(2)
(3)
Stoop Frontage FR-3. Stoop Frontage FR-3 is defining residential
frontages with elevated entrance. First stair raiser can be placed
at BTL, and the ground plane within the BTZ can be hardscape continuation
of sidewalk or landscaped (e.g., rain gardens).
 |
 |
(4)
Porch FR-4. Storefront Frontages FR-4 are standards for frontages
where storefronts are permitted but not required.
 |
 |
(5)
Lightwell Frontage FR-5. Lightwell Frontage FR-5 provides for
a below-grade entrance and recess designed to allow light into basements.
First stair raiser can be placed at build-to line.
 |
 |
(6)
Forecourt Frontage FR-6. Forecourt Frontage FR-6 defines a frontage
with a wider build-to zone allowing for landscaped areas and bioretention
gardens.
 |
 |
(7)
Mid-block Frontage FR-7. Mid-block Frontage FR-7 defines a frontage
facing C Streets.
 |
D.
Edging element standards. The following edging elements are permitted
as provided in the table below:
|
Edging Elements
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Frontage Types
|
Low Wall
|
Raised Edge
|
Stairs
|
Ornamental Fence
|
Privacy Fence
|
Planters
|
Landscaped Edge
| |
|
EE-1
|
EE-2
|
EE-3
|
EE-4
|
EE-5
|
EE-6
|
EE-7
| ||
|
Storefront
|
FR-1
|
P
|
P
|
X
|
P
|
X
|
P
|
P
|
|
Urban
|
FR-2
|
P
|
P
|
P
|
P
|
X
|
P
|
P
|
|
Stoop
|
FR-3
|
P
|
P
|
P
|
P
|
X
|
P
|
P
|
|
Porch
|
FR-4
|
P
|
P
|
P
|
P
|
X
|
X
|
P
|
|
Lightwell
|
FR-5
|
P*
|
P*
|
P*
|
P
|
X
|
X
|
X
|
|
Forecourt
|
FR-6
|
P
|
P
|
P
|
P
|
X
|
P
|
P
|
|
Service
|
FR-7
|
P
|
P
|
P
|
P
|
P**
|
P
|
P
|
(1)
Low Wall EE-1: masonry wall, maximum 24 inches in height (brick,
concrete, stone).
 |
(2)
Raised Edge EE-2: The intent is to separate areas with different
intensity of use with up to 24 inches of difference in floor planes.
 |
(3)
Stairs EE-3: The intent is to separate areas with different
intensity of use with up to 24 inches of difference in floor planes.
 |
(4)
Ornamental Fence EE-4: a transparent ornamental fence, not chain
link, with a maximum height of 42 inches.
 |
(5)
Privacy Fence EE-5: a privacy fence with a maximum height of
six feet.
 |
(6)
Planters EE-6: planters no higher than 42 inches in height.
 |
(7)
Landscaped Edge EE-7: a landscaped edge of flowers, plants or
a hedge.
 |
F.
Terminating vistas.
(1)
A vista termination shall be achieved by a building, a structure
or portion of a building or structure, specifically designed to visually
attract a viewers's attention at the end of a visual axis.
(2)
Terminating vistas shall be located to terminate a view created
by the center line of a street or civic space. When building facades
terminate a vista, they shall be designed to have a significant architectural
feature located on axis with the vista.
 |
G.
Building height.
(1)
Minimum building height shall be three stories and minimum street
wall height shall be 30 feet in DO-1, DO-2, and DO-3 Districts and
minimum building height shall be two stories and minimum street wall
height shall be 20 feet in DO-4 Districts.
(2)
Height exceptions.
(a)
Open railings, planters, skylights, church steeples, greenhouses,
parapets, and firewalls may extend up to four feet above the maximum
height limit with unlimited rooftop coverage.
(b)
Solar collectors may extend up to seven feet above the maximum
height limit, with unlimited rooftop coverage.
(c)
The following structures may extend up to 15 feet above the
maximum height limit, as long as the combined total coverage of all
features listed in this subsection does not exceed 20% of the roof
area or 25% of the roof area if the total includes:
[1]
"Green" energy production or reduction equipment (e.g., solar
collectors, wind turbines, solar hot water systems).
[2]
Stair and elevator penthouses.
[3]
Mechanical equipment.
[4]
Greenhouses, urban agriculture structures, and solariums.
[5]
Play equipment and open-mesh fencing that encloses it, as long
as fencing is at least 15 feet from the roof edge.
[6]
Minor communication utilities and accessory communication devices.
[7]
Cupolas and church steeples.
(d)
Greenhouses that are dedicated to food production are permitted
to extend 15 feet above applicable height limit as long as the combined
total coverage of all features gaining additional height does not
exceed 50% of the roof area. The combined total coverage may be increased
to 65%, provided that all mechanical equipment is screened and that
no rooftop features are located closer than 10 feet to the roof edge.
H.
Projections and encroachments.
(1)
Building projections such as bay windows or balconies shall
be permitted to encroach into a front, side or rear yard setback,
or across a build-to line provided that:
(a)
Structural encroachments shall provide a minimum of 14 feet
of clearance over a public sidewalk or right-of-way.
(b)
Architectural encroachments such as cornices or canopies that
are not occupied space shall provide a minimum of 10 feet of clearance
over a public sidewalk or right-of-way.
(c)
Projections shall not be included in the calculation of building
or impervious coverage.
(d)
Signs, awnings, overhangs and similar elements, if determined
by the DAB to be consistent with the regulations and intent of the
frontages, may encroach beyond a build-to line.
I.
Parking requirements.
(2)
Parking location. At- or above-grade parking shall be located
30 feet from A and B Streets. Exact location of parking will be determined
during site plan review with the DAB/Planning Board and the applicable
parking agency designated by the Village Board.
(3)
The DAB and Planning Board shall work with the applicant to
ensure that as much as possible of any new parking is available for
shared or public use.
(4)
The parking requirements in Subsection I(1) above may be reduced or increased if the applicant can so demonstrate, based on the projected operational characteristics of the use and its need for parking, a study of parking demand for similar uses in similar locations, and/or shared-use parking.
(5)
Where parking will be provided off site, the applicant shall
pay a fee in-lieu to the applicable parking agency according to a
fee schedule established by the Village Board.
J.
Sustainable development standards. The minimum required sustainable
development requirements shall be achieved through demonstrating equivalency
of a minimum requirement to attain a status of a LEED ND Certified
(40-49 points). Where the requirements provided in the DOZ article
are more stringent than LEED ND standards, then the standards provided
in the DOZ article shall prevail.
(1)
Reduce impacts to water resources.
(a)
The following minimum requirements for building water efficiency
shall be met:
[1]
Indoor water use in new buildings and buildings undergoing major
renovations as part of the project must, on average, use 20% less
water than baseline buildings. The baseline shall meet the requirements
of the Energy Policy Act of 1992 and subsequent rulings by the Department
of Energy, requirements of the Energy Policy Act of 2005, and the
plumbing code requirements as stated in the 2006 editions of the Uniform
Plumbing Code or International Plumbing Code as to fixture performance.
Calculations are based on estimated occupant usage and shall include
only the following fixtures and fixture fittings (as applicable to
the project scope): water closets, urinals, lavatory faucets, showers,
kitchen sink faucets and prerinse spray valves.
[2]
The water efficiency threshold shall be calculated as a weighted
average of water usage for the buildings constructed as part of the
project based on their conditioned space square footage.
|
Figure 210.J, Table of Building Water Efficiency Baselines
| |
|---|---|
|
National Efficiency Baselines for Commercial Water-Using
Fixtures, Fittings and Appliances*
| |
|
Fixtures, Fittings and Appliances
|
Current Baseline
|
|
Commercial toilets
|
1.6 gpf2; except blowout fixtures:
3.5 gpf
|
|
Commercial urinals
|
1.0 gpf
|
|
Commercial lavatory (restroom) faucets
|
2.2 gpm at 60 psi - private applications only (hotel-motel guest
rooms)
|
|
0.5 gpm at 60 psi3 all others except
private applications
| |
|
0.25 gallon per cycle for metering faucets
| |
|
Commercial prerinse spray valves (for food service applications)
|
Flow rate < 1.6 gpm (no pressure specified;
no performance requirement)
|
|
National Efficiency Baselines for Residential Water-Using
Fixtures, Fittings and Appliances*
| |
|
Residential toilets
|
1.6 gpf4
|
|
Residential lavatory (bathroom) faucets
|
2.2 gpm at 60 psi
|
|
Residential kitchen faucet
| |
|
Residential showerheads
|
2.5 gpm at 80 psi per shower stall5
|
|
NOTES:
|
|---|
|
* Adapted from information developed and summarized by the U.S.
EPA Office of Water.
|
|
2EPAct 1992 standard for toilets
applies to both commercial and residential models.
|
|
3In addition to EPAct requirements,
the American Society of Mechanical Engineers standard for public lavatory
faucets is 0.5 gpm at 60 psi (ASME A112.18.1-2005). This maximum has
been incorporated into the national Uniform Plumbing Code and the
International Plumbing Code.
|
|
4EPAct 1992 standard for toilets
applies to both commercial and residential models.
|
|
5Residential shower compartment (stall)
in dwelling units: The total allowable flow rate from all flowing
showerheads at any given time, including rain systems, waterfalls,
bodysprays, bodyspas, and jets, shall be limited to the allowable
showerhead flow rate as specified above (2.5 gpm) per shower compartment,
where the floor area of the shower compartment is less than 2,500
square inches. For each increment of 2,500 square inches of floor
area thereafter or part thereof, an additional showerhead with total
allowable flow rate from all flowing devices equal to or less than
the allowable flow rate as specified above shall be allowed. Exception:
Showers that emit recirculated nonpotable water originating from within
the shower compartment while operating are allowed to exceed the maximum
as long as the total potable water flow does not exceed the flow rate
as specified above.
|
(2)
Reduce outdoor potable water consumption.
(a)
The following minimum requirements for a water-efficient landscaping
must be met:
[1]
Reduce potable water consumption for outdoor landscape irrigation
by 50% from a calculated midsummer baseline case. Reductions may be
attributed to any combination of the following items, among others:
[a]
Plant species, density and microclimate factor.
[b]
Irrigation efficiency.
[c]
Use of captured rainwater.
[d]
Use of recycled wastewater.
[e]
Use of water treated and conveyed specifically
for nonpotable uses.
[f]
Use of other nonpotable water sources such as stormwater,
air-conditioning condensate, and foundation drain water.
(3)
Heat island reduction.
(a)
Minimum requirement for heat island reduction shall be achieved
through any combination of the following strategies for 50% of the
nonroof site hardscape (including sidewalks, courtyards, parking lots,
parking structures, and driveways), with exception of a civic space
approved as a piazza:
(b)
Use roofing materials that have a SRI equal to or greater than
the values in the table below for a minimum of 75% of the roof area
surface of all new buildings within the project; or install a vegetated
("green") roof for at least 50% of the roof area of all new buildings
within the project. Combinations of SRI-compliant and vegetated roof
can be used, provided that they collectively cover 75% of the roof
area of all new buildings.
|
Roof Type
|
Slope
|
SRI
| |
|---|---|---|---|
|
Low - Sloped Roof
|
< 2:12
|
78
| |
|
Steep - Sloped Roof
|
> 2:12
|
29
|
K.
Bicycle parking requirements.
(1)
Provide bicycle parking and storage capacity according to the
following:
(a)
Multiunit residential. Provide at least 0.5 bicycle storage
space per unit. Provide secure visitor bicycle racks on site, with
at least one bicycle space per 10 dwelling units but no fewer than
four spaces per project site.
(b)
Retail. Provide at least one secure, enclosed bicycle storage
space per retail worker for 10% of retail worker planned occupancy.
Provide visitor/customer bicycle racks on site, with at least one
bicycle space per 5,000 square feet of retail space, but no fewer
than one bicycle space per business or four bicycle spaces per project
site, whichever is greater. Provide at least one on-site shower with
changing facility for any development with 100 or more planned workers
and at least one additional on-site shower with changing facility
for every 150 planned workers thereafter.
(c)
Nonresidential other than retail. Provide at least one secure,
enclosed bicycle storage space per occupant for 10% of planned occupancy.
Provide visitor bicycle racks on site with at least one bicycle space
per 10,000 square feet of commercial nonretail space but not fewer
than four bicycle spaces per building.
L.
Sign regulations. Signs in the DO-1, DO-2, and DO-3 Districts which are located on properties whose owners have elected to proceed under this DOZ shall comply with the requirements of Chapter 113 of the Village Code, subject to the following exceptions:
(1)
Wherever the Board of Zoning Appeals is authorized to issue a permit under Chapter 113, the permitting body shall instead be the Planning Board, acting with the advice of the DAB. This shall not apply to area variances for signs, which shall remain within the jurisdiction of the Board of Zoning Appeals. When acting on an application for an area variance for a sign, the Board of Zoning Appeals shall consult with the DAB prior to issuing its decision and is encouraged to take into account the goals and objectives of this article in considering the character of the neighborhood.
(2)
Off-premises signs (also known as "billboard signs") shall be permitted by special permit issued by the Planning Board pursuant to § 139-213J. The maximum area of such signs shall be 200 square feet. In issuing an approval for such a sign, the Planning Board may require that it be smaller than 200 square feet. The review criteria in the case of a special permit for a billboard sign shall include a finding that the proposed sign does not detract from the pedestrian-oriented walkable character of the DOZ. The Planning Board shall not be required to find that the sign will have architectural merit or that it will enhance the pedestrian-oriented walkable character of the DOZ.
(3)
The DAB may recommend, and the Planning Board may adopt, a sign
design manual to provide guidance to property owners, the Planning
Board, and the Board of Zoning Appeals among others to assure that
signage in the DOZ is consistent with the desired character of the
DOZ as described in the Comprehensive Plan and this article.
M.
Downtown incentive bonuses.
(1)
Two types of downtown
incentive bonus are available to applicants, DIB1 and DIB2. The DIB2
bonus provides a higher level of yield than the DIB1 bonus but contains
more restrictive requirements. In order to achieve a DIB, a landowner
must control a larger minimum lot size, additional site frontage and
meet stricter sustainable development standards.
(2)
Downtown Incentive Bonus 1 (DIB1). DIB1 applies to all four
overlay districts. In DO-1, DO-2 and DO-3 a bonus is available to
increase building height to five stories. In DO-4 a bonus is available
to increase building height to 3 1/2 stories. The minimum lot
size is 15,000 square feet. The minimum site frontage is 150 linear
feet.
(3)
Downtown Incentive Bonus 2 (DIB2). DIB2 applies to only DO-1,
DO-2 and DO-3. In DO-1 and DO-2 a bonus is available to increase building
height to 120 feet. In DO-3 a bonus is available to increase building
height 85 feet. The DIB2 minimum lot size is 60,000 square feet. The
minimum site frontage is 300 linear feet.
(4)
Sustainable development requirements for bonuses. In order to
provide more sustainable development, green development requirements
are increased for applicants trying to achieve a bonus.
(a)
Minimum sustainable development requirements for DIB1.
(b)
Minimum sustainable development requirements for DIB2.
[1]
The additional DIB2 level of density can be gained by projects
achieving an equivalent of a LEED ND Silver rating.
[2]
To achieve DIB2 level of density, indoor water use in new buildings
and buildings undergoing major renovations as part of the project
must, on average, use 20% less water than baseline buildings.
[3]
Provide three-percent car sharing.
[4]
Provide five-percent bicycle sharing.
The Village Board may adopt, based upon a favorable recommendation
by the DAB, and Planning Board, an architectural and landscape design
manual for use in the DOZ.
In accordance with the Master Developer Agreement between the
Village and the Master Developer dated February 9, 2012, all residential
development within the DOZ that is approved under this article shall
comply with the following. A minimum of 10% of the total number of
housing units constructed shall be sold or leased to purchasers or
renters presently living in the Village of Hempstead and earning no
more than 80% to 130% of the median gross income for the Village of
Hempstead as adjusted from time to time (the "AMI"). However, if after
six months of the earlier of either i) the offering of residential
units for sale or lease; or ii) the receipt of a certificate of occupancy,
Village residents have not signed leases or term sheets to lease or
purchase the units, then the applicant shall make the remaining units
available to purchasers or renters located outside the Village of
Hempstead earning no more than 80% to 30% of the area's median gross
income for Nassau County, New York MSA, in accordance with the Internal
Revenue Code of 1986.
A.
Establishment of Downtown Advisory Board.
(1)
The Village of Hempstead hereby establishes a "Downtown Advisory
Board" (hereinafter "DAB") to oversee the implementation of this article.
The DAB shall consist of five members, as follows:
(2)
The Chairperson of the DAB shall be selected by a majority of
its members.
(3)
All meetings of the DAB shall be held at the call of the Chairperson
and at such other times as the DAB may determine.
(4)
Any member of the DAB may send a designee from such member's
organization or agency, with full power to act.[1]
[1]
Editor's Note: Former Subsection A(5), providing that a representative
of the Master Developer shall sit with the DAB, which immediately
followed, was repealed 5-16-2023 by L.L. No. 1-2023.
B.
Professional Advisory Team (PAT). The DAB shall retain expert consultants (the PAT) as deemed necessary for the purpose of reviewing development proposals within the DOZ. The consultants' fees shall be paid by the Village and reimbursed by individual applicants pursuant to the fee schedule described in § 139-213K below. The Board of Trustees my provide for compensation to be paid to administrative personnel and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Board of Trustees for such purpose.
C.
Role of the DAB.
(1)
The DAB shall, with assistance from the PAT, review all applications
submitted under this article, as well as all applications submitted
to the Board of Zoning Appeals within the DOZ, and shall make recommendations
to approve, approve with modifications, or deny applications based
upon the provisions of this article. The DAB and PAT shall have no
power to approve or deny applications, but shall work informally with
applicants and Village officials to assist and advise all participants
in the planning and development approval process in complying with
this article.
(2)
The DAB shall encourage redevelopment of the Village of Hempstead's
downtown by providing an expedited and coordinated review of development
proposals prior to formal submission to the Planning Board, thereby
reducing the length and uncertainty normally associated with submitting
applications using the underlying zoning.
(3)
The DAB shall exert its best efforts to:
(a)
Provide the applicant an expedited review process.
(b)
Ensure the applicant's compliance with DOZ requirements, including
submission requirements and compliance with DOZ development standards.
(c)
Review DOZ incentives with applicants.
(d)
Review and clarify DOZ application procedures with applicants.
(e)
Review the applicability of the community benefits policies
and any project labor agreement with applicants.
(f)
Ensure coordination with other entities responsible for downtown
civic space, parking, and other public improvements.
D.
Preapplication review process for the DOZ.
(1)
Initial meeting with Building Department. A potential applicant for development or use of land using this article shall initiate the process by meeting informally, free of charge, with the Building Department at any time during normal business hours on a walk-in basis or by appointment. The purpose of this meeting is to obtain information about the process and requirements for approval of a project under this article. Potential applicants will receive instruction sheets and forms outlining the materials to be prepared for Presubmission Conference No. 1 as well as for the steps that follow in the preapplication and application process. The Building Department will answer questions, including questions about the differences between this article and underlying zoning. Potential applicants with small properties will be encouraged to work with other property owners and/or the Master Developer to form property owner alliances for joint applications. If the potential applicant elects to proceed with an application, the next step is a presubmission conference [see Subsection D(2) below].
(2)
Presubmission Conference No. 1. Presubmission Conference No. 1 is mandatory for all applicants who have chosen to continue in this process, and shall be held with the PAT, with optional attendance by representatives of the Planning Board, Building Department, and/or Community Development Agency. This presubmission conference shall be held by appointment. The applicant must normally sign up two weeks in advance and provide information listed in the instruction sheet provided at the initial contact meeting. The fee for this meeting will be set by the Village Board in a fee schedule established under § 139-213K, which fee shall include an application fee towards the administrative costs of the Village of Hempstead Planning Board, Building Department, and/or Community Development Agency incurred in connection with such agencies' information gathering, review and processing of the application for and implementation of the proposed development in the DOZ, including, without limitation, the costs of administering the various Village DOZ special and escrow accounts maintained by the Village of Hempstead in accordance with § 139-213K or pursuant to any community benefits agreements or other agreements relating to development in the DOZ. The purpose of this meeting is to enable the applicant to prepare an approvable site plan and/or subdivision application by giving detailed technical advice on development standards, procedures, incentives, and application requirements. The applicant shall present an initial sketch of the proposal including relevant information described in the instruction sheet.
[Amended 5-16-2023 by L.L. No. 1-2023]
(3)
Presubmission Conference No. 2. Presubmission Conference No. 2 is likewise mandatory, and shall be held by appointment with the PAT and the DAB. The applicant must normally sign up two weeks in advance and provide information listed in the instruction sheet provided at the initial contact meeting. The fee for this meeting will be set by the Village Board in a fee schedule established under § 139-213K. The amount of this fee will depend on scale and size of project. The purpose of this meeting is to have an in-depth discussion of the applicant's proposal and to advise the applicant as to what must be shown on the full application to the Planning Board, including all submission requirements, required improvements, required parking and civic spaces and/or fees in lieu thereof, required affordable housing, SEQRA requirements, special permit requirements (if any) and required compliance with the community benefits policies. The submission requirements for this conference shall be specified in the instruction sheet issued in prior meetings and may be modified by the DAB and PAT as appropriate to the project. Such submission will typically include a conceptual site plan that shows proposed uses, location, footprint, and height of proposed buildings and accessory buildings, a sketch of facades of all buildings that face streets and public civic spaces, as well as civic space areas, setback areas, and parking areas, as well as a vicinity map with sufficient detail to show the immediate context of the proposed development and all surrounding properties within a radius of 500 feet. If the applicant believes that the provision of public and/or semipublic civic spaces on site is not feasible or necessary for compliance with this article, the applicant shall explain the reasons and shall discuss with the PAT and the DAB the payment of a fee-in-lieu and possible off-site locations where civic space may be provided using such fee-in-lieu to enhance the applicant's property and the neighborhood.
(4)
Submission of full application to the Planning Board. The applicant
shall prepare a detailed site plan and/or subdivision application
containing all information requested by the PAT and DAB in Presubmission
Conference No 2. If a special permit is required, an application for
the special permit shall also be submitted at the same time. A review
fee for the site plan (and special permit, if applicable) shall also
be submitted, as required by the fee schedule adopted by the Village
Board of Trustees. The PAT and DAB shall determine whether, in their
judgment, the proposal complies with this article's development standards,
street standards, and civic space standards, and whether any special
permit requested should be granted under applicable special permit
standards. The application shall be reviewed by the PAT and DAB, which
shall either: a) send it back to the applicant with instructions to
make changes and/or supply more information; or b) if it is ready
for Planning Board review, forward the application to the Planning
Board with its recommendations for approval or approval with modifications
or conditions. The applicant may choose to proceed to Planning Board
review without recommendation of the DAB.
E.
Planning Board review.
(1)
The Planning Board shall initiate the SEQRA process and review the application materials, along with the DAB recommendations, within 15 days of receiving the materials. If the application involves a special permit or a subdivision, the Planning Board shall hold a public hearing pursuant to the provisions of § 8-6.1 of the Village Code within 20 days of receiving the application. No public hearing shall be required if the application is only for site plan approval, unless same is required pursuant to SEQRA.
(2)
If a public hearing is required, it shall be held within 30
days from the time the DAB recommends and the Planning Board determines
that the application is complete. The Secretary of the Planning Board
shall mail notice of the hearing to the applicant at least 10 days
before such hearing, and shall cause the hearing to be advertised
at least five days prior to the scheduled date in a newspaper of general
circulation in the Village. The Planning Board shall comply with all
other applicable provisions of Village Law §§ 7-725-b
and 7-728 with respect to public hearings for special use permits
and subdivisions.
F.
Planning Board action.
(1)
Within 20 days after the close of the public hearing, if one
is held, the Planning Board shall render a written decision, which
approves, conditionally approves, or disapproves the application and
authorizes the signing of the site plan or subdivision plat if it
is approved. This time period may be extended upon the mutual consent
of the Planning Board and the applicant, or as may be required under
SEQRA.
(2)
If no hearing is held, the Planning Board shall, within 30 days
of the meeting at which it reviews an application, render a written
decision and authorize with or without conditions the signing of an
approved site plan or subdivision plat. This time period may be extended
by mutual consent of the Planning Board and the applicant, or as may
be required under SEQRA.
(3)
Every decision of the Planning Board with respect to a site
plan or subdivision shall immediately be filed in the office of the
Village Clerk, and the Building Department.
(4)
After recommendation of the DAB, the Planning Board may waive, to the extent permitted under New York Law, any requirements for site plan approval under § 139-208. Any such waiver, which shall only be granted upon a finding that it is justified by site conditions and will be consistent with the purposes of the DOZ, shall include appropriate conditions designed to preserve the intent of the DOZ. Waivers may only be granted if the Planning Board further finds that the requirements waived are not necessary for public health, safety or general welfare or are inappropriate to a particular site plan.
(5)
Upon approval or approval with modifications, the Secretary
of the Planning Board shall mail to the applicant a copy of the written
decision of the Planning Board.
(6)
Upon approval or approval with modifications, the Planning Board
shall endorse a copy of the site plan or subdivision and forward it
to the Superintendent of Buildings, who shall then issue the appropriate
permit if the project conforms to all other applicable requirements.
(7)
If an application is denied, the Planning Board shall so inform
the Superintendent of Buildings, who shall not issue a building permit
or certificate of occupancy or of completion. The Secretary to the
Planning Board shall also mail to the applicant a copy of the written
decision of the Planning Board and its reasons for disapproval. A
copy of the appropriate minutes may suffice for this notice.
(8)
All mailings shall be by ordinary first-class mail to the applicant
and his/her attorney, if any, at the address given by the applicant
on the application form.
(9)
Specifications for all improvements shown on the site plan or
subdivision shall be those set forth in this article and in other
local laws, rules and regulations or in construction specifications
of the Village of Hempstead.
(10)
The Planning Board may not require, as a condition of approval,
that the applicant dedicate civic space to the Village. The Planning
Board may require that an area designated as civic space be reserved
as undeveloped or that, in lieu of such reservation, the applicant
pay a fee in lieu of providing civic space.
G.
Submission requirements. The information required to be submitted
with an application in the DOZ shall be determined in the course of
preapplication conferences 1 and 2 based upon the size, scale, and
type of project and the requirements of this article and other applicable
laws and regulations. The PAT and DAB will make best efforts to ensure
that applicants are required to submit only information necessary
for an informed review of an application, including compliance with
SEQRA, to ensure that the application receives an expedited review
and that it complies with all requirements of this article.
H.
Site plan amendments. Proposed amendments to site plans shall be
presented first to the DAB, which shall determine whether they will
require a presubmission conference and review and approval by the
Planning Board (for major amendments) or an expedited review, involving
one presubmission conference, and administrative approval by the Superintendent
of Buildings (for minor amendments). The Planning Board may establish
and adopt criteria for determining the degree of change to a site
plan that triggers the need for a new application and full approval
process.
I.
Special permits. Those uses which are specifically authorized to be granted by special permit by this article may be allowed by a majority vote of the Planning Board pursuant to § 7-725-b of the Village Law, after a favorable recommendation is received from the DAB and a hearing is held pursuant to Subsection E above. Special permits shall be granted only upon a finding by the Planning Board that the requested use is consistent with the intent and purposes of this article and with the Comprehensive Plan Update, complies with all applicable standards, and will enhance the pedestrian-oriented walkable character of the DOZ.
J.
Variances. Variances from the provisions of this article may be granted
by the Board of Zoning Appeals pursuant to the statutory requirement
in §§ 7-712, 7-712-a, and 7-712-b of the Village Law
of New York State. All variance applications shall be referred to
the DAB for an opinion on the effect of a proposed variance on the
DOZ and the objectives of this article, as well as on the statutory
standards for variances contained in § 7-712-b of the Village
Law. The DAB shall have 30 days to comment in writing upon such referral,
and its failure to comment shall not be construed as an endorsement
of the variance application. When an area variance application is
referred to the DAB, the DAB shall specifically address whether or
not the proposed variance will produce an undesirable change to the
desired walkable and pedestrian-friendly neighborhood character to
be created by this article. If the decision by the Board of Zoning
Appeals under this subsection does not follow the DAB's recommendations,
it shall contain written findings explaining the planning and design
rationale for its decision. Any area variance may be granted without
the need for a denial by the Superintendent of Buildings, in the course
of site plan approval, as provided in § 7-725-a of the Village
Law.
K.
Fees. All fees referenced in this article shall be charged according to a fee schedule adopted by resolution of the Village Board of Trustees, as amended from time to time by resolution of the Village Board of Trustees. Such fees shall be paid to the Village of Hempstead for deposit in a Village DOZ special account or accounts, which shall be segregated from other Village funds and shall be used exclusively in connection with project reviews and construction of public improvements within the DOZ. Recreation fees charged in connection with residential development shall be charged if authorized pursuant to § 8-6B of the Village Code in the same manner as would apply to any residential development in the Village. The Planning Board may deem the provision of on-site civic space to satisfy § 8-6B if such civic space is available for recreational purposes. The Village Board may establish a procedure for placing review funds received from applicants in an escrow account to ensure the availability of expedited professional review services.
[Amended 5-16-2023 by L.L. No. 1-2023]
L.
Duration of approvals. All development proposals approved under this
article shall remain valid for a period of two years from the date
of site plan approval and an applicant shall obtain necessary building
permits and other approvals from permitting agencies and commence
construction within such time period. Such approvals shall expire
after two years unless the applicant can show good cause for its failure
to obtain a building permit and commence construction, in which case
an extension of up to one year may be granted by the Planning Board.
If construction is suspended for a period greater than six months,
the applicant shall provide an explanation to the Planning Board which
shall be empowered to revoke the approval if such suspension is not
found to be for good cause.
A.
Purpose and effect. The purpose of the DO-4 Overlay District is to
enlarge the range of permitted uses in the underlying zoning by allowing
certain low-impact uses by right and by allowing residential townhouse
and live-work uses to occur by special permit.
B.
Uses allowed by right. In addition to all uses allowed in the underlying zoning districts, land in the DO-4 District may also be used for the uses listed below, as a primary or accessory use. Such uses may be instituted upon site plan approval by the Planning Board, following recommendation of the DAB, as provided in § 139-213. Unlike the DO-1, DO-2, and DO-3 Districts, a landowner in the DO-4 does not need to make an election to opt into provisions of this article exclusively in order to take advantage of the DO-4 allowed uses. A landowner or lessee may undertake the uses shown in § 139-210A on the same site as other uses permitted by the underlying zoning.
C.
Residential and live-work units.
(1)
A landowner in the DO-4 District may apply for a special permit pursuant to § 139-213I for all or a portion of a parcel for residential or live-work uses.
(2)
An application for a special permit for residential and live-work uses shall be submitted initially to the DAB for discussion using the process described in § 139-213, after which it shall be submitted to the Planning Board for site plan approval. A maximum of 383 residential and/or live-work units may be approved in the entire DO-4 District. Such units may only be located on land that is zoned Business B in the underlying zoning.
(3)
Each application submitted under this Subsection C shall undergo its own separate SEQRA review. However, the FSEIS prepared for the entire DOZ may be taken into consideration when evaluating the impacts of individual projects submitted hereunder.
(4)
Once the maximum number of residential and live-work units allowed
have been permitted under this subsection, no more special permits
may be granted unless the Village Board amends this overlay zone provision
to increase the maximum number of units.
A.
In accordance with the State Environmental Quality Review Act (SEQRA)
and the regulation issued thereunder, the Village Board of Trustees
has accepted and approved a draft and final supplemental generic environmental
impact statement (SGEIS) and a findings statement which analyze the
potential environmental impacts of adoption of this DOZ. The findings
statement, summarizes the Village Board's findings on these potential
impacts and establishes conditions and thresholds for development
under this article and the extent to which further SEQRA review may
be required for site-specific impacts of projects to be built under
the terms of this article.
B.
The findings statement includes conditions and thresholds for the
entire DOZ. All development within the DOZ that is subject to SEQRA
shall comply with the conditions and thresholds in the findings statement.
To ensure the fulfillment of the community benefit goals of the Village, all development within the DO-2 that is approved under this article shall comply with the requirements of any adopted community benefits policies as of the date that such policies have been adopted or modified by resolution of the Village Board. These policies may include: a construction jobs policy, an operations jobs policy, and a local contracting policy (collectively, "the community benefits policies"). No building permit may be issued under this article until the community benefits policies have been adopted and are in effect. Compliance with the terms of these policies shall be made a condition of any site plan approval within the DOZ after adoption of such policies, and such compliance shall be monitored and enforced as set forth in the community benefits policies and as conditions of approval of a site plan under this chapter. Where such conditions have been imposed on site plan approvals, no building permit, certificate of occupancy, or business license or business license renewal shall be issued unless the applicant has demonstrated compliance with these policies. In furtherance of the objectives of this § 139-216, applicants who receive site plan approval under this Article XXVI shall pay a fee, determined by the Village Board, in support of a jobs and business referral center and oversight committee to be established by the Village Board to monitor, implement and enforce the community benefits policies.
This article may be amended as provided in Article XXI of this chapter of the Village Code. Prior to adopting an amendment, the Village Board of Trustees shall refer such proposed amendment to the DAB for comment. If the DAB does not comment within 30 days of such referral, the Village Board may enact the amendment without receiving such comment. In the event that the Village Board does not follow the recommendation of the DAB, it shall provide a written statement of its reasons in the resolution of adoption of the amendment. All such amendments shall be consistent with the Comprehensive Plan and the final generic supplemental environmental impact statement.
A.
Inspection. In order to determine compliance with this article, the
Superintendent of Buildings is authorized, to the extent permitted
by law, to enter, inspect, and examine any building, structure, place,
premises, or use within the DOZ. Such entry and inspection may only
be with the permission of the landowner or lessee, except where there
is probable cause to believe that a violation exists, in which case
all legally required procedures shall be followed to fulfill the Village's
inspection responsibilities.
B.
Notice of violation.
(1)
Upon finding any construction, improvements, or uses to be in
violation of this article, the Superintendent of Buildings shall transmit
a written notice of violation describing the alleged violation, by
certified mail, to the owner and tenants of the property upon which
the alleged violation occurs, with a copy to the Village Board. The
notice of violation shall require an answer or correction of the alleged
violation to the satisfaction of the Superintendent of Buildings within
30 days. The notice shall state that failure to reply or to correct
the alleged violation to the satisfaction of the Superintendent of
Buildings within the time limit constitutes admission of a violation
of this article. The notice shall further state that, upon request
of those to whom it is directed, technical determinations of the nature
and extent of the violation as alleged will be made, and that, if
a violation as alleged is found, costs of the determinations will
be charged against those responsible, in addition to such other penalties
as may be appropriate, and that, if it is determined that no violation
exists, costs of determination will be borne by the Village.
(2)
If, within the time limit set, there is no reply, but the alleged
violation is corrected to the satisfaction of the Superintendent of
Buildings, the notation "violation corrected" shall be made on the
Superintendent of Buildings' copy of the notice.
(3)
If there is no reply within the time limit set (thus establishing admission of a violation of this article) and the alleged violation is not corrected to the satisfaction of the Superintendent of Buildings within the time limit set, the Superintendent of Buildings shall take action in accordance with Subsection C.
(4)
A permanent record of all notices of violation and their disposition
shall be kept in the offices of the Superintendent of Buildings.
(5)
In the event that the Superintendent of Buildings finds violations
of both this article and any other chapter, article, or section of
the Village Code on the same property, the Superintendent of Buildings
may issue one notice of violation under all applicable provisions
of the Village Code.
(6)
A violation of any condition of approval under this article
shall be deemed a violation of this article.
C.
Abatement of violations. The Superintendent of Buildings or the Village
Board may issue a stop-work or cease-and-desist order and/or institute
an appropriate legal action or proceeding to prevent, restrain, correct,
or abate any violation of this article, to prevent the occupancy of
premises, or to prevent any activity, business, or use that violates
this article. Such legal action may include the issuance of an appearance
ticket pursuant to the Criminal Procedure Law § 150.20.
D.
Penalties.
(1)
A violation of this article is an offense punishable by fine
not exceeding $500, or imprisonment for a period not to exceed 15
days, or both for conviction of a first offense. Conviction of a second
offense, committed within five years of the first offense, is punishable
by a fine not less than $500 nor more than $1,500 or imprisonment
for a period not to exceed 15 days, or both. Conviction of a third
or subsequent offense committed within a period of five years is punishable
by a fine of not less than $1,000 nor more than $2,000, or imprisonment
for a period not to exceed 15 days, or both. Each week's continued
violation shall constitute a separate additional violation. A violation
which creates an imminent hazard to health and safety shall be punishable
by the same fine as above, as well as by imprisonment for a period
not to exceed six months per violation.
[Amended 7-7-2020 by L.L. No. 3-2020]
(2)
In addition, any violation of this article shall be punishable
by a civil penalty of not more than $2,000 for every such violation.
Such civil penalty may be recovered in an action brought by the Village
of Hempstead in any court of competent jurisdiction. In the event
the penalty sought is within the monetary jurisdiction of the justice
court, as established in Article 18 of the Uniform Justice Court Act,
such action to recover such penalty may, as shall be determined by
the attorney representing the Village, be commenced as a small claim
pursuant to the provisions of Article 18 of the Uniform Justice Court
Act. Such action may be compromised and/or settled by the Village.
Each week's continued violation shall constitute a separate additional
violation for which separate and additional civil penalties may be
imposed and recovered.
(3)
The imposition of penalties for any violation of this article shall not excuse the violation nor permit it to continue. The application of the above penalties or prosecution for a violation of any provision of this article shall not prevent the abatement of a violation pursuant to Subsection C. The expenses of the Village in enforcing such removal, including legal fees, may be chargeable (in addition to the criminal and civil penalties) to the offender, and may be recovered in a civil court of appropriate jurisdiction
(4)
To the extent that this section may conflict with § 7-714
of the Village Law, the Village Board hereby declares its intention
to supersede § 7-714 pursuant to Article 2, § 10 et seq.
of the Municipal Home Rule Law.
E.
Complaints of violations. Whenever a suspected violation of this
article occurs, any person may file a signed written complaint reporting
such violation to the Superintendent of Buildings. The Superintendent
of Buildings may also investigate any oral complaint made to his/her
office. All complaints, written or oral, shall be properly recorded,
filed, and promptly investigated by the Superintendent of Buildings,
and reported to the Village Board.
F.
Accountability. For every violation of the provisions of this article,
the owner, agent, contractor, lessee, ground lessee, tenant, licensee,
or any other person who commits, takes part, or assists in such violation
or who maintains any structures or premises in which any such violation
exists, shall be punishable according to the provisions of this article.
