[Added 11-7-2011 by L.L. No. 5-2011; amended 8-4-2014 by L.L. No. 5-2014]
Upon review and consideration of expert analysis, studies and reports, the Board of Trustees of the Village of Farmingdale ("Board") has determined that it is in furtherance of the health, safety and general welfare of the Village and its residents to enhance and revitalize the Village downtown and that various changes are necessary to do so. In connection with its study of revitalizing the downtown, the Village has developed a proposed downtown master plan: "Downtown Farmingdale 2035: A Downtown Master Plan" ("Downtown Plan"). The Downtown Plan identifies various existing conditions which stand in the way of a revitalization of the downtown and calls for the implementation of various actions to encourage and facilitate the creation of such a downtown. The Board finds that the creation of a Downtown Mixed-Use ("D-MU") Zoning District is necessary to create and sustain a vibrant, attractive and economically flourishing downtown. The Board finds that transit-oriented development ("TOD") at the Long Island Railroad ("LIRR") train station with a strong and intentional connection to Main Street, as well as an active, pedestrian-friendly Main Street, encouraging walking, bicycling and transit use, are necessary to revitalize the downtown. The Board finds that an environment which includes a mixture of commercial and residential uses, building in proximity to the train station, and encouraging greater demand on local businesses in downtown Farmingdale, to be conducive to the proper development of the downtown. It is the intent of the Board to allow for graduated densities of development in four sub-areas within the zoning district boundaries, with the greatest intensity of development permitted for areas closest to the train station. It is the Board's intention to have no more than two full stories of habitable space above the ground level. The Board finds that a pedestrian-friendly commercial area, with off-street parking located to the rear of downtown buildings and ground-floor uses on Main Street which foster pedestrian activity with restaurants, shops, and personal service establishments, providing a lively streetscape, are necessary to revitalize the downtown. The Board finds that uses that do not foster pedestrian traffic should be limited to upper floors. The Board also finds that it is important to regulate the design and architectural characteristics of development so as to encourage a neighborhood identity which promotes pedestrian activity, human interactions, safety and livability. A revitalized downtown which encourages a mix of moderate- and high-density development within walking distance of the LIRR train station will increase transit ridership; provide an alternative to traditional development by emphasizing mixed use, pedestrian-oriented development; encourage building reuse and infill to create higher densities; reduce auto dependency and roadway congestion by locating multiple destinations and trip purposes within walking distance of one another; provide a range of housing options for people of different income levels and at different stages of life; and allow the Village to take advantage of the Village's location and the new industries relocating in area of Route 110, supporting new uses, ancillary uses and housing for advancing science and technology. The Board also finds it necessary for the revitalization of the downtown the improvement, and creation, of additional open spaces for recreational activities. In order to effectuate the intent and purpose of this article, it is necessary for the Board to have the authority to waive or alter the provisions of this article, in a manner consistent with this article.
As used in this article, the following terms shall have the meanings indicated:
- ACCESSORY USE, BUILDING OR STRUCTURE
- A use, building or structure on the same plot with, and of a nature customarily incidental and subordinate to, the principal use, building or structure.
- ALTERED or ALTERATION
- Any change, addition or modification in construction or arrangement of a building or structure; or any change in use; or removal of a building or structure from one location to another.
- Any structure, or any part thereof, used or intended for supporting or sheltering any use or occupancy.
- BUILDING AREA COVERAGE
- The aggregate of the entire horizontal cross-sectional area, including projections, of the main building and accessory buildings on a plot.
- Any building or portion thereof which is used exclusively for nontransient, residential purposes and accessory uses permitted herein.
- DWELLING, MULTIFAMILY
- A building containing two or more dwelling units.
- DWELLING UNIT
- A building or portion thereof designed for occupancy by, and containing housekeeping facilities for, one family only.
- FLOOR AREA
- The sum in square feet of the areas of all floors of a building or buildings, measured from the exterior faces of exterior walls or from the center line of a party wall separating two buildings, and including cellar, basement, interior balconies and mezzanines, enclosed porches and the floor area of accessory buildings; provided that the term shall exclude the floor area of cellar, basement and penthouse areas or portions thereof where a permissible use is designated exclusively for dead storage, off-street parking facilities or utility or other equipment installed for the normal operation and maintenance of such building or buildings.
- FLOOR AREA RATIO or FAR
- The total floor area, in square feet, of a building or buildings divided by the total area, in square feet, of the plot on which the building or buildings are situated.
- GROUND LEVEL
- The average level before excavation of that portion of a plot enclosed or intended to be enclosed by the foundation of a building.
- HEIGHT OF BUILDING
- The vertical distance measured from the level of the finished adjoining ground or grade to the highest point of the roof deck in the case of flat roofs and to the mean level between the eaves and the highest point of the roof in the case of other than flat roofs. Each side of the building shall meet this requirement separately.
- A building, part of a building or a group of buildings in which sleeping accommodations are provided and used primarily for transient occupancy, in which there are also provided, on a twenty-four-hour basis, desk service, maid, telephone and bellboy service and the furnishing of linens.
- NONCONFORMING BUILDING
- Any building or structure which does not conform to the area, bulk, height, location or yard regulations prescribed for the district in which such building is situated.
- NONCONFORMING USE
- Any use of land, or of a building or structure, which use does not conform to the use regulations prescribed for the district in which such land, building or structure is situated.
- OPEN SPACE
- Land area that is open to the air not occupied by any structures and landscaped or left in its natural state. Open space shall not include walkways, driveways, parking lots or parking structures except the landscaped top of a below-grade parking structure.
- That part of any building comprised between the level of one finished floor and the level of the next higher finished floor, or if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.
- STORY, HALF
- A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story, and no more than 30% of the running plate length of each wall is dormered or used as habitable space.
- Any combination of materials forming any construction. The word "structure" shall be construed as though followed by the words "or part thereof."
- A single-family dwelling unit, constructed in a group of two or more attached units in which each unit extends from foundation to roof, and with open space on at least two sides.
- The purpose for which land or a building or structure is used, or for which either is or may be occupied or maintained.
- An open, unoccupied space on the same lot with the building, open and unobstructed from the ground to the sky, except as otherwise provided in this article.
- YARD, FRONT
- A yard extending between the side lines of the lot and lying between the front line of the lot and the nearest point of the building.
- YARD, REAR
- A yard extending between the side lines of the lot and lying between the rear line of the lot and the nearest point of the building.
- YARD, SIDE
- A yard between the side line of the lot and the nearest point of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front or rear line, as the case may be, of the lot.
In the D-MU Zoning District the following uses, and no other, shall be permitted on the ground level:
In the D-MU Zoning District the following uses, and no other, shall be permitted on the upper levels:
[Amended 1-5-2015 by L.L. No. 1-2015; 7-6-2015 by L.L. No. 6-2015; 10-5-2015 by L.L. No. 8-2015]
For all applications to the Village Board of Trustees under this section, the procedural guidelines set forth in §§ 600-221, 600-222, and 600-223 of this chapter shall be applicable. Only the following uses, and no others, may be permitted by special use permit issued by the Village Board of Trustees after a public hearing in accordance with § 600-138 of this chapter:
In the D-MU Zoning District the following uses, and no others, may be permitted on the ground floor by special use permit:
The following residential uses, and no others, may be permitted on the upper levels by special use permit:
Multifamily dwellings, provided that the ground floor of the dwelling contains only those permitted uses identified in §§ 600-127A(1) and 600-128A(1). For residential units along Main Street all entrances to the dwelling units shall be in the rear of the building. No multifamily dwelling shall be permitted unless the entire building conforms to the rules and regulations of the D-MU Zoning District. For purposes of this subsection, § 600-211 of this chapter, which prohibits residential buildings in business and industrial districts, shall not apply.
Dwelling units along Main Street, provided they are located only in the upper levels, above any of the permitted uses identified in §§ 600-127A(1) and 600-128A(1) and that suitable ingress and egress to the dwelling units are provided from the exterior and rear of the building. For purposes of this subsection, § 600-211 of this chapter shall not apply.
Dwelling units on the ground level shall be permitted by special use permit after a public hearing in accordance with § 600-138, provided that such ground level residential units do not front on Main Street and all egress/ingress to the permitted Main Street ground level residential units is situated in the rear of the building.
All dwelling units shall be subject to the additional following conditions:
Any applicant for mixed-use dwelling units shall be required to demonstrate that there is suitable and adequate means of garbage pickup, security service, fire egress, emergency access, light, maintenance service, superintendent availability and other similar matters affecting the safety and quality of life of the occupants of the dwelling units. The applicant shall also demonstrate the proper protection of existing fire egress, light, window views and accessibility of emergency services of neighboring structures. The Board shall establish and impose such conditions as it deems necessary in connection herewith; and
All applications must comply with the affordable housing requirements of the Long Island Workforce Housing Act of the New York General Municipal Law.
In an effort to protect the health, welfare and safety of the residents of all dwelling units, all owners or occupants of these dwelling units who shall rent such units shall be required to obtain a rental permit. In order to obtain a rental permit all owners or occupants shall submit a yearly residential rental permit application and pay a yearly rental permit fee. Prior to the issuance or renewal of the rental permit, the Village shall inspect the dwelling unit. In the event that the owner or occupant refuses to permit the inspection, the Village shall have the right to seek a search warrant from a court of competent jurisdiction in order to enable such inspection. The rental permit fee shall be set from time to time by resolution of the Board of Trustees. No rental permit shall be issued or renewed unless the requirements of this section have been met.
Hotels shall be permitted by special use permit, provided that they are located within 500 feet of the LIRR train station, measured from the outermost boundary of the building located upon the LIRR property; do not include ground level retail, restaurant, personal service, or similar uses other than a small shop for items of personal hygiene, and provision is made for outdoor open space or plaza areas accessible to the general public.
In the D-MU Zoning District on the upper floors, any use determined by the Board to be of the same general character as the uses identified in § 600-127A(2) may be permitted by special use permit.
[Amended 10-5-2015 by L.L. No. 8-2015]
Consistent with the Downtown Plan, the D-MU Zoning District is divided into three sub-areas as indicated on the D-MU Zoning District Map. The following lot and bulk controls allow greater intensities of development for areas closest to the LIRR station, as part of a TOD revitalization program.
Minimum spaces required.
Dwelling units and multifamily dwelling units: one space for each studio; 1.5 spaces for one bedroom; two spaces for two bedrooms; and 0.5 additional space for each additional bedroom in the dwelling unit.
Retail and personal service establishments: one space for each 200 square feet of gross floor area.
Restaurant, bar and grill, and similar uses: one space for every three seats, plus one additional space for every three lineal feet of bar, plus one space for every two employees or one space for each 200 square feet of gross floor area, whichever is greater.
Offices, financial institutions, and studios: one space for each 250 square feet of gross floor area.
Church, temple, place of worship, or similar place of assembly: one for each five seats.
Professional school, learning center or test preparation center: five per classroom or teaching station, plus one for each teaching and nonteaching staff person.
Nursery school or day-care center: one for each five seats in a main assembly room or two for each classroom, plus one for each 250 square feet of office floor area, whichever is greater.
Funeral establishment: 10 per parlor or chapel, and not less than 20 in any case.
Any other use, structure or building not otherwise expressly provided for herein: one per each 150 square feet of floor area or as determined by the Board of Trustees upon consultation with the Superintendent of Buildings.
Reduction of required parking for uses near municipal parking fields. The provisions set forth in § 600-143 of this chapter shall apply to D-MU uses that are located within 500 feet of a municipal parking field, including the potential payment of a fee as a substitute value for parking spaces waived by the Board of Trustees.
Loading requirements. The minimum number of off-street loading and unloading spaces shall be governed in accordance with Chapter 600, Article XIX. These requirements may be waived by the Board of Trustees as part of the site plan approval process, where such loading is infeasible given existing parking lots that otherwise serve the subject site, in accordance with § 600-132.
[Amended 11-2-2015 by L.L. No. 11-2015]
The Board of Trustees shall have all those powers set forth in New York State Village Law § 7-703. The Board of Trustees, following a public hearing pursuant to § 600-138 of this chapter, may, at its discretion, award incentive bonuses to applicants who provide or make provision for amenities and facilities such as open space, parks and recreational facilities, streetscape amenities, landscaping, energy-efficient building techniques, a greater number of workforce or affordable housing units, road improvements, water and sewer system improvements or other specific physical, social or cultural amenities, or cash in lieu thereof, of benefit to the residents of the Village. In exchange therefor the Board of Trustees may, at its discretion, vary the required density, coverage and floor area ratios, parking requirements, building heights, required setbacks, topographical changes, open space, and permissible uses in the district, provided such variance is consistent with the intent and purpose of this article.
To evaluate the adequacy of the proposed benefits to be accepted in exchange for the requested development incentives, the applicant shall, as part of its initial submission to the Village, submit an application for development incentive bonuses to the Village Building Department along with the payment of any applicable fees which shall be set from time to time by resolution of the Board of Trustees. The application for development incentive bonus shall include the following:
A description of the proposed amenities outlining the benefits that will accrue to the community;
The economic value of the proposed amenities to the Village as compared with the economic value of the proposed incentives to the applicant, which analysis shall include a comparison of the long-term economic impact of the proposed amenities to the Village compared to the long-term economic value of the incentives to the applicant. For purposes of this section, "long-term" shall be defined as a term of 10 years or more;
A preliminary demonstration that there are adequate sewer, water, transportation, waste disposal and fire-protection facilities serving or proximate to the proposed development to handle the additional demands the increased density, incentive or amenity may place on such facilities or the Village beyond the demand that would otherwise occur with as-of-right development; and
An explanation of the physical, social and/or cultural impact of the amenity upon the D-MU Zoning District.
Authorization for development incentive bonuses shall be subject to approval by the Board of Trustees after a public hearing in accordance with § 600-138 of this chapter. Upon completion of the public hearing to consider the application for development incentive bonuses, the Board of Trustees shall grant or deny the application. The Board of Trustees shall determine whether the proposed amenities provide sufficient public benefit to provide the requested incentives. In the event that the Board of Trustees grants the application, it may impose such terms and conditions as it deems necessary. If the Board of Trustees determines that a suitable community benefit or amenity is not immediately feasible, or otherwise not practical, the Board of Trustees may require, in lieu thereof, or in addition thereto, a payment to the Village of a sum to be determined by the Board of Trustees. If cash is accepted in lieu of other community benefit or amenity, or in addition to a benefit deemed to be insufficient, provisions shall be made for such sum to be deposited in a trust fund to be used by the Board of Trustees for specific community benefits authorized by the Board of Trustees.
The Board of Trustees may not grant incentive bonuses to permit:
Buildings with heights in excess of 40 feet or 3 1/2 stories, except that the Board may grant incentive bonuses in excess to 40 feet provided such height in excess of the 40 feet is limited to: architectural or design elements or relief; mechanical rooms or areas for the storage of mechanicals such as HVAC equipment; penthouses for elevators or stairways; skylights; chimneys and/or flues; or renewable energy equipment. No more than 30% of the running plate length of each wall in a pitched roof may be dormered or used as habitable space. The maximum roof pitch shall be a 12 on 12 pitch. Under no circumstance may the maximum vertical portion of any portion of a pitched roof exceed 45 feet;
Densities in the Northern, Eastern and Central Sub-Areas in excess of 60 units per acre; densities in Southern Sub-Area in excess of 45 units per acre;
Maximum building area coverage greater than 90%; or
Minimum dwelling unit size less than 550 square feet.
In exchange for any density bonuses granted pursuant to § 600-132, the Village shall require not less than 10% of all multifamily or mixed-use units in any D-MU development to be designated as workforce or affordable housing, targeted to households with incomes less than 80% of the area median income (AMI) for Nassau County, as defined by the United States Department of Housing and Urban Development (HUD), and with unit sales prices or rents not to exceed 30% of the household's annual income. In the alternative, the Board of Trustees may permit the developer to make provision of other land and the construction of the required affordable workforce housing units that are not part of the applicant's current subdivision plat or site plan but are to be provided on another site within the same local government; or make the payment of a fee in accordance with § 699 of the General Municipal Law. For buildings with less than four units, the workforce or affordable housing requirements set forth in this section shall not apply. Workforce or affordable housing units shall comply with all requirements set forth by the Village Board of Trustees at the time of site plan approval in relation to unit occupancy, location, design, and continued affordability over time.
All developments in the D-MU Zoning District shall be subject to site plan review in accordance with Article XXXIII of this chapter.
Any building, structure or use existing on the effective date of this article may be continued on the same lot although such building, structure or use does not thereafter conform to the regulations of the D-MU Zoning District. A nonconforming building, structure or use is deemed abandoned and may not be reestablished where such nonconforming building, structure or use has been discontinued for a period of six months. A lawfully preexisting, nonconforming building, structure or use may not be enlarged or reconstructed. If less than 50% of the total square feet of a building or structure is destroyed or otherwise requires repairs and alterations due to any accidental or unintentional cause, then in that event the building may be restored and enjoy its nonconforming status, provided that such restoration or repair is completed within six months and such restoration does not enlarge the preexisting nonconformity. In the event that more than 50% of the total square feet of a building or structure is destroyed or otherwise requires repairs, then in that event the building or structure shall be restored in conformity with this, the D-MU Zoning District. Notwithstanding anything herein to the contrary, a nonconforming use which is replaced by, or converted to, a conforming use is extinguished and shall not be reestablished.
This article is not intended to release an applicant from other requirements of this chapter. If the provisions of this article are silent on any matter, the requirements of this chapter shall be applicable to the D-MU Zoning District. Wherever the requirements of this article are at variance with the requirements of this chapter, or any other lawfully adopted rule, regulation, local law or other enactment, the most restrictive or that imposing the highest standards shall govern unless a contrary intent is expressly stated. If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged illegal or invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged, and the section, paragraph, clause or provision so adjudged shall be severed and the remainder of this chapter shall remain valid and effective.
All applicants under this article shall be required to pay the cost associated with engineering, environmental, architectural, legal and other consulting professionals retained by or on behalf of the Village which are deemed necessary by the Village. No building permit shall be issued until all expenses incurred by the Village for engineering, environmental, architectural, legal and other consulting professionals' consultation fees or other expenses incurred by the Village in connection with this article are reimbursed to the Village by the applicant. The Village may require, at the time of the application pursuant to this article, that the applicant deposit with the Village Clerk such amount to cover consultation fees and other expenses as shall be established from time to time by resolution of the Board of Trustees.
A public hearing shall be required for all applications for special use permits and incentive bonuses. Public notice shall be given by publication in the official Village newspaper of such hearing at least 10 days prior to the date thereof. Before any such application may be heard by the Board of Trustees, a complete and accurate list of the names and addresses of the owners of all the lands within a radius of 200 feet of the property affected by such application as appears on the latest completed assessment roll of the Incorporated Village of Farmingdale shall be submitted simultaneously with the application. The applicant shall send, by certified mail, to each owner shown on the applicable list, no less than 10 days nor more than 20 days before the date set for a hearing upon this application, a notice addressed to such owners, signed by the applicant, generally identifying the property affected thereby and setting forth the nature of the application and/or the development incentive bonuses requested and the date, hour and place fixed by the Board of Trustees for a hearing thereon. Before such cases may be heard by the Board of Trustees, the applicant must file with the Village Clerk, not later than five days prior to the hearing date, an affidavit of the mailing of such notice as herein provided, said affidavit to be made on forms to be provided by the Board of Trustees.
This article shall become effective immediately, as provided in the Municipal Home Rule Law, upon being filed with the Secretary of State of the State of New York.