[Amended 8-7-2012 by L.L. No. 15-2012]
A.
Except as specifically provided in Subsection B of this section or otherwise in this Code for a lesser or greater height, no accessory building or other accessory structure, or any part thereof, other than spires, belfries, and similar parts of houses of worship, shall exceed 18 feet in height.
B.
No building,
structure, or any part thereof, other than spires, belfries, and similar
parts of houses of worship, shall exceed the height limits provided
in this chapter.
[Added 8-20-1996 by L.L. No. 10-1996; amended 11-18-2008 by L.L. No. 10-2008; 11-20-2012 by L.L. No.
17-2012]
Notwithstanding any other provisions of this Code to the contrary:
A.
Except as otherwise expressly provided, fences shall not exceed four
feet in height.
B.
Where any lot used for residential purposes is contiguous with a
lot not used for residential purposes, or when a single-family dwelling
or a two-family dwelling is contiguous with a residential property
other than a single-family dwelling or two-family dwelling, then a
fence may be erected along and parallel to the common boundary line
between such lots up to six feet in height, or upon application for
a special exception permit to the Board of Trustees, such height in
excess of six feet as such Board may approve. Upon application for
such a special exception permit, the Board of Trustees, at a public
meeting, but without notice or a public hearing, may permit the erection
of a fence greater than six feet in height to the owner of either
of such contiguous lots. In considering such an application, the Board
of Trustees shall consider the benefit to the applicant if the application
is granted and the adverse impact to the community by such grant,
including, but not limited to, the nature of the abutting use, the
structures on the abutting lot, and the topography and screening of
the area, and shall have the power to approve a fence of a height
different from that requested.
C.
Upon application to the Board of Trustees by the Building Inspector,
the Board of Trustees may require, as a condition to the issuance
of a building permit, certificate of occupancy, or certificate of
completion, that the applicant install and maintain a fence along
or in close proximity to its boundary lines; and such fence may be
required to be of a greater height than that otherwise permitted or
required by the other provisions of this Code. In considering such
an application, the Board of Trustees shall consider the detriment,
including the cost, if any, to the applicant if the application is
granted and the benefit to the nearby property owners by such grant,
including, but not limited to, the nature of the use of the subject
and of the neighboring properties, the structures and their locations
on the subject and the neighboring properties, and the topography
and screening of the area, and shall have the power to approve a fence
of a height different from that requested.
D.
The good side of a fence, as determined by the Building Inspector,
shall face the contiguous property owner.
E.
Except as otherwise expressly provided in this code, fences only
shall be made of the following materials: wood, composite materials
that have the appearance of wood, metal picket fences, or such other
material as may be approved by the Board of Trustees or the Committee
of Architectural Review on a case-by-case basis.
F.
Except as otherwise expressly provided in this Code, fences only
shall be of the following colors: natural wood, white, tan, brown,
black, or such other color as may be approved by the Committee of
Architectural Review on a case-by-case basis.
G.
Any fence that requires the approval of the Board of Trustees or
the Committee of Architectural Review shall be installed within one
year of such approval or such approval shall become null and void
and of no further force or effect.
H.
The Board of Trustees and the Committee of Architectural Review,
in granting any approval pursuant to this section:
I.
Legal preexisting nonconforming fences.
(1)
Except as set forth is Subsection I(2) of this section, any legally nonconforming fence that preexisted the adoption of this section may be maintained and repaired but not replaced.
(2)
Any legally nonconforming chain link fence that preexisted the
adoption of this section and, in the opinion of the Building Inspector,
provides safety because of a significant change in topography, may
be maintained, repaired, and/or replaced.
No trade, industry, business, purpose or uses
may be conducted which are noxious or offensive by reason of causing
or emitting odor, smoke, vapor, gas, dust, garbage, refuse, noise
or vibration or that are dangerous or harmful to the comfort, peace,
health, safety or general welfare of the community or that tend to
disturb or annoy residents of that Village or that involve any dangers
of explosion or fire.
A.
No equipment or fixtures designed for bathing purposes,
including bathtubs and showers, shall be installed or maintained in
any cellar or basement unless there shall be provided:
[Amended 6-2-2015 by L.L.
No. 6-2015[1]]
B.
No automobile, bus, truck, house trailer, mobile home
or other vehicle shall be used or occupied as a place for living,
sleeping or eating within the Village of Great Neck.
C.
In any Business, Mixed-Use, or Waterfront Development
District, no building or structure shall be erected within 20 feet
of a rear lot line nor within 10 feet of a side lot line where such
lot lines coincide with residence district boundaries.
[Added 3-17-1987 by L.L. No. 4-1987;
amended 3-2-2004 by L.L. No. 8-2004; 3-2-2004 by L.L. No. 10-2004]
D.
In any Business, Mixed-Use, or Waterfront Development
District, no parking, loading or any kind of storage, including dumpsters,
shall be permitted within 10 feet of any residence district boundary.
[Added 3-17-1987 by L.L. No. 4-1987;
amended 3-2-2004 by L.L. No. 8-2004; 3-2-2004 by L.L. No. 10-2004]
A.
No owner or occupant of any corner lot or land in
the Village shall permit or maintain on any such lot or land, within
a radius of 30 feet from the point of intersection of the curblines
in front of said lot or land at the street corner, any wall, fence,
hedge, shrub, tree or other growth which shall exceed a height of
three feet above the curb of the street at a point perpendicularly
opposite same. The limbs or branches of trees, hedges and shrubs located
within said radius may nevertheless be maintained, provided that no
part thereof is less than five feet in height above the curb of the
adjoining street at the point thereof perpendicularly opposite same.
[Amended 2-4-2003 by L.L. No. 2-2003]
B.
Any owner who has been notified by the Building Inspector
personally or by certified mail that any wall, fence, hedge, shrub,
or other growth on his or her premises is in violation of this section,
and shall fail to correct the condition within 10 days of such personal
notice or 15 days of such mailing, shall be in violation of this chapter;
and, in addition to the penalties otherwise enforceable, the Village
may thereafter correct any such conditions and assess the cost thereof
against the owner of said property. Such costs, if not paid, shall
be assessable against the property as a tax thereon.[1]
[Amended 9-16-1976 by L.L. No. 17-1976; 3-19-2013 by L.L. No. 4-2013]
[1]
Editor's Note: Original § 210-113C,
which listed lot requirements and which previously followed this subsection,
added 10-18-1977 by L.L. No. 14-1977, was repealed 6-26-1990 by L.L.
No. 5-1990.
C.
The provisions of Subsection C[2] of this section shall not be applicable to a corner lot
which is shown on a subdivision plat approved by the Planning Board
of the Village of Great Neck and which has been held in single and
separate ownership since the date said plat was approved.
[Added 10-18-1977 by L.L. No. 14-1977]
D.
Each such notice shall inform the owner that, if such notice was
personally delivered, within 10 days from such personal delivery,
or if such notice was only mailed and not personally delivered, within
13 days of the mailing of such notice, the owner may appeal to the
Board of Trustees that the determination was in error and that the
wall, fence, hedge, shrub, or other growth on his or her premises
is not in violation of this section. If such notice is by mail, it
shall be sent by certified or registered mail, return receipt requested,
addressed to said owner at the last address for said owner on the
tax records of the Village.
[Added 3-19-2013 by L.L. No. 4-2013]
A.
The Board of Trustees, in order to facilitate the
adequate provision of public utility and municipal services, may,
upon application and after public hearing held upon notice, as provided
for herein, permit for a term of years or otherwise any land and the
buildings and structures erected or to be erected thereon to be used,
maintained and operated in any residence district for such facilities
of a public utility, municipal corporation or special district as
said Board shall find to be necessary in order to provide adequate
public utility or municipal services to the residents of the Village.
B.
The Board of Trustees shall not authorize the issuance
of any permit under any of the provisions of this section, unless
it finds in each case that the proposed use of the property or the
erection, alteration or maintenance of a proposed facility:
(1)
Cannot feasibly or practically be erected or maintained
in either a business or a waterfront development district.
[Amended 3-2-2004 by L.L. No. 8-2004; 1-14-2008 by L.L. No.
1-2008]
(2)
Will not depreciate or tend to depreciate the value
of property in the Village.
(3)
Will not create a hazard to health, safety, morals
or general welfare.
(4)
Will not be detrimental to the neighborhood or to
the residents thereof.
(5)
Will not alter the essential character of the neighborhood.
(6)
Will serve or promote public convenience and welfare.
C.
All buildings and structures to be used under the
provisions of this section shall nevertheless be in accordance with
the height, area and yard requirements prescribed by this chapter
and the Building Code.[1]
D.
The Board of Trustees shall, upon granting of a permit
hereunder, impose such reasonable and appropriate conditions, restrictions
and safeguards as it may deem necessary or desirable to promote the
health, safety, morals and general welfare of the public community.
E.
The Board shall make rules as to the manner of filing
applications for permits under this section; and upon the filing of
any such application, the Board shall fix the time and place for a
public hearing thereon and shall give notice thereof by publishing
such notice once a week for two weeks in a newspaper of general circulation
in the Village of Great Neck. Such notice shall state the location
of the facilities and the general type, nature and purpose thereof.
F.
Each application shall be accompanied by a fee in
the amount as shall be prescribed from time to time by the Board of
Trustees.
[Amended 7-7-1987 by L.L. No. 12-1987; 12-16-2003 by L.L. No.
17-2003]
A.
In any district, a building or structure may be built,
altered or used and a plot or parcel of land may be used for swimming
pools and related facilities on a noncommercial basis, when permitted
by the Board of Trustees and after a public hearing held upon such
notice as is provided for herein. The Board of Trustees shall not
grant the issuance of any permit under this provision unless it finds
in each case that the proposed use of the property or of the structure
to be erected, altered, used or maintained:
(1)
Will not depreciate or tend to depreciate the value
of property in the Village.
(2)
Will not create a hazard to health, safety, morals
or the general welfare.
(3)
Will not be detrimental to the neighborhood or to
the residents thereof.
(4)
Will not alter the essential character of the neighborhood.
(5)
Will serve or promote public convenience or welfare.
B.
All buildings or structures to be used under the provisions
of this section shall conform to such requirements as the Board of
Trustees shall prescribe as to, among other things, height, area and
setback requirements, which shall in any event conform to at least
the minimum requirements of areas and yard as prescribed by this chapter,
and the maximum requirement of height as prescribed by this chapter
and shall, in addition thereto, conform to all provisions of the Building
Code[1] of the Village as the same now exists or as the same may
from time to time be amended.
C.
The Board of Trustees may grant a permit for a period
of years or otherwise and shall impose such reasonable and appropriate
conditions, restrictions and safeguards as it may deem necessary or
desirable to promote the health, safety, morals and general welfare
of the Village and, in addition thereto, prescribe rules and regulations
for the ownership, operation, maintenance and use of swimming pools
and any accessory structures as it may deem necessary to promote the
health, safety, morals and general welfare of the Village. Such permit
shall only be issued to a not-for-profit corporation organized under
the laws of the State of New York, 60% of whose members shall be residents
of the Village of Great Neck and whose certified membership list shall
be delivered to the Board of Trustees, together with the application
for such permit. No not-for-profit corporation shall continue to hold
a special permit pursuant to this section unless 60% of its members
shall be residents of the Village of Great Neck.
D.
The Board shall make rules as to the form, content
and manner of making applications for permits pursuant to this section;
and upon the filing of any such applications, the Board shall fix
the time and place for a public hearing thereon and shall give notice
thereof by publishing such notice once a week for two successive weeks
in a newspaper having a general circulation in the Village of Great
Neck. Such notice shall state the location of the facilities and the
general type, nature and purpose thereof.
E.
Each application shall be accompanied by a fee in
the amount as shall be prescribed from time to time by the Board of
Trustees.
[Amended 7-7-1987 by L.L. No. 12-1987; 12-16-2003 by L.L. No.
17-2003]
[Amended 7-7-1987 by L.L. No. 12-1987; 12-16-2003 by L.L. No.
17-2003; 10-16-2007 by L.L. No. 14-2007; 6-2-2020 by L.L. No. 2-2020]
A.
Swimming pools shall be permitted as an accessory use to any principal
use permitted under this chapter on the same premises. The Superintendent
of the Building Department, however, shall not authorize the issuance
of a permit under this provision unless the Superintendent finds in
each case that the proposed pool and its appurtenances:
(1)
Are incidental and subordinate to a permitted principal use.
(2)
Will not create a hazard to health, safety, morals or general
welfare of the users thereof or the owners or occupants of adjacent,
adjoining or nearby properties.
(3)
Will be used and maintained in such a manner as not to annoy,
disturb or cause discomfort to the owners or occupants of adjacent,
adjoining or nearby properties.
(4)
Shall be adequately screened, fenced and secured when not in
use so as to prevent danger or injury to persons and property.
(5)
Will not depreciate or tend to depreciate the value of property
in the Village.
(6)
Will not be otherwise detrimental to the neighborhood or to
the residents thereof.
(7)
Will not alter the essential character of the neighborhood.
B.
All swimming pools and their appurtenances shall conform to such
requirements as the Superintendent of the Building Department shall
prescribe as conditions to the granting of any application for a permit
therefor, as to, among other things, height, area and setback requirements,
which in no event shall be less than the following:
(1)
Any swimming pool and all its appurtenances and accessories
shall be located entirely in the rear yard of the premises.
(2)
The area of the swimming pool shall not occupy more than 25%
of the unoccupied area of the rear yard.
(3)
No part of the pool, its deck or appurtenances shall be located
less than 20 feet from any lot line of the premises or 40 feet from
any residential building on any adjoining lot.
C.
Any permit for an aboveground swimming pool shall be limited to the
original installation of such pool and shall not permit any replacement
thereof. No such replacement shall be installed without the prior
approval of the Superintendent of the Building Department pursuant
to this section.
D.
The Superintendent of the Building Department may grant a permit
for a period of years or otherwise and shall impose such reasonable
and appropriate conditions, restrictions and safeguards as the Superintendent
may deem necessary or desirable to promote the health, safety and
general welfare of the Village and to ensure the maintenance and use
thereof, in accordance with the criteria, hereinabove set forth, for
considering such application.
E.
Every application submitted for a permit under this section shall
be accompanied by the following:
(1)
Plot plan, showing existing structures and their respective
uses.
(2)
Plot, site and building plans of such proposed pool, showing
dimensions, design, location and use of all structures, equipment,
drainage, sanitary filtration, water supply and disposal facilities,
fencing and screening.
(3)
Such other information and data as the Board of Trustees may
direct.
(4)
A fee in the amount as shall be prescribed from time to time
by the Board of Trustees.
F.
The Board of Trustees may waive any of the conditions or requirements
set forth in this section if, in its discretion, to do so would not
have a significant adverse impact upon the health, safety or welfare
of the community or the adjacent properties.
[Added 12-3-2002 by L.L. No. 22-2002]
The following home office uses shall be permitted
as accessory uses in legal single-family detached dwellings, to the
extent and upon the conditions set forth in this section.
A.
The office of a physician, psychologist, surgeon,
dentist, lawyer, architect, engineer, or accountant, or the studio
of an artist or musician, legally residing in the dwelling in which
such office or studio is located, on the following conditions:
(1)
There shall be no display or advertising on the premises
in connection with such use except for a professional name plate,
which shall not exceed 24 inches in width and eight inches in height,
and shall be affixed to the dwelling, unless otherwise permitted upon
application to the Board of Trustees.
(2)
There shall be not more than one employee employed
in connection with such use, in addition to the residents of the dwelling.
(3)
Such office or offices, in total, shall not occupy
more than the lesser of the equivalent of 1/3 of the building area
of the principal building, excluding all cornices, eaves, gutters,
chimneys, bay windows, balconies, porches, and garages of such dwelling,
or 500 square feet.
(4)
Such use shall be merely incidental to the use of
such dwelling for residential purposes.
(5)
The studio of a musician shall be equipped, constructed,
and used in such a manner that the sound of such music from the dwelling
cannot be heard from beyond the property lines of the premises.
(6)
"Studio," as used herein, shall not be construed to
include or mean kindergarten, child's nursery, dance school, music
school, art school, or other private school. For the purpose of this
section, the instructing or teaching of more than three persons at
any time shall constitute the maintenance of a kindergarten, nursery,
or other school.
(7)
No music recitals or art exhibitions, nor other functions
of any type inviting or permitting more than three nonresidents to
the premises in conjunction with such studio, shall be permitted.
(8)
No such use shall commence without a permit from the
Building Department. The owner seeking such permit shall file such
documents as reasonably may be requested by the Building Department,
including, but not limited to, a floor plan of the proposed home office
area, and shall pay the required fee. Such use shall not deviate from
such floor plan prior to an amended floor plan being submitted to
and approved by the Building Department.
B.
The office or offices of one or more people legally
residing in the dwelling in which such office or offices are located,
on the following conditions:
(1)
There shall be no display or advertising on the premises
in connection with such.
(2)
Other than the legal residents of the dwelling, there
shall be no officers or directors of the business or businesses, nor
employees or agents, nor any other business guests or business invitees,
employed at, visiting, or otherwise at the premises in connection
with such use.
(3)
Such office or offices, in total, shall not occupy
more than the lesser of the equivalent of 1/3 of the area of the first
floor, excluding the garage, of such dwelling or 500 square feet.
(4)
Such use shall be merely incidental to the use of
such dwelling for residential purposes.
(5)
Other than the maintenance or storage of paper files,
there shall be no maintenance or other storage of any goods, products,
or other materials with regard to such office use, and no such goods,
products, or other materials shall be shipped to or accepted at the
premises.
(6)
No such use shall commence without a permit from the
Building Department. The owner seeking such permit shall file such
documents as reasonably may be requested by the Building Department,
including, but not limited to, a floor plan of the proposed home office
area, and shall pay the required fee. Such use shall not deviate from
such floor plan prior to an amended floor plan being submitted to
and approved by the Building Department.
C.
Termination of all legal nonconforming uses.
(1)
All home office uses which legally preexisted on the
effective date of this section may be continued, without conforming
to the provisions of this section, until June 1, 2004.
(2)
No home office use shall be permitted, notwithstanding
the fact that it may have legally existed prior to the effective date
of this section, unless it complies with this section, or the owner
has received a variance from the provisions of this section from the
Board of Appeals.
[Amended 12-18-1979 by L.L. No. 13-1979; 3-17-1981 by L.L. No. 1-1981; 4-29-1985 by L.L. No. 7-1985]
A.
The use of a lot or premises or a portion thereof
in a residence district for the parking or storage of a commercial
vehicle is prohibited.
B.
Accessory parking facilities.
(1)
The
following shall apply to all multifamily dwellings and townhomes other
than in a Residence F District:
[Amended 10-7-2014 by L.L. No. 9-2014]
(a)
Multifamily dwellings. There shall be provided, on each lot or premises
on which a multifamily dwelling is erected, altered, or used, accessory
parking facilities for the use of the occupants of such buildings,
which facilities shall include two parking spaces for each one-bedroom
and two-bedroom unit and three parking spaces for units with three
or more bedrooms.
(b)
Townhomes. There shall be provided, on each lot or premises on which
a townhome is erected, altered, or used, accessory parking facilities
for the use of the occupants of such buildings, which facilities shall
include the following parking:
[1]
For each one-bedroom unit: one parking space.
[2]
For each two-bedroom unit: two parking spaces.
[3]
For each three-bedroom unit: two parking spaces.
[4]
For each unit with four or more bedrooms: three parking spaces.
[5]
In addition, one guest parking space shall be provided on each lot
or premises for each two units. For clarification, as an example,
a lot with five units would only require two guest parking spaces.
Signage as approved by the Building Department shall clearly designate
each such guest parking space as guest parking only.
(c)
Additionally, for each medical/professional office heretofore authorized
or permitted in such building, there shall be at least four on-premises
parking spaces provided for each practitioner or one parking space
for each 150 square feet of floor area, whichever is greater. The
term "practitioner" shall include all persons licensed by the State
of New York to perform medical, dental or health-related services.
(d)
Tandem parking for residential units, with the condition that all
parking spaces that are in tandem with each other shall be assigned
to the same unit, shall be subject to the approval of the Board of
Trustees.
(2)
There shall be provided on each lot or premises on
which a multiple residence is erected, altered or used in a Residence
F District accessory parking facilities for the use of the occupants
of such buildings, which facilities shall include one parking space
for each three dwelling units and two parking spaces for a resident
superintendent.
D.
Each parking space required by this section shall
be at least nine feet by 19 feet. The aisle or driveway giving direct
access thereto shall have a minimum width of 22 feet. No tandem parking
shall be permitted.
E.
No special vehicle shall be stored on a lot in a residence
district unless the same is stored within a building and such storage
does not reduce the number of off-street parking spaces on the lot
to fewer than the number of parking spaces required by this section
for vehicles that are not special vehicles. For the purposes of this
subsection:
[Amended 6-22-2004 by L.L. No. 14-2004; 9-6-2011 by L.L. No. 5-2011]
(1)
A
“lot” shall constitute all of the adjacent property owned
by the same person.
(2)
Storage.
For the purposes of this section, a special vehicle shall be deemed
stored and in violation of this section in each of the following events:
(a)
The special vehicle is located on the same lot for four consecutive
days, whether or not the special vehicle is moved from place to place
within the lot or is taken from and returned to the lot.
(b)
The special vehicle is required by the New York State Vehicle and
Traffic Law to be registered, and such vehicle does not bear, at the
required location on the vehicle, a current and valid registration.
(c)
As to boats, in addition to the foregoing and not as a limitation,
the boat is neither:
(3)
Each
day of such storage, from and including the first of such days, shall
constitute and be deemed a separate and distinct violation of this
subsection.
F.
No portion of any garage, the floor space of which is not counted as floor area under the definition of that term in § 575-212, shall project nearer to a public street than the front wall of the balance of the building of which it is a part.
[Added 6-26-1990 by L.L. No. 5-1990;
amended 2-4-2003 by L.L. No. 2-2003]
H.
No vehicle shall be parked or stored on a residential
property, except on a driveway which has been paved with macadam,
cement, brick, or concrete pavers or similar material, so long as
such similar material has first been approved by the Building Inspector.
[Added 6-22-2004 by L.L. No. 14-2004]
I.
All parking areas shall be adequately designed to
be capable of supporting the weight of the vehicles for which the
parking area is being used, and shall be resistant to areas of depression
in contact with such vehicles.
[Added 6-22-2004 by L.L. No. 14-2004]
J.
Single-family, two-family, and three-family detached
dwellings.
[Added 6-22-2004 by L.L. No. 14-2004; amended 6-6-2011 by L.L. No. 4-2011; 9-6-2011 by L.L. No. 5-2011]
(1)
ORIGINAL FLOOR AREA
REQUIRED PARKING
(a)
[1]
[2]
[3]
(b)
As
used in this subsection, the following terms shall have the following
meanings:
The floor area of the dwelling on the date when the construction
of the dwelling was first completed or on the date five years before
the instant application whichever was the last date to occur.
[Amended 5-5-2015 by L.L.
No. 4-2015]
Off-street parking spaces for the greater of the following:
Three vehicles;
One vehicle for the second and one additional vehicle for every
additional room which could be used as a bedroom (for example, five
bedrooms would require four parking spaces); or
One vehicle for the first 1,000 square feet of floor area and
one additional vehicle for every additional 500 square feet of floor
area or part thereof.
Such parking spaces may be located wholly or in part upon that
portion of the paved driveway that runs from the owner's property
line to the edge of the sidewalk closest to said property line, if
there is a sidewalk, or, if there is no sidewalk, to the curb of the
street.
(2)
All
new single-family detached dwellings and all single-family detached
dwellings that are altered in a manner that increases floor area,
either in excess of 50% of the original floor area or in excess of
1,000 square feet of the original floor area, shall provide the required
parking.
(3)
No
parcel with a single-family detached dwelling that does not provide
the required parking may be altered to reduce the number of on-site
parking spaces.
(4)
No
parcel with a single-family detached dwelling that provides the required
parking may be altered so that it no longer provides the required
parking.
(5)
For
the purposes of this subsection, each of the attached dwellings in
all two-family and three-family detached dwellings shall be treated
as a single-family detached dwelling, the intent being that the required
parking be provided for each of the dwellings in all two-family and
three-family detached dwellings.
(6)
Notwithstanding anything to the contrary in this section, the parking required by this Subsection J may be provided by tandem parking spaces.
(7)
Upon
application, the Board of Trustees is authorized to permit a lesser
number of parking spaces than is otherwise required by this subsection
upon its determination that the adverse impact to the adjacent property
owners, community, and/or Village as a whole by providing the number
of required parking spaces would outweigh the adverse impact of providing
fewer than the number of required parking spaces. In determining any
such application, the Board of Trustees may consider such factors
as it deems relevant, including, but not limited to:
[Added 9-27-2011 by L.L. No. 6-2011]
(a)
The total number of required parking spaces;
(b)
The size, configuration, and topography of the property;
(c)
The location of existing and proposed structures;
(d)
The practicality of providing the required stormwater drainage based
upon the permeability of the soil, the level of the groundwater, and
underground streams;
(e)
The total amount of impervious area that would be necessary to meet
the requirements; and
(f)
The impact on existing trees.
[Amended 12-18-1979 by L.L. No. 13-1979; 4-29-1985 by L.L. No. 7-1985]
In a Business A District the following regulations
shall apply:
A.
Parking. On each lot or premises on which an authorized
use is instituted or maintained, there shall be provided an accessory
parking facility meeting the minimum standards hereinafter set forth:
[Amended 1-2-1996 by L.L. No. 1-1996; 9-5-2000 by L.L. No. 10-2000; 12-3-2002 by L.L. No. 24-2002; 10-21-2003 by L.L. No. 16-2003; 1-16-2007 by L.L. No. 3-2007]
(1)
Places of public assembly and restaurants: one parking
space for each four persons who can legally be accommodated, plus
one parking space for each employee.
(2)
For all medical/professional offices not permitted by § 575-129A(3): four parking spaces per practitioner, or one parking space for each 150 square feet of gross floor area, whichever is greater. The term "practitioner" shall include all persons licensed by the State of New York to perform medical, dental or health-related services.
(3)
For all offices not permitted by § 575-129A(3) or (4) or addressed by Subsection A(2) of this section: one parking space for each 200 square feet of gross floor area or three parking spaces, whichever is greater.
(4)
All other uses: For each 250 square feet of gross
floor area in excess of an area equal to 70% of the lot area there
shall be provided one parking space.
(5)
Notwithstanding the foregoing provisions of this Subsection A:
(a)
Any of such permitted uses that has a floor
area of 1,500 square feet or less shall not be required to provide
any accessory parking. For purposes of determining the floor area
of any of such uses, any adjoining uses that either: are leased to
the same party or to parties that have one or more of the same principals,
partners, members, or individuals with similar ownership interest
in such parties, and/or can be accessed to each other without going
outside the building or through a public area within the building
shall be deemed one use for determining whether the limit of 1,500
square feet has been exceeded.
(b)
The parking requirements for those uses specified
in § 575-129A(4) shall be determined by the Board of Trustees.
(c)
The parking requirements set forth for those uses specified in § 575-129A(1), (2), (3), and (5) may be modified upon application to the Board of Trustees.
B.
Front yard restrictions. The front yard may not be
used for parking, loading or unloading of motor vehicles.
C.
Parking spaces and access thereto. Each parking space
required by this section shall be at least nine feet by 19 feet. The
aisle or driveway giving direct access thereto shall have a minimum
width of 22 feet. There shall be no tandem parking.
D.
Storage. A lot or premises or a portion thereof may
be used for the storage of motor vehicles when said storage is accessory
to a permitted use conducted on the same or adjoining premises, provided
that:
(1)
Said vehicles do not exceed 2 1/2 tons' gross
vehicle weight and are not designed or used for the transportation
of any product which is volatile, flammable or explosive or presents
a hazard to public health or safety.
(2)
Said vehicles are stored in a fully enclosed building.
(3)
The area of any building used for said storage shall
not exceed 600 square feet or 25% of the building area of the building
devoted to the principal use, whichever is less.
[Amended 12-18-1979 by L.L. No. 13-1979; 4-19-1983 by L.L. No. 6-1983; 4-29-1985 by L.L. No. 7-1985; 10-1-1996 by L.L. No.
11-1996; 9-5-2000 by L.L. No. 10-2000; 12-3-2002 by L.L. No.
24-2002; 10-21-2003 by L.L. No. 16-2003; 3-2-2004 by L.L. No. 10-2004]
In Business B Districts the following regulations
shall apply:
A.
Parking. On each lot or premises on which an authorized
use is instituted or maintained, there shall be provided an accessory
parking facility for automobiles meeting the minimum standards hereinafter
set forth:
(1)
Places of public assembly and restaurants: one parking
space for each four persons who can legally be accommodated, plus
one parking space for each employee.
(2)
Medical/professional offices: four parking spaces
each per practitioner, or one parking space for each 150 square feet
of gross floor area, whichever is greater. The term "practitioner"
shall include all persons licensed by the State of New York to perform
medical, dental or health-related services.
(3)
For all offices not permitted by Subsection A(2) of this section,[1] one parking space for each 200 square feet of gross floor
area or three parking spaces, whichever is greater.
[1]
Editor's Note: This section previously referenced
former § 210-93A(2) and § 210-93A(3), which were
repealed 5-3-2005 by L.L. No. 3-2005.
(4)
All other uses in a Business B District: one parking
space for each 300 square feet of gross floor area in excess of an
area equal to 70% of the lot area.
B.
Front yard restrictions. In Business B Districts,
the front yard may not be used for parking, loading or unloading of
motor vehicles.
C.
Parking spaces and access thereto. Each parking space
required by this section shall be at least nine feet by 19 feet. The
aisle or driveway giving direct access thereto shall have a minimum
width of 22 feet. There shall be no tandem parking.
D.
Storage. A lot or premises or a portion thereof may
be used for the storage of motor vehicles when said storage is accessory
to a permitted use conducted on the same or adjoining premises, provided
that:
(1)
Said vehicles do not exceed 2 1/2 tons' gross
vehicle weight and are not designed or used for the transportation
of any product which is volatile, flammable or explosive or presents
a hazard to public health or safety.
(2)
Said vehicles are stored in a fully enclosed building.
(3)
The area of any building used for said storage shall
not exceed 600 square feet or 25% of the building area of the building
devoted to the principal use, whichever is less.[2]
[2]
Editor's Note: Former § 210-120,
Parking in Industrial Districts, as amended, which previously followed
this section, was repealed 3-2-2004 by L.L. No. 8-2004.
[Added 4-19-1983 by L.L. No. 7-1983]
Except as provided in Subsections A and B of
this section, no parabolic or hemispherical antennas may be erected,
constructed, altered or maintained on any lot within the Village of
Great Neck.
[Added 8-20-1996 by L.L. No. 7-1996]
A.
AMATEUR RADIO SERVICES
AMATEUR RADIO STATION ANTENNA
BOARD
BUILDING INSPECTOR
VILLAGE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Synonymous with the term amateur radio services as presently
defined in Section 97.3 of Title 47 of the Code of Federal Regulations,
as such definition may be amended from time to time.
The antenna structure, including but not limited to the radiating
elements, tower, supports and all other appurtenances, utilized for
amateur radio services.
The Board of Trustees of the Village.
The Building Inspector of the Village.
The Village of Great Neck.
B.
Regulation of amateur radio station antennas. No amateur radio station antennas shall be constructed or erected within the Village for which a building permit has not been issued by the Building Inspector and which does not comply with the minimum standards prescribed in Subsection C of this section. No amateur radio station antennas shall be used or maintained within the Village for which a certificate of compliance has not been issued by the Building Inspector.
C.
Minimum standards.
(1)
No amateur radio station antenna shall be located
in a front yard or in a minimum required side yard.
(2)
Other than the radiating elements, no part of an amateur
radio station antenna shall be located closer to any property line
than 12 feet or a distance equal to the minimum required side yard
setback for the zoning district within which the premises is located,
whichever is greater (hereinafter referred to as the "minimum setback").
(3)
No part of any amateur radio station antenna shall,
at any time, whether on the ground or in the air, extend beyond the
boundaries of the premises for which a permit has been granted.
(4)
There shall be no more than one amateur radio station
antenna tower on any building lot.
(5)
No amateur radio station antenna shall exceed 35 feet
in height. However, a retractable amateur radio station antenna may
be installed which does not exceed 70 feet in height when fully extended,
so long as when it is fully retracted ("nested") it does not exceed
35 feet in height. In the event that a retractable amateur radio station
antenna is installed which exceeds 35 feet in height, such amateur
radio station antenna shall be retracted to no higher than 35 feet
in height when it is not actually being used for communications as
part of amateur radio services.
(6)
The amateur radio station antenna tower shall be equipped with tower shields, snugly fitting between the tower legs and flat against the rungs, approximately five feet in height, or, subject to the approval of the Building Inspector, an equivalent anticlimbing device, or shall be fully enclosed in the same manner required for outdoor swimming pools at one- and two-family dwellings by Section 720.1 of Part 720 of Title 9 of the New York Codes, Rules and Regulations (which also constitutes the same said section and part of Subchapter B, Building Construction, of Chapter 1 of the State Uniform Fire Prevention and Building Code), as such requirement may be modified from time to time.
D.
Form of application. An application to construct or
erect an amateur radio station antenna shall be made in writing and
shall include:
(1)
The name of the owner and of the tenant, if the tenant
is the applicant, of the premises.
(2)
The street address and tax map designation of the
premises.
(3)
An up-to-date survey of the premises showing all of
the structures erected thereon, including but not limited to any existing
amateur radio station antenna on the premises.
(4)
All of the use or uses of the premises.
(5)
The manufacturer, model and complete physical description
of the proposed amateur radio station antenna and the manufacturer's
engineering plans and specifications or other data, if any, for the
erection of the tower.
(6)
The name of the firm or contractor, if any, who will
be constructing or erecting the proposed amateur radio station antenna.
(7)
An affirmation by the owner or the tenant, if the
tenant is the applicant, of the premises of the truth of the foregoing
information.
E.
Additional information to be supplied with the application.
Such application shall be accompanied by:
(2)
Authorization for the Building Inspector to enter
upon the premises to inspect the proposed location of the amateur
radio station antenna, to confirm the accuracy of the survey and to
evaluate the proposed construction or erection; and, if a special
exception permit is sought, authorization for the Mayor and the Board
of Trustees and the Village Attorney to enter upon the premises to
inspect the proposed location of the amateur radio station antenna
and how it may affect adjacent properties.
F.
Certificate of compliance. Prior to the issuance of
a certificate of compliance by the Building Inspector, the applicant
shall file with the Building Inspector a controlled inspection report
signed and sealed by a registered architect or professional engineer.
Such report shall certify that such architect or engineer has inspected
the amateur radio station antenna and that the amateur radio station
antenna has been erected in accordance with all of the plans and other
documentation filed with the application and in compliance with all
applicable laws and regulations.
G.
Special exception permits.
(1)
Upon application to the Board of Trustees for a special
exception permit, the provisions of this section may be waived upon
a showing of hardship or lack of relevance, so long as the public
health, safety, aesthetics and general welfare can be maintained.
[Amended 12-15-2015 by L.L. No. 9-2015]
(2)
The Board may make rules as to the form, content and
manner of making applications for special exception permits pursuant
to this section; and, upon the filing of such applications, the Board
shall fix the time and place for a public hearing thereon and shall
give notice thereof by publishing such notice in a newspaper having
a general circulation in the Village not fewer than 10 days before
the hearing, and the applicant shall mail copies of said notice to
all property owners within 200 feet of the premises not fewer than
15 days before the hearing. Such notice shall state the location of
the premises and the nature of the application.
(3)
Each application shall be accompanied by a fee in
the amount as shall be prescribed from time to time by the Board of
Trustees.
[Amended 12-16-2003 by L.L. No. 17-2003]
An institution required to be licensed under
the Mental Hygiene Law of the State of New York is hereby prohibited
in all districts.
[Added 4-19-1983 by L.L. No. 6-1983]
In all business districts of the Village, the
parking or storage of a motor vehicle on the roof of a building or
structure, or in or on any open portion of a building or structure
above the first story, is prohibited.
No public garage, motor vehicle repair shop
or gasoline service station shall be erected, altered or used if any
part of the lot or plot on which the same is located is within 200
feet of any premises used for a public school, public library, church
or hospital.
[Amended 2-4-2003 by L.L. No. 2-2003]
Business buildings shall only provide for ingress
and egress for the general public on business streets. No part of
such buildings shall provide for ingress and egress for the general
public on nonbusiness streets, except as additional means of egress
as may be required by law, including applicable fire safety regulations.
The average length of a business building along a nonbusiness street
shall not exceed the length of such building on a business street.
Nothing herein contained shall require any change
in the plans, construction or designated use of a building, the construction
of which shall have been begun at the time this chapter becomes effective,
and which entire building shall have been completed within one year
from the date of adoption of this chapter.
No lot or plot or tract of land shall be used for the dumping or abandonment of any combustible materials, junk, metal, bricks, stone, concrete, concrete blocks, pavement, paving, plaster, lumber or any other kind of building material, automobiles, automobile bodies, automobile chassis or parts or portions thereof, tanks, barrels, containers, machines, machinery, engines, utensils or appliances, any of which or any parts whereof are entirely or in part made of metal, or any other abandoned article. The foregoing shall not prohibit application for a use permit for temporary storage purposes and the granting of said permit by the Board of Appeals, pursuant to the provisions of Article XX.
[Added 12-2-1997 by L.L. No. 4-1997]
A.
In order to achieve the maximum floor area ratio hereinbefore established for a single-family dwelling, certain valuable architectural features must be incorporated in the dwelling. These architectural features are set forth in Subsection B below, and each of these features is assigned a floor area ratio value. The floor area ratio for a single-family dwelling which incorporates none of the valuable architectural features (the base floor area ratio) shall be the maximum floor area ratio hereinbefore established less the reduction in floor area ratio set forth in Subsection C hereof. For each valuable architectural feature incorporated in the dwelling, the value assigned to that feature in Subsection B shall be added to the base floor area ratio, to an amount not exceeding the maximum floor area ratio hereinbefore established for the dwelling.
B.
Architectural feature.
|
Architectural Feature
|
Floor Area Ratio Value
| |
|---|---|---|
|
Peaked roof on 80% of the building area of the
dwelling
|
0.04
| |
|
Peaked roof on one-story portions of the dwelling.
On interior lots, one-story peaked roofs must appear on at least one
of the side or the front elevation of the residence. On corner lots,
one-story peaked roofs are permitted on elevation of the building.
[Amended 4-23-2002 by L.L. No. 8-2002] |
0.02
| |
|
Minimum of two bay windows, each having a framed
area of at least 16 square feet located on any side or front elevation
on interior lots or any elevation on corner lots
[Amended 9-5-2000 by L.L. No. 10-2000] |
0.02
| |
|
Open porch on the front of the dwelling having
a minimum depth of 5 1/2 feet and a length which covers at least
65% of the length of the front facade of the dwelling (excluding the
garage and vestibule)
|
0.03
| |
|
Projecting vestibule
|
0.02
| |
|
Attached garage which is set back at least 10
feet from the front line of the dwelling
|
0.02
|
C.
District.
|
District
|
Total Reduction in Floor Area Ratio
| |
|---|---|---|
|
Residence AA
|
0.04
| |
|
Residence A
|
0.06
| |
|
Residence A-1
|
0.07
| |
|
Residence B
|
0.08
| |
|
Residence B-1
|
0.07
| |
|
Residence C
|
0.08
| |
|
Residence D
|
0.08
|
D.
In order to encourage the retention and upgrading of single-family dwellings which were built prior to the adoption of the first set of floor area ratio regulations in the Village on May 19, 1987, the provisions of Subsections A, B and C of this section shall not be applied in the event of an alteration and/or addition to a single-family dwelling built prior to May 19, 1987, provided that the Building Department of the Village shall certify, in writing, that such dwelling was built prior to May 19, 1987, and that such alteration and/or extension will not effect a change in excess of 25% of the exterior of the dwelling as it existed on May 19, 1987.
[Amended 1-17-2017 by L.L. No. 3-2017[1]]
E.
In order
to encourage the upgrading and construction of single-family dwellings
with brick and/or stone facades, the floor area of such facades, up
to a maximum of four inches in depth, shall be excluded from the calculations
for floor area when measuring the maximum permissible floor area under
this chapter.
[Added 3-20-2012 by L.L. No. 8-2012]
[Added 12-2-1997 by L.L. No. 4-1997;
amended 10-25-2016 by L.L. No.
4-2016; 7-19-2022 by L.L. No. 7-2022]
In a single-family dwelling:
A.
No horizontal plane of a front or side facade shall
extend for more than 30 feet without a change or break in said plane
of at least two feet in width. The horizontal plane of a front facade
shall have at least one break of at least two feet in width, regardless
of the overall width of the facade. A projecting chimney shall be
considered a change or break in a plane if it is:
B.
At least 10% of each and every facade shall be comprised
of fenestration (windows and/or doors).
C.
The eave of an open porch on the front of a dwelling
shall not exceed 12 feet in height.
[Added 12-2-1997 by L.L. No. 4-1997]
A.
Every driveway shall have an unobstructed minimum
width of nine feet and be set back at least two feet from all side
or rear lot lines.
B.
No part of the first story of a dwelling may extend onto or over the minimum driveway width required in Subsection A above.
C.
Where a section of a driveway is set back five feet or less from the side or rear lot line, the setback area abutting that section of the driveway shall be known as a "minimal setback area," and it shall be landscaped as indicated in Subsection C(1) below and by one of the methods indicated in Subsections C(2) or C(3) below, and said landscaping shall be maintained in good condition:
(1)
A hedge, at least three feet in height, planted along
at least 75% of the minimal setback area; and
(2)
Deciduous trees having a diameter at breast height
of at least three inches, planted at intervals of not more than 30
feet on center in the minimal setback area; or
(3)
Conifer trees, at least five feet in height, planted
at intervals of not more than 30 feet on center in the minimal setback
area.
D.
On a corner lot, a garage shall not face and a driveway
shall not enter the most major public street.
[Amended 2-4-2003 by L.L. No. 2-2003]
E.
No retaining wall related to a driveway shall exceed
four feet in height, and no two retaining walls may be closer than
three feet to one another, measured wall face to wall face.
[Added 2-16-1999 by L.L. No. 2-1999;
amended 5-4-1999 by L.L. No. 5-1999]
A.
PUTRESCIBLE WASTE
REFRIGERATED REFUSE ROOM
Definitions. As used in this section, the following
terms shall have the meanings indicated:
All garbage, refuse and other solid waste that contains organic
matter capable of being decomposed by microorganisms and of such a
character and proportion as to be capable of attracting or providing
food for disease vectors.
An insulated room with no vents which, through refrigeration,
will produce and maintain a temperature not exceeding 55° F.,
with GFI receptacle and a minimum two-inch floor drain.
B.
Refrigerated refuse rooms required.
(1)
All commercial establishments shall store their putrescible
waste in a refrigerated refuse room until not more than one hour prior
to the time that it will actually be collected for removal from the
premises.
(2)
All commercial establishments which deal in food or
other meat or vegetable products, which produce, create or maintain
putrescible waste, shall provide a refrigerated refuse room on the
grade level of the principal building whereat the putrescible waste
is produced, created or maintained, which is no smaller in dimension
than is required to contain all of the putrescible waste maintained
on the premises between the times it is collected for removal from
the premises. An engineer's certification shall be required from the
operator of the establishment to assist the Building Inspector in
establishing the minimum necessary size of such refrigerated refuse
room.
C.
Existing commercial establishments. All commercial
establishments existing on the date that this section takes effect
shall come into compliance with the provisions hereof within 120 days
of the date of its adoption.
[Added 10-16-2007 by L.L. No. 13-2007]
A.
NONRESIDENTIAL USE
RESIDENTIAL USE
Definitions. For the purposes of this section alone,
the following terms and phrases shall have the meanings indicated:
Any use that is not a single-family detached dwelling, a
two-family detached dwelling or a use by the Village of Great Neck.
A single-family detached dwelling or a two-family detached
dwelling.
B.
All nonresidential uses that abut one or more residential
uses shall install, repair, maintain and replace, to the extent required
by the Building Department, for so long as such nonresidential uses
continue, the following, along their common boundary line with such
residential uses:
(1)
A six-foot-high fence.
(2)
A fifteen-foot landscaped buffer. Other than
said six-foot-high fence and an irrigation system, there shall be
no lighting fixtures or other aboveground structures within said buffer.
(3)
Landscaping with trees, shrubs and ground cover
within said fifteen-foot buffer of sufficient height and density to
minimize, to the extent practicable, the light and noise from the
nonresidential use to the adjacent residential area.
C.
The fencing, buffer and landscaping requirements herein
shall be subject to the approval of such board or committee of the
Village that is required to provide the site plan approval for the
proposed use or, if none is so required, by the Village Architectural
Review Committee.
[Added 2-19-2008 by L.L. No. 4-2008]
A.
Applicability. All outdoor compressors used in connection
with air-conditioning systems in all of the residential zoning districts
of the Village, other than the Apartment (E) and Mixed Use (MU) Districts,
shall be subject to the provisions of this section.
[Amended 4-5-2011 by L.L. No. 2-2011]
B.
Location. Outdoor compressors used in connection with
air-conditioning systems shall be located in the rear yard immediately
adjacent to the rear wall of the residence and at least 20 feet from
any property line.
[Amended 4-5-2011 by L.L. No. 2-2011]
C.
Waivers. In addition to the variance powers of the
Board of Appeals, the Committee of Architectural Review is hereby
empowered to grant waivers from the provisions of this section to
applicants who have difficulty complying with the placement and setback
provisions of this section, after considering the adverse impact of
the granting of such an application upon neighboring properties, utilizing
the following criteria and taking into account such other facts as
the Committee may deem relevant:
(1)
The alleged difficulty with compliance.
(2)
Financial impact of compliance.
(3)
The location of existing or proposed structures
in the rear and/or side yards.
(4)
The proposed equipment as to noise levels and
size.
(5)
The proposed screening, including but not limited
to fences, walls, shrubbery, and other visual and sound attenuation.
(6)
The location of the dwellings and other structures
on the adjacent premises.
(7)
The topography of the site.
(8)
The fact that the waiver seeks to legalize an
existing nonconforming compressor or for permission to replace an
existing nonconforming compressor. If such nonconformity is illegal,
such illegality shall be relevant to the decision of the Committee,
but shall not necessarily preclude the granting of the waiver.
D.
Notice. In addition to such other notice as may be
required by the Committee of Architectural Review, notice of the application
shall be given by the applicant to the owners of all of the properties
adjacent to the yard wherein the compressor is located or wherein
the applicant proposes to locate the compressor and to each other
owner of property within 20 feet of the location of the proposed compressor,
if any, by both certified mail, return receipt requested, and first
class mail.
E.
Conditions. In the granting of any waivers from the
provisions of this section, the Committee of Architectural Review
may impose such conditions as it deems reasonable to mitigate the
adverse impact, if any, which may result from such waivers.
F.
Notwithstanding anything in Subsections B through E of this section to the contrary, outdoor compressors used in connection with air-conditioning systems shall be permitted as of right in a side yard so long as they meet all of the following conditions:
[Added 4-5-2011 by L.L. No. 2-2011]
(2)
They must be certified by their manufacturers not to produce a continuous
airborne sound level in excess of 60 dBA. In the event that there
is more than one such compressor in a side yard, such certification
must show that all such compressors, when running simultaneously,
will not produce a continuous airborne sound level in excess of 60
dBA.
(3)
They are screened from the adjacent property to the side and from
the street by a full evergreen landscaped buffer, as approved by the
Building Inspector.
(4)
They are maintained in good operating condition at all times to assure
that they do not produce a continuous airborne sound level in excess
of 60 dBA
(5)
The said full evergreen landscaped buffer shall be maintained to
the satisfaction of the Building Inspector for so long as any such
unit remains in the side yard.
[Added 10-18-2011 by L.L. No. 7-2011]
A.
ELECTRIC GENERATOR
Definitions. As used within this section, the following terms shall
have the following meanings:
An outdoor device that is designed to be used as a temporary
generator of electricity for a dwelling when the electricity being
furnished to that dwelling by an off-site utility company is temporarily
disrupted for reasons other than nonpayment.
D.
Location. Electric generators shall be located in the rear yard,
immediately adjacent to the rear wall of the dwelling and at least
20 feet from any property line.
E.
Waivers. In addition to the variance powers of the Board of Appeals,
the Committee of Architectural Review is hereby empowered to grant
waivers from the provisions of this section to applicants who have
difficulty complying with the placement and setback provisions of
this section, after considering the adverse impact of the granting
of such an application upon neighboring properties, utilizing the
following criteria and taking into account such other facts as the
Committee may deem relevant:
(1)
The alleged difficulty with compliance.
(2)
The financial impact of compliance.
(3)
The location of existing or proposed structures in the rear
and/or side yards.
(4)
The proposed equipment, as to noise levels and size.
(5)
The proposed screening, including, but not limited to, fences,
walls, shrubbery, and other visual and sound attenuation.
(6)
The location of the dwellings and other structures on the adjacent
premises.
(7)
The topography of the site.
(8)
The fact that the waiver seeks to legalize an existing nonconforming
electric generator or seeks permission to replace an existing nonconforming
electric generator. If such nonconformity is illegal, such illegality
shall be relevant to the decision of the Committee but shall not necessarily
preclude the granting of the waiver.
F.
Notice. In addition to such other notice as may be required by the
Committee of Architectural Review, notice of the application shall
be given by the applicant to the owners of all of the properties adjacent
to the yard wherein the electric generator is located or wherein the
applicant proposes to locate the electric generator and to each other
owner of property within 20 feet of the location of the proposed electric
generator, if any, by both certified mail, return receipt requested,
and first-class mail.
G.
Conditions. In the granting of any waivers from the provisions of
this section, the Committee of Architectural Review may impose such
conditions as it deems reasonable to mitigate the adverse impact,
if any, that may result from such waivers.
H.
Notwithstanding anything in Subsections C through G of this section to the contrary, electric generators shall be permitted as of right in a side yard, so long as they meet all of the following conditions:
(2)
The manufacturer shall, in its specifications, or the Building
Inspector shall otherwise receive information believed reliable by
him or her that they will not produce a sound output when operating
at normal load in excess of 70 dB when measured at a distance of 23
feet.
[Amended 5-1-2012 by L.L. No. 10-2012]
(3)
They are screened from the adjacent property to the side and
from the street by a full evergreen landscaped buffer, as approved
by the Building Inspector.
(4)
They are maintained in good operating condition at all times
to assure that, at a full load, they do not exceed their respective
manufacturer's certification.
[Amended 5-1-2012 by L.L. No. 10-2012]
(5)
The said full evergreen landscaped buffer shall be maintained
to the satisfaction of the Building Inspector for so long as any such
electric generators remain in the side yard.
[Added 3-20-2012 by L.L. No. 7-2012]
No dwelling shall have more than one kitchen.
[Added 3-20-2012 by L.L. No. 7-2012]
A.
EMERGENCY EGRESS
ORIGINAL FLOOR AREA
SUBSTANTIALLY ALTERED
Definitions. As used in this section, the following terms shall have
the following meanings:
An operable opening directly into a public street, public
alley, yard, or court.
The floor area of the dwelling on the date when the construction
of the dwelling was first completed or on the date five years before
the instant application, whichever was the last date to occur.
An alteration that increases the floor area of the basement
and/or the cellar.
B.
Every basement and cellar in every new residential dwelling shall
have at least one emergency egress. Where a basement or cellar contains
one or more sleeping rooms, emergency egress shall be required in
each sleeping room, but shall not be required in adjoining areas of
the basement.
C.
If an emergency egress is by a window, the window shall have a sill
height of not more than 44 inches above the floor. If an emergency
egress has a finished sill height below the adjacent ground elevation,
it shall have a window well with a minimum horizontal area of nine
square feet and a minimum horizontal projection and width of 36 inches.
The area of the window well shall allow the emergency egress to be
fully opened.
D.
If an emergency egress is by a door that is provided with a bulkhead
enclosure, the bulkhead enclosure with the door panels in the fully
open position shall provide a minimum net clear opening of 5.7 square
feet, with the exception of grade floor openings, which shall have
a minimum net clear opening of five square feet.
E.
The net clear opening dimensions required by this section shall be
obtained by the normal operation of the emergency egress from the
inside.
F.
The provisions of this section shall apply to all dwellings wherein,
after March 31, 2012, the basement and/or cellar is either constructed
or substantially altered.
[Added 11-20-2012 by L.L. No. 16-2012]
A.
SECOND STORY
STAIR
STORY ABOVE GRADE
THIRD STORY
THREE-STORY DWELLING
Definitions. As used in this section, the following terms shall mean
and include:
A second story above grade.
A combination of treads or a combination of ladder rungs,
other than a pull-down attic stair for access to a third story.
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered as a story above
grade where the finished surface of the floor above the basement is
either:
A third story above grade.
Any dwelling that has three or more stories.
B.
Second story to third story stairs. Whenever stairs are provided from a second story to a third story, the entire structure shall be fully sprinklered in accordance with the requirements of the State Building Code, as defined in § 237-1 of this Code, and such third story shall be deemed "habitable space," subject to the fire and other safety requirements of the State Building Code, whether or not they are included as floor area or would otherwise be deemed habitable space pursuant to this Code or the State Building Code.
C.
Legally preexisting stair to a third story.
(1)
Notwithstanding anything to the contrary herein, a stair that received a certificate of occupancy prior to the adoption of this section or which was legally constructed at a time when no certificate of occupancy was required shall be exempt from the requirements of Subsection B of this section.
(2)
It shall be an affirmative defense in any prosecution for a
violation of this section that the stair was a legally preexisting
stair and qualifies for an exemption pursuant to this subsection.
[Added 12-4-2012 by L.L. No. 21-2012; amended 2-5-2013 by L.L. No.
3-2013]
No clothesline, clothes dryer, or clothes drying area shall
be erected or used outside of a building:
[Added 11-4-2014 by L.L. No. 12-2014]
On-site smoking businesses are prohibited within the Village.
[Added 12-15-2015 by L.L.
No. 9-2015]
The Board of Trustees may issue permits for conditional uses
and special exception uses, as provided in this chapter, subject to
such terms and conditions as the Board may deem necessary to safeguard
adjoining properties and the health, morals, safety and general welfare
of the community. In the consideration and determination of applications
for conditional uses or special exception uses, the Board shall consider
the following general standards as applied to the specific application:
A.
The purpose of zoning as set forth in the Village Law of the State
of New York and uses permitted in the district in which the property
is located.
B.
Whether the proposed use is of such character, size, location, design
and site layout as to be appropriate to and in harmony with the surrounding
properties.
C.
Whether the proposed use will provide a desirable service, facility
or convenience to the area or otherwise contribute to the proper growth
and development of the community and to its general welfare.
D.
Whether the proposed use will be hazardous, conflicting or incongruous
to the immediate neighborhood by reason of excessive traffic, assembly
of persons or vehicles, proximity to travel routes or congregations
of children or pedestrians.
E.
Whether the proposed use will be of such nature as to be objectionable
to nearby residential dwellings by reason of noise, lights, vibration
or other factors of impact.
F.
Whether the proposed use will be a harmonious use in the district
in which it is to be situated and not hinder or discourage the appropriate
use and development of adjacent uses or impair the value thereof.
G.
In addition to the foregoing, the location and size of a proposed
use in a business or waterfront development district, the nature and
intensity of the operations proposed and the site layout and its relation
to access streets shall be considered by the Board having jurisdiction
of the application to determine whether the vehicular traffic resulting
from such use will be more hazardous than the normal traffic of the
district, taking into account such factors as street intersection,
traffic flow, sight distances and pedestrian traffic.
H.
With respect to places of public assembly, including but not limited
to theaters, restaurants, schools, churches, assembly halls, etc.,
the Board shall ensure that there are adequate on-premises parking
facilities to handle the maximum projected attendance.
I.
The conversion of any existing office to a medical/professional office
shall require a special permit in accordance with the provisions of
this section.
J.
In granting an application for a special permit use or conditional
use pursuant to this section, the Board of Trustees shall have the
authority to grant minor adjustments to the dimensional (i.e., area)
zoning requirements affecting the lot, or lots, which are the subject
of the application. Such adjustments may in no event exceed 5% of
the maximum or minimum dimensional requirement from which relief is
requested.
K.
Upon receipt of an application pursuant to this section, the Board
of Trustees may refer the application to Great Neck Planning Board
or Great Neck Zoning Board of Appeals for a report and recommendation
on all or part of the application, as the Board deems necessary and
prudent.
L.
Special permits and conditional uses granted pursuant to this section shall be subject to the time restrictions and extension procedures applied to zoning variances, as set forth in § 575-196 of this chapter, except that requests for extensions on special permit uses and conditional uses shall be made to the Board of Trustees.
[Added 12-21-2021 by L.L. No. 4-2022]
Where a building and/or lot in one ownership spans two or more
districts, the following shall apply:
A.
Each
building's and/or lot's use shall comply with the permitted uses (whether
as of right, conditional, special permit, or by incentive grant) of
the district in which the use is situated.
B.
Each
building's and/or lot's dimensional requirements shall comply with
the dimensional requirements of the district in which each portion
of the building and/or lot is situated.
C.
Nothing
in this section shall relieve any party of any other responsibility
under any other law.
