[Added 5-15-1996 by L.L. No. 6-1996;
amended 6-26-1996 by L.L. No. 9-1996]
A. The following regulations shall be applicable in the
R-GP Groundwater Protection Overlay District, which shall consist
of all real property located in the R-1 District of the Village of
North Hills north of the Long Island Expressway. The regulations set
forth in this section shall be in addition to any other regulations
otherwise applicable to the development or use of such real property.
No use or development of property in the R-GP Groundwater Protection
Overlay District shall be permitted unless such use or development
conforms to the regulations and requirements otherwise applicable
in the R-1 District and the regulations and requirements provided
in this section.
B. No building permit shall be issued for any use permitted
in an R-GP District unless the applicant has first obtained all approvals
as required by law.
C. Residential uses in the R-GP Groundwater Protection
Overlay District shall be limited to residential single-family attached
or detached dwellings, with total average density not more than one
unit per five acres.
D. Residential detached dwelling units shall conform
to the following regulations:
(1) The minimum lot area shall be 217,800 square feet.
(2) The minimum lot width shall be 300 feet.
(3) The minimum street frontage of each lot shall be 150
feet.
(4) The minimum front yard setback shall be 150 feet.
(5) The minimum individual side yard setback shall be
50 feet and the aggregate side yard setback shall be at least 125
feet.
(6) The minimum rear yard setback shall be 150 feet.
(7) No building shall exceed 2 1/2 stories or 35
feet in height.
(8) The minimum floor area shall be 2,000 square feet.
(9) The maximum building coverage shall be 5%.
E. Residential attached dwelling units shall conform
to the following:
(1) The maximum density shall be one dwelling unit per
five gross acres, and the minimum area of any one lot shall be 50,000
square feet.
(2) The minimum area of the site shall be 50 acres.
(3) The maximum allowable building coverage shall be 5%
of the total site.
(4) No building shall exceed 2 1/2 stories or 35
feet in height.
(5) The minimum floor area per dwelling unit shall be
1,500 square feet.
(6) All structures shall be set back from all boundary
lines a minimum of six times the height of such structures.
(7) At least 60% of the total area of the site shall be
open space.
[Added 8-9-1994 by L.L. No. 2-1994]
A. Findings. Pursuant to the authority vested in it by
Village Law § 7-703, and utilizing the definitions of terms
contained in that law (which definitions are incorporated herein by
reference) and after evaluation of the effects of potential incentives
which are possible by virtue of the provision of community amenities,
the Board of Trustees of the Village of North Hills hereby finds that
the R-3 District contains adequate resources, environmental quality
and public facilities (including adequate transportation, water supply,
waste disposal and fire protection) to permit the authorization of
the incentives or bonuses hereinafter specified for property located
in said zoning district. The Board of Trustees hereby further finds
that there will be no significant environmentally damaging consequences
if incentives or bonuses are awarded as provided herein and that such
incentives or bonuses are compatible with the development otherwise
permitted in the R-3 District. The Board of Trustees further finds
that the provision of the system of zoning incentives or bonuses provided
for in this section will not have any impact upon the potential development
of affordable housing gained by the provision of any such incentive
or bonus afforded to an applicant or lost in the provision to the
Village by an applicant of any community amenity.
B. Designation of district. The Board of Trustees hereby
designates the R-3 District as the zoning district in which incentives
or bonuses may be awarded, as provided in this section.
C. Procedure for applications for award of incentives
or bonuses.
(1) Applications for award of incentives or bonuses shall
be made to the Board of Trustees in writing, on a form designated
by the Village, on or before January 1, 1997. Such applications shall
contain, at a minimum:
[Amended 5-15-1996 by L.L. No. 7-1996]
(a)
A statement of the name, address and telephone
number of the owner and the applicant.
(b)
The street address and tax map designation of
the property which is the subject of the application.
(c)
An identification of the zoning district of
the subject property.
(d)
A statement as to the existing and proposed
uses of the subject property.
(e)
A statement identifying each of the incentives
and bonuses which are being requested by the applicant pursuant to
this section.
(f)
A map of the subject property, drawn to scale,
showing the existing and proposed lots and rights-of-way and any other
proposed changes from the previously approved subdivision or site
plans.
(g)
Any other documentation which may be required
by law.
(2) Each applicant for an incentive or bonus shall comply
with the requirements of Article 8 of the Environmental Conservation
Law, including the preparation of an environmental assessment form
or, if required by the Board of Trustees, a draft environmental impact
statement and/or a supplemental and/or final environmental impact
statement, if necessary. In the event that the lead agency has prepared
or caused to be prepared a generic environmental impact statement
(GEIS) in connection with the adoption of this section, the lead agency
may require that the applicant pay a proportionate share of the cost
of preparing such GEIS pursuant to applicable provisions of the regulations
enacted pursuant to Article 8 of the Environmental Conservation Law.
D. Permitted incentives or bonuses. After a public hearing
as required by law, the Board of Trustees, in a proper case, may grant
one or more of the following incentives or bonuses, notwithstanding
any other provision of this chapter to the contrary:
(1) An increase in the permitted building coverage of
a site to not more than 18% of the entire site (which coverage shall
be exclusive of swimming pools, decks, patios, tennis courts, gazebos,
whirlpools, hot tubs, reflective pools, children's play equipment,
children's sandboxes, paddle tennis courts and trellises).
(2) Fences with a height not to exceed six feet may be constructed in the rear and side yards, and fences and decorative garden walls with a height not to exceed four feet may be constructed in the front yards, of lots designated on the approved plan, with a building permit from the Building Department, and no other permit shall be required notwithstanding the provisions of Village Code §
215-33. Except as otherwise provided in this subsection, such fences shall comply with the requirements of Village Code §
215-33A(1).
(3) Wherever the approved subdivision plan indicates the
location of proposed semi-attached homes, detached homes may be constructed
notwithstanding the minimum requirements for distances between buildings,
provided that the detached homes are each located within the indicated
building lots.
(4) Notwithstanding any other provision in this Code,
the open space areas of the site may include tennis courts, kiddy
pools, hot tubs, lap pools, gazebos, reflective ponds, children's
play equipment, children's sandboxes, paddle tennis courts, trellises
and other structures accessory to principal structures, provided that
the location of all such uses and structures shall be approved as
part of the approval for a building permit for such structures, and
further provided that the total amount of open space on the site may
not be less than 30%.
(5) Notwithstanding the provisions of Village Code §
215-35C, a reduction or waiver of the requirements for off-street common parking spaces per dwelling unit.
[Added 7-2-1996 by L.L. No. 10-1996]
E. Community benefits or amenities which may be accepted
from the applicant by the Village.
(1) The community benefits or amenities which the Board
of Trustees may determine shall be provided by any such applicant
upon the granting of any such application for an award of incentives
or bonuses and which the Village may accept from an applicant are
land, buildings or improvements, alterations or renovations to land
or buildings, to provide open space or parks, elder care or day care,
public community centers or recreation centers, including such centers
specifically designed for the young or the elderly, educational or
library facilities, swimming pools and other recreational facilities
and such other specific physical or cultural amenities as the Board
of Trustees may determine to be of benefit to the residents of the
community.
(2) Where the Board of Trustees determines that a suitable
community amenity or benefit is not immediately feasible or otherwise
not practical, the Board of Trustees may require, in lieu thereof,
in whole or in part, a payment to the Village of a sum of money, at
a time or times to be determined by the Board of Trustees. Where the
Board of Trustees determines that such sum should be accepted in lieu
of other community benefit or amenity, such sum shall be maintained
by the Village in a trust fund to be used by the Board of Trustees
exclusively for one or more specific community benefits as are or
may be authorized by the Board of Trustees.
F. Additional community benefits or amenities which the
Village may accept from the applicant. (Reserved)
G. Criteria for approval.
(1) The granting of an application for incentives or bonuses
shall be in the sole discretion of the Board of Trustees. Where the
Board of Trustees determines to approve such an application, the Board
may do so in whole or in part and upon reasonable terms and conditions
as may be determined by the Board of Trustees.
(2) No such application shall be granted, in whole or
in part, except where the entire site of the project where such award
is to be made consists of at least 50 contiguous acres.
(3) No such application may be granted, in whole or in
part, except upon a determination by said Board that such approval
will be:
(a)
In the best interests of the Village of North
Hills and its residents.
(b)
Compatible with the surrounding uses of properties.
(c)
Such that there will be no significant adverse
environmental impacts which will result from the use of the incentives
or bonuses.
(d)
Such that there will be no gain or loss resulting
therefrom upon potential affordable housing or, if there will be such
gain or loss, that there is approximate equivalence between potential
affordable housing lost or gained or that the Village has taken or
will take reasonable action to compensate for any negative impact
upon the availability or potential development of affordable housing.
(e)
Upon such terms and conditions as may be prescribed
by the Board of Trustees, including such conditions as, in the sole
judgment of said Board, will fully mitigate any adverse environmental
impacts which may result from the use of the incentives or bonuses.
(f)
Upon such terms and conditions as may be prescribed
by the Board of Trustees to ensure, in the opinion of said Board,
that the community benefits and amenities to be provided in exchange
for such incentives or bonuses have a value fairly proportionate to
the value of the incentives or bonuses being granted by the Board
of Trustees.
(4) The determination by the Board of Trustees whether
to grant bonuses or incentives shall be final and conclusive.
H. Changes. If, after the provision and acceptance by
the Village of the community benefits or amenities to be provided
by the applicant pursuant to an application approved under this section
or after the payment of sums of money in lieu of such community benefits
and amenities, any action is commenced by any person other than the
applicant, or a person or entity acting for or on behalf of the applicant,
and as a result of the final determination of said action the applicant
is required to forego, withhold or forfeit some or all of the rights
granted by such incentives or bonuses, then the Village shall make
restitution to the applicant for the community benefits or amenities
provided or money paid in lieu thereof. Such restitution shall be
in proportion to the value of the incentives or bonuses of which the
applicant is deprived by reason of such final determination.
I. Where an incentive zoning approval has been granted
pursuant to this section, the Code Enforcement Officer may, in his
discretion, permit the owner of the property to locate authorized
accessory buildings or structures, including swimming pools, whirlpools,
decks, patios, gazebos, kiddy pools, hot tubs and lap pools, on any
lot, except in any front yard.
[Added 9-23-1998 by L.L. No. 3-1998]
[Added 7-25-2001 by L.L. No. 2-2001]
A. In the R-3 District, the Board of Trustees may, in
its sole discretion, and after a public hearing held as provided in
this section, permit a lot or premises to be developed and used for
R-3 incentive development, as an incentive use pursuant to Village
Law § 7-703, and for no other use except as otherwise provided
herein, if the said use is located on a lot having a total area not
less than 18 acres.
B. Nothing contained herein shall be construed to give
any right or presumption of right to an incentive use permit to any
applicant.
C. No incentive use permit shall be issued pursuant to
this section unless the Board of Trustees has made a determination
that such a permit is authorized and warranted under the standards
set forth herein. Such incentive use permit shall not be considered
a special use permit, nor a conditional use permit, for the purposes
of determining the standards to be applied in judicial review of any
determination to deny or grant such a permit, and shall instead be
solely within the discretion of the Board of Trustees.
D. Applications.
(1) An applicant for an incentive use permit for an R-3
incentive development permitted by this section shall provide to the
Board such information as would be required of an applicant for a
change of zone.
(2) An application for an incentive use permit pursuant
to this section shall be made no later than September 1, 2001. An
application for such permit made prior to the effective date of this
section may be considered by the Board of Trustees in the same manner
as such an application made on or after such effective date. An application
for such permit made prior to September 1, 2001, may be amended after
that date, but only with respect to the same property which was the
subject of the initial application.
E. Buildings and land in the R-3 District used for an
R-3 incentive development use shall conform to all requirements for
the R-3 District, and also may be used for one or more accessory uses
authorized by this Code for such zoning district. Notwithstanding
the foregoing, at the time of granting an R-3 incentive development,
the Board of Trustees, as a condition of such permit, may:
(1) Allow development of such property for single-family
attached residences in accordance with the provisions applicable in
the R-7 District.
(2) Require the owner of the property, on its own behalf
and on behalf of its successors and assigns, to waive and relinquish
any right to seek or obtain any variance of the zoning regulations
or conditions applicable to such property.
F. Further authority of the Board of Trustees. At the
time of approval of an incentive use permit, or within four years
after the approval of an incentive use permit pursuant to this section,
and upon the written application of the property owner or the authorized
agent of such owner, the Board of Trustees may also exercise the following
powers and authority with respect to any property which is the subject
of such incentive use permit:
[Amended 9-29-2004 by L.L. No. 2-2004]
(1) To remove, cancel, modify or amend, or consent to
the removal, cancellation, modification or amendment of, any existing
easements, covenants and restrictions, or prior approvals or conditions
of prior approvals of development on the site, provided that such
removal, cancellation, modification or amendment shall not authorize
any development, building, structure or use except that which is authorized
pursuant to the zoning regulations of the Village, including any use
or development authorized pursuant to an incentive zoning permit pursuant
to this section. To the extent that any such prior approval may have
vested the authority to grant any such removal, cancellation, modification
or amendment in the Planning Board, such power and authority also
shall be vested in the Board of Trustees.
(2) To modify or amend any subdivision or site plan approval
granted with respect to such property, either prior to the approval
of an incentive use permit or subsequent thereto.
(3) To exercise with respect to any property which is
the subject of an incentive use permit granted pursuant to this section,
and any buildings or structures located or proposed to be located
thereon, all of the powers otherwise vested in the Planning Board
or the Architectural Review Board or either of them.
(4) To grant such subdivision, site plan or architectural
review approvals as may otherwise be vested within the authority of
the Planning Board or Architectural Review Board, including waivers
as may be within the authority of either such Board.
(5) To grant such variances of the zoning regulations
otherwise applicable with respect to locations of buildings on sites,
as may be granted by the Board of Appeals.
G. Provisions for public amenities.
(1) An applicant for an incentive permit for an R-3 incentive
development may apply for such permit by providing to the Board, in
addition to any other plans for the development of property for which
such permit is proposed, a proposal for the provision of public amenities,
including facilities for public use, and whether by transfer, gift,
lease, easement or otherwise, to the extent that the same may be acceptable
to the Board of Trustees, and feasible and adequate. The determination
whether any such plan is acceptable, feasible, adequate or in a form
acceptable to the Village shall rest in the sole and unfettered discretion
of the Board of Trustees.
(2) If the Board of Trustees, after public hearing, finds
said plan to be feasible and acceptable and finds that said plan shall
not result in any additional or excessive expense to the Village,
then the Board of Trustees may grant incentives in the form of permission
for an incentive use authorized by this section.
(3) In connection with the grant of incentive rights under
this section, the Board of Trustees may impose any additional terms
and conditions which it finds necessary and appropriate to effectively
secure for the Village the benefit of one or more community amenities,
or cash in lieu thereof.
H. Public hearing. No incentive use permit shall be granted
pursuant to this section except after a public hearing before the
Board of Trustees. The said public hearing shall be held and conducted
in the same manner as if it were a public hearing on an application
to the Board of Trustees for a change of zone.
[Added 5-19-2004 by L.L. No. 1-2004;
amended 7-20-2005 by L.L. No. 4-2005; 12-19-2012 by L.L. No. 2-2012]
A. In the R-3 District, the Board of Trustees may, in its sole discretion,
and after a public hearing held as provided in this section, allow
one or more buildings to be erected, altered or used and a lot or
premises to be developed and used for enhanced development, as an
incentive use, and for no other use except as otherwise provided herein,
if said use is located on a lot having a total area not less than
10 acres, with at least 500 feet of frontage on a state or county
road. The Board of Trustees also may, in its sole discretion and after
a public hearing, permit amendment of any incentive zoning development
permit previously issued pursuant to this section, to grant any additional
or different approvals for a development which are authorized pursuant
to this section but which are not included in the previously granted
approval.
B. Nothing contained herein shall be construed to give any right or
presumption of right to an incentive use permit or amendment to any
applicant. Such incentive use permit shall not be issued or amended
unless the Board of Trustees has made a determination that such a
permit is authorized and warranted under the standards set forth herein.
Such incentive use permit shall not be considered a special use permit
or a conditional use permit for the purposes of determining the standards
to be applied in judicial review of any determination to deny or grant
such a permit and shall instead be solely within the discretion of
the Board of Trustees.
(1) An applicant for an incentive use permit for development permitted
by this section or for an amendment of any such incentive use permit
shall provide to the Board such information as would be required of
an applicant for a change of zone.
(2) An application for an incentive use permit pursuant to this section
shall be made no later than July 1, 2004. An application for such
permit made prior to that date may be amended after that date, but
only with respect to the same property which was the subject of the
initial application. An application for amendment of an incentive
use permit previously issued pursuant to this section shall be made
at any time after approval of a permit or amended permit.
C. Buildings and land in the R-3 District used for an incentive development
pursuant to this section shall conform to all requirements for the
R-3 District or as permitted pursuant to this section, and also may
be used for one or more accessory uses authorized by this Code for
such zoning district. Notwithstanding the foregoing, in approving
an incentive development permit pursuant to this law, or in approving
an amendment to a previously approved incentive development permit
issued pursuant to this section, the Board of Trustees, as a condition
of such approval, may:
(1) Allow the minimum site area to be reduced to not less than 10 acres
and permit subdivision of the property into lots, plots, blocks, sites
and/or units.
(2) Allow the minimum open space on the site to be reduced to not less
than 40%.
(3) Establish the maximum permitted density at not more than 15 units
per acre.
(4) Allow the use of such property for the principal use of residential
single-family attached or detached cluster dwellings, with total average
density not to exceed 15 units per acre, and with total number of
units permitted in any one building not to exceed 30 units; provided,
however, that so long as an amendment does not increase the previously
authorized total number of units, a previously approved plan may be
amended to permit an allocation of units such that no more than 32
units are located in any individual building.
(5) Require a minimum floor area per unit not less than 1,500 square
feet.
(6) Require a minimum front setback from the inside curb of any road,
other than a state road, of not less than 15 feet and, in the case
of a state road, a minimum setback of not less than 100 feet.
(7) Establish maximum building coverage at not more than 30%.
(8) Permit a minimum distance between buildings of not less than 30 feet.
(9) Establish the minimum number of parking spaces to be provided at
not less than two per dwelling unit. All parking spaces in the project
shall be underground or fully enclosed within a principal residential
building (except for necessary ingress and egress points). With the
permission of the Board of Trustees, and subject to conditions determined
by the Board of Trustees, outdoor short-term convenience parking spaces
may be provided.
(10)
Require minimum width of private street rights-of-way within
the site of not less than 32 feet and paved portions not less than
20 feet curb to curb.
(11)
Allow sidewalks with minimum width not less than five feet.
(12)
Waive any requirement for payment to the park and recreation
fund.
(13)
Permit storage of topsoil off site.
(14)
Permit a building height not to exceed four residential stories
and 60 feet in overall height. No part of any residential unit shall
exceed the sixty-foot height limitation, whether or not such part
is intended for occupancy and whether or not such part consists of
open space.
(15)
Grant such area variances and permits as may be granted by the
Board of Appeals.
D. Provisions for public amenities.
(1) An applicant for an incentive permit or amendment of a permit previously
approved pursuant to this section may apply for such permit or amendment
by providing a plan to the Board for the provision of public amenities,
including facilities for public use, and whether by transfer, gift,
lease, easement or otherwise, to the extent that the same may be acceptable
to the Board of Trustees, and feasible and adequate. The determination
whether any such plan is acceptable, feasible, adequate, or in a form
acceptable to the Village shall rest in the sole and unfettered discretion
of the Board of Trustees.
(2) If the Board of Trustees, after public hearing, finds said plan to
be feasible and acceptable and finds that said plan shall not result
in any additional or excessive expense to the Village, then the Board
of Trustees may grant incentives in the form of permission for an
incentive use authorized by this section or amendment of a prior such
approval.
(3) In connection with the grant of incentive rights under this section
or amendment of a prior grant of such rights, the Board of Trustees
may impose any additional terms and conditions which it finds necessary
and appropriate to effectively secure for the Village the benefit
of one or more community amenities, or cash in lieu thereof.
E. Public hearing. No incentive use permit or amendment to a previously
approved incentive zoning permit shall be granted pursuant to this
section except after a public hearing before the Board of Trustees.
Said public hearing shall be held and conducted in the same manner
as if it were a public hearing on an application to the Board of Appeals
for a change of zone.
F. Requirement for Planning Board approval. An incentive use permit application, or an amendment of a previously approved application, for development pursuant to this section may include a subdivision plan, or amendment to a previously approved subdivision plan, in accordance with the requirements of Chapter
179 of this Code. In such event, the requirements of Chapter
179 for sketch plan and preliminary plat approval may be waived by the Board of Trustees. In approving such an application for an incentive use permit or amendment of a prior such permit, the Board of Trustees shall have the powers of the Planning Board with respect to final plan approval, and amendment of final plan approval, and all other related matters with respect to the uses and development shown on said plan(s). In addition, with respect to the incentive development of property pursuant to this section, and until such time as a certificate of occupancy has been issued for all buildings and structures shown in the plan approved as part of the incentive zoning permit, the Board of Trustees shall have the powers of the Architectural Review Board with respect to any such buildings or structures.
[Added 11-17-1993 by L.L. No. 12-1993]
A. No building shall be erected, altered or used nor
shall any premises be used for any purpose other than those set forth
in this section.
B. No building permit shall be issued for any use permitted
in an R-7A District unless the applicant has first obtained building
permit and subdivision or site plan approval as required by law.
C. Permitted principal uses shall be limited to the following:
(1) Noncommercial membership clubs, subject to the requirements
applicable in an R-1 District and with the permission of the Board
of Trustees.
[Amended 6-28-1995 by L.L. No. 6-1995]
(2) Residential attached cluster dwelling units conforming
to a total average density of no more than seven units per acre.
(3) Religious uses, subject to the provisions of this
chapter and with the permission of the Board of Trustees.
[Amended 6-28-1995 by L.L. No. 6-1995]
(4) Educational institutions, subject to the provisions
of this chapter, with a minimum site area of eight acres, and with
the permission of the Board of Trustees.
[Amended 6-28-1995 by L.L. No. 6-1995]
D. Residential cluster dwelling units shall conform to
the following regulations:
(1) Existing structures may be incorporated into the overall
design.
(2) The minimum area of the site shall be at least eight
acres.
(3) Every dwelling unit shall have pedestrian access to
a street, court, walkway or equivalent, designed for public use.
(4) At least 30% of the total area of the site shall be
open space.
(5) No building may contain more than seven dwelling units,
except that the Planning Board may permit buildings to contain eight
units where a subdivision or site plan is being approved pursuant
to applicable law.
(6) The minimum floor area of each unit shall be 875 square
feet.
(7) The front yard setback of each building shall be at
least 25 feet.
(8) The maximum height of each building shall be 2 1/2
stories or 30 feet.
(9) The maximum building coverage shall be 25% of the
site.
(10)
The minimum distance between buildings shall
be 30 feet.
(11)
Off-street parking shall be at least three spaces
per dwelling unit, of which at least two spaces shall be enclosed.
(12)
No structures or accessory uses shall be located
in a front yard.
(13)
Accessory uses shall be limited to those permitted
in an R-1 District.
(14)
Deed restrictions, in a form approved by the
Village Attorney, shall be recorded as to all open spaces and amenities
to require such spaces to remain open space and not be further subdivided.
[Added 3-26-1997 by L.L. No. 5-1997]
A. No building shall be erected, altered or used, nor
any premises used, for any principal or accessory use other than those
permitted by this section.
B. No building permit shall be issued for any building
or structure in an R-NH District unless the applicant has first obtained
subdivision or site plan approval as required by law.
C. Permitted principal uses shall be limited to the following:
(1) Residential single-family detached dwellings on plots
of no less than 20,000 square feet.
(2) Religious uses, subject to the provisions of this
chapter, and with the permission of the Board of Trustees.
(3) Noncommercial membership clubs, subject to the requirements
applicable in an R-1 District, and with the permission of the Board
of Trustees.
D. Except as otherwise provided in this section or otherwise
expressly provided by law, all uses and development in the R-NH District
shall be in conformity with the regulations applicable in the R-3
District.
E. Property in the R-NH District owned by the Village
of North Hills shall be exempt from the provisions of this chapter,
and may be used for any use authorized by the Board of Trustees of
the Village of North Hills, subject only to such terms and conditions
as may be imposed by the Board of Trustees.
[Added 7-24-2002 by L.L. No. 1-2002]
Commercial uses and recreational-cultural uses
shall be permitted in the C-1 District as set forth herein.
A. Permitted principal uses in the C-1 District shall
be:
(1) Professional, financial, managerial or editorial offices
or offices or labs for research and development, but not wholesale
or retail sales.
(4) Educational institutions, subject to provisions of
this chapter.
(5) Other cultural uses as recognized by the New York
State Department of Education or the New York State Council on the
Arts.
(7) Any use permitted in an R-1 District (in the event
of which all provisions of this chapter pertaining to such district
shall be applicable).
B. The minimum area of the site shall be five acres.
C. The maximum floor area ratio shall be 0.5 (FAR).
D. At least 25% of the lot shall be open space, of which
40% shall be an intact parcel.
E. The front yard setback of each building shall be not
less than 100 feet.
F. The rear yard setback of each building shall be not
less than 100 feet.
G. The side yard setback of each building shall be not
less than 50 feet.
H. The maximum building height shall be 52 feet or four
stories.
[Amended 2-20-1996 by L.L. No. 2-1996]
I. The maximum building coverage shall be 20% of the
lot.
J. Loading bays shall conform to the following requirements:
(1) All loading bays shall be a minimum of 14 feet by
35 feet.
(2) Office and lab uses shall have one loading bay for
the first 10,000 square feet, plus one for each additional 50,000
square feet of floor area or part thereof.
(3) Cultural uses shall have at least one loading bay.
(4) All loading bays shall be fenced, landscaped and/or
bermed to visually screen such area.
K. No driveway, access road or parking area shall be
within 20 feet of any property line.
L. Accessory uses shall be limited to those uses permitted by §
215-25 of this Code. All accessory uses shall require a permit from the Board of Appeals, except that the Planning Board may grant a permit for an accessory use (other than a sign or home occupation) shown on a subdivision or site plan approved by the Planning Board.
[Added 5-25-1983 by L.L. No. 9-1983;
amended 9-18-2019 by L.L. No. 3-2019]
[Added 2-20-1996 by L.L. No. 3-1996]
Commercial uses and recreational-cultural uses
shall be permitted in the C-1A District as set forth herein.
A. All uses shall conform to the regulations applicable
in the C-1 District, except as otherwise set forth in this section.
B. Notwithstanding the provisions applicable in the C-1
District, the floor area ratio in the C-1A District shall not exceed
0.348.
[Added 2-20-1996 by L.L. No. 4-1996]
A. Findings. Pursuant to the authority vested in it by
Village Law § 7-703, and utilizing the definitions of terms
contained in that law (which definitions are incorporated herein by
reference), and after evaluation of the effects of potential incentives
which are possible by virtue of the provision of community amenities,
the Board of Trustees of the Village of North Hills hereby finds that
the C-1A District contains adequate resources, environmental quality
and public facilities (including adequate transportation, water supply,
waste disposal and fire protection) to permit the authorization of
the incentives or bonuses hereinafter specified for property located
in said zoning district. The Board of Trustees hereby further finds
that there will be no significant environmentally damaging consequences
if incentives or bonuses are awarded as provided herein, and that
such incentives or bonuses are compatible with the development otherwise
permitted in the C-1A District. The Board of Trustees further finds
that the provision of the system of zoning incentives or bonuses provided
for in this section will not have any impact upon the potential development
of affordable housing gained by the provision of any such incentive
or bonus afforded to an applicant or lost in the provision to the
Village by an applicant of any community amenity.
B. Designation of district. The Board of Trustees hereby
designates the C-1A District as the zoning district in which incentives
or bonuses may be awarded, as provided in this section.
C. Procedure for applications for award of incentives
or bonuses.
(1) Applications for award of incentives or bonuses shall
be made to the Board of Trustees in writing, on a form designated
by the Village. Such applications shall contain, at a minimum:
(a)
A statement of the name, address and telephone
number of the owner and the applicant.
(b)
The street address and Tax Map designation of
the property which is the subject of the application.
(c)
An identification of the zoning district of
the subject property.
(d)
A statement as to the existing and proposed
uses of the subject property.
(e)
A statement identifying each of the incentives
and bonuses which are being requested by the applicant pursuant to
this section.
(f)
A map of the subject property, drawn to scale,
showing the existing and proposed lots and rights-of-way and any other
proposed changes from the previously approved subdivision or site
plans.
(g)
Any other documentation which may be required
by law.
(2) Each applicant for an incentive or bonus shall comply
with the requirements of Article 8 of the Environmental Conservation
Law, including the preparation of an environmental assessment form
or, if required by the Board of Trustees, a draft environmental impact
statement and/or a supplemental and/or final environmental impact
statement, if necessary. In the event that the lead agency has prepared
or caused to be prepared a generic environmental impact statement
(GEIS) in connection with the adoption of this section, the lead agency
may require that the applicant pay a proportionate share of the cost
of preparing such GEIS pursuant to applicable provisions of the regulations
enacted pursuant to Article 8 of the Environmental Conservation Law.
D. Permitted incentives or bonuses. After a public hearing
as required by law, the Board of Trustees, in a proper case, may grant
one or more of the following incentives or bonuses, notwithstanding
any other provision of this chapter to the contrary:
(1) An increase (not to exceed 25%) in the permitted maximum
number of stories and permitted building height.
(2) A reduction (not to exceed 60%) in the required number
of loading docks (bays).
(3) A reduction (not to exceed 25%) in the required setback
of parking areas from property lines.
(4) A reduction (not to exceed 10%) in the required size
of parking spaces.
(5) A reduction (not to exceed 10%) in the required number
of off-street parking spaces.
(6) An increase (not to exceed 200%) in the number of
permitted ground signs per building.
(7) An increase (not to exceed 100%) in the permitted
size of any ground sign.
(8) An increase (not to exceed 50%) in the maximum permitted
floor area ratio.
E. Community benefits or amenities which may be accepted
from the applicant by the Village.
(1) The community benefits or amenities which the Board
of Trustees may determine shall be provided by any such applicant
upon the granting of any such application for an award of incentives
or bonuses, and which the Village may accept from an applicant, are
land, buildings or improvements, alterations or renovations to land
or buildings, to provide open space or parks, elder care or day care,
public community centers or recreation centers, including such centers
specifically designed for the young or the elderly, educational or
library facilities, swimming pools and other recreational facilities,
or such other specific physical or cultural amenities as the Board
of Trustees may determine to be of benefit to the residents of the
community.
(2) Where the Board of Trustees determines that a suitable
community amenity or benefit is not immediately feasible, or otherwise
not practical, the Board of Trustees may require, in lieu thereof
in whole or in part, a payment to the Village of a sum of money, at
a time or times to be determined by the Board of Trustees. Where the
Board of Trustees determines that such sum should be accepted in lieu
of other community benefit or amenity, such sum shall be maintained
by the Village in a trust fund to be used by the Board of Trustees
exclusively for one or more specific community benefits as are or
may be authorized by the Board of Trustees.
F. Criteria for approval.
(1) The granting of an application for incentives or bonuses
shall be in the sole discretion of the Board of Trustees. Where the
Board of Trustees determine to approve such an application, the Board
may do so in whole or in part, and upon reasonable terms and conditions
as may be determined by the Board of Trustees.
(2) No such application may be granted, in whole or in
part, except upon a determination by said Board that such approval
will be:
(a)
In the best interests of the Village of North
Hills and its residents.
(b)
Compatible with the surrounding uses of properties.
(c)
Such that there will be no sufficient adverse
environmental impacts which will result from the use of the incentives
or bonuses.
(d)
Upon such terms and conditions as may be prescribed
by the Board of Trustees, including such conditions as, in the sole
judgment of said Board, will fully mitigate any adverse environmental
impacts which may result from the use of the incentives or bonuses.
(e)
Upon such terms and conditions as may be prescribed
by the Board of Trustees to ensure, in the opinion of said Board,
that the community benefits and amenities to be provided in exchange
for such incentives or bonuses have a value fairly proportionate to
the value of the incentives or bonuses being granted by the Board
of Trustees.
(3) The determination by the Board of Trustees whether
to grant bonuses or incentives shall be final and conclusive.
G. Changes. If, after the provision and acceptance by
the Village of the community benefits or amenities to be provided
by the applicant pursuant to an application approved under this section,
or after the payment of sums of money in lieu of such community benefits
and amenities, any action is commenced by any person other than the
applicant, or a person or entity acting for or on behalf of the applicant,
and as a result of the final determination of said action the applicant
is required to forego, withhold or forfeit some or all of the rights
granted by such incentives or bonuses, then the Village shall make
restitution to the applicant for the community benefits or amenities
provided or money paid in lieu thereof. Such restitution shall be
in proportion to the value of the incentives or bonuses of which the
applicant is deprived by reason of such final determination.
[Added 10-27-1982 by L.L. No. 21-1982]
A. With the permission of the Board of Trustees, in accordance
with the provisions of this section, and upon such terms and conditions
established by the Board of Trustees in granting such permission,
property in the R-1, R-3, R-5 or R-7 Districts may be used for divided
dwellings in place of the uses otherwise permitted by the Zoning Code.
B. Definitions. As used in this section, the following
terms shall have the indicated meanings except where the context clearly
indicates otherwise:
DIVIDED DWELLING
An estate building which is divided into two or more dwelling
units.
DWELLING UNIT
A building or portion thereof providing separate and complete
living and cooking facilities for one family, except that a common
entrance may be permitted by the Board of Trustees.
ESTATE BUILDING
A structure in existence on May 1, 1932, and having a total
floor area (excluding basements, attics and garages) of not less than
8,000 square feet on May 1, 1932, and at the time of application,
and having historical or unique architectural significance as determined
by the Board of Trustees.
ESTATE COMPLEX
A lot having an area of six or more contiguous acres, with
an estate building and no other structures thereon, except those accessory
to the estate building.
C. Each estate complex shall have a minimum area of six
contiguous acres (excluding any land with severe slopes upon which
it would be difficult and impractical to construct a dwelling as determined
by the Board of Trustees) and an overall density not to exceed that
which would otherwise be permitted (but for this section) for the
zoning district in which the property is located.
D. Each dwelling unit in an estate complex shall have
a minimum habitable floor area of 1,250 square feet and, in addition,
suitable facilities for the fully enclosed parking and keeping of
at least one automobile per dwelling unit and other facilities for
the parking of at least two additional automobiles per dwelling unit.
E. No divided dwelling shall contain more than eight
dwelling units.
F. No estate building to be converted to a divided dwelling shall be enlarged except for the construction of entrances, hallways and fire escapes to facilitate conversion of the building or to meet with municipal or other safety regulations for a divided dwelling use. Such enlargement shall not exceed 10% of the original square footage of the building. This limitation shall not apply to the construction of such new garages as is required to comply with Subsection
D of this section. The Board of Trustees shall have the power to grant setback variances for existing structures in connection with the establishment of estate complexes.
G. There shall be no exterior change, addition or alteration
to any existing building, or the construction of any additional structures,
on an estate complex, unless the same shall conform to the existing
architectural style and design of existing buildings and unless the
same are approved by the Board of Trustees.
H. Condominium or cooperative ownership of the dwelling
units, with mutual ownership of all common areas, shall be required
for all estate complexes to ensure, to the satisfaction of the Board
of Trustees, that there are adequate and legally binding requirements
for the maintenance and upkeep of the grounds and buildings. All ownership
plans shall be approved by the Board of Trustees and may require the
conveyance to the Village of interests or rights in real property
under § 247 of the General Municipal Law.
I. The Board of Trustees may impose any other conditions
deemed appropriate by the Board of Trustees to protect the public
welfare.
J. Any application for a permit for divided dwellings
shall be in writing, on a form prescribed by the Village, and shall
contain the information otherwise required for an application to amend
the Zoning Code. The Board of Trustees shall not act upon any such
application until after a public hearing, held in the same manner
and upon the same notice, as is provided for an application to amend
the Zoning Code.
K. Findings. In making and acting upon any such application
for the preservation of any such estate building as a divided dwelling,
the Board of Trustees shall consider the following criteria in achieving
the purpose of this section:
(1) The historic, architectural and environmental significance
or value of any such site, building, structures and/or landscaping
or terrain feature, either individually or in relation to each other
or to natural or physical boundaries.
(2) The visual, geographic and density relationship of
any such site, building, structures or feature to its surrounding
area.
(3) The age, history, architectural style or historical
style or period, construction, craftsmanship, uniqueness, environmental
value, topographical significance or irreplaceability of any such
building, structure or feature, considered individually or collectively.
(4) The designation by any governmental body of any area,
site, building, structure or feature having historic, architectural
or environmental significance or value to the community.
(5) The establishment of naturally definable boundaries
and buffer areas necessary to prevent encroachment of uses, development
or other influence potentially adverse to the preservation of any
such estate buildings.
[Added 12-22-1998 by L.L. No. 8-1998]
A. No building shall be erected, altered or used, and
no premises shall be used, for any purpose other than those set forth
in this section.
B. No building permit shall be issued for any building
or structure in the Educational Training Services ETS District unless
the applicant first has obtained a building permit and subdivision
or site plan approval as required by law.
C. Permitted principal uses in the Educational Training
Services ETS District shall be limited to no more than one of the
following principal uses on a lot:
(1) Any use permitted in the R-3 District and subject
to the restrictions provided for such uses in that district.
(2) Facilities for educational, developmental and training
services, with the permission of the Board of Trustees, provided that:
(a)
Such use shall not include provision of medical
care or treatment of either infants, children or adults for any illness,
addiction or disorder or medical-care facilities for treatment of
any illness, addiction or disorder.
(b)
Services shall be limited to education, evaluation,
assessment, special instruction, speech therapy, behavioral training,
physical training, socialization skills, parent training, counseling
and parent support groups.
(c)
Services may be provided only to and with respect
to children no older than five years of age and their parents and
caregivers.
(d)
Services shall be provided only by professionals
qualified to render such services, and such providers shall be licensed
where required by New York State or any other governmental authority
with jurisdiction.
(e)
Any premises used for such purposes shall not
have, or include, any residential use, nor shall any person be permitted
to occupy the premises as a resident, on a transient basis or otherwise.
(f)
No such facility shall operate between the hours
of 12:00 midnight and 7:00 a.m. the following day.
(g)
The minimum lot size shall be 65,000 square
feet.
(h)
The minimum lot width shall be 115 square feet.
(i)
The minimum street frontage shall be 100 feet.
(j)
The minimum front yard setback shall be 100
feet; provided, however, that where the lot has more than one street
frontage, the front yard setback requirement shall apply to the frontage
having the narrowest width, and the side yard setback requirement
shall apply to any other frontage.
(k)
The side yard setbacks shall total a minimum
of 50 feet; provided, however, that the minimum individual side yard
setback shall be 20 feet where the adjoining property is used for
residential purposes and five feet where the adjoining property is
used for nonresidential purposes or for highway purposes.
(l)
The minimum rear yard setback shall be 100 feet,
provided that parking areas and driveways, located at least 10 feet
from the property line, and shown on the approved site plan for the
property, may be located within the rear yard setback area. Landscape
screening shall be required between any such parking area or driveway
and the nearest property line(s) in accordance with the requirements
of the Board of Trustees or Planning Board.
(m)
No building shall exceed 2 1/2 stories,
or 35 feet, in height.
(n)
The minimum floor area shall be 1,500 square
feet, and the total floor area ratio for all buildings and structures
on the site shall not exceed .065 but shall in no event be less than
4,870 square feet, provided that the area of the lot shall be at least
67,000 square feet.
(o)
The maximum building coverage shall be 6% but
shall in no event be less than 3,570 square feet, provided that the
area of the lot shall be at least 67,000 square feet.
[Amended 3-30-1999 by L.L. No. 2-1999]
(p)
Off-street, on-site parking for educational
and training service facilities shall be provided with at least one
parking space for each 200 square feet of floor area, and the parking
layout and location shall be approved by the Board of Trustees.
(q)
No structure or accessory use shall be located
in a front yard.
(r)
No accessory uses shall be permitted outside
the principal structure or an authorized accessory structure.
(s)
The ingress and egress for the site shall be
as determined by the Board of Trustees.
[Added 4-17-2019 by L.L.
No. 1-2019]
No building or premises in any district of the Village shall
be used, erected or altered, as a principal, primary, accessory, or
incidental use for, or for the purpose or in furtherance of, the manufacture,
growth, sale, dispensing, or consumption of any good, substance, material
or product in violation of any law, rule or regulation of the United
States or the State of New York, or of any other governmental body
having jurisdiction over such activity or property. For the purposes
of this subsection, the term "dispensing" shall include, without limitation,
the preparation or physical delivery of, but not the issuance of an
order, authorization or prescription for, a good, substance, material
or product.