Village of Mineola, NY Special Districts

§ 550-15 Hospital District.

Permitted uses. In a Hospital District, no building or premises shall be used, and no building shall be erected or altered, for other than one of the following uses:

(1)

Public or private hospital, whether for profit or not for profit.

(2)

Accessory uses customarily incidental to the operation of a hospital, as listed in Subsection A(1) above.

§ 550-15.1 Downtown Overlay District.

[Added 12-7-2022 by L.L. No. 3-2022]

Development incentive bonuses.

This section is intended to give the Board of Trustees all powers set forth in New York State Village Law § 7-703.

Definitions. As used in this section, the following terms shall have the meanings indicated:

COMMUNITY BENEFITS OR AMENITIES

The amenities set forth in Subsection F or other specific physical, social or cultural amenities, or cash in lieu thereof, as authorized by the Board of Trustees, which provide a benefit to the residents of the community.

DOWNTOWN OVERLAY DISTRICT

The entire B-3 Special Office District and that portion of the downtown area beginning at the intersection of the north side of the Long Island Rail Road tracks and the west side of Third Avenue, running north to the north side of First Street, running west to the east side of Horton Highway, running north to the rear property line of those lots which front on the north side of Harrison Avenue, running east to east side of Willis Avenue, running north to the south side of Jackson Avenue, running east to the west side of the Long Island Rail Road Oyster Bay Line right-of-way, running south to the north side of Second Street, running east to the east side of the Long Island Rail Road Oyster Bay Line right-of-way, running north to the rear property line of the lots fronting on the north side of Second Street, running east to the west side of Roslyn Road, running south to the north side of the Long Island Rail Road tracks and running west to the point of beginning, but excluding those parcels located in the Historic Overlay District.

INCENTIVE BONUSES

Adjustments to the permissible density, coverage, floor area ratios, parking requirements, setbacks, topographical changes, area, height, open space, use or other provisions of the Mineola zoning and land use laws for a specific purpose authorized by the Board of Trustees.

INCENTIVE ZONING

The system by which specific incentives or bonuses are granted to applicants pursuant to this section on condition that specific physical, social, or cultural benefits or amenities would inure to the benefit of the community.

Purpose. The purpose of this system of incentive bonuses shall be to advance the Village's specific physical, cultural and social policies in accordance with the Village's Comprehensive Plan and in coordination with other community planning mechanisms or land use techniques.

Applicable zoning districts. This system of development incentive bonuses shall be applicable to the Downtown Overlay District.

Environmental impact statement. In the event that the Board of Trustees determines that a generic environmental impact statement is warranted pursuant to Village Law § 7-703, Subdivision 3c, any applicant for incentive bonuses shall pay a proportionate share of the cost, if any, of preparing an environmental impact statement, if so required, and such charge shall be added to any site-specific charge made pursuant to the provisions of § 8-0109 of the Environmental Conservation Law.

The Board of Trustees, following a public hearing, may provide incentive bonuses in exchange for the applicant providing one or more of the following facilities or amenities: open space, parks and recreational facilities, streetscape amenities, landscaping, road improvements, water and sewer system improvements or other specific physical, social or cultural amenities, or cash in lieu thereof, which will provide a benefit to the residents of the Village as authorized by the Board of Trustees.

For applicants who provide or make provision for amenities and facilities in this section, the Board of Trustees may, at its discretion, award the incentive bonuses by varying the required density, coverage and floor area ratios, parking requirements, building heights, required setbacks, topographical changes, open space, and permissible uses in the district.

Criteria for approval; methods required for determining the adequacy of community amenities. To evaluate the adequacy of the proposed benefits to be accepted in exchange for the requested incentives, the following information shall be provided by the applicant with its application for development incentive bonus approval:

(1)

A description of the proposed amenities outlining the benefits that will accrue to the community;

(2)

The economic value of the proposed amenities to the Village as compared with the economic value of the proposed incentives to the applicant;

(3)

A preliminary demonstration that there are adequate sewer, water, transportation, waste disposal and fire-protection facilities serving or proximate to the proposed development to handle the additional demands the incentive and amenity may place on such facilities beyond the demand that would otherwise occur with as-of-right development; and

(4)

An explanation as to the way in which the amenity will implement physical, social or cultural policies of the Comprehensive Plan and this chapter.

Procedure for obtaining incentive bonuses; application; review process; imposition of terms and conditions. Applications for development bonuses shall be completed by each applicant and filed with the Village Building Department, along with the payment of any applicable fees. Authorization for development incentive bonuses shall be subject to approval by the Board of Trustees after a public hearing. Upon completion of the public hearing to consider the application for development incentive bonuses, the Board of Trustees shall grant or deny the application. The Board of Trustees shall determine whether the proposed amenities provide sufficient public benefit to provide the requested incentives. In the event that the Board of Trustees grants such application, it may impose such terms and conditions as are necessary to advance the Village's specific physical, cultural and social policies in accordance with the Village's Comprehensive Plan.

Public hearing; public notice. The Board of Trustees may, in its absolute discretion, summarily determine whether or not to consider (entertain) the application. If its determination is in the affirmative, it shall hold a public hearing to review an application submitted pursuant to this section. Public notice shall be given by publication in the official Village newspaper of such hearing at least 10 days' prior to the date thereof. Before an application for development incentive bonuses may be heard by the Board of Trustees, a complete and accurate list of the names and addresses of the owners of all the lands within a radius of 400 feet of the property affected by such application as appears on the latest completed assessment roll of the County of Nassau shall be submitted simultaneously with the application. The applicant shall send, by first-class mail, to each owner shown on the applicable list, no less than 10 days nor more than 20 days before the date set for a hearing upon this application, a notice addressed to such owners signed by the applicant, generally identifying the property affected thereby and setting forth the development incentive bonuses requested and the date, hour and place fixed by the Board of Trustees for a hearing thereon. Before such cases may be heard by the Board of Trustees, the applicant must file with the Village Clerk, not later than five days' prior to the hearing date, an affidavit of the mailing of such notice as herein provided, said affidavit to be made on forms to be provided by the Board of Trustees.

If the Board of Trustees determines that a suitable community benefit or amenity is not immediately feasible, or otherwise not practical, the Board of Trustees may require, in lieu thereof, a payment to the Village of a sum to be determined by the Board of Trustees. If cash is accepted in lieu of other community benefit or amenity, provisions shall be made for such sum to be deposited in a trust fund to be used by the Board of Trustees for specific community benefits authorized by the Board of Trustees.

In any instance in which a unit count incentive bonus beyond that allowed as-of-right in the Village's Code shall be granted for a residential or mixed-use development which incorporates five or more residential units, the applicant shall set aside at least 10% of such units for affordable workforce housing on site or shall otherwise comply with § 699-b of the New York State General Municipal Law. For purposes of this section, "affordable workforce housing" means housing for individuals and families at or below 80% of the median income for the Nassau-Suffolk primary metropolitan statistical area as defined by the federal Department of Housing and Urban Development. Affordable workforce housing units shall be of consistent design to those of the rest of the development. The applicant and its successors shall annually submit a certification to the Village that it is in compliance with § 699-b of the New York State General Municipal Law.

§ 550-15.2 Jericho Turnpike Overlay District.

[Added 12-7-2022 by L.L. No. 4-2022]

Development incentive bonuses.

(1)

This section is intended to give the Board of Trustees all powers set forth in New York State Village Law § 7-703.

(2)

Definitions. As used in this section, the following terms shall have the meanings indicated:

COMMUNITY BENEFITS OR AMENITIES

The amenities set forth in Subsection H, or other specific physical, social or cultural amenities, or cash in lieu thereof, as authorized by the Board of Trustees, which provide a benefit to the residents of the community.

INCENTIVE BONUSES

INCENTIVE ZONING

JERICHO TURNPIKE OVERLAY DISTRICT

The portion of the B-1 Business District fronting on Jericho Turnpike on the north and south sides between Willis Avenue and Marcellus Road.

In the Jericho Turnpike Overlay District, in addition to any use permitted in the underlying zoning district, the Board of Trustees may, in its absolute discretion, summarily determine whether or not to consider (entertain) an application for incentive zoning for the following uses after a public hearing conducted by the Board of Trustees, which shall be subject to the bulk requirements listed for each use:

(1)

Multifamily residential.

(a)

Minimum front yard: zero feet.

(b)

Minimum side yard: zero feet.

(c)

Minimum rear yard: 20 feet along residential border; zero feet along nonresidential border.

(d)

Maximum building height: three stories/40 feet.

(e)

Minimum lot area: 6,000 square feet.

(f)

Minimum lot width: 60 feet.

(g)

Maximum building coverage of lot: 80%.

(h)

Minimum depth of lot: 100 feet.

(2)

Upper floor residential in mixed-use buildings.

(a)

Minimum front yard: zero feet.

(b)

Minimum side yard: zero feet.

(c)

Minimum rear yard: 20 feet along residential border; zero feet along nonresidential border.

(d)

Maximum building height: three stories/40 feet.

(e)

Minimum lot area: 6,000 square feet.

(f)

Minimum lot width: 60 feet.

(g)

Maximum building coverage of lot: 80%.

(h)

Minimum depth of lot: 100 feet.

(3)

Assisted living residence.

(a)

Minimum front yard: zero feet.

(b)

Minimum side yard: 10 feet.

(c)

Minimum rear yard: 20 feet along residential border; 10 feet along nonresidential border.

(d)

Maximum building height: three stories/40 feet. Additional building height shall be permitted up to four stories/50 feet, but any portion of the building over 40 feet in height shall be set back from the street line or any other lot line one foot for every foot in building height over 40 feet.

(e)

Minimum lot area: 30,000 square feet.

(f)

Minimum lot width: 250 feet.

(g)

Maximum building coverage of lot: 60%.

(h)

Minimum depth of lot: 100 feet.

(4)

Hotel or mixed hotel/residential.

(a)

Minimum front yard: zero feet.

(b)

Minimum side yard: zero feet.

(c)

Minimum rear yard: 20 feet along residential border; 10 feet along nonresidential border.

(d)

(e)

Minimum lot area: 15,000 square feet.

(f)

Minimum lot width: 100 feet.

(g)

Maximum building coverage of lot: 80%.

(h)

Minimum depth of lot: 100 feet.

(5)

Event/conference space.

(a)

Minimum front yard: zero feet.

(b)

Minimum side yard: zero feet.

(c)

Minimum rear yard: 20 feet along residential border; zero feet along nonresidential border.

(d)

Maximum building height: three stories/40 feet. Additional building height shall be permitted up to 60 feet, but any portion of a building greater than 40 feet in height shall be setback a minimum of 20 feet from a front or side lot line and 30 feet from a rear lot line.

(e)

Minimum lot area: 40,000 square feet.

(f)

Minimum lot width: 250 feet.

(g)

Maximum building coverage of lot: 60%.

(h)

Minimum depth of lot: 100 feet.

Parking:

(1)

Multifamily residential: 1.5 spaces per unit.

(2)

Upper floor residential in mixed-use buildings: 1.25 spaces per unit.

(3)

Assisted living residences: one space per three units.

(4)

Hotel: 1.1 spaces per guest room.

(5)

Mixed hotel/residential: based upon the standards above for each use.

(6)

Event/conference space: one space per 400 square feet of gross floor area.

Other requirements:

(1)

Ground floor space on Jericho Turnpike shall either be occupied by a permitted nonresidential use or be designed to have a storefront appearance. The provision of active space, such as resident lounges, exercise rooms, entry lobbies, leasing/marketing/business management offices, mail rooms and indoor amenity spaces, is encouraged along street-facing ground floor facades.

(2)

Minimum gross floor area per dwelling unit:

(a)

Studio: 750 square feet.

(b)

One-bedroom: 750 square feet.

(c)

Two-bedroom or more: 900 square feet.

Applicable zoning district. This system of development incentive bonuses shall be applicable to the Jericho Turnpike Overlay District.

(1)

A description of the proposed amenities outlining the benefits that will accrue to the community;

(2)

The economic value of the proposed amenities to the Village as compared with the economic value of the proposed incentives to the applicant;

(3)

(4)

An explanation as to the way in which the amenity will implement physical, social or cultural policies of the Comprehensive Plan and this chapter.

Public hearing; public notice. In the event that the Board of Trustees determines to hear a development incentive bonus application pursuant to this section, the Board of Trustees shall hold a public hearing to review the application submitted pursuant to this section. Public notice shall be given by publication in the official Village newspaper of such hearing at least 10 days' prior to the date thereof. Before an application for development incentive bonuses may be heard by the Board of Trustees, a complete and accurate list of the names and addresses of the owners of all the lands within a radius of 400 feet of the property affected by such application as appears on the latest completed assessment roll of the County of Nassau shall be submitted simultaneously with the application. The applicant shall send by first class mail to each owner shown on the applicable list, no less than 10 days nor more than 20 days before the date set for a hearing upon this application, a notice addressed to such owners signed by the applicant, generally identifying the property affected thereby and setting forth the development incentive bonuses requested and the date, hour and place fixed by the Board of Trustees for a hearing thereon. Before such cases may be heard by the Board of Trustees, the applicant must file with the Village Clerk, not later than five days' prior to the hearing date, an affidavit of the mailing of such notice as herein provided, said affidavit to be made on forms to be provided by the Board of Trustees.

§ 550-15.3 Historic Overlay District.

[Added 12-7-2022 by L.L. No. 5-2022]

Development incentive bonuses.

(1)

This section is intended to give the Board of Trustees all powers set forth in New York State Village Law § 7-703.

(2)

Definitions. As used in this section, the following terms shall have the meanings indicated:

COMMUNITY BENEFITS OR AMENITIES

HISTORIC OVERLAY DISTRICT

The portion of the B-2 Business District beginning at the north east corner of Mineola Boulevard and Second Street, running east along Second Street to the north west corner of Second Street and Main Street to include those lots which front on the north side of Second Street, running north along Main Street to the south west corner of Main Street and First Street to include those lots that front on the west side of Main Street, running east to the south east corner of Main Street and First Street, running south along Main Street to the north east corner of Main Street and Second Street to include those lots which front on the east side of Main Street, running to the east along Second Street to the north west corner of Second Street and Willis Avenue to include those lots which front on the north side of Second Street, running south to the south west corner of Willis Avenue and Second Street, running west along Second Street to the south east corner of Second Street and Main Street to include those lots which front on the south side of Second Street, running south along Main Street to the south east corner of Main Street and Front Street to include those lots which front on the east side of Main Street, running west to the south west corner of Main Street and Front Street, running north along Main Street to the south west corner of Main Street and Second Street to include those lots which front on the west side of Main Street, running west along Second Street to the south east corner of Second Street and Mineola Boulevard to include those lots which front on the south side of Second Street, running north to the point of beginning.

INCENTIVE BONUSES

INCENTIVE ZONING

In the Historic Overlay District, in addition to any use permitted in the underlying zoning district, the Board of Trustees may, in its absolute discretion, summarily determine whether or not to consider (entertain) an application for incentive zoning and shall be subject to the requirements listed below after a public hearing conducted by the Board of Trustees:

(1)

Minimum front yard: zero feet.

(2)

Minimum side yard: zero feet.

(3)

Minimum rear yard: zero feet.

(4)

Maximum building height: three stories/40 feet. However, where properties abut New York State property, including but not limited to, Long Island Rail Road/MTA property, the Board of Trustees may, at its discretion, award an incentive bonus by varying the maximum building height up to a maximum height of 50 feet, where such additional height would be consistent with the character of the surrounding Historic Overlay District.

(5)

Minimum lot area: 2,500 square feet.

(6)

Minimum lot width: 25 feet.

(7)

Maximum building coverage of lot: 90%.

Parking:

(1)

Multifamily residential: 1.5 spaces per unit.

(2)

Upper floor residential in mixed-use buildings: 1.25 spaces per unit.

(3)

All other permitted uses: one space per 400 square feet.

Other requirements:

(1)

Ground floor space on Main Street and Second Street shall either be occupied by a permitted nonresidential use or be designed to have a storefront appearance. The provision of active space, such as resident lounges, exercise rooms, entry lobbies, leasing/marketing/business management offices, mail rooms and indoor amenity spaces, is required along street-facing ground floor facades not occupied by a permitted nonresidential use.

(2)

Minimum gross floor area per dwelling unit:

(a)

Studio: 750 square feet.

(b)

One-bedroom: 750 square feet.

(c)

Two-bedroom or more: 900 square feet.

(3)

Payment in lieu of parking. When the required number of off-street parking spaces cannot be accommodated on-site, an applicant may pay a fee to the Parking Trust Fund as set forth in § 550-20E in lieu of providing parking, or may request a variance from the Zoning Board of Appeals.

Applicable zoning district. This system of development incentive bonuses shall be applicable to the Historic Overlay District.

(1)

A description of the proposed amenities outlining the benefits that will accrue to the community;

(2)

The economic value of the proposed amenities to the Village as compared with the economic value of the proposed incentives to the applicant;

(3)

(4)

An explanation as to the way in which the amenity will implement physical, social or cultural policies of the Comprehensive Plan and this chapter.