Village of Great Neck Estates, NY Building Zone Districts

Such districts are as shown on the Zoning Map which accompanies this chapter and which is hereby declared to be a part hereof, as the same has been or may hereafter be amended.[1] The districts designated on said map are hereby established.

[1]

Editor's Note: The Zoning Map is on file in the office of the Village Clerk, where it is available for inspection and use during regular office hours.

§ 230-4 Conformance with district regulations required.

No building or part of a building shall be erected, altered or used except in conformity with the regulations herein prescribed for the district in which such building is located. No premises shall be used for any purpose other than a purpose permitted in the district in which such premises is located.

§ 230-5 Minimum requirements as to lots sold, divided or set off.

No lot shall be sold, divided or set off in such a manner that either the portion sold, divided or set off, or the portion remaining:

Shall be less than the minimum size prescribed by the regulations relating to the district in which it is situated; or

Shall fail to provide the yards or other open spaces required by the regulations relating to the district in which it is situated in respect to any building or use then existing; or

Shall fail to provide the minimum building area required by the regulations relating to the district in which it is situated in respect to any building or use then existing; or

Shall contain any building or use not permitted by the provisions of this chapter; or

Shall fail to have the street frontage required by the regulations relating to the district in which the lot or any part thereof is situated; or

Shall directly or indirectly violate any of the terms or conditions heretofore or hereafter imposed by the Board of Appeals in granting a variance or special exception under the provisions of this chapter or upon an appeal under the provisions of the Village Law;

unless the portion which fails to comply with the foregoing requirements is added to and becomes part of an adjoining lot in such a way that the adjoining lot, as so enlarged, complies with all of such requirements.

§ 230-6 Uses prohibited in all districts.

[Added 4-8-2019 by L.L. No. 2-2019]

No building or premises in any district of the Village shall be used, and no building shall be erected or altered, for or in furtherance of:

The sale, dispensing, or consumption of any good, substance, material or product, whether as a principal, primary, accessory, incidental or ancillary use of the building or premises, 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.

§ 230-7 Residence A District.

In the Residence A District the following regulations shall apply:

Uses. No building shall be erected, altered or used and no lot or premises shall be used except for one of the following purposes:

[Amended 10-5-1981 by L.L. No. 4-1981; 2-14-2004 by L.L. No. 2-2005; 1-6-2014 by L.L. No. 2-2014; 3-14-2016 by L.L. No. 2-2016]

(1)

A dwelling for not more than one family.

(2)

Municipal parks, municipal playgrounds and municipal recreational areas and buildings accessory thereto.

(3)

Governmental and municipal purposes, including Village Hall, police booths, sheds and other facilities for the storage of Village vehicles, equipment and supplies, municipal docks and landings.

(4)

School buildings owned, operated and maintained by a duly constituted school district.

(5)

Uses accessory to the principal use to which such building, lot or premises is devoted, subject to the conditions and regulations set forth in § 230-16 of this chapter and subject to any additional conditions and regulations applicable to specific classes of accessory uses, including the following:

(a)

If lawfully existing on January 1, 2016, the office of a person practicing one of the professions enumerated in § 230-17 who occupies as a principal residence the principal dwelling on the property where such office is situated.

[1]

No such use lawfully existing pursuant to this subsection may continue on or after July 1, 2016, unless the owner of the property where such use is claimed to exist shall register such use with the Village Clerk on or before July 1, 2016, on a form to be provided by such Clerk. Such registration shall include the full name and other identifying information of the owner of such property and each professional and employee engaged in the conduct of such use. In the event such use is not registered as required by this subsection, it shall be presumed that use commenced on or after January 1, 2016, and such use shall be unlawful and shall be discontinued.

[Amended 4-11-2016 by L.L. No. 5-2016]

[2]

In the event there shall be any change in the owner, professional or employee(s) registered as owning such property or engaging in such use, the owner of the property on which such use is being conducted shall notify the Village Clerk, in writing, 15 days after such change and provide current updated information for such registration.

(b)

A private garage.

(c)

Real estate signs, advertising only the premises on which they are maintained, for sale, lease or rental.

(d)

A fence or wall, including a retaining wall.

(e)

A private swimming pool limited to the personal use of the family of the owner or occupant of the principal building or establishment and their house servants and guests.

(f)

Living quarters may be permitted in lawful accessory buildings, including garages, only for the full-time servant or servants of the occupant(s) of the principal building, employed only to provide services in the principal residence. Living quarters so occupied may include separate housekeeping units for such servants. Such living quarters shall not be occupied by any person other than such full-time servant or servants.

[1]

No occupancy of living quarters in an accessory building shall commence or be established on or after January 1, 2014, without a special use permit from the Board of Trustees.

[2]

On or before February 1, 2014, the owner of any property where living quarters exist in any accessory building on December 31, 2013, shall register such living quarters with the Village Clerk, and such registration shall include the full name and other identifying information of each occupant of such living quarters and the status of each such occupant which entitles such occupant to reside in such living quarters. In the event a living quarters is not registered as required by this subsection, the right to continue any use of the accessory building for such living quarters shall terminate on February 1, 2014, unless a special use permit is obtained from the Board of Trustees. In the event any use of an accessory building for living quarters claimed to exist on December 31, 2013, is not registered as required by this section, it shall be presumed that use commenced on or after January 1, 2014, and the continuation or resumption of such occupancy or use shall require a special permit pursuant to this section.

[3]

In the event of any change in the persons occupying any living quarters in an accessory building, the owner of the property on which such building is located shall notify the Village Clerk within 10 days of such change, including the name of each person who no longer resides in such accessory building and the name, other identifying information and status of each person who has commenced residency in such building.

[4]

In the event the owner of property on which living quarters are located in an accessory building fails to register pursuant to this section on or before February 1, 2014, the right to continue or resume use of such living quarters shall terminate on such date. Thereafter, no occupancy of such accessory building for living quarters shall be permitted without a special use permit from the Board Trustees.

Height. No building having a pitched roof shall be erected or altered which is higher than 2 1/2 stories and 33 feet. No building having a flat roof shall be erected or altered which is higher than two stories and 24 feet. The minimum incline qualifying as a pitched roof shall be six inches in vertical rise for every 12 inches of horizontal distance (6:12). In addition, the maximum vertical dimension from the mean ground level to the uppermost front eave shall not exceed 20 feet.

[Amended 9-12-1994 by L.L. No. 5-1994; 11-14-2002 by L.L. No. 2-2002; 11-14-2006 by L.L. No. 11-2006]

Size of lot. No principal building or use, together with its accessory buildings or uses, shall be erected upon or shall occupy a lot or piece of ground having an area of less than 19,360 square feet.

Building area. No principal building, together with its accessory buildings, shall occupy in the aggregate more than 20% of the area of the lot. The total area occupied by accessory buildings shall not exceed 7% of the area of the lot.

[Amended 9-12-1994 by L.L. No. 5-1994]

Front yards. Where two or more buildings exist on the same side of the street with, and within 200 feet of, any part of a lot on which construction or alteration of a building is proposed, the front building line of the building which is proposed to be constructed or altered shall conform substantially to those of such existing buildings, except that no such building proposed to be constructed or altered need be set back more than 50 feet from the street line, and no such building proposed to be constructed or altered shall have its front wall nearer to the street line than 30 feet.

[Amended 2-14-2004 by L.L. No. 2-2005]

Rear yards. The minimum distance between the rear line and the rear wall of the building at any point shall not be less than the height of the wall at such point, but in no event less than 30.0 feet plus an additional 0.25 foot for each foot or part thereof by which the depth of the lot exceeds 100 feet.

[Amended 7-11-2005 by L.L. No. 7-2005]

Side yards. Except in the case of a corner lot, two side yards shall be provided on each lot, each of which shall be at least 22 feet, and the aggregate of which shall be at least 45 feet plus an additional 0.4 foot for each foot or part thereof by which the width of the lot exceeds 110 feet.

[Amended 7-11-2005 by L.L. No. 7-2005]

Street frontage. No building shall be erected on a lot having a street frontage of less than 110 feet. No lot shall have a street frontage less than 90%, nor more than 110%, of the width of the lot at the rear lot line.

[Amended 5-8-1989 by L.L. No. 5-1989]

Floor area ratio (FAR).

[Added 9-12-1994 by L.L. No. 5-1994]

(1)

The FAR shall not require a lot in the A District to have a gross floor area (GFA) less than 6,000 square feet. The FAR standards shall be as follows:

Lot Size (square feet)	Maximum FAR	Maximum GFA Permitted (square feet)
20,500 and under	0.33	6,000 - 6,765
20,501 - 22,000	0.32	6,766 - 7,040
22,001 - 23,500	0.31	7,041 - 7,285
23,501 - 25,000	0.30	7,286 - 7,500
25,001 - 30,000	0.29	7,501 - 8,700
Over 30,000	0.28	Over 8,700, but not to exceed 9,000

(2)

Notwithstanding the foregoing provisions of this subsection, for a non-corner lot where the depth of the lot is more than two times the width of the lot, the portion of the lot area located farther than two times the width of the lot from the street line shall be reduced by 15% in computing the maximum gross floor area permitted for the lot. Also see § 230-37 of this chapter.

[Added 11-14-2002 by L.L. No. 2-2002]

Height:setback ratio. The height:setback ratio for the front, side and rear yards shall not exceed 0.8, 1.2 and 0.8, respectively.

[Added 9-12-1994 by L.L. No. 5-1994; amended 7-11-2005 by L.L. No. 7-2005]

§ 230-8 Residence B District.

In the Residence B District the following regulations shall apply:

Uses. No building shall be erected, altered or used and no lot or premises shall be used except for one of the purposes permitted in the Residence A District.

[Amended 9-12-1994 by L.L. No. 5-1994; 11-14-2002 by L.L. No. 2-2002; 11-14-2006 by L.L. No. 11-2006]

Size of lot. No principal building or use, together with its accessory buildings, shall be erected upon or shall occupy a lot or piece of ground having an area of less than 12,900 square feet.

Building area. No principal building, together with its accessory buildings, shall occupy in the aggregate more than 22% of the area of the lot. The total area occupied by accessory buildings shall not exceed 7% of the area of the lot.

[Amended 9-12-1994 by L.L. No. 5-1994]

[Amended 2-14-2004 by L.L. No. 2-2005]

[Amended 11-14-2002 by L.L. No. 2-2002; 7-11-2005 by L.L. No. 7-2005]

Side yards. Except in the case of a corner lot, two side yards shall be provided on each lot, each of which shall be at least 15 feet, and the aggregate of which shall be at least 35 feet plus an additional 0.4 foot for each foot or part thereof by which the width of the lot exceeds 90 feet.

[Amended 7-11-2005 by L.L. No. 7-2005]

Street frontage. No building shall be erected on a lot having a street frontage of less than 90 feet. No lot shall have a street frontage less than 90%, nor more than 110%, of the width of the lot at the rear lot line.

[Amended 5-8-1989 by L.L. No. 5-1989]

Floor area ratio (FAR).

[Added 9-12-1994 by L.L. No. 5-1994; amended 11-14-2002 by L.L. No. 2-2002]

(1)

The FAR shall not require a lot in the B District to have a gross floor area (GFA) less than 4,700 square feet. The FAR standards shall be as follows:

Lot Size (square feet)	Maximum FAR	Maximum GFA Permitted (square feet)
14,000 and under	0.37	4,700 - 5,180
14,001 - 15,500	0.36	5,181 - 5,580
15,501 - 17,000	0.35	5,581 - 5,950
17,001 - 18,500	0.34	5,951 - 6,290
18,501 - 20,000	0.33	6,291 - 6,600
Over 20,000	0.32	Over 6,600, but not to exceed 8,250

(2)

Height:setback ratio. The height:setback ratio for the front, side and rear yards shall not exceed 0.8, 1.4 and 0.8, respectively.

[Added 9-12-1994 by L.L. No. 5-1994; amended 7-11-2005 by L.L. No. 7-2005]

§ 230-9 Residence BB District.

In the Residence BB District the following regulations shall apply:

Uses. No building shall be erected, altered or used and no lot or premises shall be used except for one of the purposes permitted in the Residence A District.

[Amended 9-12-1994 by L.L. No. 5-1994; 11-14-2002 by L.L. No. 2-2002; 11-14-2006 by L.L. No. 11-2006]

Size of lot. No principal building or use, together with its accessory buildings or uses, shall be erected upon or shall occupy a lot or piece of ground having an area of less than 10,000 square feet.

Building area. No principal building, together with its accessory buildings, shall occupy in the aggregate more than 23% of the area of the lot. The total area occupied by accessory buildings shall not exceed 7% of the area of the lot.

[Amended 9-12-1994 by L.L. No. 5-1994]

[Amended 2-14-2004 by L.L. No. 2-2005]

[Amended 11-14-2002 by L.L. No. 2-2002; amended 7-11-2005 by L.L. No. 7-2005]

Side yards. Except in the case of a corner lot, two side yards shall be provided on each lot, each of which shall be at least 15 feet, and the aggregate of which shall be at least 30 feet plus an additional 0.4 foot for each foot or part thereof by which the width of the lot exceeds 80 feet.

[Amended 7-11-2005 by L.L. No. 7-2005]

Street frontage. No building shall be erected on a lot having a street frontage of less than 80 feet. No lot shall have a street frontage less than 90%, nor more than 110%, of the width of the lot at the rear lot line.

[Amended 5-8-1989 by L.L. No. 5-1989]

Floor area ratio (FAR).

[Added 9-12-1994 by L.L. No. 5-1994; amended 11-14-2002 by L.L. No. 2-2002]

(1)

The FAR shall not require a lot in the BB District to have a gross floor area (GFA) less than 3,900 square feet. The FAR standards shall be as follows:

Lot Size (square feet)	Maximum FAR	Maximum GFA Permitted (square feet)
10,500 and under	0.40	3,900 - 4,200
10,501 - 12,000	0.39	4,201 - 4,680
12,001 - 13,500	0.38	4,681 - 5,130
13,501 - 15,000	0.37	5,131 - 5,550
Over 15,000	0.36	Over 5,550, but not to exceed 7,400

(2)

Height:setback ratio. The height:setback ratio for the front, side and rear yards shall not exceed 0.8, 1.4 and 0.8, respectively.

[Added 9-12-1994 by L.L. No. 5-1994; amended 7-11-2005 by L.L. No. 7-2005]

§ 230-10 Residence BC Intermediate District.

In the Residence BC Intermediate District the following regulations shall apply:

Uses. No building shall be erected, altered or used and no lot or premises shall be used except for one of the purposes permitted in the Residence A District.

[Amended 9-12-1994 by L.L. No. 5-1994; 11-14-2002 by L.L. No. 2-2002; 11-14-2006 by L.L. No. 11-2006]

Size of lot. No principal building or use, together with its accessory buildings or uses, shall be erected upon or shall occupy a lot or piece of ground having an area of less than 8,500 square feet.

Building area. No principal building, together with its accessory buildings, shall occupy in the aggregate more than 24% of the area of the lot. The total area occupied by accessory buildings shall not exceed 7% of the area of the lot.

[Amended 9-12-1994 by L.L. No. 5-1994]

[Amended 2-14-2004 by L.L. No. 2-2005]

Rear yards. The minimum distance between the rear line and the rear wall of the building at any point shall not be less than the height of the wall at such point, but in no event less than 25.0 feet plus an additional 0.25 foot for each foot or part thereof by which the depth of the lot exceeds 100 feet."

[Amended 11-14-2002 by L.L. No. 2-2002; 7-11-2005 by L.L. No. 7-2005]

Side yards. Except in the case of a corner lot, two side yards shall be provided on each lot, each of which shall be at least 12 feet, and the aggregate of which shall be at least 25 feet plus an additional 0.4 foot for each foot or part thereof by which the width of the lot exceeds 70 feet.

[Amended 7-11-2005 by L.L. No. 7-2005]

Street frontage. No building shall be erected on a lot having a street frontage of less than 70 feet. No lot shall have a street frontage less than 90%, nor more than 110%, of the width of the lot at the rear lot line.

[Amended 5-8-1989 by L.L. No. 5-1989]

Floor area ratio (FAR).

[Added 9-12-1994 by L.L. No. 5-1994; amended 11-14-2002 by L.L. No. 2-2002]

(1)

The FAR shall not require a lot in the BC District to have a gross floor area (GFA) less than 3,500 square feet. The FAR standards shall be as follows:

Lot Size (square feet)	Maximum FAR	Maximum GFA Permitted (square feet)
9,000 and under	0.42	3,500 - 3,780
9,001 - 10,500	0.41	3,781 - 4,305
10,501 - 12,000	0.40	4,306 - 4,800
12,001 - 15,000	0.39	4,801 - 5,850
Over 15,000	0.38	Over 5,850, but not to exceed 6,200

(2)

Height:setback ratio. The height:setback ratio for the front, side and rear yards shall not exceed 0.8, 1.5 and 0.8, respectively.

[Added 9-12-1994 by L.L. No. 5-1994; amended 7-11-2005 by L.L. No. 7-2005]

§ 230-11 Residence C District.

In a Residence C District the following regulations shall apply:

Uses. No building shall be erected, altered or used and no lot or premises shall be used except for one of the following purposes:

(1)

Uses permitted in a Residence A District.[1]

[1]

Editor's Note: Former Subsection A(2), which immediately followed and listed churches and other places of worship as permitted uses, was repealed 6-12-2006 by L.L. No. 6-2006. For current provisions on religious uses, see § 230-15.

[Amended 9-12-1994 by L.L. No. 5-1994; 11-14-2002 by L.L. No. 2-2002; 11-14-2006 by L.L. No. 11-2006]

Size of lot. No principal building or use, together with its accessory buildings, shall be erected upon or shall occupy a lot or piece of ground having an area of less than 6,000 square feet.

Building area. No principal building or use, together with its accessory buildings or uses, shall occupy in the aggregate more than 25% of the area of the lot. The total area occupied by accessory buildings or uses shall not exceed 7% of the area of the lot.

Front yards. Where two or more buildings exist on the same side of the street with, and within 200 feet on either side of, a proposed or new building, the front building line of such proposed or new building shall conform substantially to those of existing buildings, except that no building need be set back more than 50 feet from the street line, and no building shall have its front wall nearer to the street line than 20 feet. These requirements shall also apply to any alteration which affects the front building line of an existing building.

Rear yards. The minimum distance between the rear line and the rear wall of the building at any point shall not be less than the height of the wall at such point, but in no event less than 20.0 feet plus an additional 0.25 foot for each foot or part thereof by which the depth of the lot exceeds 100 feet.

[Amended 11-14-2002 by L.L. No. 2-2002; 7-11-2005 by L.L. No. 7-2005]

Side yards. Except in the case of a corner lot, two side yards shall be provided on each lot, each of which shall be at least 10 feet, and the aggregate of which shall be at least 20 feet plus an additional 0.4 foot for each foot or part thereof by which the width of the lot exceeds 60 feet.

[Amended 7-11-2005 by L.L. No. 7-2005]

Street frontage. No building shall be erected on a lot having a street frontage of less than 60 feet. No lot shall have a street frontage less than 90%, nor more than 110%, of the width of the lot at the rear lot line.

[Amended 5-8-1989 by L.L. No. 5-1989]

Floor area ratio (FAR).

[Added 9-12-1994 by L.L. No. 5-1994; amended 11-14-2002 by L.L. No. 2-2002]

(1)

The FAR shall not require a lot in the C District to a gross floor area (GFA) less than 2,700 square feet. The FAR standards shall be as follows:

Lot Size (square feet)	Maximum FAR	Maximum GFA Permitted (square feet)
7,000 and under	0.44	2,700 - 3,080
7,001 - 8,500	0.43	3,081 - 3,655
8,501 - 10,000	0.42	3,656 - 4,200
Over 10,000	0.41	Over 4,200, but not to exceed 5,200

(2)

Height:setback ratio. The height:setback ratio for the front, side and rear yards shall not exceed 1.0, 1.8 and 1.0, respectively.

[Added 9-12-1994 by L.L. No. 5-1994; amended 7-11-2005 by L.L. No. 7-2005]

§ 230-12 Business D District.

[Amended 5-22-1966 by Ord. No. 108; 6-6-1966 by Ord. No. 109; 8-6-1973 by Ord. No. 131; 5-16-1977 by L.L. No. 4-1977; 5-16-1977 by L.L. No. 5-1977; 8-6-1979 by L.L. No. 4-1979; 4-5-1982 by L.L. No. 3-1982; 6-7-1982 by L.L. No. 5-1982; 4-2-1990 by L.L. No. 2-1990]

The following regulations shall be applicable in a Business D District:

Uses. No building shall be erected, altered or used, and no lot or premises shall be used, in whole or in part, except for one or more of the following purposes and in accordance with the following regulations:

[Amended 3-9-1992 by L.L. No. 1-1992; 11-26-1996 by L.L. No. 12-1996]

(1)

Uses permitted as of right:

(a)

Governmental or municipal use.[1]

[1]

Editor's Note: Former § 128-12A(1)(b), regarding schools, which immediately followed this subsection, was repealed 7-13-1998 by L.L. No. 5-1998.

(b)

Retail sales of goods or merchandise (other than food), or shops for the repair of goods and merchandise, provided that such use shall not include the fabrication, manufacture, conversion or alteration of any goods or merchandise except for sale to a retail consumer, and further provided that such use shall not include a dry-cleaning establishment.

[Amended 4-12-1999 by L.L. No. 3-1999]

(c)

Personal service establishments, such as a tailor, dressmaker, barber, beauty salon or health club, but not including a dry-cleaning establishment.

[Amended 4-12-1999 by L.L. No. 3-1999]

(d)

Bank or other financial institution.

(e)

Offices for business or professional use, but not medical offices.

[Amended 10-6-2005 by L.L. No. 9-2005]

(f)

Art studio or art gallery.

(g)

Telephone exchange and telegraph offices.

(h)

(Reserved)[2]

[2]

Editor's Note: Former § 230-12A(1)(h) regarding garages was repealed 10-6-2005 by L.L. No. 9-2005.

(i)

Off-street parking facilities, provided without charge for parking in such facilities, and only in conjunction with and accessory to a lawful use on the same lot or premises.

(2)

Conditional uses. The following uses may be conducted with a permit from the Board of Trustees pursuant to this section:

(a)

Bakery, grocery store or delicatessen, including seating for use of patrons.

(b)

Restaurant, for preparation and sale of food to seated patrons for consumption on the premises. Such use may include use of the premises for private parties during such hours and times as the restaurant is authorized to be open. If expressly permitted by the Board of Trustees, such use may include the incidental sale of quickly prepared or preprepared foods for consumption off the premises, or facilities for dancing or other musical or other entertainment. Such restaurant uses shall also maintain such other licenses or permits as may be required by law.

(c)

A use which, in the opinion of the Board of Trustees, is substantially similar to a use which is expressly permitted or conditionally permitted by this Code, provided that such use is not prohibited by this Code pursuant to Subsection A(3) of this section or otherwise.[3]

[3]

Editor's Note: Former Subsection A(2)(d), Public or private elementary or secondary schools, added 7-13-1998 by Ord. No. 5-1998, which immediately followed this subsection, was repealed 2-12-2001 by L.L. No. 1-2001; provided, however, that any permit heretofore issued by the Village of Great Neck Estates for an educational use pursuant to such section shall remain in effect and shall be treated for all purposes as if it had been granted pursuant to Village Code § 230-15.

(d)

Dry-cleaning establishments.

[Added 4-12-1999 by L.L. No. 3-1999]

(e)

Medical offices.

[Added 10-6-2005 by L.L. No. 9-2005]

(3)

Prohibited uses. Notwithstanding any other provision of this section, the following uses are expressly prohibited in the Business D district:

(a)

Sale of fresh fish and seafood, except as a department of a general food store.

(b)

Sale of live poultry.

(c)

Auction sales.

(d)

Sale or exhibition of pets, birds, live fish or animals of any kind.

(e)

Animal hospital, veterinary establishment or place for the boarding, keeping or care of pets, birds or other animals.

(f)

Open-front store or other place of business, including any use where merchandise, goods, articles or food of any kind is sold or delivered to persons located outdoors within the vicinity of the building.

(g)

Outdoor sale or display of goods or merchandise or food.

(h)

Stores or shops or other enterprises for the sale of food or beverages, which provide or make available any facility (including, but not limited to, parking or standing space for one or more motor vehicles) for the consumption of food or beverages outside the building or structure or for the service thereof from within the building or structure to the exterior thereof.

(i)

Stores or shops or other establishments [other than a permitted bakery, grocery store, delicatessen or a use authorized pursuant to Subsection A(2)(c) of this section] for the sale of food or beverages primarily for consumption off the premises, whether or not interior seating facilities are provided or available.

(j)

Outdoor parking of vehicles underneath all or part of a building or structure or below grade.

(k)

Establishment, facility, shop, office, parlor, business or other nonresidential premises, the primary or ancillary use of which includes or is intended to include the smoking of tobacco, vegetable, herbal, or other organic substances on the premises. Such prohibition shall include smoking of substances through one or more hookah pipes (also commonly referred to as a "hookah," "water pipe," "shisha," "narghile" or "bong") or any other similar equipment or device.

[Added 8-6-2014 by L.L. No. 9-2014]

(l)

The sale, dispensing, or consumption of any good, substance, material or product, whether as a principal, primary, accessory, incidental or ancillary use of the building or premises, 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 not include the issuance of an order, authorization or prescription for a good, substance, material or product by a person or entity duly licensed to issue the same.

[Added 1-11-2016 by L.L. No. 1-2016]

(4)

Requirements for conditional use permits.

(a)

Where the Board of Trustees may authorize a conditional use pursuant to this section, such use may be approved only upon written application, on a form provided by the Village, and in accordance with the same procedures as if such application were for a permit to be issued by the Board of Appeals.

(b)

The Board of Trustees may impose reasonable conditions upon any such permit, including reasonable limitations for the duration of the permit, the days or hours during which such conditional use may be conducted and such other conditions as may be reasonably necessary for the protection of the public health, safety and general welfare.

(c)

No use which is authorized by a conditional use permit shall be changed to any other use unless such other use is authorized pursuant to this section and, if required, a conditional use permit is obtained for such other use. No use which is authorized by a conditional use permit may be changed to a different use of the same character, nor expanded to any other or different premises, without the approval of the Board of Trustees pursuant to this section.

(5)

Abandonment or discontinuance of conditional uses or preexisting uses. If any otherwise lawful use of property not authorized by the current provisions of this chapter is abandoned, such use shall not thereafter be permitted to resume or commence except in accordance with the provisions of this section. The discontinuance of any use for any reason for a period of six months or longer shall be deemed to be an abandonment of the use, unless the Board of Trustees determines that the discontinuance was involuntary or unintentional.

Height and depth.

(1)

No building shall be erected or altered which is higher than 2 1/2 stories or more than 25 feet, whichever is less, above ground level.

(2)

No building shall be erected or altered which is lower than one story or more than 10 feet, whichever is less, below ground level.

Building area. No principal building or use, together with its accessory buildings, shall occupy in the aggregate more than 75% of the lot at the curb level. A one-story building may occupy more than 75% of the lot when authorized as a special exception by the Board of Appeals.

Front yards. No building shall be hereafter erected or altered which has any part of its front wall nearer to the street line than 20 feet, with the following exceptions:

(1)

No front yard is required on Middle Neck Road.

(2)

A front yard of a minimum depth of 10 feet is required on Cutter Mill Road.

Rear yards. Every building hereafter erected or altered shall have a rear yard of a minimum depth of 10 feet.

Side yards. No side yards are required in a business district.

Sewer. All buildings hereafter constructed shall be connected with a public sanitary sewer. Disposal of sanitary wastes on the property by cesspools, tile fields or otherwise is prohibited.

Parking spaces. No building shall be constructed or altered or used unless the parking spaces are provided and maintained as required by this chapter.

§ 230-13 Business D Incentive District.

[Added 7-14-2003 by L.L. No. 2-2003]

In the Business D District, the Board of Trustees may, in its sole discretion, and after a public hearing held as provided in this section, change the zoning classification of property in the Business D District to Business D Incentive District and permit a lot or premises to be developed and used for Business D Incentive Development as an incentive use, pursuant to Village Law § 7-703, and for no other use except as otherwise provided herein. Any such zoning classification also may include property owned or controlled by the applicant and extending not more than 60 feet into an adjoining Residence B District. Where property has been classified as a Business D Incentive District by the Board of Trustees pursuant to this section, such property may be used only for the Business D Incentive Zoning Development use approved by the Board of Trustees and pursuant to the conditions therein imposed by the Board of Trustees.

[Amended 10-5-2011 by L.L. No. 4-2011]

Nothing contained herein shall be construed to give any right or presumption of right to zoning classification as a Business D Incentive District property, or to a Business D Incentive Development permit to any property owner or applicant.

No change of zone or 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.

Applications.

(1)

An applicant for an incentive use permit for a Business D 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, and shall pay all fees required for applications for change of zone and for incentive use permits.

(2)

An application for change of zone to Business D Incentive District, and for an incentive use permit, pursuant to this section shall be made no later than June 1, 2011 ("deadline date"). An application for such permit made prior to the deadline date may be amended after that date, but only with respect to the same property which was the subject of the initial application.

[Amended 4-12-2004 by L.L. No. 3-2004; 4-11-2011 by L.L. No. 1-2011]

Buildings and land in the Business D Incentive District, and used or developed pursuant to a Business D Incentive Development permit, shall conform to all requirements for the Business D District, except as otherwise permitted by this section, and by the incentive use permit granted pursuant to this section. Notwithstanding the foregoing, in accordance with the conditions stated in any Business D Incentive Development permit granted by the Board of Trustees, the Board of Trustees, with respect to property in a Business D Incentive District, may:

(1)

Allow development and use of such property for multiple-family residences in accordance with the provisions specified in the Business D Incentive Development permit, subject to the following restrictions:

(a)

The residential units shall be for not more than a one-bedroom unit, and for two- or three-bedroom units, and the total number of residential dwelling units shall not exceed one unit for each 530 square feet of area of the lot on which the subject property is located;

[Amended 5-9-2011 by L.L. No. 3-2011]

(b)

There shall be at least 1.0 parking space for each residential unit. All such parking spaces, other than a handicapped parking space, shall be required to have a size at least nine feet by 18 feet. Handicapped parking spaces shall comply with applicable legal requirements;

(c)

There shall be at least 1.0 parking space for each 380 square feet of retail area on the property, but in any event there shall be no less than two parking spaces for retail uses on the property;

(d)

The maximum height of the building shall be 5.0 stories, or 56 feet, whichever is less;

(e)

The maximum permitted lot coverage shall be 97.0%;

(f)

No front, side or rear yard setbacks from the property line shall be required;

(g)

All retail area at the site shall be at ground level, and the minimum retail area on the site shall be 26.0% of the lot area;

(h)

An access driveway shall have a width of at least 18 feet;

(i)

No loading zone shall be necessary; and

(j)

The aisle adjacent to a parking space may be no less than 21 feet.

(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 with respect to the Business D Incentive Development, whether such variances are sought or authorized prior to, or subsequent to, the issuance of the incentive use permit.

Further authority of the Board of Trustees. An incentive use permit authorized by this section may be amended at any time after it is granted, after written application and a public hearing in the same manner as provided for the initial incentive use permit, provided that:

(1)

No such amendment shall pertain to property other than that which is the subject of the incentive use permit.

(2)

No such amendment shall permit development or use of the subject property in any manner other than as provided in this section or in the Business D Incentive District.

Provisions for public amenities.

(1)

An applicant for an incentive permit for a Business D 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.

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.

§ 230-13.1 Business Incentive Overlay District.

[Added 01-12-2023 by L.L. No. 1-2023]

The Board of Trustees may, in its sole discretion, and after a public hearing held as provided in this section, change the zoning classification of property located in the Business D District to Business Incentive Overlay District ("Overlay District") as provided in this section, and in such Overlay District permit a lot or premises to be developed and used as an incentive use, pursuant to Village Law § 7-703, and for no other use except as otherwise provided herein. Any such zoning classification also may include adjoining property i) which was in common ownership with the subject Business D District property on the effective date of this section, and ii) extending not more than 60 feet into an adjoining Residence B District. Where property has been classified as a Business Incentive Overlay District by the Board of Trustees pursuant to this section, such property may be used only for the uses approved by the Board of Trustees in making such classification, and pursuant to reasonable conditions therein imposed by the Board of Trustees.

Property classified as Business Incentive Overlay District pursuant to this section shall be identified for the purpose of this section as either Overlay District A (properties north of Cedar Drive) or Overlay District B (properties south of Cedar Drive). The provisions of this section shall apply to those respective properties as provided hereinafter.

Nothing contained herein shall be construed to give to any property owner or applicant any right or presumption of right to zoning classification as a Business Incentive Overlay District property, nor to an Incentive Overlay development permit ("permit"). Such classification or permit may be granted by the Board of Trustees solely in its discretion, in the same manner as applicable to an application for change of zone.

No classification as a Business Incentive Overlay District, and no Incentive Overlay development permit, shall be issued pursuant to this section unless the Board of Trustees has made a determination that all proposed uses of the subject property are authorized by this section and that such permit is authorized and warranted under the standards set forth herein. Such 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 considered as a change of zone. Review of each such application shall include review pursuant to the State Environmental Quality Review Act[1] as may be required by law.

[1]

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

Applications.

(1)

An applicant for an Incentive Overlay development permit as authorized by this section shall provide to the Board such information as would be required of an applicant for a change of zone and shall pay all fees and deposits required for applications for change of zone and for incentive use permits.

(2)

Buildings and land to be used or developed pursuant to an Incentive Overlay development permit shall conform to all requirements for the Business D District, except as to incentives otherwise authorized by an Incentive Overlay development permit granted pursuant to this section, subject to conditions imposed by the Board of Trustees.

(3)

By applying for and accepting the benefits of an Incentive Overlay District development permit pursuant to this section, an applicant or property owner agrees and consents, on its own behalf and on behalf of future owners of the property which is the subject of such permit, that i) the future use and development of such property shall be in all respects compliant with the provisions of this section and such permit and ii) no application shall be made for any relaxation, relief or variance of such provisions to any board or agency of the Village of Great Neck Estates, except that applications may be made to the Board of Trustees as provided in this section for amendment of the permit.

In granting or amending a permit pursuant to this section, the Board of Trustees may:

(1)

Allow development and use of such property in whole or in part only for those business uses permitted in the Business D District, except as otherwise provided in the permit and conditions contained therein.

(2)

Allow development and use of such property in whole or in part for multiple-family residences, or cooperative or condominium ownerships, in accordance with the provisions specified in this section and the permit.

(3)

In Overlay District A, allow or require:

(a)

Maximum building coverage not to exceed 50%.

(b)

No minimum commercial or retail area on the ground floor.

(c)

Maximum height not to exceed five stories or 55 feet, provided that there shall be a minimum setback of eight feet for a fifth story.

(d)

Residential units totaling not more than one unit for each 800 square feet of lot area.

(e)

Minimum curb-to-building distance of 20 feet.

(f)

Minimum rear yard setback of 20 feet.

(g)

Combined side yard minimum setback of 20 feet, with a minimum setback of 15 feet on one side.

(h)

Parking spaces numbering at least one space per residential unit plus 0.25 space per bedroom, provided that no parking space shall be located in a front yard setback.

(4)

In Overlay District B, allow or require:

(a)

Maximum building coverage not to exceed 75%.

(b)

Commercial or retail area not less than 75% of ground floor area.

(c)

Maximum height not to exceed four stories or 45 feet, provided that there shall be a minimum setback of eight feet for the fourth story.

(d)

Residential units totaling not more than one unit for each 800 square feet of lot area.

(e)

Minimum curb-to-building distance of 10 feet.

(f)

Minimum rear yard setback of 20 feet.

(g)

No minimum side yard setback.

(h)

Parking spaces numbering at least one space per residential unit, provided that no parking space shall be allowed in a front yard setback.

(5)

When granting or amending any permit, allow or require:

(a)

Access driveways having a width of at least 18 feet.

(b)

Waiver, in whole or in part, of any requirement for loading zones.

(c)

Parking spaces, other than handicapped parking spaces, which have a size at least nine feet by 18 feet.

(d)

An aisle adjacent to a parking space having a width no less than 21 feet.

(e)

Parking spaces to be located off-site, provided that they are located in a municipal parking lot or lawfully located off-street within 200 feet of the site.

(6)

When granting or amending any permit, the Board of Trustees shall have authority, in its sole discretion, to grant minor waivers or other relief from the restrictions of this section where the circumstances of a particular property are such as to create unreasonable hardship in the development of the property.

Permit amendments. A permit granted pursuant to this section may be amended at any time after it is granted, after written application and a public hearing, and otherwise subject to the same restrictions and conditions, in the same manner as provided for in the initial application, except that:

(1)

No amendment may include or pertain to property other than that which is the subject of the permit.

(2)

No amendment shall permit development or use of the subject property in any manner other than as provided in this section.

Provisions for public amenities.

(1)

(2)

An applicant for a permit or an amendment to a permit pursuant to this section shall include in any such application, in addition to any other documents or plans for the development of property, a proposal for the provision of public amenities, including facilities for public use, and whether by transfer, gift, lease, easement or otherwise. The determination whether any such proposal 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.

(3)

If the Board of Trustees, after public hearing, finds said proposal to be feasible and acceptable and finds that said proposal 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 a permit authorized by this section.

(4)

If the Board of Trustees finds that such proposal is not feasible or acceptable, or that there is insufficient public need for the proposed amenities at the present time, the Board may require payment into an incentive trust fund maintained by the Village in an amount determined by the Board of Trustees, as provided by law.

Public hearing. No permit or amendment to such permit shall be granted pursuant to this section except after a public hearing before the Board of Trustees, except that the Board of Trustees, acting without a public hearing, may grant an extension or enlargement of the time in which an applicant is required to perform or complete any act. Such public hearings shall be held and conducted in the same manner as provided by law for an application to the Board of Trustees for a change of zone.

§ 230-14 Design districts.

[Added 4-12-1993 by L.L. No. 2-1993]

Purpose. It is the purpose of this section to create a procedure by which the Board of Trustees may designate contiguous lots and buildings in a nonresidential zoning district as a design district so that a design development plan may be adopted and implemented so that the property within that area may be improved in a planned and unified manner.

Definition. For the purposes of this section, the term "design district" shall mean a zone or zones overlaid over all or a portion of one or more existing nonresidential zoning districts so that property within any such overlay zone is subject to a design development plan adopted by the Board of Trustees of the Village.

Design development plans in design districts.

(1)

Adoption. The Board of Trustees may, in accordance with the procedures set forth in this section, designate a design district outside any residential use zoning district and adopt a design development plan for such design district. Any such district shall include no less than 60 feet of building frontage comprised either of contiguous properties or properties facing across a public street or sidewalk.

(2)

Standards. Such a design development plan may be proposed by the Board of Trustees. Once such a plan has been proposed, the Board may, after due notice and public hearing, adopt a design development plan for such district. In developing a design development plan, the Board shall be governed by the following standards:

(a)

Whenever feasible, existing trees, lawn and shrubs will be preserved or enhanced so as to maximize green space.

(b)

Pedestrian activity will be encouraged in areas where commerce and public safety make it most desirable.

(c)

Whenever feasible, utilities shall be underground.

(d)

Building facades will respect the architectural lines of buildings.

(e)

Whenever feasible, stone or masonry will be unpainted.

(f)

Buildings will respect the scale of other buildings within the design district.

(g)

One or more elements, such as awning treatment, color material schemes or lettering style, will provide unity and continuity within the design district so that the district will have a coherent and recognizable design character.

(h)

The treatment of any signs or attracting devices within the district will achieve the same or greater levels of performance and protection as other provisions of this chapter relating to signs.

(i)

The resulting design district will be compatible with adjacent properties and not excessively similar or dissimilar to other design districts within the Village so that the result is an aggregation of compatible yet individual design districts.

(3)

Content of plan. A design district plan shall contain at least the following elements:

(a)

A description, including location and design, of improvements, such as trees, benches, tables, lighting standards, paving and landscaping, to be located in or over public streets and sidewalks.

(b)

A description and rendering of elements of design units within such district. Such elements may include but are not limited to the following:

[1]

Signs, including common or coordinated color, texture, materials and letter schemes.

[2]

Awnings and canopies.

Banners.

Lighting.

Landscaping.

Common and coordinated color, material or textural schemes.

[7]

Window displays.

[8]

Architectural details.

[9]

Attracting devices.

[10]

Utilities.

(c)

Such plan may consist of detailed drawings, plans and specifications for design units, as well as written requirements, but may not require extensive alteration in the structure or interior of a building within the unit (other than window displays).

(4)

Conformity. Within the period specified in the design development plan for any design district, all design units shall be made to conform to its requirements. After such conformity has been achieved, no change in any design unit subject to the plan (except for normal maintenance), shall be commenced without a permit issued by the Board of Trustees.

(5)

Financing proposal.

(a)

The Board of Trustees may, after holding a public hearing, adopt a financing proposal for any designated design district for which a design development plan has been adopted. A financing proposal shall consist of a plan which sets forth those improvements and decorative enhancements contained in the design development plan which are to be paid for wholly by the Village, wholly by benefit assessment or partly by each. The Board of Trustees shall not adopt a financing proposal until a public hearing has been held on the financing proposal, and such hearing shall be held on at least 10 days' notice published in the Village official newspaper. At any time after the conclusion of such hearing, the Board of Trustees may adopt the financing proposal as proposed or as modified by the Board of Trustees at or after such public hearing.

(b)

If the financing proposal provides for payment in whole or part by benefit assessment, then the Board of Trustees, in adopting the financing proposal and in apportioning and assessing the part of the expense to be raised by benefit assessment, shall conform to the requirements of the Village Law, the relevant provisions of the Local Finance Law and all other applicable provisions of law.

(c)

In adopting a financing proposal, the Board of Trustees may include a provision for the Village to acquire, by purchase or by eminent domain, any real property or interest therein, including but not limited to surface rights on a storefront for the connection of any awning and/or the rights to the facade of any such storefront in any premises located within the design district. In providing for such acquisition, the Board of Trustees shall specify the provisions of law pursuant to which said acquisition shall proceed.