Village of Great Neck Estates, NY
Nassau County
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Table of Contents
Table of Contents
[Added 2-12-2001 by L.L. No. 1-2001; amended 10-12-2006 by L.L. No. 9-2006]
A. 
Religious and educational (private elementary and secondary schools) uses are permitted in the Residence A, Residence B and Business D Zoning Districts in the Village with the permission of the Board of Trustees, subject to compliance with the requirements set forth in this section, and subject to the criteria set forth in this section, to protect the public health, safety and general welfare.
(1) 
In granting or modifying a special use permit pursuant to this section, the Board of Trustees may impose reasonable conditions to protect the public health, safety and general welfare.
(2) 
In granting or modifying a special use permit pursuant to this section, the Board of Trustees may waive or vary any of the provisions of Subsection B of this section.
B. 
In addition to the regulations otherwise applicable to religious and educational uses pursuant to Subsection A of this section, each building, structure or premises used for a religious and/or educational use shall comply with the following conditions and limitations:
(1) 
Height.
(a) 
In the Residence A, Residence B and Business D Districts, no building or structure used for a religious or educational use, or a permitted accessory use, shall have a height (exclusive of a steeple or spire) of more than two stories, or 25 feet, above the grade at the level of each adjoining street, whichever is less. Also, no steeple or spire on any such building or structure shall have a height in excess of 20 feet above the top of the roof of such building.
(b) 
In the Residence A and Residence B Districts, a pitched roof is limited to a height of 33 feet above the grade at the level of the adjoining street.
(2) 
Building area.
(a) 
In the Residence A District, the floor area ratio of all buildings and structures on the lot or premises shall not exceed 0.28.
(b) 
In the Residence B District, the floor area ratio of all buildings and structures on the lot or premises shall not exceed 0.32.
(c) 
In the Business D District, no building, structure or use, together with any accessory buildings, structures or uses, shall occupy more than 75% of the area of the lot, exclusive of any portion of such lot that may consist of land under water.
(3) 
Minimum lot area.
(a) 
For religious uses, no such building, structure or use shall be conducted on a lot having an area less than 30,000 square feet in the Residence A and Residence B Districts and 20,000 square feet in the Business D District.
(b) 
For educational uses, no such building, structure or use shall be conducted on a lot having an area less than 40,000 square feet in the Residence A and Residence B Districts and 20,000 square feet in the Business D District.
(4) 
Required yards. The required yards shall be the same as the requirements applicable to the zoning district.
(5) 
Street frontage. The required street frontage shall be the same as the requirements applicable to the zoning district.
(6) 
Off-street parking. No religious or educational use shall be conducted on a lot or premises unless paved off-street parking for such use is provided on the same lot or premises in accordance with § 230-52, Schedule of Off-Street Parking Space Requirements. In granting or modifying a special use permit for any such use, the Board of Trustees may reduce the parking requirements where it can be demonstrated, through a parking analysis prepared by a traffic engineer, that a reduction in the actual parking demand will result from the operation of the use, in which event the Board may impose conditions on the operation of such use to assure compliance with the assumptions of such analysis.
(a) 
Each parking area shall be provided with adequate facility for site drainage, which shall not drain into public roads or public drainage systems.
(b) 
No parking space shall be located in a front yard or in a required rear or side yard setback area.
(c) 
All parking spaces shall be maintained in good condition and shall have adequate means of ingress and egress as approved by the Board of Trustees.
(d) 
All parking spaces shall be at least nine feet by 18 feet, and there shall be an aisle of at least 15 feet separating rows of parking spaces.
(e) 
Every parking area shall be enclosed with a good-quality solid sapling fence six feet in height, with a finished side facing the property boundaries, entirely enclosing the parking area, with the exception of such portions as are used for ingress or egress. Said fence shall be properly landscaped and screened, with shrubs and plants to be situated on the outside of such fence, in accordance with landscaping plans approved by the Board of Trustees as part of the approval of any conditional use permit.
C. 
Criteria for issuance of special use permit. When considering an application for a special use permit, the Board of Trustees shall ensure, at a minimum, that the proposed use:
(1) 
Will be properly located in regard to transportation, water supply, waste disposal, fire protection and other facilities;
(2) 
Will not create undue traffic congestion, traffic hazard, or circulation conflicts;
(3) 
Will not adversely affect the value of property, character of the neighborhood or the pattern of development;
(4) 
Will encourage an appropriate use of land consistent with the needs of the Village; and
(5) 
Will not impair the public health or safety.
The following additional provisions shall apply to accessory buildings and uses:
A. 
The accessory building or use must be located on the same lot as the principal building or use to which it is accessory or on a lot immediately adjoining it. If it is located on a lot immediately adjoining the lot on which the principal building or use is located and the lots are severed, the accessory use shall cease.
B. 
The accessory use shall not be carried on by any person other than the occupant of the principal building or, in the case of vacant property, by the owner of the lot.
C. 
The term "accessory use," as used in this chapter, shall not include any parabolic, hemispheric or other antennae or other outdoor equipment for receiving audio, visual or data signals from the air or space, except that the use of antennae for such purposes shall be permitted as an accessory use only if:
[Added 2-6-1984 by L.L. No. 3-1984]
(1) 
No more than one such antenna is located on a single lot or premises.
(2) 
Such antenna is located on the roof of the principal building on the lot or premises.
(3) 
The height of such antenna is not greater than six feet from the roof of the principal building.
(4) 
In the case of parabolic or hemispheric antennae, the diameter of the antenna does not exceed two feet.
Where a lot or premises in a residence district is permitted to be used in part as the office of a professional person, the following additional conditions and regulations shall apply:
A. 
Such use is limited to the office of not more than one practitioner of medicine, osteopathy, physiotherapy, dentistry, podiatry or psychology duly licensed under the Education Law of the State of New York.
[Amended 12-1-1958 by Ord. No. 91[1]]
[1]
Editor's Note: This subsection was also amended 11-5-1979 by L.L. No. 7-1979, which was immediately repealed 12-3-1979 by L.L. No. 9-1979.
B. 
Not more than one nurse or assistant or associate worker may be employed in such office.
C. 
No display of advertising and no sign shall be permitted except the name of the professional person and letters or abbreviations indicating the nature of his profession. No such sign shall be illuminated, except by reflector buttons. No such sign shall exceed two feet in length or six inches in height.
D. 
Such office must be located in, and as part, of the principal dwelling and may not be housed in a separate building.
E. 
In no case may the practice of a profession be permitted as a principal use.
F. 
It shall be unlawful for a practitioner of any of the professions set forth in Subsection A hereof to maintain office hours or treat patients in an office located in a residence district between the hours of 11:00 p.m. and 7:00 a.m., except for emergency treatment. "Emergency treatment" is hereby defined as urgent treatment requiring the immediate attention of the practitioner with respect to a problem or condition not immediately foreseen and which treatment cannot be held in abeyance for authorized office hours without endangering the life or safety of the patient.
[Added 2-5-1973 by Ord. No. 129]
In a residence district a private garage is permitted only as an accessory use and subject to the following conditions:
A. 
No business, service or industry may be carried on directly or indirectly in or in connection therewith.
B. 
No commercial vehicle shall be stored or kept temporarily or permanently in such garage or elsewhere on the lot.
C. 
When attached to or forming part of the principal building, no part of the garage is permitted in a required yard.
D. 
When the garage is not attached to the principal building and does not form a part thereof, every part of such garage shall conform to the requirements of this Code for accessory structures. In addition, every part of such garage shall be at least 10 feet from any residence, including the residence to which it is accessory.
[Amended 11-14-1988 by L.L. No. 2-1988]
E. 
Whether or not attached to the principal building, no part of the garage is permitted in the front yard.
Real estate signs, if and when permitted in a residence district, must be set back as far from the street line as if they were the main front wall of a principal building. Such signs shall not exceed in the aggregate 12 square feet in area and shall be set at least three feet above the ground level.
[Amended 11-1-1971 by Ord. No. 126; 3-13-1989 by L.L. No. 4-1989]
The following regulations shall apply to fences, walls and retaining walls:
A. 
No fence or wall shall exceed six feet in height. No retaining wall shall have a height greater than that of the land in its natural state at the point where such retaining wall is to be constructed. In the event that any portion of a retaining wall has a height exceeding that of the land in its natural state at the place where the retaining wall is to be constructed, such retaining wall shall be treated, for the purposes of this section, as a wall, notwithstanding that dirt and soil may be piled or graded against it, and such wall shall comply with the provisions of this chapter.
B. 
Fences and walls must comply with the front yard, side yard and rear yard restrictions applicable to a principal building or structure in the district in which they are constructed, except as otherwise specifically provided for in this section. Retaining walls need not comply with such front yard, side yard or rear yard restrictions.
C. 
Notwithstanding any of the provisions of this Code, a fence of any height and a wall of any height and a retaining wall having a height of more than four feet above the lowest natural grade adjacent to the wall shall not be erected until plans are filed with the office of the Village Clerk, addressed to the Board of Trustees of the Village, and until a building permit has been issued for the construction of such fence, wall or retaining wall.
D. 
Notwithstanding any other provision of this chapter to the contrary, a fence having a height of four feet or less may be erected in a side yard or rear yard and may be erected along a side or rear yard property line, and a fence having a height of six feet or less may be erected in a rear yard or along a rear property line.
E. 
No fence or wall, regardless of height, shall be erected or constructed or placed in that part of any lot lying in a front yard setback area, and, in the case of a corner lot, no fence or wall shall be erected, constructed or placed in that part of a lot designated and known as the "front yard."
A. 
Except as provided in § 218-17 and in this section, no building or other structure shall be permitted in, upon or over a required front yard, rear yard or side yard, with the following exceptions:
[Amended 4-12-1993 by L.L. No. 1-1993; 11-14-2002 by L.L. No. 2-2002]
(1) 
Light pillars and light posts may be located in a front yard, provided that the design, number and appearance of the same is approved by the Architectural Review Board.
(2) 
Roofs, eaves, gutters and cornices may project into a required yard not more than two feet.
(3) 
One-story bay windows may project not more than two feet six inches for a width not exceeding eight feet.
(4) 
Unenclosed and unroofed platforms and steps, designed to provide safe access to grade from service entrance doors, may project not more than three feet six inches into a required side yard. The horizontal surface of any encroaching platform and steps shall not exceed 17.5 square feet into a required side yard.
(5) 
One-story open porches and one-story entry porticos may project not more than five feet for a maximum width of nine feet into a required front yard. Said width shall be centered on the center line of the front door. Further, unenclosed and unroofed platforms and steps, designed to provide safe access to grade from front doors, may project not more than five feet into a required front yard, and the horizontal surface of any such encroaching platform shall not exceed 45 square feet.[1]
[1]
Editor's Note: Former Subsection B, regarding roofs, eaves, gutters and cornices, which immediately followed this subsection, was repealed 11-14-2002 by L.L. No. 2-2002.
B. 
A building permitted for accessory uses and not connected with or constructed as part of the principal building or establishment may be situated in a required side or rear yard if it conforms with all of the following requirements:
(1) 
No building or part thereof shall be permitted nearer to the rear line or nearer to a side line than would be permitted for a principal building.
[Amended 1-6-1986 by L.L. No. 2-1986]
(2) 
No building permitted in a rear yard shall exceed eight feet in height from the mean ground level to the highest point of the roof.
[Amended 1-6-1986 by L.L. No. 2-1986]
(3) 
Buildings permitted in the rear yard may occupy not over 20% of the required rear yard area.
[Added 10-10-2016 by L.L. No. 8-2016]
A. 
Notwithstanding any other provision of this Code, except as otherwise provided in this section, transient dwelling units are prohibited in all zoning districts in the Village. Any person, acting as owner, occupant, person with authority to permit use or occupancy of any property in the Village, or as agent for any such person, who shall establish, maintain, operate, let, lease, rent or suffer or permit a property in the Village to be used as a transient dwelling unit, except as permitted by this section, shall be guilty of a violation.
B. 
No transient dwelling unit shall be established, maintained, operated, let, leased, rented, or used without a transient dwelling permit from the Village. Any person, acting as owner, occupant, person with authority to permit use or occupancy of any property in the Village, or as agent for any such person, who shall establish, maintain, operate, let, lease, rent or suffer or permit a property in the Village to be used as a transient dwelling unit without a transient dwelling permit shall be guilty of a violation.
C. 
No transient dwelling unit permit may be obtained or issued for a dwelling unit for use as a transient dwelling unit more often than two times in any calendar year.
D. 
Each person obtaining a transient dwelling unit shall pay a permit fee to the Village in an amount determined from time to time by resolution of the Board of Trustees.
E. 
Transient dwelling unit permits shall be issued by the Village Clerk, upon submission of a properly completed application form promulgated for such purpose by the Village Clerk, and upon payment of all required fees. No such permit shall be issued for any premises at which a violation of this section has occurred within the twelve-month period prior to the proposed commencement date of the occupancy for which the transient dwelling permit is requested.
F. 
No transient dwelling permit shall be transferable to or used by any occupant other than an occupant listed in the permit application.
G. 
An application form for a transient dwelling unit Permit shall include, at a minimum, the following information:
(1) 
The legal name, contact information (including e-mail and cell phone) and mailing address of the owner of the property and the principal proposed occupant of the property;
(2) 
The physical and mail address of the property which is the subject of the permit;
(3) 
The written sworn or acknowledged consent of the owner of the property;
(4) 
The name and contact information for a representative of the property owner as an emergency contact, who must be located within Nassau County or within 25 miles of the Village, and who must be available to manage the property at all times during the period of the transient use.
H. 
Upon issuance of a transient dwelling permit, and at least five days prior to the commencement of any use or occupancy of a premises pursuant to such permit, the owner of the property which is the subject of such permit, or the duly authorized agent of such owner, shall provide written notice, by first-class mail or personal delivery, to the owners or occupants of each abutting property, informing those neighbors that a transient dwelling permit has been issued and providing the name and contact information for the emergency contact person. Proof of such notice shall be filed with the Village Clerk at least five days prior to the commencement of occupancy of the property pursuant to the permit.
I. 
Any person who suffers, permits, causes or commits any of the following acts with respect to a transient dwelling unit shall be guilty of a violation:
(1) 
Any act in violation of a requirement or prohibition in this section.
(2) 
Making a false statement in a permit application.
J. 
Any transient dwelling permit issued pursuant to this section may be suspended or revoked by the Mayor or the Code Official for due cause, in addition to any other applicable penalty provided by law. Written notice of such suspension or revocation shall be given promptly by the Village Clerk to the owner and the proposed occupant. The Board of Appeals shall have jurisdiction to hear and determine any appeal from such suspension or revocation, and any person aggrieved by a determination to suspend or revoke a transient dwelling permit may appeal, in writing, to the Board of Appeals within 15 days after such written notice.
[1]
Editor's Note: Former § 230-22, Height of walls, was repealed 7-11-2005 by L.L. No. 7-2005.
No public garage, automobile service station or gasoline filling station shall be permitted, operated or maintained, except in accordance with the following regulations:
A. 
The provisions of Ordinance No. 15 in relation to public garages, automobile service stations and gasoline filling stations adopted November 17, 1931, as now or hereafter amended, shall be complied with.[1]
[1]
Editor's Note: Ord. No. 15 was superseded 4-1-1968 by Ord. No. 112, which continued in effect provisions as to public garages, automobile service stations or gasoline filling stations; see Ch. 167, Property Maintenance, § 167-51.
B. 
No part of the workshop or storage space shall be nearer than 25 feet to any public street.
C. 
All entrances and driveways shall have an unobstructed width of at least 15 feet.
D. 
No painting or repair work shall be done on the lot.
E. 
There shall be no opening in the side or rear wall or roof of such building within 15 feet of any side or rear property line.
F. 
Where the lot adjoins a residence district, there shall be no opening in the wall of the building on that side, and all existing doors and windows on that side shall be permanently blocked and sealed.
G. 
No internal combustion engine may be used unless it is equipped with an effective muffler or silencer.
H. 
All of the requirements of the Nassau County Fire Marshal or other official, board or body shall be complied with.
A. 
No building or structure shall be constructed or maintained upon any premises in the Village within 20 feet of the street line of any entrance to the Village, as defined in this chapter.
B. 
No building or other structure shall be constructed or maintained which shall have any entrance or entrances for the use of customers and employees, or either of them, or for the receipt or delivery of goods in or upon the side thereof facing any entrance to the Village; provided, however, that this subsection shall not be construed to prevent the construction and maintenance of emergency exits upon such side thereof or the construction or maintenance thereon of windows for the display of goods; and further provided that the Board of Trustees may, in its discretion, permit the construction, maintenance and use of an access road situated entirely within the business district of the Village leading to a required parking space, if said Board should determine that such access road is necessary or desirable for the convenient use of such parking space and will not result in undue interference with traffic.
[Amended 9-4-1962 by Ord. No. 102]
A. 
In the case of a corner lot there shall be a front yard on each street. In the Residence AA and Residence A Districts there shall be a rear yard opposite each front yard and no side yard. In residence districts other than the Residence AA and Residence A Districts, there shall be a rear yard opposite the narrower street frontage; the yard opposite the wider street frontage shall be the side yard.
[Amended 4-5-1965 by Ord. No. 105]
B. 
In the case of a lot, other than a corner lot, which adjoins two or more streets, a front yard is required on each street.
C. 
In the case of a residential corner lot, notwithstanding any other provision of this chapter, the required side and rear yard setbacks for such lot shall be the minimum fixed side and rear yard setbacks established for the district in which the property is located, without any addition to that minimum fixed setback based upon the width or depth of the property.
[Added 7-11-2005 by L.L. No. 7-2005]
In the case of a lot situated partly in each of two or more districts, no principal building, use or establishment shall be constructed, altered or maintained thereon except in conformity with the regulations applying to the most highly restricted district in which such building, use or establishment or any part thereof is situated. No accessory building, use or establishment shall be constructed, altered or maintained unless the principal building, use or establishment to which it is accessory is one permitted in the district in which such accessory building, use or establishment is situated.
A. 
Building zone districts include all public or private streets, ponds, streams and waterways adjacent thereto, whether or not so designated upon the Zoning Map, including land underwater and land heretofore or hereafter formed by filling, accretion, emergence, avulsion or otherwise.
B. 
In case a public or private street, pond, stream or waterway, as shown on said map, forms a boundary between two or more districts of different classes, each district shall be deemed to extend to the middle line of the street or the center of the pond or the thread of the stream or waterway, as the case may be.
C. 
Where the widening of Middle Neck Road heretofore resulted in a reduction of the depth of the business district to less than 100 feet, the westerly line of the business district at such point shall be deemed extended westerly a distance equal to such widening, it being intended that at no point on Middle Neck Road shall the business district have a depth of less than 100 feet.
For the purpose of computing the building area, the size of the lot, the rear yard, the front yard, the side yards and the street frontage, every public street and any proposed street or streets shown on any Official Map or Comprehensive Plan of the Village or any amendment or modification thereof now or hereafter duly adopted by the Board of Trustees or the Planning Board shall be considered a public street with the same force and effect as if the same had been duly opened and improved and made available for public use; provided, however, that upon the acquisition of any such street or streets or any part thereof, the Board of Trustees may, in its resolution authorizing the acquisition, provide that the area of the street or part thereof so acquired may be included in computing the building area, the size of lot and the depth of the yard abutting thereon under any application, submitted within five years after the date of such resolution, for the construction, alteration or use of a building or other structure upon the lot or lots of which the street or part thereof so acquired formed a part.
Except as provided in § 230-28, for the purpose of computing the building area, the size of lot, the rear yards, front yards and side yards, the land lying in the bed of any public or private street adjacent thereto, and the land lying below the high-water mark of any pond, stream or waterway adjacent thereto, shall be excluded, unless the application for a building permit shall also provide for the bulkheading or filling in of a portion of such pond, stream or waterway, in which case the land lying below the high-water line as so relocated shall be excluded.
For the purpose of computing the building area, the required yards and the distance from the lines of the lot, the walk or platform along the side of a swimming pool, the base for the springboard or diving platform and the foundation for the purifying apparatus, if any, shall be included. All pools shall be constructed in accordance with standard practice. Each pool shall be provided with permanently installed facilities for the complete draining thereof. Such facilities shall include provisions, approved by the Code Official, for disposing of the entire contents of the pool by means of diffusion wells or otherwise beneath the surface of the ground within not more than 48 consecutive hours. Such facilities shall be entirely separate from the house drains and house sewer. In no case may the contents of the pool be permitted to discharge, directly or indirectly, into a street or public drain or catch basin or in, upon or under the land of another person without his written consent or in such a way as to adversely affect the functioning of the house drains or house sewer of another property.
[1]
Editor's Note: For additional regulations relating to swimming pools, see Ch. 167, Property Maintenance, § 167-32.
A. 
The provisions of § 230-12 relating to the height of buildings in the business district are subject to the following exceptions:
(1) 
Such provisions shall not apply to chimneys, flues, church spires, cupolas, belfries, flagpoles or radio or television antennas.
(2) 
A parapet wall or cornice may extend above such height limit not more than five feet.
(3) 
Chimneys or flues, bulkheads, elevator enclosures and water tanks occupying in the aggregate less than 10% of the area of the roof on which they are located may extend above such height limit by not more than 12 feet.
B. 
The provisions of § 230-11 relating to the height of buildings in the Residence C District shall not apply to church spires or belfries.
C. 
The provisions relating to the height of buildings in the residence districts shall not apply to chimneys, flues, flagpoles and radio and television antenna attached to the building or any part thereto.
All the provisions of this chapter relating to the Business D District shall apply to that plot of land described as Plot B in a certain deed from Villa Park Association of Great Neck to William Carroll Latimer, dated February 20, 1917, and recorded on February 26, 1917, in liber 463 of conveyance at page 155, except as follows:
A. 
No front yard shall be required on Middle Neck Road or on any part of the curve on Cedar Drive abutting said property.
B. 
No side yard shall be required between the southerly line of Cedar Drive and the southerly line of said parcel.
C. 
The distance between the rear lot line and the main rear wall of the building shall be not less than 20 feet.
In case of an irregular parcel of land, the Board of Trustees shall have the power to determine and designate what portion thereof shall be deemed to be used in connection with the proposed building or use and what, if any, portion thereof is not properly to be deemed used in connection therewith. For the purpose of computing the size of the lot, only that portion of the parcel of land which the Board of Trustees deems to be used in connection with the proposed building or use shall be included.
[Added 4-5-1965 by Ord. No. 105]
A lot now existing or hereafter created which adjoins the easterly line of Queens County and lies entirely within 60 feet of the said Queens County line and is in the same ownership as the lot situated in Queens County which it adjoins, if said Queens County lot is used and occupied as a residence for one family only, may be used as accessory to such Queens County lot, notwithstanding that it has an area smaller than that required for the district in which it is situated, provided that no building or structure is erected or maintained thereon other than a boundary wall or fence and no use is permitted on said lot or on the Queens County lot that it adjoins which is not permitted in the district within the Village in which it is situated.
[Added 9-9-1974 by L.L. No. 1-1974]
A. 
No tennis court may be constructed or maintained except as an accessory structure to an existing one-family dwelling located on the same lot.
B. 
No tennis court, including the fence enclosing it, shall be built or maintained in a front yard or within 20 feet of a rear or side lot line.
C. 
All tennis courts shall be completely enclosed with a chain link fence which shall be constructed and maintained in accordance with the following specifications as long as the tennis court remains in existence:
(1) 
Height: not less than 10 feet nor more than 12 feet above the playing surface.
(2) 
Fabric: not less than nine-gauge steel having a uniform square mesh with two inches between parallel sides. The mesh shall have a green plastic coating.
(3) 
End and corner posts: two-and-one-half-inch ID galvanized pipe with a wall thickness of 0.203 of an inch.
(4) 
Line posts: two-inch ID galvanized pipe with a wall thickness of 0.154 of an inch.
(5) 
Horizontal lines: There shall be three horizontal rails running between the vertical posts situated at the top center and bottom of the chain link fabric. These rails shall be one-and-one-fourth-inch ID galvanized pipe having a wall thickness of 0.14 of an inch.
(6) 
Distance between posts: not more than 10 feet.
D. 
All tennis courts and the fencing surrounding same shall be completely screened from adjoining properties by a living screen of coniferous trees. Said trees shall be at least eight feet in height when planted and shall be planted five feet on center between the fence surrounding the court and the lot lines of the lot on which the court is located, on all sides of the court not facing the dwelling on the same lot. Said coniferous screening shall consist of Canadian hemlock or an alternate approved by the Code Official and shall be maintained as long as the tennis court remains in existence.
E. 
The height of the playing surface of the tennis court shall not be above the existing mean level of the ground immediately surrounding the court area prior to construction of the court.
F. 
No tennis court shall be constructed or maintained so as to permit any drainage water to flow onto adjacent properties or public streets.
G. 
There shall be no artificial illumination of the tennis court.
H. 
The building permit and certificate of occupancy for a tennis court must be obtained from the Board of Trustees after full compliance with all the requirements of the law has been certified by the Code Official.
[Added 4-13-1998 by L.L. No. 4-1998]
A. 
Purpose.
(1) 
The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas.
(2) 
The goals of this section are to:
(a) 
Protect residential areas and land uses from potential adverse impacts of towers and antennas.
(b) 
Encourage the location of towers in nonresidential areas.
(c) 
Minimize the total number of towers throughout the community.
(d) 
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.
(e) 
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
(f) 
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques.
(g) 
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.
(h) 
Consider the public health and safety of communication towers.
(i) 
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(3) 
In furtherance of these goals, the Village shall give due consideration to the Village's Comprehensive Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
B. 
Definitions. As used in this section, the following terms shall have the meanings set forth below:
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
C. 
Applicability.
(1) 
New towers and antennas. All new towers or antennas in the Village of Great Neck Estates shall be subject to these regulations, except as provided in Subsection C(3) through (5), inclusive.
(2) 
Amateur radio station operators and receive-only antennas. This section shall not apply to any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(3) 
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsection D(6) and (7).
(4) 
AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
(5) 
Television-reception-only and satellite-reception-only antennas. Notwithstanding any other provision of this section, the following are not subject to regulation pursuant to this section, and do not require a building permit, provided that such antenna is located on the roof of a principal building or within a building:
(a) 
Antennas extending not more than four feet in height above the building or structure upon which they are located, and used only for reception of television signals.
(b) 
Antennas used only for the purposes of receiving satellite signal transmissions, and having a diameter not more than two meters when located in a business district, or not more than one meter in diameter when located in a residential or multifamily residential district.
D. 
General requirements.
(1) 
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
(2) 
Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(3) 
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Code Official an inventory of its existing towers, antennas or sites approved for towers or antennas that are either within the jurisdiction of the Village or within one mile of the border thereof, including specific information about the location, height and design of each tower. The Code Official may share such information with other applicants applying for administrative approvals or special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Village; provided, however, that the Code Official is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(4) 
Aesthetics. Towers and antennas shall meet the following requirements:
(a) 
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(b) 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
(c) 
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(5) 
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(6) 
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(7) 
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Code Official concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(8) 
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Village irrespective of municipal and county jurisdictional boundaries.
(9) 
Nonessential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.
(10) 
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Village have been obtained and shall file a copy of all required franchises with the Code Official.
(11) 
Public notice. For purposes of this section, any special use request, variance request or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsection G(2)(e)[1][b], Table 1, in addition to any notice otherwise required by the Village Code for such applications.
(12) 
Signs. No signs shall be allowed on an antenna or tower.
(13) 
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection H of this section.
(14) 
Multiple antenna/tower plan. The Village encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
E. 
Permitted uses.
(1) 
General. The uses listed in Subsection E(2) as permitted uses shall not require any approval from the Village.
(2) 
Specific permitted uses. The following uses are specifically permitted:
(a) 
Antennas or towers located on property owned, leased or otherwise controlled by the Village, provided that a license or lease authorizing such antenna or tower has been approved by the Village.
F. 
Administratively approved uses.
(1) 
General. The following provisions shall govern the issuance of administrative approvals for towers and antennas:
(a) 
The Code Official may administratively approve the uses listed in Subsection F(2).
(b) 
Each applicant for administrative approval shall apply to the Code Official by providing the information set forth in Subsection G(2)(a) and (c) of this section and a nonrefundable fee as established by resolution of the Board of Trustees to reimburse the Village for the costs of reviewing the application.
(c) 
The Code Official shall review the application for administrative approval and determine if the proposed use complies with Subsections D and G(2)(d) and (e) of this section.
(d) 
The Code Official shall respond to each such application within 60 days after receiving it by either approving or denying the application. If the Code Official fails to respond to the applicant within said 60 days, then the application shall be deemed to be approved.
(e) 
In connection with any such administrative approval, the Code Official may, in order to encourage shared use, administratively waive any zoning district setback requirements in Subsection G(2)(d) or separation distances between towers in Subsection G(2)(e) by up to 50%.
(f) 
In connection with any such administrative approval, the Code Official may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
(g) 
If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to Subsection G prior to filing any appeal that may be available under the Zoning Code.
(2) 
List of administratively approved uses. The following uses may be approved by the Code Official after conducting an administrative review:
(a) 
Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any nonresidential district, provided that such tower or antenna is located at least 90 feet from any property used for residential purposes.
(b) 
Locating antennas on lawful existing structures or towers consistent with the terms of Subsections F(2)(b)[1] and [2] below.
[1] 
Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Code Official as an accessory use to any commercial, industrial, professional, institutional or multifamily structure of eight or more dwelling units, provided that:
[a] 
The antenna does not extend more than 30 feet above the highest point of the structure.
[b] 
The antenna complies with all applicable FCC and FAA regulations.
[c] 
The antenna complies with all applicable building codes.
[d] 
The antenna is located at least 90 feet from any other property used for residential purposes.
[2] 
Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Code Official and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided that such collocation is accomplished in a manner consistent with the following:
[a] 
A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Code Official allows reconstruction as a monopole.
[b] 
Height.
[i] 
An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna.
[ii] 
The height change referred to in Subsection F(2)(b)[2][b][i] may only occur one time per communication tower.
[iii] 
The additional height referred to in Subsection F(2)(b)[2][b][i] shall not require an additional distance separation as set forth in Subsection G. The tower's premodification height shall be used to calculate such distance separations.
[c] 
On-site location.
[i] 
A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within 50 feet of its existing location.
[ii] 
After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.
[iii] 
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to Subsection G(2)(e). The relocation of a tower hereunder shall in no way be deemed to cause a violation of Subsection G(2)(e).
[iv] 
The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in Subsection G(2)(e) shall only be permitted when approved by the Code Official.
(c) 
Locating any alternative tower structure in a nonresidential zoning district that in the judgment of the Code Official is in conformity with the goals set forth in Subsection A of this section.
(d) 
Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
G. 
Special use permits.
(1) 
General. The following provisions shall govern the issuance of special use permits for towers or antennas by the Board of Trustees.
(a) 
If the tower or antenna is not a permitted use under Subsection E of this section or permitted to be approved administratively pursuant to Subsection F of this section, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
(b) 
Applications for special use permits under Subsection G shall be subject to the procedures and requirements of this chapter generally applicable to special use permit applications, except as modified in this subsection.
(c) 
In granting a special use permit, the Board of Trustees may impose conditions to the extent that the Board of Trustees concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(d) 
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
(e) 
An applicant for a special use permit shall submit the information described in Subsection G and a nonrefundable fee as established by resolution of the Board of Trustees to reimburse the Village for the costs of reviewing the application.
(2) 
Towers.
(a) 
Information required. In addition to any information required for applications for special use permits pursuant to this chapter, applicants for a special use permit for a tower shall submit the following information:
[1] 
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), zoning classification of the site and all properties within the applicable separation distances set forth in Subsection G(2)(e), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Code Official to be necessary to assess compliance with this section.
[2] 
Legal description of the parent tract and leased parcel (if applicable).
[3] 
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.
[4] 
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[5] 
A landscape plan showing specific landscape materials.
[6] 
Method of fencing, finished color and, if applicable, the method of camouflage and illumination.
[7] 
A description of compliance with Subsections D(3), (4), (5), (6), (7), (10), (12) and (13) and G(2)(d) and (e) and all applicable federal, state or local laws, rules or regulations.
[8] 
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
[9] 
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
[10] 
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
[11] 
A description of the feasible location(s) of future towers or antennas within the Village based upon existing physical, engineering, technological or geographical limitations in the event that the proposed tower is erected.
(b) 
Factors considered in granting special use permits for towers. In addition to any standards for consideration of special use permit applications pursuant to this chapter, the Board of Trustees shall consider the following factors in determining whether to issue a special use permit, although the Board of Trustees may waive or reduce the burden on the applicant of one or more of these criteria if the Board of Trustees concludes that the goals of this section are better served thereby:
[1] 
Height of the proposed tower.
[2] 
Proximity of the tower to residential structures and residential district boundaries.
[3] 
Nature of uses on adjacent and nearby properties.
[4] 
Surrounding topography.
[5] 
Surrounding tree coverage and foliage.
[6] 
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
[7] 
Proposed ingress and egress.
[8] 
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in Subsection G(2)(c) of this section.
(c) 
Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Board of Trustees that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Board of Trustees related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
[1] 
No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.
[2] 
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
[3] 
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
[4] 
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
[5] 
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
[6] 
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
[7] 
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(d) 
Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the Board of Trustees may reduce the standard setback requirements if the goals of this section would be better served thereby:
[1] 
Towers must be set back a distance equal to at least 75% of the height of the tower from any adjoining lot line.
[2] 
Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
(e) 
Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Board of Trustees may reduce the standard separation requirements if the goals of this section would be better served thereby.
[1] 
Separation from off-site uses/designated areas.
[a] 
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
[b] 
Separation requirements for towers shall comply with the minimum standards established in Table 1.
Table 1
Off-Site Use/Designated Area
Separation Distance
Single-family or two-family residential units
200 feet or 300% height of tower, whichever is greater
Vacant residentially zoned land
200 feet or 300% height of tower,1 whichever is greater
Multifamily residential units
100 feet or 100% height of tower, whichever is greater
Nonresidentially zoned lands or nonresidential uses
None; only setbacks apply
NOTES:
  1Separation measured from base of tower to closest building setback line.
[2] 
Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.
Table 2
Separation Distances Between Existing
Towers and Proposed Towers
Type of Tower
Lattice
Guyed
Monopole 75 Ft in Height or Greater
Monopole Less Than 75 Ft in Height
Lattice
5,000
5,000
1,500
750
Guyed
5,000
5,000
1,500
750
Monopole 75 Ft in height or greater
1,500
1,500
1,500
750
Monopole less than 75 Ft in height
750
750
750
750
(f) 
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Board of Trustees may waive such requirements, as it deems appropriate.
(g) 
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Board of Trustees may waive such requirements if the goals of this section would be better served thereby.
[1] 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
[2] 
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
[3] 
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
H. 
Buildings or other equipment storage.
(1) 
Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(a) 
The cabinet or structure shall not contain more than 300 square feet of gross floor area or be more than 15 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 200 square feet of gross floor area or eight feet in height, shall be located on the ground and shall not be located on the roof of the structure.
(b) 
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 15% of the roof area.
(c) 
Equipment storage buildings or cabinets shall comply with all applicable building codes.
(2) 
Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
(a) 
In residential districts, the equipment cabinet or structure may be located:
[1] 
In a front or side yard, provided that the cabinet or structure is no greater than 10 feet in height or 300 square feet of gross floor area and the cabinet/structure is located a minimum of 20 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 48 inches and a planted height of at least 36 inches.
[2] 
In a rear yard, provided that the cabinet or structure is no greater than 15 feet in height or 300 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least eight feet and a planted height of at least 36 inches.
(b) 
In commercial or industrial districts the equipment cabinet or structure shall be no greater than 15 feet in height or 600 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of at least eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence eight feet in height or an evergreen hedge with an ultimate height of at least eight feet and a planted height of at least 36 inches.
(3) 
Antennas located on towers. The related unmanned equipment structure shall not contain more than 600 square feet of gross floor area or be more than 15 feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
(4) 
Modification of building size requirements. The requirements of Subsection H(1) through (3) may be modified by the Code Official in the case of administratively approved uses or by the Board of Trustees in the case of uses permitted by special use to encourage collocation.
I. 
Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of a notice from the Village notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
J. 
Nonconforming uses.
(1) 
Not expansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
(2) 
Preexisting towers. Preexisting towers lawfully constructed shall be allowed to continue as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.
(3) 
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding the provisions of Subsection I, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in Subsection G(2)(d) and (e). The type, height and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection I.
[Added 11-14-2002 by L.L. No. 2-2002]
A. 
In order to achieve the maximum floor area ratio hereinbefore established in Code §§ 230-6I, 230-7I, 230-8I, 230-9I, 230-10I and 230-11I for a single-family dwelling, certain valuable architectural features must be incorporated in the dwelling. These architectural features are set forth in Subsection B below, and each of these features is assigned a floor area ratio value. The floor area ratio for a single-family dwelling (the base floor area ratio) shall be the maximum floor area ratio hereinbefore established less the reduction in floor area ratio set forth in Subsection C hereof. For each valuable architectural feature incorporated in the dwelling, the value assigned to that feature in Subsection B shall be added to the base floor area ratio, to an amount not exceeding the maximum floor area ratio hereinbefore established for the dwelling.
B. 
Architectural features and floor area ratio values.
Architectural Feature
Floor Area Ratio Value
Peaked roof on 80% of the building area of the dwelling
0.03
Peaked roof on one-story portions of the dwelling
0.02
Minimum of two bay windows, each having a framed area of at least 16 square feet
0.02
Open porch, which will remain unenclosed, on the front of the dwelling having a minimum depth of five feet six inches and a length which covers at least 65% of the length of the front facade of the dwelling (excluding the garage and vestibule)
0.03
Projecting vestibule
0.02
Attached garage which is set back at least 10 feet from the front line of the dwelling
0.02
C. 
Districts and total reduction in floor area ratio.
District
Total Reduction in Floor Area Ratio
Residence AA
0.03
Residence A
0.05
Residence B
0.06
Residence BB
0.06
Residence BC
0.06
Residence C
0.07
D. 
In order to encourage the retention and upgrading of single-family dwellings which were built prior to 1950 and which have not been altered subsequently so as to increase the floor area of said dwelling, the provisions of Subsections A, B and C of this section shall not be applied in the event of a proposed alteration and/or addition to said dwelling, provided that the Building Department of the Village shall certify, in writing, that:
(1) 
Such dwelling was built prior to 1950 and has not been altered subsequently so as to increase the floor area of said dwelling; and
(2) 
Such proposed alteration and/or addition will not effect a change in excess of 25% of the floor area of the dwelling as it existed in 1950; and
(3) 
The proposed total floor area (existing and proposed) does not exceed 110% of that which would be allowed pursuant to Subsections A, B and C.
[Added 11-14-2002 by L.L. No. 2-2002]
With respect to a single-family dwelling:
A. 
No horizontal plane of a front or side facade shall extend for more than 30 feet without a change or break in said plane of at least 1.5 feet. A projecting chimney which is less than five feet in width at eight feet above the finished grade or which is facing the front yard shall not be considered a change or break in a plane. The minimum length of each plane shall be five feet.
B. 
No more than 75% of a two-story front or side facade shall be made in one vertical plane; the balance of said facade shall follow a vertical plane which is separated from the former plane by at least 1.5 feet. A projecting chimney which is less than five feet in width at eight feet above the finished grade or which is facing the front yard shall not be considered a separation. The minimum length of each plane shall be five feet.
C. 
At least 10% of each plane of each facade shall be comprised of fenestration (windows and/or doors).
D. 
As determined by the Architectural Review Board, exterior building materials such as stucco, brick, siding, etc., and architectural detailing shall be consistent on all four elevations of the structure. There may be more than one type of material or architectural detailing on each elevation so long as all four elevations are consistent with one another.
E. 
No part of any street-front-facing garage shall be below the grade at the curb adjacent to the property.
F. 
At least 80% of the roof surface shall qualify as a pitched roof by being a minimum of six inches in vertical rise for every 12 inches of horizontal distance (6:12).
[Added 11-14-2002 by L.L. No. 2-2002]
The maximum permitted horizontal area covered by buildings, accessory buildings, patios, pavement, swimming pools and other impervious surfaces on a lot shall be computed in accordance with the following table; provided, however, that in no event shall more than 25% of any front yard be comprised of impervious surfaces:
Maximum Permitted
Impervious Surface
Lot Area
(square feet)
For Base Lot Area
(square feet)1
For Lot Area Over Base Lot Area1
0 to 4,000
0
45%
4,001 to 6,000
2,200
25%
6,001 to 12,000
2,900
17%
12,001 to 16,000
4,520
16%
16,001 to 20,000
5,560
15
20,001 to 30,000
6,560
14%
30,001 to 40,000
8,960
13%
40,001 and larger
11,260
12%
1 NOTE: "Base lot area" is the minimum end of the lot size range in the "Lot Area" column.