Village of Great Neck, NY Article X Mixed-Use MU Districts

[Added 3-2-2004 by L.L. No. 10-2004]

§ 575-116 Purpose.

It is the purpose of the MU District to provide the opportunity and encouragement for the creation of a planned development containing a mix of housing types, small-scale retail, office, personal service and/or other compatible uses.

§ 575-117 Uses.

A. Permitted uses. A building may be erected, altered or used and a lot or premises may be used for any of the purposes set forth in this section and for no other:

(1) Multifamily dwellings and attached single-family dwellings (townhomes).

(2) Administrative, professional, medical and business offices, not exceeding 1,000 square feet of floor area each.

(3) All stores and shops for conducting any of the retail businesses set forth below (including sales, repairs and/or services): antiques; art supplies; awards, trophies and medals; bicycles; cameras, collectibles and memorabilia; computers; crafts, knitting supplies and hobbies; health club; grocery, fruits and vegetables; delicatessen; barbershop; beauty parlor; leather goods; luggage and shoes; liquor package store; hardware; meat; fish; drugs, cosmetics, toiletries and gifts; bakery; tobacco; newspaper and magazines; ice cream and confectionery; custom tailoring; dressmaking and millinery; clothing; dry goods; furniture; home appliances; decorator goods; picture frames; paints and wallpaper; household bedding; hospital supplies and equipment; locksmith; nail salon; packaging and mailing services; party supplies; photographic studio, supplies and services (excluding on-premises developing); sporting goods (excluding firearms); stamps and coins; video sales and rentals; stationery; books; furs; toys; florist; floor coverings, carpets and rugs; jewelry, watches and clocks; optician and optical goods; musical, professional or scientific instruments; radios, televisions and audio equipment (excluding installations in motor vehicles); and showrooms for sign, awning canopy and construction services.

[Amended 8-18-2009 by L.L. No. 4-2009; 12-21-2021 by L.L. No. 2-2022]

(4) Village of Great Neck municipal facilities, including community spaces.

(5) Banks, except no drive-up windows accessory thereto.

B. Other uses. All other uses which, in the opinion of the Village Board after public hearing, are of the same general character as those specifically permitted herein shall be permitted in accordance with the following procedure:

(1) An application under this subsection shall be filed with the Clerk of the Village Board. Such application must be in writing and submitted and verified by the applicant or applicants, together with eight copies. It shall contain the following:

(a) The identity of the fee-title owner of the property and the contract vendee or lessee of the property, if any. The fee title owner and contract vendee and/or lessee of property, if any, must join in the application.

(b) An accurate metes and bounds description of the property, section, block and lot number from the Nassau County Tax Maps, and a short-form description for public advertising purposes.

(c) The present zoning of the property.

(d) An unequivocal statement of the use requested to be made of the property if the application is granted.

(e) A general statement of the character and zoning of the surrounding neighborhood.

(f) A general statement of reasons or facts justifying the relief sought.

(2) Each such application shall be accompanied by the following:

(a) Nine copies of a site plan and general building plans showing the design, location and use of buildings, structures and open spaces, as proposed by the application.

(b) Nine copies of a survey by a licensed engineer or surveyor, bearing a date not more than 60 days prior to the date of application; and the scale must be not less than one inch equals 100 feet and not larger than one inch equals 50 feet.

(c) Nine copies of a key map, either incorporated in the survey or separate, showing the location and zoning of all surrounding properties within 200 feet of the perimeter of the subject property.

(d) A fee in the amount set forth in the Schedule of Village Fees.[1]

[1] Editor's Note: For current fees, consult the Schedule of Village Fees on file in the Village offices.

(3) Where an application has been denied, no new application for the same relief, as to the same parcel of property, may be submitted for a period of one year after the date of the resolution denying the original application is filed in the Village Clerk's office.

(4) The Village Board, in considering such application and after public hearing, may issue permits for such uses for a limited period of time or otherwise, subject to such conditions and safeguards as shall be deemed appropriate, when, in its opinion, it shall find that such proposed use and improvement will conform to the general character of the neighborhood in which the property to be used is located and that the public health, morals, safety and general welfare of such neighborhood will be secured and will be in accordance with the Comprehensive Plan and the provisions, as set forth in this chapter, to lessen congestion in the streets; to secure safety from fire, panic or other danger; to prevent overcrowding of land; to avoid undue concentration of population; to safeguard the adequate provision of water, sewage disposal, parks and other public requirements; and to protect and secure the nature and character of the existing neighborhood and the values of the property therein.

(5) No modification, variance or change in the general location, layout and character of the project, which shall include the architectural designs and arrangements of all buildings as shown on the plan, as approved, will be permitted.

(6) The provisions of Article XX, §§ 575-193, 575-194 and 575-195, shall apply to all applications made and permits granted under this section.

C. Conditional uses. A building may be erected, altered or used and a lot or premises may be used for any of the purposes set forth in this section when authorized by the Village Board and for no other. The Village Board shall base its authorizing determination upon whether the proposed use is appropriate to the enhancement of the Village residents' use of this area within the Village, taking into account the then existing and proposed uses within the district, the applicable criteria set forth in § 575-170.9 of this chapter, and such other factors as the Village Board may deem appropriate at that time.

[Amended 12-15-2015 by L.L. No. 9-2015]

(1) Restaurants (not including the type of restaurant commonly known as a "diner," "fast food" and/or "lunch wagon," and not including drive-in or drive-up establishments).

(2) Churches or other buildings used exclusively for religious purposes.

D. Accessory uses. No accessory uses shall be permitted other than the following:

(1) Private noncommercial recreation, health and fitness facilities for residents of the development and their guests.

(2) Parking.

(a) Residential uses. Two-and-one-half parking spaces per dwelling unit are required. All other aspects of parking shall be governed by § 575-155, except where otherwise set forth herein.

(b) Nonresidential uses.

[1] Places of public assembly and restaurants: one parking space for each four persons who can legally be accommodated, plus one parking space for each employee.

[2] All other permitted nonresidential uses: one parking space for each 200 square feet of gross floor area or three parking spaces, whichever is greater. Notwithstanding the above, the Village Board may vary the parking requirement on a case-by-case basis depending upon the specific nature and characteristics of the proposed use and may require loading docks and loading areas.

[3] Each parking space required by this section shall be at least nine by 19 feet. The aisle or driveway giving direct access thereto shall have a minimum width of 22 feet. There shall be no tandem parking.

(c) Underground parking. Eighty percent of the total parking requirement for any project shall be provided in the form of underground parking spaces, if feasible as determined by the Village Board.

(3) Signs, as permitted in Article XV, and as otherwise regulated herein.

(4) Any other use clearly and customarily incidental and accessory to a permitted principal use and conducted in conjunction with such use.

§ 575-118 Uses subject to master plan and site plan approval.

A. Prior to the subdivision, site plan approval, development or use of any land within an MU District, the applicant shall prepare and submit to the Village Board a master plan for its entire holdings in the MU District. The seeking of master plan approval for only a portion or phase of said entire holdings shall not be permitted. Such master plan shall be subject to Village Board approval in accordance with the same procedures applicable to site plans. Such master plan need not contain the same level of detail as required for site plans but shall present generalized graphic land use, architectural, access and traffic circulation plans as well as a graphic and narrative conceptual statement describing the design and development concept, the intended manner of provision of utility services and other such relevant information. The site plan required for each proposed development within an MU District shall be consistent with the approved master plan. Once approved, a master plan may be amended only with the approval of the Village Board.

B. The Village Board, in approving a master plan, shall have the authority to modify the parking and dimensional requirements set forth herein where such modification is determined to be in the interest of superior design and furthers the design guidelines enumerated herein or is otherwise found to be in the best interests of the Village.

C. Subsequent to master plan approval by the Village Board, all proposed uses shall be subject to site plan approval by the Planning Board as provided in Article XXV, Site Plan Approval, of this chapter. Where the requirements contained in Article XXV conflict with the dimensional standards and requirements contained in this article, the standards set forth herein shall apply.

D. Subsequent to site plan approval by the Planning Board, all proposed uses shall also be subject to architectural, signage, and other review as provided in Article XVIII, Architectural Review, of this chapter, except that the Architectural Review Committee shall only be authorized in the MU District to submit an advisory and/or recommendation report to the Village Board, which Board shall be responsible for the issuance of architectural review application approvals.

§ 575-119 Dimensional standards and requirements.

A. The maximum number of dwelling units per gross acre shall be 21 and the maximum number of dwelling units per net acre shall be 41. Net acreage shall be the gross acreage excluding, as determined by the Village Board, any substantial open natural or landscaped areas of such lot that are within or adjacent to the subject dwelling units.

B. The maximum floor area ratio (FAR) for all uses on a lot shall be 0.7.

C. The maximum building coverage for all uses on a lot shall be 35%.

D. The maximum building height shall be three stories or 31 feet, whichever is less. Notwithstanding the above, in no case shall building height violate sight lines from West Terrace Road looking due east to Manhasset Bay. Sight lines shall be measured from points 40 feet east of West Terrace Road at a height of 15 feet above grade to the east-west midpoints of Manhasset Bay. The portion of West Terrace Road which is more than 1,000 linear feet from Vista Hill Road shall be excluded from this requirement.

E. The Village Board may permit minor architectural features to exceed the preceding height limitations, provided that said Board determines that such features will serve to achieve the objectives of the design guidelines as set forth in § 575-120 hereof or is otherwise in the best interests of the Village.

F. The minimum front yard setback shall be 15 feet, which area shall be landscaped except for necessary access drives and walkways. Notwithstanding the above, the Village Board may reduce this setback on a case-by-case basis depending upon the specific nature and characteristics of the proposed use.

G. The minimum side yard setback shall be 15 feet, which area shall be landscaped except for necessary access drives and walkways. Notwithstanding the above, where abutting a single-family residence district, the minimum side yard setback shall be 30 feet, all of which shall be maintained as a landscaped buffer.

H. The minimum rear yard setback shall be 25 feet, but shall be 30 feet where abutting a single-family residence district. All parking areas located in a rear yard which abuts a single-family residence district shall be buffered or screened to the satisfaction of the Village Board.

I. The following encroachments into required yards are hereby permitted:

(1) Cornices, eaves, gutters and chimneys not more than 24 inches.

(2) Bay windows not more than six feet in length and one story high: three feet.

(3) One-story open porch having a maximum eave height of 12 feet, and a terrace, neither one of which may project more than 5 1/2 feet into a minimum front yard.

(4) One-story enclosed vestibule, not greater than nine feet in width, projecting not more than 5 1/2 feet into a minimum front yard.

(5) One-story open porch or terrace, which may project into a rear yard not more than 10 feet.

(6) Unenclosed and unroofed platform and steps, designed to provide safe access to grade from service entrance doors, may extend not more than 3 1/2 feet into a minimum side yard. The maximum horizontal surface of any encroaching platform shall not exceed 14 square feet.

J. Parking areas shall be divided into smaller parking courts separated by raised, landscaped planting islands, building blocks or other architectural or landscape architectural features. The integration of pedestrian, vehicular and utility access between neighboring properties, as appropriate, may be required by the Village Board as a condition of master plan approval.

K. The minimum distance between adjacent buildings shall be equal to 1/2 of the height of the higher building, but in no case less than 10 feet.

L. In order to encourage safe and convenient traffic circulation, the Village Board may require the interconnection of parking areas via access drives within and between adjacent lots. Said Board shall require written assurances and/or access easements, satisfactory to the Village Attorney, binding the owner and its successors and assignees to permit and maintain such internal access and interconnection of parking facilities.

M. In accordance with 6 NYCRR Part 617.13, all applicants proposing development in the MU District shall pay a proportionate share of the Village's actual costs expended for the generic environmental impact statement which was prepared in connection with the environmental analysis of the MU District pursuant to Part 617.10. This chargeback shall be in addition to any other project-specific fees which are applicable under Part 617.13.

§ 575-120 Design guidelines.

[Amended 10-7-2014 by L.L. No. 6-2014]

It is the objective of these guidelines to establish a general design framework for creating and/or preserving the desired architectural character and scale of buildings in Mixed-Use Districts and, when there is a residential component, Business A Districts; to help assure that such areas will be visually attractive and will blend landscaped open space and structures in a manner that relates harmoniously to the existing and/or planned character of the MU and Business A Districts and nearby portions of the Village; and to create visual interest and variety in the treatment of architectural surfaces.

A. Overall site design shall be appropriately related to other existing, proposed, planned and/or future surrounding development and topographical conditions to effectuate the purpose of this article.

B. Building and site design shall be planned to enhance the pedestrian experience.

C. Sites shall be designed in accordance with the objective stated in the first paragraph of § 575-120 above. On portions of the site which are primarily residential in use, parking lots shall generally be avoided. Parking lots shall be divided into relatively small areas framed by buildings and landscaping.

D. Buildings shall be harmonious and compatible with other existing, proposed, planned and/or future neighboring structures in terms of the following exterior design elements:

(1) The nature and use of surface materials.

(2) The height of cornices, lintel and sill levels, articulated floor levels and other horizontal building features.

(3) The spacing and proportion of columns, piers and other elements of the basic structural grid.

(4) The spacing and proportion of window and door openings, bays or other aspects of building fenestration.

(5) Colors, textures and the general nature of exterior materials and treatment, including building ornament and trim.

(6) Treatment, screening and/or enclosure of all utility and mechanical installations.

E. Building facades shall present a varied appearance at street level and be designed to give individual identity to each building and/or use, as well as to help achieve the planned pedestrian scale.

F. The design of building facades shall reflect the scale of other existing, proposed, planned and/or future building development through modulation of vertical and horizontal elements by features such as:

(1) Variation in roof heights.

(2) Changes in the predominant wall plane and/or in facade elements, such as window openings and balconies.

(3) Use of horizontal projections or recesses in the building facade, such as bay windows, cornices, balustrades, etc.

(4) Use of pitched roofs and other roof elements, such as cross gables, dormer windows and turrets, to provide visual interest, reduce the scale of continuous roofs and break the line where the building meets the sky.

G. Treatment of the sides and rear of proposed buildings shall be in a manner substantially consistent in appearance, amenity and quality of materials to the treatment given to their street frontage.

H. A coordinated landscape plan shall be prepared incorporating the landscape treatment of open spaces, walkways, access roads and parking areas into a cohesive and integrated design. Attractively landscaped open spaces, plazas and recreational areas, designed as gathering places and intended for maximum usability by on-site residents and workers, shall be provided in appropriate locations. All open spaces, pedestrian walkways, parking areas and access drives shall be planned as an integral part of an overall site design, properly related to existing and proposed buildings.

I. The coordinated landscape plan shall include a mix of shade trees and other plant material, such as ground cover and shrubs, with proper regard to factors such as micro-climate, function of area, existing plantings and required maintenance in determining the species, scale and planting pattern.

J. Walkways and other surface areas of paving material shall offer a variety of pigments and textures which are in harmony with other nearby existing, proposed, planned and/or future buildings and other paved surfaces and are safe for pedestrian traffic, including the handicapped.

K. Walkways shall be planted with regularly spaced, salt-tolerant shade trees, selected with regard to the scale of the area in which they are located as well as the height and spacing of streetlighting.

L. All landscaping as shown on the approved site plan shall be maintained in a healthy growing condition throughout the duration of the use or uses being served. Any plants not so maintained shall be replaced by the property owner with healthy new plants of comparable size, type and quality at the beginning of the next immediately following growing season.

M. All signage shall be carefully integrated with other site design elements. Signage shall be designed so that it is visible and informative at the pedestrian scale. Signs shall not be mounted above the eave line of any structure or be placed in or attached to any window.

N. Freestanding project identification signs shall be permitted at certain access drives connecting to the external public road system. Necessary small-scale informational and directional signs shall also be permitted, as required.

O. All exterior lighting shall be of adequate illumination for safety and security purposes. It shall be of such type and location and shall have such shading as will prevent the source of light from being visible from any adjoining streets and properties and shall prevent glare from spilling onto other properties or streets. Lighting shall be limited in its hours of operation, as determined appropriate by the Village Board, and shall be coordinated with building design and landscape plans. The height of lighting fixtures shall be limited so as to be consistent with the planned pedestrian scale of development.