[Added 3-2-2004 by L.L. No. 10-2004]
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.
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.
(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.
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]
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.
(4)
Any other use clearly and customarily incidental and
accessory to a permitted principal use and conducted in conjunction
with such use.
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.
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.
[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.
