Village of Great Neck, NY Article XXVI Residence For Senior Citizen Housing District

[Added 3-17-1981 by L.L. No. 1-1981]

§ 575-226 Applicability.

In a Residence F District the following regulations shall apply.

§ 575-227 Use.

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:

A. A multiple residence for elderly, handicapped and disabled families, to be owned and operated by a municipal or public corporation organized for such purposes under the laws of the State of New York and conforming to the parking limitations set forth in § 575-155B(2).

B. A church or other building used exclusively for religious purposes, subject to approval by the Board of Trustees pursuant to § 575-170.9 of this chapter; parish house; or parochial school.

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

C. A regularly organized institution of learning approved by the State Board of Regents and supported by public funds; a public library; or public art gallery.

D. A government or municipal building for the administration of or service rendered by the Village government.

E. A municipal park for recreational use.

F. An accessory use on the same lot with and customarily incidental to any of the above-permitted uses, including those specified in §§ 575-228 and 575-229.

G. Signs, as permitted in Article XV of this chapter.

§ 575-228 Definitions.

Certain words in this article are defined for the purpose thereof as provided in this section:

DISABLED FAMILY

A. A family whose head or spouse or whose sole member has:

(1) A severe, chronic disability which:

(a) Is attributable to a mental or physical impairment, or a combination of mental and physical impairments;

(b) Is manifested before the person attains age 22;

(c) Is likely to continue indefinitely;

(d) Results in substantial functional limitations in three or more of the following areas of major life activity: self-care; receptive and expressive language; learning; mobility; self-direction; capacity for independent living; and economic self-sufficiency; and

(e) Reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated; or

(2) An inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or

(3) Attained the age of 55 and is blind and, by reason of such blindness, is unable to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time.

B. A "disabled family" meeting the requirements of Subsection A(1), (2) or (3) above may include two or more elderly, disabled or handicapped persons living together, or one or more such persons living with another person who is determined to be essential to his or her care and well-being.

EFFICIENCY DWELLING UNIT

An apartment where no separate bedroom is provided, the living and sleeping areas being combined in a single room.

ELDERLY FAMILY

A family whose head or spouse or whose sole member is at least 62 years of age, and may include two or more elderly, disabled or handicapped persons living together, or one or more such persons living with another person who is determined to be essential to his or her care and well being.

HANDICAPPED FAMILY

A. A family whose head or spouse or whose sole member has a physical or mental impairment which:

(1) Is expected to be of long-continued and indefinite duration;

(2) Substantially impeded his or her ability to live independently; and

(3) Is of such nature that such ability could be improved by more suitable housing conditions.

B. A "handicapped family" meeting the requirements of Subsection A above may include two or more elderly, disabled or handicapped persons living together, or one or more such persons living with another person who is determined to be essential to his or her care and well being.

PHYSICAL OR MENTAL IMPAIRMENT

An impairment that results from anatomical, physiological or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.

§ 575-229 Height.

A. No multiple residence shall exceed a maximum height of 38 feet.

B. In case of a building other than one used for residential purposes, no building or part thereof shall exceed three stories with a maximum height of 31 feet.

C. The following encroachments above said maximum heights are hereby permitted:

(1) Parapets not exceeding three feet in vertical distance from the base to the highest point.

(2) Penthouses for stairways or elevators, not exceeding 12 feet in vertical distance from the base to the highest point and not exceeding, in total, 10% of the building area.

§ 575-230 Density.

A. No multiple residence may be constructed and no existing building may be converted for use as a multiple residence on a lot containing an area of less than 40,000 square feet or having a street frontage of less than 200 feet.

B. The minimum lot area per dwelling unit may not be less than 500 square feet for each efficiency dwelling unit and one-bedroom dwelling unit and 750 square feet for each two-bedroom dwelling unit.

C. No more than 2% of the dwelling units in the multiple residence shall have two bedrooms, and none of the dwelling units shall have more than two bedrooms.

§ 575-231 Building area.

The total building area (coverage), including accessory structures, may not exceed 40% of the lot area.

§ 575-232 Floor area.

Multiple residences shall provide habitable floor area of not less than 400 square feet per efficiency, not less than 590 square feet per one-bedroom dwelling and not less than 600 square feet per two-bedroom dwelling.

§ 575-233 Front yards.

A. On an interior lot the minimum front yard depth shall be 30 feet.

B. On a corner lot a front yard shall be required on each public street; the front yard on the narrower street frontage shall not be less than 30 feet in depth, and the other front yard shall not be less than 15 feet in depth.

[Amended 2-4-2003 by L.L. No. 2-2003]

§ 575-234 Side yards.

A. On an interior lot a main building shall have two side yards, neither of which shall be less than 15 feet. If such building is over 21 feet in height, the width of each side yard shall not be less than 20 feet.

B. On a corner lot a building shall have only one side yard. Said side yard shall be on the side adjoining the interior lot opposite the front yard having the greater street frontage. Said side yard shall have a minimum width of 15 feet. If such building is over 21 feet in height, the width of the side yard shall be not less than 20 feet. The remaining yard shall be considered the rear yard and shall conform to the provisions of § 575-235.

§ 575-235 Rear yards.

There shall be a rear yard, the depth of which shall not be less than 30 feet.

§ 575-236 Permitted encroachments.

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

(1) Cornices, eaves, gutters and chimneys may project not more than 24 inches into minimum front, side and rear yards.

(2) Bay windows, not more than eight feet in width and not more than one story high, may project not more than three feet into minimum front and side yard.

[Amended 10-5-2021 by L.L. No. 4-2021]

(3) A one-story enclosed vestibule, not more than six feet in width, may project not more than five feet into a minimum front yard.

(4) One-story open porches or terraces, may project not more than 10 feet into a minimum rear yard.

(5) An unenclosed and unroofed platform and steps designed to provide safe access to grade from service entrance doors may project not more than three feet six inches into a minimum side or rear yard. The maximum horizontal surface of any encroaching platform shall not exceed 14 square feet.

B. In any case where the Board of Appeals has diminished a required yard by a variance, the foregoing permitted encroachments shall be reduced to the extent of such diminution.

§ 575-237 Accessory structures.

A. [1]Retaining walls shall not extend above the ground they support.

[1] Editor’s Note: Former Subsection A, concerning fences, was repealed 11-20-2012 by L.L. No. 17-2012. This local law also proved for the redesignation of former Subsections B through D as Subsections A through C, respectively.

B. Stationary outdoor fireplaces shall be located at least 10 feet from property lines and shall not exceed five feet in height.

C. Pergolas shall not exceed 10 feet in height.

§ 575-238 Accessory buildings.

A. Accessory buildings, except as otherwise provided in this article, shall not be over 15 feet in height at their highest point and shall not occupy more than 40% of the rear yard.

B. Unless otherwise provided in this article, accessory buildings or structures shall be located in the rear yard and shall not be less than 10 feet distant from the main building and not less than three feet distant from the rear and side lot lines. Notwithstanding the foregoing, the Superintendent of Buildings may permit a retaining wall closer than such distances when, in the judgment of the Superintendent, adequate arrangements have been made to retain soil on the same lot in the event of a breach in the retaining wall and otherwise provide for the safety of persons and structures in the vicinity. A refusal of such permission by the Superintendent may be appealed to the Board of Trustees, which shall consider the advice of such licensed engineer as the Village may, from time to time, appoint for this purpose.

[Amended 11-18-2008 by L.L. No. 9-2008; 7-19-2022 by L.L. No. 6-2022]

C. Unless otherwise provided in this article, accessory buildings or structures on corner lots 100 feet or less in depth shall be located as far as possible from the front property lines.

D. No accessory buildings or structures, except fences or retaining walls as hereinabove provided in this article, shall be erected within 20 feet of a residential building on an adjoining lot.