Village of Great Neck Plaza, NY
Nassau County
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Table of Contents
Table of Contents
In the Residence D District, the following regulations shall apply.
No building shall be erected, altered or used and no lot or premises shall be used except for one or more of the following purposes:
A. 
Multiple dwellings.
B. 
Churches.
C. 
Public free schools, libraries or public museums.
D. 
Accessory uses customarily incident to the above uses. No accessory use shall be erected within five feet of any side or rear line or nearer than 50 feet to any street line.
A mixed-use occupancy of any building or parcel of real property, even where such uses are permitted pursuant to § 225-35 of this Article, is hereby prohibited.
A. 
Except as otherwise authorized by § 225-42.1, no building shall exceed three stories, with a maximum height of 45 feet.
[Amended 8-1-2018 by L.L. No. 4-2018]
B. 
Height in stories of a multiple dwelling does not include basements or cellars which are wholly below the curb grade. Any habitable area of such a basement may be used for a superintendent and/or porter's dwelling unit only.
[Amended 8-1-2018 by L.L. No. 4-2018]
A. 
Except as otherwise authorized by § 225-42.1, all buildings shall occupy no more than 50% of the area of the lot.
B. 
No individual dwelling unit in a multiple dwelling shall have a gross floor area of less than 1,000 square feet.
A. 
Except as otherwise set forth in § 225-42.1, there shall be a rear yard, the depth of which shall not be less than 15 feet.
[Amended 8-1-2018 by L.L. No. 4-2018]
B. 
Except as otherwise set forth in § 225-42.1, there shall be a front yard, the depth of which shall not be less than 20 feet.
[Amended 8-1-2018 by L.L. No. 4-2018]
C. 
Except as otherwise set forth in § 225-42.1, two side yards shall be provided on every lot, the aggregate width of which shall be at least 20 feet. Neither side yard shall be less than 10 feet.
[Amended 8-1-2018 by L.L. No. 4-2018]
D. 
No portion of a building may encroach on any yard except the following:
(1) 
Driveways.
(2) 
A balcony without walls or railings of any kind which may be located only in the rear of the first floor of a building, which balcony may project no more than 12 feet from the building.
(3) 
Planting boxes.
(4) 
Air-conditioning units projecting not more than six inches into or over such yards.
(5) 
Eaves, gutters or downspouts projecting not more than 16 inches into such yards.
(6) 
Steps.
(7) 
Fences.
(8) 
Retaining walls.
(9) 
Balconies, provided that:
(a) 
They project not more than five feet from the building wall which they are attached; and
(b) 
There shall be 15 feet between the furthest projection of such balcony and the lot line or between the furthest projection of such balcony and any wall of the same or any other building.
(10) 
Bay windows, provided that they project no more than five feet (into the minimum required area of a yard), and they are no greater than eight feet in width.
No building shall be hereafter erected or altered on a lot of less than 6,000 square feet or on a lot having a width of less than 60 feet at the building line.
In the case of a corner lot, a building shall be required to be set back 20 feet from each street line.
[Amended 8-1-2018 by L.L. No. 4-2018]
Except as otherwise set forth in § 225-42.1, the total gross floor area of all buildings on a lot shall not exceed 43,560 square feet per acre, adjusted proportionately for lots which are smaller or larger than one acre.
[Added 8-1-2018 by L.L. No. 4-2018]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AHU or AFFORDABLE HOUSING UNIT
A residential unit that is constructed under the provisions of this section and rented to an eligible individual pursuant to the standards set forth in this section. In order to constitute an affordable housing unit for purposes of this section, a residential unit must be available to be leased only to households which satisfy the financial eligibility criteria set forth in this section and charge an annual rent no higher than that set forth in this section.
AHU SPACE
The total cumulative gross floor area of all space located within the interior walls of affordable housing units in a building.
BOARD
The Board of Trustees of the Village.
BUILDING OWNER
The owner of the building containing an affordable housing unit. Such term shall include initial building owner (as hereinafter defined).
HOUSEHOLD
The person who seeks to rent an affordable housing unit, together with any other individual who resides (for more than 30 days per year) or intends to reside or actually resides (for more than 30 days per year) in the affordable housing unit, including, without limitation, parents, children, spouses and persons united in a legally recognized civil union.
INITIAL BUILDING OWNER
The owner or developer of a building who provides affordable housing units under this section at the time that the affordable housing unit is initially constructed and receives an initial certificate of occupancy.
INITIAL UNIT OWNER
The owner of an affordable housing unit that is constructed under this section at the time that the affordable housing unit is initially constructed and receives an initial certificate of occupancy, except that, in the case of an affordable housing unit located in a building owned by a cooperative corporation, this term shall refer to the owner of the shares in the cooperative corporation allocated to the affordable housing unit.
PERMIT
Any permit, license or approval of any kind necessary for the demolition, construction, conversion or occupancy of a building within the Village. This term shall include but shall not be limited to demolition permits, certificates of occupancy, site plan approvals, conditional use permits, or permits of compliance.
UNIT OWNER
The owner of an affordable housing unit, except that, in the case of an affordable housing unit located in a building owned by a cooperative corporation, the term shall refer to the owner of the shares in the cooperative corporation allocated to the affordable housing unit. Such term shall include "initial unit owner."
VILLAGE
The Village of Great Neck Plaza.
B. 
Additional development authorized.
(1) 
If a building hereinafter constructed or converted in the RD District contains affordable housing units that comprise at least 20% of the gross floor area in the building, then the Board of Trustees, in its sole discretion, may, notwithstanding the provisions otherwise applicable in the RD zone, issue a conditional permit to said building which:
(a) 
Authorizes said building to have lot coverage of up to 55%;
(b) 
Authorizes said building to have a floor area ratio of up to 2.0, i.e., 87,120 square feet per acre, adjusted proportionately for lots which are smaller or larger than one acre;
(c) 
Authorizes said building to have a height of up to 45 feet;
(d) 
Authorizes said building to contain four stories, provided that the fourth floor is set back on all sides at least five feet from the building wall of the first three floors, and provided further that said building does not abut and is not adjacent to a single-family dwelling;
(e) 
Decrease the applicable front yard requirements based on, among other things, the configuring of the property lot, building details and the location and site of neighboring buildings, but in no case shall the front yard be less than 15 feet;
(f) 
Allows a mixed residential use on said property lot consisting of single-family dwellings, clustered single-family housing and/or multiple dwellings;
(g) 
Allows fences on said lot up to six feet in height, notwithstanding any provision to the contrary in Article XII, § 225-99, of this chapter.
(2) 
The Board of Trustees shall not grant a permit under this section unless it finds that the granting of such permit will be in accordance with the Village's comprehensive zoning plan, will conform to the general character of the neighborhood in which the subject property is located and will secure the public health, safety and welfare. In determining whether to grant any of the modifications authorized by this subsection, the Board shall also take into consideration, among other factors, the proximity of neighboring buildings; the height of neighboring structures; the use of neighboring structures; the design of the building to be constructed or converted; and the provision of public amenities, such as public plazas and accessible public art, that will serve to enhance the desirability of buildings containing affordable housing units. If the Board determines to issue such a permit, the Board may also impose such conditions and safeguards in connection therewith as it deems appropriate and necessary to effectuate these goals.
(3) 
In connection with issuing any conditional permit under this section, the Board of Trustees shall be required to make a determination whether there will be a loss of open space and greenery within the Village by reason of the requested permit. If it makes such a determination, then the Board may impose as a condition of issuing the permit either that the applicant undertake necessary landscaping measures to compensate for said loss or that the applicant pay the Village a sum sufficient to enable the Village to undertake compensatory measures within the Village to alleviate the loss of such space within the Village, or both. Said sum shall not exceed an amount equal to $5 for each square foot of gross floor area authorized by said conditional permit above 43,560 square feet per acre, adjusted proportionately for all lots which are larger or smaller than one acre.
(4) 
If a building that has AHU space is destroyed or demolished and a new building replaces it, then the new building, unless it provides the same amount of AHU space as in the destroyed or demolished building, shall not be entitled to use any bonus density that was provided to the destroyed or demolished building under this section in determining the permissible density of the replacement building, and shall not be entitled to any divergence from otherwise applicable standards that was authorized for the demolished or destroyed building under this section.
(5) 
If a previously constructed building located in the RD Zoning District is to be converted to residential use, then a conditional permit may be provided in accordance with this section.
C. 
Requisite documents.
(1) 
Prior to issuing a certificate of occupancy for any building within the RD District that has been granted a permit pursuant to this section, the initial building owner and the initial unit owner must execute and record all requisite legal documents, as determined by the Village Attorney, necessary to insure that, in accordance with the provisions of this section and with such other regulations as the Board may hereinafter adopt, the affordable housing units in said building shall continue to be rented to eligible persons, at rental levels designated herein, for a period of at least 30 years after the affordable housing unit receives an initial certificate of occupancy. The documents necessary to effectuate this requirement may include, but shall not be limited to, the incorporation of suitable provisions into:
(a) 
The bylaws of any cooperative corporation that owns the building at issue;
(b) 
The bylaws of any condominium or homeowners' association relating to the building at issue;
(c) 
The leases pertaining to the building at issue;
(d) 
Mortgage and financing documents relating to the building at issue;
(e) 
Offering memorandums relating to the building at issue; and
(f) 
Declarations of covenants and restrictions relating to the building at issue.
(2) 
All provisions in this article relating to the construction, maintenance and leasing of affordable housing units shall be binding on all successors and assignees of the initial building owner and the initial unit owner. No certificate of occupancy shall be issued for any building within the RD District that has been granted a permit under this section unless and until all requisite legal documents to effectuate this, as determined by the Village Attorney, are executed and recorded.
(3) 
The selection of the tenants who rent affordable housing units shall be determined as to eligibility by the building owner and unit owner in accordance with the provisions of this section. Other than as to eligibility issues, the selection of the tenants who rent affordable housing units shall be made by the building owner and unit owner in accordance with the provisions and procedures applicable to other tenants in the building where the affordable housing units are located, provided such provisions do not conflict with the provisions of this section and do not discriminate against the tenants of affordable housing units.
(4) 
At the conclusion of the thirty-year period during which the requisite units in a building shall be rented as affordable housing units in accordance with the provisions of this article, such units may thereafter be rented by the building owner or unit owner at market rates, provided that:
(a) 
At least six months before the conclusion of such period, persons renting and occupying an affordable housing unit in a co-op or condo building are provided, in writing, with an opportunity to purchase the unit at fair market value;
(b) 
Persons renting and occupying an affordable housing unit in a co-op or condo building who opt not to purchase the unit at fair market value shall have an additional period after the conclusion of the thirty-year period to vacate the unit, during which time their rental rate shall remain at the levels set in accordance with this article; said additional period shall be six months for persons who have resided in the affordable housing unit for less than four years and 12 months for persons who have resided in the affordable housing unit four years or longer; and
(c) 
Persons renting and occupying an affordable housing unit in a rental (i.e., non-co-op or noncondo) building shall have an additional period after the conclusion of the thirty-year period to vacate the unit, during which time their rental rate shall remain at the levels set in accordance with this section; said additional period shall be six months for persons who have resided in the affordable housing unit for less than four years, and 12 months for persons who have resided in the affordable housing unit four years or longer.
D. 
Other bonuses and incentives. In connection with the construction or conversion of any building which contains affordable housing units receiving a permit under this section, the Board shall endeavor to:
(1) 
Expedite, to the extent reasonably possible, all procedures necessary to obtain any permit;
(2) 
Assist the building owner and the unit owner in obtaining any tax benefits, low-cost construction loans, and other similar benefits that might assist in reducing development and construction costs of the building and that might be available by reason of the presence of affordable housing units in such building;
(3) 
Actively assist the building owner and the unit owner in obtaining any assistance, including grants and low-cost loans, that may be available from federal, state and other governmental agencies for the purpose of supporting the creation of affordable housing units.
E. 
Design standards.
(1) 
The exterior appearance of mandated affordable housing units provided pursuant to this section, including, but not limited to, exterior doors, windows and terraces, shall not be distinguishable as a class from other residential units in a building.
(2) 
Common elements used in the construction of mandated affordable housing units provided pursuant to this section, including, but not limited to, electrical services, plumbing services, mechanical services and alarm services, shall not be distinguishable as a class from other residential units in the building. However, the fixtures and appointments in the interior of affordable housing units need not be identical or of the same quality as other units in the building.
(3) 
The proportion of affordable housing units of various bedroom sizes in a building shall be in approximately the same proportion as the proportion of comparably sized units in the building which are not affordable housing units.
(4) 
Mandated affordable housing units shall be integrated into the rest of the building, and the occupants of such units shall not be discriminated against vis-a-vis other occupants of the building in terms of services, privileges or otherwise. However, nothing herein shall regulate the location within the building of affordable housing units.
F. 
Eligible persons.
(1) 
A person shall be eligible to rent an affordable housing unit if such person satisfies the financial requirements set forth in this section. The eligibility of a person shall be redetermined at each lease renewal.
(2) 
Leases for affordable housing units may contain provisions to insure that eligible persons who are selected to rent such units properly maintain the units and conduct themselves as suitable tenants, provided such provisions do not discriminate between persons residing in affordable housing units and other tenants or occupants in the building which contains the affordable housing units.
G. 
Financial eligibility. In order to rent an affordable housing unit, a person must satisfy the following standards regarding income and assets:
(1) 
Assets.
(a) 
Total net assets (i.e., gross assets less liabilities), including assets held in trust, of $150,000 or less.
(b) 
During the period of three years before the determination of eligibility, no person in the household seeking an affordable housing unit shall have transferred without fair consideration assets in excess of $50,000 in the aggregate.
(2) 
Income. At the time of the determination of financial eligibility, the current annual gross income of all persons living in the eligible person's household shall not exceed 100% of the median household income of the Nassau-Suffolk NY HUD Metro FMR Area, with adjustments for household size, as defined and periodically updated by the United States Department of Housing and Urban Development, and shall not be less than 50% of said level. However, in calculating household income, the income of a home health aide or other person who is required to live in an affordable housing unit as a reasonable accommodation for a person with a disability shall not be included.
H. 
Determination of rental levels.
(1) 
Except as set forth in Subsection H(2) below, the annual rent to be charged for an affordable housing unit shall not exceed 30% of the combined current annual gross income of all persons living in the eligible person's household (as established in accordance with the determination of eligibility).
(2) 
The annual rent to be charged for an affordable housing unit may be established in accordance with standards set by the United States Department of Housing and Urban Development for the rental of affordable housing units.
(3) 
Except for the amount charged as rent pursuant to Subsection H(1) and (2) above, the building owner and/or unit owner shall be responsible for all other costs and charges relating to the affordable housing unit. Such costs and charges shall include, but shall not be limited to, the following: taxes; building insurance; assessments; common charges; maintenance charges; repair costs; administrative costs; and financing costs. The eligible person shall be obligated to pay to the unit owner only the rental amount calculated pursuant to Subsection A above. Notwithstanding the prior sentences in this subsection, the eligible person may also be required to pay a security deposit (not to exceed one month's rent unless, with the consent of the eligible person, for the purpose of addressing a poor credit report regarding the applicant); utility charges; late rent fees; amenity and parking fees; renter's insurance; moving expenses; and repair costs and damages necessitated by the negligence or misuse of persons in the household of the eligible person, provided that such additional charges do not discriminate between persons in affordable housing units and other tenants or occupants in the building containing the affordable housing unit.
I. 
Leases and subleases.
(1) 
Leases for affordable housing units shall be in writing; shall have terms of one or two years; shall provide that the rental costs specified therein to the eligible persons shall be adjusted upon each lease renewal; shall provide for termination and nonrenewal in accordance with the provisions of this section; and shall not have provisions which shall be discriminatory vis-a-vis persons in affordable housing units.
(2) 
No lease for an affordable housing unit shall be assignable. No subletting of all or any portion of an affordable housing unit shall be permitted.
(3) 
The unit owner and building owner shall provide the Village annually with a sworn certification that the affordable housing units in the building have been marketed and leased in accordance with the provisions of this section, including compliance with approved rental levels. Said certification shall be reviewed and certified as by a third-party entity that has experience in implementing marking plans for affordable housing (such as the Long Island Housing Partnership). Additionally, whenever requested by the Village, the unit owner and the building owner shall provide the Village with a copy of information requested with respect to the affordable housing unit, including, but not limited to, the following: applications; leases; rent invoices; rent receipts; repair and maintenance records; invoices for repairs and maintenance costs; correspondence relating to the unit; and any documents relating to common charges and assessments.
(4) 
In addition to any other notices required by law, the unit owner and building owner shall provide written notice to the persons occupying an affordable housing unit of a determination that the lease for an affordable housing unit is not being renewed on the grounds that said person is no longer eligible for an affordable housing unit, together with a written explanation of the basis for the determination of noneligibility; and a determination that the lease for an affordable housing unit is being canceled or terminated for any other reason, together with a written explanation of the basis for the proposed cancellation or termination.
J. 
Application and selection process.
(1) 
When affordable housing units shall become available for rental in a building that has received a permit pursuant to the provisions of this section, the building owner shall disseminate information about the availability of affordable housing units by methods reasonably calculated to notify potentially eligible persons. Such notification shall include material with relevant information about the location, size and cost of the affordable housing units to become available; a statement of eligibility guidelines; a description of the application process; and contact information to be used by persons interested in obtaining information or submitting an application. Such information shall be:
(a) 
Posted on the website, if any, of the building owner;
(b) 
Posted on other Internet websites that are free for prospective tenants to access; and
(c) 
Provided to entities experienced in marketing affordable housing units, a list of which shall be provided to the building owner in connection with the grant of the Village's approval to construct or convert a building containing an affordable housing unit, or at the building owner's request.
(2) 
Such notification shall be provided:
(a) 
Prior to the date affordable housing units become available to rent for the first time in a building ("initial rent-up"); and
(b) 
After initial rent-up, promptly after the building owner or unit owner learns that an affordable housing unit will become available in the building.
(3) 
Any person who wishes to apply for an affordable housing unit that shall become available shall be required to submit a written application demonstrating eligibility for such units under the standards established by this section and documentation to confirm such eligibility.
(4) 
The applications of persons who have submitted a valid and complete application for an affordable housing unit shall be ranked and reviewed in a random and nondiscriminatory manner.
(5) 
In marketing, reviewing the eligibility of, and selecting tenants for affordable housing units in a building within the RD District of the Village, a building owner may contract with a third-party entity that has experience in developing and implementing affirmative marketing plans for affordable housing to undertake such tasks on behalf of the building owner.
(6) 
A person who has submitted an application for an affordable housing unit shall receive written notice of eligibility or of noneligibility and, if not eligible, of the reasons therefor.
(7) 
Absent good cause shown, any person who is selected to rent an affordable housing unit shall be required to sign a lease for the affordable housing unit within 15 days after the unit becomes available for rental and the eligible person has been notified of eligibility (the "availability date"). The eligible person may also be required by the building owner or unit owner to deposit all sums due in connection with entering into a lease within 30 days after the availability date, and to commence paying rent for the affordable housing unit as of 60 days after the availability date. If a selected eligible person is unable or fails to meet these time requirements, then the available affordable housing unit may be offered to other eligible persons.
K. 
Loss of eligibility.
(1) 
If a person is initially eligible to rent an affordable housing unit and, during such period of eligibility, enters into a lease for an affordable housing unit, but such person subsequently fails to satisfy eligibility standards, then such person's right to continue renting and occupying the affordable housing unit shall end three months after written notice of loss of eligibility is sent to such person, or at the end of such person's current lease, whichever is later. Every lease for an affordable housing unit shall contain a provision stating this. Determinations regarding a loss of eligibility shall be made in accordance with the provisions of this section. Written notice of the loss of eligibility shall be sent by express mail and/or by certified mail, return receipt requested, to the persons occupying the affordable housing unit. If the formerly eligible person fails to voluntarily vacate the affordable housing unit at the requisite time, or fails to pay the rent due prior to such time, then all appropriate, lawful and available measures shall be used by the building owner and/or unit owner to evict such person involuntarily.
(2) 
No person who is occupying an affordable housing unit shall be entitled to a renewal lease from the building owner and/or unit owner. However, if a renewal lease is not offered by the building owner or unit owner to an eligible person who continues to satisfy the eligibility requirements of this section, then, for a period of two years after the expiration date of the lease which has not been renewed (the "nonrenewed lease"), the building owner and unit owner shall be prohibited from charging a higher rent for the affordable housing unit than that specified in the nonrenewed lease.
L. 
Other laws mandating affordable housing. In the event that there are other laws which will be or have been enacted by other governmental authorities (such as New York State or the county or town) which require the provision of affordable housing units within the Village (whether denominated as affordable housing, work force housing or in some similar manner), including but not limited to the Long Island Workforce Housing Act, the provisions of this section shall govern, if they are not legally preempted by such other law, to the extent they require a greater number of affordable housing units to be provided, or they address issues which are not addressed by such other law.
M. 
Regulations and procedures. The Village Board of Trustees may, by resolution, adopt such further procedures and regulations as may be necessary to implement and effectuate the construction and leasing of affordable housing units within the Village.