In the Residence E 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:
[Added 12-1-1999 by L.L. No. 13-1999]
A.
For the period commencing on the effective date of
Local Law 13 of 1999 and ending on the effective date of Local Law
8 of 2003, the Board of Trustees shall not consider, grant, approve,
or issue a building permit, permit of compliance or conditional use
permit which would authorize the use of any building, structure or
premises in the Village's RE Zoning District as a multiple dwelling.
[Amended 11-15-2000 by L.L. No. 10-2000; 12-18-2002 by L.L. No. 6-2002; 7-2-2003 by L.L. No. 4-2003; 12-17-2003 by L.L. No.
8-2003]
B.
Notwithstanding the above, nothing contained in this
section shall prevent the Board of Trustees from modifying a building
permit, permit of compliance or conditional permit relating to the
use of a structure, building or premises in the Residence E District
as a multiple dwelling if, prior to the effective date of this section,
such structure, building or premises had in effect a valid building
permit, permit of compliance or conditional permit authorizing its
use as a multiple dwelling, except that no such modification of an
existing permit shall result in a more intensive use of the building,
structure or premises.
C.
Nothing contained in this section shall be deemed
to prevent the reconstruction of a building, structure or premises
in the Residence E District used as a multiple dwelling in the event
of casualty or act of God, provided that, as of the effective date
of this section, such building, structure or premise had been legally
used for a multiple dwelling and further provided that any reconstruction
shall be substantially similar in physical dimension, area coverage
and location to the building, structure or premises which existed
prior to said reconstruction.
D.
For the period commencing on November 3, 1999, and
continuing during the period of the moratorium established by this
section, the Village shall not accept, consider or approve any applications
for a building permit, conditional permit or permit of compliance
for a multiple dwelling in the Residence E District. This moratorium
shall not apply to any application for a building permit, conditional
permit or permit of compliance for a multiple dwelling in the Residence
E District that was filed with the Village prior to November 3, 1999,
provided that there has been no substantial or material modification
to such application after November 3, 1999.
A building or land in the Residence E District
may be used for any accessory use. No accessory use shall be erected
within five feet of any side or rear line or nearer than 50 feet from
any street line.
A mixed-use occupancy of any building or parcel of real property, even where such uses are permitted pursuant to § 225-52 of this article, is hereby prohibited.
No building may exceed a maximum height of 40
feet. The following are not considered obstructions and may exceed
the height limitation:
[Amended 12-17-2003 by L.L. No. 8-2003]
As of the effective date of Local Law 8 of 2003, the total gross floor area of all buildings on a lot shall not exceed 54,450 gross square feet per acre, adjusted proportionately for lots which are smaller or larger than one acre. This standard shall not apply to any multiple dwelling with respect to which an application for a building permit, conditional permit or permit of compliance was filed, but not issued, prior to November 3, 1999, provided that there has been no substantial or material modification to such application after November 3, 1999; such multiple dwellings shall be governed by the permissible floor area ratio applicable immediately prior to November 3, 1999. Nonconforming buildings, uses and properties which were constructed pursuant to valid permits issued before November 3, 1999, shall be governed in accordance with Article XVII of this chapter. The total gross area of a building shall include all habitable and nonhabitable space, exclusive of any parking structure and space related thereto.
All buildings shall occupy no more than 50%
of the area of the lot.
A.
There shall be a minimum front yard of 25 feet.
B.
There shall be a rear yard which shall be a minimum
of 20 feet.
C.
There shall be two side yards each of which shall
be a minimum of 15 feet wide, except that where appropriate due to
the nature of the plot and building and/or the character and design
of surrounding uses and buildings, the Board of Trustees by resolution,
and upon such terms and conditions as it deems suitable, may permit
one side yard to be less than 15 feet wide, provided that the total
width of the two side yards is a minimum of 30 feet.
E.
The following are permitted obstructions in yards:
(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 10 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.
F.
G.
Bay windows are a permitted obstruction, provided
that they do not project more than five feet.
A.
Front yard. In the case of a corner lot or through
lot, each yard extending along the full length of a street line shall
be considered a front yard.
B.
Rear yard or rear yard equivalent:
Minimum distance shall not be less than 15 feet
as measured between any apartment window and:
[Added 6-2-2004 by L.L. No. 5-2004]
A.
As of July 1, 2004, any person proposing to construct
a multiple dwelling within the RE District may submit to the Board
a plan to provide public parking on the same parcel of land containing
such multiple dwelling.
B.
"Public parking" as used herein shall mean on-grade
parking which is made available for use either by residents or merchants
of the Village.
C.
A "plan for public parking," as used herein, must:
(1)
Provide a minimum of 30 public parking spaces
on-site and on-grade.
(2)
Provide for the availability of the public parking
spaces on a long-term basis, i.e., for at least 99 years, whether
by transfer, gift, lease, easement or otherwise.
(3)
Provide for the continued availability of the
public parking spaces after any transfer of ownership of or control
over the property to a successor, assignee or other entity.
(4)
Require the applicant or its successor to pay
all costs incurred in connection with the construction and maintenance
of such public parking spaces, including planning expenses; construction
costs; the cost of equipment such as parking meter posts, lighting
and security gates; the cost of routine and long-term maintenance;
the cost of necessary security measures; and the cost of liability
insurance.
(5)
Provide that such public parking shall be available
(not necessarily on an exclusive basis) during specified hours for
Village residents and/or merchants under the terms and conditions
to be approved by the Village and incorporated into a written agreement
between the Village and the applicant, which shall be recorded and
which shall run with the land.
(6)
Provide an adequate and satisfactory mechanism
for enforcement of parking regulations governing the use of said public
parking spaces, which shall be incorporated into the above-referenced
written agreement between the Village and the applicant, which shall
be recorded and which shall run with the land.
(7)
Provide that, in the event the applicant or
its assignee successor becomes insolvent, files for bankruptcy or
defaults on any financing obligation, such event shall not adversely
affect or impair the Village's right to continue the use of such public
parking spaces as provided herein and, if the Village is required
to make expenditures in such situation which should have been paid
by the applicant or its assignee or successor, that the Village will,
after appropriate written notice and cure period given to applicant
or its assignee, have a lien on the property for the amount of such
expenditures if such expenditures are not reimbursed to the Village.
D.
Subject to the above requirements, the determination
of whether any plan for public parking is feasible, adequate and in
a form acceptable to the Village shall rest in the sole and unfettered
discretion of the Board of Trustees.
E.
If the Board, after public hearing, finds a proposed
plan for public parking to be feasible and acceptable in terms of
providing additional public parking in the Village and finds that
said plan shall not result in any substantial expense to the Village,
then, in order to encourage the provision of public parking according
to such plan:
(1)
Notwithstanding any other section of the Village
Code, any public parking provided in accordance with an approved plan
shall be a permitted accessory use of the property.
(2)
Notwithstanding any other section of the Village Code, including § 225-52 of this chapter, any public parking provided in accordance with an approved plan will not constitute a prohibited mixed use of the property.
(3)
The Board may waive the requirements of § 225-84I of this chapter with respect to underground parking, provided the applicant submits to the Village and receives approval from the Village of engineering designs for any proposed underground parking on the property which, based on the written opinion of licensed engineers expert in such area, will provide adequate protection for the underground parking, in terms of longevity; protection from structural deterioration; protection from leakage; and similar construction concerns.
(4)
Notwithstanding any other provision of the Village Code, including § 225-56 of this chapter, the Board may authorize a floor area ratio (FAR) of up to 1.375 (i.e., 59,895 gross square feet per acre adjusted proportionately for lots which are smaller or larger than one acre) on any parcel of land where it approves a proposed plan for on-grade public parking under this section.
(5)
Notwithstanding any other section of the Village Code, including § 225-55 of this chapter, the Board may authorize an increased maximum height for a multiple dwelling on property which contains public parking pursuant to an approved plan, up to a maximum building height of 55 feet, in order to accommodate increased setbacks on the property in accordance with Subsection F below.
F.
Notwithstanding any other section of the Village Code,
in order to ameliorate the potential impact on surrounding residences
from any on-grade public parking that may be approved under this section,
by providing additional light and air on such property, the multiple
dwelling to be constructed on such property shall comply with the
following setback requirements:
(1)
Each side yard shall be a minimum of 20 feet
(as measured 10 feet above the curb grade) on each side of the building
where the property is adjoined by a residential structure.
(2)
The rear yard shall be a minimum of 30 feet
(as measured 10 feet above the curb grade) where the rear of the property
is adjoined by a residential structure.
G.
Notwithstanding any other provision of this Village
Code, the Board of Trustees may impose any additional terms and conditions
which it finds reasonable, necessary and appropriate to effectively
secure for the Village the benefit of the public parking in accordance
with the approved plan.
