[Amended 4-15-1992 by L.L. No. 4-1992; 4-19-1995 by L.L. No.
2-1995; 5-7-1997 by L.L. No. 5-1997]
In the C-2 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.
[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 C-2 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, conditional permit or permit of compliance relating to the
use of a structure, building or premises in the C-2 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 or permit of compliance 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 C-2 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 premises 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 application
for a building permit, conditional permit or permit of compliance
for a multiple dwelling in the C-2 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 C-2 District
that was filed prior to November 3, 1999, provided that there has
been no substantial or material modification to such application after
November 3, 1999.
A.
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 and if authorized by the Board of Trustees pursuant to the provisions of Article XVIII, § 225-134, and for no other.
(1)
Bank and financial institutions.
(2)
Stores and shops for conducting any of the following
retail and service businesses:
Alarm systems
|
Amusement devices for retail sales
|
Antique shop
|
Appliance store, including electronic appliances
and appliance repairs
|
Art gallery
|
Art supply shop
|
Awards, trophies and medal stores
|
Barbershop
|
Beauty parlor
|
Bicycle store
|
Bookstore
|
Brokerage offices
|
Camera store
|
Catalog stores (e.g., L.L. Bean, Victoria's
Secret)
|
Charity thrift shop or consignment store
|
Clothing store
|
Collectible/memorabilia store
|
Computer sales, supplies and repair store
|
Craft shop
|
Decorators shop
|
Department store
|
Drugs, cosmetics and toiletries store
|
Dry goods store
|
Floor covering and carpet store
|
Florist and plant shop
|
Frame shop
|
Furniture store
|
Fur store
|
Gift shop
|
Hardware store
|
Hobby shop
|
Hospital supply and equipment shop
|
Household bedding and specialty shop
|
Jewelry store (including repair)
|
Knitting store
|
Locksmith shop
|
Museum store
|
Music studio or store (including the sale or
rental of sheet music, tapes, records, instruments and the instruction
and repair of musical instruments)
|
Nail salon
|
Optician
|
Packaging and mailing store
|
Paint and wallpaper store
|
Party shop
|
Photographic studio and photo store
|
Real estate office
|
Retail theme stores (e.g., Disney or Warner
Bros.) Shoe and/or leather and luggage store or repair shop
|
Shoe store
|
Sporting goods store
|
Stamp and coin shop
|
Stationery and office supply store
|
Tailoring, dressmaking and millinery shop
|
Toy store
|
Travel agency
|
Variety store
|
Video rental store
|
(3)
Any manufacturing, fabricating, treating, converting,
finishing, altering or assembling in connection with the aforesaid
permitted uses and which is a necessary incident and accessory to
the preparation of articles to be sold, primarily at retail, on the
premises or to the performing of a service on the premises.
(4)
Food and drink sales and service businesses, including
but not limited to the following:
Bakery
|
Bar
|
Butcher shop
|
Candy store
|
Delicatessen
|
Fish market
|
Food store
|
Fruit and vegetable store
|
Grocery store
|
Health food store
|
Ice cream parlor
|
Liquor packaging store
|
Poultry store
|
Restaurant
|
Supermarket
|
(5)
Club.
(7)
Recreational facility.
(8)
Community center.
(9)
Nightclub.
(10)
A college, instructional center, child enrichment
center or professional school.
[Amended 12-18-2019 by L.L. No. 5-2019]
(11)
Theater.
(12)
Newspaper office, printing and/or reproduction
shop.
(13)
Television, radio and electronic repair shop.
(14)
Dry cleaner, hand laundry, coin-operated laundry.
(15)
A philanthropic or eleemosynary use or institution.
(16)
Drive-in establishment for bank.
(17)
Office buildings, exclusive of medical uses.
[Amended 6-18-2003 by L.L. No. 3-2003]
(18)
Hotels.
(19)
Any shop or store not specifically listed in Subsection A(2) which provides retail services to consumers or which sells merchandise to consumers at retail or which repairs merchandise for consumers at retail.
(20)
Medical uses, provided that, in addition to satisfying the standards set forth in § 225-134 of Article XVIII of this Code, the applicant for such use must also meet the following criteria:
[Added 6-18-2003 by L.L. No. 3-2003]
(a)
The Board must determine that adequate provision
has been made for the safe storage of all medical waste;
(b)
The Board must determine that any necessary
medical equipment, considering, among other things, its size, weights,
emissions and operations, can be safely utilized at the proposed location;
(c)
The Board must determine that the patients of
the proposed medical use, by reason of their special needs, will be
able to safely disembark, park and gain access to the premises; and
(d)
The Board must determine that the patients of
the proposed medical use, by reason of their number, as well as their
needs in terms of drop-off, access and parking, can be adequately
accommodated at the proposed location without having a harmful effect
on the surrounding neighborhood.
(21)
Business which provides massage services of any kind, in whole or in part, subject to the conditions listed in § 225-63A(17). As used herein, "massage services" shall mean the stroking, kneading, tapping, or other manipulation of a person's body, flesh or muscular structure by use of hands, vibrator or other devices for therapeutic, rehabilitative or pleasure purposes.
[Added 6-20-2012 by L.L. No. 2-2012]
(22)
Pre-K schools, summer camps and child day-care centers.
[Added 12-18-2019 by L.L. No. 5-2019]
(a)
Pre-K schools, summer camps and child day-care centers, provided
that, in addition to satisfying the other requirements for a conditional
use permit, such uses must also, unless they are affiliated with a
public school and provide their services on the same premises as the
public school:
[1]
Comply with all licensing requirements and standards established
by governmental agencies with jurisdiction, including but not limited
to the NYS Office of Children and Family Services for child day-care
services: the NYS Education Department for pre-K schools; and the
NYS Department of Health and local departments of health for summer
camps;
[2]
Have an outdoor play area of at least 75 square feet, which area
shall be fenced on all sides; not located within any required yard
setback; located not closer than five feet to any property line or
10 feet to any parking area; and landscaped in accordance with the
directions of the Village Commissioner of Public Services;
[3]
Have an off-street drop-off area which shall provide sufficient queueing
space to accommodate vehicles for safe pick-up and drop-off;
[5]
Have bollards or other security barriers between parking/drop-off
areas and areas accessible to children;
[6]
Have a distance of at least 15 feet between drop-off/play areas and
areas used by garbage and delivery trucks for loading/unloading/delivery;
[7]
Install signage and pavement markings as required by the Village
Commissioner of Public Services to insure the safety of all persons
utilizing the premises;
[8]
Not be located on property which is contaminated or polluted with
substances that may be harmful to parents, children or workers;
[9]
Provide at least one caretaker for each three children under the
age of two: one caretaker for each six children between the ages of
three and eight; and one caretaker for each nine children between
the ages of nine and 13;
[10]
Eliminate all conditions in areas accessible to children which,
in the judgment of the Village Commissioner of Public Services, pose
a safety or health hazard; and
[11]
Comply with all other applicable governmental laws and regulations.
(b)
These requirements shall not apply to any summer camp, pre-K school
or child day-care center which has been previously approved by the
Village and which has been lawfully in operation prior to the date
when these requirements were first enacted.
(c)
In the event any federal, state or county law or regulation having
jurisdiction imposes more strict requirements on these uses than those
set forth herein, then those stricter laws and regulations shall govern.
B.
Nothing contained herein shall be construed to give any right or presumption of right to a conditional use permit to any applicant. Such a conditional use permit shall not be issued unless the Board of Trustees has made a determination that such a permit is authorized and warranted under the standards of § 225-134 of Article XVIII. Moreover, in connection with the issuance of any conditional use permit for a specialized senior housing facility, the applicant shall provide to the Board, in addition to any other required information, all requested and necessary information concerning the operator of said facility, including but not limited to name; address; telephone number; state and date of incorporation, if a corporation; name and address of officers and/or managing principals; name and address of owners and principals except that, in the case of a corporation, only the name of shareholders holding more than 5% ownership interest need be provided; prior experience in the operation of such facilities; and a listing of any administrative or judicial proceedings pending or instituted within the prior seven years relating to the construction or operation of such a facility by the operator or its officers or principals. It shall be a specific condition of any conditional use permit issued for a specialized senior housing facility that the facility be constructed and operated in compliance with all applicable governmental licensing requirements.
C.
Except for preexisting uses of buildings as extended-stay hotels approved under § 225-90.1B, no conditional use permit shall be issued to a hotel in situations where the residence building utilized as a hotel also contains dwelling units used for nontransient occupancies.
[Added 6-5-2002 by L.L. No. 2-2002]
[Added 1-6-1999 by L.L. No. 1-1999]
A.
For the period commencing on the effective date of
Local Law 1 of 1999 and ending December 31, 2001, the Board of Trustees
shall not consider, grant, approve, or issue a conditional use permit
which would authorize the use of any building, structure or premises
in the Village's C-2 Zoning District as a hotel or specialized senior
services facility.
[Amended 11-17-1999 by L.L. No. 10-1999; 8-1-2001 by L.L. No. 7-2001]
B.
Notwithstanding the above, nothing contained in this
section shall prevent the Board of Trustees from modifying a conditional
use permit relating to the use of a structure, building or premises
in the C-2 District as a hotel or specialized senior services facility
if, prior to the effective date of this section, such structure, building
or premises had in effect a valid conditional use permit authorizing
its use as a hotel or specialized senior services facility, except
that no such modification of an existing conditional use permit shall
result in a more intense 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 C-2 District used as a hotel or specialized senior services
facility in the event of casualty or act of God provided that, as
of the effective date of this section, such building, structure or
premises had been legally used for a hotel or specialized senior services
facility, 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.
During the period of the moratorium established by
this section, the Village shall not accept any applications for conditional
use permit for a hotel or specialized senior services facility in
the C-2 District and shall postpone consideration of any such pending
applications until after the end of the moratorium.
E.
The moratorium contained in Subsection A hereof shall end on December 31, 2001.
[Added 12-5-2001 by L.L. No. 8-2001]
F.
After the termination of the moratorium, hotels may
be approved as a conditional use within the C-2 Zoning District subject
to the conditional use permit process.
[Added 12-5-2001 by L.L. No. 8-2001]
G.
After the termination of the moratorium, specialized
senior housing facilities shall no longer be approved as a conditional
use within the C-2 Zoning District, except that those specialized
senior housing facilities which were approved prior to the commencement
of the moratorium may continue as nonconforming uses. Any remaining
reference to specialized senior housing facilities within the Village
Code after the termination of the moratorium shall not be deemed or
construed to empower the Village Board to consider, grant, approve
or issue a conditional use permit authorizing the use of any building,
structure or premises in the C-2 Zoning District as a specialized
senior housing facility except that:
[Added 12-5-2001 by L.L. No. 8-2001]
(1)
The Board may modify the conditional use permit
for a specialized senior housing facility that was approved before
the commencement of the moratorium; and
(2)
Any building, structure or premises in the C-2
Zoning District legally approved and used as a specialized senior
housing facility that is damaged by fire, casualty or other act of
God may be reconstructed, 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 such
reconstruction.
A building or land in the C-2 District may be
used for an accessory use. In connection with a conditional use permit
authorizing the conversion of an existing building to a hotel, the
Board may authorize that a building or land adjacent to the hotel
may be used to provide parking for the adjacent hotel, and said use
will be considered a permissible accessory use.
All uses not specifically permitted are prohibited,
including but not limited to:
A.
Open front shops or stores.
B.
Drive-in establishments, other than banks.
C.
The outdoor display, sale or storage of merchandise,
including vending machines and other similar coin-operated devices
which automatically deliver goods or render services.
D.
Any business whose primary purpose is to serve and/or
sell foods for immediate consumption, which foods will be taken off
the premises and consumed on the streets of the Village.
E.
Facilities primarily used for pinball machines, juke
boxes, coin-operated games or any combination thereof.
F.
Off-track betting facilities or any other facilities
that are used primarily for the receipt of bets on horse races or
other events.
G.
Facilities
which provide tanning services through the use of ultraviolet-radiation-emitting
devices of any kind and which have not been authorized to operate
within the Village prior to the date of this subsection.
[Added 10-21-2009 by L.L. No. 3-2009]
H.
On-site smoking businesses. For purposes of this subsection:
[Added 2-4-2015 by L.L. No. 1-2015]
(2)
"On-site smoking business" means a business which derives any gross
revenues from on-site smoking activities.
(3)
"Smoking" means the burning or vaporizing of any matter or substance,
including but not limited to tobacco, liquid nicotine, herbs, fruits,
spices, shisha and narghile that is smoked or intended to be smoked
in any of the methods that tobacco is smoked, including but not limited
to cigarette, cigar, e-cigarette, pipe filler, hookah, bong or waterpipe.
(4)
"Smoking-related products" mean any products or devices used to facilitate
smoking activities, including but not limited to tobacco, pipes, waterpipes,
hookahs, bongs, e-cigarettes, rolling paper, or similar products,
and, when specifically intended to be used in conjunction with other
smoking-related products, herbs, fruits, liquid nicotine, spices,
shisha and narghile.
A.
In the C-2 District, the total gross floor area for any building containing a conditional use authorized under § 225-74 of this article other than a hotel or specialized senior housing facility shall not exceed 32,670 gross square feet per acre (.75 FAR), adjusted proportionately for lots which are smaller or larger than one acre.
B.
As of the effective date of Local Law 8 of 2003, the total gross floor area for a multiple dwelling in the C-2 District shall not exceed 54,450 gross square feet per acre (1.25 FAR), 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.
[Amended 12-17-2003 by L.L. No. 8-2003]
C.
In the C-2 District, the total gross floor area of a hotel, except as otherwise provided herein in § 225-83, shall not exceed 41,000 gross square feet per acre (.94 FAR), adjusted proportionately for lots which are smaller or larger than one acre.
D.
In the C-2 District, the total gross floor area for
a specialized senior housing facility shall not exceed 68,607 gross
square feet per acre (1.575 FAR), adjusted proportionately for lots
which are smaller or larger than one acre, and shall in no event exceed
120,000 gross square feet.
E.
The maximum size of a hotel issued a conditional use
permit in terms of number of rooms shall be determined by the Board
of Trustees based on its evaluation of relevant factors, including
effect on density, governmental services and traffic. The maximum
physical size of the rooms in the hotel shall also be subject to approval
by the Board of Trustees, except that no conditional use permit shall
be issued for a hotel where more than 20% of the rooms are less than
350 square feet.
F.
No conditional use permit shall be issued for a specialized
senior housing facility where any residential unit in such facility
is less than 390 square feet or where, in the case of double occupancy,
any residential unit provides less than 220 square feet per occupant,
or where any residential unit is less than 12 feet six inches in width.
Additionally, no residential unit in any such facility shall be occupied
by more than two persons, regardless of the number of bedrooms in
such unit, and no more than 25% of all residential units in such a
facility shall have double-occupancy.
A.
No building in the C-2 District shall exceed 50% of the lot coverage, except as otherwise provided herein in § 225-83 or except in the case of a specialized senior housing facility.
B.
No specialized senior housing facility shall exceed
65% of the lot coverage.
C.
No multiple dwelling may exceed 40 feet in height.
D.
No specialized senior housing facility may exceed 50 feet in height, except as otherwise provided herein in § 225-83.1.
F.
No building containing a conditional use other than
a hotel specialized senior housing facility may exceed two stories
or 25 feet in height.
A.
Front yard. Multiple dwellings and buildings containing
a conditional use shall have a minimum front yard which shall be equal
to 25% of the average lot depth measured at the side property lines,
with a minimum of 30 feet and a maximum of 45 feet.
B.
Rear yard. An apartment building and a building containing
a conditional use shall have a rear yard which shall be a minimum
of 20 feet.
C.
Side yards. Multiple dwellings and buildings containing
a conditional use shall have two side yards each of which shall be
a minimum of 20 feet wide.
D.
The following are permitted obstruction 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.
E.
F.
Bay windows are a permitted obstruction, provided
that they do not project more than five feet.
G.
These yard regulations may be modified by the Board of Trustees pursuant to Article XVI, Preservation of Natural Features and Landscaping Requirements.
H.
These yard regulations may be modified by the Board of Trustees in connection with conditional use permits issued to specialized senior housing facilities. However, in no event may any rear, side or front yard of a specialized senior housing facility be less than 10 feet, except where any yard of such facility abuts legal open space, as defined in § 606.3 of the New York State Uniform Fire Prevention and Building Code, or except to the extent encroachments are required for public parking provided in accordance with § 225-83.1.
A.
Front yard. In case of a corner lot, each yard extending
along the full length of a street line shall be considered a front
yard.
B.
Rear yard. For a corner lot, the rear yard shall be
provided on the side of the lot opposite the side used for the building's
main entrance.
C.
These yard regulations may be modified by the Board of Trustees pursuant to Article XVI, Preservation of Natural Features and Landscaping Requirements.
D.
These yard regulations may be modified by the Board of Trustees in connection with conditional use permits issued to specialized senior housing facilities. However, in no event may any rear, side or front yard of a specialized senior housing facility be less than 10 feet, except where any yard of such facility abuts legal open space, as defined in § 606.3 of the New York State Uniform Fire Prevention and Building Code, or except to the extent encroachments are required for public parking provided in accordance with § 225-83.1.
B.
These minimum distances may be modified by the Board of Trustees in connection with conditional use permits issued to specialized senior housing facilities where encroachments into such minimum distances are required for public parking provided in accordance with § 225-83.1 or except where a specialized senior housing facility abuts legal open space, as defined in § 606.3 of the New York State Uniform Fire Prevention and Building Code.
The Board of Trustees shall have the power by
resolution to require retail stores, hotels and specialized senior
housing facilities in the C-2 District to provide such service bays
as it deems appropriate.
A.
"Existing building" as used herein means a building
which, on or before the effective date of Local Law No. 4 of 1992,
had either been issued a certificate of occupancy or had been physically
constructed to the extent that its exterior shell had been substantially
completed in accordance with the most recent building permit issued
for its construction, including any variances issued in connection
therewith.
B.
Notwithstanding any other provision in this article,
a conditional use permit may be issued by the Board of Trustees authorizing
an existing building to be used as a hotel subject to the conditions
set forth in this section and to any other conditions which the Board
of Trustees finds appropriate to impose in order to protect the public
health, safety and welfare. In granting such a conditional use permit,
the Board of Trustees may authorize the enlargement of the existing
building, up to the limits specified herein, for purposes necessitated
by the hotel use.
C.
In addition to those factors enumerated in § 225-134 of Article XVIII, the Board of Trustees shall consider the following factors in deciding whether to grant a conditional use permit under this subsection authorizing an existing building to be used as a hotel:
(1)
The current and historical use of the existing building.
(2)
The economic viability of the current use of the existing
building.
(3)
The age, history, construction, design and architectural
style of the existing building.
(4)
The effect that the conversion of the existing building
to a hotel will have on the character of the neighborhood in terms
of visual appeal, light and air, density, traffic, noise and other
comparable factors.
D.
Any conditional use permit issued by the Board of
Trustees under this subsection shall contain at least the following
conditions:
(1)
No existing building converted to a hotel shall be
enlarged except for the construction of entrances, access driveways,
common areas, loading areas, drop-off and reception areas, dining
areas, conference areas, health clubs or exercise rooms, service delivery
areas and similar uses accessory to and necessitated by the hotel
use or which the Board finds necessary to facilitate on-site circulation.
However, in no event shall any enlargement be permitted which causes
the total floor area of the existing building to increase by more
than 10% above that authorized in its certificate of occupancy or
most recently issued building permit, including any variances granted
in connection therewith.
(2)
All changes, additions, enlargements or other modifications
to the exterior of the existing building shall conform to the architectural
style and design of the existing building and shall be specifically
approved by the Board of Trustees.
E.
Any conditional use permit authorizing the conversion of an existing building to a hotel shall provide the number of off-street parking spaces required in Article XI of this chapter. However, in computing said spaces with respect to an existing building to be converted to a hotel, the Board may, in its sole discretion, and upon such conditions as it may impose, include spaces in an adjacent building or other off-site location specifically approved by the Board if adequate provision has been made to ensure that said spaces will be available for exclusive use by the hotel on a long-term guaranteed basis. When parking spaces in a building adjacent to a hotel are made available for use by the hotel on a long-term guaranteed basis approved by the Board, said spaces may be considered available to both the hotel and the adjacent building for purposes of computing compliance with the off-street parking requirements set forth in Article XI.
A.
The applicant for a conditional use permit for a specialized
senior housing facility may apply for increased development rights
on the building or lot containing such facility by providing a plan
to the Board for the provision of long-term parking spaces for the
public in said building or on said lot. Any such plan must provide
for the provision to the Village of such parking spaces for at least
99 years, whether by transfer, gift, lease, easement or otherwise.
The determination of whether any such plan is feasible, adequate and
in a form acceptable to the Village shall rest in the sole and unfettered
discretion of the Board of Trustees.
B.
Notwithstanding any other provision of this section,
any plan approved by the Board for the provision of public parking
must:
(1)
Provide the public parking spaces on-site and
on-grade.
(2)
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. However, such plan may provide that the Village will be
responsible for the cost of snow removal, surface striping, surface
sweeping and cleaning and parking meter heads.
(3)
Provide that, in the event the applicant or
its successor becomes insolvent, files for bankruptcy or defaults
on any financing obligation, such event shall not affect or impair
the Village's right to continue the use of such public parking spaces
and, if the Village is required to make expenditures in such situations
which should have been paid by the applicant or its successor, that
the Village will have a lien on the property for the amount of such
expenditures.
C.
If the Board, after public hearing, finds said plan to be feasible and acceptable in terms of providing additional public parking to the Village and finds that said plan shall not result in any expense to the Village, then the floor area ratio applicable to said building or lot shall be increased by 5% above the level set forth in § 225-77 of this Article X for the first 25 public parking spaces made available under the proposed plan. For every five additional public parking spaces above 25 made available by said plan, there shall be an additional 1% increase above the applicable floor area ratio set forth in § 225-77. However, no such increased development rights shall be available to any specialized senior housing facility which has more than one floor of underground space used in whole or in part for parking, whether public or private.
D.
In connection with the grant of increased development
rights under this section, the Board of Trustees may impose any additional
terms and conditions which it finds necessary and appropriate to effectively
secure for the Village the benefit of the public parking for which
the increased development rights are granted.
E.
If the Board approves a plan under this section providing for the provision of public parking spaces to the Village, then, in calculating the height of the building containing the specialized senior housing facility, the height of the floor containing the public parking and the supporting structure above it necessitated by the provision of public parking shall be disregarded for purposes of complying with the height requirements set forth in Section 225-78, up to a maximum of 10 feet.
A.
The applicant for a conditional use permit for a specialized
senior housing facility may apply for increased development rights
on the building or lot containing such facility by providing a feasible
and acceptable plan to the Board for the provision of a pedestrian
crossing over or across the Long Island Railroad between Knightsbridge
Road and South Middle Neck Road. The determination of whether any
such plan is feasible, adequate and in a form acceptable to the Village
shall rest in the sole and unfettered discretion of the Board of Trustees.
B.
If the Board, after public hearing, finds said plan to be feasible and acceptable and finds that said plan shall not result in any expense to the Village and if no other such crossing has been previously constructed in said area, then the floor area ratio applicable to the building or lot owned by the applicant shall be increased by 5% above the level set forth in § 225-77 of this Article X. This five-percent increase shall be in addition to the percentage increases authorized by § 225-83.1, but both such percentage increases shall be calculated on the base level set forth in § 225-77.
C.
In connection with the grant of increased development
rights under this section, the Board of Trustees may impose any additional
terms and conditions which it finds necessary and appropriate to effectively
secure for the Village the benefit of the pedestrian crossing for
which the increased development rights are being granted.
Notwithstanding any increased development rights authorized under §§ 225-83.1 and 225-83.2 of this article, the maximum gross floor area of any building in the C-2 Zone utilized for a specialized senior housing facility shall not exceed 87,120 gross square feet per acre (2.0 FAR), adjusted proportionately for lots which are smaller or larger than one acre, and shall in no event exceed 120,000 gross square feet.
As required by Village Law § 7-703, Subdivision 3e, any applicant who applies for a conditional use permit authorizing a specialized senior housing facility in the C-2 Zone within five years of the effective date of this article, and any applicant who applies for increased development rights under §§ 225-83.1, 225-83.2 or 225-83.3 of this article within five years of the effective date of this article, shall pay a proportionate share of the cost of any generic environmental impact statement and other studies prepared in connection with the enactment of this article. Said costs shall be added to any other site-specific charge authorized to be imposed on said applicant for environmental studies and review. These costs shall be apportioned among two or more applicants according to the number of applicants required to share in said costs. Monies paid by a prior applicant shall be proportionately reimbursed in the event of a subsequent applicant who becomes responsible for a portion of these costs.