Village of Great Neck Plaza, NY C-2 District

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]

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.

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.

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.

§ 225-74 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 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.

(6)

(Reserved)[1]

[1]

Editor's Note: Former Subsection A(6), regarding specialized senior housing facilities, was repealed 12-5-2001 by L.L. No. 8-2001.

(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;

[4]

Have the number of parking spaces specified in Village Code (see § 225-86);

[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.

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.

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]

§ 225-74.1 Temporary moratorium on certain conditional uses.

[Added 1-6-1999 by L.L. No. 1-1999]

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]

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.

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.

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.

The moratorium contained in Subsection A hereof shall end on December 31, 2001.

[Added 12-5-2001 by L.L. No. 8-2001]

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]

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.

§ 225-75 Permitted accessory uses.

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.

§ 225-76 Prohibited uses.

All uses not specifically permitted are prohibited, including but not limited to:

Open front shops or stores.

Drive-in establishments, other than banks.

The outdoor display, sale or storage of merchandise, including vending machines and other similar coin-operated devices which automatically deliver goods or render services.

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.

Facilities primarily used for pinball machines, juke boxes, coin-operated games or any combination thereof.

Off-track betting facilities or any other facilities that are used primarily for the receipt of bets on horse races or other events.

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]

On-site smoking businesses. For purposes of this subsection:

[Added 2-4-2015 by L.L. No. 1-2015]

(1)

"On-site smoking activities" means:

(a)

The sale or rental of smoking-related products for use and/or consumption on the premises of a business; and/or

(b)

Allowing or facilitating smoking activities on the premises of a business.

(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.

§ 225-77 Size of building and hotel rooms.

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.

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]

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.

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.

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.

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.

The gross floor area standards set forth in this § 225-77 may be further modified by the Board in accordance with the incentive provisions set forth in §§ 225-83.1, 225-83.2 and 225-83.3.

§ 225-78 Coverage; height.

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.

No specialized senior housing facility shall exceed 65% of the lot coverage.

No multiple dwelling may exceed 40 feet in height.

No specialized senior housing facility may exceed 50 feet in height, except as otherwise provided herein in § 225-83.1.

No hotel shall exceed 40 feet in height, except as otherwise provided herein in § 225-83.

No building containing a conditional use other than a hotel specialized senior housing facility may exceed two stories or 25 feet in height.

§ 225-79 Yard space.

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.

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.

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.

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.

Balconies.

(1)

Balconies are a permitted obstruction, provided that:

(a)

They are unenclosed except for a parapet or railing not exceeding three feet eight inches in height; and

(b)

They project not more than five feet from the building wall to which they are attached.

(2)

However, there shall be 15 feet between the furthest projection of any such balcony and the lot line or between the furthest projection of such balcony and any wall of the same or any other building.

Bay windows are a permitted obstruction, provided that they do not project more than five feet.

These yard regulations may be modified by the Board of Trustees pursuant to Article XVI, Preservation of Natural Features and Landscaping Requirements.

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.

§ 225-80 Special yard provisions for corner lots.

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.

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.

These yard regulations may be modified by the Board of Trustees pursuant to Article XVI, Preservation of Natural Features and Landscaping Requirements.

§ 225-81 Minimum distance between windows and walls, balconies or lot lines.

Minimum distance shall not be less than 15 feet as measured between any apartment window and:

(1)

Any wall.

(2)

Any lot line.

(3)

Any projecting balcony on an opposite wall or on a wall at an angle of 90° or less from such window.

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.

§ 225-82 Service bays.

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.

§ 225-83 Conversion of existing buildings to hotels.

"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.

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.

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.

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.

(3)

No conversion of an existing building to a hotel shall be permitted unless it can be accomplished within the shell of the existing building, except insofar as an enlargement is authorized under Subsection D(1) and approved by the Board.

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.

§ 225-83.1 Incentive provisions for public parking.

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.

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.

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.

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.

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.

§ 225-83.2 Incentive provisions for pedestrian crossing.

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.

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.

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.

§ 225-83.3 Maximum incentive provisions.

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.

§ 225-83.4 Costs.

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.