Village of Great Neck Plaza, NY
Nassau County
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Table of Contents
Table of Contents

§ 225-90.1 Prohibition of transient occupancies.

[Added 6-5-2002 by L.L. No. 2-2002]
A. 
No dwelling unit within any residence building within the Village shall be used for transient occupancies unless either:
(1) 
No compensation, either direct or indirect, is paid for such transient occupancy; or
(2) 
The dwelling unit is located in a single-family dwelling or a two-family dwelling and such unit is used for a transient occupancy no more frequently than once within any twelve-month period; or
(3) 
The dwelling unit is located in a multiple dwelling, is owned by a person or entity which owns no more than one dwelling unit in such multiple dwelling, and is used for a transient occupancy no more frequently than once within any twelve-month period; or
(4) 
The dwelling unit is located in a hotel which has been approved by the Village Board of Trustees as a conditional use in accordance with the provisions of this Code.
B. 
Preexisting extended-stay hotels.
(1) 
The actual use of a residence building as an extended-stay hotel prior to the effective date of this section may be continued, subject to those prohibitions set forth in § 225-127A to E of the Code, provided that, within 60 days after the effective date of this section, an application is filed with the Village Board under Village Code § 225-74A(18) seeking a conditional use permit regarding said use.
(2) 
Any conditional use permit hereinafter issued by the Village Board to a preexisting extended-stay hotel shall include appropriate and reasonable conditions related to its use for transient occupancies.
(3) 
Any conditional use permit hereinafter issued by the Village Board to a preexisting extended-stay hotel shall provide, among any other appropriate and reasonable conditions, that the minimum authorized occupancy in said extended-stay hotel shall continue to be at least 30 days; if a dwelling unit is rented or leased in such extended-stay hotel for a minimum thirty-day stay, but is physically vacated before the end of said thirty-day period, then the dwelling unit shall not be rerented or physically reoccupied until the first day after the end of said thirty-day period; the number of units in said extended-stay hotel used for transient occupancies shall not be increased beyond the number used for such occupancies, as of the effective date of this section; and, to the maximum extent feasible as determined by the Village Board, and at least to the extent otherwise mandated by law, such extended-stay hotel shall be required to conform to fire, safety and building construction codes applicable to hotels as defined in the New York State Fire Prevention and Building Code.
(4) 
No conditional use permit shall hereinafter be issued to a preexisting extended-stay hotel pursuant to Subsection B(3) above in the absence of a finding by the Village Board of good cause or other special circumstances warranting the continuation of such use.
C. 
Prior legal use.
(1) 
Except as specifically authorized by Subsection B, the use of any dwelling unit or residence building for transient occupancies which did not constitute a legal use prior to the effective date of this section shall continue to be illegal and shall be discontinued immediately.
(2) 
Except as specifically authorized by Subsections A and B, the Village Board may order the discontinuance of any transient use of a residence building even if such use was legal prior to the effective date of this section. If the Village Board shall make such a determination with respect to a prior legal nonconforming use, then the Board shall direct that such nonconforming use cease within a specified period of time to be determined by the Board after notice and a hearing. In determining said period of time, the Board shall consider all relevant factors, including the nature and extent of the nonconforming use; the length of time during which the nonconforming use has existed; whether such use was legal prior to the effective date of this section; the amount of investment in the nonconforming use; the amount of time needed to amortize the investment in the nonconforming use; and the character of the neighborhood.
(3) 
The filing of an application pursuant to Subsection B for a conditional use permit authorizing the continued use of a preexisting extended-stay hotel, and the Village Board's consideration of such application, shall not constitute an admission or acknowledgment by either the Village or the applicant as to the prior legality of such use.

§ 225-91 Height exceptions.

[Amended 4-7-2010 by L.L. No. 3-2010]
A. 
The following may exceed the height limitations:
(1) 
Chimneys or flues.
(2) 
Elevator or stair bulkheads.
(3) 
Flagpoles or aerials.
(4) 
Parapet walls not more than four feet high.
(5) 
Mechanical equipment:
(a) 
Mechanical equipment (exclusive of telecommunications equipment for which a special permit has been issued or will be issued pursuant to Article XIIA of this chapter), including but not limited to water towers, cooling towers and air-conditioning condensers, provided that such equipment occupies, in the aggregate, 20% or less of the area of the roof on which it is located, and further provided that it is screened or otherwise concealed (other than by parapet walls) in a manner approved by the Village Commissioner of Public Services.
(b) 
If the roof of a building has telecommunications-related equipment for which a special permit has been issued or will be issued pursuant to Article XIIA of this chapter, then the amount of the roof area which may be covered by mechanical equipment authorized under Subsection A(5)(a), when combined with the amount of roof area covered by telecommunications equipment authorized by permit under Article XIIA, shall not exceed 30% of the roof area of said building, as specified in § 225-104.5G of the Code.
(c) 
By the issuance of a special permit, after a hearing, the Village Board of Trustees may, for good cause shown, allow the roof area occupied by such equipment to exceed the percentages referenced in Subsection A(5)(a) and (b).
(6) 
Solar panels, provided that the roof is fully enclosed by a parapet, the solar panels (at their highest point) do not exceed the height of the parapet, and the amount of roof area covered by such solar panels, when combined with the amount of roof area covered by mechanical equipment and by telecommunications-related equipment, does not exceed 80% of the roof area. In the event that a building does not have a parapet which fully encloses the roof, then a special permit, after a hearing, shall be required to establish the amount of roof area that may be covered by such solar panels and the manner of concealing them. In the event that the amount of roof area covered by such solar panels exceeds the percentage authorized under this subsection, then the Board of Trustees, for good cause shown after a hearing, may issue a special permit allowing the roof area to be covered by such panels to exceed said percentage.
(7) 
Any other structure, equipment or device which promotes energy conservation, or a reduction in carbon emissions, or other environmental benefit, provided that the Village Board, after a hearing, grants a special permit for such structure, equipment or device.
B. 
The above structures and equipment, shall be permitted only if they are determined by the Village to not present any safety risks, including but not limited to risks involving weight load, wind resistance, ingress or egress, and access in the event of fire or other emergency.
C. 
Special permits.
(1) 
In determining whether to issue a special permit under this section, the Village Board of Trustees shall consider the following factors:
(a) 
The degree of variance from the standards otherwise applicable;
(b) 
The reasons warranting the installation of the structure, device or equipment and justifying a deviation from otherwise applicable standards;
(c) 
The amount of environmental or energy-savings benefits to be achieved by the installation of the structure, device or equipment;
(d) 
The effect on neighboring buildings;
(e) 
The existence of feasible alternatives;
(f) 
Aesthetic concerns; and
(g) 
Any other relevant factors.
(2) 
The Village Board may impose any conditions it reasonably deems necessary in connection with the issuance of any such special permit.

§ 225-92 Yard space.

A. 
In the Residence A, B and C Districts, no part of a building shall be erected in or shall project into a rear yard, front yard or side yard except the following:
(1) 
Cornices, eaves, gutters, chimneys or flues projecting not more than 18 inches or window sills, belt courses or other ornamental features projecting not more that four inches. Said projection shall be measured from the extreme point of projection to the line of the building.
(2) 
One-story bay windows projecting not more than five feet.
(3) 
Balconies (with or without parapet walls and railings) and steps.
(4) 
One-story open porches which shall project into front or rear yards not more than 10 feet, or which may project into one side yard, but shall not be nearer to the side line of the lot than the minimum side yard requirement.
(5) 
One-story garage which is attached to and forms a part of the main building, which shall project into one side yard, but shall not be nearer to the side line of the lot than the minimum side yard requirement. Such projection shall begin not less than 10 feet back from the front building line.
B. 
All of the above exceptions are subject to building area restrictions as provided for elsewhere in this chapter.

§ 225-93 Yard restrictions.

In the Residence T, Business, Residence E and C-2 Zoning Districts, no part of a building shall be erected in or shall project into a rear yard, front yard or side yard except where specifically permitted elsewhere in this chapter.

§ 225-94 Street corner properties.

A. 
No owner or occupant of any corner lot or land in the Village shall permit or maintain on any such lot or land, within a radius of 30 feet from the point of intersection of the curblines in front of said lot or land at the street corner, any wall, fence, hedge, shrub, tree or other growth which shall exceed a height of three feet above the curb of the road or highway at a point perpendicularly opposite the same. The limbs or branches of trees, hedges and shrubs located within said radius may nevertheless be maintained, provided that no part thereof is more than five feet in height above the curb of the adjoining road or highway at the point thereof perpendicularly opposite the same.
B. 
Any owner who has been notified by the Building Inspector that any wall, fence, hedge, shrub or other growth on his premises is in violation of this section, and shall fail to correct the condition within five days of the sending of such notice by certified mail to his last known address, shall be in violation of this section; and in addition to the penalties otherwise enforceable, the Village may thereafter correct any such conditions and assess the cost thereof against the owner of said property. Such costs, if not paid, shall be assessable against the property as a tax thereon.

§ 225-95 Storage of campers and other miscellaneous vehicles.

No house trailer, camper, mobile home, boat or other vehicle designed or used for living, sleeping or eating purposes shall be stored on a lot or premises within the boundaries of the Village unless the same is stored within a building.

§ 225-96 Parking and storage of commercial vehicles.

The use of a lot or premises or a portion thereof in a residential district for the purpose of parking or storing a commercial vehicle is prohibited. A "commercial vehicle" is defined as any type of motor-driven vehicle used for commercial purposes on the highways, such as transportation of goods, wares and merchandise and motor coaches carrying passengers, including trailers and semitrailers and tractors when used in combination with trailers and semitrailers.

§ 225-97 Parking and storage of boats.

The use of a lot or premises or a portion thereof in a residential district for the parking or storage of boats, boat trailers or boat cradles is prohibited unless the same is stored within a building, garage or other similar structure.

§ 225-98 Accessory swimming pools.

A. 
Swimming pools shall be permitted as accessory to any residential use permitted in this chapter on the same premises, when permitted by the Board of Trustees after a public hearing held upon such notice as is provided for herein. The Board of Trustees shall not authorize the issuance of any permit under this provision unless it finds in each case that the proposed pool and its appurtenances:
(1) 
Are incidental and subordinate to a permitted principal use.
(2) 
Will not create a hazard to health, safety, morals or general welfare of the users thereof or the owners or occupants of adjacent, adjoining or nearby properties.
(3) 
Will be used and maintained in such a manner as not to annoy, disturb or cause discomfort to the owners or occupants of adjacent, adjoining or nearby properties.
(4) 
Shall be adequately screened, fenced and secured so as to prevent danger or injury to persons and property.
(5) 
Shall be equipped with suitable equipment for disposal on the premises of the water that may be contained in the pool.
B. 
All swimming pools and their appurtenances shall conform to such requirements as the Board of Trustees shall prescribe as conditions to the granting of any application for a permit therefor, as to, among other things, height, area and setback requirements which in no event shall be less than the following:
(1) 
Any swimming pool and all its appurtenances and accessories shall be located entirely in the rear yard of the premises.
(2) 
The area of the swimming pool shall not occupy more than 35% of the unoccupied area of the rear yard.
(3) 
No part of the pool shall be located less than 25 feet from any lot line of the premises.
C. 
The Board of Trustees may grant a swimming pool permit for a period of years or otherwise and shall impose such reasonable and appropriate conditions, restrictions and safeguards as it may deem necessary or desirable to promote the health, safety, morals and general welfare of the Village and to ensure the maintenance and use thereof in accordance with the provisions of this section.
D. 
Every application submitted for a permit under this section shall be accompanied by the following:
(1) 
Plot plan, showing existing structures and their respective uses.
(2) 
Plot, site and building plans of such proposed pool, showing dimensions, design, location and use of all structures, equipment, drainage, sanitary filtration, water supply and disposal facilities, fencing and screening.
(3) 
Such other information and data as the Board of Trustees may direct.
(4) 
A fee of $250.
[Amended 4-15-1992 by L.L. No. 2-1992]
E. 
Upon the filing of any such application, the Board of Trustees shall fix the time and place for a public hearing thereon and shall give notice thereof by publishing such notice at least 10 days prior to the date thereof in the newspaper of record.

§ 225-99 Fences.

No owner or occupant of a lot or premises located within the Village shall erect or maintain any fence or gate except in accordance with the following provisions:
A. 
A fence erected or maintained in the front yard of any lot or premises shall not exceed four feet in height.
B. 
A fence erected or maintained in the side and/or rear yard of any lot or premises shall not exceed four feet in height.
C. 
The height of a fence shall be measured from the unaltered grade at the base of the fence to the highest point in the fence.
D. 
The good or finished side of the fence is to face the adjoining properties in the case of an interior lot line or to the public street or right-of-way in the case of a property line contiguous with a public place.
E. 
All fences must be maintained in a sturdy, safe condition and must be structurally sound and suitably painted or otherwise finished at all times, unless the fence has a natural wood finish. Any slats, components or members must be replaced as and when they become loose or missing.
F. 
The fence must be located fully within the property lines of the subject premises.
G. 
The use of barbed wire or sharp protuberances of wood, stone, metal, glass or any other material is prohibited. Any existing fence which is subject to any such condition must be altered so as to eliminate any such condition within 90 days after the effective date of this chapter.
H. 
A permit must be obtained for the erection of any fence with an application to be made on forms provided by the Village. The fee for a fence permit shall be $50.
[Amended 4-15-1992 by L.L. No. 2-1992]
I. 
The Building Inspector may, at his discretion, require the applicant to provide the Village with a survey of the property showing the fence on the property, such survey to be prepared by a licensed surveyor or professional engineer. The Building Inspector may do so whenever the fence is erected close to a property line and there is some question as to whether the fence is wholly within the subject property.
J. 
No fence shall hereinafter be erected on any property in the Residence A or Residence B Zoning District which encroaches into the front yard of any property in any way, whether along the front line or the side line of the property, or otherwise.
[Added 5-21-2008 by L.L. No. 2-2008]
K. 
Any fence erected on any property in the Residence A or Residence B Zoning District shall be constructed of natural materials, such as wood or stone, or such other materials as shall be specifically approved by the Village Board of Trustees. Notice of an application to the Board of Trustees for approval of a fence made of nonnatural materials shall be provided to all properties adjoining the property on which the fence will be located.
[Added 5-21-2008 by L.L. No. 2-2008]
L. 
No previously existing fence in the Residence A or Residence B Zoning District shall be substantially replaced unless it complies with the requirements set forth in Subsections J and K above.
[Added 5-21-2008 by L.L. No. 2-2008]

§ 225-100 Auto-oriented facilities.

[Amended 6-19-1996 by L.L. No. 4-1996]
A. 
Procedures.
(1) 
No design unit constituting an auto-oriented facility may be erected, altered or reconstructed (except for normal maintenance without a permit from the Village's Board of Trustees. Such a permit may be granted only after compliance with the requirements applicable to such facility and after receipt of a design report in accordance with the provisions of this section. Application for such a permit shall be made on forms provided by the Village's Board, together with such other information, such as photographs and drawings, as are reasonably necessary to establish compliance with the provisions of this chapter.
(2) 
The fee for any permit shall be $250.
[Amended 4-15-1992 by L.L. No. 2-1992]
B. 
Design review and reports.
(1) 
Referral. Before a permit for a design unit constituting an auto-oriented facility or a variance for work on such a facility may be granted, the application for the permit or variance shall be referred to the Building Inspector for a report.
(2) 
Review considerations. In responding to applications, the Inspector shall consider whether the materials, textures, colors and details of construction are an appropriate expression of the design concept of the work proposed, whether it is appropriate to and compatible with its surroundings and any design development plan adopted pursuant to Article XIV of this chapter for the design district in which such work is to take place and whether such work would be consistent with the purposes of this chapter; provided, however, that the Building Inspector shall restrict his considerations to a reasonable and professional review.
(3) 
Report content and procedures.
(a) 
In any report required hereunder, the Building Inspector shall make recommendations for approval, disapproval, amendments or advice for possible conditions to be imposed.
(b) 
Upon receipt of a design report from the Building Inspector, the Board of Trustees or Board of Appeals, as the case may be, shall consider such report in its decision and, notwithstanding compliance with all other requirements of this chapter, may approve, disapprove, amend or impose conditions on such application or proposed plan based on design considerations; provided, however, that to the extent its decision differs from the recommendations contained in the Building Inspector's report, it shall state the reasons for such differences in writing. Any applicant who requests it may obtain a copy of the Building Inspector's design report in writing.
(4) 
Conditions applicable to auto-oriented facilities. Except as otherwise provided by a design development plan adopted in accordance with the provisions of Article XIV, all auto-oriented facilities shall meet the following requirements:
(a) 
Disposal or trash containers, vending machines and storage racks shall be adequately screened from view from a public street or sidewalk.
(b) 
Lights used to illuminate the facility shall be located so as not to shine directly on surrounding properties or public streets or emit light of such intensity as to unreasonably illuminate adjacent properties through glare or reflection.
(c) 
There shall be provided a landscaped buffer strip between any paved area and any abutting public street or sidewalk and a separate landscaped buffer strip between any paved area and any abutting design unit. Such strip shall produce a visual barrier no lower than three feet above the grade of the curbline. Such height may be achieved by a hedge, a masonry wall or a wooden fence, provided that any such wall or fence provides adequate screening and is set back as far as practical in the interior side of the strip. All plants shall be natural, live and shall be regularly maintained. Such strip may be broken for curb cuts, which should not exceed 25 feet in length. Landscaping plans shall be submitted for approval to the Village Engineer for purposes of assuring site distance and adequate vehicle and pedestrian safety.
(d) 
Notwithstanding the foregoing provisions, the Board of Trustees may vary the requirements imposed in an auto-oriented facility by this section, so long as such requirements achieve the same level of performance and protection.

§ 225-101 Location and screening of dumpsters.

A. 
No person shall install or have installed a dumpster without the approval of the Building Inspector as to its location. No person shall continue to use an existing dumpster unless approval is received from the Building Inspector as to its location within 30 days after the effective date of this chapter.
B. 
No person shall install or have installed a dumpster without providing for the screening of it by fences, gates, living plants or a combination thereof in a manner approved by the Building Inspector. All existing dumpsters shall be screened by fences, gates, living plants or a combination in a manner approved by the Building Inspector within 30 days after the effective date of this chapter.

§ 225-102 Tombstones.

[Amended 6-19-1996 by L.L. No. 4-1996]
No person shall erect, keep or maintain or cause, permit or suffer to be erected, kept or maintained any tombstone except in the backyard of a building plot, and further provided that it must be hidden from public view by screens, plantings or some combination thereof.

§ 225-103 Installation of utility wiring.

Utility wiring serving a multiple dwelling shall be so arranged as to be contained in a single feeder cable capable of serving the needs of the entire building. The cable shall connect the shortest distance between the utility pole and the nearest point of entry on the building. Individual cables from utility poles to individual dwelling units shall not be permitted.

§ 225-104 Security gates.

[Amended 6-19-1996 by L.L. No. 4-1996]
A. 
Application. The provisions of this § 225-104 shall apply only to security gates located in front of or behind doors, windows or other openings facing or fronting on a public road or highway located within the Business and C-2 Districts and commercial buildings and uses in all districts.
B. 
Restrictions.
(1) 
No security gate shall be erected or maintained in front of doors, windows or other openings facing or fronting on a public road or highway located within the Business and C-2 District and commercial buildings and uses in all districts.
(2) 
No security gate erected or maintained behind doors, windows or other openings facing or fronting on a public road or highway located within the Business and C-2 District and commercial buildings and uses in all districts, unless first approved by the Board of Trustees at its sole discretion. The area of any such gate, when in the closed position, shall be at least 90% open with the bars and crossmembers comprising no more than 10% of the expanded area of the gate, and the quality and construction of any such gate shall be decorative in nature.
C. 
Permits.
(1) 
No permit shall be issued until the Board of Trustees has examined and approved, in writing, the proposed security gate as complying with all of the provisions of this chapter.
(2) 
Permits shall expire three months following the date of issuance if no substantial work is begun and may be renewed upon written application to the Building Inspector.
D. 
Fees. The fee for a permit for the erection, alteration or maintenance of a security gate shall be $100. Said fee shall be submitted at the time the application is presented to the Building Inspector.
[Amended 4-15-1992 by L.L. No. 2-1992]