Village of Farmingdale, NY Article IV Multifamily Dwellings

[Added 4-22-1963]

§ 600-18 Compliance required.

No building or premises shall be used as a multifamily dwelling, and no building shall hereafter be erected or altered for use as a multifamily dwelling, irrespective of the use district within the Village of Farmingdale in which the same may be located, except upon compliance with the provisions of this article, nor unless such use is a permitted use within such district.

§ 600-19 Special use permits required; applications; fees; survey; plans.

[Amended 10-24-1977 by L.L. No. 10-1977; 12-16-1985 by L.L. No. 7-1985]

A. No building or premises shall be used as a multifamily dwelling, and no building shall hereafter be erected or altered for use as a multifamily dwelling, unless a special use permit therefor shall have been approved by the Board of Trustees of the Village of Farmingdale after a public hearing. Each applicant for such special use permit shall, at the time of filing such application, pay to the Clerk-Treasurer of the Village a filing fee as shall be set from time to time by resolution of the Board of Trustees, with a schedule of such fees to be maintained by the Village Clerk-Treasurer, for a multifamily dwelling having a total of 18 or less dwelling units and a filing fee as shall be set by resolution for a multifamily dwelling having a total of more than 18 dwelling units, plus an additional filing fee as shall be set by resolution for each dwelling unit in excess of 18, which fees shall be in addition to the fees for a building permit otherwise prescribed by ordinance of the Village of Farmingdale.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. The application to the Board shall include site plans, architectural plans and other information as described in § 600-224 of this chapter.

C. Surveys and plans. The Board of Trustees may, upon application and after a public hearing on notice as provided in § 600-234 for special use permit for a multifamily dwelling in such districts where that use may be permitted, authorize a special use permit if said Board shall find that the proposed use is desirable for the Village as a whole, that the location is appropriate for such use and gives due consideration to the character of the surrounding neighborhood. Before approving said special use permit, the Board of Trustees shall determine that the minimum conditions have been met, unless it is demonstrated that yard waivers may be appropriate in order to provide an improved building design and/or site plan. If such is the case, the applicant will be encouraged to seek relief from the Zoning Board of Appeals.

(1) Minimum site area. The minimum site area of a multifamily development shall not be less than 40,000 square feet.

(2) Density. At least 2,500 square feet of site area shall be provided for each dwelling unit.

(3) Frontages. At least 100 feet of continuous frontage on a public street shall be provided for a multifamily dwelling development.

(4) Front yard. The required front yard shall not be less than 35 feet in depth, and in the case of a corner lot, the required front yard along each street shall not be less than 35 feet in depth.

(5) Side yards. A required side yard shall not be less than 35 feet, except that on sites where the lot width is less than 120 feet, one minimum side yard may be 20 feet. On every site, the total width of both side yards shall not be less than 70 feet.

(6) Rear yard. The required rear yard shall not be less than 35 feet.

(7) Bulk. The building area shall not exceed 25% of the site area. The total floor area shall not exceed 50% of the lot area.

(8) Height. No multifamily dwelling shall exceed 40 feet or 2 1/2 stories in height as measured from the curbline abutting said premises.

(9) Parking. Adequate parking shall be provided, but in no case shall the parking be less than required pursuant to Article XIX of this chapter. No parking space shall be permitted within the required front yard, within 10 feet of any building or within six feet of any side or rear property line. All driveways shall be set back at least five feet from all buildings.

(10) Landscaping. Adequate planting and screening as determined by the Board of Trustees shall be provided, but in no case shall less than 25% of the site be used for live lawns, ground cover, shrubs and trees. Further, at least 75% of the required front yard shall be landscaped.

(11) Architecture. The exterior design and placement of buildings shall protect and enhance the established character of the Village. The minimum pitch of roofs shall be eight on 12 on all buildings. All exterior building materials shall be aesthetic, appropriate and of high quality as determined by the Board of Trustees. No more than two types of materials (e.g., brick and clapboard) shall be permitted on the wall (not including windows, trim and doors) of a multiple-residence development. The architecture of all buildings and/or units in a multifamily dwelling development shall be of the same style or period. The Board of Trustees may waive or modify these requirements, if it determines that it will further the public health, safety or general welfare.[2]

[2] Editor's Note: Original §§ 105-15 through 105-31, which contained requirements and regulations for multifamily dwellings, were repealed 12-16-1985 by L.L. No. 7-1985.

§ 600-20 Referral of applications to Planning Board; guidelines for approval or denial of permit. [1]

On all applications for a special use pursuant to the provisions of this article, the Board of Trustees, in making its determination, may, prior to such determination, refer same to the Planning Board of the Village of Farmingdale for recommendations, which recommendations shall be advisory only. The requirements set forth in this article shall be deemed minimum requirements and compliance therewith shall not be deemed to require the granting of a special use permit for a multifamily dwelling. The Board of Trustees, in making its determination, shall, in addition to the requirements set forth in this article, also consider all other applicable statues, laws, ordinances and regulations affecting the construction and maintenance of multifamily dwellings within the Village of Farmingdale and the health, safety, convenience and general welfare of the Village of Farmingdale, together with the standards set forth in §§ 600-221 and 600-222 of this chapter, and, as a condition of approval, may require such changes, modifications or additions to the plans and specifications as it may deem necessary to secure compliance therewith.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 600-21 Repealer.

All sections of this chapter heretofore enacted and expressly in conflict with the provisions of this article are hereby repealed; provided, however, that the adoption of this article shall not render unlawful the use or construction of any premises or building for which a building permit has been issued prior to the adoption of this article and which permit remains in force and effect subsequent to the adoption hereof.