[Amended 5-15-1996 by L.L. No. 2-1996]
In the Residence T District, the following regulations
shall apply.
In the Residence T District, 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 building or land in the Residence T District
may be used for any accessory use. No accessory use shall be erected
within five feet of any side or rear line or nearer than 50 feet to
any street line.
[Amended 8-1-2018 by L.L.
No. 3-2018]
No building shall hereafter be erected or altered
on a lot less than 12,000 square feet.
[Amended 8-1-2018 by L.L.
No. 3-2018]
A.
The front and rear yards shall in aggregate be a minimum
of 50 feet, provided that under no circumstances may the front yard
be less than 25 feet.
B.
There shall be two side yards which in aggregate shall
be a minimum of 40 feet, provided that each side yard may be no less
than 15 feet.
C.
No portion of a building may encroach on any yard
except the following:
(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.
(9)
Balconies, provided that:
B.
No single-family dwelling, church, public free school, library or
public museum shall have a gross floor area of less than 1,200 square
feet. No individual dwelling unit in a multiple dwelling or clustered
single-family housing unit shall have a gross floor area of less than
1,000 square feet.
[Amended 8-1-2018 by L.L.
No. 3-2018]
C.
The total gross floor area of any building shall include
all habitable and nonhabitable space, exclusive of any parking structures
and space related thereto.
The Board of Trustees, in its sole discretion, may authorize the renovation or rehabilitation on such terms and conditions as it deems appropriate within the exterior structure of a building or building complex which existed as of April 15, 1981, irrespective of whether the gross floor area of the building or building complex exceeds 28,000 gross square feet per acre, and irrespective of the existing height or coverage of the building or building complex, and irrespective of whether the building or building complex encroaches on front, side or rear yards, and irrespective of whether the building or building complex consists of the mixed uses authorized in § 225-50.2A(4), where the Board of Trustees finds that the preservation of the complex will protect and secure the character of the existing neighborhood. Such terms and conditions may relate to elements of architectural and functional enhancement including, but not limited to, balconies, stoops, roofs and other structures which protrude beyond the exterior structure of the building or building complex.
[Amended 8-1-2018 by L.L.
No. 3-2018]
A.
If the side or rear property line of a lot abuts either
the Business B District or a Residence D District or an existing multiple-dwelling
land use that equals or exceeds a 1.50 floor/area ratio or a building
with a gross square feet per acre equal to or greater than 65,340,
adjusted proportionately for all lots which are smaller or larger
than one acre, then the Board of Trustees, in its sole discretion,
may:
(1)
Authorize a total gross floor area of all buildings
on said lot up to but not exceeding 39,000 gross square feet per acre,
adjusted proportionately for all lots which are smaller or larger
than one acre, provided that the total coverage of all buildings on
the lot shall, in no event, exceed 40% of the area of the lot.
(2)
Authorize a building height on said lot up to
but not exceeding 45 feet, provided that no building which abuts and
is adjacent to a single-family dwelling off said lot or which fronts
on a public right-of-way shall exceed the height of 2 1/2 stories
and provided further that no building which abuts and is adjacent
to a single-family dwelling off said lot or which fronts on a public
right-of-way shall exceed the height of 40 feet.
(3)
Decrease the applicable front, side and rear
yard requirements, but in no case shall the front yard be less than
20 feet and the side and rear yards less than five feet.
(4)
Allow a mixed use on said lot of single-family
dwellings, clustered single-family housing and multiple dwellings.
B.
The Board of Trustees shall not grant a permit under
this section unless it finds that the granting of such permit will
be in accordance with the Village's comprehensive zoning plan, will
conform to the general character of the neighborhood in which the
subject property is located and will secure the public health, safety
and welfare. If it determines to issue such a permit, the Board may
also impose such conditions and safeguards in connection therewith
as it deems appropriate and necessary to effectuate these goals.
C.
The Board of Trustees, in considering an application
for a conditional permit under this section, shall classify said action
as a Type I action for purposes of review under the State Environmental
Quality Review Act[1] (SEQRA) and shall implement an SEQRA environmental review
in accordance with applicable statutory procedures.
[1]
Editor's Note: See Art. 8 of the Environmental
Conservation Law.
D.
In connection with issuing any conditional permit
under this section, the Board of Trustees shall be required to make
a determination whether there will be a loss of open space and greenery
within the Village by reason of the requested permit. If it makes
such a determination, then the Board may impose as a condition of
issuing the permit either that the applicant undertake necessary landscaping
measures to compensate for said loss or that the applicant pay the
Village a sum sufficient to enable the Village to undertake compensatory
measures within the Village to alleviate the loss of such space within
the Village, or both. Said sum shall not exceed an amount equal to
$5 for each square foot of gross floor area authorized by said conditional
permit above 28,000 square feet per acre, adjusted proportionately
for all lots which are larger or smaller than one acre.
[Added 8-1-2018 by L.L.
No. 3-2018]
A.
AHU or AFFORDABLE HOUSING UNIT
AHU SPACE
BOARD
BUILDING OWNER
HOUSEHOLD
INITIAL BUILDING OWNER
INITIAL UNIT OWNER
PERMIT
UNIT OWNER
VILLAGE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A residential unit that is constructed under the provisions
of this section and rented to an eligible individual pursuant to the
standards set forth in this section. In order to constitute an affordable
housing unit for purposes of this section, a residential unit must
be available to be leased only to households which satisfy the financial
eligibility criteria set forth in this section and charge an annual
rent no higher than that set forth in this section.
The total cumulative gross floor area of all space located
within the interior walls of affordable housing units in a building.
The Board of Trustees of the Village.
The owner of the building containing an affordable housing
unit. Such term shall include initial building owner (as hereinafter
defined).
The person who seeks to rent an affordable housing unit,
together with any other individual who resides (for more than 30 days
per year) or intends to reside or actually resides (for more than
30 days per year) in the affordable housing unit, including, without
limitation, parents, children, spouses and persons united in a legally
recognized civil union.
The owner or developer of a building who provides affordable
housing units under this section at the time that the affordable housing
unit is initially constructed and receives an initial certificate
of occupancy.
The owner of an affordable housing unit that is constructed
under this section at the time that the affordable housing unit is
initially constructed and receives an initial certificate of occupancy,
except that, in the case of an affordable housing unit located in
a building owned by a cooperative corporation, this term shall refer
to the owner of the shares in the cooperative corporation allocated
to the affordable housing unit.
Any permit, license or approval of any kind necessary for
the demolition, construction, conversion or occupancy of a building
within the Village. This term shall include but shall not be limited
to demolition permits, certificates of occupancy, site plan approvals,
conditional use permits, or permits of compliance.
The owner of an affordable housing unit, except that, in
the case of an affordable housing unit located in a building owned
by a cooperative corporation, the term shall refer to the owner of
the shares in the cooperative corporation allocated to the affordable
housing unit. Such term shall include "initial unit owner."
The Village of Great Neck Plaza.
B.
Additional development authorized.
(1)
If a building hereinafter constructed or converted in the RT
District contains affordable housing units that comprise at least
20% of the gross floor area in the building, then the Board of Trustees,
in its sole discretion, may, notwithstanding the provisions otherwise
applicable in the RT zone, issue a conditional permit to said building
which:
(a)
Authorizes said building to have lot coverage of up to 50%;
(b)
Authorizes said building to have a floor area ratio of up to
1.35;
(c)
Authorizes said building to have a height of up to 45 feet;
(d)
Authorizes said building to contain four stories, provided that
the fourth floor is set back on all sides at least five feet from
the building wall of the first three floors, and provided further
that said building does not abut and is not adjacent to a single-family
dwelling;
(e)
Decreases the applicable front yard requirements based on, among
other things, the configuration of the property lot, building details,
and the location and size of neighboring buildings, but in no case
shall the front yard be less than 15 feet;
(f)
Allows a mixed residential use on said property lot consisting
of single-family dwellings, clustered single-family housing and/or
multiple dwellings.
(2)
The Board of Trustees shall not grant a permit under this section
unless it finds that the granting of such permit will be in accordance
with the Village's comprehensive zoning plan, will conform to the
general character of the neighborhood in which the subject property
is located and will secure the public health, safety and welfare.
In determining whether to grant any of the modifications authorized
by this subsection, the Board shall also take into consideration,
among other factors, the proximity of neighboring buildings; the height
of neighboring structures; the use of neighboring structures; the
design of the building to be constructed or converted; and the provision
of public amenities, such as public plazas and accessible public art,
that will serve to enhance the desirability of buildings containing
affordable housing units. If the Board determines to issue such a
permit, the Board may also impose such conditions and safeguards in
connection therewith as it deems appropriate and necessary to effectuate
these goals.
(3)
In connection with issuing any conditional permit under this
section, the Board of Trustees shall be required to make a determination
whether there will be a loss of open space and greenery within the
Village by reason of the requested permit. If it makes such a determination,
then the Board may impose as a condition of issuing the permit either
that the applicant undertake necessary landscaping measures to compensate
for said loss or that the applicant pay the Village a sum sufficient
to enable the Village to undertake compensatory measures within the
Village to alleviate the loss of such space within the Village, or
both. Said sum shall not exceed an amount equal to $5 for each square
foot of gross floor area authorized by said conditional permit above
28,000 square feet per acre, adjusted proportionately for all lots
which are larger or smaller than one acre.
(4)
If a building that has AHU space is destroyed or demolished
and a new building replaces it, then the new building, unless it provides
the same amount of AHU space as in the destroyed or demolished building,
shall not be entitled to use any bonus density that was provided to
the destroyed or demolished building under this section in determining
the permissible density of the replacement building, and shall not
be entitled to any divergence from otherwise applicable standards
that was authorized for the demolished or destroyed building under
this section.
(5)
If a previously constructed building located in the RT Zoning
District is to be converted to residential use, then a conditional
permit may be provided in accordance with this section.
C.
Requisite documents.
(1)
Prior to issuing a certificate of occupancy for any building
within the RT District that has been granted a permit pursuant to
this section, the initial building owner and the initial unit owner
must execute and record all requisite legal documents, as determined
by the Village Attorney, necessary to insure that, in accordance with
the provisions of this section and with such other regulations as
the Board may hereinafter adopt, the affordable housing units in said
building shall continue to be rented to eligible persons, at rental
levels designated herein, for a period of at least 30 years after
the affordable housing unit receives an initial certificate of occupancy.
The documents necessary to effectuate this requirement may include,
but shall not be limited to, the incorporation of suitable provisions
into:
(a)
The bylaws of any cooperative corporation that owns the building
at issue;
(b)
The bylaws of any condominium or homeowners' association relating
to the building at issue;
(c)
The leases pertaining to the building at issue;
(d)
Mortgage and financing documents relating to the building at
issue;
(e)
Offering memorandums relating to the building at issue; and
(f)
Declarations of covenants and restrictions relating to the building
at issue.
(2)
All provisions in this article relating to the construction,
maintenance and leasing of affordable housing units shall be binding
on all successors and assignees of the initial building owner and
the initial unit owner. No certificate of occupancy shall be issued
for any building within the RT District that has been granted a permit
under this section unless and until all requisite legal documents
to effectuate this, as determined by the Village Attorney, are executed
and recorded.
(3)
The selection of the tenants who rent affordable housing units
shall be determined as to eligibility by the building owner and unit
owner in accordance with the provisions of this section. Other than
as to eligibility issues, the selection of the tenants who rent affordable
housing units shall be made by the building owner and unit owner in
accordance with the provisions and procedures applicable to other
tenants in the building where the affordable housing units are located,
provided such provisions do not conflict with the provisions of this
section and do not discriminate against the tenants of affordable
housing units.
(4)
At the conclusion of the thirty-year period during which the
requisite units in a building shall be rented as affordable housing
units in accordance with the provisions of this article, such units
may thereafter be rented by the building owner or unit owner at market
rates, provided that:
(a)
At least six months before the conclusion of such period, persons
renting and occupying an affordable housing unit in a co-op or condo
building are provided, in writing, with an opportunity to purchase
the unit at fair market value;
(b)
Persons renting and occupying an affordable housing unit in
a co-op or condo building who opt not to purchase the unit at fair
market value shall have an additional period after the conclusion
of the thirty-year period to vacate the unit, during which time their
rental rate shall remain at the levels set in accordance with this
article; said additional period shall be six months for persons who
have resided in the affordable housing unit for less than four years
and 12 months for persons who have resided in the affordable housing
unit four years or longer; and
(c)
Persons renting and occupying an affordable housing unit in
a rental (i.e., non-co-op or noncondo) building shall have an additional
period after the conclusion of the thirty-year period to vacate the
unit, during which time their rental rate shall remain at the levels
set in accordance with this section; said additional period shall
be six months for persons who have resided in the affordable housing
unit for less than four years, and 12 months for persons who have
resided in the affordable housing unit four years or longer.
D.
Other bonuses and incentives. In connection with the construction
or conversion of any building which contains affordable housing units
receiving a permit under this section, the Board shall endeavor to:
(1)
Expedite, to the extent reasonably possible, all procedures
necessary to obtain any permit;
(2)
Assist the building owner and the unit owner in obtaining any
tax benefits, low-cost construction loans, and other similar benefits
that might assist in reducing development and construction costs of
the building and that might be available by reason of the presence
of affordable housing units in such building;
(3)
Actively assist the building owner and the unit owner in obtaining
any assistance, including grants and low-cost loans, that may be available
from federal, state and other governmental agencies for the purpose
of supporting the creation of affordable housing units.
E.
Design standards.
(1)
The exterior appearance of mandated affordable housing units
provided pursuant to this section, including, but not limited to,
exterior doors, windows and terraces, shall not be distinguishable
as a class from other residential units in a building.
(2)
Common elements used in the construction of mandated affordable
housing units provided pursuant to this section, including, but not
limited to, electrical services, plumbing services, mechanical services
and alarm services, shall not be distinguishable as a class from other
residential units in the building. However, the fixtures and appointments
in the interior of affordable housing units need not be identical
or of the same quality as other units in the building.
(3)
The proportion of affordable housing units of various bedroom
sizes in a building shall be in approximately the same proportion
as the proportion of comparably sized units in the building which
are not affordable housing units.
(4)
Mandated affordable housing units shall be integrated into the
rest of the building, and the occupants of such units shall not be
discriminated against vis-a-vis other occupants of the building in
terms of services, privileges or otherwise. However, nothing herein
shall regulate the location within the building of affordable housing
units.
F.
Eligible persons.
(1)
A person shall be eligible to rent an affordable housing unit
if such person satisfies the financial requirements set forth in this
section. The eligibility of a person shall be redetermined at each
lease renewal.
(2)
Leases for affordable housing units may contain provisions to
insure that eligible persons who are selected to rent such units properly
maintain the units and conduct themselves as suitable tenants, provided
such provisions do not discriminate between persons residing in affordable
housing units and other tenants or occupants in the building which
contains the affordable housing units.
G.
Financial eligibility. In order to rent an affordable housing unit,
a person must satisfy the following standards regarding income and
assets:
(1)
Assets.
(a)
Total net assets (i.e., gross assets less liabilities), including
assets held in trust, of $150,000 or less.
(b)
During the period of three years before the determination of
eligibility, no person in the household seeking an affordable housing
unit shall have transferred without fair consideration assets in excess
of $50,000 in the aggregate.
(2)
Income. At the time of the determination of initial eligibility,
the current annual gross income of all persons living in the eligible
person's household shall not exceed 100% of the median household income
of the Nassau-Suffolk NY HUD Metro FMR Area, with adjustments for
household size, as defined and periodically updated by the United
States Department of Housing and Urban Development. In calculating
such household income, the income of a home health aide or other person
who is required to live in an affordable housing unit as a reasonable
accommodation for a person with a disability shall not be included.
[Amended 10-7-2020 by L.L. No. 4-2020]
H.
Determination of rental levels.
(1)
Except as set forth in Subsection H(2) below, the annual rent to be charged for an affordable housing unit shall not exceed 30% of the combined current annual gross income of all persons living in the eligible person's household (as established in accordance with the determination of eligibility).
(2)
The annual rent to be charged for an affordable housing unit
may be established in accordance with standards set by the United
States Department of Housing and Urban Development for the rental
of affordable housing units.
(3)
Except for the amount charged as rent pursuant to Subsection H(1) and (2) above, the building owner and/or unit owner shall be responsible for all other costs and charges relating to the affordable housing unit. Such costs and charges shall include, but shall not be limited to, the following: taxes; building insurance; assessments; common charges; maintenance charges; repair costs; administrative costs; and financing costs. The eligible person shall be obligated to pay to the unit owner only the rental amount calculated pursuant to Subsection A above. Notwithstanding the prior sentences in this subsection, the eligible person may also be required to pay a security deposit (not to exceed one month's rent unless, with the consent of the eligible person, for the purpose of addressing a poor credit report regarding the applicant); utility charges; late rent fees; amenity and parking fees; renter's insurance; moving expenses; and repair costs and damages necessitated by the negligence or misuse of persons in the household of the eligible person, provided that such additional charges do not discriminate between persons in affordable housing units and other tenants or occupants in the building containing the affordable housing unit.
I.
Leases and subleases.
(1)
Leases for affordable housing units shall be in writing; shall
have terms of one or two years; shall provide that the rental costs
specified therein to the eligible persons shall be adjusted upon each
lease renewal; shall provide for termination and nonrenewal in accordance
with the provisions of this section; and shall not have provisions
which shall be discriminatory vis-a-vis persons in affordable housing
units.
(2)
No lease for an affordable housing unit shall be assignable.
No subletting of all or any portion of an affordable housing unit
shall be permitted.
(3)
The unit owner and building owner shall provide the Village
annually with a sworn certification that the affordable housing units
in the building have been marketed and leased in accordance with the
provisions of this section, including compliance with approved rental
levels. Said certification shall be reviewed and certified by a third-party
entity that has experience in implementing marketing plans for affordable
housing (such as the Long Island Housing Partnership). Additionally,
whenever requested by the Village, the unit owner and the building
owner shall provide the Village with a copy of information requested
with respect to the affordable housing unit, including, but not limited
to, the following: applications; leases; rent invoices; rent receipts;
repair and maintenance records; invoices for repairs and maintenance
costs; correspondence relating to the unit; and any documents relating
to common charges and assessments.
(4)
In addition to any other notices required by law, the unit owner
and building owner shall provide written notice to the persons occupying
an affordable housing unit of a determination that the lease for an
affordable housing unit is not being renewed on the grounds that said
person is no longer eligible for an affordable housing unit, together
with a written explanation of the basis for the determination of noneligibility;
and a determination that the lease for an affordable housing unit
is being canceled or terminated for any other reason, together with
a written explanation of the basis for the proposed cancellation or
termination.
J.
Application and selection process.
(1)
When affordable housing units shall become available for rental
in a building that has received a permit pursuant to the provisions
of this section, the building owner shall disseminate information
about the availability of affordable housing units by methods reasonably
calculated to notify potentially eligible persons. Such notification
shall include material with relevant information about the location,
size and cost of the affordable housing units to become available;
a statement of eligibility guidelines; a description of the application
process; and contact information to be used by persons interested
in obtaining information or submitting an application. Such information
shall be:
(a)
Posted on the website, if any, of the building owner;
(b)
Posted on other Internet websites that are free for prospective
tenants to access; and
(c)
Provided to entities experienced in marketing affordable housing
units, a list of which shall be provided to the building owner in
connection with the grant of the Village's approval to construct or
convert a building containing an affordable housing unit, or at the
building owner's request.
(2)
Such notification shall be provided:
(3)
Any person who wishes to apply for an affordable housing unit
that shall become available shall be required to submit a written
application demonstrating eligibility for such units under the standards
established by this section and documentation to confirm such eligibility.
(4)
The applications of persons who have submitted a valid and complete
application for an affordable housing unit shall be ranked and reviewed
in a random and nondiscriminatory manner.
(5)
In marketing, reviewing the eligibility of, and selecting tenants
for affordable housing units in a building within the RT District
of the Village, a building owner may contract with a third-party entity
that has experience in developing and implementing affirmative marketing
plans for affordable housing to undertake such tasks on behalf of
the building owner.
(6)
A person who has submitted an application for an affordable
housing unit shall receive written notice of eligibility or of noneligibility
and, if not eligible, of the reasons therefor.
(7)
Absent good cause shown, any person who is selected to rent
an affordable housing unit shall be required to sign a lease for the
affordable housing unit within 15 days after the unit becomes available
for rental and the eligible person has been notified of eligibility
(the "availability date"). The eligible person may also be required
by the building owner or unit owner to deposit all sums due in connection
with entering into a lease within 30 days after the availability date,
and to commence paying rent for the affordable housing unit as of
60 days after the availability date. If a selected eligible person
is unable or fails to meet these time requirements, then the available
affordable housing unit may be offered to other eligible persons.
K.
Loss of eligibility.
(1)
If a person is initially eligible to rent an affordable housing
unit and, during such period of eligibility, enters into a lease for
an affordable housing unit, but such person subsequently fails to
satisfy eligibility standards, then such person's right to continue
renting and occupying the affordable housing unit shall end three
months after written notice of loss of eligibility is sent to such
person, or at the end of such person's current lease, whichever is
later. Every lease for an affordable housing unit shall contain a
provision stating this. Determinations regarding a loss of eligibility
shall be made in accordance with the provisions of this section. Written
notice of the loss of eligibility shall be sent by express mail and/or
by certified mail, return receipt requested, to the persons occupying
the affordable housing unit. If the formerly eligible person fails
to voluntarily vacate the affordable housing unit at the requisite
time, or fails to pay the rent due prior to such time, then all appropriate,
lawful and available measures shall be used by the building owner
and/or unit owner to evict such person involuntarily.
(2)
No person who is occupying an affordable housing unit shall
be entitled to a renewal lease from the building owner and/or unit
owner. However, if a renewal lease is not offered by the building
owner or unit owner to an eligible person who continues to satisfy
the eligibility requirements of this section, then, for a period of
two years after the expiration date of the lease which has not been
renewed (the "nonrenewed lease"), the building owner and unit owner
shall be prohibited from charging a higher rent for the affordable
housing unit than that specified in the nonrenewed lease.
L.
Other laws mandating affordable housing. In the event that there
are other laws which will be or have been enacted by other governmental
authorities (such as New York State or the county or town) which require
the provision of affordable housing units within the Village (whether
denominated as affordable housing, work force housing or in some similar
manner), including but not limited to the Long Island Workforce Housing
Act, the provisions of this section shall govern, if they are not
legally preempted by such other law, to the extent they require a
greater number of affordable housing units to be provided, or they
address issues which are not addressed by such other law.
M.
Regulations and procedures. The Village Board of Trustees may, by
resolution, adopt such further procedures and regulations as may be
necessary to implement and effectuate the construction and leasing
of affordable housing units within the Village.
