[Added 6-15-1993 by L.L. No. 5-1993]
As used in this article, the following terms
shall have the meanings indicated:
Includes all buildings and structures except signs, flagpoles,
lighting fixtures, sprinklers, pools, tennis courts, fences and retaining
walls.
[Added 9-13-2021 by L.L. No. 17-2021]
No portion of a premises that have been improved with a single-family dwelling, including, but not limited to, any building or other structure thereon, may be rented. The intent being that the entire premises may be rented as a whole if a rental occupancy permit pursuant to Chapter 122 of this Code is obtained; however, a swimming pool, tennis court, garage, or other building or structure, and/or the vacant grounds, whether with or without the joint use of the premises, may not be rented while another family remains as the tenants. The term “rent” as used in this section, means a return in money, property, or other valuable consideration, including, but not limited to, payment in kind or services or other thing of value.
[Added 3-20-1968]
Regardless of the area of a plot or parcel of land on which a building is hereafter erected or altered for use as a dwelling, such building must be located on a single and separately delineated building lot. Any subdivision of land into separate building lots shall require the approval of the Planning Board of the Village in accordance with Chapter 137, Subdivision of Land. Such building lot or lots and any such dwelling and buildings or structures accessory thereto shall conform in all respects to all the provisions of this chapter.
[Amended 6-17-1986 by L.L. No. 2-1986; 6-15-1993 by L.L. No.
5-1993; 12-14-1999 by L.L. No. 7-1999; 6-20-2017 by L.L. No. 3-2017]
A.
Front and rear yards.
(1)
No building and no part of a building shall be erected within or
shall project into the front or rear yards except:
(2)
However, an accessory building may be built or constructed within
the rear yard if entirely separated from the main building and any
accessory structures attached thereto by not less than 10 feet and
located at least 10 feet farther back from the front street line than
the rearmost portion of the main building.
B.
No building and no part of a building shall be erected within or
shall project into the side yard except:
C.
Projections into shoreline yards.
(1)
No main building and no part of a main building shall be erected
within or shall project into the shoreline yard except:
(2)
A building or structure that is not a main building may only be erected
in whole or in part in a shoreline yard with the permission of the
Architectural and Preliminary Site Review Board.
[Amended 11-20-2017 by L.L. No. 6-2017]
D.
Mechanical equipment.
(1)
For the purpose of this subsection, "mechanical equipment" shall include all heating, air-conditioning, and ventilation equipment, electric power generators, equipment to melt ice on paved surfaces, and equipment deemed by the Building Inspector to be of a similar nature. "Mechanical equipment" shall not be deemed to include equipment that is accessory to a swimming pool and which is covered by Chapter 140 of this Code.
(2)
Mechanical equipment shall be allowed in any yard so long as:
(a)
It is located as close to the principal building as possible
when providing sufficient clearance to comply with all applicable
building and other safety codes and manufacturer requirements;
(b)
It is located with its longest dimension parallel to the principal
building;
(c)
In no event shall the portion of the equipment that is closest
to the principal building exceed a distance of five feet from the
principal building; and
(d)
It is fully screened from all public streets and adjoining properties
by such densely planted evergreen or other screening as may be required
by the Building Inspector.
(3)
With the approval of the Architectural and Preliminary Site Review
Board, solar panel systems may be installed without having to meet
the restrictions of this section so long as the system meets the following
minimum standards:
[Added 3-7-2019 by L.L.
No. 3-2019]
(a)
It shall not be located in a front yard.
(b)
It shall not be located within six feet of any property line.
(c)
It shall not exceed three feet in height when fully extended.
(d)
It shall be substantially screened from all property lines to the
extent that such Board finds that it shall not adversely impact the
neighboring properties or the view of the system from the street.
Such screening shall include, but not be limited to, evergreen screening
between the system and the rear and side property lines, which such
screening shall be not less than six feet in height when planted and
with not more than five feet between each plant.
[Added 9-17-1975 by L.L. No. 3-1975]
A.
All permitted accessory buildings shall comply with the following
regulations:
[Amended 5-8-1984 by L.L.
No. 1-1984; 8-19-1996 by L.L. No. 1-1996; 6-20-2017 by L.L. No. 3-2017]
(1)
The building area of an accessory building shall not exceed 600 square
feet.
(2)
The total building area of all accessory buildings shall not exceed
1,000 square feet.
(3)
No accessory building shall be within 40 feet of another accessory
building without the approval of the Architectural and Preliminary
Site Review Board.
[Amended 11-20-2017 by L.L. No. 6-2017]
(4)
No accessory building shall be on the same side of the property as
another accessory building without the approval of the Architectural
and Preliminary Site Review Board.
[Amended 11-20-2017 by L.L. No. 6-2017]
(5)
The height of an accessory building with a peaked roof shall not
exceed 15 feet. The height of all other accessory buildings shall
not exceed 11 feet.
(6)
An accessory building shall be set back from side and rear lot lines
at least the same number of feet as the highest point of the building
is above the mean level of the ground surrounding said building.
(7)
No accessory building shall be designed or used for housekeeping
or sleeping.
B.
Air-supported structures and tents shall not be erected
or maintained on any lot within the Village of Kings Point except
as temporary shelters for permitted accessory uses and in no event
may they be maintained for more than seven days in any one calendar
year.
[Amended 6-15-1993 by L.L. No. 5-1993]
C.
On any lot with more than one rear yard, notwithstanding the provisions of § 161-10 of this chapter and Subsection A of this section, with the approval of the Architectural and Preliminary Site Review Board, an accessory building may be separated from the main building and any accessory structures attached thereto by less than 10 feet, located less than 10 feet farther back from the front street line than the rearmost portion of the main building, and set back from side and rear lot lines less than the same number of feet as the highest point of the building is above the mean level of the ground surrounding said building.
[Added 9-20-2022 by L.L. No. 22-2022]
[Amended 9-12-2019 by L.L. No. 7-2019]
No wall, fence, or other structure shall be erected, altered,
or maintained, and no hedge, tree, shrub, or other growth shall be
planted or maintained, which may cause danger by obscuring the view
of vehicles to vehicular traffic travelling on or coming onto a street
from another street or driveway. The word "street," as used herein,
shall include all public roads and all private roads serving three
or more properties.
[Added 11-16-1955]
A flagpole or mast shall not be nearer to any
street line than a distance equal to its height.
[Added 11-16-1955; amended 3-29-1999 by L.L. No. 2-1999]
[Added 11-16-1955]
No sprinkler, nozzle or hose shall be erected
or used in a manner so as to spray or sprinkle water upon the paved
portions of any public street or public place in the Village.
[Added 11-16-1955]
No clothesline, dryer or clothesyard shall be
erected or used closer to the street line than the rear of the rearmost
portion of the main building.
No lot area shall be so reduced that the dimensions
of any of the open spaces shall be smaller than herein prescribed.
[Added 8-19-1996 by L.L. No. 1-1996]
The maximum floor area of a single-family dwelling
and its accessory buildings shall not exceed the following floor area
limitations:
A.
On each and every lot having a lot area of 40,000
square feet or more, the maximum permitted floor area shall be equal
to 20% of the first 40,000 square feet of lot area; 7% of the lot
area in excess of 40,000 square feet.
B.
On each and every lot having a lot area of less than
40,000 square feet, the maximum permitted floor area shall be equal
to 20% of the lot area plus an area equal to 1% of the number of square
feet by which the lot area falls short of 40,000 square feet.
[Added 8-19-1996 by L.L. No. 1-1996]
The maximum permitted building area shall not
exceed 20% of the first 40,000 square feet of the lot area or part
thereof on a prorated basis, plus 7% of the lot area, if any, in excess
of 40,000 square feet.
[Added 8-15-1994 by L.L. No. 11-1994; amended 9-7-1994 by L.L. No. 13-1994; 8-19-1996 by L.L. No. 1-1996; 2-13-1997 by L.L. No.
1-1997; 6-20-2017 by L.L. No. 3-2017]
A.
The impervious coverage of any front yard may not exceed 35% of the
area of such front yard, and the total impervious coverage of all
front yards may not exceed 35% of the area of all of such front yards.
In the event that the impervious coverage of a front yard exceeds
25% of the area of such front yard, the 20 feet of impervious surface
closest to the edge of the paved portion of any roadway, public or
private, adjoining that front yard shall be comprised of Belgian block
or such other masonry block or pavers as may be approved from time
to time by the Architectural and Preliminary Site Review Board.
[Amended 11-20-2017 by L.L. No. 6-2017]
B.
The impervious coverage of any lot shall not exceed 55% of the area
of such lot.
[Added 8-19-1996 by L.L. No. 1-1996;
amended 5-22-1998 by L.L. No. 3-1998; 3-20-2006 by L.L. No.
1-2006; 5-21-2012 by L.L. No. 2-2012; 6-20-2017 by L.L. No. 3-2017]
A.
No building with a flat roof shall exceed 28 feet in height, except as provided in Subsection D hereof. A building with any type of roof other than a flat roof shall not exceed 30 feet in height. With respect to a building with a peaked roof, the dimension on the roof between where the building height is measured and the ridgeline shall not exceed an additional five feet. Flagpoles, finials, radio and television antennas (other than parabolic antennas) and chimneys, when affixed to a building, may extend not more than five feet above the roof of the building, but in no event more than 40 feet above the mean level of the ground at the foundation of the building. Notwithstanding the foregoing, radio or television antennas (other than parabolic antennas), when affixed to a chimney, may extend not more than three feet above the top of the chimney, but in no event more than 40 feet above the mean level of the ground at the foundation of the building.
[Amended 9-13-2021 by L.L. No. 18-2021]
B.
In addition, no facade of any dwelling shall have more than 2 1/2,
stories and no point on said dwelling shall exceed the following elevations:
(3)
For purposes of this section, all distances shall be measured
along the shortest horizontal line between the nearest lot line and
a vertical plane running through the point being measured, which plane
is parallel to such lot line, and grade shall be the mean final level
of the ground on that side of the dwelling which faces the lot line
to which the measurement is being made.
(4)
When, pursuant to the provisions of this chapter, a property
has two rear yards, the lot line for the rear yard that has the lesser
depth shall be considered a side lot line.
C.
On any lot having more than one front yard, with the approval of the Architectural and Preliminary Site Review Board, the respective required facade setbacks from the lot lines set forth in Subsection B of this section for all of the yards except one front yard may be calculated utilizing the setback from the lot line of Subsection B(1)(b) or B(2)(b), depending upon the zoning of the lot, instead of Subsection B(1)(a) or (c) or B(2)(a) or (c), in substance, treating such other front yards and the rear yards as side yards.
[Amended 11-20-2017 by L.L. No. 6-2017]
D.
Modifying height restrictions.
[Amended 11-20-2017 by L.L. No. 6-2017; 9-13-2021 by L.L. No. 18-2021]
(1)
The Architectural and Preliminary Site Review Board, in its sole discretion, has the authority to modify the height restrictions of Subsection A of this section to the extent set forth below, so long as the overall appearance of the proposed structure will continue to meet the standards for approval set forth in this chapter and would aesthetically enhance the community by such modification:
(2)
In the event that a modification is granted for the height of the
roof, the Board may modify the height restrictions with regard to
the chimneys for such dwelling to assure compliance with any minimum
clearance between the roof and the top of the chimney that may be
required by any New York State Building and Fire Code requirements
or other safety considerations, or to complement the style or enhance
the aesthetics of the proposed dwelling.
[Added 8-19-1996 by L.L. No. 1-1996]
No impervious coverage other than a driveway
shall be placed nearer than four feet to a side or rear lot line.
Any driveway or impervious coverage that is located in a side or rear
yard and within 20 feet of a side or rear lot line shall be effectively
screened from view from the adjacent lot by means of appropriate hedgerow
at least four feet high.
[Added 4-14-1953; amended 1-26-1966; 3-22-1972; 2-18-1975 by L.L. No. 1-1975; 6-17-1986 by L.L. No.
2-1986]
A.
A building or structure may be built, altered or used
and a plot or parcel of land may be used for a swimming pool, tennis
courts and/or marina by an association or not-for-profit corporation
when approved and permitted as a special exception by the Board of
Trustees, upon proper application therefor, and after a public hearing
on published notice, in accordance with the following provisions:
(1)
No less than 80% of the total authorized membership
of the association or the not-for-profit corporation must be residents
of the Village of Kings Point. All members of such association or
not-for-profit corporation who are not residents of the Village of
Kings Point shall be nevertheless residents of the Great Neck Peninsula.
(2)
The association or not-for-profit corporation shall
not be conducted for profit or gain.
(3)
The Board of Trustees of the Village shall determine
that the public health, morals, safety, comfort and general welfare
of the neighborhood will be secure and that such use will not be detrimental
to the general character of the neighborhood or to the orderly development
of the Village.
(4)
The site plans and detailed building plans of such
pool and any accessory building, showing the dimensions, design, elevations,
location and uses of all structures, drainage, sewerage and sanitary
facilities, parking areas, entrances, driveways, walks, screening,
planting and such other information, including the manner of operation
of such swimming pool, as may be required by the Board of Trustees,
have been submitted to and approved by said Board.
(5)
The permit shall contain such conditions, rules and
regulations governing the ownership, operation, maintenance and use
of such swimming pool and accessory structures and the land on which
the same are located as the Board of Trustees shall deem necessary
to promote the health, safety, morals and general welfare of the Village
and neighboring properties.
B.
Upon any violation of this section or of any rule or regulation prescribed by the Board of Trustees in the permit or otherwise or upon any use or development of the land for which a permit was issued hereunder at variance with the plans approved by the Board of Trustees in issuing said permit, any permit issued hereunder may be revoked and canceled by the Building Inspector of the Village forthwith. This remedy is in addition to the remedies and penalties prescribed in §§ 161-71 and 161-72 of this chapter.
A.
The lawful use of any land or structure ("structure"
as used herein and elsewhere within this chapter, unless otherwise
noted, includes all buildings, fences and other structures, as "structure"
is defined in this chapter) existing on the effective date of this
chapter, or any amendment thereto, or authorized by a building permit
issued prior thereto, if substantial construction has been achieved
in accordance with that permit, may be continued, but only to the
extent provided in this section.
B.
Any such preexisting lawful use of a structure may
be extended throughout the structure to the extent such extension
of the use would have been permitted prior to the change in zoning.
C.
Any such preexisting legal nonconforming structure
may not be altered or extended in any way which would exacerbate the
nonconformity, including, for example, but not limited to, increasing
the height of a structure at a location which invades a required setback
from a property line. As a further example, if one side yard is nonconforming,
an addition could be made in the opposite side yard, so long as the
minimum side yard requirement for the side where the addition is to
be added and the minimum aggregate side yard requirement, taking into
account the smallest dimension of the side yard on the nonconforming
side, are not being violated.
D.
A nonconforming use may be changed to a use of the
same or higher classification according to the provisions of this
chapter.
E.
Whenever a nonconforming use of a structure is changed
to a higher classification or to a conforming use, such new use shall
not thereafter be changed to a use of lower classification.
F.
If any nonconforming use of land or a structure is
substantially discontinued for a continuous period of one-year, then,
regardless of intent, at the end of such one year period, such previous
use shall be deemed abandoned and any future use of such land or structure
shall be in conformity with this chapter for the district in which
such land or structure is located.
G.
Whenever there is a subdivision of land, all nonconforming
uses and other structures, whether the nonconformity relates to the
size or location of a structure, its use, or the number of multiple
residences on one lot, or otherwise, shall be eliminated as a condition
of the subdivision. Any hardship or difficulty which may have existed
and served as the basis for continuing the nonconformity shall be
deemed to have substantially diminished and to have been compensated
for by the granting of the subdivision and the benefits which derive
therefrom to the owner.
H.
A legal preexisting building lot, which does not comply with the
area, frontage, width, and/or depth zoning requirements for a building
lot for a single-family detached dwelling in the zoning district in
which it is located, may be used as a legal nonconforming building
lot for a single-family dwelling. Nothing in this subsection shall
be deemed to permit any other deviations or variances from the zoning
requirements for the zoning district in which the lot is located without
a variance from the Board of Appeals.
[Added 2-10-2014 by L.L. No. 1-2014; amended 7-23-2024 by L.L. No. 7-2024]
I.
Tennis court lots.
[Added 2-8-2018 by L.L.
No. 1-2018]
(1)
Notwithstanding the provisions of Subsection G above, in the event that the Planning Board grants a subdivision of one lot that results in two lots and each of said two lots fully conforms to all of the zoning requirements of the Village, so that each lot could legally be developed without any variances from the Board of Appeals for the construction of a single-family dwelling, and that one of such new lots has upon it a legal tennis court that fully conforms to the requirements set forth in Article VI of this chapter, except to the extent variances from the Board of Appeals may have been granted (the "Tennis Court Lot"), which, as a result of the subdivision, is no longer accessory to a single-family dwelling on the same lot, that tennis court may remain, but only upon all of the following conditions:
(a)
The tennis court meets all of the requirements of Article VI, Private Tennis Courts, of this chapter, except to the extent variances from the Board of Appeals may have been granted, and except that:
(b)
The tennis court shall be set back 60 feet from all abutting
streets, public or private.
(c)
The Other Lot shall be improved with a legal single-family dwelling.
(d)
The use of the tennis court shall be limited to an accessory
use to the dwelling on the Other Lot.
(2)
At least one owner of not less than a 50% interest in the Tennis
Court Lot is a natural person and that natural person has, and at
all time thereafter, maintains an ownership interest of not less than
50% in the Other Lot.
(3)
In the event that on any date any of the foregoing conditions ceases
to exist, the tennis court shall be removed within 30 days from said
date.
[1]
Editor's Note: This local law also provided
that it shall not effect applications for subdivisions which have
received preliminary plat approval prior to April 1, 2001, from the
Planning Board of the Village of Kings Point and which have not lapsed,
expired or otherwise become of no force or effect, and so long as
such applications receive final plat approval from such Planning Board
prior to June 1, 2001.
[Added 9-15-1952]
A.
No single-family dwelling shall hereafter be erected
unless it complies with the following floor area requirements:
|
Minimum Floor Area
| ||
|---|---|---|
|
Name of District
|
Minimum Floor Area
(square feet)
| |
|
A2 Residence
|
1,800
| |
|
All other
|
1,500
| |
B.
For the purposes of this section, the floor area shall
be that area enclosed within the outside walls of the principal building,
excluding cellar, basement, attic, unenclosed porches terraces, garages
and rooms for heating and ventilating equipment, and not more than
20% of the floor area of the second or third floors may be used and
applied to the foregoing minimum floor area requirements. To qualify
as floor area for the purposes of this section, the second or third
floor shall have a finished ceiling height of at least seven feet
six inches in respect of so much of the floor area as shall be deemed
so qualified, and a full flooring shall be laid thereon, and further,
such floor area to so qualify shall have access from the floor below
by a permanent built-in stairway.
[Added 10-12-2006 by L.L. No. 6-2006; amended 11-23-2015 by L.L. No.
4-2015; 3-17-2022 by L.L. No. 3-2022]
A.
No curb
cut for a driveway shall exceed 20 feet.
B.
The driveway
apron and the width of the curb cut in a public street shall be determined
by the Superintendent of the Department of Public Works.
[1]
Editor's Note: Former § 161-34,
Street frontage, added 12-17-1958, was repealed 4-8-1997 by L.L. No.
4-1997.
[Added 11-29-2006 by L.L. No. 7-2006]
Except as provided in §§ 66-22D and 124-6 of the Village Code, the erection and maintenance of all signs and the lighting described below, within the Village, shall conform to the provisions of this section.
A.
DESIGN
FREE SPEECH SIGN
NONRESIDENTIAL SIGN
PERSON
RESIDENTIAL SIGN
SIGN
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Includes, but is not limited to, the lettering (font and
size), logos, symbols, colors, size, shape, material, height, location,
and lighting.
Residential sign which solely set forth constitutionally
protected free speech, including, but not limited to, political and
election signs.
Any sign that is not being used as an accessory to a legal
dwelling.
Any individual, firm, corporation, or other legal entity.
Any sign that is being used as an accessory to a legal dwelling.
Any outdoor billboard, poster, panel, bulletin, advertising
structure, advertising sign, or other advertising or attention attracting
device or display with letters, logos, and/or symbols.
B.
Permit for signs.
(1)
Notwithstanding anything to the contrary in
the Village Code, no nonresidential sign shall be erected, maintained,
displayed, altered, rebuilt, enlarged, extended, or relocated within
the Village without a conditional use permit from the Board of Trustees.
(a)
In determining whether or not to issue such
permit, the Board of Trustees may consider whether or not the sign,
by virtue of its design, will have an adverse impact upon nearby residential
properties or be distracting to motorists along nearby public roadways.
(b)
The Board of Trustees shall have the right to
grant such conditional permits for limited periods of time, to vary
any of the requirements set forth in this section in order to alleviate
any practical difficulty to the applicant in conforming to the requirements
set forth herein, and to revoke any such permit in the event that
any of the conditions upon which such permit was granted were violated.
(2)
No residential sign shall be erected, maintained,
displayed, altered, rebuilt, enlarged, extended, or relocated within
the Village without a permit from the Building Inspector.
C.
Application for permit.
(1)
Residential signs. A separate application for
a permit shall be made to the Building Inspector for each sign on
a form furnished by the Building Inspector. Each application shall
be accompanied by the written consent of the owner of the real property
upon which such sign is to be erected or maintained. The application
shall be in such form as shall be prepared by the Building Inspector
and shall include such documents as shall be required by the Building
Inspector, including, but not limited to, one color rendering of the
proposed sign, which shall be prepared to scale and shall show the
actual color of the proposed sign.
(2)
Nonresidential signs. A separate application
for a permit shall be made to the Board of Trustees for each nonresidential
sign on a form furnished by the Building Inspector. Each application
shall be accompanied by the written consent of the owner of the real
property upon which such sign is to be erected or maintained. The
application shall be in such form as shall be prepared by the Building
Inspector and shall include such documents as shall be required by
the Board of Trustees, including, but not limited to, eight color
renderings of the proposed sign, which shall be prepared to scale
and shall show the actual color of the proposed sign.
D.
Responsibility for removal of signs. All signs shall
be removed by the person erecting, owning, maintaining, or displaying
such sign or the owner of the premises within seven days from the
date of the expiration or revocation of the permit for such sign or
within seven days after the business for which the sign was approved
is no longer operating at the premises, whichever is the sooner to
occur.
E.
Ground signs; pole signs; tower signs.
(1)
The erection or maintenance of pole signs, ground
signs, or tower signs within the Village is hereby prohibited, except
as provided in this section.
(2)
All pole signs, ground signs, and tower signs
shall be set back at least 60 feet from all property lines, except
as otherwise provided in this section.
(3)
On residential property, the top of a pole sign,
ground sign, or tower sign shall not exceed three feet in height from
the immediately adjacent grade.
(4)
On nonresidential property, the top of a pole
sign, ground sign, or tower sign shall not exceed five feet in height
from the immediately adjacent grade.
F.
Signs exempt from fees and permits. The classes of signs which are exempt from fees and may be erected or maintained without a permit are described below. Such signs shall not be subject to the provisions of Subsections B through D, inclusive, of this section.
(1)
One sign displaying the street number and/or
name of the occupant of a legal dwelling, not exceeding two square
feet in area.
[Amended 7-27-2022 by L.L. No. 11-2022]
(2)
A notice or advertisement required by law in
any legal proceeding.
(3)
A sign or public safety notice by any federal,
state, or municipal government or agency or department thereof, or
other public authority.
(4)
A directional sign on the side wall of a building, where said side wall faces a driveway giving access to a parking area at the rear of the building, or any other directional sign as authorized by the Village's Architectural and Preliminary Site Review Board may be erected without application to the Board of Trustees or the Building Inspector for a permit. Directional signs mounted on poles, when approved by the Architectural and Preliminary Site Review Board, Board of Trustees, and/or Building Inspector, shall not be bound by the provisions of Subsection E; however, signs, including the poles upon which they are located, shall not exceed eight feet in height without the express approval of said Board or Inspector.
[Amended 11-20-2017 by L.L. No. 6-2017]
(5)
Traditional holiday lights and signs that are
maintained for limited periods of time during holiday seasons.
G.
Prohibited signs and lighting.
(1)
Any sign that is not expressly permitted in
this section is prohibited.
(2)
No signs, except directional and warning signs
erected by or with the approval of the Building Inspector or Superintendent
of Public Works, are permitted on the right-of-way of any public highway.
(3)
No signs with artificial lighting sources or
reflectors connected to or used therewith are permitted.
(4)
No right-angle or projecting signs extending
over the public right-of-way are permitted.
(5)
No commercial signs, including, but not limited
to, "for sale" and "for rent" signs, are permitted on any residential
property.
(6)
No signs that consist of a painted surface utilizing
fluorescent or Day-Glo colors are permitted.
(7)
No revolving signs are permitted.
(8)
No signs that are lighted with blinking, intermittent
flashing, strobe, or animated illumination are permitted. Such prohibition
shall not pertain to traditional holiday lights that are maintained
for limited periods of time during holiday seasons, so long as, in
the discretion of the Building Inspector, subject, on appeal, to review
by the Board of Trustees, such illumination does not create an unreasonable
disturbance to neighboring property owners.
(9)
Other than temporary lights for holiday seasons,
no lights that outline any part of a building such as a window, door,
gable, roof, sidewalk, or corner are permitted.
(10)
No illuminated signs which have exposed bulbs
or light tubing (such as, but not limited to, neon or other chemical
lights), wherein the light source itself is shaped and utilized to
form the sign, a name, a logo, or a design, are permitted.
(11)
No signs which seek to advertise businesses,
activities, products, or services that are not conducted or sold on
the property where such signs are located or which are not expressly
permitted by other subsections of this section are permitted.
H.
Temporary signs and lights. No signs or lights relating
to an event of limited duration may be erected more than 30 days before
the commencement of such event, and such signs and lights must be
removed no later than two weeks after the conclusion of such event.
I.
Free speech signs.
(1)
No fee shall be required for a free speech sign.
(2)
Free speech signs shall be permitted to the
greater of four square feet or the same size as nonresidential signs
for the zoning district within which such property is located, whichever
is larger.
(3)
Not more than three free speech signs may be
maintained on any one premises at any one time.
(4)
Free speech signs shall have a setback of at
least 30 feet from all property lines or the required setback, if
any, for nonresidential signs for the zoning district within which
such property is located, whichever is less.
(5)
No free speech sign relating to an event of
limited duration may be erected more than 60 days before the commencement
of such event, and such sign must be removed no later than 30 days
after the conclusion of such event.
(6)
Applications for free speech signs shall be
processed on an expedited basis and in no event more than two weeks
from the date that a complete application is received.
(7)
The sole basis for denying a free speech sign
application shall be public safety. In the event of such denial, the
Building Inspector shall set forth the specific safety reasons for
which the permit was denied.
(8)
Upon the denial of a free speech permit, the
applicant may either appeal to the Board of Trustees or commence a
court action or proceeding to challenge said denial, at the option
of the applicant. In the event that an appeal is taken to the Board
of Trustees, such appeal shall be heard no later than the next regular
monthly meeting of the Board of Trustees to be held not less than
two business days after the filing of the appeal.
[Added 10-9-1975 by L.L. No. 4-1975]
A.
General.
[Amended 6-21-1994 by L.L. No. 10-1994]
(1)
Unless otherwise expressly provided for in this Code,
all fences within the Village of Kings Point shall conform to the
requirements of this section.
(2)
FENCE
OPEN FENCE
HEIGHT OF A FENCE OR A PILLAR
The following terms shall, for the purposes of this
section, have the meanings herein indicated:
Includes gates and walls of all types and materials, including
a wire or wires and other line or lines strung between poles and/or
trees, except retaining walls.
[Amended 10-24-2002 by L.L. No. 5-2002]
A fence, the elements of which are uniformly arranged to
occupy not more than 20% of the vertical plane of the fence, providing
substantially an open view through the vertical plane of all sections
of the fence.
The vertical dimension thereof measured from the highest
point to the existing grade at the base thereof.
(3)
Fences are accessory structures and shall be located
on the same lot or premises as the principal use or building to which
they are accessory. Fences shall be constructed with the finished
side, if any, facing the adjoining property or street.
(4)
It shall be unlawful for any person to erect, construct
or alter any fence within the Village of Kings Point until an application
for such fence shall have been submitted to and approved by the Building
Inspector and a written permit issued therefor by him pursuant to
the provisions of the New York State Fire Prevention and Building
Construction Code. It shall be unlawful for any owner or occupant
of a lot or premises within the Village of Kings Point to permit a
fence or any portion thereof to remain on such lot or premises for
more than six months from and after the date on which the permit for
said fence was issued by the Building Inspector unless a certificate
of completion for said fence shall have been issued by the Building
Inspector. The Building Inspector shall not issue a certificate of
completion unless he shall first receive from the applicant a survey
from a surveyor licensed to practice in the State of New York locating
the fence on the lot and indicating the height of the fence.
B.
Maintenance.
[Amended 5-13-2021 by L.L. No. 12-2021]
C.
Fences and pillars in front yards shall be limited
to the following:
[Amended 6-21-1994 by L.L. No. 10-1994; 2-19-1998 by L.L. No. 1-1998; 10-12-2006 by L.L. No. 6-2006; 1-14-2016 by L.L. No. 1-2016]
(1)
Post
and rail-type fences consisting of not more than three horizontal
rails may rise to a maximum height of four feet.
(2)
Driveway pillars, the horizontal area of which does not exceed 6 1/4
square feet and the height of which does not exceed six feet and which
consist solely of masonry materials, including within said six-foot
height all light fixtures, planters, and other decorative elements.
[Amended 6-20-2017 by L.L. No. 3-2017]
(3)
Driveway
gates and wrought-iron-type open fences shall be permitted, provided
that they comply with the following conditions:
(a)
Fences shall not exceed four feet in height.
(b)
Driveway gates shall not exceed six feet in height.
(c)
Driveway gates shall not be greater in width than the width of the
driveway at the property line. Notwithstanding the foregoing, in the
event that the driveway is wider than 14 feet at the property line,
the driveway gates may not exceed 14 feet without the prior approval
of the Architectural and Preliminary Site Review Board.
[Amended 11-20-2017 by L.L. No. 6-2017]
(d)
All fences and gates shall be black in color unless otherwise approved
by the Architectural and Preliminary Site Review Board in order to
conform to the architecture, materials, and/or color of the dwelling
on, or proposed for, the subject premises.
[Amended 11-20-2017 by L.L. No. 6-2017]
(4)
Masonry walls, as may be approved by the Architectural and Preliminary
Site Review Board, as to material and color, not exceeding 36 inches
in height, including within said thirty-six-inch height all light
fixtures, planters, and other decorative elements, if any. Such masonry
walls may include masonry piers, the horizontal area of which does
not exceed 6 1/4 square feet and the height of which does not
exceed six feet, including within said six-foot height all light fixtures,
planters, and other decorative elements. There shall be not less than
20 feet between any such piers.
[Added 6-20-2017 by L.L.
No. 3-2017; amended 11-20-2017 by L.L. No. 6-2017]
D.
Fences in side and rear yards shall be limited to
the following:
[Amended 6-21-1994 by L.L. No. 10-1994]
(1)
Open fences, not exceeding four feet in height, may
be located within four feet of a property line. No fencing of any
other type shall be located within four feet of a property line.
(2)
At a distance of four feet or more from a property
line, fences of all types shall be permitted, provided that they comply
with the following conditions:
(a)
The height of the fence shall not exceed six feet unless governed by the provisions of § 161-40 of this Code concerning tennis courts.
(b)
Open fences in excess of four feet and other
types of fences, of any height, must be completely screened from the
adjoining properties and streets by a living screen of coniferous
trees having a height of not less than six feet. Said screening shall
be so placed and maintained that it obscures the view of said fence
from adjoining properties and streets.
(3)
The Building Inspector shall not issue a certificate
of completion of a solid fence of any height or an open fence in excess
of four feet in height which is located within 15 feet of a property
line unless such property line is properly marked by monuments set
by a land surveyor licensed by the State of New York.
E.
Fences on vacant or other property. Notwithstanding
the fact that fences are generally deemed accessory structures, fences
may be erected on any property, whether or not there is a principal
structure or principal use on the property, at any location other
than along the shoreline. All such fences shall be post-and-rail-type
fences consisting of not more than three horizontal rails, unless
otherwise approved by the Architectural and Preliminary Site Review
Board, and shall not exceed four feet in height. No wire or other
material, other than live vegetation, shall be affixed to such fences.
[Added 12-14-1999 by L.L. No. 6-1999[1]; amended 3-17-2016 by L.L. No. 2-2016; 11-20-2017 by L.L. No. 6-2017]
F.
Fences along the shoreline.
(1)
On bulkheaded lots, no fence may be erected between
the bulkhead and the water.
(2)
On lots with a natural shoreline bank, the fence may
not be erected between the top of the bank and the water.
(3)
In no event shall a fence be erected on any portion
of a waterfront lot having an elevation of less than eight inches.
H.
Whenever construction, demolition, excavation, or other activities
or passive events occur that, in the opinion of the Building Inspector,
create an unsafe condition requiring the protection of individuals
who might be endangered by such activities or occurrences, the Building
Inspector is authorized to require a fence meeting the following requirements:
[Added 4-9-2018 by L.L.
No. 6-2018]
(1)
The fence shall be composed of metal chain link, similar to the requirements
for swimming pool fences, or such other material as may be approved
by the Building Inspector.
(2)
The fence shall be installed in such a manner and in such locations
are approved by the Building Inspector to assure that it is safe and
stable and, while maintaining the required safety, to the extent reasonable,
limiting the adverse impact upon the adjacent neighbors and the public
at large.
(3)
The fence shall be six feet in height.
(4)
The fence shall have opaque mesh material fastened to the inside
or such other material, as approved by the Building Inspector, that
substantially shields the view of the public to the area being protected
by the fence.
(5)
The fence and mesh material shall be maintained in good condition
at all times that the fence is required by the Building Inspector,
and the fence and/or the mesh material shall be repaired or replaced
if, in the opinion of the Building Inspector, either or both are no
longer in good condition.
(6)
There shall be no commercial advertising, signs, or other writing,
symbols, pictures, or other material on the mesh or the fence.
(7)
The fence shall be continuous around the entire area from which individuals
might be endangered, unless otherwise approved by the Building Inspector.
(8)
The fence shall have at least one gate.
(9)
All gates shall be closed at all times except when vehicles or individuals
are actively passing through them.
(10)
The fence shall be securely locked at all times when no one
authorized by the owner to be present on the site is present on the
site. If requested by the Building Inspector, a key to the lock shall
be provided to the Building Department.
(11)
The fence shall be installed on the subject property only, and
shall not be installed on any public or private right-of-way without
the express authorization of the owner and the permission of the Building
Inspector, or in any manner that might otherwise unreasonably interfere
with any easements of other rights of way of record without the permission
of the Building Inspector.
(12)
The fence shall be temporary and shall be removed immediately
upon completion of the construction, demolition, excavation, and/or
other activities, or such other unsafe condition has been rendered
safe, or as otherwise directed by the Building Inspector.
[Added 6-17-1986 by L.L. No. 2-1986]
A.
RETAINING WALL
(1)
(2)
(3)
As used in this section, the following terms shall
have the meanings indicated:
Any wall in the Village of Kings Point in excess
of 18 inches in height constructed or erected for the purpose of retaining
or supporting adjoining earth or rock shall be deemed a "retaining
wall."
When the difference between the grades on either
side of a wall in the Village of Kings Point exceeds 18 inches, it
shall be presumed that such wall is retaining or supporting the earth
or rock on the higher grade, and such wall shall be deemed a "retaining
wall."
A compilation of stones, minerals, or similar materials in excess
of four feet in height.
[Added 7-27-2023 by L.L. No. 9-2023]
B.
Building permit required.
(1)
It shall be unlawful for any person to erect, construct
or alter any retaining wall within the Village of Kings Point until
an application for such retaining wall shall have been submitted to
and approved by the Building Inspector and a written permit for such
retaining wall has been issued.
(2)
It shall be unlawful for any owner or occupant of
a lot or premises within the Village of Kings Point to permit a retaining
wall to remain on such lot or premises for more than six months from
and after the date on which the permit for said retaining wall was
issued by the Building Inspector unless a certificate of completion
for said retaining wall shall have been issued by the Building Inspector.
The Building Inspector shall not issue a certificate of completion
for any retaining wall unless he shall first receive from the applicant
a survey from an engineer or surveyor licensed to practice in the
State of New York, locating the retaining wall on the lot or premises
and indicating the height of the retaining wall.
C.
Construction. All retaining walls shall be constructed
of approved masonry, reinforced concrete or timber in accordance with
plans approved by the Building Inspector.
D.
Maximum height.
[Amended 3-17-2022 by L.L. No. 3-2022[1]]
(1)
No retaining wall shall exceed four feet in height.
(2)
When there is more than one retaining wall within
35 feet of a property line, no other retaining wall or fence within
that thirty-five-foot distance shall have a top elevation greater
than eight feet above the elevation of the bottom of the lowest retaining
wall.
[Amended 7-27-2023 by L.L. No. 9-2023]
[1]
Editor's Note: This local law also stated that it shall not
effect retaining walls for which building permits have been issued
prior to the local law taking effect.
E.
Location.
[Amended 3-17-2022 by L.L. No. 3-2022]
(1)
No retaining wall shall be located within six feet
of a property line.
(2)
When a retaining wall is being used to increase an existing grade elevation, it shall be located no less than 10 feet from a property line and shall be subject to the approval of the Planning Board in accordance with Chapter 100 of this Code.
(3)
No retaining wall shall be located within four feet of another retaining
wall. The distance shall be measured in between walls.
F.
Drainage. All of the surface and subsurface drainage
water from such retaining walls shall be collected and disposed of
on the owner's lot or premises in accord with a plan of a drainage
water collection and disposal system approved by the Building Inspector.
G.
Maintenance. The owner and the occupant shall at all
times maintain both such retaining wall and such drainage water collection
and disposal system in accordance with the approved plans therefor.
H.
Waivers. Upon application to the Architectural and Preliminary Site Review Board or the Planning Board, either board may waive the height and location restrictions imposed in Subsections D and E of this section, and permit:
[Added 6-20-2017 by L.L.
No. 3-2017; amended 11-20-2017 by L.L. No. 6-2017; 3-17-2022 by L.L. No. 3-2022]
(1)
A retaining wall in excess of four feet in height, but not in excess
of six feet in height, when the exposed face of the retaining wall
that is in excess of four feet in height is facing away from the closest
property line and the view of the retaining wall will not adversely
impact the adjacent neighbors or the public from a public street;
and, if such a waiver is granted pursuant to this subsection.
(2)
A combined height of all retaining walls and fences within 35 feet
of a property line in excess of eight feet, but not in excess of 10
feet above the elevation of the bottom of the lowest retaining wall,
so long as the view of the retaining walls will not adversely impact
the adjacent neighbors or the public from a public street.
[Amended 7-27-2023 by L.L. No. 9-2023]
[Added 11-26-2012 by L.L. No. 7-2012]
A.
APPLICABLE LAW
LANDMARK BUILDING
PRINCIPAL DWELLING
QUALIFYING PARCEL
QUALIFYING TENANT
Definitions. As used in this section, the following terms shall have
the following meanings:
As defined in § 84-1 of this Code.
A building designated by the Village as a landmark pursuant to Chapter 102 of this Code.
The single-family detached dwelling that existed on a qualifying
parcel when the landmark building was designated as a landmark.
A lot or parcel of property within the Village comprising
not less than 6 1/2 acres upon which a principal single-family
dwelling was in existence when one or more separate and distinct buildings
on that parcel were designated as landmark buildings. In the event
that at any time such qualifying parcel is subdivided or otherwise
reduced in size so that it no longer comprises not less than 6 1/2
acres, the parcel shall no longer be deemed a qualifying parcel, and
any use of a landmark building as a single-family dwelling in addition
to the principal dwelling shall immediately cease and desist.
A person who is not paying, directly or indirectly, rent
for the use of the landmark building and is either:
B.
Notwithstanding anything to the contrary in this section, not more
than two landmark buildings on a qualifying parcel may be used as
single-family detached dwellings by a qualifying tenant, in addition
to the principal dwelling.
C.
In no event shall any qualifying parcel have more than three single-family
dwellings.
D.
The landmark buildings to be utilized as single-family dwellings
must comply with applicable law.
E.
The landmark buildings do not have to comply with any of the setback
or height requirements set forth in this chapter.
F.
Nothing herein shall prevent the owner of the qualifying parcel from
maintaining, repairing, or replacing (with a totally different dwelling)
the principal dwelling without losing the right to maintain not more
than two landmark buildings as separate and distinct single-family
detached dwellings.
[Added 3-17-2021 by L.L.
No. 7-2021]
A.
A legal accessory structure that conforms to all of the then-existing
zoning requirements may be retained if the main building to which
it is subordinate is demolished upon the conditions that:
B.
A legal preexisting nonconforming accessory tennis court or swimming
pool that does not conform to all of the then-existing zoning requirements
may be retained if the main building to which it is subordinate is
demolished upon the conditions that:
[Added 4-14-2021 by L.L.
No. 8-2021]
A.
All game courts shall have surfaces of acrylic emulsions, or such
other material as may be approved by the Building Inspector of the
Village, upon such documentation as may be reasonably required by
the Building Inspector, and produced by the applicant, which shows
to the reasonable satisfaction of the Building Inspector, that such
material will similarly decrease the noise from the bouncing of balls.
All such surfaces shall be free of lead, mercury, asbestos, formaldehyde,
and any other hazardous material, as defined by the New York State
Department of Environmental Conservation or the United States Environmental
Protection Agency. No game courts shall have surfaces of concrete
or asphalt.
B.
Notwithstanding any of the setback requirements in this chapter,
no game court shall be located in a front yard or closer than 20 feet
to any side or rear property line.
C.
All game courts shall be completely screened from adjoining properties
by a living screen of coniferous trees. Said trees shall be of a height,
when planted, of not less than six feet and shall be planted five
feet on centers, and not more than 10 feet away from the game court,
on all sides of the court. The Building Inspector may waive the requirement
for some of the required screening when, and to the extent, in his
or her reasonable opinion, the principal building on the premises
is in a position to provide a portion of such screening. Said coniferous
screening shall consist of Canadian hemlock or an alternate growth
of nondeciduous stock, as approved by the Building Inspector, and
shall be maintained and/or replaced, as necessary or when otherwise
reasonably required by the Building Inspector, so long as the game
court remains in existence.
D.
The height of the playing surface of the game court shall not be
above the existing level of the ground immediately surrounding the
game court area prior to construction of the game court, except to
permit usual surface drainage.
E.
No game court shall be so constructed or maintained so as to permit
any drainage water to flow onto adjoining properties.
F.
The use of a game court is prohibited at all times except between
8:00 a.m. and sunset on weekdays, excluding holidays, and except between
9:00 a.m. and sunset on Saturdays, Sundays, and holidays.
G.
The surface of all game courts shall be green, with either white,
black, or green lines for marking the relevant play areas of the court,
or such other colors as may be approved by the Architectural Review
Board of the Village.
H.
No game court shall be used for the playing of hockey or any other
game in which a puck or other hard object is hit or otherwise caused
to be sent in a manner in which it can travel onto or across an adjoining
property, public or private, unless such game court is fenced and
screened as herein provided:
(1)
Such fence shall be comprised of black mesh netting supported
by black galvanized steel poles.
(2)
The size of the mesh shall be too small for the puck or other
object being played with on the game court to pass through.
(3)
Such fence shall meet the following specifications:
(a)
The netting shall be knotless 3.5mm polypropylene high tenacity
impact/barrier mesh.
(b)
The fence shall have both top and bottom poles of black galvanized
steel tubing, with not less than a two-inch outside dimension.
(c)
The fence shall have vertical poles, not further than 10 feet
apart, of black galvanized steel tubing, with not less than a two-inch
outside dimension.
(d)
The vertical poles shall be set in concrete, in accordance with
a plan for the entire fence approved by the Building Inspector, to
assure conformity with this section and structural integrity.
(e)
Notwithstanding any limitations in this chapter to the contrary,
such fence shall be 10 feet in height measured along the vertical
distance from the top of the proposed fence to the level of the nearest
portion of such game court.
(f)
Such fence shall be immediately adjacent to such game court
and shall completely surround the game court except, at the option
of the owner of the premises, at such locations facing directly upon
the principal dwelling on the lot, so long as, in the opinion of the
Building Inspector, the lack of a fence at such location will not
reasonably result in a puck or other hard object being caused to be
sent from such game court onto or across an adjoining property.
(g)
The entrance through the fence to the game court shall be at
a location that, in the opinion of the Building Inspector, will not
reasonably result in a puck or other hard object being caused to be
sent through such entrance onto or across an adjoining property; even
if such entrance has a gate, since such gate may not always be closed.
(h)
The Village Architectural Review Board shall review all such
fences after they have been erected to determine whether they should
be screened in whole or in part from adjacent properties, public and
private. In the event that the Architectural Review Board shall require
any screening, such screening shall be planted in such manner and
within such time period as shall be determined by the Architectural
Review Board.
(i)
Such fence and any plantings that may be required shall be properly
maintained, repaired, and replaced, as may be appropriate, in the
determination of the Building Inspector.
[Added 5-13-2021 by L.L. No. 9-2021]
A.
Notwithstanding
any of the setback requirements in this chapter, no playground equipment
shall be located in a front yard or closer than 20 feet to any side
or rear property line.
B.
All
playground equipment shall be completely screened from adjoining properties
by a living screen of coniferous trees. Said trees shall be of a height,
when planted, of not less than six feet and shall be planted five
feet on centers, and not more than 10 feet away from the playground
equipment, on all sides of the equipment. The Building Inspector may
waive the requirement for some of the required screening when, and
to the extent, in his or her reasonable opinion, the principal building
on the premises is in a position to provide a portion of such screening.
Said coniferous screening shall consist of Canadian hemlock or an
alternate growth of nondeciduous stock, as approved by the Building
Inspector, and shall be maintained and/or replaced, as necessary,
or when otherwise reasonably required by the Building Inspector, so
long as the playground equipment remains in existence.
C.
No playground
equipment shall exceed 12 feet in height.
D.
No playground
equipment shall be attached to or supported by any trees.
E.
If there
is more than one playground equipment area, no playground equipment
area shall be more than 15 feet from at least one other playground
equipment area.
F.
The
total of all playground equipment areas shall not exceed 500 square
feet.
[Added 9-13-2021 by L.L. No. 18-2021]
Notwithstanding any other provision of this code, the development
of a lot for a singlefamily dwelling shall be permitted so long as
it has street frontage of not less than 40 feet and a continuous lot
width from the street of not less than 40 feet to a point at which
the lot would widen to the extent that, excluding the former described
narrower width, the lot meets all of the required lot width, lot depth,
and lot area requirements to construct a single-family dwelling in
that zoning district, except that in an A2 Residence District, the
lot does not have to have a lot depth greater than 150 feet for the
first 150 feet of lot width.
[Added 4-3-2023 by L.L. No. 2-2023]
A.
Attics
in dwellings may only be used for the installation, maintenance, repair,
and replacement of the heating, ventilation, and air-conditioning
equipment being used seasonally for the heating, ventilation, and/or
air conditioning of the dwelling.
B.
Access
to and from an attic may only be through the floor of the attic.
C.
Attics
shall not be finished and shall remain unfinished.
D.
The
limitations contained in the foregoing provisions of this section
shall not apply to attics for which building permits were issued on
or before April 3, 2023, or to amendments to those permits if those
amendments did not include changes to an attic that would be violated
by the provisions of this section.
