Article V Provisions Applicable to All Districts

No building and no part of a building shall be erected within or shall project into the front or rear yards except:

Projections of terraces.

Projections of not more than 24 inches of open balconies and chimneys.

Projections of not more than five feet of roof overhangs, soffit overhangs, eaves, trellises, gutters, steps, one-story porches and one-story bay windows.

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. The Architectural and Preliminary Site Review Board, in its sole discretion, has the authority to modify or waive the rear yard restriction of this section, on parcels with multiple front yards, allowing an accessory building to be located in a front yard, so long as a ten-foot minimum distance between the accessory building and the farthest projecting facade of the main building is provided.

No building and no part of a building shall be erected within or shall project into the side yard except:

Projections of not more than 24 inches of open balconies, terraces, and chimneys.

Projections of not more than five feet of roof overhangs, soffit overhangs, eaves, trellises, gutters, steps, one-story porches and one-story bay windows.

With the approval of the Village Architectural and Preliminary Site Approval Board, a trellis, gazebo, or pergola may be erected in whole or in part in a side yard on the following conditions:

It shall be not less than 10 feet from the closest portion of the main building.

It shall comply with the side and rear yard setbacks required by § 161-24(A)(6) of this chapter.

Projections into shoreline yards.

No main building and no part of a main building shall be erected within or shall project into the shoreline yard except:

Projections of not more than 24 inches of open balconies and chimneys.

Projections of not more than five feet of roof overhangs, soffit overhangs, gutters, steps, one-story porches and one-story bay windows.

Terraces.

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.

Mechanical equipment.

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.

Mechanical equipment shall be allowed in any yard so long as:

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;

It is located with its longest dimension parallel to the principal building;

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

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.

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:

It shall not be located in a front yard.

It shall not be located within six feet of any property line.

It shall not exceed three feet in height when fully extended.

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.

§ 161-24 Accessory buildings.

[Added 9-17-1975 by L.L. No. 3-1975]

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]

The building area of an accessory building shall not exceed 600 square feet.

The total building area of all accessory buildings shall not exceed 1,000 square feet.

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]

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]

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.

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.

§ 161-30.3 Maximum impervious coverage of land.

No accessory building shall be designed or used for housekeeping or sleeping.

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]

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]

§ 161-25 Visual obstructions.

[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.

§ 161-26 Setbacks for flagpoles.

[Added 11-16-1955]

A flagpole or mast shall not be nearer to any street line than a distance equal to its height.

§ 161-27 Lighting.

[Added 11-16-1955; amended 3-29-1999 by L.L. No. 2-1999]

No floodlights or searchlights shall be erected or used in any manner that will cause hazard or annoyance to the public generally or to the occupants of neighboring property.

No lights shall be erected in excess of 35 feet in height.

§ 161-28 Sprinkler systems.

[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.

§ 161-29 Clothes-drying areas.

[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.

§ 161-30 Reduction of lot area.

No lot area shall be so reduced that the dimensions of any of the open spaces shall be smaller than herein prescribed.

§ 161-30.1 Maximum floor area.

[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:

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.

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.

For purposes of this section, the terms "floor area" and "maximum floor area" shall be as defined in § 161-3 of this Code.

§ 161-30.2 Maximum building area.

[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]

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]

The impervious coverage of any lot shall not exceed 55% of the area of such lot.

§ 161-30.4 Height limitations.

[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]

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]

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:

In the A2 Residence District, one foot above grade for each:

Two and one-half feet of distance from the front lot line.

One and one-third feet of distance from any side lot line.

Except as provided in Subsection B(4) of this section, 2 1/4 feet of distance from a rear lot line.

In the A Residence District, one foot above grade for each:

One and two-thirds feet of distance from the front lot line.

One foot of distance from any side lot line.

Except as provided in Subsection B(4) of this section, 2 1/4 feet of distance from a rear lot line.

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.

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.

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]

Modifying height restrictions.

[Amended 11-20-2017 by L.L. No. 6-2017; 9-13-2021 by L.L. No. 18-2021]

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:

With regard to finials and other decorative elements;

With regard to a roof, other than a flat roof, so long as the peak of such roof shall not exceed 40 feet;

With regard to a flat roof, up 30 feet, so long as not more than 60% of the roof does not exceed 28 feet.

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.

§ 161-30.5 Landscaping and screening.

[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.

§ 161-31 Recreational uses.

[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 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:

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.

The association or not-for-profit corporation shall not be conducted for profit or gain.

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.

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.

§ 161-32 Nonconforming uses, land and structures.

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.

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.

[Amended 9-9-1931; 9-15-1952; 5-21-2001 by L.L. No. 2-2001[1]]

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.

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.

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.

A nonconforming use may be changed to a use of the same or higher classification according to the provisions of this chapter.

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.

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.

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.

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]

Tennis court lots.

[Added 2-8-2018 by L.L. No. 1-2018]

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:

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:

The tennis court shall not have to be accessory to an existing one-family dwelling located on the same lot; and

[2]

The tennis court shall not have to be set back 20 feet from the other lot from which the Tennis Court Lot was subdivided (the "Other Lot").

The tennis court shall be set back 60 feet from all abutting streets, public or private.

The Other Lot shall be improved with a legal single-family dwelling.

The use of the tennis court shall be limited to an accessory use to the dwelling on the Other Lot.

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.

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.

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.

§ 161-33 Minimum floor area.

[Added 9-15-1952]

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

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.

§ 161-34 Driveways. [1]

[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]

No curb cut for a driveway shall exceed 20 feet.

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.

Waivers. Upon application to the Architectural and Preliminary Site Review Board, the Board may waive the twenty-foot maximum width imposed in Subsection A of this section to provide additional room for driver visibility and safety, but in no event shall the curb cut exceed 22 feet.

Editor's Note: Former § 161-34, Street frontage, added 12-17-1958, was repealed 4-8-1997 by L.L. No. 4-1997.

§ 161-34.1 Signs and certain lighting.

[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.

Definitions. As used in this section, the following terms shall have the meanings indicated:

DESIGN

Includes, but is not limited to, the lettering (font and size), logos, symbols, colors, size, shape, material, height, location, and lighting.

FREE SPEECH SIGN

Residential sign which solely set forth constitutionally protected free speech, including, but not limited to, political and election signs.

NONRESIDENTIAL SIGN

Any sign that is not being used as an accessory to a legal dwelling.

PERSON

Any individual, firm, corporation, or other legal entity.

RESIDENTIAL SIGN

Any sign that is being used as an accessory to a legal dwelling.

SIGN

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.

Permit for signs.

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.

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.

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.

No residential sign shall be erected, maintained, displayed, altered, rebuilt, enlarged, extended, or relocated within the Village without a permit from the Building Inspector.

Application for permit.

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.

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.

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.

Ground signs; pole signs; tower signs.

The erection or maintenance of pole signs, ground signs, or tower signs within the Village is hereby prohibited, except as provided in this section.

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.

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.

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.

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.

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]

A notice or advertisement required by law in any legal proceeding.

A sign or public safety notice by any federal, state, or municipal government or agency or department thereof, or other public authority.

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]

Traditional holiday lights and signs that are maintained for limited periods of time during holiday seasons.

Prohibited signs and lighting.

Any sign that is not expressly permitted in this section is prohibited.

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.

No signs with artificial lighting sources or reflectors connected to or used therewith are permitted.

No right-angle or projecting signs extending over the public right-of-way are permitted.

No commercial signs, including, but not limited to, "for sale" and "for rent" signs, are permitted on any residential property.

No signs that consist of a painted surface utilizing fluorescent or Day-Glo colors are permitted.

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.

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.

Free speech signs.

No fee shall be required for a free speech sign.

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.

Not more than three free speech signs may be maintained on any one premises at any one time.

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.

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.

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.

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.

§ 161-35 Fences.

[Added 10-9-1975 by L.L. No. 4-1975; amended 6-21-1994 by L.L. No. 10-1994; 2-19-1998 by L.L. No. 1-1998; 12-14-1999 by L.L. No. 6-1999; 10-24-2002 by L.L. No. 5-2002; 10-12-2006 by L.L. No. 6-2006; 1-14-2016 by L.L. No. 1-2016; 3-17-2016 by L.L. No. 2-2016; 6-20-2017 by L.L. No. 3-2017; 11-20-2017 by L.L. No. 6-2017; 4-9-2018 by L.L. No. 6-2018; 5-13-2021 by L.L. No. 12-2021; 2-26-2025 by L.L. No. 3-2025; 9-16-2025 by L.L. No. 21-2025]

General.

Unless otherwise expressly provided for in this Code, all fences within the Village of Kings Point shall conform to the requirements of this section.

HEIGHT OF A FENCE OR A PILLAR

The following terms shall, for the purposes of this section, have the meanings herein indicated:

FENCE

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.

OPEN FENCE

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.

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.

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.

Maintenance.

All fences shall be maintained in a sound structural condition and in good repair.

Fences, including legal nonconforming fences, may be replaced in kind within one year after they are removed without obtaining a variance or building permit.

Fences and pillars in front yards shall be limited to the following:

Post and rail-type fences consisting of not more than three horizontal rails may rise to a maximum height of four feet.

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.

Driveway gates and wrought-iron-type open fences shall be permitted, provided that they comply with the following conditions:

Fences shall not exceed four feet in height.

Driveway gates shall not exceed six feet in height.

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.

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.

The following fences and walls as may be approved by the Architectural and Preliminary Site Review Board as to design, material, and color:

Open fences not exceeding 48 inches in height. An open fence, for the purposes of this section, shall be defined as a fence having not less than a 40% open vertical space.

Masonry walls, on the following conditions:

The masonry wall may not exceed 36 inches in height.

[2]

The masonry wall may have light fixtures, planters, and other decorative elements so long as the masonry wall with such fixtures, planters, and/or other decorative elements does not exceed 48 inches in height.

[3]

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.

[4]

A fence may be erected on top of a masonry wall so long as the masonry wall with such fence does not exceed 48 inches in height.

[5]

Any fence erected on top of or otherwise in combination with a masonry wall shall be an open fence.

Fences in side and rear yards shall be limited to the following:

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.

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:

The height of the fence shall not exceed six feet unless governed by the provisions of § 161-40 of this Code concerning tennis courts.

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.

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.

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.

Fences along the shoreline.

On bulkheaded lots, no fence may be erected between the bulkhead and the water.

On lots with a natural shoreline bank, the fence may not be erected between the top of the bank and the water.

In no event shall a fence be erected on any portion of a waterfront lot having an elevation of less than eight inches.

The following fences and fencing materials are prohibited:

Barbed, razor or ribbon wire.

Electrically charged.

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:

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.

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.

The fence shall be six feet in height.

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.

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.

There shall be no commercial advertising, signs, or other writing, symbols, pictures, or other material on the mesh or the fence.

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.

Notwithstanding the foregoing limitation on the height of front yard fences and fences within four feet of a property line and gates, waivers permitting fence and gate heights in excess of four feet in height may be given, in the discretion of the Architectural and Preliminary Site Review Board, up to 54 inches in height, and, in the discretion of the Board of Trustees, up to 66 inches in height.

§ 161-36 Retaining walls.

[Added 6-17-1986 by L.L. No. 2-1986]

As used in this section, the following terms shall have the meanings indicated:

RETAINING WALL

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]

Building permit required.

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.

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.

Construction. All retaining walls shall be constructed of approved masonry, reinforced concrete or timber in accordance with plans approved by the Building Inspector.

Maximum height.

[Amended 3-17-2022 by L.L. No. 3-2022[1]]

No retaining wall shall exceed four feet in height.

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]

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.

Location.

[Amended 3-17-2022 by L.L. No. 3-2022]

No retaining wall shall be located within six feet of a property line.

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.

No retaining wall shall be located within four feet of another retaining wall. The distance shall be measured in between walls.

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.

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.

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]

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.

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]

No retaining wall may be constructed that would change the grade in violation of § 100-2 of this Code.

[Added 7-27-2023 by L.L. No. 9-2023]

§ 161-36.1 Landmark buildings.

[Added 11-26-2012 by L.L. No. 7-2012]

Definitions. As used in this section, the following terms shall have the following meanings:

APPLICABLE LAW

As defined in § 84-1 of this Code.

LANDMARK BUILDING

A building designated by the Village as a landmark pursuant to Chapter 102 of this Code.

PRINCIPAL DWELLING

The single-family detached dwelling that existed on a qualifying parcel when the landmark building was designated as a landmark.

QUALIFYING PARCEL

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.

QUALIFYING TENANT

A person who is not paying, directly or indirectly, rent for the use of the landmark building and is either:

Related by blood or marriage to a resident of the principal dwelling; or

§ 161-36.2 Retention of accessory structures.

An employee of the resident of the principal dwelling whose place of employment is at the qualifying parcel (which would include a chauffeur), and such person's family.

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.

In no event shall any qualifying parcel have more than three single-family dwellings.

The landmark buildings to be utilized as single-family dwellings must comply with applicable law.

The landmark buildings do not have to comply with any of the setback or height requirements set forth in this chapter.

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 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:

A building permit is issued within one year after said demolition for a new main building to which it will be legally subordinate; and

Such building permit is maintained in full force and affect until the new main building is substantially constructed.

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:

A building permit is issued within one year after said demolition for a new main building to which it will be legally subordinate; and

Such building permit is maintained in full force and affect until the new main building is substantially constructed.

§ 161-36.3 Regulation of game courts.

[Added 4-14-2021 by L.L. No. 8-2021]

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.

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.

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.

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.

No game court shall be so constructed or maintained so as to permit any drainage water to flow onto adjoining properties.

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.

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.

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:

Such fence shall be comprised of black mesh netting supported by black galvanized steel poles.

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.

Such fence shall meet the following specifications:

The netting shall be knotless 3.5mm polypropylene high tenacity impact/barrier mesh.

The fence shall have both top and bottom poles of black galvanized steel tubing, with not less than a two-inch outside dimension.

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.