Village of Kings Point, NY
Nassau County
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Table of Contents
Table of Contents
This chapter shall be known and may be cited as the "Village of Kings Point Building Zone Ordinance."
[Added 5-21-2001 by L.L. No. 2-2001[1]]
A. 
This chapter has been enacted and, from time to time amended, pursuant to the provisions of Article 7 of the Village Law, for the purpose of promoting the health, safety, morals and the general welfare of the Village of Kings Point.
B. 
The Village, created in 1924, has served since that time as a tranquil, healthy, spacious, clean and bucolic residential community, predominantly comprised of single-family homes and parklands. The Village has attempted to keep its environment free of disturbing noises and traffic in an attempt to provide families the privilege of quiet and open spaces for play and relaxation enjoyed by those in more favored locations. It is believed that such an atmosphere provides spiritual as well as physical, aesthetic and monetary value; a quiet place where yards are wide, people are few and motor vehicles move slowly; a place where family values, youth values and the blessings of quiet seclusion and clean air make the area a sanctuary for people. Important parts of that bucolic atmosphere are the narrow, curving streets which add to the ambience of the community, starkly contrasted with the cookie-cutter type of developments in other communities and the minimal use of sidewalks and street lamps, which allow the residents to enjoy the view of grassed and landscaped front yards to flowing to the street during the day and the dark star-lit skies at night.
C. 
The Village is aware of the fact that, as the zoning regulations set forth in this chapter develop and change, certain properties, uses and structures will become nonconforming. In an effort to maintain and improve the ambiance of the Village, to the extent feasible, the Village seeks the discontinuance of all such nonconformities, whether the nonconformity relates to the size of a lot, the size or location of a structure, its use or the number of multiple residences on one lot, in order to bring the Village in closer harmony with the Master Plan of the Village, as best described by the Village's Building Zoning Ordinance. As part of that process, whenever there is a subdivision of land, it is the Village's desire that any such nonconforming structure on the property to be subdivided 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 would seem to have substantially diminished, or at least been compensated for, by the granting of the subdivision and the benefits which derive therefrom to the owner.
[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.
[Amended 6-17-1986 by L.L. No. 2-1986]
Words used in the singular number include the plural and vice versa.
Unless otherwise expressly stated, the following words shall, for the purposes of this chapter, have the meanings herein indicated:
ACCESSORY BUILDING
A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.
ATTIC
A portion of a building that is immediately underneath the bottom of the roof rafters and above the top of the ceiling joists of the story below, that lies between the roof eaves and the highest point of a peaked roof, or between the roof’s highest point and the top of the ceiling joists of the story directly below the roof if the roof is not peaked. On a building with a peaked roof, any spaces that fall below the eaves shall not be considered attic space. On a building with a roof that is not peaked, any spaces that fall below the top of the ceiling joists of the highest story shall not be considered attic space. In no event shall the overall height dimension of such attic space exceed 10 feet in height between the eaves and highest point of a peaked roof, except as permitted by § 161-30.4C.
[Added 5-7-2007 by L.L. No. 3-2007]
BALCONY
A projecting platform on a building that is either supported from below or cantilevered, and enclosed by a railing or balustrade. Flat rooftops that are not readily accessible are not balconies.
[Added 5-7-2007 by L.L. No. 3-2007]
BASEMENT
A story or portion of a story partly below, but with at least 1/2 of its structural headroom height above, the mean level of the ground along the perimeter of the structure.
[Added 8-19-1996 by L.L. No. 1-1996]
BUILDING
A combination of materials to form a construction that is safe and stable and adapted to permanent or continuous occupancy for public, institutional, residence, business or storage purposes; the term "building" shall be construed as if followed by the words "or part thereof."
[Added 6-17-1986 by L.L. No. 2-1986]
BUILDING AREA
The aggregate of the maximum horizontal cross-sections of the areas of all principal and accessory buildings on a lot, but excluding cornices, eaves, gutters or chimneys projecting not more than 24 inches, steps, one-story open porches, bay windows not extending through more than one story and not projecting more than five feet, balconies, decks and terraces.
[Amended 8-19-1996 by L.L. No. 1-1996]
CELLAR
A space with more than 1/2 of its structural headroom height below the mean final level of the ground along the perimeter of the structure.
[Added 8-19-1996 by L.L. No. 1-1996]
DEPTH OF INTERIOR LOT
The distance from the street line of the lot to its opposite rear line.
[Added 6-20-1989 by L.L. No. 11-1989]
EAVES
The lower edge of a sloping roof that projects beyond the supporting wall or upright upon which it rests.
[Added 5-7-2007 by L.L. No. 3-2007]
FAMILY
One or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons, but not exceeding two, living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage shall be deemed to constitute a "family."
[Added 3-22-1978 by L.L. No. 1-1978]
FLOOR AREA
The sum of the gross areas of the several floors of the principal and all accessory buildings on a lot, measured from the exterior faces of exterior walls.
[Added 8-19-1996 by L.L. No. 1-1996]
A. 
In particular, "floor area" shall include:
[Amended 6-20-2017 by L.L. No. 3-2017]
(1) 
Basement space, irrespective of its use.
(2) 
Floor space of each story above the basement and below the attic, irrespective of its use, and that portion of the area of any attic space, whether or not floor has been laid, with collar ties set at a height of 7 1/2 feet or more. The floor space of any area with a structural headroom of 15 feet or more shall be counted twice.
[Amended 10-15-2018 by L.L. No. 11-2018]
(3) 
Floor space of interior balconies or lofts.
(4) 
Floor space of roofed terraces, exterior balconies or porches.
B. 
However, the "floor area" of a building shall not include:
[Amended 6-20-2017 by L.L. No. 3-2017]
(1) 
Any cellar space or space occupied by open exterior wooden decks or on-grade masonry terraces.
(2) 
Roof decks over structural space that is already included as floor area.
(3) 
The first 250 square feet of a balcony, not exceeding 500 square feet for all balconies. Such exclusion shall not apply to balconies that are fewer than 10 feet apart in a horizontal plane, and the area below such excluded portions of balconies. For balconies within 10 feet of each other, the total exclusion for all such balconies shall not exceed 250 feet.
(4) 
The areas directly below any balcony or portion of a balcony excluded as floor area pursuant to Subsection B(3) above, except to the extent all or any part of such areas would be deemed floor area for other reasons.
(5) 
Roof overhangs, eaves, and soffits within five feet of the building to which they are attached.
(6) 
The first 250 square feet of a trellis that is attached to a building.
(7) 
The first 500 square feet of the total of all accessory buildings.
(8) 
The first 1,000 square feet of the total of all raised masonry terraces.
C. 
When, in the sole discretion of the Architectural and Preliminary Site Review Board, it is found appropriate to encourage the use of stone as a diverse exterior finish because of the greater depth of stone than other exterior finishes, all, or such portion as may be determined by the Architectural and Preliminary Site Review Board, of a stone exterior finish shall not be included as floor area.
[Added 2-10-2014 by L.L. No. 3-2014; amended 11-20-2017 by L.L. No. 6-2017]
FRONT YARD
An open, unoccupied space extending across the full width of the lot and lying between all abutting streets, public or private, and the line or lines of the main building in closest proximity to such streets, measured between the side property lines. In the event that a property does not abut on a street, public or private, the right-of-way, easement or other strip of land providing for the principal access to the property shall be deemed a street for the purpose of determining the "front yard."
[Amended 7-17-1956; 6-17-1986 by L.L. No. 2-1986]
GAZEBO
A freestanding structure with not less than 90% of each of its sides open. All proposed gazebos shall be subject to the approval of the Architectural and Preliminary Site Review Board, which shall have the authority to permit variations from the requirements set forth herein. Gazebos shall be treated as accessory buildings.
[Added 6-20-2017 by L.L. No. 3-2017; amended 11-20-2017 by L.L. No. 6-2017]
[Amended 8-26-1987 by L.L. No. 9-1987; 8-19-1996 by L.L. No. 1-1996; 2-8-2018 by L.L. No. 4-2018]
A. 
For all single-family dwellings: the vertical distance between the mean final level of the ground along the perimeter of the building and the mean level between the eaves and the highest point of a peaked roof, or the highest point of the roof if the roof is any other type.
B. 
For all other buildings: the vertical distance between the mean final level of the ground along the perimeter of the building and the highest point of the roof.
IMPERVIOUS COVERAGE
All buildings, as defined herein, as well as all areas on the ground or elevated above the ground which are comprised of materials through which water cannot flow, such as asphalt, concrete, masonry, or wood. The term "impervious surface" includes artificial or natural materials or structures, such as pavement, roads, sidewalks, driveways, parking lots, and rooftops that are covered by impenetrable materials such as asphalt, concrete, brick, or stone, and soil or other materials which are highly compacted. A surface composed in part of impenetrable material is considered to be impervious, whether or not rainfall, snowfall, or water can infiltrate through such surface. One tennis court per lot shall be excluded from the calculation of impervious coverage.
[Added 6-20-2017 by L.L. No. 3-2017]
LOT AREA
The area of a lot on which a building and its accessories are located or to be located. In determining compliance with the minimum lot area requirements within any given zoning district in the Village, the following areas shall be excluded from the computation:
[Amended 5-19-1954; 3-27-1963; 4-12-1983 by L.L. No. 8-1983[1]]
A. 
Any area located below the mean high-water lines of Long Island Sound and the bays;
B. 
Any area within a street, road, path or right-of-way which affords a means of access from the lot to a street;
C. 
Any area having a width of less than 100 feet in the A2 Residence Districts or less than 75 feet in the A Residence Districts; and
D. 
Any area located in a tidal or freshwater wetland as determined by the Department of Environmental Conservation of the State of New York.
MAIN BUILDING
The building in which the permitted use on the premises will principally be taking place. For example, on a single-family residential lot, the main building is the single-family dwelling.
[Added 12-14-1999 by L.L. No. 7-1999]
MAXIMUM FLOOR AREA
The total floor area permitted on a lot.
[Added 8-19-1996 by L.L. No. 1-1996]
MINOR GARAGE
A building, not a private garage, one story in height, used for the storage of automobiles and not used for making repairs thereto.
MULTIPLE DWELLING
A building, not a single-family dwelling or a two-family dwelling, designed for and occupied exclusively for dwelling purposes.
ON-GRADE MASONRY TERRACE
An outdoor, level, masonry paved surface whose height is raised not more than four inches above the adjacent surrounding earth, which such earth is of sufficient dimensions and composition to permanently sustain healthy living flora. If an on-grade masonry terrace is greater than 1,000 square feet and is partially attached to a building or structure, 80% of its total perimeter length shall be surrounded by such earth.
[Added 5-7-2007 by L.L. No. 3-2007; amended 6-20-2017 by L.L. No. 3-2017]
PEAKED ROOF
A type of roof, or portion thereof, where the sides of the roof meet at a ridgeline and where the pitch of the sides meet or exceed four feet vertically for every 12 feet horizontally.
[Added 8-19-1996 by L.L. No. 1-1996]
PERGOLA
A freestanding structure with each of its sides that is not less than 90% open of lattice material with a regular pattern that is not less than 50% open. All proposed pergolas shall be subject to the approval of the Architectural and Preliminary Site Review Board, which shall have the authority to permit variations from the requirements set forth herein. Pergolas shall be treated as accessory buildings.
[Added 6-20-2017 by L.L. No. 3-2017; amended 11-20-2017 by L.L. No. 6-2017]
PRIVATE GARAGE
A building used for the storage of one or more automobiles owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot and for the storage of not exceeding two additional automobiles (not trucks) owned or used by others for a similar purpose if they are stored in the same room in which the automobile or automobiles of the owner or tenant are stored.
PUBLIC GARAGE
A building, other than a private or a minor garage, one or more stories in height, used for the storage or repair of automobiles.
RAISED MASONRY TERRACE
An outdoor, level, masonry paved surface whose height is raised more than four inches above the adjacent surrounding surface. If a raised masonry terrace is greater than 1,000 square feet and is partially attached to a building or structure, 80% of its total perimeter length shall be surrounded by earth of sufficient dimensions and composition to permanently sustain healthy living flora.
[Added 5-7-2007 by L.L. No. 3-2007; amended 6-20-2017 by L.L. No. 3-2017]
REAR YARD
An open, unoccupied space extending across the full width of the lot and lying between all of the property lines opposite all abutting streets, as streets are defined in this section, and the line or lines of the main building in closest proximity to such property lines measured between the side property lines, which such space is not a front yard as defined in this section.
[Amended 7-17-1956; 6-17-1986 by L.L. No. 2-1986]
ROOF
The external upper cover of a building, including the roofing and all other material and construction, such as supporting members, necessary to carry and maintain it on the walls or uprights.
[Added 5-7-2007 by L.L. No. 3-2007]
SHORELINE
The line of mean high water along Little Neck Bay, the Long Island Sound and Manhasset Bay.
[Added 12-14-1999 by L.L. No. 7-1999]
SHORELINE YARD
An open, unoccupied space extending across the full width of the lot above the mean-high-water line, measured from and parallel to all abutting shorelines, the greater of the following distances:
[Added 12-14-1999 by L.L. No. 7-1999]
A. 
Sixty feet; or
B. 
The average setback from the shoreline of the main buildings on the adjacent lots which abut the shoreline, within a distance of 200 feet.
SIDE YARD
An open, unoccupied space extending between the side property line or lines and the line or lines of the main building, which such space is not a front yard or a rear yard as defined in this section.
[Amended 7-17-1956; 6-17-1986 by L.L. No. 2-1986]
SINGLE-FAMILY DWELLING
A building designed for and occupied exclusively as a home or residence for not more than one family.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the surface of the floor and the top of the ceiling beams next above it. Cellars and basements shall not be counted as stories.
[Added 8-19-1996 by L.L. No. 1-1996]
STORY, HALF
A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.
[Added 8-19-1996 by L.L. No. 1-1996]
STRUCTURAL HEADROOM
The clear vertical space between essential structural load-bearing members designed and constructed to function as a whole in supporting and transmitting applied structural frame loads safely to the ground. Dropped soffits, ceilings, overhangs, and beams that are independently removable from the roof, floor, and wall assemblies without altering structural load paths of the rest of the building from being transmitted safely to the ground shall not be deemed to be essential structural load-bearing members.
[Added 5-7-2007 by L.L. No. 3-2007; amended 10-15-2018 by L.L. No. 11-2018]
STRUCTURE
Any construction or any production or piece of work artificially built up or composed of parts joined together in some definite manner.
[Added 6-17-1986 by L.L. No. 2-1986]
TRELLIS
A structure with each of its sides and its roof either not less than 90% open or of lattice material with a regular pattern that is not less than 50% open, or a combination of both. All proposed trellises shall be subject to the approval of the Architectural and Preliminary Site Review Board, which shall have the authority to permit variations from the requirements set forth herein. If the trellis is attached to a building, it shall be treated as part of that building and the side or sides attached to the building shall not be required to be open. If the trellis is a freestanding structure, it shall be treated as an accessory building.
[Added 6-20-2017 by L.L. No. 3-2017; amended 11-20-2017 by L.L. No. 6-2017]
TWO-FAMILY DWELLING
A building designed for and occupied exclusively as a home or residence for two families.
WIDTH OF INTERIOR LOT
The distance between side lines measured at right angles to the depth.
[Added 6-20-1989 by L.L. No. 11-1989]
[1]
Editor's Note: Section 2 of this local law provided that, for a period of two years after the effective date of this local law, every lot shown on a subdivision map filed with and not disapproved by the Planning Board prior to 3-8-1983 shall comply with the minimum lot area requirements which were in force immediately prior to the effective date of this local law.