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:
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
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]
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]
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]
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]
The aggregate of the maximum horizontal cross-sections of
the areas of all principal and accessory buildings on a lot, but excluding:
[Amended 8-19-1996 by L.L. No. 1-1996; 1-3-2019 by L.L. No. 2-2019]
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]
The distance from the street line of the lot to its opposite
rear line.
[Added 6-20-1989 by L.L. No. 11-1989]
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]
Persons occupying a dwelling unit and living together as
a family unit. It shall be presumptive evidence that more than four
persons living in a single dwelling unit who are not related by blood,
marriage, domestic partnership, or legal adoption do not constitute
a family unit.
[Added 3-22-1978 by L.L. No. 1-1978;
amended 9-20-2022 by L.L. No. 20-2022]
In determining whether individuals are living together as a
family unit, the following criteria must be present:
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family.
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses.
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in a local school;
Members of the household having the same address for the purposes
of voter registration, driver's license, motor vehicle registration
and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
Common ownership of the furniture and appliances among the members
of the household; and
The group is not transient or temporary in nature.
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
A fraternity or sorority will not be considered the functional
equivalent of a family.
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]
In particular, "floor area" shall include:
[Amended 6-20-2017 by L.L. No. 3-2017]
Basement space, irrespective of its use.
Floor space of each story above the basement and below the attic,
irrespective of its use. The floor space in excess of 400 square feet
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; 3-17-2022 by L.L. No. 3-2022[1]; 10-13-2022 by L.L. No. 24-2022]
Floor space of interior balconies or lofts.
Floor space of roofed terraces, exterior balconies or porches.
However, the "floor area" of a building shall not include:
[Amended 6-20-2017 by L.L. No. 3-2017]
Any cellar space or space occupied by open exterior wooden decks
or on-grade masonry terraces.
Roof decks over structural space that is already included as
floor area.
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.
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.
Roof overhangs, eaves, and soffits within five feet of the building
to which they are attached.
The first 250 square feet of a trellis that is attached to a
building.
The first 500 square feet of the total of all accessory buildings.
The first 1,000 square feet of the total of all raised masonry
terraces.
The first 250 square feet of the total of all greenhouses.
[Added 5-13-2021 by L.L. No. 12-2021]
The first 200 square feet of roof overhangs of a dwelling that
extend more than five feet from the dwelling to which they are attached,
if approved by the Architectural and Preliminary Site Review Board
as a purely architectural detail.
[Added 10-13-2022 by L.L. No. 24-2022]
Attics, whether or not floor has been laid.
[Added 3-17-2022 by L.L. No. 3-2022[2]
Attic space with structural height of seven feet or more shall
be included as floor area.
Notwithstanding the structural height, attic space at approximately
the same level as habitable space shall be included in floor area.
Notwithstanding Subsection C(1) and (2), a maximum of 500 square feet of attic space with a structural height of less than seven feet above a garage shall not be included as floor area. In the event that there is more than one garage attached to a single-family dwelling, the 500-square foot exclusion shall apply to all of the garages, not to each garage.
Attic space occurring within a roof assembly that does not exceed
seven feet from the roof's highest point to the roof's lowest point
or eave shall not be included as floor area.
[Added 8-23-2022 by L.L. No. 14-2022]
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]
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]
Any outdoor surface, feature, or element, whether pervious,
impervious, a combination thereof, or otherwise, in excess of 100
square feet, in the aggregate, including formed ice, other than grass
or other landscaping, which is designed or used, or is intended or
susceptible of use, for the playing of basketball, hockey, pickleball,
or any other game or games, sport or sports, or hobbies. This definition
shall not include tennis courts, swimming pools, or driveways.
[Added 4-14-2021 by L.L.
No. 8-2021]
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]
An accessory structure with walls and roof made of no less
than 80% transparent material, such as glass, for the purpose of growing
plants requiring regulated climatic conditions.
[Added 5-13-2021 by L.L. No. 12-2021]
[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]
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.
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.
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]
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:
Any area located below the mean high-water lines
of Long Island Sound and the bays;
Any area within a street, road, path or right-of-way
which affords a means of access from the lot to a street;
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
Any area located in a tidal or freshwater wetland
as determined by the Department of Environmental Conservation of the
State of New York.
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]
The total floor area permitted on a lot.
[Added 8-19-1996 by L.L. No. 1-1996]
A building, not a private garage, one story in height, used
for the storage of automobiles and not used for making repairs thereto.
A building, not a single-family dwelling or a two-family
dwelling, designed for and occupied exclusively for dwelling purposes.
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]
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]
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]
Any kind of structure or apparatus on which a person may
engage in activities such as playing, climbing, swinging, hanging,
sliding, crawling, jumping, or stepping, whether in, over, across,
under, through, or upon, for enjoyment or exercise. Playground equipment
shall include, but not be limited to, playhouses, swings, slides,
climbing apparatus, tree houses, jungle gyms, trampolines, monkey
bars, seesaws, teeter-totters, and skateboard ramps. This definition
shall not include game courts, tennis courts, swimming pools, or driveways.
[Added 5-13-2021 by L.L. No. 9-2021]
The land which is occupied by any piece of playground equipment
measured to the outermost horizontal extensions of the equipment.
[Added 5-13-2021 by L.L. No. 9-2021]
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.
A building, other than a private or a minor garage, one or
more stories in height, used for the storage or repair of automobiles.
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]
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]
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]
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]
[Added 12-14-1999 by L.L. No. 7-1999; amended 9-13-2021 by L.L. No. 18-2021]
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:
Notwithstanding the foregoing, in no event shall the setback
be greater than the shoreline setback of an existing single-family
dwelling on the same lot.
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]
A building designed for and occupied exclusively as a home
or residence for not more than one family.
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]
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]
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]
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]
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]
A building designed for and occupied exclusively as a home
or residence for two families.
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: This local law also stated that it shall not
effect buildings which have been approved by the Architectural and
Preliminary Site Review Board prior to the local law taking effect.
[2]
Editor's Note: This local law also redesignated former Subsection
C as Subsection D.
[3]
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.
