Village of Kings Point, NY A2 Residence Districts

Nonprofit elementary or secondary schools having a curriculum approved by the New York State Education Department or New York State Board of Regents and houses of worship and facilities customarily operated in connection therewith, 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 and in accordance with the provisions set forth. As used in this subsection, the term "elementary school" shall include grades prekindergarten through eighth and the term "secondary school" shall include grades ninth through 12th.

[Amended 10-17-1968; 10-23-1984 by L.L. No. 4-1984; 6-17-1986 by L.L. No. 2-1986; 8-1-1989 by L.L. No. 13-1989]

(1)

The application shall show and be accompanied by appropriate documents and plans sufficient to indicate the size, location and use of all buildings, facilities and open areas, including the provisions to be made for screening, traffic flow, fencing, parking and lighting.

(2)

The Board of Trustees shall approve said application subject to the restrictions set forth below and upon a finding that the proposed plan and improvements will not endanger the public health, safety and general welfare, will provide adequate and sufficient setbacks, screening, fencing, off-street parking, safe traffic flow and adequate and sufficient safeguards to protect and secure the use and enjoyment of neighboring properties and the general area in which the subject premises are located, without unreasonable interference.

(3)

Said restrictions are as follows:

(a)

The lot shall not be less than five acres in area, provided that in the case of an elementary school, the lot shall contain a usable area of not less than five acres, plus one acre for each 100 students or fraction thereof enrolled in excess of 200, and in the case of a secondary school, the lot shall contain a usable area of not less than 10 acres, plus one acre for each 100 pupils enrolled. For purposes of this subsection, the term "usable area" is defined to exclude tidal and freshwater wetlands and their adjacent areas, floodplains, slopes equal to or greater than 20% or any other topographic features which the Board of Trustees may find to be hazardous in view of the intended use of the lot.

(b)

The front yard setback shall not be less than 100 feet.

(c)

The side yard setback shall not be less than 75 feet.

(d)

The rear yard setback shall not be less than 75 feet.

(e)

Except for access driveways, the existing topography vegetation within 50 feet of the outer perimeter of all required yards shall be maintained and supplemented as deemed necessary by the Board of Trustees to provide an effective screening buffer for adjoining properties and streets.

(f)

No areas, such as playgrounds, intended for activities that customarily generate high levels of noise shall be located in any required yard.

(g)

On-premises parking shall be provided as follows:

[1]

Elementary schools: one parking space for each staff person and one parking space for every 20 pupils or fraction thereof.

[2]

Secondary schools: one parking space for each staff person, one parking space for every 20 pupils (or fraction thereof) in the ninth and 10th grades and one parking space for every 10 pupils (or fraction thereof) in the 11th and 12th grades.

[3]

All other uses permitted under this subsection: one parking space for every two persons who can be legally accommodated at the premises.

(h)

An adequate on-premises loading and unloading area for buses shall be provided on school sites.

(i)

All buildings shall comply with the height and percentage of lot coverage restrictions generally applicable to buildings in this district.

(4)

The conditions and requirements imposed shall in all cases include limitations on the number of persons who may safely occupy the premises and any part or parts thereof at one time, ways and means of reducing noise and disturbance in the neighborhood, including limitation of hours and days during which social or nonreligious and/or noneducation functions may be conducted, and use of such structural materials and procedures and implements, equipment and appliances as shall be necessary or appropriate to safeguard against fire, health and safety hazards and panic and shall prescribe the height, location and type of fencing.

(5)

The Board of Trustees, in approving said application, may impose such additional conditions and restrictions as it deems proper in the particular circumstances to assure the safeguards hereinabove described.

(6)

Every application for a special exception use shall be submitted in writing on a form provided by the Village and shall be accompanied by an application fee as established from time to time by resolution of the Board of Trustees.[1]

[Added 6-21-1994 by L.L. No. 9-1994; amended 11-27-2007 by L.L. No. 8-2007]

[1]

Editor's Note: See Ch. A162, Fees.

Greenhouses.

[Amended 9-25-2003 by L.L. No. 11-2003]

Accessory uses on the same lot with and customarily incidental to any of the above-permitted uses, including a private garage.

A gatehouse on a private road that serves a private community of not less than 75 acres in gross area, 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 and in accordance with the provisions set forth.

[Added 12-8-2014 by L.L. No. 6-2014]

(1)

The application shall show and be accompanied by appropriate documents and plans sufficient to indicate the size and location of the gatehouse, gates, stacking area, turnaround lanes, and include the provisions to be made for traffic stacking and flow, emergency ingress, screening, and lighting.

(2)

The Board of Trustees shall approve said application subject to the restrictions set forth below and upon a finding that the proposed plan will provide adequate and sufficient traffic stacking and flow, emergency ingress, screening, and lighting, and such other sufficient safeguards as it deems appropriate, so as not to endanger the public health, safety, and general welfare.

(3)

Said restrictions are as follows:

(a)

The gatehouse shall be on a private road that serves a private community of not less than 75 acres in gross area.

(b)

The gatehouse shall not exceed:

[1]

A height of 19 feet.

[2]

A building area of 160 square feet.

(c)

The setback from the public road shall be not less than 170 feet.

(d)

There shall be not less than two lanes of access.

(e)

(Reserved)[2]

[2]

Editor's Note: Former Subsection E(3)(e), which required a turnaround area behind the gatehouse, was repealed 1-25-2021 by L.L. No. 2-2021.

(f)

The limitations in § 161-35 with regard to driveway gates shall not apply to gates in conjunction with gatehouses approved by the Board of Trustees pursuant to this Subsection E.

(g)

There shall be devices and procedures to provide immediate access by emergency vehicles, police, and employees and officers of the Village to bypass stacked traffic and pass by or through the entrance gates so that they may expeditiously perform their duties.

(h)

There shall be compliance with all grading, sanitation, drainage, and other land development requirements of the Village for buildings.

(i)

The building, landscaping, and lighting shall be subject to the review and approval of the Village's Architectural and Preliminary Site Review Board.

[Amended 11-20-2017 by L.L. No. 6-2017]

(4)

The Board of Trustees, in approving said application, may impose such additional conditions and restrictions as it deems appropriate in the particular circumstances to assure the safeguards hereinabove described.

§ 161-9 (Reserved) [1]

[1]

Editor's Note: Former § 161-9, Building area, was repealed 8-19-1996 by L.L. No. 1-1996.

§ 161-10 Yards.

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

All front yards shall have a minimum depth of at least 60 feet. In addition, for each 125.0 square feet of floor area in excess of 8,000 square feet, the aforesaid minimum depth of the front yard shall be increased by one foot.

[Amended 8-19-1996 by L.L. No. 1-1996]

In the case of a single-family dwelling, all side yards shall have a width of at least 28 feet, and, if there are two side yards, the aggregate width of such side yards shall be at least 65 feet.

[Amended 10-25-1995 by L.L. No. 2-1995]

In the case of a lot with one rear yard, the rear yard shall have a depth of at least 40 feet. In the case of a lot with two rear yards, one rear yard shall have a depth of at least 40 feet and the other rear yard shall have a depth of at least 28 feet.

§ 161-11 Density.

[Amended 6-20-1989 by L.L. No. 11-1989]

Unless it is subject to the provisions of § 161-8B of this article, each lot shall meet or exceed the following minimum requirements:

Lot area: 40,000 square feet.

Frontage on a public street or on a street shown on a subdivision map approved by the Planning Board of the Village of Kings Point: 150 feet on one street for interior lots and 175 feet on each street for corner lots.

Lot width: 150 feet for the first 200 feet of lot depth for an interior lot and 175 feet for a distance of 175 feet from each street for a corner lot.

§ 161-12 Commercial vehicle storage.

[Added 6-18-1985 by L.L. No. 1-1985]

Except as may be expressly authorized by the Board of Trustees upon the grant of a special exception permit pursuant to § 161-8B of this article, the use of a lot or premises in the A2 Residence District for the parking or storage of a commercial vehicle is prohibited. As used in this section, the term "commercial vehicle" shall include every type of motor vehicle used for commercial purposes on the highways, such as the transportation of goods, wares and merchandise and a motor coach carrying passengers, and every type of motor vehicle which bears commercial registration plates.

§ 161-13 (Reserved) [1]

[1]

Editor's Note: Former § 161-13, Signs, added 6-18-1985 by L.L. No. 2-1985, was repealed 11-29-2006 by L.L. No. 7-2006. See now § 161-34.1, Signs and certain lighting.