[Amended 12-19-1928; 9-9-1931]
[1]
Editor's Note: Former Art. II-B, Residence
A1 Districts, added 4-14-1937, as amended, which immediately preceded
this article, was repealed 6-17-1986 by L.L. No. 2-1986.
In an A Residence District, the following regulations
shall apply.
[Amended 7-1-1929; 10-23-1950]
A building may be erected, altered or used and
a lot or premises may be used for any of the following purposes and
for no other:
A.
One single-family detached dwelling.
[Amended 6-20-1989 by L.L. No. 11-1989]
B.
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; 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)
N 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.
C.
Greenhouses.
[Amended 9-25-2003 by L.L. No. 11-2003]
D.
Accessory use on the same lot with and customarily
incidental to any of the above-permitted uses, including a private
garage.
[Added 10-28-1996 by L.L. No. 2-1996]
Notwithstanding the provisions of L.L. No. 1-1996 of the Village of Kings Point, a lot in a Residence A2 District or in a Residence A District of the Village of Kings Point may be developed with a single-family detached dwelling in accordance with the zoning provisions of Chapter 161 of the Code of the Village of Kings Point as they existed on August 18, 1996, (the day next preceding the date of adoption of L.L. No. 1-1996), provided that:
A.
The Building Department certifies, in writing, that
an application for a permit to construct a single-family detached
dwelling on said lot had been filed with the Building Department prior
to August 19, 1996, and that said application had not been rejected
or denied.
B.
A certificate of occupancy is issued for the dwelling
prior to August 19, 1998.
[1]
Editor's Note: Former § 161-16,
Building area, was repealed 8-19-1996 by L.L. No. 1-1996.
[Amended 7-1-1929; 6-17-1986 by L.L. No. 2-1986]
A.
All front yards shall have a depth of at least 40
feet.
B.
In the case of a single-family dwelling, all side
yards shall have a width of at least 25 feet, and, if there are two
side yards, the aggregate width of such side yards shall be at least
55 feet.
[Amended 10-25-1995 by L.L. No. 2-1995]
C.
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 25
feet.
[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:
A.
Lot area: 20,000 square feet.
B.
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: 100 feet for interior lots and 130 feet on each street
for corner lots.
C.
Lot width for an interior lot: 100 feet for the first
150 feet of lot depth.
[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 § 161-15B of this article, the use of a lot or premises in the A 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.
