Kensington City Zoning Code
ARTICLE IIIA
Special Office District
§ 151-13.1 Regulations.
In a Special Office District, the following regulations shall apply:
A.
Establishment. The Special Office District shall consist of four parcels of real property designated on the Nassau County Land and Tax Map as Section 2, Block 350, Lots 1 to 4, inclusive.
D.
Uses to be conducted indoors. Unless specifically provided to the contrary, all uses conducted in the Special Office District are to be conducted within fully enclosed buildings or structures.
E.
Performance standards. No land, building or structure may be used or occupied in any manner so as to create dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazardous conditions; noise or vibrations; smoke, dust, odor or other form of air pollution; electrical or other disturbances; glare or heat; liquid or solid refuse or waste; conditions conducive to the breeding of rodents or insects; or other dangerous or objectionable elements in any amount or manner as to adversely affect the surrounding area.
F.
Size of lot. No building or structure shall be constructed on a lot containing an area of less than 30,000 square feet.
G.
Building area. In the case of any building erected, altered or used for business purposes, the total coverage for buildings and structures shall not exceed 50% of the lot area, except that the total coverage for a building that consists of one floor may not exceed 60% of the lot area.
[Amended 2-14-1996 by L.L. No. 1-1996]
J.
Rear yard.
(1)
There shall be a rear yard, the depth of which shall not be less than 15 feet.
[Amended 2-14-1996 by L.L. No. 1-1996]
(2)
On a corner lot, the two yards opposite the two front yards shall each be considered rear yards, the depth of which shall not be less than 15 feet.
[Amended 5-19-2004 by L.L. No. 4-2004]
K.
Minimum landscaped area. There shall be a minimum landscape area provided measuring at least 10% of the total lot area. Such landscaped area shall include, at a minimum, a ten-foot planted buffer along any street frontage and any lot line abutting a residential district.
L.
Off-street parking.
(1)
In the Special Office District, there shall be provided on each lot or premises on which an authorized use is instituted or maintained an accessory parking facility for motor vehicles meeting the minimum standards hereinafter set forth:
[Amended 2-14-1996 by L.L. No. 1-1996]
(a)
Medical/dental offices: one parking space for each 200 square feet of floor area.
(b)
All other uses: one parking space for each 250 square feet of floor area.
(c)
Floor area is the sum of the horizontal areas of the floors of a building measured from the interior walls of each such floor, excluding elevator shafts, stairwells and mechanical equipment rooms.
(2)
Parking spaces and access thereto. Each parking space required by this subsection shall have direct usable access to a street and shall be at least nine feet by 19 feet, except that 15% of the parking spaces may be eight feet by 18 feet. The aisle or driveway giving direct access thereto shall have a minimum width of 24 feet.
[Amended 2-14-1996 by L.L. No. 1-1996]
(3)
All off-street parking spaces must be on ground level, but such parking spaces may be located on ground level beneath the building.
M.
Off-street loading/unloading. Provisions for off-street loading and unloading shall be made on the premises used for a business purpose in a location that will not interfere with accessory parking and means of ingress thereto and egress therefrom, and such areas shall be surfaced in the same manner as the parking areas. The area to be allocated for loading and unloading shall be at least 10 feet in width, 25 feet in length and 15 feet in clear height for each 10,000 square feet, or part thereof, of floor area, provided that not more than three such spaces shall be required.
N.
Height. No building shall exceed three stories, with a maximum height of 35 feet when measured from the center line of the adjacent road or 40 feet when measured from the average grade surrounding the building, whichever is less.
O.
Architectural review. As soon as practicable and, in any event, within 14 business days after an application for a permit involving the exterior appearance of a new or existing building or a group of such buildings or the appearance or physical shape of the land is made to the Building Inspector, the Building Inspector shall refer said application to the Village Clerk, who shall promptly transmit the same to the Chairman of the Architectural Review Board or, in the absence of the Chairman, the Secretary of the Board. The Chairman or the Secretary shall review the application and determine within a reasonable period of time whether further review by the Architectural Review Board is required or appropriate. Such determination and review shall be conducted pursuant to the provisions of Chapter 6 of this Code.
[Amended 5-19-2004 by L.L. No. 4-2004]
P.
Nonconforming use.
(1)
The lawful use of a building or premises existing at the effective date of this chapter or authorized by a building or other permit issued prior thereto may be continued, although such use does not conform to the provisions of this chapter, and such use may be extended throughout the premises lawfully acquired previous to said date, provided that such extension of use is in conformity with the provisions of this chapter.
(2)
Whenever a nonconforming use of a building or premises has been abandoned or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a use of a lower classification.
(3)
Discontinuance of any nonconforming use for a period of one year or more terminates such nonconforming use of a structure or premises, and, thereafter, said structure or premises shall not be used except in conformity with the provisions of this chapter.
(4)
A nonconforming building shall be extended, altered, enlarged, replaced or removed only if such extension, alteration, enlargement, replacement or removal does not increase the existing nonconformity.
(5)
The existence of a nonconforming use or building, or the application thereto of the limitations set forth in this Article, shall not be deemed to result in practical difficulties or unnecessary hardship warranting any variance in the application of any provision of this chapter to such nonconforming use or building or to the land on which it is located.
(6)
Nothing in this chapter shall be deemed to prevent keeping in good repair a nonconforming use or building in which a nonconforming use is conducted, but no such building that is declared by the Building Official to be unsafe or unlawful by reason of physical condition shall be restored, repaired or rebuilt except in conformity with the regulations prescribed by this chapter for the district in which such building is located.
(7)
Nothing in this Article shall be deemed to apply to any building or use or part thereof established in violation of law.