Kensington City Zoning Code
ARTICLE IV
Supplementary and Interpretive Provisions
§ 151-14 Accessory buildings and uses.
The following additional provisions shall apply to accessory buildings and uses:
A.
The accessory building or use must be located on the same lot as the principal building or use to which it is accessory or on a lot immediately adjoining it. If it is located on a lot immediately adjoining the lot on which the principal building or use is located and the lots are severed, the accessory use shall cease.
B.
The accessory use shall not be carried on by any person other than the occupant of the principal building or, in the case of vacant property, the owner or lessee of the lot.
C.
The area occupied by accessory buildings shall be included in computing the maximum portion of the lot area which may be built upon in any given district. The area occupied by accessory buildings shall not exceed 8% of the area of the lot.
D.
Prior to the issuance of a building permit for the alteration or erection of an accessory building on property that abuts a Village reserve strip, the Great Neck Water Pollution Control District shall determine the actual location of the sewer line within the reserve strip. Notwithstanding anything contained in this Code to the contrary, in no event shall the accessory building be set back less than six feet from the actual location of the sewer line.
[Added 4-22-2004 by L.L. No. 5-2004]
§ 151-15 Professional offices and studios.
[Amended 5-19-2004 by L.L. No. 4-2004; 9-19-2012 by L.L. No. 5-2012]
A.
Professional offices and studios shall be permitted as an accessory use in legal single-family dwellings in the Village provided the owner obtains a special use permit from the Board of Trustees and complies with the following conditions:
(1)
This accessory use is limited to one professional per dwelling, except that two professionals are permitted provided the person is the spouse, child or parent of the owner, and further provided that the professionals reside in the dwelling in which such office or studio is located. This accessory use shall be incidental and subordinate to the use of such dwelling for residential purposes.
(2)
No display of advertising and no exterior sign shall be permitted except the name of the professional and letters or abbreviations indicating the nature of the profession. The sign shall not exceed eight inches by 24 inches and shall not be illuminated except as set forth in § 151-19.
(3)
On-premises parking shall be provided for all employees and professionals. Not more than one assistant or associate licensed practitioner and not more than one nurse or assistant or associate worker may be employed in such office.
(4)
A special use permit granted by the Board of Trustees for such accessory use of a dwelling shall apply only to the use described in the permit and to the named permittee, and such permit may not be transferred and shall expire upon the termination or modification of the permitted use by the permitted user.
(5)
The professional office or studio shall not be rented to a third party.
(6)
"Professional office or studio," as used herein, shall not be construed to include or mean kindergarten, child's nursery, dance school, music school, art school, or other private school. For the purposes of this section, the instructing or teaching of more than three persons at any time shall constitute the maintenance of a kindergarten, nursery, or other school.
(7)
No such use shall commence without a permit. The owner seeking such permit shall file a special use permit application in addition to any documents as reasonably may be requested by the Village and shall pay the required fee. Such use shall not deviate from the approved permit prior to an amended permit being submitted and approved by the Village.
(8)
The hours of operation for such professional office or studio shall be stated in the special use permit application and approved by the Board of Trustees.
(9)
There shall be no excessive shipping of materials to and from the premises.
(10)
There shall be no overnight accommodations provided or maintained on the premises related to the professional office or studio use.
B.
Termination of all legal nonconforming uses.
(1)
All professional office or studio uses which preexisted on the effective date of this section may be continued, without conforming to the provisions of this section, until September 30, 2014.
(2)
On October 1, 2014, no professional office or studio use shall be permitted, notwithstanding the fact that it may have existed prior to the effective date of this section, unless the Board of Trustees has granted a special use permit pursuant to the standards and procedures set forth in this section.
C.
General standards. The Board of Trustees shall consider the following factors when reviewing a special use permit application:
(1)
The use does not create a condition which is offensive, annoying or harmful to public health, safety and general welfare including, but not limited to, by reason of noise, glare, vibration, odor, dust, fumes or undue human or vehicular traffic.
(2)
The use will be in harmony with and promote the general purposes and intent of this chapter.
(3)
The plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
(4)
The proposed use will not prevent the orderly and reasonable use of adjacent properties, particularly where they are in a different district.
(5)
The site is particularly suitable for the location of such use in the Village.
(6)
The characteristics of the proposed use are not such that its proposed location would be unsuitably near to a house of worship, school, theater, recreational area or other place of public assembly.
(7)
In addition to the on-premises parking required pursuant to § 151-15A(6), there are sufficient on-street parking spaces to accommodate the anticipated number of patrons or visitors.
(8)
The layout of the on-premises parking spaces and driveway is convenient and conducive to safe operation.
(9)
Adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.
(10)
Adequate provisions will be made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other character.
D.
Exemption. This section shall not apply to an owner who works from home, but does not have any employees or special equipment other than a home office computer and typical appurtenances such as printer or facsimile machine.
E.
All other commercial uses of a single-family dwelling are expressly prohibited.
§ 151-16 Private garages.
A private garage is permitted only as an accessory use and subject to the following conditions:
A.
No business, service or industry may be carried on directly or indirectly in such garage or in connection therewith.
B.
No commercial or business vehicle shall be stored or kept temporarily or permanently in such garage or elsewhere on the lot.
C.
When attached to or forming part of the principal building, no part of the garage is permitted in a required yard.
D.
No private garage shall be permitted within a side yard or within the front yard.
E.
In the Residence A District, Residence B District and Residence C District, a detached private garage may be constructed in a rear yard or side yard, provided that no part thereof is nearer than four feet to the nearest property line. In the Residence D District the requirements of § 151-12 shall control.
[Amended 9-21-1994 by L.L. No. 3-1994]
F.
In the case of a corner lot, a garage may not be nearer to the street line of the street than the front building line established for that street.
G.
In the Residence D District, Subdistrict D-1, parking spaces which are not required for resident use may be used for the parking of automobiles of nonresidents, subject to such regulations and charges as may be imposed by the owner of such property.
H.
In the event that there are two or more private garages on a lot, only one detached garage may be set back as provided in § 151-16E; all other garages, either attached or detached, shall comply with the setback requirements for the principal building.
[Added 9-21-1994 by L.L. No. 2-1994]
I.
No portion of a front-entrance garage may be located in the cellar or basement of a residence.
[Added 2-16-2011 by L.L. No. 2-2011]
§ 151-17 Encroachment in required yards.
No building or part of a building shall be erected in, upon or over or shall project into a required yard, with the following exceptions:
A.
Cornices, eaves, gutters not more than 12 inches; or windowsills, belt courses or other ornamental features projecting not more than four inches.
[Amended 7-21-1999 by L.L. No. 1-1999; 5-19-2004 by L.L. No. 4-2004]
C.
Subsurface structures may be constructed beneath the surface of the ground of a required rear yard or a required side yard, provided that no part of such subsurface structure shall project above the surface of the ground in any such yard, and further provided that in cases where the surface of the ground has been raised above its natural state by fill, grading, terracing or otherwise, no part of such subsurface structure shall be constructed or maintained more than three feet above the level of the ground in its natural state.
§ 151-18 Height of multiple dwellings and commercial buildings.
[Amended 5-19-2004 by L.L. No. 4-2004; 2-16-2011 by L.L. No. 2-2011]
The provisions of this chapter relating to the height of multiple dwellings and commercial buildings are subject to the following exceptions:
A.
A parapet wall or cornice may extend above such height limit not more than five feet.
B.
Stair bulkheads and air-conditioning units may extend above such height limit not more than 10 feet; provided, however, that such installation is enclosed in the same type of brick as used for the building and is set back a minimum of 20 feet from any exterior wall of the building.
C.
Ventilating fans may extend above such height limit but in no event shall they extend above the parapet wall.
D.
Elevators may extend above such height limit not more than 14 feet; provided, however, that such installation is enclosed in the same type of brick as used for the building and is set back a minimum of 28 feet from any exterior wall of the building.
§ 151-19 Signs.
A.
Permitted signs.
(1)
No signs shall be erected or maintained except:
(a)
Signs stating the name of the premises or the name of the owner or occupant thereof and, in the case of a duly licensed professional person, the letters or symbol designating his profession.
(b)
Signs stating the street and number of the building or premises where the sign is located.
(c)
Directional or warning signs for the convenience of persons desiring to enter the premises, such as "Deliveries," "Entrance," "Private," "Children" and the like.
[Amended 5-19-2004 by L.L. No. 4-2004]
(d)
In a Special Office District, real estate signs advertising the real estate on which the sign is located for sale or for rent.
[Amended 5-15-1996 by L.L. No. 2-1996]
(e)
During the course of construction of a building, signs giving the names of the builder, architect or artisan engaged on the work.
(2)
All permitted signs may include as incidental thereto a fanciful design, background or decoration.
C.
The signs permitted by Subsection A shall be located as follows:
(1)
Signs permitted under Subsection A(1)(a), (b) and (c) may be erected and maintained within the required front yard, required side yard or required rear yard, provided that the highest point of the sign is not more than five feet above the level of the ground where it is located and the highest point of the post or standard on which it is mounted or to which it is attached is not more than six feet above the level of the ground where it is located.
D.
Signs permitted under Subsection A of this section, other than real estate signs, may be illuminated by artificial means, subject to the following conditions, which must be complied with:
(1)
Electric lights, lamps or illuminated tubes shall not be used for the letters, numerals or other symbols of the sign or for its design, background or decoration. Notwithstanding the foregoing, an internally lighted sign with opaque background and translucent letters is permissible.
(2)
No flashing or intermittent lights or means of illumination are permitted.
§ 151-20 Swimming pools.
A.
For the purpose of computing the building area, the required yards and the distance from the lines of the lot, the pool apron or platform alongside the side or end of a swimming pool, the base for the springboard or diving platform and the foundation for the purifying apparatus, if any, shall be included.
B.
No swimming pool or part thereof shall be constructed in the front yard.
C.
All swimming pools shall be constructed in accordance with standard practice.
D.
Each pool shall be provided with permanently installed facilities for the complete draining thereof. Such facilities shall be entirely separate from the house drains and house sewer. In no case may the contents of the pool be permitted to discharge, directly or indirectly, into a street or public sewer or public drain or catch basin, or in, upon or under the land of another person, or in such a way as to adversely affect the functioning of the house drains or house sewer of another property.
[Amended 5-19-2004 by L.L. No. 4-2004]
E.
All connections with the public water supply shall be made by a duly licensed plumber in conformity with the Plumbing Code[1] and the rules and regulations of the water supply company or water district. Such connections shall be made in such a way as to prevent any water from the swimming pool from entering the public water supply system. In times of drought or water shortages, the Board of Trustees may direct that the use of the swimming pool be discontinued and that all connections with the public water supply system be broken until further order.
F.
Every swimming pool shall be enclosed by a fence or wall approved by the Building Inspector, sufficient to prevent the accidental entry or unauthorized use of the pool by a child or children. Such fence or wall shall be erected so as to completely enclose either the pool itself or the particular yard area in which the pool is situated or the entire property back of the building line.
G.
Such fence or wall shall be not less than four feet and not more than five feet in height above ground level and shall have not more than two openings for ingress or egress. Each of said openings shall have a self-closing gate or door with an automatic latch and a lock of such a character that it can be opened from the outside of the pool enclosure only by means of a key or a combination. Each gate, door, latch and lock shall at all times be maintained in good working order, and each gate or door shall be kept closed and locked at all times when the pool is not in use by adults, whether it contains water or is empty; provided, however, that the Building Inspector may approve alternative methods for closing or guarding the openings in said fence which provide equal or greater protection.
§ 151-21 Miscellaneous prohibited uses.
The outdoor storage of motor vehicles, boats, boat trailers and similar articles of property is prohibited throughout the village.