PLEASE TAKE NOTICE
The Board of Trustees of the Village of Kings Point, at a regular meeting held on Monday, June 22, 2019, duly adopted Local Laws 1 and 2 of 2020, which read, respectively, as follows:
1. Local Law 1 of 2020, A local law amending Article IX, Architectural and Preliminary Site Review Board, of Chapter 161, Zoning, of the Code of the Village of Kings Point, to add a new section, § 161-60, Waivers.
Be it enacted by the Board of Trustees of the Village Kings Point.
Section 1. Article IX, Architectural and Preliminary Site Review Board, of Chapter 161, Zoning, of the Code of the Village of Kings Point, is hereby amended by adding a new section, § 161-60, Waivers, to read as follows:
Ҥ 161-60. Waivers.
(1) Notwithstanding anything to the contrary in § 161-54 and § 161-59, any person who seeks to:
(a) construct or to alter, add to, or reconstruct an existing accessory building;
(b) make a change to a building or hardscape;
(c) fail to maintain or replant any landscaping; or
(d) fail to adhere to any condition of the ARB,
which would require the ARB’s prior approval, believes that such construction, altering, addition, reconstruction, change or failure would not have a significant adverse impact upon (i) the preservation or promotion of the character, appearance, or aesthetics of the Village, or (ii) the neighboring properties, may seek a waiver of the ARB’s approval in accordance with the following procedure.
(2) Waiver Procedure.
(a) Such person shall file with the Superintendent of the Building Department such documents as the Superintendent deems necessary to determine if there is a reasonable basis to granting the waiver.
(b) If, in the sole discretion of the Superintendent, there is no reasonable basis to grant the waiver, the Superintendent shall deny the application.
(c) If, in the sole discretion of the Superintendent, there may be a reasonable basis to grant the waiver, the Superintendent shall notify the Chairman of the ARB.
(d) The Chairman shall then review the documents provided to the Superintendent and may request any additional documents from the applicant as will assist in the review of the waiver application.
(e) If, in the sole discretion of the Chairman, there is not sufficient reasonable basis to the waiver, the Chairman shall deny the waiver.
(f) If, in the sole discretion of the Chairman, there may be a reasonable basis to the waiver, the Chairman shall choose two other members of the ARB to assist in determining the waiver.
(g) The Chairman and such other members of the ARB may, in their sole discretion, then grant the waiver, grant the waiver in part, or deny the waiver, and, upon any grant, in whole or in part, condition such grant upon terms they believe will eliminate, reduce, or mitigate any adverse impact by such grant.”
Section 2. Effective date. This local law shall take effect immediately.
2. Local Law 2 of 2020, A local law amending the Code of the Village of Kings Point to prohibit above ground swimming pools.
Be it enacted by the Board of Trustees of the Village Kings Point.
Section 1. § 140-1, Definitions, of Chapter 140, Swimming Pools, of the Code of the Village of Kings Point, is hereby amended by adding the definition of “above ground pool”, to read as follows:
“ABOVE GROUND SWIMMING POOL – Any swimming pool thats highest elevation is more than 6 inches above any portion of the adjoining grade within 5 feet of the swimming pool.”
Section 2. Said Chapter 140 is further amended to add a new § 140-9, Above Ground Swimming Pools Are Prohibited, to read as follows:
Ҥ 140-9, Above Ground Swimming Pools Are Prohibited.
Above ground swimming pools are prohibited.”
Section 3. Effective date. This local law shall take effect immediately.
Dated: Kings Point, New York BY ORDER OF THE BOARD OF TRUSTEES
June 23, 2020VILLAGE OF KINGS POINT
Gomie Persaud, Village
Clerk-Treasurer
GNN #153391
1x 7/3/2020 #153391
