[Adopted 8-7-1984 by L.L. No. 3-1984,
approved 8-28-1984, as Ch. 62, Art. I, of the 1984 Code]
As used in this article, the following terms
shall have the meanings indicated:
COMMISSION
The Landmark Preservation Commission of the City of Kingston,
New York, hereinafter referred to as the "Commission."
DISTRICT
Historical and Architectural Design District.
EXTERIOR FEATURE
The design and general arrangement of the exterior of a structure
open to view from a public way, public property or any part of a public
building including kind, color and texture of building materials,
number, proportion, type and spacing of windows, doors, walls, roofs,
murals, projections and signs. Exterior features shall also include
all earthworks, sidewalks, driveways, fences, trees, landscaping and
other features visible from a public way, public property or any part
of a public building.
HISTORIC AND ARCHITECTURAL DESIGN DISTRICT
The area of the City of Kingston, New York, commonly referred
to as the "Stockade Area," as specifically delineated on the Zoning
Map in the Building Inspector's office in the City of Kingston, New
York, and which:
A.
Has a special character or special historical
or aesthetic interest or value; represents one or more areas in the
history of the city; and causes such area, by reason of such factors,
to constitute a Stockade Area and perimeter.
B.
Is designated as an Historic and Architectural Design District by proper amendment of Ch.
405, Zoning, so designating the area.
The Stockade Area is characterized by a diversity
of styles, designs and relationships of buildings and spaces, with
many buildings from the 17th, 18th and 19th centuries. Though differing
in style, there are only two or three surface materials used, with
stone, wood or brick being the most common. Except for retail display
windows, large plain surfaces, large glass areas and polished metals
are absent.
A. In its consideration or review, the Commission may
require such characteristics to be reflected in proposed designs.
B. All applications shall be considered by the Commission
on at least the following points, these points to be used as a basis
where relevant for establishing relationships to the external features
of buildings in the immediate neighborhood:
(1) The building height in relation to surrounding buildings.
(2) The relationship to nearby roof shapes.
(3) The relationship between the width and the height
of the front elevation.
(4) The size, proportion and spacing of openings within
the facade and elevations exposed to view.
(5) Rhythm of spacing of buildings and building elements
on the street.
(6) The design and placement of entrances and projections.
(7) The relationship of materials, textures and colors.
(8) The relationship of architectural details.
(10) The relationship of landscape elements.
(11) The appropriateness of paving.
(12) The effect on existing or historically significant
spaces.
C. It shall be the duty of the Commission to determine
whether or not the proposed construction, reconstruction or alteration
of the exterior architectural feature or features involved shall be
appropriate to the preservation of the Stockade Area.
Failure to comply with any of the provisions
of this article shall be deemed a violation, and the violator shall
be liable to a fine of not more than $25, and each day such violation
continues shall constitute a separate violation.
The Zoning Ordinance of the City of Kingston, New York, shall apply within
the Stockade Area as follows:
A. The Zoning Ordinance shall not apply except to serve
as a guide within the Stockade Area with respect to limitations on
height, building spacing and yard and parking requirements. These
determinations shall be made pursuant to this article.
B. Other provisions of the Zoning Ordinance related to
land use shall remain in force; and all other controls shall remain
in force to the extent that they do not conflict with the intent and
purpose of this article.
Appeals from action of the Commission under
this article shall proceed in accordance with Article 78 of the Civil
Practice Law and Rules.
Nothing herein shall be deemed to empower the
Commission to obligate the City of Kingston, New York, to the expenditure
of funds unless specifically authorized by law. The Commission may
use funds allocated to it by federal, state or local agencies and
from private donations, grants and bequests, in carrying out its purpose.
This article shall take effect immediately following
final passage, public hearing and approval by the Mayor of the City
of Kingston, New York, as provided by law.