A.
Purpose. This section sets forth the standards applicable to the
development of each building type. These standards supplement the
standards for each zone that the building types are allowed within,
and are intended to shape development that reinforces the character
and scale of Kingston's neighborhoods.
B.
Applicability.
(1)
The building type standards apply to all buildings in the T2, T3,
T4, T5, and SD-WMU Transect Zones. Table 405.12.A describes which
building types are allowed in each Transect Zone. An "X" in the column
indicates that a particular building type is allowed in that district;
other building types are not allowed in that district.
(2)
Civic buildings
shall be exempt from
the building type standards.(3)
An applicant may propose additional building types not identified here. (See § 405-26F.) The City of Kingston Planning Board will decide to accept, modify, or reject such additional building types during the approval process based on its determination as to the consistency of the additional building types with the planning, design, and compatibility principles set forth in the Transect Zone where the
lot
is located.C.
Building type standards.
(1)
Each building type includes a summary description and photographs/illustrations
of that type; this is general information about the building type
and is not regulatory. Specific development standards for each type
are shown in the tables. Where numerical development standards for
an allowable building type are different than the general regulations
for the Transect Zone, the standards for the building type prevail.
(2)
The names of the building types are not intended to limit
uses
within a building type. For example, a
detached house type may have nonresidential uses
within it, such as a restaurant or office.(3)
Up to 10%
deviation
in the dimensional
standards of this section may be approved as a minor waiver
. (See § 405-26F.)|
Table 405.12.A
Allowed Building Types
| |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Building Types
|
T5
|
SD
|
T4
|
T3
|
T2
| ||||||
|
T5-MS
|
T5-F
|
T5N
|
SD-WMU
|
T4-MS
|
T4N-O
|
T4N
|
T3N-O
|
T3N
|
T3L
|
T2C
| |
|
Main street building
|
X
|
X
|
X
|
X
| |||||||
|
Flex building
|
X
|
X
| |||||||||
|
Liner building
|
X
|
X
|
X
|
X
|
X
| ||||||
|
Live/work building
|
X
|
X
|
X
|
X
|
X
|
X
| |||||
|
Stacked flats
|
X
|
X
|
X
|
X
|
X
| ||||||
|
Courtyard building
|
X
|
X
|
X
| ||||||||
|
Multiplex
|
X
|
X
|
X
|
X
|
X
| ||||||
|
Small multiplex
|
X
|
X
|
X
|
X
|
X
|
X
|
X
| ||||
|
Neighborhood business
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
| |||
|
Rowhouse
|
X
|
X
|
X
|
X
|
X
|
X
| |||||
|
Cottage court
|
X
|
X
|
X
|
X
|
X
| ||||||
|
Duplex
|
X
|
X
|
X
|
X
|
X
|
X
|
X
| ||||
|
Detached house
|
X
|
X
|
X
|
X
|
X
|
X
|
X
| ||||
|
Carriage house
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
| |||
D.
Main street building.
(1)
Description.
|
The main street building is a medium- to large-sized structure,
typically attached, intended to provide a mix of uses with ground
floor retail or service
uses and upper-floor
service or residential uses . This type
promotes walkability and makes up the primary component of a neighborhood
or downtown main street. |
(2) 
Required building dimensions.
|
Building width
|
No minimum/150 feet maximum1
|
|
NOTE:
| |
|
1
|
Buildings that meet the requirements for wide buildings [§ 405-14C(4)] may be permitted as a
minor waiver . |
(3)
Allowed intensity.
|
Number of units per building
|
Unrestricted
|
(5)
Required
private open space
dimensions.|
No requirement
|
(6)
Required pedestrian access.
|
Pedestrian access shall be provided from the front street sidewalk.
|
|
Upper floor units shall be accessed by a common entry along
the front street sidewalk. For corner
lots , secondary access may be provided from the side street as well. |
|
Figure 405.12.D
Examples of Main Street Buildings
| |
 |
 |
E.
Flex building.
(1)
Description.
|
The flex building type is a medium- to large-sized structure,
typically one to three
stories tall. It
can be used to provide a vertical mix of uses with ground-floor industrial, service, or retail uses and upper-floor service or residential uses ; or may be a single-use building. This type is a primary
component of a flexible, urban neighborhood that provides a mix of
buildings. |
(2) 
Required
building dimensions.
|
Building width
|
No minimum/no maximum1
|
|
NOTE:
| |
|
1
|
Buildings with a street-facing
facade wider than 150 feet shall meet the requirements for wide buildings [§ 405-14C(4)]. |
(3)
Allowed intensity.
|
Number of units per building
|
Unrestricted
|
(5)
Required
private open space
dimensions.|
No requirement.
|
(6)
Required pedestrian access.
|
Pedestrian access shall be provided from the front (preferred)
or side street sidewalk.
|
|
Figure 405.12.E
Examples of Flex Buildings
| |
 |
 |
F.
Liner building.
(1)
Description.
|
A liner building is a shallow structure that wraps the perimeter
of a
block to create a habitable street frontage and conceal surface or structured
parking or a large-scale commercial building (theater, convention
center, etc.). These buildings may contain a variety of uses , including ground-floor retail, and/or
upper-level offices or residential. |
(2) 
Required
building dimensions.
|
Building width
|
No minimum/no maximum1
|
|
NOTE:
| |
|
1
|
Buildings with a street-facing
facade wider than 150 feet shall meet the requirements for wide buildings [§ 405-14C(4)]. |
(3)
Allowed intensity.
|
Number of units per building
|
Unrestricted
|
(5)
Required
private open space
dimensions.|
No requirement
|
(6)
Required pedestrian access.
|
Pedestrian access shall be provided from the front street sidewalk.
For corner
lots , secondary access may
be provided from the side street as well. |
|
Figure 405.12.F
Examples of Liner Buildings
| |
 |
 |
G.
Live/work building.
(1)
Description.
|
The live/work building type is a small- to medium-sized attached
or detached structure that is allowed to house a flexible combination
of limited commercial functions and the primary residential function.
The commercial/flex space is typically on the ground floor, accessed
from the street sidewalk. Both the commercial/flex space and the residential
unit are owned by one entity.
|
(2) 
Required building dimensions.
|
Building width
|
18 feet minimum/50 feet maximum
|
(3)
Allowed intensity.
|
Number of units per building
|
2 maximum
|
|
The floor area of the commercial/flex space shall be smaller
than the floor area of the primary residential space.
| |
(5)
Required
private open space
dimensions.|
Required behind the main body of the building
| |
|
Width
|
10 feet minimum
|
|
Depth
|
10 feet minimum
|
|
Area
|
100 square feet minimum
|
(6)
Required pedestrian access.
|
Pedestrian access shall be provided from a front (preferred)
or side street sidewalk.
|
|
The commercial/flex space and
dwelling
unit shall have separate entries. |
|
Figure 405.12.G
Examples of Live/Work Buildings
| |
 |
 |
H.
Stacked flats.
(1)
Description.
|
The stacked flats building type is a medium- to large-sized
structure that consists of multiple
dwelling
units . Each unit may have its own individual entry, or may share
a common entry. This type is appropriately scaled to fit adjacent
to neighborhood-serving main streets and walkable urban neighborhoods. It enables appropriately scaled, well-designed
higher densities and is important for providing a broad choice of
housing types and promoting walkability. This building type may include
a courtyard. |
(2) 
Required building dimensions.
|
Building width
|
No minimum/150 feet maximum1
|
|
NOTE:
| |
|
1
|
Buildings that meet the requirements for wide buildings [§ 405-14C(4)] may be permitted as a
minor waiver . |
(3)
Allowed intensity.
|
Number of units per building
|
Unrestricted
|
(5)
Required
private open space
dimensions.|
No requirement
|
(6)
Required pedestrian access.
|
Must provide pedestrian access from a street sidewalk or courtyard.
|
|
Courtyards shall be accessible from a street sidewalk and meet
the dimensional requirements of a courtyard building.
|
|
Figure 405.12.H
Examples of Stacked Flats Buildings
| |
 |
 |
I.
Courtyard building.
(1)
Description.
|
A courtyard building is a medium- to large-sized structure that
consists of multiple
dwelling units accessed
from a central common courtyard or series of courtyards that open
to the street. |
(2) 
Required building dimensions.
|
Building width
|
No minimum/150 feet maximum
|
|
Courtyard width
|
40 feet minimum/150 feet maximum
|
|
Courtyard depth
|
40 feet minimum/150 feet maximum
|
|
Courtyard area
|
50 square feet per unit minimum
|
(3)
Allowed intensity.
|
Number of units per building
|
Unrestricted
|
(5)
Required
private open space
dimensions.|
No requirement
|
(6)
Required pedestrian access.
|
Units shall enter from a street sidewalk or courtyard space.
Each unit may have an individual entry.
|
|
Courtyards shall be accessible from a street sidewalk.
|
|
Figure 405.12.I
Examples of Courtyard Buildings
| |
 |
 |
J.
Multiplex.
(1)
Description.
|
The multiplex is a medium- to large-sized structure that consists
of seven to 18 side-by-side and/or stacked
dwelling
units , typically with one shared entry. This type is appropriately
scaled to fit within medium-density neighborhoods; it enables appropriately
scaled, well-designed higher densities and is important for providing
a broad choice of housing types and promoting walkability. |
(2) 
Required building dimensions.
|
Building width
|
80 feet maximum
|
|
Building depth
|
75 feet maximum
|
(3)
Allowed intensity.
|
Number of units per building
|
7 minimum
T4: 12 maximum
T5: 18 maximum
|
(5)
Required
private open space
dimensions.|
Width
|
10 feet minimum
|
|
Depth
|
10 feet minimum
|
|
Area
|
100 square feet minimum
|
(6)
Required pedestrian access.
|
Units shall enter from a common entry on the front street sidewalk.
On corner
lots , units may also enter from
the side street. |
|
Figure 405.12.J
Examples of Multiplex Buildings
| |
 |
 |
K.
Small multiplex.
(1)
Description.
|
The small multiplex is a medium-sized structure that typically
consists of three to six side-by-side and/or stacked
dwelling units typically with one shared entry
or individual entries along the front. The small multiplex has an
appearance roughly comparable to a medium-sized single-family home
and is appropriately scaled to fit within T3, T4, and similar walkable
neighborhood districts or sparingly within large lot areas. |
(2) 
Required building dimensions.
|
Building width
|
48 feet maximum
|
|
Building depth
|
48 feet maximum
|
(5)
Required
private open space
dimensions.|
Required behind the main body of the building
| |
|
Width
|
10 feet minimum
|
|
Depth
|
10 feet minimum
|
|
Area
|
100 square feet minimum
|
(6)
Required pedestrian access.
|
Must provide pedestrian access from the front street sidewalk.
Each unit may have an individual entry. For corner
lots , secondary access may be provided from the side street
as well. |
|
Figure 405.12.K
Examples of Small Multiplex Buildings
| |
 |
 |
L.
Neighborhood business.
(1)
Description.
|
A neighborhood business is intended to complement
walkable neighborhoods by facilitating a small
increment of mixed use in a pedestrian-friendly ground-floor retail
or service use accessed from the sidewalk. Residential units, storage
or small offices may be located on upper floors. |
(2) 
Required building dimensions.
|
Building width
|
60 feet maximum
|
(3)
Allowed intensity.
|
Ground floor footprint/commerce use floor area
|
3,500 square feet or less in T4/T5
|
|
3,000 square feet or less in T3
| |
|
Number of units per building
|
Unrestricted (upper floors only)
|
(5)
Required
private open space
dimensions.|
No requirement
|
(6)
Required pedestrian access.
|
Must provide pedestrian access from the front street sidewalk
|
|
Figure 405.12.L
Examples of Neighborhood Business Buildings
| |
 |
 |
M.
Rowhouse.
(1)
Description.
|
The rowhouse building type is a small- to medium-sized combination
of attached structures that consists of two to eight rowhouses placed
side by side. This type may also occasionally be detached with minimal
separation between buildings. This type is typically located within
medium-density neighborhoods or in a location that transitions from
a primarily single-family neighborhood into a neighborhood main street.
This type enables appropriately scaled, well-designed higher densities
and is important for providing a broad choice of housing types and
promoting walkability.
|
(2) 
Required building dimensions.
|
Building width
|
18 feet minimum/36 feet maximum
|
|
Rowhouses per run
|
2 feet minimum/8 feet maximum
|
(5)
Required
private open space
dimensions.|
Required behind the main body of the building
| |
|
Width
|
10 feet minimum
|
|
Depth
|
10 feet minimum
|
|
Area
|
100 square feet minimum
|
(6)
Required pedestrian access.
|
Each unit shall have an individual entry facing a street.
|
|
Figure 405.12.M
Examples of Rowhouse Buildings
| |
 |
 |
N.
Cottage court.
(1)
Description.
|
The
cottage court type consists
of a series of small, detached structures on a common lot providing multiple units arranged to define
a shared court that is typically perpendicular to the street. The
shared court takes the place of a private rear yard. This type is
appropriately scaled to fit within primarily single-family or medium-density
neighborhoods. It enables appropriately scaled, well-designed higher
densities and is important for providing a broad choice of housing
types and promoting walkability. |
(2) 
Required building dimensions.
|
Cottage footprint (per building)
|
500 square feet minimum; 800 square feet maximum
|
|
Cottage height
|
1.5
stories maximum |
(3)
Allowed intensity.
|
Number of units per building
|
1 maximum
|
|
Cottage buildings per
lot |
3 minimum/9 maximum
|
(5)
Required
private open space
dimensions.|
Shared courtyard, accessible from the street
| |
|
Width
|
20 feet minimum
|
|
Depth
|
20 feet minimum
|
|
Area
|
400 square feet minimum
|
(6)
Required pedestrian access.
|
Pedestrian access shall be from the central courtyard or the
front street sidewalk.
|
|
Figure 405.12.N
Examples of Cottage Court Buildings
| |
 |
 |
O.
Duplex.
(1)
Description.
|
The duplex building type is a small- to medium-sized structure
that consists of two side-by-side or stacked
dwelling units , both facing the street, and within a single
building massing. This type has the appearance of a medium to large
single-family home and is appropriately scaled to fit within primarily
single-family neighborhoods or medium-density neighborhoods. It enables
appropriately scaled, well-designed higher densities and is important
for providing a broad choice of housing types and promoting walkability. |
(2) 
Required
building dimensions.
|
Building width
|
50 feet maximum
|
(5)
Required
private open space
dimensions.|
Required behind the main body of the building
| |
|
Width
|
15 feet minimum
|
|
Depth
|
15 feet minimum
|
|
Area
|
300 square feet minimum
|
(6)
Required pedestrian access.
|
Pedestrian access shall be from the front street sidewalk.
|
|
Figure 405.12.O
Examples of Duplex Buildings
| |
 |
 |
P.
Detached house.
(1)
Description.
|
The detached house is a small-, medium- or large-sized detached
structure that incorporates one unit. It is typically located within
a primarily single-family residential neighborhood in a
walkable urban setting. |
(2) 
Required building dimensions.
|
Building width
|
50 feet maximum
|
(5)
Required
private open space
dimensions.|
Required behind the main body of the building.
| |
|
Width
|
20 feet minimum
|
|
Depth
|
20 feet minimum
|
|
Area
|
500 square feet minimum
|
(6)
Required pedestrian access.
|
Pedestrian access shall be from the front street sidewalk.
|
|
Figure 405.12.P
Examples of Detached House Buildings
| |
 |
 |
Q.
Carriage house (
accessory building
).(1)
Description.
|
The
carriage house building type
is an accessory structure typically located
at the rear of a lot . This structure typically
provides either a small residential unit (ADU), home office space,
or other small commercial or service use that may be above a garage or at ground level. This building type
is important for providing affordable housing opportunities and incubating
small businesses within walkable neighborhoods. |
(2) 
Required building dimensions.
|
Building width
|
36 feet maximum
|
|
Building depth
|
30 feet maximum
|
|
Separation from main building
|
10 feet minimum
|
(5)
Required
private open space
dimensions.|
Determined by the main building on the
lot ; no additional private open space is required for a carriage house . |
(6)
Required pedestrian access.
|
Side street,
alley , or internal
to the lot . The main entrance shall not
be through a garage. |
|
Figure 405.12.Q
Examples of Carriage House Buildings
| |
 |
 |
A.
Purpose. This section sets forth the standards applicable to the
development of private
frontages
. Private frontages
are the components of a building
that provide an important transition between the public realm (street
and sidewalk) and the private realm (yard or building).B.
Applicability.
(1)
The frontage type standards apply to all principal buildings in the T2, T3, T4, T5, and SD-WMU Transect Zones. Table 405.13.A describes which frontage types are allowed for each building type (§ 405-12). An "X" in the column indicates that a particular frontage type is allowed; other frontage types are not appropriate for that building type.
(2)
Each frontage type is described in the subsections that follow. For
each frontage type, a description, dimensional standards, and additional
standards are provided. For the purposes of this Code and for the
type of conditions present in Kingston, there are seven frontage types
regulated by this Code.
|
Table 405.13.A
Allowed Frontage Types
| ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Building Types (§ 405-12)
| ||||||||||||||
|
Frontage Types
|
Main Street Building
|
Flex Building
|
Liner Building
|
Live/Work Building
|
Stacked Flats
|
Courtyard Building
|
Multiplex
|
Multiplex: Small
|
Neighborhood Business
|
Rowhouse
|
Cottage Court
|
Duplex
|
Detached House
|
Carriage House
|
|
Common yard
|
X
|
X
|
X
|
X
|
X
| |||||||||
|
Porch
|
X
|
X
|
X
|
X
|
X
|
X
|
X
| |||||||
|
Stoop
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
| ||
|
Dooryard/front yard
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
| |
|
Shopfront
|
X
|
X
|
X
|
X
|
X
| |||||||||
|
Forecourt
|
X
|
X
|
X
|
X
| ||||||||||
|
Gallery
|
X
| |||||||||||||
C.
Frontage type standards.
(1)
(2)
Porch.
 |
 |
 | |
(a)
Description.
|
The main
facade of the building
is within the build-to zone (BTZ) or behind
the setback line, and the porch may project forward. The porch is used to access a first floor that
is elevated above the sidewalk to ensure privacy within the building.
A porch is large enough to function as
an outdoor living space. |
(b)
Size.
|
Width, clear
|
8 feet minimum
| A |
|
Depth, clear
|
6 feet minimum
| B |
|
Height, clear
|
8 feet minimum
| C |
|
Height
|
2
stories maximum | |
|
Finish level above sidewalk
|
18 inches minimum
| D |
(c)
Miscellaneous.
[1]
In Transect Zones where
frontage encroachments
are allowed, a porch
is a permitted encroachment
forward of the build-to zone
or setback
line.
A porch/porch stairs may not extend into the public right-of-way
.[2]
Porches
may project forward or be
engaged with the front facade
of the building.
Projecting porches
must be open on three
sides and have a roof. Engaged porches
must be open on two sides (with two sides engaged to the building)
and have a roof.|
Figure 405.13.B.2
Porch Examples
| |
 |
 |
(3)
Stoop.
 |
 |
|
| |
(a)
Description.
|
The main
facade of the building
is within the build-to zone (BTZ) or behind
the setback line, and the elevated stoop
projects forward. The stoop is to access a first floor that is elevated
above the sidewalk to ensure privacy within the building. Stairs from
the stoop may descend forward or to the side. |
(b)
Size.
|
Width, clear
|
5 feet minimum; 8 feet maximum
|
A |
|
Depth, clear
|
5 feet minimum; 8 feet maximum
|
B |
|
Height, clear
|
8 feet minimum
|
C |
|
Height
|
1
story maximum | |
|
Finish level above sidewalk
|
18 inches minimum
|
D |
(c)
Miscellaneous.
[1]
In Transect Zones where
frontage encroachments
are allowed, a stoop is a permitted encroachment
forward of the build-to zone
or setback
line. A stoop/stoop stairs may not
extend into the public right-of-way
.[2]
Stairs may be perpendicular or parallel to the building
facade
.|
Figure 405.13.B.3
Stoop Examples
| |
 |
 |
(4)
Dooryard/front yard.
 |
 |
|
| |
(a)
Description.
|
A
frontage wherein the main facade of the building is set back a small
distance and the frontage line is defined
by a garden wall , fence or hedge. The
dooryard may be raised, sunken, or at grade.A front yard is a permitted variation with a small to moderate
building
setback , and front yard area
defined by a garden wall , fence or hedge
that extends to the back of the sidewalk. |
(b)
Size.
|
Depth, clear
|
8 feet minimum
|
A |
|
Path of travel
|
3 feet wide minimum
|
B |
|
Ground floor transparency
|
See general standards.
| |
|
Finish level above sidewalk
|
3 feet 6 inches maximum
|
C |
|
Finish level below sidewalk
|
6 feet maximum
|
|
Figure 405.13.B.4
Dooryard/Front Door Examples
| |
 |
 |
(5)
Shopfront.
 |
 |
|
| |
(a)
Description.
|
The main
facade of the building
is at or near the frontage line and may
include a canopy or awning element that overlaps the sidewalk along
the frontage . A canopy is a structural
cantilevered shed roof; an awning is canvas or similar material and
is often retractable. |
(b)
Size.
|
Distance between glazing
|
2 feet maximum
| A |
|
Ground floor transparency
|
See general standards.
| |
|
Door recess
|
5 feet maximum
| B |
(c)
Canopy or awning.
|
Depth
|
4 feet minimum
| C |
|
Setback from curb |
2 feet minimum
| D |
|
Height, clear
|
8 feet minimum
| E |
(d)
Miscellaneous.
|
Shopfronts are required where marked on the Special Requirements Map, § 405-3.
|
|
Additional standards are located in architectural standards, § 405-14D.
|
|
Doors may be recessed as long as the main
facade is within the BTZ. |
|
Open-ended awnings are encouraged.
|
|
Rounded and hooped awnings are discouraged.
|
|
Figure 405.13.B.5
Shopfront Examples
| |
 |
 |
(6)
Forecourt.
 |
 |
|
| |
(a)
Description.
|
The primary portion of the building's main
facade is at the build-to
zone while a small percentage is set back, creating a court
space. This space can be used as an apartment entry court, garden
space, or for restaurant outdoor dining. |
(b)
Size.
|
Width, clear
|
12 feet minimum
| A |
|
Depth, clear
|
12 feet minimum
| B |
(c)
Miscellaneous.
|
Forecourts are especially useful along larger, more auto-dominant
thoroughfares in order to provide well-shaped, intimately sized public
outdoor spaces.
|
|
Figure 405.13.B.6
Forecourt Example
|
 |
(7)
Gallery.
 |
 |
|
| |
(a)
Description.
|
The main
facade of the building
is at the build-to zone and the gallery
element overlaps the sidewalk, eliminating the need for an awning.
This frontage type is intended for buildings with ground-floor commercial
or retail uses ; the gallery may be one
or two stories in height. |
(b)
Size.
|
Depth, clear
|
8 feet minimum
| A |
|
Ground floor height, clear
|
11 feet minimum
| B |
|
Upper floor height, clear
|
9 feet minimum
| C |
|
Height
|
2
stories maximum | D |
|
Setback from curb |
2 feet minimum; 3 feet maximum
| E |
(c)
Miscellaneous.
|
Galleries must also follow all the rules of the shopfront frontage
type.
|
|
Figure 405.13.B.7
Gallery Examples
| |
 |
 |
A.
Purpose. A primary goal of these architecture and site design standards
is authenticity: encouraging construction which is both timeless and
functional. The character of new building
facades
should reflect and complement the materials and general scale of
Kingston's local residential and commercial structures. They
should employ materials and construction techniques that will result
in long-lasting structures, both in durability and design expression.
These architecture and site standards work in tandem with the building
type standards, and other provisions of this Code, to deliver a high-quality
public realm.B.
Applicability.
(1)
The architectural standards of §§ 405-14C through 405-14G apply to all
principal buildings
in the T2, T3, T4, T5, and SD-WMU Transect Zones. The architectural standards of §§ 405-14C through 405-14G are encouraged (but not required) for detached house, carriage
house
, duplex or cottage court
building
types. Design of structures should be compatible with the surrounding
neighborhood, not necessarily discouraging other styles.C. 
Figure 405.14.C.1.a
The Base, Body and Cap
Facade composition.
(1)
Base, body and cap. These elements communicate height to the pedestrian.
Expression lines
can be used to distinguish
between each component.(a)
Expression lines
shall either be
moldings extending a minimum of two inches, or jogs in the surface
plane of the building wall greater than two inches.(b)
A building mass may be subdivided by
expression
lines
into one, two, or three horizontal layers. (See Figure
405.14.C.1.b.)(c)
Figure
405.14.C.1.b
Facades Divided
Into 1, 2, and 3 Horizontal Layers
Required
expression lines
:(d)
The top of each building should be emphasized with a projecting
cornice
. This cornice
should feature a deeper projection, and therefore stronger shadow
line, than any other expression line
on
a facade
.(2)
Center lines.
(a)
Structural center lines are vertical lines not interrupted by
fenestration (window and door openings).
Facades
shall feature alternating structural center lines and fenestration
center lines.(b)
Figure
405.14.C.2: Structural and fenestration center lines, showing how
the solid and voids in the facade align vertically; and organization
of the facade into vertical modules. The facade example here follows
an ABBA pattern.
These center lines shall extend from the top of
a mass to the bottom of a mass.
(c)
Multiple windows and/or doors may be grouped symmetrically around
a single fenestration center line.
(d)
The spacing of center lines may be identical across a
facade
, or may vary. When varying the spacing
between center lines of any one facade
, using a repetitive sequence of bays as justification is recommended
to provide order and balance.(e)
In designated Historic Districts, the size, proportion, and
rhythm of windows should generally be similar to other buildings on
the same
block
.(3)
Facade transparency requirements. All building
facades
which face onto a street or public space shall meet
the minimum transparency requirements outlined below. The percentage
of transparency (door and window openings) per story
shall be calculated within the area between finished
floors and shall be a total percentage of doors and windows along
that portion of the facade
. Upper floor
transparency is measured to the finished ceiling. Applicants shall
provide a diagram to demonstrate compliance with this provision.(a)
Figure
405.14.C.3
Example of Compliant
Facade
Fenestration
Building
facade transparency
for ground story
(retail): 60% minimum(b)
Building
facade transparency
for
ground story
(uses
other than retail): 30% minimum.(c)
Building
facade transparency
for
upper stories
: 20% minimum.(d)
Blank wall areas (
facade
areas without
doors or windows) shall not exceed 30 feet in length along any story
facing a street frontage
.(4)
Wide buildings. The primary
facade
of
buildings wider than 150 feet shall be varied with a change of architectural
expression.(a)
These changes in expression may be a vertical element running
from the ground plane to the roof, a change in fenestration, color,
or texture, or a break in building
facade
plane or roofline.(b)
These changes may be subtle or significant, but should soften
the visual effect of very wide buildings directly across the street
from narrower buildings.
D. 
Figure 405.14.D
Anatomy of a Storefront
Shopfronts.
(1)
The top of all shopfront window sills shall be between one and three
feet above the adjacent sidewalk.
(2)
Shopfront windows shall extend up from the sill at least eight feet
above the adjacent sidewalk.
(3)
Shopfronts shall have a
cornice
or expression line
above, between the first and
second stories
.(4)
Shopfront windows may not be made opaque by window treatments (excepting
operable sunscreen devices within the conditioned space). Reflective,
tinted and frosted glass is prohibited on shopfronts.
(5)
Doors or entrances for public access shall be provided at intervals
no greater than 50 feet, unless otherwise approved as a
minor waiver
. (See § 405-26F.) The intent is to maximize street activity, to provide pedestrians with frequent opportunities to enter buildings, and to minimize any expanses of inactive wall.(6)
Shopfront doors shall contain at least 60% transparent glass. Solid
doors are prohibited.
(7)
A minimum of 15 feet of depth of
habitable
space
shall be provided behind each shopfront on the primary facade
. This ensures that the area behind shopfronts
is sufficient enough to be an actively used space.E.
Building wall materials and masonry detailing.
(1)
Building wall materials.
(a)
When materials are layered on a
facade
in horizontal bands, heavier materials (such as stone or masonry)
should be placed below lighter materials (such as wood siding).(b)
For buildings greater than three
stories
, the ground floor should be differentiated from those floors above
in order to reinforce the pedestrian space.(c)
Permitted finished building wall materials include: brick masonry,
stone or precast stone, stucco, horizontal lap siding (of wood or
composition board, such as HardiPlank®), pre-engineered metal and glass systems (for windows, doors, and
shopfront conditions).
(d)
Other siding materials may include metal or cementitious panels
for ornamentation and shall not be used as a principal building wall
material.
(e)
All siding materials shall incorporate vertical corner boards
on outside building corners. Corner boards shall be a minimum of three
nominal inches in width and a minimum of one inch thick.
(f)
Vinyl and aluminum siding are not permitted.
(g)
EIFS (Exterior Insulation and Finishing System), Styrofoam,
and all other foam-based products are not permitted.
(h)
All stucco surfaces shall have a smooth or sand finish, be hand-troweled
in texture, and painted. Sprayed on stucco finishes are prohibited.
(2) 
Figure 405.14.E.2.a
Headers: Stone Lintel (left) and Brick Jack Arch
(right)
Masonry detailing.
(a)
Headers. A header is the horizontal member (or assembly of members)
visibly spanning the top of an opening.
[1]
All openings in masonry construction should be spanned by a
header.
[2]
Permitted header forms shall be the lintel, arch, and jack arch.
Headers may be composed of more ornate moldings or pediments. The
header shall visually appear able to carry the wall load above.
[3]
Headers may be comprised of a variety of materials, including:
brick, stone, cast stone, wood, and metal. All headers on a building
shall be of a matching style and material.
[4]
Headers shall be wider than the opening they span.
(b)
Figure
405.14.E.2.b
Sills: Cast Concrete
(left) and Brick (right)
Sills. A sill is the horizontal member (or assembly of members)
at the base of a window or door opening.
[1]
All window and door openings in masonry construction shall have
a sill at their base.
[2]
Sills shall be generally rectangular in form and slope slightly
away from the opening to shed water.
[3]
Sills may be comprised of a variety of materials, including:
brick masonry, stone, cast stone, and concrete. All sills on a building
shall be of a matching style and material.
[4]
Sills should include a projection beyond the wall surface below.
Sills shall be slightly wider than the opening.
(c) 
Figure 405.14.E.2.c
Caps
Caps. A cap is the protective top layer of a masonry structure
exposed to weather from above, such as a wall or parapet.
[1]
A cap shall protect the tops of all masonry structures exposed
to the weather including:
garden walls
, stair treads, planter edges, parapets, and freestanding piers.[2]
Caps shall be comprised of stone, cast stone, brick, concrete,
slate, or other material determined by the
Planning
Administrator
or their designee to be of similar durability.[3]
The edges of caps may be rectangular or may be more ornate.
[4]
Caps should project past the edge of the masonry structure below.
F.
Figure
405.14.F
Attached and Detached
Liner Buildings
Required liner buildings. The character of some uses
of land, such as parking lots or structures, theaters, or grocery
stores, may preclude buildings from complying with the
facade transparency
requirements of § 405-14C(3), and detract from walkability of the surrounding area. Liner buildings
are required in the following
conditions:(1)
Liner buildings
are required to shield
the view of new parking areas in T4 and T5 areas as well as Historic
Districts; this shall apply to parking structures and to surface lots
larger than 5,000 square feet.(2)
Liner buildings
are required for new
buildings that cannot meet the facade transparency
requirements of § 405-14C(3).(3)
Required
liner buildings
shall be a minimum
of two stories
in height and 15 feet in depth, and shall meet the requirements of § 405-14C(3).(4)
Required
liner buildings
may be used
for any purpose allowed on the lot
on
which they are located.G.
Building details.
(1)
Doors and windows.
(a)
Figure
405.14.G.1
Vertical Window
Proportion. Left, vertical window opening (permitted); center, grouping
of vertically proportioned windows to fill a horizontal opening (permitted);
right, horizontally proportioned window (not permitted)
Principal entrances
of
every building shall directly face a street or public space. Public
space may include a central garden or courtyard when that public space
opens directly onto a street. Additional building entrances are permitted.(b)
In Historic Districts, windows and doors shall be vertically
proportioned. Window openings may be horizontally proportioned, but
only if composed of vertically proportioned windows grouped together
and each separated by a mullion, column, or wall section with a minimum
width of four inches. Horizontally proportioned transom windows are
permitted if part of an overall vertical composition.
(c)
Window and door openings in masonry
facades
should express a structural lintel above to express the conveyance
of building weight. (See masonry detailing). A similar method using
wood trim can be used on wood-clad facades
.(2)
Figure
405.14.G.2.a.I
Gabled roof
(left); Hipped roof (right)
Figure 405.14.G.2.a.ii
Hipped roof with parapet (left); flat
roof with parapet (right)
Figure 405.14.G.2.a.iii
Mansard Roof
Roofs and parapets.
(b)
The minimum slope for the primary roof area of a gabled or hip
roof shall be 3:12, and the maximum slope shall be 12:12 (not including
dormers, entry canopies, or similar accessory elements). The lower
slope on a gambrel or mansard roof shall be greater then 12:12; it
is historically appropriate for this slope to be close to vertical.
(c)
Gabled, hipped, gambrel and mansard roofs may either rise from
a projecting eave, or from behind a parapet. Artificial mansard roofs
applied to the front
facade
of a building
are prohibited.(d)
Visible gabled roof ends shall be symmetrically pitched.
(e)
Flat/shed roofs shall always be concealed behind a parapet.
(f)
The profile of parapets may be sculpted, with additional vertical
emphasis corresponding to a prominent facade fenestration center line.
(g)
A taller portion of a sculpted parapet may incorporate a signage
panel.
(3)
Figure
405.14.G.3
Small Footprint
Towers/Cupolas
Small footprint towers/cupolas.
Small footprint towers
and cupolas may be designed
to serve as visual landmarks and extend above the roof as follows:(4)
Figure
405.14.G.4.b
Vertical column
spacing. Left, vertically proportioned opening (permitted); center,
square opening (permitted); right, horizontally proportioned opening
(not permitted)
Columns.
(a)
All columns shall be either round or square in section.
(b)
All columns shall be spaced at regular intervals to the greatest
extent possible, and shall create openings which are square or vertically
proportioned. (See Figure 405.14.G.4.b.)
(c)
Columns should always support a structural spanning element,
such as a beam, arch, or entablature. (See Figure 405.14.G.4.c.)
(d)
Columns shall always be positioned so that the outside edge
of the beam, arch, or entablature above aligns with the neck of the
column. (See Figure 405.14.G.4.d.)
|
Figure 405.14.G.4.c
Columns Spanned by a Visually Structural Element
 |
|
Figure 405.14.G.4.d
Alignment of Column Neck and Face of Entablature. A projecting
cornice (as seen in Figure 405.14.G.4.c) could be included to shed
water, snow, and ice.
 |
(5)
Balconies.
(a)
Within Historic Districts, balconies are only permitted on new
construction or to replace a previously existing balcony.
(b)
Balconies shall protrude no more than six feet from the building
wall. Balconies may be inset or wholly within the main body of the
building.
(c)
All balconies shall be visibly supported from below by brackets
or another structurally implicit mechanism, or adjacent side walls
(if the balcony is inset within the main body of the building).
H. 
Figure 405.14.H
Building Height
Building height.
(1)
Overall
building height
shall be measured vertically
in stories
, from the average grade adjacent
to the front building facade to the eave of the roof or roof deck
(if flat).(2)
If the
first story
is required to be
elevated to meet minimum flood elevation standards, overall building height
shall be measured from such
elevation to the eave of the roof or roof deck (if flat).(3)
Measuring
stories
.(a)
A
story
is measured from finished
floor level to the surface of the floor or eave of the roof above. Stories
may not exceed 16 feet in height from
finished floor to finished floor, except for a first floor commercial
function in T5 and T4 Zones, which may be a maximum of 25 feet. Greater
ceiling height may be permitted, but such spaces will be counted as
two or more stories
.(b)
Cellars
, uninhabitable attics
, and underground parking shall not count
as a story
for the purposes of determining building height
.(c)
Mezzanines with a floor area less than or equal to 1/3 of the
floor area of the
story
above which they
are located shall not count as a story
in the building height measurement. Mezzanines with a floor area
greater than 1/3 of the floor area of the story
above which they are located shall count as an additional story
in the building height measurement.(4)
When building height allows for half-
stories
:(a)
The half-
story
is calculated as
the space under a sloping roof where the line of intersection of roof
decking and exterior wall face is no more than five feet above the
top floor level.(b)
Dormers, if present, shall not be individually more than 15
feet wide and collectively not more than 50% of the facade elevation
in length.
(5)
When a lot slopes downward from the front lot line, an additional
story
in addition to the maximum number allowed
is permitted only on the lower rear portion of the lot. (See Figure
405.14.H.)(6)
The following are permitted above the top
story
:(a)
Small footprint towers and cupolas may extend above the designated height limit as described in § 405-14G(3).
(b)
Nonhabitable roof structures, including chimneys, elevator penthouses,
rooftop mechanical equipment, railings, parapet walls, and similar
projections may exceed the building height limit, provided that such
structures do not exceed 10 feet above the eave of the roof or roof
deck (if flat).
I.
Garden walls, fences and screening. A
garden
wall
is a wall that defines the frontage
line
and/or the perimeter of a property. Garden walls
are encouraged along all unbuilt street rights-of-way
to shield views to parking, provide privacy to a side yard, and strengthen
the spatial definition of the public realm.(1)
General to
garden walls
and fences.(a)
All
garden walls
and fences along property lines
at public street rights-of-way
shall be a maximum of four feet in height.(b)
All walls or fences not along
property
lines
at public street rights-of-way, including walls or fences
along side (mid-block) and rear property lines, shall be a maximum
of eight feet in height.(c)
Any fence, wood, stockade, chain-link or any other type of fence
shall have the smooth side or finished side facing to the outside
of the property owner installing the fence. Fence posts shall be placed
on the inside of the fence.
(d)
Barbed wire, plastic slats, or plastic screening fabric is prohibited
for all uses except existing working waterfront or light and medium
industrial uses in SD-F Districts. Any barbed wire fencing shall be
subject to the approval of the Planning Board, which is authorized
to impose reasonable restrictions and limitations regarding height,
materials and facing.
(2)
Specific to
garden walls
along a right-of-way
.(a)
Garden walls
shall be constructed
of brick, stone, cast stone, or other masonry faced with stucco, or
may be constructed with iron, steel, or a combination of masonry,
iron and steel.(b)
When both the building walls and the
garden
walls
are faced with stucco, the finish and color shall be identical
on both.(c)
Garden walls
may include panels
of wood or metal, or hedges, between piers.(5)
Screening of mechanical equipment and service areas.
(a)
For the purposes of these standards, mechanical equipment shall
include any heating, ventilation, and air conditioning (HVAC) or electrical
machinery but also includes air compressors, hoods, mechanical pumps,
exterior water heaters, water softeners, utility and telephone company
transformers, meters or boxes, garbage cans, storage tanks, generators,
geothermal wells, and similar elements.
[1]
Mechanical equipment shall not be located on a front building
facade
where visible from streets and public
spaces.[2]
If mechanical equipment is located at grade, and is visible
from an adjacent street or sidewalk, it shall be screened by a fence
or
garden wall
. When equipment is taller
than the maximum height for garden walls
and fences, the height may be extended to match that of the mechanical
equipment with the approval of a minor waiver
. (See § 405-26F.)[3]
All mechanical equipment or penthouse screening to be placed
on the roof shall be set back from the roofline by a distance at least
equivalent to the height of the screening in order to minimize visibility
from surrounding streets.
(b)
Service areas, including loading docks, shall not be visible
from public streets, sidewalks, parks, or squares, but may be visible
from
alleys
. Specific to waste and recycling
service areas facilities:[1]
Driveways and aisles leading to waste and recycling service
areas shall be unobstructed.
[2]
All waste collections and recycling containers shall be enclosed
or screened so as not to be visible from the street
right-of-way
or other publicly accessible areas,
and shall be located on a concrete pad. The structure shall be enclosed
on all sides, one of which includes a gate or door that can be secured.[3]
The enclosures may not be located in any required front yard,
side street yard, required parking or landscape areas or any other
area required by law to be maintained.
[4]
The enclosure may consist of screen fencing of chain-link with
slats, solid wood, or masonry walls a minimum of one foot taller than
the container and no taller than eight feet.
[5]
Enclosures shall be maintained in a manner that protects adjacent
properties as well as tenants located on the subject property from
adverse environmental, health and safety impacts, such as noise, odors
and attraction of rodents or other pests. The receptacle shall be
covered by either a roof on the enclosure or covered receptacles.
J.
Lighting.
(1)
Lighting standards.
(a)
Lighting standards protect against glare, preserve the night
sky, and reduce unnecessary energy use from over lighting. The lower
Transect Zones (such as T1, T2 Zones) tend to be darker, while higher
levels of outdoor lighting may be more suitable in mixed-use areas
(such as T4, T5).
(b)
The standards in Table 405.14.J describe the desired general
ambient light levels across the Transect.
(c)
Light fixtures in the building
frontage
area shall be fully or partially shielded.[1]
"Fully shielded fixture" means an outdoor light fixture constructed
and mounted so that the installed fixture emits no light above the
horizontal plane. Fully shielded light fixtures must be shielded in
and of themselves. Surrounding structures, like canopies, are not
to be considered when determining if the fixture is fully shielded.
Fully shielded fixtures must be appropriately mounted so that the
shielding prevents light from escaping above the horizontal and all
light is directed downward.
[2]
"Partially shielded light fixture" means an outdoor light fixture
constructed and mounted so that the installed fixture emits some of
its light above the horizontal plane. Light emitted at or above the
horizontal plane (sideways or upwards) shall arise solely from incidental
decorative elements or strongly colored or diffusing materials, such
as colored glass or plastic. Fixtures using spot or flood lamps are
considered partially shielded if the lamps are aimed no higher than
45° above the vertical plane beneath the fixture.
|
Table 405.14.J
Lighting Standards
| |||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
T5
|
SD
|
T4
|
T3
|
T2
|
T1
|
SD
| |||||||||||
|
Standard
|
T5-MS
|
T5-F
|
T5N
|
SD-WMU
|
T4-MS
|
T4N-O
|
T4N
|
T3N-O
|
T3N
|
T3L
|
T2C
|
T1
|
SD-W
|
SD-C
|
SD-MF
|
SD-F
|
SD-1
|
|
Ambient light levels
|
Medium
|
Low
|
Very low
|
None
|
Medium/low
| ||||||||||||
|
Lighting level measured at the building
frontage shall not exceed: (footcandles) |
5.0
|
2.0
|
1.0
|
0.5
|
5.0
|
2.0
| |||||||||||
|
Required shielding
|
Partially shielded light fixture or better
|
Fully shielded light fixture or better
|
Partially shielded light fixture or better
| ||||||||||||||
(2)
Streetlighting. See street design standards [§ 405-22C(9)].
K.
Landscape standards.
(1)
Required landscaping.
(a)
All portions of improved multifamily and nonresidential properties
which are not used for buildings, structures, off-street parking and
loading, permitted
open storage
, driveways,
walkways or similar purposes shall be appropriately landscaped with
grass, shrubs, community gardens/pollinator gardens, trees and other
ground cover in such a manner as to minimize erosion and stormwater
runoff and to maintain or improve the aesthetics of such development.(b)
Landscape strips shall be provided in TxN, T3L, T2C, and SD
Districts where there are required setbacks of three feet or more
along side or rear
property lines
of multifamily
and nonresidential uses. Such landscape strips shall comply with the
following minimum standards as well as all applicable requirements
set forth elsewhere in this chapter:[1]
Said landscape strips shall be at least three feet wide and
include evergreen planting and other landscaping of such type, height,
spacing and arrangement as, in the judgment of the
Planning Administrator
or Planning Board (for major site plan
), will effectively screen the activity
on the lot from neighboring uses. New trees shall have a caliper of
not less than three inches from the base and shall be at least six
feet high when planted.[2]
Unless specifically required elsewhere in this chapter, an opaque wall or fence that meets the requirements of § 405-14I and approved by the
Planning Administrator
or Planning Board (for major site plan
) may be substituted for part or all of the required landscape strips.[3]
Where the existing topography and/or existing landscaping provides
adequate screening, or the size of the side or rear setback is 25
feet or greater, the
Planning Administrator
or Planning Board (for major site plan
) may waive or modify the planting and/or landscape requirements
of this chapter.(c)
In order to promote sustainable landscape practices, plant varieties
shall be selected for resistance to drought, moisture, salt, urban
conditions, or insects and other pests depending on the location of
landscaping and the specific stressors anticipated for different areas
of the
site
. Plants shall be selected
so that landscaping can be maintained with minimal care and the need
for watering, pesticides, or fertilizers can be minimized or eliminated.
Native species should be used when feasible; use of any nonnative
plantings shall require a written justification for the selection.
Tree species selection should reference available guidance from the
Kingston Tree Commission.(d)
Maintenance. All fences, trees, plantings, shrubbery or other
screening required by the Zoning Ordinance shall be maintained at
all times at least to the same quality required of said items at the
time they were initially installed.
(e)
Penalties. If, after 30 days' notice, such fences, trees,
plantings, shrubbery or other screening is not erected, replaced,
repaired or maintained by or on behalf of such owner, the City Council
may authorize the Department of Public Works to perform the necessary
work and provide for the assessment of all costs and expenses so incurred
by the City in connection with any action taken against the land on
which such screening facilities are located. The costs and expenses
so incurred shall be certified to the Tax Assessor and shall become
a municipal lien against the property.
(2)
Detention and retention areas. Detention and retention areas should
be designed without fencing and in a manner that does not call attention
to its storm management function.
A.
Purpose. The purpose of the Waterfront Overlay is to provide standards
for public access to the shoreline, protect future development from
flooding and sea level rise, and continue to support a distinct waterfront
area in the tidal waterfront areas of the Hudson River and Rondout
Creek and other local water bodies, as well as supplement the standards
of the SD-W District and implement the policies and purposes of the
City of Kingston Local Waterfront Revitalization Program (LWRP). Further,
it is the purpose of the Waterfront Overlay to provide opportunities
for permanent public views and access to the Hudson River and Rondout
Creek and to encourage the phasing out of certain uses which are incompatible
with and detract from the waterfront areas.
B.
Applicability: all areas within the Waterfront Overlay District boundary as identified on the Special Requirements Map (See § 405-3.) or as identified below.
C.
Public access.
(1)
Public access to and along the Hudson River or Rondout Creek shall
be incorporated into site design for new development in the Waterfront
Overlay as follows:
(a)
In the SD-WMU, public access is required within the waterfront
setback and at the terminus of perpendicular intersecting public
rights-of-way
along East Strand Street, Rondout Landing, or Abeel Street as described in the building form standards (§ 405-11B). Such access shall be in the form of a permanent easement or the granting of fee title to the City of Kingston.(b)
Outside of the SD-WMU, public access shall be incorporated into
the design of a
site plan
as approved
by the Planning Board. Public access shall include meaningful, permanent,
safe, and unhindered access to and along the dry, nonsubmerged waterfront
of the Hudson River or Rondout Creek for all members of the public,
with the intent to provide a continuous public access system to and
along the waterfront and/or public rights-of-way. A major waiver
may be approved if such access is infeasible due to site constraints or incompatible with the proposed use of the property. (See § 405-26F.)(c)
Public access walkways or trails shall connect to existing walkways
or trails on adjacent properties, and must connect to a public
right-of-way
. Public access walkways or trails
shall meet all requirements of the Americans with Disabilities Act.(d)
Required public access in the Waterfront Overlay may be regulated
by reasonable conditions in a management plan submitted by the applicant
and approved by the Planning Board as part of the final
site plan
approval.(e)
Public access requirements may be adjusted to the minimum extent
needed to avoid impacts to sensitive natural features, such as steep
slopes, exposed rock formations, sensitive habitats, wetlands, and
mature trees.
D.
Development standards.
(1)
All properties within the Waterfront Overlay are subject to the requirements of the Flood Hazard Overlay District. (See § 405-27 and the Special Requirement Map.) In addition, new development in the Waterfront Overlay shall have the lowest floor with residential uses and all mechanical equipment elevated to at least one foot above the design flood elevation. The design flood elevation shall be the 500-year floodplain.
(2)
Heavy industrial uses are prohibited in the Waterfront Overlay and
within 600 feet of Esopus Creek.
(3)
Open storage
of goods and raw materials
shall be screened from the public view with landscaping or fencing
to the greatest extent possible. Visual impacts associated with open storage
and other similar operations shall be minimized. Permitted fencing materials in the Waterfront Overlay include wood, metal, brick, and/or stone. See § 405-21N for additional standards. A minor waiver
for relief from this requirement may be approved if the goods and materials consist of cultural exhibits/displays or maritime attractions that positively contribute to the waterfront pedestrian setting. (See § 405-26F.)(4)
Due to their high visibility and public nature, building
facades
facing the Rondout Creek or Hudson River shall comply with architectural standards (§ 405-14) for facades facing streets
or public space.
Exceptions to the facade
composition requirements of § 405-14C for the portion of the building facade
below the first story may be granted
with approval of a minor waiver
. (See § 405-26F.) The approval of this exception shall require architectural articulation, landscaping or other appropriate screening that shields views of parking or blank walls at the ground level from the waterfront, streets
and pedestrian spaces.(5)
Construction or placement of any on-site sewage disposal system,
including individual sewage disposal systems, shall be prohibited
within the Waterfront Overlay and within 600 feet of Esopus Creek.
(6)
Loading and unloading operations at the docks shall be conducted
in a manner designed to minimize adverse effects on water quality,
fish and wildlife, vegetation, bank stabilization, water flow, and
permitted
uses
on adjoining property.(7)
Significant tree stands, or areas of contiguous mature trees greater
than 5,000 square feet in size where over half of the canopy is provided
by trees with a DBH greater than 18 inches, shall be preserved unless
otherwise diseased within the Waterfront Overlay and within 600 feet
of Esopus Creek. Every tree removed above 18 inches DBH shall be replaced
by trees with a total DBH equivalent to that of the removed tree.
(8)
The stockpiling or storage of road salt shall not be permitted as
a primary or
accessory use
within the
Waterfront Overlay and within 600 feet of Esopus Creek.(9)
Modification of, or interference with rock outcroppings or other
significant geologic features should be avoided or minimized through
use of pilings or other minimally invasive techniques.
(10)
Floodplains, banks and wetlands shall be preserved in their
natural state to the maximum possible extent practicable to protect
water retention, overflow and other natural functions within T1 and
T2 Districts within the Waterfront Overlay and within 600 feet of
Esopus Creek.
(11)
New development shall exhibit the use of best practices in sustainable
site design, recognizing the challenges of sea level rise within the
Waterfront Overlay and within 600 feet of Esopus Creek. This may include:
(a)
Nature-based shoreline stabilization and restoration techniques
should be utilized where feasible with future waterfront development.
Nature-based shorelines help protect against erosion, provide habitat
for aquatic species, improve water quality, and can outperform hardened
shorelines during storm events. Where nature-based shorelines are
not practical, bulkheads and other hardened shoreline designs may
be utilized.
(b)
Grading strategies to elevate development
sites
as well as nearby streets, sidewalks and other public
infrastructure should be explored where feasible. Strategies should
demonstrate consideration of impacts to surrounding parcels and that
the proposed improvements will enhance surroundings and not produce
adverse impacts.(c)
New development should be accompanied by new, enhanced or restored
natural areas, floodable parks, increased tree canopy or other natural
site features to increase resiliency.
A.
Purpose. The purpose of the parking standards is to encourage a balance
between pedestrian-oriented development and necessary vehicle storage.
The goal is to construct neither more nor less parking than is needed.
C.
Parking requirements.
(1)
Automobile parking shall be provided based upon the minimum and maximum
requirements for each Transect Zone in Table 405.16.C.1: Automobile
Parking Requirements Chart.
|
Table 405.16.C.1
Automobile Parking Requirements
| ||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
T5
|
SD
|
T4
|
T3
|
T2
|
SD
| |||||||||||
|
Building Use
|
T5-MS
|
T5-F
|
T5N
|
SD-WMU
|
T4-MS
|
T4N-O
|
T4N
|
T3N-O
|
T3N
|
T3L
|
T2C
|
SD-W
|
SD-C
|
SD-MF
|
SD-F
|
SD-I
|
|
Residential uses
|
No minimum; 2/dwelling maximum
|
No minimum; 3/dwelling maximum
|
1/dwelling unit minimum; 3/dwelling unit maximum
|
No minimum; no maximum
| ||||||||||||
|
Lodging uses
|
No minimum; 1.5/guest room maximum
|
No minimum; 2/guest room maximum
|
1/guest room minimum; 2/guest room maximum
| |||||||||||||
|
Commercial/civic uses
|
No minimum; 4/1,000 square feet maximum
|
1/1,000 square feet minimum; 4/1,000 square feet maximum
| ||||||||||||||
|
Industrial uses
| ||||||||||||||||
(a)
The maximum amount of parking permitted in a mixed-use development
(two or more
uses
on the same lot
) is calculated by adding the total number
of spaces permitted by each separate function. Exceptions to the maximum
parking limits may be granted by a major waiver
. (See § 405-26F.)(b)
Maximum parking requirements are intended to limit parking facility
size which impacts walkability and impervious ground cover, and shall
be applied to off-street parking lots and parking structures. Residential
uses with three or fewer units are exempt from this requirement.
(c)
In Special District areas (not including SD-WMU), minimum required
parking may be located off-street on the same
lot
as the use
it serves. Required
parking may also be located on-street or in an off-street common parking
lot, provided that the space is within 1/4 mile of the building's principal entrance
. The owner shall provide
a recorded parking agreement reflecting the arrangement with the other site
.(d)
Accessibility. All vehicle parking lots and parking structures
must conform to the Federal Americans with Disabilities Act (ADA),
and should conform to the Public Right-of-Way Accessibility Guidelines
(PROWAG). At least one accessible space shall be provided for all
development with four or more units. If no on-site parking area is
provided, required accessible parking may be located nearby on-street
or in a common parking lot, as approved by the
Planning Administrator
(for minor site
plans
) or Planning Board.(2)
Bicycle parking shall be provided in all Transect Zones per Table
405.16.C.2: Bicycle Parking Requirement Chart and subject to the two
subsections below.
|
Table 405.16.C.2
Bicycle Parking Requirements
| |
|---|---|
|
Building Use
|
Minimum Number of Spaces
|
|
Residential uses (buildings with 4 or more units)
|
2, or 1 for every 5 units, whichever is greater, up to a maximum
of 30
|
|
Nonresidential uses
|
No minimum requirement: 2, or 1 for every 2,500 square feet,
whichever is greater, up to a maximum of 30, is encouraged.
|
(a)
Anchors. All spaces provided shall include a metal anchor sufficient
to secure the bicycle frame when used in conjunction with a user-supplied
lock.
(b)
Location. Bicycle parking shall be located as close to a building's
principal entrance as the closest on-site automobile parking space.
Required bicycle parking may be located in the street
right-of-way
, within 600 feet of the building
entrance, with approval of the City Engineer.(3)
Parking supply and demand reduction strategy. A parking supply and
demand reduction strategy shall be prepared for major
site plan
projects that include principal building(s)
with a single building
footprint of 10,000 square feet or greater or a total gross floor
area that exceeds 50,000 square feet. The supply and parking demand
reduction strategy shall be approved by the Planning Board as part
of the major site plan
review process,
and include the following:(a)
A description of anticipated parking demand for the project,
and how the demand will be met, including:
(b)
A description of the strategies that will be employed to reduce
parking demand, including strategies to reduce single-occupancy vehicle
trips and vehicle miles traveled by site users, and strategies to
promote walking, cycling, ride sharing, and transit. Parking reduction
strategies may include, but are not limited to:
[1]
Walking, cycling, ride sharing, and transit promotion and education.
[2]
Shared parking arrangements.
[3]
Enhanced bicycle parking and services (above the minimum required).
[4]
Support for car-share and bike-share services and facilities.
[5]
Carpooling or vanpooling programs or benefits.
[6]
Free or subsidized transit passes, transit-to-work shuttles,
or enhanced transit facilities (such as bus shelters).
[7]
Guaranteed ride home (GRH) programs.
[8]
Provision for alternative work schedules (i.e., flextime, compressed
work week, staggered shifts, telecommuting).
[9]
Promotion of live near your work programs.
[10]
Roadway improvements adjacent to the site that
will encourage walking, cycling, ride sharing, and transit.
D.
Parking dimensional standards.
(1)
Standard car parking spaces and parking lot aisles shall comply with
the minimum dimension standards established in Table 405.16.D.1 (Minimum
Dimensional Requirements).
(2)
Dimensional adjustments. Reduction in dimensional standards shall
be subject to approval by the City Engineer.
|
Table 405.16.D.1
Minimum Dimensional Requirements
| ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Angle
|
Drive Aisle Width
(one-way)
|
Drive Aisle Width
(two-way)
|
Space Width
|
Space Length
| ||||||||
|
A
|
A
|
B
|
C
| |||||||||
|
(feet)
|
(feet)
|
(feet)
|
(feet)
| |||||||||
|
Parallel
|
12
|
20
|
81
|
20
| ||||||||
|
30°
|
12
|
24
|
9
|
20
| ||||||||
|
45°
|
13
|
24
|
9
|
20
| ||||||||
|
60°
|
18
|
24
|
9
|
18
| ||||||||
|
Perpendicular
|
24
|
24
|
8
|
18
| ||||||||
|
Tandem
|
24
|
24
|
8
|
36
| ||||||||
|
NOTE:
| ||||
|
1
|
Width of on-street parallel parking shall be determined by standards set forth in Article 5. The gutter may be included in the parking space width. (The width of lanes and parking spaces should be measured to face of curb.)
| |||
|
Figure 405.16.D
Parking Dimensional Standards
 |
E.
Parking location and access.
(1)
Except in Special District (SD) areas, off-street parking shall be
located behind the
principal facade
of
buildings whenever possible.(2)
Minimum
setbacks
for off-street surface
parking from all property lines
are provided
in the Transect Zone standards. Parking shall be accessed from rear alleys
or side streets whenever possible.(3)
Curb cuts. One curb cut is permitted per
lot
; an exception may be permitted as a minor
waiver
. (See § 405-26F.) Shared driveways between parcels are encouraged. Curb cuts are not permitted if an alley
is present. The maximum width of curb
cuts shall be 10 feet for one- to six-unit residential buildings and
20 feet for all other uses.(4)
Alleys
may be incorporated into parking
lots as standard drive aisles. Parking along alleys
may be perpendicular, diagonal, or parallel. Access
between parking lots across property lines
is encouraged.(5)
Corner
lots
that have both rear and side
access shall access parking through the rear. If no rear access exists,
access to on-lot parking shall be provided from the side street.(6)
If no
alley
or side street exists, then
efforts should be made to demonstrate an attempt to gain access across
neighboring properties.(7)
When access to rear parking must be directly from the
primary frontage
, driveways shall be located
along the sides of the property lines
and
designed such that pedestrians crossing on sidewalks always have the
right-of-way.F.
Parking lot landscape standards.
(1)
The landscaping requirements in this section are intended to provide
a set of standards toward reducing the visual impacts of large areas
of pavement, improving the overall environment of parking areas by
providing areas for shade and heat reduction, and enhancing the overall
aesthetic appeal of parking areas.
(a)
Developments with proposed parking areas of six spaces or more
shall provide a minimum of 10% of landscaped
open space
within the area designated for parking inclusive
of any landscaped borders surrounding the parking lot.(b)
The ends of parking aisles in surface lots that are more than
15 spaces in length shall incorporate landscape planting areas at
either end of the row. Each planting area shall include at least one
tree. Where the length of a parking aisle exceeds 25 spaces, additional
landscaped planting areas shall be installed at regular intervals.
This interval shall not be more than every 13 spaces. The width of
landscaped planting areas perpendicular to adjacent spaces shall be
no less than six feet. The use of green infrastructure to aid in stormwater
management is encouraged for parking lots. Bioswales, rain gardens,
tree planting pits, and other similar features can be included in
the landscape planting area space requirement. Green stormwater infrastructure
can be designed to capture sheet flow from adjacent surfaces through
gaps in curbs.
(c)
Parking lot screening requirements.
[1]
Surface parking lot entrances shall be landscaped with a combination
of trees, shrubs, walls, and other landscape features. No trees, shrubs,
fences, walls, or other landscape feature shall be planted in a manner
to obstruct sight lines of motorists.
[2]
A
streetscreen
is a freestanding
wall, fence, hedge or planter built along the frontage line, or coplanar
with the facade, for the purpose of masking a parking lot from view
of pedestrians on the street. A streetscreen
is encouraged for all surface parking lots visible from a street
or public space; a streetscreen
is required
for surface parking lots in T5MS or T5N Districts, or for a surface
parking lot located 10 feet or less from a right-of-way
.[a]
All
streetscreens
along property lines
at public street rights-of-way shall be a minimum of three feet and a maximum of four feet in height, and shall comply with the standards in § 405-14I.[b]
Streetscreens
shall
have openings no larger than necessary to allow automobile and pedestrian
access.[c]
Streetscreens
shall
not be permitted in the right-of-way
.A.
Purpose. The purpose of this section is to regulate and control the
location, size, type and design of existing and proposed signs in
order to:
(1)
Eliminate and prevent the erection of signs that cause distractions
or obstructions that create hazards to traffic safety.
(2)
Prevent dangers to public safety from unsafe, improperly constructed
or located signs.
(3)
Enhance and protect the City's physical appearance and property
values.
(4)
Encourage the most effective and functional use of signs as directional,
informational and advertising devices.
(5)
Preserve the historic and architectural heritage of the City.
(6)
Enhance the City's ability to attract sources of economic development
and growth.
B.
Applicability. The standards of this section apply to all signs unless listed as exempt. Signs regulated by this section shall not be erected or displayed unless a building permit is obtained. (See sign permits, § 405-26E.)
C.
Exempt signs. The following signs do not require a permit:
(1)
Memorial plaques, cornerstones, historical tablets and the like.
(2)
Signs not visible from outside the
lot
upon which they are situated.(3)
Nameplates which do not in total exceed three square feet on one
property.
(4)
Identification signs posted in conjunction with doorbells or mailboxes,
not exceeding a total of 30 square inches in surface area.
(5)
Not more than one address sign, with a surface area of two square
feet or less, per street
frontage
, which
indicates the numerical address (in numbers or script) of the premises
on which it is situated and the name of the occupant.(6)
One sign advertising the sale, lease or rental of the premises upon
which it is located, which shall not exceed four square feet and,
if freestanding, shall not be located nearer than 15 feet to a
street
or property line
.(7)
Cautionary, directional, regulatory, warning or informational signs
of a noncommercial nature, which are in the public interest, such
as, but not limited to, "danger," "no trespassing," "exit," "entrance,"
"parking," "one-way," "no entrance," etc. Such signs shall not exceed
two square feet each.
D.
General regulations and restrictions. The following general regulations
and restrictions shall apply in all districts:
(2)
Constant illumination shall be permitted, provided that the illumination
shall be concentrated upon the area of the sign so as to prevent direct
glare upon the street or adjacent property.
(3)
Except for clocks and customary time and temperature devices, no
sign shall contain intermittent, moving or flashing illumination.
(4)
Signs with visible moving, flashing, revolving or rotating parts
are prohibited.
(5)
Electronic message/LED display signs are prohibited in Historic Districts; see § 405-17I for additional standards.
(6)
No sign shall be erected in such a manner as to obstruct free and
clear vision for drivers; interfere with, mislead or confuse traffic;
or be located where, by reason of its position, shape or color such
sign may interfere with, obstruct the view of or be confused with
any authorized traffic sign, signal or device by making use of the
words "STOP," "LOOK," "DANGER" or any other word, phrase, symbol or
character or red, green or amber illumination or reflection.
(7)
Mobile signs
shall be permitted upon
submission by the owner of the sign of an application for a temporary
permit. However, if located anywhere within a lot or premises in a
T1, T2C, T3L, T3N or T4N District for seven consecutive days or any
15 days within the same calendar year or in any other district for
30 consecutive days or 45 days within the same calendar year, such
sign shall be subject to all provisions of this chapter, including
those as to size, location, illumination and construction, as if they
were permanent.(8)
The following nonilluminated signs may be permitted in all Transect
Zones, limited as follows:
(a)
One nameplate or professional sign with an area of not over
three square feet.
(b)
One sign advertising the sale or rental of the premises on which
such sign is situated, with an area of not over four square feet,
provided that such sign is located on the front wall of a building
or, if freestanding, then not nearer than 15 feet to any street or
property line
.(c)
One bulletin board or other announcement sign for educational
or religious institutions with an area of not over 24 square feet.
E.
Pedestrian-oriented signs. The following sign standards shall apply
to commercial uses in the T5, T4, T3, SD-WMU Districts, and may apply
to SD-C Districts.
(1)
General requirements.
(a)
The maximum total signage area allocated for each building shall
be two square feet per linear foot of street-facing building
facade
along a street
frontage
.(b)
Buildings with a rear public entrance are allowed one flat wall
sign not to exceed 60 square feet to be placed at the rear entrance.
(c)
Signs shall not obscure architectural details of the building.
(2)
Materials. All permanent, on-premises signs maybe be constructed
of a rigid, weatherable material, such as wood (painted or natural);
metal (copper, brass, aluminum, galvanized steel); painted/engraved
directly on facade surface; glass; or hard plastic. Canvas may be
used for awning material. Vinyl may be used for window signs.
(3)
Signage that does not fit the specific regulations of this section
may be approved as a
minor waiver
, based
on its merits as it relates to the unique architectural qualities
of a building, a building's historical significance, a building's
civic or institutional use
, civic prominence,
or unique configuration of existing conditions of a building, and
the quality of design, construction, and durability of the sign.(4)
Lighting and illumination.
(a)
Signs shall be externally lit from the front. Backlighting is permitted only for individual letters or numbers (Panelized backlighting is prohibited.), except for marquee signs or for electronic signs that meet the requirements of § 405-17I.
(b)
External light sources used to illuminate signs shall be placed
close to, and directed onto the sign, and shielded to minimize glare
onto adjacent properties.
(5)
Pedestrian-oriented sign standards.
(a)
Wall signs.
[1]
Description. A wall sign is a building sign that is attached
flat to, mounted away from but parallel to, or painted on the building
facade.
 |
Area (maximum)
|
60 square feet
|
|
Thickness (maximum)
|
12 inches
| |
|
Quantity
|
1 per shopfront
|
[2]
One wall sign is permitted per each street-facing building frontage.
[3]
Wall signs shall either be located above the storefront or at
least 12 inches from any eave, edge of building, or top of parapet.
[4]
Wall signs must not project more than 12 inches from the building
face.
(b)
Projecting signs.
[1]
Description. A projecting sign is a type of building sign that
projects outward from the
facade
, typically
at an angle of 90°.
 |
Area (maximum)
|
12 square feet
|
|
Thickness (maximum)
|
18 inches
| |
|
Height (maximum)
|
6 feet
| |
|
Width (maximum)
|
5 feet
| |
|
Quantity
|
1 per shopfront
|
[2]
Only one projecting sign up to 12 square feet is permitted per
street-facing building front. Projecting signs mounted at the corner
count for both street frontage/building elevations.
[3]
Multiple projecting signs of six square feet or less are permitted
on one building side, but must be located below the second
story
windowsill.[4]
Maximum distance from building wall to sign must not exceed
one foot six inches.
[5]
Projecting signs shall not extend more than five feet from the
building wall and within two feet of the curbline.
[6]
Maximum height of a projecting sign shall be no greater than
six feet and extend no more than four feet above the eave or parapet
of building.
[7]
Signs must be stabilized so as not to swing.
[8]
Signs must have a minimum clearance from the sidewalk of eight
feet.
[9]
A projecting marquee sign is a type of projecting sign used
to mark a landmark
building
, such as a
theater, hotel, or assembly hall, and may be permitted to exceed the
area/size limits of this section with a minor
waiver
. A projecting marquee sign is a vertical sign located
either along the building
face, where
it projects perpendicular to the facade
, or at the corner of the building
, where
it projects at an angle of 45°. Projecting marquee signs often
have neon lettering in conjunction with painted lettering; one projecting
marquee sign is permitted per building
.(c)
Marquee signs.
[1]
Description. A marquee is a sign attached to the top or the
face of a permanent roof-like structure constructed over a ground
floor main entrance.
 |
Width (maximum)
|
100% of the building entrance, plus 5 feet on either side
|
|
Height (maximum)
|
8 feet
| |
|
Quantity
|
1 per building
|
[2]
One marquee sign is permitted per
building
. A projecting marquee sign may be located above or on the same building
.[3]
A marquee sign may be erected over a main entrance only, and
may be no wider than the entrance over which it is erected, plus five
feet on each side.
[4]
A marquee sign should be supported solely by the
building
to which it is attached, and is often
lit from within.[5]
Marquee signs must have a minimum clearance from the sidewalk
of 12 feet.
(d)
Hanging signs.
[1]
Description. A hanging sign is typically attached to the underside
of a soffit or awning, or projects outward, typically at an angle
of 90°, and hangs from a bracket or support that is located over
or near a building entrance.
 |
Area (maximum)
|
10 square feet
|
|
Thickness (maximum)
|
6 inches
| |
|
Height (maximum)
|
3 feet
| |
|
Width (maximum)
|
4 feet
| |
|
Quantity
|
1 per shopfront
|
[2]
One sign per shopfront allowed.
[3]
Signs shall not exceed 10 square feet in area and shall have
an eight-foot minimum clearance from the sidewalk.
[4]
Hanging signs cannot exceed four feet in width and six inches
in thickness.
[5]
Hanging signs should be mounted so that they do not swing.
(e)
Awning signs.
[1]
Description. An awning sign is a type of building sign where
graphics and symbols are painted, sewn, or otherwise adhered to the
awning material as an integrated part of the awning itself.
 |
Width (maximum)
|
75% of awning valence
|
|
Quantity
|
1 per shopfront
|
[2]
A maximum of one sign is allowed per shopfront, and the area
must not cover more than 75% of the awning valence.
[3]
An awning sign may only be externally illuminated.
(f)
Canopy signs.
[1]
Description. A canopy sign is a type of building sign that is
attached above, below, or to the face of a canopy.
 |
Thickness (maximum)
|
9 inches
|
|
Height (maximum)
|
2 feet
| |
|
Width (maximum)
|
75% of canopy width
| |
|
Quantity
|
1 per shopfront
|
[2]
Canopy signs are limited to a maximum of one sign per canopy
face.
[3]
Signs must not extend outside the length or width of the canopy
and must not cover more than 75% of the canopy length or width.
[4]
Depth of canopy signs must not exceed nine inches.
[5]
Exposed raceways must not extend above the of the letters.
[6]
Cabinet signs are not permitted on canopy signs.
(h)
Sidewalk signs.
[1]
Description. Temporary sidewalk signs, such as A-frame sandwich
boards, are signs placed within the public sidewalk, displayed by
retailers, restaurants, and cafes to advertise food or products sold
within a business.
 |
Area (maximum)
|
8 square feet
|
|
Height (maximum)
|
4 feet
| |
|
Quantity
|
1 per shopfront
|
[2]
Sidewalk signs shall be no larger than eight square feet per
face and four feet in height.
[3]
Sidewalk signs shall be of quality design, materials and workmanship,
both to ensure the safety and convenience of users, and to enhance
the visual and aesthetic quality of the urban environment.
[4]
Sidewalk signs are permitted on the public sidewalk adjacent
to a business, must maintain a clear sidewalk path of a minimum dimension
of five feet, and must be removed from the sidewalk when the establishment
is closed for business.
[5]
The number of signs shall be limited to one per sidewalk per
street-level business frontage.
[6]
Sidewalk signs shall not be placed within three feet of an adjacent
property line.
[7]
Sidewalk signs shall be appropriately secured and anchored in
place in a manner suitable to the Department of Public Works.
F.
Roof signs.
(1)
One
roof sign
shall be permitted only
on a one-story
building located in the
SD-C Commercial Districts.(2)
Roof signs
shall not exceed an area of
30 square feet per sign face. A second roof
sign
may be permitted, subject to review and approval by the
Planning Board.(3)
The bottom of a
roof sign
shall be no
higher than two feet above the top of the building wall closest to
and parallel to the sign. The total height of the sign shall not exceed
six feet.G.
Freestanding signs.
(1)
Where a building is set back at least 20 feet from the street, one
freestanding sign
shall be permitted on each frontage
of a property on a public street.
However, not more than one such sign shall be located within 200 feet
of the same intersection. No part of any freestanding sign or its
support shall be located within six feet of any building or extend
beyond any street line.(2)
Freestanding signs
are prohibited in
the T3, T4, T5 and SD-WMU Transect Zones.(3)
The area of
freestanding signs
shall
not exceed the following:(a)
SD-C: 50 square feet, except that signs with an area between
50 and 100 square feet may be permitted upon review and approval by
the Planning Board.
(b)
SD-F: 50 square feet.
(c)
Shopping centers. A shopping center with a contiguous area of
25 acres or more, in single ownership, in which all buildings are
set back at least 100 feet from a public street, shall be permitted
the following signs in addition to all others permitted herein:
(4)
No part of any freestanding sign shall be located higher than 20
feet above grade.
H.
Iconic signs.
Iconic signs
, such as barber
poles, eyeglasses, mortar and pestle, etc., which are traditional
in nature, shall be permitted as long as they comply with the otherwise
applicable regulations pertaining to size and location herein.I.
Electronic signs.
(1)
Electronic signs
are permitted in SD-C Districts; the design standards of §§ 405-17I(3) through (10) shall apply.(2)
Electronic signs
are prohibited in Historic
Districts, as well as in T1, T2, T3, T4N, and T5N Transect Zones. Electronic signs
may be permitted in T5MS,
T5F, T4MS, T4N-O, and SD-WMU with the following limits:(a)
Signs
shall be mounted to the building
facade; freestanding monument signs
are
prohibited.(b)
Panelized
signs
shall be limited
to a maximum size of nine square feet.(c)
The design standards of §§ 405-17I(3) through 405-17I(10) shall apply.
(3)
If a sign is greater than nine square feet, no more than 50% of the
total square footage may be devoted to
electronic
signage
.(4)
Only one
electronic sign
may be permitted
per building, and a minimum distance of 500 feet shall be required
between one electronic sign
and another electronic sign
.(5)
Electronic signage
shall contain a static
message only and shall not have movement, or the appearance or the
illusion of movement, of any part of the sign structure, design, or
pictorial segment of the sign, including the movement or any appearance
of movement of any illumination or the flashing, scintillating, or
varying of light intensity.(6)
Electronic signs
shall not exceed a brightness
level of 0.3 footcandle above ambient light as measured at the nearest
property line, and the illumination shall be in a manner which avoids
glare or reflection which in any way interferes with traffic safety.(7)
All
electronic signs
shall have and utilize
the following technology:(a)
An ambient light monitor with automatic dimming technology which
shall continuously monitor and automatically adjust the brightness
level of the display based on ambient light conditions consistent
with the terms of this article. Certification must be provided to
the City demonstrating that the sign has been preset to automatically
adjust the brightness to these levels or lower. Reinspection and recalibration
may be periodically required by the City in its reasonable discretion,
at the owner's expense, to ensure that the specified brightness levels
are maintained at all times.
(b)
A default mechanism that will cause the sign to revert immediately
to black screen if the sign malfunctions.
(8)
With the exception of time-and-temperature messages, any
electronic sign
message or electronic picture
shall be displayed for no less than five minutes without change.(9)
Any change of message shall be completed with a transition period
of one second or less, without pauses, and all parts of the message
shall change simultaneously.
(10)
Electronic signs
shall not include
any audio message or generated sounds.(11)
Enforcement. To assure that light emanating from any
electronic sign
does not adversely affect neighboring
properties or visually interfere with motorists, pedestrians and neighboring
property owners, the Building Safety Officer
or their designee shall have the authority to require changes to
any electronic sign
that, in the opinion
of the Building Safety Officer
, is malfunctioning
or operated in a manner that causes or creates excessive glare or
intensity of light, visual interference or blind spots. Such changes
may include, but are not limited to, requiring that the electronic sign
be turned off, or requiring
the installation of lower wattage bulbs, or requiring that the device
be fitted with shields to deflect light, or such other changes as
may be required to eliminate the offending condition. Failure to implement
the changes as directed by the Building Safety
Officer
shall be a violation of this section, and of any permit
or approval granted under this section.(12)
Preexisting
electronic signs
. An electronic sign
installed with a sign permit
prior to the effective date of the adoption of this chapter is permitted
to remain until the sign is replaced; provided however, that such
sign shall conform to the requirements of this subsection if these
requirements can be complied with without replacing the sign. A preexisting electronic sign
is required to comply with
all sign regulations that were in effect at the time the sign permit
was issued.(13)
Nonconforming
electronic signs
.
Nonconforming electronic signs
shall be
brought into conformity with this Code no later than six months from
the date of adoption of this section.J.
Temporary signs. The erection, installation or maintenance of
temporary signs
, as defined herein, is hereby
prohibited, except for the following:(1)
A
temporary sign
, not exceeding 15 square
feet in area, which is erected by a municipal, charitable, political
or nonprofit organization is permitted for a period not to exceed
30 days.(2)
A single
temporary sign
, not exceeding
32 square feet in area, which announces anticipated occupancy of a site
or building or identifies the contractors,
architects, engineers, etc., on a building under construction shall
be permitted until a building is completed and a certificate of occupancy
is issued.(3)
Banners for special announcements, such as grand openings for businesses,
with a limit of 30 days may be placed on the exterior of any building.
All banners must be dated. All other
temporary
signs
made of cardboard, paper, canvas or similar impermanent
materials may not be placed on the exterior of any building.(4)
Billboards
. Billboards
shall be permitted in existing billboard
locations in SD-C Districts, provided that they consist of signs
of an area of not more than 325 square feet, excluding supports, which
shall be at least six feet from all property boundaries of the property
on which they are erected. No new billboard
locations shall be permitted.K.
Unsafe, abandoned and unlawful signs.
(1)
Upon a finding by the
Building Safety Officer
that any sign regulated herein is unsafe or insecure or is a menace
to the public or has been erected in violation of the provisions of
this chapter or advertises, identifies or pertains to an activity
no longer in existence, except as provided hereinafter, the Building Safety Officer
shall give written
notice to the permittee thereof. This provision shall not apply to
seasonal activities during the regular period in which they are closed.(2)
If the permittee fails to remove or alter the
sign
so as to comply with the standards herein set forth within
14 days after such notice, such sign may be removed or altered to
comply by the Building Safety Officer
at
the expense of the permittee or owner of the property on which it
is located. The Building Safety Officer
shall refuse to issue a permit to any permittee or owner who refuses
to pay the costs so assessed. The Building Safety
Officer
may cause any sign which is an immediate peril to persons
or property to be removed summarily and without notice.L.
Existing signs and nonconforming signs.
(1)
Any existing sign that was in place prior to the date of adoption
of this chapter shall be subject to the following requirements:
(a)
The
Building Safety Officer
may
review any preexisting sign and determine whether the sign conforms
to the requirements of this chapter.(b)
Where a sign was constructed prior to the adoption of this chapter
and was conforming to the existing ordinance at that time or was to
have been granted and still is entitled to a legally valid variance
and upon a determination that the existing sign is in good condition
and does not pose any safety hazards, it shall be considered a conforming
sign.
(2)
A sign preexisting the date of adoption of this chapter, and determined to be nonconforming in accordance with Subsection L(1) above, shall not be physically altered. The relettering, painting or decorating of such sign shall be permitted, but any such sign, once removed for purposes other than relettering, painting or decorating, shall be deemed permanently removed and may be replaced only in accordance with the provisions of this chapter.
M.
Design guidelines. The following additional design guidelines shall
be used by the
Planning Administrator
or
Planning Board (for major site plans
)
and Landmark Preservation Commission in those cases where their review
and approval of proposed signs is required. Application of the guidelines
shall consider the specific sign location and the character of the
area in which it is proposed.(1)
Signs mounted on buildings should not cover openings or architectural
details and should be located within areas designed to house signs,
if such exist.
(2)
Signs should be located no higher above the ground than is necessary
for viewing from adjacent streets. When freestanding signage is being
considered, monument style signage should be encouraged over pole
style, if plausible.
(3)
Signs should be of regular shape and should be designed with respect
to the shape and proportion of the space within which they will be
located and the
facade
to which they will
be applied.(4)
The size of signs should relate to the vantage point of the intended
observer and the length of time available for viewing; signs intended
for pedestrians on the sidewalk need not be as large as those to be
seen from passing cars.
(5)
Signs should include the minimum information necessary to convey
the intended message so as to avoid clutter and confusion.
(6)
Multiple signs should be avoided where practical.
(7)
A sign should not obstruct or impair the visual effectiveness of
neighboring signs.
(8)
Colors and materials which are discordant with the general character
of the adjacent area should be avoided.
(9)
Generally, signs on the same building should be placed within the
same horizontal band and be of similar height.
(10)
Wherever possible, signs should be integrated with fences, walls
or buildings rather than freestanding.
(11)
Sign material should be durable and require little maintenance.
(12)
Signs should be subordinate to the streetscape.
(13)
Signs in a particular area should create a unifying element
and exhibit visual continuity.
(14)
Where establishments share a parcel or zoning
lot
, a master sign plan should be prepared
which addresses visual unity, shape, color, materials, type of lettering
and signage.N.
Pike Plan canopy design standards.
(1)
These guidelines shall apply only to businesses which occupy the
ground or street levels of the buildings in the area where the Pike
Plan canopies are present.
(2)
Each business shall be entitled to two signs to identify and locate
its establishment: one on the front of the canopy parallel to the
street, and one under the canopy perpendicular to the street.
(3)
Flashing, moving, or intermittently illuminated signs or advertising
signs are prohibited.
(4)
No internally lighted or neon signs are permitted.
(5)
Minimum and maximum distances and dimensions are graphically displayed
below.
|
Figure 405.21.N
Pike Plan Canopy Design Standards
 |
A.
Introduction to accessory dwelling units. An
accessory dwelling unit
(ADU) is a dwelling
unit
of limited size that is on the same lot
as a primary dwelling unit
.
ADUs can be located within the main structure or in an accessory building
. ADUs must comply with all
the requirements of the Building Code. ADUs benefit the City as a
whole by increasing affordable and flexible housing options. ADUs
also provide direct benefits to nearby property owners and surrounding
neighborhoods. They afford property owners opportunities to generate
income through leasing, thereby increasing property value while keeping
property ownership viable for homeowners on fixed or limited incomes.
ADUs also promote community stability by providing independent living
space for a property owner's adult family members or caregivers,
increasing opportunities for homeowners to age in place and maintain
multigenerational family living arrangements.B.
ADU requirements.
(1)
The ADU may not be sold separately from the primary unit and must
be located on the same
lot
.(2)
ADUs may be incorporated within or added onto an existing house,
garage, or other permitted structure (attached ADU), or may be built
as a separate, detached structure (detached ADU).
(3)
Attached ADUs are subject to regulations for primary structures in
the underlying Transect Zone (
setback
, building height
, etc).(4)
Detached ADUs are subject to regulations for
accessory structures
in the underlying Transect Zone.(5)
Mobile homes
, trailers
, or other wheeled and transportable structures may not be used as
ADUs. Modular homes
or tiny homes that
are built to Building Code standards, and not on wheels, may be used
as ADUs.(6)
The maximum size of an attached ADU is 1,000 square feet; and the
ADU shall be less than 50% of the square footage of the primary unit.
The maximum size of a detached ADU is 1,000 square feet.
(7)
An existing
accessory structure
whose
height or setbacks
do not meet the requirements
of a dwelling in its zone district may be converted into an ADU, but
the structure may not be altered in any way that increases the noncompliance.(8)
ADUs are permitted within
carriage house
, detached house, duplex, and rowhouse building types as described in § 405-12.(9)
Home occupations
may be permitted in
an ADU.(10)
No parking is required for an ADU.
(11)
Short-term rentals
are not permitted
in an ADU.A.
Affordable housing requirements.
(1)
All development shall comply, at a minimum, with the following requirements
for affordable housing:
(a)
In any development (including new buildings, substantial rehabilitation
of existing structures, adaptive reuse of conversion of a nonresidential
use to a residential use, or any combination of these elements) that
includes seven or more overall rental housing units, a portion of
the units shall be dedicated to
affordable housing
units
, as described in Table 405.19:|
Table 405.19
Affordable Housing
| |||
|---|---|---|---|
|
Type of Housing
|
Project Size
(number of units)
|
Required Affordable/Workforce Housing Units
|
Maximum Rent
|
|
Rental units
|
7 to 19
|
10% minimum
affordable housing units |
The monthly rent, including utilities, shall not exceed 30%
of the figure that represents 80% of AMI.
|
|
20 to 49
|
10% minimum
affordable housing units ; and
|
The monthly rent, including utilities, shall not exceed 30%
of the figure that represents 80% of AMI.
| |
|
5% minimum
workforce housing units |
The monthly rent, including utilities, shall not exceed 30%
of the figure that represents 120% of AMI.
| ||
|
50 or more
|
10% minimum
affordable housing units ;and
|
The monthly rent, including utilities, shall not exceed 30%
of the figure that represents 80% of AMI.
| |
|
10% minimum
workforce housing units |
The monthly rent, including utilities shall not exceed 30% of
the figure that represents 120% of AMI.
| ||
|
Bonus height incentive (any number of units)
See § 405-20.
|
At least 50% of the area of each bonus story, and 20% minimum
of the total units shall be
affordable housing
units |
The monthly rent, including utilities, shall not exceed 30%
of the figure that represents 80% of AMI.
| |
[1]
The affordable housing requirement may be satisfied through
one of the following methods:
[b]
Payment in lieu as described in § 405-19A(1)(h).
(b)
Required
affordable
or workforce housing units
are the percentage
of total units in the development. When calculating required units,
any fraction at or above 0.5 shall be rounded up to the nearest whole
number, and any fraction below 0.5 shall be rounded down. For example,
projects with seven to nine total dwelling units
will provide one affordable housing unit
.(c)
The maximum rent for an
affordable
or workforce housing unit
is based on
current area median income (AMI), as defined and updated by the United
States Department of Housing and Urban Development (HUD) with adjustment
for household size.(d)
Eligible households.
[1]
Affordable housing unit
: a household
whose aggregate gross annual income, including the total of all current
annual income of members residing in the household from any source
whatsoever at the time of application (excluding the earnings of working
household members of 21 years of age or younger who are full-time
students), does not exceed 80% of the area median income for the actual
size of the household [based on the United States Census and as updated
by the Department of Housing and Urban Development (HUD)], and which
household can afford the maximum rent specified in Table 405.19.[2]
Workforce housing unit
: a household
whose aggregate gross annual income, including the total of all current
annual income of members residing in the household from any source
whatsoever at the time of application (excluding the earnings of working
household members of 21 years of age or younger who are full-time
students), does not exceed 120% of the area median income for the
actual size of the household [based on the United States Census and
as updated by the Department of Housing and Urban Development (HUD)],
and which household can afford the maximum rent as specified in Table
405.19.(e)
Affordable or workforce housing units
shall be dispersed throughout the proposed development and shall
be indistinguishable from market-rate units in design, access, appearance,
construction, and quality of materials, as determined by the Planning Administrator
(for minor site plans
) or the Planning Board (for major site plans
).(f)
Projects shall not be segmented or phased to avoid compliance
with these provisions. In cases where projects are completed in phases,
affordable or workforce housing units
shall
be provided concurrently with and in proportion to the development
of market rent units. For projects with 20 or more units, the proportionate
amounts of affordable housing units
defined
by size and number of bedrooms within the total amount of affordable housing units
shall be similar to
the proportionate amounts of non-affordable
housing units
defined by size and number of bedrooms within
the total amount of non-affordable housing units
in the project.(g)
Affordable or workforce housing units
shall continue to comply with the criteria set forth herein for
the length of time that the building in question contains residential
units.(h)
Payment in lieu. The City of Kingston Common Council will adopt
criteria setting forth the parameters that the Council will use to
consider a request for a payment in lieu of providing
affordable
and workforce
housing units
. Once these criteria are adopted, a developer
may request to make a payment in lieu of providing on-site affordable
and workforce
housing units
. Authorization for a payment in lieu will be subject
to the discretion of the Common Council. The per-unit fee shall be
set in a fee schedule established by resolution of the Common Council.
The fee, which is due prior to the issuance of a certificate of occupancy,
will be deposited into an Affordable Housing Fund. The City of Kingston
Common Council will adopt criteria setting forth the parameters for
how the Affordable Housing Fund will be administered.B.
Administration.
(1)
Rental units.
(a)
Final choice to offer tenancy to occupy the
affordable or workforce housing units
lies with the owners
of the property or their representatives.(b)
Prior to the entry of an agreement to rent an
affordable or workforce housing unit
, and throughout
the tenancy, property owners are required to secure and maintain current
documentation which establishes the eligibility of the potential tenant
for said affordable housing unit. Such documentation shall include
written verification of income. Continued eligibility shall be monitored
by the property owner, and tenants shall be required to submit documentation
on a yearly basis throughout the occupancy; eligibility shall allow
for a 20% increase in annual income based on the gross household income
originally held by the tenant while occupying the unit.(c)
Property owners shall make all documents and records outlined
herein available to the City of Kingston upon request. The City of
Kingston reserves the right to review and audit these records to confirm
compliance with the provisions set forth herein.
(2)
The deed, certificate of occupancy and/or rental agreement, as appropriate,
for each
affordable or workforce housing unit
shall contain language, satisfactory to the City of Kingston Corporation
Counsel in form and substance, which states that the subject dwelling
is an affordable or workforce housing unit
as defined in § 405-19, and is subject to all restrictions and limitations as set forth therein.(3)
Approval process.
(a)
Any
site plan
approval which includes
seven or more units shall include compliance with these requirements.(b)
In calculating whether a covered development contains a total
of seven or more dwelling units for the purposes of this section,
the development includes all land at one location on a single tax
parcel or adjacent tax parcels owned or controlled by the applicant.
If an applicant submits approval requests for subdivision plans, site
plans, or building permits that result in six or fewer units, they
shall not avoid the requirements of this section. Approval of the
application shall be subject to the condition that any future application
on said property will be subject to this section. This condition shall
be noted on the initial application and subject to a deed restriction
to be filed on the official land records of the property.
(c)
The failure to comply with these requirements, upon notice,
may result in the revocation of
site plan
approval. Any request to revoke site plan
approval as the result of the failure to comply with the provisions
of this section shall be made on notice to the property owner who
shall be afforded a full and fair opportunity to be heard regarding
the request before the City of Kingston Planning Board.(4)
Transitional provisions. If a unit was subject to affordable housing
standards under the previous zoning provisions but is not subject
to the affordable housing provisions of this form-based code, that
unit shall remain subject to affordability restrictions until the
current tenant vacates the property.
(5)
The City of Kingston Director of Housing Initiatives or their designee
shall monitor activity under this article and shall provide a report
annually to the City of Kingston Common Council setting forth findings,
conclusions, and recommendations for changes that will render the
program more effective. The Housing Director or their designee may
also designate a board, commission or other organization to monitor
compliance.
C.
Affordable housing incentives. The following incentives are provided
in order to encourage property owners to create
affordable housing units
that meet or exceed the minimum number
of affordable housing units
required in § 405-19A.(2)
Expedited review. All applications for development that include 10%
affordable housing units
shall be entitled
to attend at least one preapplication meeting with the Planning Administrator
and Director of Housing
Initiatives or their designees to help guide the project through the
approvals process.(a)
The purpose of the preapplication meeting will be to expedite
the development application review process through the early identification
of issues, concerns, code compliance and coordination matters that
may arise during the review and approval process; and the establishment
of a comprehensive review process outline, proposed meeting schedule
and conceptual timeline.
(b)
The Director of Housing Initiatives or their designee will be
assigned to act as a direct conduit to the City through the approvals
process. Municipal departments and approval bodies shall endeavor
to honor the proposed meeting schedule and conceptual timeline established
as an outcome of the preapplication meeting to the greatest extent
possible during the review and approval process, subject to the demonstrated
cooperation of applicant to adhere to same.
(3)
Potential fees discount.
(a)
Site plans
that include affordable housing units
are eligible for a
discount in the site plan
application
fee as follows:|
Percentage of Total Units
|
Discount
|
|---|---|
|
100%
affordable housing units |
75%
|
|
More than or equal to 75%
affordable housing
units |
50%
|
|
More than or equal to 50%
affordable housing
units |
40%
|
|
More than or equal to 20%
affordable housing
units |
30%
|
|
More than or equal to 10%
affordable housing
units |
20%
|
(b)
With input from the Recreation Commission, the Planning Board may consider full compliance with affordable housing requirements as grounds to discount a project's recreation fee in lieu of parkland in accordance with the provisions of Chapter 347. For the purposes of this discount, full compliance shall mean including
affordable
or workforce
housing units
as required by § 405-19A(1)(a).A.
Bonus height for affordable housing.
(1)
Parcels in T3N-O, T4, T5, and SD-WMU Transect Zones may be eligible
for bonus height (up to the limits identified in the transect standards),
based on the provision of
affordable housing
units
(as defined in § 405-19A) as approved by the Planning Board, provided that:(a)
A gross floor area equal to or greater than 50% of each additional
story, and at least 20% of the total number of units, shall be provided
in the development project for
affordable housing
units
.(2)
In any case in which an applicant agrees to provide affordable housing
as described above, the Planning Board may grant additional height
up to the limit permitted in the transect standards. The applicant
shall indicate their intent to utilize the bonus height incentive
during the preapplication meeting and is required to submit a
site plan
documenting that the requirements
of this section are met.B.
Bonus height for new public usable open space in the waterfront.
(1)
Parcels in the SD-WMU Zone may be eligible for bonus height (up to
the limits identified in the transect standards), based on the provision
of public
usable open space
, as approved
by the Planning Board, provided that:(a)
The developer constructs and dedicates a public
usable open space
with a parcel dimension not
less than 5,000 square feet;(b)
The
usable open space
is publicly
accessible and privately maintained; and(d)
/The total footprint of bonus area shall be equal to 1.5 times
the area of the public
usable open space
provided. For example, a new public usable
open space
of 5,000 square feet would allow for up to 7,500
square feet of gross floor area in bonus stories.(2)
Usable open space
within a public access easement may qualify for bonus height if such space complies with the requirements of § 405-20B(1)(3)
In any case in which an applicant agrees to provide
usable open space
as described above, the Planning
Board may grant additional height up to the limit permitted in the
transect standards. The applicant shall indicate their intent to utilize
the bonus height incentive during the preapplication meeting and is
required to submit a site plan
documenting
that the requirements of this section are met.A.
Purpose.
(1)
The supplemental use standards provide site planning, development,
and operating standards for certain land
uses
where allowed in compliance with Table 405.5.C (Permitted Uses Summary)
and for activities that require special standards to ensure their
compatibility with site features and existing uses
.C.
Home occupation.
(1)
A
home occupation
shall not store or
utilize flammable liquids or hazardous materials in quantities not
customary to a residential use
.(2)
A
home occupation
shall not emit any
noxious, hazardous, or offensive noise, odor, heat, vibration, smoke,
or any other objectionable emissions, beyond a volume that would be
considered typical of a residential neighborhood.(3)
Open storage
, including material, equipment,
and vehicles, is prohibited within a front or side yard. Open storage
in a rear yard shall be screened
by a minimum six-foot-tall fence.(4)
No alteration shall be made that changes the character and appearance
thereof as a residential
building
.(5)
No more than 20% of the floor area of the
principal
building
, and no more than 500 square feet of floor area of
an accessory building
, shall be devoted
to the activity.(6)
One unlighted sign of no more than three square feet is permitted
per
home occupation
.(7)
The following are prohibited from being operated as a
home occupation: adult uses
; firearms-related
occupations; controlled-substance sales/consumption
.D.
Bed-and-breakfast/short-term rentals.
(1)
Bed-and-breakfast.
(a)
The maximum length of stay for any guest shall be 30 consecutive days. In no way may the establishment be used as a boardinghouse, as provided in § 405-21E.
(b)
When the premises is in use as a bed-and-breakfast, staff or
the owner-operator shall be on the premises to check-in guests and
be available for support services 24 hours per day.
(c)
The maximum number of rooms which may be rented is five.
(2)
Short-term rentals.
(a)
To legally operate a
short-term rental
, all hosts must pay the Ulster County hotel and motel room occupancy
tax and applicable hotel fees with the City of Kingston.(b)
With proof of payment of applicable fees and registration with
the Building Safety Department, a host may receive one of three types
of
short term rental
permits, following the standards described in Subsection D(2)(c) below:[1]
Short-term rental
, full permit (STR-F),
a short-term rental permit for one dwelling
unit
.[2]
Short-term rental
resident-occupied
permit (STR-RO), a short-term rental permit for a portion of a dwelling unit
, with a full-time resident living
within the same unit.[3]
Short-term rental
limited permit
(STR-L), a short-term rental permit for one dwelling unit
that is used as a short-term rental for fewer
than 30 days per year.(c)
Short-term rental
standards.[1]
There shall be a limit of one
short-term
rental
unit per lot
.[2]
Short-term rental
permit types are
permitted by Transect Zone as identified in Table 405.5.C, Transect
District Permitted Uses Summary.[3]
STR-F permits shall be limited to 1% of the City's housing
units based on the latest American Community Survey data.
[4]
A STR shall host no more than two guests per bedroom and is
limited to a maximum capacity of six people per dwelling. Children
10 years of age and under are not counted as guests.
[5]
Upon approval of an STR permit, the City will assign a registration
number to the STR property. The registration number must be included
in all STR listings and advertisements, both in print and online.
[6]
A
building
or portion thereof that
is not entitled to be operated as a short-term
rental
pursuant to this Zoning Chapter, but was entitled to
operate as a short-term rental
prior to
the adoption of this Zoning Chapter, may continue to so operate for
an indefinite period of time until abandonment of the short-term rental
use, change in ownership,
or revocation of the short-term rental
permit in accordance with the procedures set forth by the Building
Safety Department.(d)
Short-term rentals
are not permitted
in accessory dwelling units
.(e)
Penalties for noncompliance. Any person operating a
short-term rental
in violation of the standards
of this section shall be subject to penalties in accordance with the
Fee Schedule of the City of Kingston and to all other enforcement
measures authorized in this chapter or by other applicable law. Each
nightly booking for noncompliance shall be considered a separate offense.E.
Boardinghouse, transitional housing, and emergency shelters.
(1)
Operations plan.
(a)
For each
boardinghouse, transitional housing
facility, or emergency shelter
, an operations
plan must be provided that addresses the following elements to the
satisfaction of the City. If there is a state agency providing funding
and oversight for the facility, the operations plan should match the
requirements established by that agency.[1]
Roles and responsibilities for key staff, including the on-site
manager;
[2]
Site/facility management, including a security and emergency
plan;
[3]
Site/facility maintenance, including a regular litter patrol
in the immediate vicinity of the
site
;[4]
Occupancy policies, including resident responsibilities and
a code of conduct that includes, at a minimum, a prohibition of the
on-site use or sale of alcohol and illegal drugs and threatening or
unsafe behavior;
[5]
Procedures for maintaining accurate and complete records;
[6]
A multimodal transportation plan identifying access to public
transit and the bicycle network;
[7]
Outreach with surrounding property owners and residents and
ongoing good neighbor policy; and
[8]
Proof of annual inspection by the City of Kingston Building
Safety Department.
(b)
Additionally, a
transitional housing
facility, or emergency shelter
operations
plan shall also include provisions for provision of human and social
services, including staffing plan and outcome measures.(2)
General standards.
(a)
Emergency shelters, transitional housing
, and boardinghouses
shall ensure compliance
with all applicable municipal, county, state and health department
laws and regulations. The sponsor and/or managing agency shall permit
regular inspections by local agencies and/or departments to ensure
such compliance and shall implement all directives resulting therefrom
within the specified time period.(b)
All rooms shall have adequate space, light, electricity, heating,
emergency egress, a smoke detector, and access to adequate sanitation
and eating facilities pursuant to the International Residential Code
(IRC).
(c)
Lighting shall be stationary, directed away from adjacent properties
and public rights-of-way, and of intensity compatible/comparable with
the neighborhood.
(d)
Compliance with all adopted fire and building codes is required.
(3)
Boardinghouse: a residential establishment in which lodgers rent
one or more rooms on a nightly basis, and sometimes for extended periods
of weeks, months, and years.
(a)
The maximum number of roomers or boarders shall be 12 and the
maximum number of rooms shall be 10.
(b)
There shall be no more than two people occupying a room as a
roomer or boarder, and such room shall have a minimum of 80 square
feet of floor space per occupant. Double occupancy shall be limited
to 20% of the total rooms available in the boardinghouse.
(c)
At all times when the premises is in use as a
boardinghouse
, a qualified full-time manager
shall be available 24/7 to provide support services. The full-time
manager shall be defined as the property owner that lives on the property
or another individual that is not a resident of the primary building.(d)
A minimum distance of 500 feet from parcel line to parcel line
is required between
boardinghouse
facilities.(e)
There shall be an annual permit fee as set forth in a fee schedule
to be established by resolution of the Common Council of this City.
(4)
Transitional housing: a facility providing short-term housing, typically
for less than 24 months, and appropriate supportive services to those
in need to facilitate movement to independent living.
(a)
The number of residents shall be limited to 14.
(b)
On-site supervision must be provided at all times, unless it
can be demonstrated through the operations plan that this level of
supervision is not warranted for the population being housed.
(c)
A minimum distance of 500 feet from parcel line to parcel line
is required between other
transitional housing
facilities and emergency shelters
.(d)
The sponsor and/or managing agency shall designate points of
contact and provide contact information to the Kingston Police Department.
(5)
Emergency shelters: a facility whose primary purpose is to provide
a temporary shelter for unhoused populations in general, or for specific
populations of the unhoused, and which does not require occupants
to sign leases or occupancy agreements.
(a)
The number of residents shall be limited to 25.
(b)
A minimum distance of 500 feet from parcel line to parcel line
is required between other
transitional housing
facilities and emergency shelters
.(c)
On-site supervision must be provided at all times.
(d)
The sponsor and/or managing agency shall designate points of
contact and provide contact information to the Kingston Police Department.
(e)
All functions associated with the facility, including adequate
waiting space, must take place within a building or on the
site
proposed to house the facility.F.
Neighborhood business.
(1)
The ground floor of a
neighborhood business
shall contain a retail or service use
, up to the floor area limits in § 405-12L. Upper floors may contain residential or general office uses
.(2)
Eating/drinking establishment uses
allowed
by Transect Zone in Table 405.5.C may be a permitted ground floor use
in a neighborhood
business
if the seating area is limited to 20% of the total
commerce floor area.(3)
Specific to a
neighborhood business
in
T4N or T3N Districts:(a)
The ground floor shall contain neighborhood-oriented businesses
(retail and service
uses
that primarily
serve the immediate nearby residential areas). An eating/drinking establishment
with seating area limited to
20% of the total commerce floor area may be allowed by special permit.(b)
Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.
daily, including deliveries and trash pickup from private haulers.
G.
Adult uses.
(1)
Adult uses
shall not be permitted within
1,000 feet of another adult use
establishment,
or within 500 feet of a preexisting school, place of worship
, library, local park, playground
, community center, designated historic preservation site
, as well as any areas designated
as scenic under New York State law.H.
Animal boarding.
(1)
Outside exercise areas, yards, pens, or storage areas are not permitted
within 100 feet of any property in a TxMS, TxN, TxN-O, or T3L District.
(2)
All veterinary facilities shall be constructed and operated according
to any other rules that the
Zoning Enforcement
Officer
may establish to provide for public health, safety,
and welfare.I.
Auto-oriented services.
(1)
Drive-through facilities, including space for vehicle storage or
idling, shall not be located between buildings and adjacent streets.
Vehicle access for a drive-through shall be restricted to the rear
of the property.
(2)
No gasoline or oil pump or service appliance, unless within a building,
shall be within 15 feet of any street line. See "A" in Figure 405.21.I.
(3)
Pedestrian walkways shall have clear visibility and be emphasized
by enhanced paving or markings when they intersect the drive-in or
drive-through aisles.
(4)
All service areas, trash storage areas, and mechanical equipment
shall be screened from ground-level view from adjacent properties
and public
rights-of-way
.(5)
At least one trash receptacle shall be installed per drive-through
facility or per fuel pump island.
(6)
Any structure associated with
auto-oriented
services
, such as fuel pumps, canopies, drive-through menu boards,
etc., shall be located a minimum of 30 feet from any property in a
TxN, TxN-O, T3L or T2C District. See "B" in Figure 405.21.I.(7)
A six-foot-tall wall or fence shall be provided along the boundary
line of any property located within a TxN, TxN-O, T3L or T2C District
and an auto-oriented service
use
. See
"C" in Figure 405.21.I.|
Figure 405.21.I
Auto-Oriented Use Example
 |
(8)
All lighting shall be stationary and shielded or recessed to direct
light away from adjacent
rights-of-way
and any adjacent property that allows a residential use
.(9)
No driveway to or from any automobile service station shall be within
200 feet (measured along the street line on that side of the street
on which such automobile service station has its main frontage and
on which such driveway would cross) of the boundary line of any school,
church, park, playground, hospital, public library, institution for
dependents or children or any place of public assembly designed for
the simultaneous use of 100 persons or more, regardless of the district
where either premises is located.
(10)
All automobile parts, wrecked or damaged motor vehicles or similar
articles shall be stored within an approved enclosed area. Major repair
work may be carried on outdoors where it is impracticable to do such
work within a building, but in no case shall any vehicles requiring
such work be stored outdoors for a period exceeding 30 days. Gasoline
or oil sales, changing of tires and other similar automobile servicing
shall not be considered to be major repair work.
(11)
No automobile service station and no gasoline or oil pump or automotive service appliance (excluding electric vehicle charging stations), unless within a building, shall be permitted to be established on a lot that is within 1,000 feet of another lot on which there is an existing automobile service station or outdoor gasoline or oil pump or automotive appliance or of another lot for which a building permit has been issued for the erection of such a station, pump or service appliance. This requirement shall in no way be construed to cause any existing use to become nonconforming, except that if such a use has been discontinued for any reason for a period of over one year or has been changed to or replaced by a conforming use, such use shall be subject to the provisions of Article 3 hereof.
J.
Outdoor entertainment.
(1)
A six-foot-tall wall or fence shall be provided along the boundary
line of any property located within a TxN District and an outdoor
entertainment
use
.(2)
All lighting shall be stationary and shielded or recessed to direct
light away from adjacent rights-of-way and any adjacent property that
allows a residential
use
, other than properties
within the TxMS and T5F Districts.(3)
Outdoor entertainment is not permitted within 100 feet of any property
within a T3N or T3L District.
K.
Surface parking lot.
(1)
Surface parking lots shall be an accessory use to a
principal building
on a lot
unless approved by special permit.(2)
Surface parking lots with an impervious area of more than 5,000 square
feet within 500 feet of streams, creeks, rivers, wetlands and/or located
within the 100-year floodplain must provide for the retention and
filtration of stormwater runoff from the impervious surface for a
ten-year, twenty-four-hour storm event in bioswales, rain gardens,
or other stormwater facility that provides for the bioretention and
biofiltration of stormwater on
site
.(3)
Impermeable paving areas shall be limited to 10,000 square feet in
size in T5, T4, T3, and SD-WMU Districts.
(4)
Impermeable paving is discouraged in T3L, T2C and T1 Districts. The
use of pavers, gravel/compacted earth, or other permeable alternatives
should be utilized when possible.
L.
Parking structures.
M.
Urban agriculture.
(1)
General use and site plan standards.
(a)
Buildings and structures, including those for the storage of
compost and refuse, shall comply with the dimensional standards of
the underlying district. In addition, placement of farm structures
should respect significant landscape features on the
site
, such as rock outcroppings, drainage areas,
and mature trees.(b)
Chemicals, pesticides, and fertilizers or other garden waste
shall be prevented from draining onto adjacent properties or street
rights-of-way
.(c)
Accessory structures erected for the purposes of
urban agriculture
are subject to a maximum
height of 15 feet and a maximum size of 750 square feet in areas outside
of Historic Districts and 400 square feet within Historic Districts.(d)
Composting, equipment storage, and disposal areas should not be located in the front or side street yard unless there are special circumstances that make it necessary. While a driveway may be allowed in the front yard, the parking zone shall only be permitted where described in the transect standards (Article 3).
(e)
Urban agriculture
farms shall be
used in such a manner that at no time shall they constitute a nuisance
or a hazard to the surrounding neighborhood. Urban agriculture
farms shall be maintained in a healthy growing
condition, especially in the off-season.(f)
Urban agriculture
uses are permitted
in rooftop locations. In the T5MS and T4MS Districts, urban agriculture
shall be limited to a rooftop garden, or a community garden as outlined in § 405-24D(1).(g)
Composting is prohibited as a primary use on a
lot
. The raising of chickens or bees as the
primary use on a lot
is permitted by special
permit in SD-F, T2C and T1 Districts, and prohibited as the primary
use on a lot
in all other districts.(2)
Composting on
urban agriculture
lots.(a)
Composting as an accessory use shall be used primarily to support
on-site operations, and shall comprise no more than 7 1/2% of
the lot area.
(b)
Maximum height of composting structures or bins shall not exceed
10 feet.
(c)
Compost bins and structures shall be set back five feet from
all property lines.
(3)
Accessory beekeeping on
urban agriculture
lots.(a)
All beekeeping shall comply with applicable state and local
laws and regulations.
(b)
Specific to T5, T4, and T3N/T3N-O Districts. The maximum number
of hives on any given
lot
shall be two.
Up to five hives per lot
may be allowed
by special permit. Hives shall not be located in the front yard or
in a side yard that abuts a street.(c)
Specific to T3L, T2, T1 and SD Districts. The maximum number
of hives on any given
lot
shall be five.(d)
No hive shall exceed five feet in height excluding the hive
stand, and 20 cubic feet in size.
(e)
No hive shall be located closer than 10 feet from a public street
or sidewalk.
(f)
All hives shall include a nearby supply of water in a shallow
container with dry pebbles.
(g)
Applicants shall demonstrate that the hives can be located so
that the movement of bees will not interfere with pedestrian traffic
or persons residing on or adjacent to the hive premises. For any hive
that is within 20 feet of the doors and/or windows of a principal
building on an abutting lot, the hive opening must face away from
doors and/or windows, or a flyway of at least six feet in height comprised
of a lattice fence, dense hedge or similar barrier must be established
in front of the opening of the hive such that the honey bees fly upward
and away from neighboring properties. The flyway shall be located
within three feet of the entrance to the hive and shall extend at
least two feet in width on either side of the hive opening.
(4)
Accessory keeping of chickens on
urban agriculture
lots.(a)
The keeping of chickens shall comply with Chapter 151; additional provisions provided in this section apply specifically to an
urban agriculture use
. In case of conflict,
the provisions of this section shall apply.(b)
The number of chickens kept on a single property shall not exceed
12. The keeping of roosters is prohibited.
(c)
All chickens shall be provided shelter within a chicken coop
with a maximum footprint no larger than 150 square feet and may be
provided an additional fenced enclosure area for the purposes of free-ranging,
i.e., feeding and exercise.
(d)
All chicken coops and enclosures shall be constructed and maintained
in such a manner as will safely and securely house chickens and shall
be kept free of rodent infestation at all times. Runoff from a chicken
enclosure shall not negatively impact adjacent properties.
(e)
All chicken coops and enclosures shall be in the rear or side
yard of the property on which they are located and shall be set back
a minimum distance of five feet from the side and rear property line.
(f)
Coops and enclosures shall be kept no closer than 15 feet to
any dwelling on an adjacent lot.
(g)
Chickens may not leave the permitted property outside the confines
of a cage or enclosure used for their transportation.
(5)
Aquaculture on
urban agriculture
lots.(a)
Facilities greater than 750 square feet, and freight containers
of any size shall require a special permit.
(b)
Applicants must comply with applicable federal and state regulations
for water use and discharge, and for the possession, propagation,
culture, sale and disposition of living marine organisms.
(6)
Fencing and screening.
(a)
Any composting, loading or disposal areas that abut a public
street, public
open space
, or residential use
shall be screened from view. Such screening can include trees, shrubs, and perennial borders and/or screening walls and fences. Any fencing shall meet the requirements of § 405-14I.(b)
In T5, T4, and T3 areas, perimeter fencing is limited to a maximum
height of four feet along street lot lines, and eight feet along the
interior side or rear lot line and shall not include electrified,
barbed, razor wire, or plywood sheeting. The use of uncoated metal
chain-link is discouraged.
(c)
In T5, T4, and T3 areas, any material or equipment stored outdoors
shall be surrounded by a wall or fence or vegetative screen of such
height, not less than six feet high, as may be necessary to screen
such material or equipment from view from any public street or public
open space
.(7)
Lighting. Lighting should be limited to that required for operational
and safety purposes of any activity defined as
urban agriculture
so as not to create a nuisance through excessive
brightness to abutting residential uses. For sites
abutting residential uses, the applicant shall supply
a lighting schedule and plans to mitigate fugitive light.N.
Open storage.
(1)
No
open storage
shall be permitted in
any district of the City of Kingston, unless approved by special permit
in the T5F, T4N-O, T3N-O, SD-C, SD-F, or SD-W Districts.(2)
Open storage is subject to the following standards:
(a)
Open storage is prohibited in the front yard area (between the
building and the street).
(b)
Open storage in a side or rear lot area shall be screened from public view to the maximum extent possible by landscaping or a fence meeting the requirements of § 405-14I.
(c)
A display lot for new or used car dealerships may be permitted,
without screening, as an auto-oriented service use.
O.
Small-scale renewable energy systems.
(1)
Small-scale renewable energy systems
have
minimal or limited impacts on surrounding uses and are intended to
supply renewable energy to an individual building, or contribute to
block-scale resiliency efforts. Examples include:(a)
Roof-mounted solar energy systems (a photovoltaic system of
electricity-generating solar panels mounted on the roof of a structure
or consisting of the roof material itself) with a footprint of up
to 100% of the building footprint on which the system is attached.
(b)
Ground-mounted solar energy systems (a photovoltaic system of
electricity-generating solar panels mounted on the ground) with a
footprint not greater than 600 square feet.
(c)
Roof-mounted wind turbines (an electricity-generating wind turbine
mounted on the roof of a structure), with a maximum height of no more
than 10 feet from the highest point of the structure on which the
turbine is attached to the bottom of the rotor blade assembly. A height
greater than 10 feet, or multiple turbines per building, shall require
a special permit.
(d)
Ground-mounted wind turbines (an electricity-generating wind
turbine mounted on the ground) may be permitted in T3L, T2C, T1 and
SD Districts; maximum one per lot, with a maximum height of no more
than 30 feet measured to the bottom of the rotor blade assembly. Multiple
turbines per lot, or placement in a T5, T4, T3N or T3N-O District,
shall require a special permit.
(e)
Other types of renewable energy systems including hydropower,
geothermal heat pumps, and solar water heaters, as long as the combined
footprint of aboveground components are not greater than 200 square
feet.
(2)
Any system that exceeds the above limits shall be considered a
large-scale renewable energy system
.(3)
All aboveground
small-scale renewable energy
systems
equipment/components are subject to the setbacks of
the underlying transect standards. Ground-mounted small-scale renewable energy systems
and their associated support
systems (example: guy line anchors) are subject to a fifteen-foot
front setback, and a side and rear setback of five feet.(4)
Small-scale renewable energy systems
shall
comply with applicable state and local laws and regulations.P.
Telecommunication facilities.
(1)
Monopole towers shall be located on a
site
larger than three acres.(2)
Screen fencing shall be provided for aesthetic and public safety
reasons, and a fence at least six feet in height shall be erected
completely around any communication tower and any related support
facilities. Barbed and razor wire fencing is prohibited in all Transect
Zones.
(3)
A fifteen-foot-deep planted buffer yard is required along the boundary
line of any property within a district that allows residential
uses
. Buffer yards shall include the following
planting:(4)
Open storage
of any supplies, vehicles
or equipment related to the use of the facility is prohibited in TxN
Districts.(5)
An antenna or tower may not be illuminated and lighting fixtures
or signs may not be attached to the antenna or tower, except as required
by law or to protect public safety.
(6)
The applicant shall provide written certification from a registered
engineer that the antenna and tower are to be constructed in compliance
with all applicable federal, state and local regulations pertaining
to the construction.
(7)
Apart from the tower or monopole structure, the facility appurtenances
shall be aesthetically and architecturally compatible with the architecture
of the surrounding environment.
(8)
Telecommunication facilities shall reduce visual impacts to surrounding
areas. New facilities are encouraged to be located on existing structures
or buildings. Multiple facilities at lower heights or just above the
tree line rather than larger facilities that create a greater visual
impact are encouraged.
