A.
Purpose, applicability, and general provisions.
(1)
Purpose. In order to establish an orderly process to develop land
within the jurisdiction of the City of Kingston, the purpose of this
section is to provide a clear and comprehensible development process
that is fair and equitable to all public interests, including the
applicants, neighbors directly affected by land use determinations,
City staff and related agencies, and the Common Council.
(2)
Applicability. The provisions of this section shall be applicable
to all development activity under the jurisdiction of the City of
Kingston.
(3)
The
Building Safety Officer
or their
designees shall not issue a permit or license for any use
, building
,
or purpose that conflicts with any provision of this chapter. Any
permit, license or certificate issued in conflict with the provisions
of this chapter, whether intentionally or unintentionally, shall be
null and void.(4)
It is the intent of this chapter to reduce the burden on incremental
infill projects and improve predictability in the outcome of future
development within the City of Kingston. This chapter implements a
streamlined process of development application review and approval
to expedite proposals that fulfill the purposes and intent of this
chapter and conform to its standards. However, if there are
deviations
requested, the additional required approvals may delay the development process. See § 405-26E.(5)
With good cause, the
Planning Administrator
may suspend any of the response, approval, or disapproval timelines
referenced in this article.(6)
Appeal. An aggrieved party may appeal a decision made in accordance
with this article within 30 days of the filing of the decision. An
"aggrieved party" is defined as the applicant or an interested party
with legal standing.
B.
Site development approval.
(1)
The
Planning Administrator
shall deem
all site plan
submittals a minor site plan
or major site plan
.C.
Minor site plan review process.
(1)
Minor site plan review process.
(a)
There shall be a minor site plan review process through which
the
Planning Administrator
shall review
and approve, approve with conditions, or deny all minor site plans
under this chapter in accordance with the
provisions of New York General City Law §§ 32 through
34, 27-a, and 27-b.(b)
The
Planning Administrator
shall
solicit recommendations from the Building Safety
Officer
, the Planning Department, Department of Housing Initiatives,
City Engineering Office, Corporation Counsel, and Building Safety
Departments and shall provide adequate public notice in making determinations
as part of the minor site plan review process
.(c)
Administrative approval of a
minor site
plan
shall require substantial compliance of the standards within
this chapter.(d)
A
minor site plan
also qualifies as a Type II action. See § 405-26G for SEQRA review.|
Figure 405.26
Overview of the Development Review Process
|
 |
|
NOTES:
| |
|
1
|
"Planning" refers to the City of Kingston
Planning Administrator (the Planning Director or their designee). |
|
2
|
This diagram is illustrative in nature; the development review
process may vary. All necessary steps will be confirmed with each
applicant based on the details of each specific proposal.
|
(2)
Minor site plan
administrative review
and approval process.(a)
A
minor site plan
application shall follow § 405-26E with the following exceptions:[1]
The presubmission process shall be handled by the
Planning Administrator
.[2]
Any requested waivers shall be within the
Planning Administrator's
purview as defined in § 405-26F.[3]
Once a complete application is reviewed by the
Planning Administrator
as well as other appropriate
City officials, a determination shall be made by the Planning Administrator
.[4]
The
Planning Administrator
shall
review minor site plan
applications with
associated recommendations, and approve, approve with conditions or
deny applications administratively.D.
E.
Site plan approval and supplemental regulations.
(1)
Site development approval.
(a)
Site development plan approval, either via the
minor site plan
or major site plan
submittal process shall be required for:[1]
The erection or enlargement of all buildings, in all transects,
other than one-, two- or three-family residences, and associated accessory
structures; or
[2]
Any change in
use
or intensity of use
which will affect the characteristics of
the site
, including but not limited to
parking, loading, drainage, access or utilities; or[3]
Any application for a special use permit.
(b)
In all cases where any amendment of any such plan is proposed,
the applicant must also secure the approval of the amendment via the
minor site plan
or major site plan
submittal process. No building permit may be issued
for any building within the purview of this section until an approved
site development plan or amendment of any such plan has been secured
by the applicant and presented to the Building
Safety Officer
. No certificate of occupancy may be issued for
any building or use of land within the purview of this section unless
the building is constructed or used, or the land is developed or used,
in conformity with an approved site development plan or an amendment
of any such plan. The Planning Administrator
shall certify on each site development plan or amendment to a site
development plan whether or not the plan meets the requirements of
this chapter, other than those enumerated in sections of this chapter
regarding site development plan approval.(c)
Objectives. In reviewing
site plans
, consideration shall be given to the public health, safety and welfare;
the residents or users of the proposed development and of the immediate
neighborhood in particular; and the appropriate conditions and safeguards
as may be required to further the expressed intent of this chapter
and the accomplishment of the following objectives, in particular:[1]
The project is consistent with the Comprehensive Plan of the
City.
[2]
The project complies with all applicable standards of this Code.
[3]
The project will promote building design that responds to the
surrounding neighborhood and demonstrates respect for surrounding
historic resources while allowing for a diversity of architectural
styles and original and distinctive design approaches.
[4]
The project will provide for the adequate protection of significant
natural, cultural, heritage, and scenic assets on or near the
site
.[5]
The project will ensure safe and efficient access for all
site
users, including pedestrians, cyclists,
transit passengers, the mobility impaired, and motor vehicles, as
applicable; and contributes to existing pedestrian-oriented rights-of-way
in relation to the public realm and streetscape.[6]
The project will be located, designed, and/or managed to meet
its anticipated travel demand, and will include reasonable efforts
to minimize single-occupancy vehicle trips, reduce vehicle miles traveled,
and promote transportation alternatives.
[7]
That all existing trees over eight inches in diameter, measured
three feet above the base of the trunk, shall be retained to the maximum
extent possible. The project will include native plant materials,
and will be planted so as to maximize prospects for healthy growth.
[8]
That all plazas and other paved areas intended for use by pedestrians
use decorative pavements and plant materials so as to prevent the
creation of expanses of pavement, and all connections to City systems
are in accordance with City standards.
[9]
That the site plan and external building design accommodate
the needs of the handicapped and are in conformance with the state
standards for construction concerning the handicapped. When applicable,
build in fair housing, inclusionary, and equal opportunity initiatives
of the City of Kingston to promote access to community assets, such
as quality education, employment and transportation for all, without
consideration of race, gender, religion, age, sexual orientation,
national origin or ethnic background.
[10]
The project will make for the most efficient use
of land and municipal services, utilities, and infrastructure and
the site plan and building design will maximize the conservation of
energy.
[11]
The project is sufficiently served by or provides
services, utilities, and infrastructure. All improvements and connections
to City systems are constructed and maintained in accordance with
City standards, and as required by the Department of Public Works,
Water Department, Fire Department, Building Safety Division and Parks
and Recreation.
(d)
Procedure.
[1]
Presubmission.
[a]
Prior to the submission of a formal site development
plan, the applicant shall review with Planning and/or its designated
representative the proposed site development plan to determine which
of the subsequent requirements may be necessary in developing and
submitting the required site development plan.
[b]
Where the
site
is within
an Historic District, the applicant should also meet with the Kingston
Historic Landmark Preservation Commission and/or its designated representative
to determine the extent to which the proposed development may conform
to or conflict with the standards of the Commission and this chapter
and to discuss the possible diminution or elimination of any conflicts.[c]
Within six months following the presubmission conference,
the site plan and any related information shall be submitted as prescribed
by Planning. The site plan shall be accompanied by a fee in accordance
with the schedule of fees of the City of Kingston. If not submitted
within this six-month period, another presubmission conference may
be required.
[d]
Planning shall certify on each original or amended site plan whether or not the application is complete in accordance with Subsection E(1)(f) below or as may be modified during the presubmission conference and whether the plan meets the requirements of all the provisions of this chapter, other than those of this section regarding site plan review. Planning shall act to certify the application or return it to the applicant for completion or revision within 45 days of submission by the applicant. Planning shall make a determination as to whether the project shall follow the minor or major site plan review process in accordance with §§ 405-26C and 405-25D.
[2]
Major site plan procedure.
[a]
Following certification by Planning as a major
site plan
, the application shall be submitted
to the Planning Board as prescribed, which shall be considered the
official submission date.[b]
Simultaneously with its submission to the Planning
Board, the certified application may be forwarded to the Chief of
Police, Fire Chief, Health Department, Superintendent of Public Works,
Plumbing Inspector and, where required, to the County Planning Board,
County Highway Department and any other agency that the Planning Director
deems appropriate.
[c]
Planning may hold a public hearing on the site
plan if it determines the project is a major
site plan
and a majority vote of the Planning Board requests
a public hearing. A public hearing is required for all CVPs or WNPs
as part of a major site plan
review. (See Article 7.) If such a hearing is held, it shall be held within 62 days of the official submission date of the application, and notice shall be given at least five days prior to the date of such hearing by publication in the official City newspaper.[d]
The Planning Board shall act to approve, approve
with conditions or disapprove any such major
site plan
within 62 days after the public hearing. The time
within which the Planning Board must render its decision may be extended
by mutual consent of the applicant and the Board. Conditional approval
by the Planning Board shall include written findings upon any site
plan element found contrary to the provision or intent of this chapter.
In reviewing the application, the Planning Board shall consider whether
a proposed plan will conform to the intent and requirements of this
chapter and/or what revisions are appropriate. In reviewing site plans,
the Planning Board shall comply with the provisions of the State Environmental
Quality Review Act.[1] The decision of the Planning Board shall be filed in the
office of the City Clerk within five business days of the rendering
of the decision. All conditions must be satisfied prior to issuance
of a building permit.[1]
Editor's Note: See Environmental Conservation Law, § 8-0101
et seq.
[e]
Amendments to a previously approved site plan shall
be acted upon in accordance with this Code.
[f]
Following approval of the site plan by the Planning
Board, the applicant shall file with the City Clerk a performance
bond to cover the full cost of any required improvements in an amount
set by the Planning Board upon advice of the City Engineer. If the
value of improvements is less than $25,000, unless the Planning Board
determines that improvements of lesser costs are important to the
health and welfare of the City or the immediate area, the Planning
Board may waive the bonding requirements. Said bond shall be in a
form satisfactory to the Corporation Counsel of the City of Kingston
and may be in cash or in the form of surety company bonds and, if
a surety company bond, shall be in the amount of 100% of the estimated
cost or, if a cash bond, 50% of the estimated cost, as certified by
the City Engineer, of proposed screening and landscaping, including
planting and maintenance thereof for a minimum of one year and a maximum
of three years at the discretion of the Planning Board, stormwater
drainage systems, public and private streets and drives, water and
sanitary sewer systems, outdoor lighting and off-street parking areas,
loading areas, means of vehicular access and egress to and from the
site
onto public streets and recreation areas,
including playgrounds and garbage collection stations and fire alarm
systems (if any), signage, and any related site improvements as deemed
appropriate by the City Engineer. Said bond shall be conditioned upon
the property owner's or developer's completing said work
enumerated herein and set forth on the approved site plan in a manner
satisfactory to the City Engineer of the City of Kingston and upon
the proper functioning of said systems for a period of one year from
their completion. In default thereof, said bond or deposit shall be
forfeited, and the City Engineer shall use the amount thereof to complete
any incomplete portion of said work, return the site to original conditions,
or to make repairs as are necessary to assure proper functioning of
said improvements; provided, however, that if any amount of money
remains after the City has completed said work, such excess money
will be returned to the surety or the person putting up the required
deposit. Said surety bond or cash deposit may be reduced by resolution
of the Planning Board upon the certification of the City Engineer
that one or more particular items required by the Planning Board have
been satisfactorily completed. If a 50% cash bond has been posted,
such reduction shall be in the ratio that the completed item or items
bear to the total estimated costs of the required improvements. The
installation of all improvements shall be under the direct supervision
of a registered architect or professional engineer. While periodic
reductions may be authorized by the Planning Board, certified as-built
plans must be submitted for final release of monies.(e)
Time limit on validity of approval. Approval of a site plan
shall be valid for a period of one year from the date thereof for
the purpose of obtaining a building permit. Failure to secure a building
permit during this period shall cause the site plan approval to become
null and void. Upon application, the time limit on the validity of
the approval may be extended to not more than two years from the date
of the original approval. The time limit on the validity of the approval
may be extended further with demonstration of extenuating circumstances
that caused the delay and mutual consent between the applicant, the
Planning Administrator
, and Corporation Counsel.(f)
Required submissions. All maps submitted must be at a scale
of not less than 30 feet to the inch. Where the site is within an
Historic District, an additional copy of such information and letters,
and a copy of any additional data required by the Planning Board,
must be submitted at the same time to the Kingston Historic Landmark
Preservation Commission. The information to be submitted, and which
in total constitutes a site development application and plan, includes
at a minimum:
[1]
Application forms as prescribed.
[2]
Evidence of
site
control.[3]
The names of all owners of record of all adjacent property and
the section, lot, and block number of the property, all as shown on
the City's Official Assessment Maps.
[4]
Existing Transect Zone boundaries, and any special requirements identified on the Regulating Maps (Article 2).
[5]
Boundaries of the property, build-to zone or setback lines, as required in the Transect Standards (Article 3).
[6]
A survey showing all lengths shall be in feet and decimals of
a foot, and all angles shall be given to the nearest minute or closer
if deemed necessary by the surveyor. The error of closure shall not
exceed one to 10,000.
[7]
A copy of any covenants or deed restrictions that exist or are
intended to cover all or any part of the tract.
[8]
Relationship of the subject property to adjacent public infrastructure,
including sidewalks, roadways, streetlighting, street trees, traffic
control devices,
right-of-way
signs, catch
basins, culverts and inlets, parks and dedicated open spaces, water
and sewer services, and any other structures in the right-of-way
.[9]
The location and detail of existing utilities, sewer and water
lines, culverts and drains on the property, with pipe sizes, grades
and directions of flow.
[10]
Existing and proposed contours with intervals
of five feet or less, referred to a datum satisfactory to the Board.
[11]
Location of any existing water bodies, wetlands,
floodplains, shoreline buffers, steep slopes (slopes in excess of
10%), federal or state-designated significant habitats on and within
200 feet of the
site
, designated local,
state, or national landmark or historic district on and within 200
feet of the site
and other significant
existing features.[12]
Context of development within 100 feet of the
site
, including location and scale of principal
buildings, and site
ingress and egress
points.[13]
The name of the development, data, North point,
scale, date and the name and address of the record owner, engineer,
architect, land planner or surveyor preparing the site development
plan.
[14]
Aerial photo base map with site plan overlay.
Aerial photos at a minimum of 50 cm resolution showing existing conditions
shall be provided, such as but not limited to aerial photos obtainable
on Ulster County Parcel Viewer, New York State Department of Environmental
Conservation Natural Resources Mapper, Google Earth, or others (can
be obtained free of charge online from several sources).
[15]
The proposed use or uses of land and buildings
and the proposed location of buildings.
[16]
A written narrative to describe the proposal,
with highlights to describe how the proposed improvements meet the
intent of the Code. Any waivers being requested shall be identified
in the narrative.
[17]
Existing and proposed improvements on the
site
, including structures, easements, vehicular
and pedestrian access, established trees (eight-inch DBH or more),
fences or walls, lighting, parking and loading facilities, and signs,
as applicable.[19]
Detailed architectural drawings, including proposed building materials and elevations or diagrams to demonstrate compliance with applicable provisions of § 405-14.
[20]
The location of all proposed water lines, valves
and hydrants and of all sewer lines or alternative means of water
supply and sewage disposal and treatment.
[21]
Proposed screening and landscaping shown on a
planting plan prepared by a qualified landscape architect or architect,
including a schedule of the type, sizes, and amounts of landscaping
to be proposed.
[22]
Proposed stormwater drainage system, designed
by an engineer or qualified architect.
[23]
All proposed lots, easements and public and community areas. All proposed streets with profiles indicating grading and cross sections showing the width of roadways, locations and widths of sidewalks and the location and size of utility lines, according to the standards and specifications contained in Article 5 and the street improvement specifications of the Department of Public Works, City of Kingston. All lengths shall be in feet and decimals of a foot, and all angles shall be given to the nearest 10 seconds or closer if deemed necessary to the surveyor. The error of closure shall not exceed one to 10,000.
[24]
Such other information as the
Planning Administrator
or City Planning Board may deem necessary
for proper consideration of the application, such as reports, illustrative
renderings, or other relevant documentation prepared by appropriate
professionals. At the presubmission meeting, the Planning Administrator
may provide a checklist of applicable
Code standards and identify needed materials to demonstrate compliance.(g)
Waiver of required information. Upon findings by the
Planning Administrator
or Planning Board that,
due to special conditions peculiar to a site plan, certain information
normally required as part of the site plan is inappropriate or unnecessary
or that strict compliance with said requirements may cause extraordinary
and unnecessary hardships, the Board may vary or waive the provision
of such information, provided that such variance or waiver will not
have detrimental effects on the public health, safety or general welfare
or have the effect of nullifying the intent and purpose of the site
plan submission, regulating plans, Master Plan or this chapter.(2)
Special permits. The Planning Board may authorize, by resolution,
the issuance of a special permit only for those uses in a transect
where this chapter requires such a permit. In authorizing the issuance
of a special permit, the Board shall take into consideration the public
health, safety and welfare and shall prescribe appropriate conditions
and safeguards to ensure the accomplishment of the following objectives.
Unless otherwise provided, all special permits shall be valid for
a period determined by the Board.
(a)
Objectives.
[1]
That all proposed structures, equipment or material shall be
readily accessible for fire and police protection.
[2]
That the proposed use is of such location, size and character
that, in general, it will be in harmony with the appropriate and orderly
development of the district in which it is proposed to be situated
and will not be detrimental to the orderly development of adjacent
properties in accordance with the zoning classification of such properties.
[3]
The proposed use is consistent with the spirit and intent of
this Code.
[4]
The proposed use will not result in the destruction, loss, or
damage of any feature determined to be of significant natural, scenic,
or historic importance.
(b)
Procedure. The procedure for a special permit shall be the same
as set forth in the General City Law § 27-b.
(c)
Application. Every application for a special permit shall contain the relevant items outlined in § 405-26E(1)(f), as determined during the presubmission conference.
(d)
In authorizing the issuance of a special permit, it shall be
the duty of the Planning Board to attach such conditions and safeguards
as may be required in order that the results of its action may, to
the maximum extent possible, further the general objectives of this
chapter. The Board may require that special permits be periodically
renewed. Such renewal shall be granted following due public notice
and hearings and may be withheld only upon a determination that such
conditions as may have been prescribed by the Board in conjunction
with the issuance of the original permit have not been, or are no
longer being, complied with. In such cases, a period of 60 days shall
be granted the applicant for full compliance prior to the revocation
of said permit. Any use for which a special permit may be granted
shall be deemed to be a conforming use in the district in which such
use is located, provided that:
[1]
The provision in this chapter under which such permit was issued
is still in effect.
[2]
Such permit was issued in conformity with the provisions of
this chapter.
[3]
Such permit shall be deemed to affect only the lot or portion
thereof for which such permit shall have been granted.
[4]
All applicable provisions of this chapter not otherwise varied
by the special permit approval are adhered to.
(e)
No special permit shall be authorized for any activity in an Historic District until such application shall have been referred to the Landmark Preservation Commission in accordance with the site plan procedure outlined in § 405-26E(1)(d).
(f)
No use allowed by special use permit may be enlarged or increased
in intensity without approval of a new special use permit. Special
permit renewals without an enlargement or increase in intensity shall
be reviewed by the
Planning Administrator
. Special permit renewals with a proposed enlargement or increase
in intensity shall require review by the Planning Board.(g)
Any special permit renewals rejected by the
Planning Administrator
can be appealed to the Planning Board.(3)
Sign permits and administrative procedures.
(a)
Sign approval and permit.
[1]
Signs shall not hereafter be erected, structurally altered, enlarged or relocated within the City, except as specifically exempted in Subsection E(3)(a)[3] below, unless approval has been obtained from the
Planning Administrator
. A permit
from the Building Safety Officer
shall
be issued following submission, review and approval of an application
by the Planning Administrator
in accordance
with the requirements set forth below and payment of the fee in accord
with the City's adopted schedule therefor.[2]
The
Building Safety Officer
shall not issue a permit for those signs requiring approval by the Planning Board, unless such approval has been granted. Furthermore, any type of sign within the Stockade District or any designated Landmark Overlay District or landmark site shall be subject to approval by the Landmark Preservation Commission, in accord with the procedures set forth in § 405-26L, prior to issuance of a permit.[3]
A permit shall not be issued for any type of new sign if any
other sign exists on the premises which does not conform to all requirements
of this chapter, unless such existing sign was granted and is still
entitled to a legally valid variance. This provision shall not apply
to the repainting or refurbishing of an existing sign.
(b)
Form of application. Application for a sign permit shall be
made on a form designed for that purpose and provided by the
Planning Administrator
and shall include but
not be limited to:[1]
A scale drawing of the sign which shows content and proposed
location of the sign on the premises, property lines, structure locations
and other signage on the property.
[2]
A scaled drawing, with appropriate notes, describing the content,
colors and construction of the sign and, where appropriate, the method
of attachment to the building.
[3]
A description or sample of the predominant material of which
the proposed sign will be made.
[4]
A description of the proposed method, if any, of sign illumination.
(c)
Review by
Planning Administrator
. The Planning Administrator
shall review
all sign applications with respect to all quantitative factors and,
in the case of those types of signs requiring no other review, approve,
disapprove or approve with modifications the permit therefor within
45 days of receipt of the application.(d)
Review by Planning Board or Landmark Preservation Commission.
[1]
The Planning Board shall review any signage that is part of
a major
site plan
. In the case of a sign
that requires approval of either the Planning Board or the Landmark
Preservation Commission, the Planning Administrator
shall refer the application, including a finding as to compliance with all quantitative factors, to the appropriate body at least 15 days prior to its next regular meeting. The Planning Board or Landmark Preservation Commission shall act to approve, disapprove or approve with modifications within 45 days of receipt of the application. In their review, the Planning Board and the Landmark Preservation Commission shall be guided by the design guidelines set forth in § 405-17 as well as any other applicable standards.[2]
After approval or approval with conditions by the Planning Board
or Landmark Preservation Commission of those signs requiring such
approval, the
Planning Administrator
shall
issue a permit therefor in accordance with all applicable requirements.(4)
Referral to Ulster County Planning Board.
(a)
Conditions of referral.
[1]
The Ulster County Administrative Code (UCAC), § A7-5
established the Ulster County Planning Board (UCPB). Section A7-7A
grants the UCPB authority to review land use actions as enumerated
under Article 12-B of New York State General Municipal Law (GML).
In addition § A7-7B gives the UCPB "... the power to review,
with the right to render advisory reports only, other land use and
land subdivision elsewhere in Ulster County in accordance with General
Municipal Law Article 12-B." This extends the UCPB review authority
beyond the 500-foot jurisdiction found in GML §§ 239-m
and 239-n to all locations within Ulster County. In response, the
UCPB has developed a two-tiered approach for referrals based on project
location either within or outside the 500-foot jurisdiction.
[2]
Boundaries for determining proximity criteria (within or outside
of 500 feet):
[a]
The boundary of any other municipality (also requires
referral to adjoining municipality).
[b]
The boundary of any existing or proposed county
or state park or other recreation area.
[c]
The right-of-way of any existing or proposed county
or state road, parkway or other controlled access highway.
[d]
The existing or proposed right-of-way of any stream
or drainage channel owned by the county for which the county has established
channel lines.
[e]
The existing or proposed boundary of any county-
or state-owned land on which a public building or institution is located.
(b)
Referral requirements. Referral shall be required based on project
location either within or outside the 500-foot jurisdiction, as defined
by the Ulster County Planning Board "Referral Exception Agreement,
Schedule B", as may be amended.
(c)
Timing and final action report.
[1]
A major referral includes the following actions and referral
types: Type I actions, comprehensive plans, zoning statute or map
amendments, or other special authorizations. A major referral shall
be referred to the UCPB 30 calendar days before the UCPB meeting.
All other actions shall be referred 12 calendar days before the UCPB
meeting.
[2]
The Planning Board is required to send the UCPB a record of
its decision within 30 days of taking final action.
F.
Auxiliary approvals.
(1)
Waiver.
(a)
The
Planning Administrator
shall
review and may grant minor waivers
from
the standards of this chapter for minor design variations in circumstances
stipulated in Table 405.26.F.(b)
The Planning Board shall review and may grant
major waivers
from the standards of this chapter
for major design variations in circumstances stipulated in Table 405.26.F.(c)
If a design variation is not stipulated in Table 405.26.F, the
design variation shall be deemed a
major waiver
. Design variations are considered:(d)
Where variations are needed, a waiver request letter shall be
submitted in writing and must clearly identify and describe the waiver
being proposed, accompanied by any plans or other necessary visual
representation as specified for the circumstances outlined by Table
405.26.F.
(e)
The
Planning Administrator
may provide
a recommendation whether or not a waiver should be permitted to the
Planning Board, based upon a specific and individualized determination
that the proposed waiver is consistent with the regulations and intent
of this chapter.(f)
Approval of construction documents does not constitute approval
of a design variation if the waiver has not been specifically requested
in writing and approved pursuant to this section.
|
Table 405.26.F
Defined
Minor Waivers and Major Waivers | ||||
|---|---|---|---|---|
|
Reference to Standard
|
Required Findings
|
Defined
Minor Waiver Relief |
Defined
Major Waiver |
Public Notification/Approval Agency
|
|
Avoid impacts to sensitive natural features, such as steep slopes,
exposed rock formations, sensitive habitats, wetlands and floodplains,
and mature trees
|
Building placement standards may be adjusted by the minimum
extent needed to avoid impact to sensitive natural features.
|
n/a
|
No/Planning Administrator
| |
|
Consistency with planning, design and compatibility intent set
forth in each Transect Zone
|
10% maximum
deviation in numeric
dimensional standards (excluding building height) |
n/a
|
No/Planning Administrator
| |
|
Support the adaptive reuse of existing structures
|
n/a
|
Maximum building footprint may be expanded by up to 100% of
the size of the existing building footprint for new additions
|
Yes/Planning Board
| |
|
Increase value of
site and adjacent lots by maintaining the Transect Zone block dimensions, frontage
occupancy , and parking placement |
n/a
|
Grocery stores may exceed the maximum building footprint
|
Yes/Planning Board
| |
|
§ 405-11, Special District Waterfront
|
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 |
Parking permitted below the first story without a liner building
|
n/a
|
No/Planning Administrator
|
|
§ 405-12, Building type standards
|
Consistency with planning, design and compatibility intent set
forth in each Transect Zone
|
n/a
|
Proposal of additional building types not listed in § 405-12
|
Yes/Planning Board
|
|
§ 405-12, building type dimensional standards
|
Consistency with planning, design and compatibility intent set
forth in each Transect Zone
|
10% maximum
deviation in numeric
dimensional standards |
n/a
|
No/Planning Administrator
|
|
Consistency with planning, design and compatibility intent set
forth in each Transect Zone
|
Building wider than 150 feet but meets the requirements for wide buildings [§ 405-14C(4)] |
n/a
|
No/Planning Administrator
| |
|
Consistency with planning, design and compatibility intent set
forth in each Transect Zone
|
n/a
|
Up to 2 ADU per
lot (one attached
and one detached) |
Yes/Planning Board
| |
|
§ 405-14, Architecture and site design standards
|
Consistency with planning, design and compatibility intent set
forth in each Transect Zone
|
10% maximum
deviation in numeric
dimensional standards |
n/a
|
No/Planning Administrator
|
|
§ 405-14C, Facade composition
|
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 |
Exceptions to the
facade composition
requirements for the portion of facade below the first story |
n/a
|
No/Planning Administrator
|
|
§ 405-14D(5), shopfronts
|
Site constraints
|
Shopfront entrances at intervals greater than 50 feet apart
|
n/a
|
No/Planning Administrator
|
|
§ 405-14G(5), screening of mechanical equipment and service areas
|
When equipment is taller than the maximum height for
garden walls and fences |
Garden wall and fence height may
be extended to match that of at-grade mechanical equipment |
n/a
|
No/Planning Administrator
|
|
§ 405-14K(3), Steep slopes
|
Physical constraints
|
n/a
|
Development on ground which has an incline of 10% to 25%
|
Yes/Planning Board
|
|
§ 405-15C, Waterfront Overlay, public access
|
Site constraints or incompatible
uses |
n/a
|
No public access on parcels outside of the SD-WMU
|
Yes/Planning Board
|
| § 405-15D, Waterfront Overlay standards |
Proposed outdoor storage consists of cultural exhibits/displays
or maritime attractions that positively contribute to the waterfront
pedestrian setting.
|
Exceptions to required screening of outdoor storage areas
|
n/a
|
No/Planning Administrator
|
|
§ 405-16C, Parking requirements
|
Unique site or
use circumstances |
n/a
|
Exceptions to maximum parking limits
|
Yes/Planning Board
|
|
§ 405-16E, parking access
|
Unique site circumstances (corner
lot , or existing horseshoe driveway) |
One additional curb cut permitted
|
n/a
|
No/Planning Administrator
|
|
§ 405-16F, Parking lot landscape standards
|
Unique site or
use circumstances |
n/a
|
Nonpermeable streetscreens
|
Yes/Planning Board
|
|
§ 405-17E, Pedestrian-oriented signs
|
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, as well as the quality of design,
construction, and durability of the sign |
Signage that does not fit the specific regulations of § 405-17 but meets the intent of this chapter
|
n/a
|
No/Planning Administrator
|
|
§ 405-23B, right-of-way width
|
Physical constraints (existing buildings or natural features)
|
New street right-of-way width less than 45 feet
|
n/a
|
No/Planning Administrator
|
|
§ 405-24C(1), minimum usable open space
|
Restrictive lot dimension or physical constraints (existing
buildings or natural features)
|
n/a
|
Less than 10%
usable open space provided |
Yes/Planning Board
|
|
§ 405-24C(6), steep slopes, floodplain or other natural areas
|
Providing improved, usable access to natural features
|
50% maximum allocation of overall
10% minimum public
usable open space |
n/a
|
No/Planning Administrator
|
|
§ 405-24C(2), usable open space in a CVP or WNP
|
Design constraint, such as restrictive lot dimension or physical
constraints (existing buildings or natural features)
|
Backing buildings onto a shared
usable
open space |
n/a
|
No/Planning Administrator
|
|
§ 405-25C(1)(b), Transect Zone allocation
|
80% of proposed housing units meet the requirements of § 405-19 for affordable housing
|
n/a
|
10% to 40% of the CVP may be T5N
|
Yes/Planning Board
|
|
§ 405-25C(2)(d), External connectivity
|
Physical conditions, such as highways, sensitive natural resources,
or unusual topography provide no practical connection alternatives.
|
Proposed dead end must be detailed as a close (a small green
area surrounded by a common driveway serving adjoining lots) and should
provide pedestrian connectivity to the maximum extent practicable.
|
n/a
|
No/Planning Administrator
|
|
§ 405-25C(2)(e), Block size
|
Topographic or site constraints
|
Blocks larger than set standards
per transect |
n/a
|
No/Planning Administrator
|
|
Note:
| ||||
|
Required findings shall be based on the intent of this chapter
or non-self-imposed hardship.
|
(3)
Special use permit. See § 405-26E(2).
G.
SEQRA review.
(1)
Along with filing a
site plan
application,
the applicant shall also complete the prescribed environmental assessment
form supplied by the Planning Administrator
, together with any required supplemental information needed to perform
the environmental review of the project as required by SEQRA.(2)
If the
Planning Administrator
determines
that an application conforms to the terms of the generic environmental
impact statement (GEIS) completed on the provisions of this chapter,
then no additional SEQRA analysis shall be required. This finding
shall be noted in the application's file.(3)
If the
Planning Administrator
determines
that an application does not conform to the terms of the GEIS, such
applications shall be subject to the standard SEQRA requirements as
determined by the review body.H.
Transitional provisions.
(1)
This chapter shall take effect and be in force from and after the
date of its adoption by the Common Council. The following transitional
provisions apply to development application approval and do not apply
to New York State's State Environmental Quality Review Act (SEQRA)
approval.[2]
[2]
Editor's Note: See Environmental Conservation Law, § 8-0101
et seq.
(2)
Complete applications, and applications in compliance review.
(a)
If a development application is accepted as complete, or is
in compliance review by the Planning Board before the effective date
of this chapter or any amendment thereto, at the request of the applicant,
the application should be re-reviewed and decided, at the
Planning Administrator's
option, wholly in
accordance with the development standards in effect when the application
was completed or reviewed, or wholly in accordance with the standards
put into effect by this chapter (but not in accordance with a mix
of provisions from both sets of standards).(b)
If the
Planning Administrator
elects
to have an approval remain in accordance with the prior standards,
and the approval or subsequent authorization of the approved development
expires or becomes invalid (e.g., for failure to comply with time
limits or the terms and conditions of approval), any subsequent development
of the site may be subject to the procedures and standards of this
chapter.(c)
To the extent a development application is approved in accordance with the prior standards and proposed development that does not comply with this chapter, the subsequent development, although allowed, shall be nonconforming and subject to the provisions of § 405-26I,
Nonconforming buildings
and uses
.(3)
Development permitted under existing land use regulations.
(a)
Any development that has received approval under the City's
land use regulations before the effective date of this chapter or
any amendment thereto may be carried out in accordance with the terms
and conditions of the development approval and the procedures and
standards in effect at the time of approval, provided that the approval
does not expire and otherwise remains valid. If significant changes
are made to the development, the Planning Administrator may require
associated studies and surveys to be reworked and resubmitted for
review and approval. If the development approval expires, is revoked
(e.g., for failure to comply with time limits or the terms and conditions),
or otherwise becomes invalid, any subsequent development of the
site
, at the Planning
Administrator's
option, may be subject to the procedures and
standards of this chapter.I.
Nonconforming buildings and uses.
(1)
Continuation, alteration or enlargement. The following provisions
shall apply to all
buildings
and/or uses
existing lawfully on the effective date
of this chapter, which buildings
and/or uses
do not conform to the requirements set
forth in this chapter:(a)
Except as provided in § 405-26I(2) below, any type of
nonconforming use
of buildings
or open land may be continued indefinitely
but:[1]
Shall not be enlarged, extended or placed on a different portion
of the
lot
or parcel of land occupied
by such use
on the effective date of this
chapter, nor shall any external evidence of such use
be increased by any means whatsoever.[2]
Shall not be changed to another
nonconforming
use
.[3]
Shall not be reestablished if such
use
has, for any reason, been discontinued for a period of over one
year or has been changed to or replaced by a conforming use
. Intent to resume a nonconforming use
shall not confer the right to do so.(b)
Buildings
housing nonconforming uses
.[2]
If a
building
which houses a nonconforming use
is destroyed accidentally
due to fire, explosion or other cause, to an extent not exceeding
50% of its true value as determined by the City Tax Assessor, such building
may be restored within one year in
substantially the same size, form and location, and the same nonconforming use
may be reinstated without
being extended. If destroyed to a greater extent, such building
may be restored but only to house
a conforming use
.(c)
Any
building
(other than a sign),
the use
of which is in conformity with
the regulations set forth in this chapter but which building
does not conform to one or more of
the requirements hereof, other than the requirements which apply to buildings
located in designated Historic Districts,
may be altered, enlarged or rebuilt but not in a manner that increases
the degree of nonconformity. This provision shall be liberally interpreted
to allow adaptive reuse of existing buildings
.(d)
Nothing in this article shall be deemed to prevent normal maintenance
and repair of any
building
or the carrying
out, upon issuance of a building permit, of major structural alterations
or demolitions necessary in the interest of public safety. In granting
such a permit, the Building Safety Officer
shall state the precise reason(s) why such alterations were deemed
necessary.(2)
Termination.
(a)
Each of the
nonconforming uses
and
each of the nonconforming features of certain otherwise conforming uses
, as specified in this section, is deemed
sufficiently objectionable, undesirable and out of character in the
district in which such use
is located
as to depreciate the value of other property and uses
permitted in the district and to blight the proper and
orderly development and general welfare of such district and the City.
To promote public health, safety and welfare and the most desirable
use of which the land of each district may be adopted and to conserve
the value of buildings
and enhance the
value of land therein, each such nonconforming
use
and nonconforming feature of an otherwise conforming use
shall be terminated on or before the period
of time after the effective date of this chapter, which time is specified
hereinafter for the purpose of permitting the amortization of the
remaining cost, if any, of such use
:[1]
In any T5N, T4, T3, T2, T1, or SD-MF District, except for a
nonconforming agricultural
use
, any use
of open land, regardless of the presence of any buildings
thereon, that is made nonconforming as a result of
this chapter shall be discontinued not later than three years after
the effective date of this chapter.[2]
In any T5N, T4, T3, T2, T1, or SD-MF District, any
nonconforming use
of buildings
which is not permitted under the provisions of this
chapter in any other district may be continued for a period of 10
years after the effective date of this chapter or 30 years after the
initial establishment of such use
or any
addition thereto adding 50% or more to the real value of such use
, whichever is the longer period, provided
that after the expiration of that period such nonconforming use
shall be terminated.[3]
Any
use
which is nonconforming because
it is not located within a building
that
is fully enclosed shall be discontinued not later than one year after
the effective date of this chapter. However, no such use
will be required to terminate if within
said period it shall be fully enclosed within a building
or if within said period it shall be surrounded with
a solid fence, of material and design acceptable to the Planning Board,
which fence shall be one foot higher than any material stored outdoors,
provided that such fence shall be maintained in good condition at
all times.(b)
If an application is made at least six months before the expiration of the period prescribed in Subsection I(2)(a) for the termination of a
nonconforming use
or of a nonconforming
feature of a conforming use
, and the Board
of Appeals shall find that the period prescribed is unreasonable or
inadequate for the amortization of such value of the property which
may be lost by reason of the required termination, such Board may
grant such extension of the period prescribed as it shall be deemed
to be reasonable and adequate for such amortization, provided that
no such period of extension shall exceed the period prescribed, and
provided further that such extension may not be granted more than
once for any use
.J.
Administration and enforcement.
(1)
Building permits.
(a)
No building or structure in any district shall be erected, placed
on a lot or structurally altered, and no building or structure in
an Landmark Overlay District shall be altered with respect to the
design, arrangement, texture, nature or quality of material, color,
detail or general appearance of a visible portion of any exterior
facade thereof, without a building permit duly issued upon application
to the
Building Safety Officer
, and then
only in compliance and conformity with all the terms and conditions
of such permit.(b)
Every application for a building permit shall be made on forms
provided by the
Building Safety Officer
and shall be accompanied by such fee as may be prescribed from time to time. Except in the case of alterations of a building which do not increase the exterior size thereof, such application shall also be accompanied by two copies of a plot plan drawn to scale consisting of the following. [Where a site plan approval or a special permit is necessary, two copies of all maps and supporting documents shall be submitted; see § 405-26E(1) or 405-26E(2), respectively.][1]
A survey made by a licensed surveyor showing the actual shape,
dimensions, radiuses, angles and area of the lot on which the building
is proposed to be erected or of the lot on which it is situated, if
an existing building, except that in the event the structure to be
erected is less than 500 square feet, the
Building
Safety Officer
may waive the requirement that a survey made
by a licensed surveyor be furnished, provided that the bounds of the
lot are clearly defined on the site
. In
such case, a plot plan shall be provided.[2]
The section, block and lot numbers as they appear on the official
City Assessment Map.
[3]
The exact size, height and location on the lot of the proposed
building or buildings or alteration of an existing building and the
location on the lot of other existing buildings, if any, on the same
lot.
[4]
The location, nature and dimensions of all yards, access driveways,
off-street parking, planting and screening.
[5]
The minimum distance between the subject building and all property
lines and other existing buildings on the same lot.
[6]
The existing and intended use of all buildings, existing or
proposed, the use of land and the number of dwelling units the buildings
are designed to accommodate.
[7]
Such topographic or other information with regard to the building,
the lot or neighboring lots as may be necessary to determine that
the proposed construction will conform to the provisions of this chapter.
(c)
No building permit shall be issued for a building to be used for any use in the district where such use is allowed by a special permit by the Planning Board unless and until the issuance of such permit has been duly authorized by said Board. In instances where site development plan approval is required, no building permit shall be granted until a final approval is secured. Where the property concerned is in a Landmark (L) District, no building, demolition or special permit shall be issued until the Historic Landmarks Preservation Commission shall have reported its findings, pursuant to § 405-26L hereof, with respect to whether the proposed work will adversely affect any Landmark (L) District or whether any building or special permit should be subject to specified conditions, in which case any building or special permit shall be explicitly made subject to such specified conditions. This provision shall exempt all in-kind restoration/rehabilitation work, pointing using historic color collection palettes, minor modifications or alterations to the exterior, signage when in compliance with the regulations herein, as determined by the Planning Administrator to be suitable for a determination of impact issued on an administrative level. No certificate of compliance or occupancy shall be issued until the conditions of the preservation permit and/or building permit have been met. In the event of an application for a building permit for demolition, the
Building Safety Officer
must notify the Historic Landmark Preservation Commission and must
await its report before issuance of said demolition permit. Absent
a report from the Commission within 14 days of notification, the Building Safety Officer
shall proceed as though
Commission approval had been given.(d)
If a building permit is denied, the
Building
Safety Officer
shall state in writing the reasons for such denial.(2)
Certificate of occupancy.
(a)
The following shall be unlawful until a certificate of occupancy
shall have been applied for and issued by the
Building Safety Officer
:(b)
No certificate of occupancy shall be issued for any use of a building or of land allowed by special permit by the Planning Board as specified in § 405-26E(2) of this chapter unless and until the issuance of such special permit has been duly authorized by said Board. Every certificate of occupancy for which a special permit has been issued or in connection with which a variance has been granted by the Board of Appeals shall contain a detailed statement of such special permit or variance and of any conditions to which the same is subject.
(c)
Application for a certificate of occupancy for a new building
or for an existing building which has been altered shall be made on
forms provided by the
Building Safety Officer
after the erection or alteration of such building or part thereof
has been completed in conformity with the provisions of this chapter
or of any variance granted by the Board of Appeals or special permit
issued by the Planning Board. Such certificate shall be issued within
10 days after receipt of said application, but only if all requirements
of this chapter and of all other applicable ordinances or codes in
effect are complied with.(d)
If the proposed use is in conformity with the provisions of
this chapter and of all other applicable laws and ordinances, a certificate
of occupancy for the use of vacant land or for a change of use shall
be issued by the
Building Safety Officer
within 10 days after receipt of a written application therefor.(e)
Every application for a certificate of occupancy or a temporary
certificate of occupancy shall be accompanied by a fee in accordance
with the Fee Schedule of the City of Kingston. Copies of such certificate
will be made available upon payment of a fee to be prescribed by the
Building Department.
(f)
Every certificate of occupancy shall state that the building
or the proposed use of a building or land complies with all provisions
of law, of this chapter, of all other applicable codes or ordinances
of the City and, if applicable, with all provisions of any variance
granted by the Board of Appeals or special permit issued by the Planning
Board.
(g)
Upon written request by the owner, and upon payment of a fee
in accordance with the Fee Schedule of the City of Kingston, the
Building Safety Officer
shall, after inspection,
issue a certificate of occupancy for any building or use therefor
or of land existing at the time of the adoption of this chapter or
of any applicable amendment thereof, certifying such use (including,
if applicable, the number of employees), whether or not the same and
the building conforms to the provisions of this chapter.(h)
A record of all certificates of occupancy shall be kept in the
office of the
Building Safety Officer
,
and copies shall be furnished, on request, to any agency of the City
or to any persons having a proprietary or tenancy interest in the
building or land affected, upon payment of the required fee.(3)
Duties of
Building Safety Officer
and/or Zoning Enforcement Officer
.(a)
It shall be the duty of the duly appointed
Building Safety Officer
and/or Zoning
Enforcement Officer
to enforce the provisions of this chapter
and of all rules, conditions and requirements adopted or specified
pursuant thereto, literally.(b)
The
Building Safety Officer
and/or Zoning Enforcement Officer
shall have the right
to enter any building or land at any reasonable hour in the course
of their duties. The Building Safety Officer
and/or Zoning Enforcement Officer
shall
maintain files of all applications for building permits and plans
submitted therewith and for certificates of occupancy they have issued,
which files and records shall be open to public inspection.(c)
Said
Building Safety Officer
and/or Zoning Enforcement Officer
shall keep a record
of every identifiable complaint of a violation of any of the provisions
of this chapter and of the action taken consequent on each such complaint,
which records shall be public records.(4)
Penalties for offenses.
(a)
A violation of any provisions of this chapter shall constitute
the offense of nuisance. Any person who files any application or request
for a certificate or permit and who willfully or knowingly makes any
false statement therein or who, upon request for further information
relating to such application or request, willfully or knowingly furnishes
false information shall be deemed to have violated the section of
this chapter relating to such application or request.
(b)
Following written notice, served by registered mail or by personal
service, to the effect that a violation of any provisions of this
chapter exists and that it must be rectified within a stated period
of time established by the
Building Safety Officer
and/or Zoning Enforcement Officer
, the Building Safety Officer
and/or Zoning Enforcement Officer
may, if said violation
has not been rectified within the stated period of time, issue an
appearance ticket for City Court for said violation. For any and every
such violation, the owner, general agent or contractor of a building
or premises or part thereof where such violation has been committed
or shall exist and the general agent, architect, builder, contractor
or any other person who commits, takes part or assists in such violation
or who maintains any building or premises in which any such violation
shall exist shall, upon conviction, be subject to a penalty of not
more than $500, unless otherwise provided for in this chapter, and/or
imprisonment for a term not to exceed 30 days and, in addition, shall
pay all costs and expenses incurred by the City in determining such
violation. Each and every day that any such violation continues shall
constitute a separate offense unless otherwise provided for in this
chapter.(c)
Penalties shall be collected and violations of this chapter
shall be prosecuted in the manner prescribed by law or ordinance effective
in the City of Kingston.
(d)
Nothing in this chapter shall prevent any property owner or
resident of the City, the City itself, any board or agency of the
City or any persons residing on or owning property outside the City
from availing themselves of any lawful remedy in preventing or abating
any violation of any provision of this chapter. Whenever any person
who engaged in or is about to engage in any act or practice which
constitutes or will constitute a violation of any provision of this
chapter, the Corporation Counsel may make application to any court
having jurisdiction for an order granting the entry of a money judgment
against the owner, general agent or contractor of a building or premises
or a part thereof or the general agent, architect, builder, contractor
or any other person who is convicted of a violation of this chapter
for the penalty imposed and the costs and expenses incurred by the
City in determining such violation and/or for an order enjoining such
act or practice or requiring such person to remove the violation or
directing the restoration entirely, or as nearly as may be practicable,
of any improvement or any exterior architectural feature thereof or
improvement parcel affected by or involved in such violation, and
upon a showing that such person has engaged or is about to engage
in any such act or practice, a permanent or temporary injunction or
restraining order or other appropriate order shall be granted without
bond.
(e)
In addition to any criminal penalties available or imposed for
violations of this chapter and any injunctive relief available or
obtained to abate or restrain violations of this chapter, any person
violating this chapter shall be liable for a civil penalty not to
exceed $500, plus the cost of determining the violation for each violation.
Each day that a condition which violates this chapter continues shall
constitute a separate violation and subject the person violating this
chapter to an additional civil penalty.
K.
Board of Appeals.
(1)
Purpose. A Zoning Board of Appeals shall be maintained and operate
in accordance with Article 5-A of the New York State General City
Law, §§ 81, 81-a, 81-b. The Zoning Board of Appeals
shall have all of the authority, jurisdiction and duties granted to
such Board by §§ 81, 81-a, 81-b of the New York State
General City Law and any other applicable state law, and shall fulfill
its duties in accordance with those grants of authority and in accordance
with this zoning chapter.
(2)
Establishment and membership. Pursuant to § 81 of the New
York State General City Law there is hereby established a Zoning Board
of Appeals consisting of five members appointed by the Mayor. All
members of the Zoning Board of Appeals shall be residents of the City
of Kingston. The members of the Board serving at the time this chapter
is passed shall continue in office as members of the Board hereby
established.
(a)
The Mayor shall choose two of these members to serve one-year
terms; two of these members to serve two-year terms; and one member
to serve a three-year term.
(b)
The Mayor shall designate one of the Zoning Board of Appeals
members as Chairperson to preside at all meetings and hearings and
to fulfill the authorized duties of that office. In the absence of
the Chairperson, the Zoning Board of Appeals may designate another
member of the Zoning Board of Appeals to serve as Acting Chairperson.
All meetings of the Zoning Board of Appeals shall be held at the call
of the Chairperson and at such time as the Zoning Board of Appeals
may determine. Such Chairperson or, in his or her absence, the Acting
Chairperson, may administer oaths and compel the attendance of witnesses.
(c)
Pursuant to § 81, Subdivision 11(a), of the New York
General City Law, alternate Zoning Board of Appeals member positions
for the City of Kingston Zoning Board of Appeals are hereby established
for use when a regular member cannot participate due to a conflict
of interest. Under New York Municipal Home Rule Law, alternate Zoning
Board of Appeals members shall also serve in place of a regular member
who is absent. Alternate members shall be appointed by the Mayor.
[1]
The Mayor shall appoint up to three alternate Zoning Board of
Appeals members.
[2]
The Chairperson shall designate an alternate member to substitute
for a member when such member is unable to participate because of
a conflict of interest on an application or matter before the Board,
or by absence. When so designated, the alternate member shall possess
all the powers and responsibilities of such member of the Zoning Board
of Appeals. Such designation shall be entered into the minutes of
the initial Zoning Board of Appeals meeting at which the substitution
is made.
[3]
All provisions relating to Zoning Board of Appeals member training
and continuing education, attendance, conflict of interest, compensation,
eligibility, vacancy in office, removal, compatibility of office and
service on other boards, shall also apply to alternate members.
(d)
No person who is a member of the Common Council shall be eligible
for membership on the Zoning Board of Appeals.
(3)
Terms of members now in office. Members now holding office for terms
which do not expire at the end of a calendar year shall, upon the
expiration of their term, hold office until the end of the year, and
their successors shall then be appointed for terms which shall be
equal in years to the number of members of the Board.
(4)
Training requirements.
(a)
Each member of the Zoning Board of Appeals and each alternate
member shall complete a minimum of four hours of training each year,
designed to enable such members to more effectively carry out their
duties. Training received by a member in excess of four hours in any
one year may be carried over into succeeding years in order to meet
this requirement. Such training shall be approved by the Common Council
and may include, but is not limited to, training provided by a municipality,
regional or county planning office or commission, county planning
federation, state agency, statewide municipal association, college
or other similar entity. Training may be provided in a variety of
formats, including but not limited to electronic media, video, distance
learning and traditional classroom training.
(b)
To be eligible for reappointment, a member or alternate member
must have completed the training approved by the City.
(c)
The training requirement may be waived or modified by resolution
of the Common Council when, in the Council's judgment, it is
in the best interest of the City to do so.
(d)
No decision shall be voided or declared invalid because of a
failure to comply with this requirement.
(5)
Vacancies. Members of the Zoning Board of Appeals shall continue
to serve until a successor is appointed. In the event a vacancy occurs,
other than by the expiration of a term, the Mayor shall appoint a
new member for the remainder of the unexpired term.
(6)
Removal of members.
(a)
The Mayor shall have the power to remove any member or alternate
member of the Zoning Board of Appeals for cause. Cause for removal
of a member or alternate member may include one or more of the following:
(b)
Any person or persons jointly or severally aggrieved by any
decision to remove for cause may apply to the Ulster County Supreme
Court for review by a proceeding under Article 78 of the Civil Practice
Law and Rules. Such proceeding shall be instituted within 30 days
after the filing of a decision by the Mayor to remove.
(7)
Rules and operations.
(a)
The Zoning Board of Appeals will have the power to adopt, for
its procedure and government, rules not inconsistent with law or ordinance.
(b)
Meetings.
[1]
Meetings of the Zoning Board of Appeals will be held at least
once each month, except in the month of August, at fixed dates established
at the first meeting held in the first month of January each year.
Additional meetings may be held at the call of the Chair and at such
other times as the Zoning Board of Appeals may determine.
[2]
Minutes of the Zoning Board of Appeals proceedings and documentation
of findings for its decisions must be maintained in the office of
the
Zoning Enforcement Officer
.[3]
The Mayor shall assign a secretary to the Zoning Board of Appeals
to handle the clerical work for the Board and other duties pertaining
to the functions of the Board.
[4]
The Corporation Counsel may advise and assist the Board at all
meetings. The Board may call on other City departments for assistance
in the performance of its duties, and it will be the duty of such
other departments to render such assistance to the Board as may be
reasonably required.
(8)
Powers and duties. The Zoning Board of Appeals shall have all the
powers and duties prescribed by § 81-b of Article 5-A of
the New York State General City Law and by this chapter, which are
more particularly specified as follows:
(a)
Orders, requirements, decisions, interpretations and determinations.
The Zoning Board of Appeals may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision, interpretation or
determination as in its opinion ought to have been made in the matter
by the
Zoning Enforcement Officer
. To
that end, the Zoning Board of Appeals shall have all the powers of
the enforcement officer from whose order, requirement, decision, interpretation
or determination the appeal is taken.(b)
Filing requirement. Every rule, regulation, every amendment
or repeal thereof, and every order, requirement, decision, or determination
of the Zoning Board of Appeals shall be filed in the office of the
City Clerk within five business days and shall be a public record.
(c)
Assistance to the Zoning Board of Appeals. Subject to § C13-3J of the Charter of the City of Kingston, the Zoning Board of Appeals shall have the authority to call upon any department, agency or employee of the City of Kingston for such assistance as shall be deemed necessary and as shall be authorized by the Mayor.
(d)
Filing of administrative decision and time of appeal.
[1]
Each order, requirement, decision, interpretation or determination
of the administrative official charged with the enforcement of the
zoning local law or ordinance shall be filed in the office of such
administrative official within five business days from the day it
is rendered, and shall be a public record. Alternately, the legislative
body of the City may, by resolution, require that such filings instead
be made in the City Clerk's office.
[2]
An appeal shall be taken within 60 days after the filing of
any order, requirement, decision, interpretation or determination
of the administrative official, by filing with such administrative
official and with the Board of Appeals a notice of appeal, specifying
the grounds thereof and the relief sought. The administrative official
from whom the appeal is taken shall forthwith transmit to the Board
of Appeals all the papers constituting the record upon which the action
appealed from was taken.
(e)
Public hearing. The Zoning Board of Appeals shall fix a reasonable
time for hearing of the appeal or other matter referred to it and
give public notice of such hearing by publication in a paper of general
circulation in the City of Kingston at least five days prior to the
date of the hearing. The cost of sending or publishing the notice
shall be borne by the appealing party and shall be paid to the Zoning
Board of Appeals prior to the hearing of such appeal. Upon the hearing,
any party may appear in person, or by agent or attorney.
[1]
Notice to Park Commission and County Planning Board or Agency
or Regional Planning Council. At least five days before such hearing,
the Board of Appeals shall mail notices thereof to the parties; to
the Regional State Park Commission having jurisdiction over any state
park or parkway within 500 feet of the property affected by such appeal;
and to the County Planning Board or Agency or Regional Planning Council,
as required by § 239-m of the General Municipal Law and § A7-7
of the Ulster County Administrative Code, which notice shall be accompanied
by a full statement of such proposed action, as defined in Subdivision
1 of § 239-m of the General Municipal Law.
[2]
In any application or appeal for a variance, the Clerk of the
Zoning Board of Appeals shall provide written notice of the public
hearing, along with the substance of the variance appeal or application,
to the owners of all property abutting, or directly opposite, that
of the property affected by the appeal; and to all other owners of
property within 100 feet of the property which is subject of the appeal.
Such notice shall be provided by certified mail at least five days
prior to the date of the hearing.
(f)
Compliance with the State Environmental Quality Review Act. The Zoning Board of Appeals shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations.
(g)
Time to render decision. The Zoning Board of Appeals shall make
its decision on the appeal within 62 days after the close of the public
hearing. The time in which the Zoning Board of Appeals must render
its decision may be extended by mutual consent of the applicant and
the Zoning Board of Appeals. In the event that a decision is not rendered
within 62 days, absent an extension entered by mutual consent, the
appeal will be deemed granted.
(h)
Voting requirements.
[1]
Decision of the Board. Except as in the case of a rehearing as set forth in § 405-26K(10) of this article, every motion or resolution of the Zoning Board of Appeals shall require for its adoption the affirmative vote of a majority of all the members of the Zoning Board of Appeals as fully constituted, regardless of vacancies or absences. Where an action is subject to referral to the County Planning Board, the provisions of § 239-m of the New York State General Municipal Law and § A7-7 of the Ulster County Administrative Code shall apply.
[2]
Default denial of appeal. In exercising its appellate jurisdiction only, if an affirmative vote of a majority of all members of the Zoning Board of Appeals is not attained on a motion or resolution to grant a variance or reverse any order, requirement, decision or determination of the enforcement officer within the time allowed in Subsection I above, the appeal is denied. The Zoning Board of Appeals may amend the failed motion or resolution and vote on the amended motion or resolution within the time allowed being subject to the rehearing process, as set forth in § 405-26K(10) of this article.
(i)
Filing of decision. The decision shall be filed in the office
of the City Clerk within five business days after the day such decision
is rendered, and a copy thereof mailed to the applicant.
(9)
Variances. The Zoning Board of Appeals is empowered to authorize,
in accordance with General City Law § 81-b, Subdivisions
3 and 4, upon denial of a building permit, a variance from the terms
of this chapter. In determining an application for a variance pursuant
to the standards below, the applicant may introduce and the Board
may consider evidence regarding the impact of the requested variance
on the public interest where, owing to exceptional and extraordinary
circumstances, there are practical difficulties or unnecessary hardships
in the way of the carrying out of the strict letter of this chapter.
(a)
Use variances. The Zoning Board of Appeals, upon appeal from
the decision or determination of the enforcement officer, shall have
the power to grant use variances, authorizing a use of land which
otherwise would not be allowed or would be prohibited by the terms
of this chapter.
[1]
No such use variance shall be granted by the Zoning Board of
Appeals without a showing by the applicant that the applicable zoning
regulations and restrictions have caused unnecessary hardship. In
order to prove such unnecessary hardship the applicant shall demonstrate
to the Zoning Board of Appeals that for each and every permitted use
under this zoning chapter for the particular district where the property
is located:
[a]
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence.
[b]
The alleged hardship relating to the property in
question is unique, and does not apply to a substantial portion of
the district or neighborhood.
[c]
The requested use variance, if granted, will not
alter the essential character of the neighborhood; and
[d]
The alleged hardship has not been self-created.
[2]
The Zoning Board of Appeals, in granting the use variance, shall
grant the minimum variance that it shall deem necessary and adequate
to address the unnecessary hardship proven by the applicant and, at
the same time, preserve and protect the character of the neighborhood
and the health, safety, and welfare of the community.
(b)
Area variances. The Zoning Board of Appeals, upon appeal from
the decision or determination of the enforcement officer, shall have
the power to grant area variances.
[1]
In making its determination, the Zoning Board of Appeals shall
take into consideration the benefit to the applicant if the area variance
is granted, as weighed against the detriment to the health, safety
and welfare of the neighborhood or community by such grant. In making
such determination, the Zoning Board of Appeals shall also consider:
[a]
Whether the benefit sought by the applicant can
be achieved by some method feasible for the applicant to pursue, other
than an area variance;
[b]
Whether the requested area variance is substantial;
[c]
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district; and
[d]
Whether the alleged difficulty was self-created.
This consideration shall be relevant to the decision of the Zoning
Board of Appeals, but shall not necessarily preclude the granting
of the area variance.
[2]
The Zoning Board of Appeals, in granting of the area variance,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
(c)
The Zoning Board of Appeals shall, in granting both use variances
and area variances, have the authority to impose such reasonable conditions
and restrictions as are directly related to and incidental to the
proposed use of the property. Such conditions shall be consistent
with the spirit and intent of this zoning chapter and the Comprehensive
Plan for the City of Kingston, and shall be imposed for the purpose
of minimizing any adverse impact such variance may have on the neighborhood
or community.
(d)
Once granted, variances run with the land and, once granted,
every subsequent owner of the property shall have the benefit thereof
unless the Zoning Board of Appeals imposes time-based restrictions
and/or conditions to the contrary.
(10)
Rehearing. A motion for the Zoning Board of Appeals to hold
a rehearing to review any order, decision or determination not previously
reheard may be made by any member of the Zoning Board of Appeals.
A unanimous vote of all members of the Zoning Board of Appeals then
present at the meeting is required for such rehearing to occur. Such
rehearing is subject to the same notice provisions as an original
public hearing. Upon such rehearing, the Zoning Board of Appeals may
reverse, modify or annul its original order, decision or determination.
The vote must be unanimous of all the members of the Zoning Board
of Appeals that are present at the meeting, provided that the Zoning
Board of Appeals finds that the rights vested in persons acting in
good faith in reliance upon the reheard order, decision or determination
will not be prejudiced thereby.
(11)
Proceedings.
(a)
The powers and duties of the Board of Appeals shall be exercised
in accordance with its own rules of conduct and procedure, which rules
shall be consistent with and pursuant to all the provisions of City
law applicable thereto.
(b)
In addition, at least 10 days before the date of any public
hearing, the Clerk of the Zoning Board of Appeals shall transmit to
the Planning Office of the City of Kingston and, where the property
concerned is in a Landmark Overlay District, to the Kingston Historic
Landmark Preservation Commission, a copy of any appeal or application,
together with a copy of the notice of such hearing. The Planning Board
or Historic Landmark Preservation Board may submit to the Zoning Board
of Appeals an advisory opinion on said appeal or application at any
time prior to the public hearing, and such opinion shall be made part
of the official record thereof.
(c)
The Building Department shall give notice of a variance application
or zoning change request by first-class mail at least 10 days prior
to the public hearing to all properties contiguous and adjacent to
the applicant's property. "Adjacent" shall be deemed to include
the properties across any streets or roadways as if the street or
roadway did not exist. A sign or signs will be posted on the applicant's
property by the Building Department, at the expense of the owner/applicant,
10 days prior to the public hearing.
L.
Historic Landmarks Preservation Commission.
(1)
Creation; composition and terms. There is hereby created a Commission
to be called the "Historic Landmarks Preservation Commission of the
City of Kingston." This Commission shall consist of seven members,
to be appointed by the Mayor of the City of Kingston for terms of
office of three years, which shall be so arranged that approximately
1/3 of the terms shall expire each year. Upon adoption of this article,
present members shall serve until expiration of their terms. Members
of the Commission may be reappointed for succeeding terms.
(2)
Membership qualifications. One member of the Commission shall be
a licensed practicing architect. One member shall be an owner of a
City-designated building or an owner in a City Historic District.
All other members shall be residents of the City of Kingston at the
time of their appointment and throughout their membership, with a
knowledge of and interest in the historic background of the City and
the trends of its future development, with demonstrated concern for
the material, economic and cultural development of the City through
the principles for which the Commission is created.
(3)
Appointments and vacancies. The Commission shall, prior to 30 days
before the expiration of the terms of each class of Commissioners,
submit to the Mayor of Kingston a list of eligible and qualified candidates,
which the Mayor may consider in making a selection of successors.
(4)
Rules of procedure. The Commission shall establish its own rules
of procedure, provided that all regular and special meetings be open
to the public except when a member of the Commission requests that
part or all of the meeting shall be held in executive session, which
shall be permitted in accordance with the applicable Open Meetings
Law.[3]
[3]
Editor's Note: See Public Officers Law, § 100 et
seq.
(5)
Costs of operation; budget requests. The cost of operation of the
Commission shall be funded by the City of Kingston. The Commission
shall submit its budget and all requests for appropriations to the
Mayor of the City of Kingston, annually on or before a date specified
by the Mayor.
(6)
Powers and duties.
(a)
The Commission shall have the following powers and duties:
[1]
To recommend to the Common Council that it establish certain
landmarks or Landmark (L) Districts. A landmark or Landmark (L) District
may be or may include an exterior or publicly accessible interior
and may include areas comprising all or portion of:
[2]
To review all applications for building permits, all outwardly
physical installations and all appeals and applications transmitted
to the
Building Safety Officer
which may affect any landmark or Landmark (L) District, and to make determinations accordingly, which shall be binding in accordance with § 405-26J(1)(c).[3]
To apply or impose in accordance with the standards set forth in § 405-26L(8) herein, with respect to the construction, reconstruction, alteration or demolition of such building or the performance of work thereon, regulations, limitations, determinations or conditions which are more restrictive than those prescribed or made by or pursuant to other provisions of law applicable to such activities, work or use.
[4]
At its discretion and with the property owner's consent,
to cause to be prepared and placed upon or near any landmark or Landmark
(L) District a suitable plaque declaring that fact.
[5]
The Commission may make such investigations and studies of matters
relating to the protection, enhancement, perpetuation and restoration
of landmarks as the Commission may, from time to time, deem necessary
or appropriate for the effectuation of the purpose of this article
and may submit reports and recommendations as to such matters to the
Mayor and other agencies of the City government. In making such investigations
and studies, the Commission may hold such public hearings as it may
deem necessary or appropriate.
[6]
To make all appropriate arrangements for the general transaction
of its business, including the receipt and disbursement of funds,
and to retain or employ professional consultants, secretaries, clerks
or other such personnel as may be necessary to assist the Commission
in carrying out its duties with such funds as may be made available
to it by the Common Council in its sole judgment and discretion.
(b)
Any and all applications shall be considered and decided by
a majority vote of the total membership of the Commission at a duly
called meeting of the Commission.
(7)
Landmark or Landmark District designation procedure.
(a)
The Commission shall consider for a landmark or Landmark District
designation real property proposed by motion of any Commission member
or by owner of such property or by written request signed by 10 residents
of the City of Kingston.
(b)
The criteria for the designation of landmarks shall particularly
favor such designation where the proposed landmark or Landmark District:
[1]
Exemplifies or reflects the broad cultural, political, economic
or social history of the nation, state or community;
[2]
Is identified with historic personages or with important events
in national, state or local history;
[3]
Embodies distinguishing characteristics of an architectural-type
specimen, inherently valuable for a study of a period, style, method
of construction or of indigenous materials or craftsmanship; or
[4]
Is representative of the notable work of a master builder, designer
or architect whose individual ability has been recognized.
(c)
Notice of a proposed designation, including the amendment of
a prior designation or proposed designation, shall be sent by the
Commission by certified mail or personal delivery to the last owner
of record, as the names and addresses shall appear on the records
of the Assessor of the City of Kingston, briefly describing the proposal
for designations and the date, time and location of the public hearing
by the Commission to consider the proposed designation. The notice
required hereunder shall be sent at least 14 days prior to the public
hearing. Once the Commission has issued notice of a proposed designation,
no building permits or demolition permits shall be issued by the
Building Safety Officer
until the Commission
has made its decision.(d)
The Commission shall also cause notice of the proposed designation
to be published at least once, at least 14 days prior to the public
hearing, in a newspaper having general circulation in the City of
Kingston.
(e)
The Commission shall hold a public hearing to consider all proposals
for the designation of any property as a landmark. The Commission
and any other interested parties may solicit expert testimony and
offer other evidence relevant to the designation of the proposed landmark.
(f)
Following the public hearing, the Commission shall forward to
the Common Council of the City of Kingston and to the proper owners
its recommendations concerning designation of a landmark or a Landmark
District. The designation shall be effective upon ratification by
the Common Council. Pending ratification, the proposed landmark or
Landmark District shall have interim protection.
(g)
Emergency designation. The Commission shall forward to the Common
Council of the City of Kingston and to the owners (if known) and also
to the persons in charge of all property affected by its recommendations,
if any, for the designation of a landmark or Landmark (L) District,
together with notice of its finding of need for immediate designation
of a landmark or Landmark (L) District. It shall forward copies of
its recommendation to the
Building Safety Officer's
office, with notice of its finding of need for immediate designation,
and, in that case, such recommendations shall be deemed to be in full
force and effect, pending public hearing, Commission recommendation
and final action by the Common Council, and the Building Safety Officer
shall perform their respective functions and duties as though the recommendations of the Commission have been adopted in their entirety by the Common Council. A designation by the Commission on a finding of immediate need shall be effective from the date of mailing or personal delivery of the notice of designation to the owner of the property (if known) in the same manner as the notice requirements of Subsection L(7)(c) hereof and shall expire 90 days thereafter if the Common Council shall have failed to act within said period. The notice shall specify the recommendations of the Commission, its reasons therefor and the right of appeal as contained in § 405-26L(14).(8)
Landmarks and Landmark (L) Districts.
(a)
Legislative intent.
[1]
The purpose of this subsection is to provide for the promotion
of the educational, cultural, economic and general welfare of the
public through the protection, enhancement, perpetuation and preservation
of landmarks and Landmark (L) Districts. The legislative body declares
that it is in the public interest to ensure that the distinctive landmarks
and Landmark (L) District shall not be injuriously affected, that
the value to the community of those buildings having architectural
and historical worth shall not be impaired and that said districts
be maintained and preserved to promote their use of the education,
pleasure and welfare of the citizens of the City of Kingston and others.
[2]
The Stockade (Area) District of Kingston, consisting of eight
blocks bounded by Clinton Avenue, Main Street, Green Street and North
Front Street, together with protective perimeter, is the site of the
stockade ordered built by Peter Stuyvesant in 1658 and successive
extensions under English rule. In this area, there were two conflicts
with Esopus Lenni Lenape people, one in 1659 - 1660 and one in 1663
- 1664. It is also the location of the founding of the first government
of the State of New York in 1777, burned by the British that same
year. This area contains architecture dating bock to the 17th and
18th Centuries, including the corner of Crown Street and John Street
with four pre-Revolutionary stone houses, one on each corner of the
intersection. In addition to the distinctive pre-Revolutionary stone
houses, the district has 19th Century structures in Federal Period,
Greek Revival, Italianate and Second Empire and Queen Anne styles
as well as the mid-19th Century stone Old Dutch Church, a National
Landmark.
[a]
This area, which represents an important heritage
relative to the Dutch and English Colonial periods, is defined on
the Regulating Map and is declared to be a Landmark District (and
an Historic and Architectural Design Overlay District).
[b]
This area contains the architecture of the past
300 years, and new development must not be allowed to erode the best
of the architectural spaces and cultural organizations of the past.
[3]
The Rondout Landmark District consisting of the area as shown
on the Regulating Map. The Rondout Historic District encompasses the
area sloping down to and featuring the waterfront on Rondout Creek.
Rondout was rapidly transformed from farmland into a thriving maritime
village after the opening in 1828 of the Delaware and Hudson Canal
with its terminus here. Plentiful jobs on the canal, in boatyards
and shipping, in industries such as brick and cement manufacturing
as well as bluestone, drew a melting pot of immigrants whose imprint
is still visible in the rich legacy of commercial buildings, cast-iron
storefronts, homes and churches in the district despite losses due
to urban renewal in the 1960s.
[4]
The Fair Street Landmark District consisting of the area as
shown on the Regulating Map. Starting in the mid-19th Century, a long
line of distinguished residences representing several architectural
styles were erected along Fair Street extending out from the Stockade
District as affluent people began moving out from the Stockade District
and building substantial structures. The tree-shaded street has significant
examples of the Italianate, Second Empire, Queen Anne, and Colonial
Revival architecture.
[5]
The Chestnut Street Historic District consisting of the area
as shown on the Regulating Map. The district encompasses both West
and East Chestnut Streets offering splendid examples of various architectural
styles, including Italianate, French Second Empire, Queen Anne, Colonial
Revival, and Italian Renaissance, many set on expansive lawns. In
the 19th Century on West Chestnut Street at the top of the hill above
Rondout, several of the most affluent and powerful business people
in Rondout built large homes, some with magnificent views of the Hudson
River and Catskill Mountains.
(b)
Applicability and guidelines. This section shall apply to all
buildings, structures, outbuildings, walls, fences, steps, topographical
fixtures, earthworks, landscaping, paving and signs of a landmark
or Landmark District. No changes in any exterior architectural feature,
including but not limited to, construction, reconstruction, alteration,
restoration, removal, demolition or painting, shall be made except
as hereinafter provided. To assist in the conservation action, several
specific guidelines are included:
[1]
Because of the visual importance of the Old Dutch Church steeple,
no new structure may rise within the Stockade District above the base
of the steeple, which is 62 feet above the curb level.
[2]
Many of the most important buildings in Landmark Districts are stone, wood or brick, with only two or three surface materials used on any building. There are almost no large areas of glass or polished metal. For this reason, design criteria references in § 405-26L(9) and as specified by the Historic Landmarks Preservation Commission to match this condition are placed on all restoration and construction.
[a]
Site design. In determining building setbacks for
new construction, the Commission may require new buildings to be set
behind existing building lines to give emphasis to existing structures
of historic or aesthetic merit or to allow for suitable landscaping.
New construction shall be compatible with the district in which it
is located.
[b]
Landscaping and paving. Landscaping may be required
by the Commission and is deemed an important element of site development.
[i]
Evergreen materials may be required for screen
functions.
[ii]
Recommendations may be made to the Commission
by a landscape architect or designer approved by the Commission.
[iii]
Bluestone, slate or brick may be prescribed for
sidewalks.
[iv]
Maintenance of plant material shall be the responsibility
of the owner, including responsibility to keep growth trimmed and
trained, to meet the Commission requirements.
[c]
Parking. Parking areas shall be partially screened
from public view, with appropriate walls, structures, fences or landscaping.
[d]
Maintenance. Preventive maintenance is required
in order to assure that these buildings, spaces, elements and details
are preserved. Deliberate neglect and/or lack of preventative maintenance
that presents an issue of public safety or rapid deterioration of
a structure shall be a violation of this article.
(c)
Relation to underlying zoning districts. The underlying zoning
districts shall apply within the landmark or Landmark District as
follows:
[1]
The zone regulations shall apply within the landmark or Landmark
District with respect to limitations on height, except as noted above,
building spacing, yard and parking requirements.
[2]
Other provisions of these regulations related to land use shall
remain in force; all other controls shall remain in force to the extent
they do not conflict with the intent and purpose of this section.
(9)
Review procedure.
(a)
No person shall carry out any exterior or historically designated
publicly visible interior alteration, restoration, reconstruction,
demolition, new construction or moving of a landmark or property within
a Landmark District nor shall any person make any material change
in the appearance of such a property, its light fixtures, signs, sidewalks,
fences, steps, paving or other exterior elements visible from a public
street or alley which affect the appearance and cohesiveness of the
Historic District without first obtaining a preservation notice of
action from the Landmarks Commission and a notification to the applicant
to obtain a building permit, if necessary. A preservation notice of
action does not obviate the need for a building permit.
(b)
Criteria. In making such determinations, the Commission shall
consider:
[1]
The effect of the proposed work in changing, destroying or affecting
the exterior features of the landmark or Landmark (L) District upon
which such work is to be done;
[2]
The relationship between the results of such work and the exterior
architectural features of other neighboring improvements;
[3]
The factors of aesthetic, historical and architectural values
and significance, architectural style, design, arrangement, texture,
material and color;
[4]
The special character and aesthetic interest that any structure
involved adds to the area; and
[5]
The difficulty or impossibility of reproducing any structure
involved because of its design, texture, material, position or detail.
(c)
All applications shall be considered by the Commission on at
least the following points, these points to be used as a basis, where
relevant, for establishing relationships to the external features
of buildings in the immediate neighborhood:
[1]
The building height in relation to surrounding buildings;
[2]
The relationship to nearby roof shapes;
[3]
The relationship between the width to height of the front elevation;
[4]
The size, proportion and spacing of openings within the facade and
elevations exposed to view;
[5]
The rhythm of spacing of buildings and building elements on the street;
[6]
The design and placement of entrances and projections;
[7]
The relationships of materials, textures and colors;
[8]
The relationship of architectural details;
[9]
The continuity of walls;
[10]
The relationship of landscape elements;
[11]
The appropriateness of paving; and
[12]
The effect on existing or historically significant spaces.
(d)
It shall be the further duty of the Commission to exercise judgment
in accord with the basis of decisions stated herein and maintain the
desirable character of the landmark or Landmark District and prevent
construction, reconstruction, alteration or demolition out of harmony
with existing buildings insofar as character, material, color, line
and detail are concerned, and thus to prevent degeneration of property,
to safeguard public health, promote safety and preserve the beauty
of the character of the landmark or Landmark District.
(e)
It shall be the further duty of the Commission to exercise judgement
in accord with the guidance of the United States Secretary of the
Interior Standards for Rehabilitation.
(10)
Preservation permit for change in exterior architectural features.
(a)
The preservation notice of action required by this subsection
shall be in addition to, and not in lieu of, any building permit that
may be required by any other ordinance of the City of Kingston, New
York. In the event of overlapping reviews, the most restrictive review
shall apply.
(b)
Prior to the commencement of any work requiring a preservation
notice of action, the owner shall file an application for a preservation
notice of action, which shall be made, in writing, in duplicate, to
the Commission and shall contain the following:
[1]
The name, address, telephone number and signature of the owner.
[2]
The name, address, telephone number and signature of the applicant.
[3]
The location of the building, structure or land; the exterior
architectural features which are proposed to be changed.
[4]
The elevations of the proposed change.
[5]
A perspective drawing.
[6]
Samples of colors or materials to be used in the proposed change.
[7]
Where the proposed change includes signs or lettering, all dimensions
and colors, a description of materials to be used and the method of
illumination, if any, and showing the location on the building or
property.
[8]
Photographs of existing conditions may be required.
[9]
Whatever additional information the Commission deems necessary
to evaluate the application.
(c)
Prior to submitting a formal application, the applicant or their
representative may meet with the Commission and/or its staff to informally
discuss plans for alterations of exterior features. In order to avoid
unnecessary expense and delay, a sketch or schematic design for the
construction, alteration or repair of any regulated activity may be
presented to the Commission. A preliminary design should show the
relation to adjacent structures and spaces. The Commission may advise
or recommend alteration and changes in the application.
(d)
Procedure to be followed for a preservation notice of action.
[1]
Within a reasonable time after a completed formal application
is filed with the Commission, but in any event within 90 days after
such filing or within such further time as the applicant may, in writing,
allow, the Landmarks Commission shall conduct a public meeting to
approve or deny the application or approve the application with modifications.
At said public meeting, opportunity shall be provided to proponents
and opponents to present their views.
[2]
All decisions of the Commission shall be in writing. A copy
shall be sent to the applicant by mail and a copy filed with the Building
Department for public inspection. The Commission's decision shall
state the reasons for denying or modifying any application. Approval
to proceed will be documented by the issuance of a preservation notice
of action. The conditions upon which the preservation notice of action
is issued will be stated, in writing, on the preservation notice of
action. During work upon any preservation notice of action, if a modification
is sought, such must be approved by an amended preservation notice
of action issued by the Commission. Compliance will be necessary to
obtain a final certificate of occupancy or certificate of compliance
from the Building Department. The preservation notice of action shall
be valid for one year. At all times during this term, the preservation
notice of action shall be prominently posted in public view pursuant
to local law governing building permit posting.
(e)
Inspection. If, upon inspection, the Historic Landmarks Preservation
Commission (HLPC) determines that the work is not in conformity with
the preservation notice of action, the HLPC shall notify the Building
Department, in writing. No certificate of occupancy or certificate
of compliance shall be issued thereupon until the work is altered
to be in conformity with the preservation notice of action.
(11)
Hardship.
(a)
An applicant whose preservation notice of action for a proposed
demolition or alteration has been denied may apply for relief on the
grounds of hardship. The hardship shall not be self-inflicted. In
order to prove the existence of hardship, the applicant shall establish
that:
[1]
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
[2]
The property cannot be adapted for any other use, whether by
the current owner or by a purchaser, which would result in a reasonable
return; and
[3]
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(b)
Hardship application procedure.
[1]
After receiving written notification from the Commission of
the denial or approval with modifications of a preservation notice
of action, an applicant may commence the hardship process. No building
permit or demolition permit shall be issued unless the Commission
makes a finding that a hardship exists. The Commission may hold a
public hearing on the hardship application, at which an opportunity
will be provided for the proponents and opponents of the application
to present their views.
[2]
The applicant shall consult in good faith with the Commission,
local preservation groups and interested parties in a diligent effort
to seek an alternative that will result in preservation of the property.
[3]
All decisions of the Commission shall be in writing. A copy
shall be sent to the applicant by registered mail and a copy filed
with the City Clerk's office for public inspection. The Commission's
decision shall state the reasons for granting or denying the hardship
application.
[4]
In the event of the Commission's denial based on hardship
application, the applicant may apply to the City of Kingston Zoning
Board for review of said application, applying Landmark Ordinance
criteria.
(12)
Demolition by neglect.
(a)
In its review to determine that demolition by neglect is occurring and upon consultation with the Building Department, the Commission shall consider all of the foregoing criteria and shall also attempt to confer with the owner or person in charge of the real property concerned. It shall also review any communication it shall receive which indicates that demolition by neglect is or may be occurring in any landmark or Landmark District. In the event that the Commission finds that such demolition is or may be taking place, it shall direct a letter to the Building Department to notify the owner or person in charge of this finding, stating the reasons therefor and requesting that the owner or person in charge immediately take appropriate steps to cause such demolition to cease, and to confer with the Commission in connection therewith. Should the owner or person in charge fail to satisfy the Commission that all necessary steps are or will be promptly taken, the Commission shall request the Building Department to notify the Corporation Counsel of the City of Kingston and request the consideration of the proceedings pursuant to § 405-26J(4)(d) hereof.
(b)
No owner or person with an interest in real property designated
as a landmark or included within an Historic District shall permit
the property to fall into a serious state of disrepair so as to result
in the deterioration of any exterior architectural feature which would,
in the judgment of the Historic Landmarks Preservation Commission,
produce a detrimental effect upon the character of the property itself.
Examples of such deterioration include:
[1]
Deterioration of exterior walls or other vertical supports.
[2]
Deterioration of roofs or other horizontal members.
[3]
Deterioration of exterior chimneys.
[4]
Deterioration or crumbling of exterior stucco or mortar.
[5]
Ineffective waterproofing of exterior walls, roofs or foundations,
including broken windows or doors.
[6]
Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that demolition is necessary for the
public safety.
(c)
Interior structural members shall be protected and maintained to
resist and prevent deterioration.
(d)
Unheated attics, spaces below flat roofs and crawl spaces shall be
ventilated to minimize deterioration.
(e)
Interior and exterior chimneys and flues shall be maintained safe,
sound and smoketight.
(f)
Interior ceilings, walls, floors and stairways shall be maintained
in a safe and sound condition.
(13)
Enforcement.
(a)
All work performed pursuant to a preservation notice of action
and/or building permit issued under this article shall conform to
any requirements included therein. In the event that the Commission
finds that work is not being performed pursuant to said preservation
notice of action or building permit, it shall notify the owner or
person in charge of the building, stating the reasons therefor and
requesting that the owner or person in charge immediately take appropriate
steps to conform to said preservation notice of action or building
permit and to confer with the Commission in connection therewith.
Should the owner or person in charge fail to satisfy the Commission
that all necessary steps are or will be immediately taken, the Commission
shall request the Building Department to take appropriate action.
(b)
Similarly, should both a preservation notice of action and a
building permit be issued, the
Building Safety Officer
shall have all
powers conferred upon him pursuant to the Zoning Ordinance to enforce
the preservation notice of action, including, but not limited to,
stop-work orders.(14)
Appeals. Any aggrieved party by an action of the Commission
in disapproving or limiting a preservation notice of action application
may bring an appeal to the Zoning Board of Appeals.
M.
Amendments.
(1)
Authority to amend. This chapter or any part thereof, including the
Zoning Map, may be amended, supplemented or repealed, from time to
time, by the Common Council, pursuant to statute. Such amendment may
be initiated in one of the following ways:
(a)
By the Common Council on its own motion.
(b)
By adoption by the Planning Board of a resolution proposing
an amendment to the Common Council.
(c)
By the filing of a petition in accord with the requirements set forth in § 405-26M(2) below.
(2)
Procedures for petitions.
(a)
Form of petition. All petitions for amendment shall be presented
to the City Clerk for referral to the Common Council at the next regular
meeting of said Common Council. A petition for amendment shall contain
information describing the nature of the proposed amendment, a description
of the land or district affected and any other information or material
pertinent to the determination of the matter. The City Clerk may prescribe
forms for the filing of said petitions. Each petition for amendment
shall be accompanied by a fee in accordance with the Fee Schedule
established by the Common Council, payable to the City Comptroller.
(b)
Resubmittal of petition. If an amendment is disapproved by the
Common Council, no petition for essentially the same amendment shall
be considered within a period of one year from and after the date
of such disapproval.
(c)
Withdrawal of petition. Any petition for amendment may be withdrawn
at any time by the filing of a verified petition of withdrawal signed
by not less than a majority of the number of persons who signed the
original petition. Any petition for amendment withdrawn by the petitioner
subsequent to notice of public hearing shall preclude consideration
of substantially the same amendment for a period of one year from
and after the date said petition for withdrawal is filed with the
City Clerk.
(3)
Required actions on petitions.
(a)
Petition for resolution. Whenever the owners of 50% or more
of the frontage in any district or part thereof shall present a petition
duly signed and acknowledged to the Common Council requesting an amendment,
supplement, change or repeal of the regulations prescribed for such
district or part thereof, it shall be the duty of the Common Council
to vote upon said petition within 90 days after the filing of the
same by the petitioners with the City Clerk.
(b)
Protest petition. If a protest against a proposed amendment,
supplement or repeal is presented to the Common Council, duly signed
and acknowledged by the owners of 20% or more of the area of land
included in such proposed change, or by the owners of 20% or more
of the area of land immediately adjacent, extending 100 feet from
the street frontage of such opposite land, such amendment shall not
become effective except by the favorable vote of at least 3/4 of the
Common Council.
(c)
Planning Board proposal. It shall be the duty of the Common
Council to vote upon such amendment, supplement, change or repeal,
as proposed by the Planning Board, within 90 days from the date the
proposal is received by the Common Council.
(4)
Referrals.
(a)
Referral to the Planning Board.
[1]
Procedure. All proposed amendments originated by petition or
by motion of the Common Council shall be referred by the Common Council
to the Planning Board for a report and recommendations thereon. If
the Planning Board shall not have made its final report thereon within
45 days of reference thereto, the Common Council may proceed to final
action.
[2]
Planning Board report. In preparing a report on a proposed amendment,
the Planning Board shall consider the following:
[a]
Whether such change is consistent with the objectives
and purposes of the district(s) to be affected.
[b]
The nature and location of uses and buildings to
be affected and the manner in which they will be affected.
[c]
Whether uses permitted by the proposed change will
be appropriate in the affected area(s).
[d]
The affect of the change on existing or proposed
public facilities and services, such as schools, streets, utilities,
etc.
[3]
Effect of negative report. Should the Planning Board object
to the proposed amendment or change, it shall not become effective
except by the favorable vote of a majority plus one of all members
of the Common Council.
(b)
Referral to the Historic Landmarks Preservation Commission.
Any proposed amendment which might affect any property in an L Landmark
Overlay District or the activities of the Historic Landmarks Preservation
Commission shall be referred by the Common Council to said Commission
for a report and recommendations thereon. If the Commission shall
not have made its report thereon within 45 days of reference thereto,
the Common Council may proceed to final action.
(c)
Referral to the County Planning Board.
[1]
Matters to be referred. Any change in the district classification
of, or the regulations applying to, real property lying within a distance
of 500 feet of the following shall be referred to the Ulster County
Planning Board prior to final action, in accord with §§ 239-l
and 239-m of the General Municipal Law.
[a]
The boundary of any other municipality (also requires
referral to adjoining municipality).
[b]
The boundary of any existing or proposed county
or state park or other recreation area.
[c]
The
right-of-way
of
any existing or proposed county or state road, parkway or other controlled-access
highway.[d]
The existing or proposed
right-of-way
of any stream or drainage channel owned by the
county for which the county has established channel lines.[e]
The existing or proposed boundary of any county-
or state-owned land on which a public building or institution is located.
[2]
County Planning Board recommendation. If the Ulster County Planning
Board fails to report its recommendation within 30 days after receipt
of a full statement of such referred material, the Common Council
shall construe such inaction as approval of the proposed zoning action
and may act without such a report.
[3]
Effect of negative report. If the Ulster County Planning Board
disapproves the proposed amendment or recommends modification thereof,
the proposed amendment shall not become effective except by a vote
of a majority plus one of all members of the Common Council and after
the adoption of a resolution fully setting forth the reasons for such
action.
(5)
Public hearing.
(a)
The Laws and Rules Committee of the Common Council shall conduct
a public hearing on all proposed amendments as provided by § 83
of the General City Law. The City Clerk shall cause notice of such
hearing to be published in the official newspaper of the City, which
shall specify the nature of any proposed amendment, the land or district
affected, and the date and place of the public hearing. Each applicant
or their authorized representative, upon written notification, shall
be present at any meetings and public hearings concerning determination
of the application.
(b)
If the proposed amendment is an amendment to the Zoning Map,
the City Clerk shall cause notice of such hearing to be mailed to
the property owners of each property located within the area proposed
to be rezoned and to the property owners of each parcel contiguous
to the area proposed to be rezoned. For purposes of this section "contiguous"
shall be read to include properties on the opposite side of any street,
abutting, or included within the area to be rezoned.
(6)
Distribution of copies of decision. Upon approval of any amendment
by the Common Council, copies thereof shall be transmitted by the
City Clerk to the Planning Board, the Historic Landmarks Preservation
Commission, the Zoning Board of Appeals and the Ulster County Planning
Board.
N.
Interpretation.
(1)
Interpretation of provisions.
(a)
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements adopted for the
promotion of the public health, safety, and general welfare. Except
where specifically provided to the contrary, it is not intended by
this chapter to repeal, abrogate, annul or in any way to impair or
interfere with any rules, regulations or permits previously adopted
or issued or which shall be adopted or issued pursuant to law relating
to the use of buildings, structures, shelters or premises; nor is
it intended by this chapter to interfere with or abrogate or annul
any easements, covenants or other agreements between parties; provided,
however, that where this chapter imposes a greater restriction upon
the use of a building or premises or requires larger open spaces than
are imposed or required by any other statute, ordinance, rule, regulation
or permit or by any easement or agreement, the provisions of this
chapter shall control.
(b)
In the event of a conflict in the terminology of any section
or part thereof of this chapter, the more restrictive provisions shall
control.
O.
Validity and effect.
(1)
Validity.
(a)
Should any section or provision of this chapter be decided by
the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the chapter as a whole or any part thereof
other than the part so decided to be unconstitutional or invalid.
The Common Council hereby declares that it would have passed this
chapter and each section and subsection thereof, irrespective of the
fact that any one or more parts, subsections, sentences, clauses or
phrases may be declared unconstitutional or invalid.
(b)
Should this chapter in its entirety be decided by the courts
to be unconstitutional or invalid, the Zoning Ordinance of the City
of Kingston, adopted on November 12, 1963, with its amendments, shall
be deemed to have remained in effect.
(2)
When effective. This chapter shall take effect immediately.
